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113-hr-853

I 113th CONGRESS 1st Session H. R. 853 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Buchanan (for himself, Ms. Brown of Florida , Ms. Castor of Florida , Mr. Crenshaw , Mr. Deutch , Mr. Diaz-Balart , Ms. Frankel of Florida , Mr. Garcia , Mr. Grayson , Mr. Hastings of Florida , Mr. Miller of Florida , Mr. Murphy of Florida , Mr. Nugent , Mr. Posey , Mr. Radel , Mr. Rooney , Ms. Ros-Lehtinen , Mr. Ross , Mr. Southerland , Ms. Wasserman Schultz , Mr. Webster of Florida , Ms. Wilson of Florida , Mr. Yoho , Mr. Young of Florida , Mr. Hinojosa , Mr. Cuellar , and Ms. Brownley of California ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To create a Citrus Disease Research and Development Trust Fund to support research on diseases impacting the citrus industry, and for other purposes. 1. Short title This Act may be cited as the Citrus Disease Research and Development Trust Fund Act of 2013 . 2. Findings and purposes (a) Findings Congress finds that— (1) duties collected on imports of citrus and citrus products have ranged from $32,000,000 to $87,000,000 annually since 2004, and are projected to increase, as United States production declines due to the effects of huanglongbing (also known as HLB or citrus greening disease ) and imports increase in response to the shortfall in the United States; (2) in cases involving other similarly situated agricultural commodities, notably wool, the Federal Government has chosen to divert a portion of the tariff revenue collected on imported products to support efforts of the domestic industry to address challenges facing the industry; (3) citrus and citrus products are a highly nutritious and healthy part of a balanced diet; (4) citrus production is an important part of the agricultural economy in Florida, California, Arizona, and Texas; (5) in 2012, citrus fruits were produced on approximately 804,300 acres in the United States, yielding approximately 11,373,000 tons of citrus products with a value at the farm of more than $3,443,289,000; (6) the commercial citrus sector employs approximately 110,000 people and contributes approximately $13,500,000,000 to the United States economy; (7) the United States citrus industry has suffered billions of dollars in damage from disease and pests, both domestic and invasive, over the decade preceding the date of the enactment of this Act, particularly from huanglongbing; (8) huanglongbing threatens the entire United States citrus industry because the disease kills citrus trees; (9) as of the date of the enactment of this Act, there are no cost effective or environmentally sound treatments available to suppress or eradicate huanglongbing; (10) United States citrus producers working with Federal and State governments have devoted tens of millions of dollars toward research and efforts to combat huanglongbing and other diseases and pests, but more funding is needed to develop and commercialize disease and pest solutions; (11) although imports constitute an increasing share of the United States market, importers of citrus products into the United States do not directly fund production research in the United States; (12) disease and pest suppression technologies require determinations of safety and solutions must be commercialized before use by citrus producers; (13) the complex processes involved in discovery and commercialization of safe and effective pest and disease suppression technologies are expensive and lengthy and the need for the technologies is urgent; and (14) research to develop solutions to suppress huanglongbing, or other domestic and invasive pests and diseases will benefit all citrus producers and consumers around the world. (b) Purposes The purposes of this Act are— (1) to authorize the establishment of a trust funded by certain tariff revenues to support scientific research, technical assistance, and development activities to combat citrus diseases and pests, both domestic and invasive, harming the United States; and (2) to require the President to notify the chairperson and ranking member of the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives before entering into any trade agreement that would decrease the amount of duties collected on imports of citrus products to less than the amount necessary to provide the grants authorized by section 1001(d) of the Trade Act of 1974, as added by section 3(a) of this Act. (c) Effect on other activities Nothing in this Act restricts the use of any funds for scientific research and technical activities in the United States. 3. Citrus Disease Research and Development Trust Fund (a) In general The Trade Act of 1974 ( 19 U.S.C. 2102 et seq. ) is amended by adding at the end the following: X Citrus Disease Research and Development Trust Fund 1001. Citrus Disease Research and Development Trust Fund (a) Establishment There is established in the Treasury of the United States a trust fund to be known as the Citrus Disease Research and Development Trust Fund (in this section referred to as the Trust Fund ), consisting of such amounts as may be transferred to the Trust Fund under subsection (b)(1) and any amounts that may be credited to the Trust Fund under subsection (d)(2). (b) Transfer of amounts (1) In general Subject to paragraph (2), the Secretary of the Treasury shall transfer to the Trust Fund, from the general fund of the Treasury, amounts determined by the Secretary to be equivalent to amounts received in the general fund that are attributable to the duties collected on articles that are citrus or citrus products classifiable under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff Schedule of the United States. (2) Limitation The amount transferred to the Trust Fund under paragraph (1) in any fiscal year may not exceed the lesser of— (A) an amount equal to 1/3 of the amount attributable to the duties received on articles described in paragraph (1); or (B) $30,000,000. (c) Availability of amounts in Trust Fund (1) Amounts available until expended Amounts in the Trust Fund shall remain available until expended without further appropriation. (2) Availability for citrus disease research and development expenditures Amounts in the Trust Fund shall be available to the Secretary of Agriculture— (A) for expenditures relating to citrus disease research and development under section 4 of the Citrus Disease Research and Development Trust Fund Act of 2013 , including costs relating to contracts or other agreements entered into to carry out citrus disease research and development; and (B) to cover administrative costs incurred by the Secretary in carrying out the provisions of that Act. (d) Investment of Trust Fund (1) In general The Secretary of the Treasury shall invest such portion of the Trust Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. Such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the market price. Any obligation acquired by the Trust Fund may be sold by the Secretary of the Treasury at the market price. (2) Interest and proceeds from sale or redemption of obligations The interest on, and the proceeds from the sale or redemption of, any obligations held in the Trust Fund shall be credited to and form a part of the Trust Fund. (e) Reports to Congress Not later than January 15, 2014, and each year thereafter until the year after the termination of the Trust Fund, the Secretary of the Treasury, in consultation with the Secretary of Agriculture, shall submit to Congress a report on the financial condition and the results of the operations of the Trust Fund that includes— (1) a detailed description of the amounts disbursed from the Trust Fund in the preceding fiscal year and the manner in which those amounts were expended; (2) an assessment of the financial condition and the operations of the Trust Fund for the current fiscal year; and (3) an assessment of the amounts available in the Trust Fund for future expenditures. (f) Remission of surplus funds The Secretary of the Treasury may remit to the general fund of the Treasury such amounts as the Secretary of Agriculture reports to be in excess of the amounts necessary to meet the purposes of the Citrus Disease Research and Development Trust Fund Act of 2013 . (g) Sunset provision The Trust Fund shall terminate on December 31 of the fifth calendar year that begins after the date of the enactment of the Citrus Disease Research and Development Trust Fund Act of 2013 and all amounts in the Trust Fund on December 31 of that fifth calendar year shall be transferred to the general fund of the Treasury. 1002. Reports required before entering into certain trade agreements The President shall notify the chairperson and ranking member of the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than 90 days before entering into a trade agreement if the President determines that entering into the trade agreement could result— (1) in a decrease in the amount of duties collected on articles that are citrus or citrus products classifiable under chapters 8, 20, 21, 22, and 33 of the Harmonized Tariff Schedule of the United States; and (2) in a decrease in the amount of funds being transferred into the Citrus Disease Research and Development Trust Fund under section 1001 so that amounts available in the Trust Fund are insufficient to meet the purposes of the Citrus Disease Research and Development Trust Fund Act of 2013 . . (b) Clerical amendment The table of contents for the Trade Act of 1974 is amended by adding at the end the following: TITLE X—Citrus Disease Research and Development Trust Fund Sec. 1001. Citrus Disease Research and Development Trust Fund. Sec. 1002. Reports required before entering into certain trade agreements. . 4. Citrus Disease Research and Development Trust Fund Advisory Board (a) Purpose The purpose of this section is to establish an orderly procedure and financing mechanism for the development of an effective and coordinated program of research and product development relating to— (1) scientific research concerning diseases and pests, both domestic and invasive, afflicting the citrus industry; and (2) support for the dissemination and commercialization of relevant information, techniques, and technologies discovered pursuant to research funded through the Citrus Disease Research and Development Trust Fund established under section 1001 of the Trade Act of 1974, as added by section 3(a) of this Act, or through other research projects intended to solve problems caused by citrus production diseases and invasive pests. (b) Definitions In this section: (1) Board The term Board means the Citrus Disease Research and Development Trust Fund Advisory Board established under this section. (2) Citrus (A) In general The term citrus means edible fruit of the family Rutaceae, commonly called citrus . (B) Inclusion The term citrus includes all citrus hybrids and products of citrus hybrids that are produced for commercial purposes in the United States. (3) Department The term Department means the Department of Agriculture. (4) Person The term person means any individual, group of individuals, firm, partnership, corporation, joint stock company, association, cooperative, or other legal entity. (5) Producer The term producer means any person that is engaged in the domestic production and commercial sale of citrus in the United States. (6) Program The term program means the citrus research and development program authorized under this section. (7) Secretary The term Secretary means the Secretary of Agriculture. (8) Trust Fund The term Trust Fund means the Citrus Disease Research and Development Trust Fund established under section 1001 of the Trade Act of 1974, as added by section 3(a) of this Act. (c) Implementation (1) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out this section. (2) Citrus Advisory Board (A) Establishment and membership (i) Establishment The Citrus Disease Research and Development Trust Fund Advisory Board shall consist of 9 members. (ii) Membership The members of the Board shall be appointed by the Secretary. (iii) Status Members of the Board represent the interests of the citrus industry and shall not be considered officers or employees of the Federal Government solely due to membership on the Board. (B) Distribution of appointments The membership of the Board shall consist of— (i) 5 members who are domestic producers of citrus in Florida; (ii) 3 members who are domestic producers of citrus in Arizona or California; and (iii) 1 member who is a domestic producer of citrus in Texas. (C) Consultation Prior to making appointments to the Board, the Secretary shall consult with organizations composed primarily of citrus producers to receive advice and recommendations regarding Board membership. (D) Board vacancies (i) In general The Secretary shall appoint a new Board member to serve the remainder of a term vacated by a departing Board member. (ii) Requirements When filling a vacancy on the Board, the Secretary shall— (I) appoint a citrus producer from the same State as the Board member being replaced; and (II) prior to making an appointment, consult with organizations in that State composed primarily of citrus producers to receive advice and recommendations regarding the vacancy. (E) Terms (i) In general Except as provided in clause (ii), each term of appointment to the Board shall be for 5 years. (ii) Initial appointments In making initial appointments to the Board, the Secretary shall appoint 1/3 of the members to terms of 1, 3, and 5 years, respectively. (F) Disqualification from Board service If a member or alternate of the Board who was appointed as a domestic producer ceases to be a producer in the State from which the member was appointed, or fails to fulfill the duties of the member according to the rules established by the Board under paragraph (4)(A)(ii), the member or alternate shall be disqualified from serving on the Board. (G) Compensation (i) In general The members of the Board shall serve without compensation, other than travel expenses described in clause (ii). (ii) Travel expenses A member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board. (3) Powers (A) Gifts The Board may accept, use, and dispose of gifts or donations of services or property. (B) Postal services The Board may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (C) Volunteer services Notwithstanding section 1342 of title 31, United States Code, the Board may accept and use the services of volunteers serving without compensation. (D) Technical and logistical support Subject to the availability of funds, the Secretary shall provide to the Board technical and logistical support through contract or other means, including— (i) procuring the services of experts and consultants in accordance with section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the highest rate payable under section 5332 of that title; and (ii) entering into contracts with departments, agencies, and instrumentalities of the Federal Government, State agencies, and private entities for the preparation of reports, surveys, and other activities. (E) Detail of Federal Government employees (i) In general An employee of the Federal Government may be detailed to the Commission on a reimbursable or nonreimbursable basis. (ii) Civil service status The detail of the employee shall be without interruption or loss of civil service status or privilege. (F) General Services Administration The Administrator of General Services shall provide to the Board on a reimbursable basis administrative support and other services for the performance of the duties of the Board. (G) Other Departments and Agencies Departments and agencies of the United States may provide to the Board such services, funds, facilities, staff, and other support services as may be appropriate. (4) General responsibilities of the Board (A) In general The regulations promulgated by the Secretary shall define the general responsibilities of the Board, which shall include the responsibilities— (i) to meet, organize, and select from among the members of the Board a chairperson, other officers, and committees and subcommittees, as the Board determines to be appropriate; (ii) to adopt and amend rules and regulations governing the conduct of the activities of the Board and the performance of the duties of the Board; (iii) to hire such experts and consultants as the Board considers necessary to enable the Board to perform the duties of the Board; (iv) to advise the Secretary on citrus research and development needs; (v) to propose a research and development agenda and annual budgets for the Trust Fund; (vi) to evaluate and review ongoing research funded by Trust Fund; (vii) to engage in regular consultation and collaboration with the Department and other institutional, governmental, and private actors conducting scientific research into the causes or treatments of citrus diseases and pests, both domestic and invasive, so as to— (I) maximize the effectiveness of the activities; (II) hasten the development of useful treatments; and (III) avoid duplicative and wasteful expenditures; and (viii) to provide the Secretary with such information and advice as the Secretary may request. (5) Citrus research and development agenda and budgets (A) In general The Board shall submit annually to the Secretary a proposed research and development agenda and budget for the Trust Fund, which shall include— (i) an evaluation of ongoing research and development efforts; (ii) specific recommendations for new citrus research projects; (iii) a plan for the dissemination and commercialization of relevant information, techniques, and technologies discovered pursuant to research funded through the Trust Fund; and (iv) a justification for Trust Fund expenditures. (B) Affirmative support required A research and development agenda and budget may not be submitted by the Board to the Secretary without the affirmative support of at least 7 members of the Board. (C) Secretarial approval (i) In general Not later than 60 days after receiving the proposed research and development agenda and budget from the Board and consulting with the Board, the Secretary shall finalize a citrus research and development agenda and Trust Fund budget. (ii) Considerations In finalizing the agenda and budget, the Secretary shall— (I) due to the proximity of citrus producers to the effects of diseases such as huanglongbing and the quickly evolving nature of scientific understanding of the effect of the diseases on citrus production, give strong deference to the proposed research and development agenda and budget from the Board; and (II) take into account other public and private citrus-related research and development projects and funding. (D) Report to Congress Each year, the Secretary shall submit to the Committee on Agriculture and the Committee on Ways and Means of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Finance of the Senate a report that includes— (i) the most recent citrus research and development agenda and budget of the Secretary; (ii) an analysis of how, why, and to what extent the agenda and budget finalized by the Secretary differs from the proposal of the Board; (iii) an examination of new developments in the spread and control of citrus diseases and pests; (iv) a discussion of projected research needs; and (v) a review of the effectiveness of the Trust Fund in achieving the purpose described in subsection (a). (6) Contracts and agreements To ensure the efficient use of funds, the Secretary may enter into contracts or agreements with public or private entities for the implementation of a plan or project for citrus research. (d) Administrative costs Each fiscal year, the Secretary may transfer up to $2,000,000 of amounts in the Trust Fund to the Board for expenses incurred by the Board in carrying out the duties of the Board. (e) Termination of Board The Board shall terminate on December 31 of the fifth calendar year that begins after the date of the enactment of this Act. 5. Time for payment of corporate estimated taxes Notwithstanding section 6655 of the Internal Revenue Code of 1986, in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year)— (1) the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2018 shall be increased by 0.25 percent of such amount (determined without regard to any increase in such amount not contained in such Code); and (2) the amount of the next required installment after an installment referred to in paragraph (1) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph. 6. Extension of customs user fees Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by adding at the end the following: (C) (i) Notwithstanding subparagraph (A), fees may be charged under paragraphs (9) and (10) of subsection (a) during the period beginning on October 23, 2021, and ending on November 6, 2021. (ii) Notwithstanding subparagraph (B)(i), fees may be charged under paragraphs (1) through (8) of subsection (a) during the period beginning on October 30, 2021, and ending on November 13, 2021. .

https://www.govinfo.gov/content/pkg/BILLS-113hr853ih/xml/BILLS-113hr853ih.xml

113-hr-854

I 113th CONGRESS 1st Session H. R. 854 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. McCaul introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of State to designate Iran’s Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist organization, and for other purposes. 1. Short title This Act may be cited as the Qods Force Terrorist Designation Act . 2. Findings Congress finds the following: (1) On January 19, 1984, the Secretary of State determined that the Islamic Republic of Iran is a state sponsor of terrorism. (2) The Qods Force is the elite external operations branch of the Iran’s Islamic Revolutionary Guard Corps and the Iranian regime’s primary mechanism for cultivating and supporting terrorists abroad. (3) The Qods Force provides aid in the form of weapons, training, and funding to Hamas and other Palestinian terrorist groups, Lebanese Hizballah, Iraq-based militants, and Taliban fighters in Afghanistan. (4) The Qods Force is behind some of the deadliest terrorist attacks of the past three decades, including the 1983 and 1984 bombings of the United States Embassy and annex in Beirut, the 1983 bombing of the Marine barracks in Beirut, the 1992 bombing of the Israeli embassy in Buenos Aires, 1994 attack on the AMIA Jewish Community Center in Buenos Aires, and the 1996 Khobar Towers bombing in Saudi Arabia. (5) In 2007, President George W. Bush and General David Petraeus, the top U.S. commander in Iraq, accused Iran’s Qods Force of aiding militias in killing American soldiers in Iraq. (6) In 2007, the U.S. Department of the Treasury designated the Qods Force for providing material support to the Taliban and other terrorist organizations. (7) On October 25, 2007, Iran’s Islamic Revolutionary Guard Corps Qods Force was sanctioned under Executive Order 13382, for supporting proliferation of weapons of mass destruction. (8) Section 1258 of the National Defense Authorization Act for Fiscal Year 2008 expressed the sense of Congress that the United States should designate Iran's Islamic Revolutionary Guards Corps as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) and place the Islamic Revolutionary Guards Corps on the list of Specially Designated Global Terrorists, as established under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) and initiated under Executive Order 13224 (September 23, 2001) . (9) In the period following the June 2009 presidential election in Iran, the Qods Force was implicated in custodial deaths and the killings of election protesters and committed other acts of politically motivated violence, including torture, beatings, and rape. (10) On April 29, 2011, President Obama issued Executive Order 13572, Blocking Property of Certain Persons With Respect to Human Rights Abuses in Syria, including the Qods Force, for the repression of the people of Syria, manifested most recently by the use of violence and torture against, and arbitrary arrests and detentions of, peaceful protestors by police, security forces, and other entities that have engaged in human rights abuses, which constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. (11) On October 11, 2011, the U.S. Department of Justice announced that two members of Iran’s Qods Force were charged in an alleged plot to assassinate the Saudi Arabian Ambassador to the Unites States. The criminal complaint against them included charges of conspiracy to murder a foreign official; conspiracy to engage in foreign travel and use of interstate and foreign commerce facilities in the commission of murder-for-hire; conspiracy to use a weapon of mass destruction (explosives); and conspiracy to commit an act of international terrorism transcending national boundaries. (12) On March 7, 2012, the U.S. Department of the Treasury designated Iran’s Qods Force General Gholamreza Baghbani as a Specially Designated Narcotics Trafficker for the role that the Qods Force played in its scheme to support terrorism. (13) Iran’s Qods Force stations operatives in foreign embassies, charities, and religious and cultural institutions to foster relationships, often building on existing socio-economic ties with the well-established Shia Diaspora, and recent years have witnessed an increased presence in Latin America. 3. Designation of Iran’s Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist organization The Secretary of State shall designate Iran’s Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). 4. Report The Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on terrorist activities of Iran’s Islamic Revolutionary Guard Corps Qods Force.

https://www.govinfo.gov/content/pkg/BILLS-113hr854ih/xml/BILLS-113hr854ih.xml

113-hr-855

I 113th CONGRESS 1st Session H. R. 855 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Hall (for himself, Ms. Schakowsky , Mr. Terry , Ms. Lofgren , Mr. Loebsack , Ms. Bonamici , Mr. Doggett , Mr. Ellison , Mr. Blumenauer , Mr. Cicilline , Ms. Norton , Mr. Keating , and Mr. Whitfield ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to require Medicaid coverage of optometrists. 1. Short title This Act may be cited as the Optometric Equity in Medicaid Act . 2. Requiring coverage of services of optometrists (a) In General Section 1905(a)(5) of the Social Security Act (42 U.S.C. 1396d(a)(5)) is amended— (1) by striking and before (B) ; and (2) by inserting before the semicolon at the end the following: , and (C) medical and other health services (as defined in section 1861(s)) as authorized by State law, furnished by an optometrist (described in section 1861(r)(4)) to the extent such services may be performed under State law . (b) Effective Date (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act and shall apply to services furnished and other actions required on or after such date. (2) Rule for changes requiring state legislation In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

https://www.govinfo.gov/content/pkg/BILLS-113hr855ih/xml/BILLS-113hr855ih.xml

113-hr-856

I 113th CONGRESS 1st Session H. R. 856 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mrs. Black (for herself, Mr. Schock , Mr. Westmoreland , and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to require the social security number of the student and the employer identification number of the educational institution for purposes of education tax credits. 1. Social security number and employer identification number required for education tax credits (a) In general Paragraph (1) of section 25A(g) of the Internal Revenue Code of 1986 is amended— (1) by striking taxpayer identification number and inserting social security number , and (2) by inserting , and the employer identification number of any institution to which qualified tuition and related expenses were paid with respect to such individual, after such individual . (b) Omission treated as mathematical or clerical error Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking TIN and inserting social security number and employer identification number . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr856ih/xml/BILLS-113hr856ih.xml

113-hr-857

I 113th CONGRESS 1st Session H. R. 857 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Cook introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 to eliminate the Department of Defense sequestration for fiscal years 2013 and 2014 and sequester such eliminated sums over a period of fiscal years 2015 through 2021. 1. Short title This Act may be cited as the Protect Troops at War Act of 2013 . 2. Findings and purpose (a) Findings Congress finds the following: (1) On August 2, 2011, the President signed into law S. 365, the Budget Control Act of 2011, which reduced defense discretionary spending by $478 billion over ten years. (2) The Budget Control Act of 2011 also established a sequestration in the event that a Joint Select Committee on Deficit Reduction could not agree on an additional $1.2 trillion in savings by November 2011. (3) The Joint Select Committee on Deficit Reduction was unable to reach an agreement, which triggered sequestration, resulting in an additional $495 billion reduction in defense spending over the same ten-year period. (4) If these reductions in defense spending remain intact, the total portion of defense spending as a percentage of the total U.S. budget will be at its lowest point since before World War II. (5) Sequestration alone would reduce our military force to its smallest level since 1940, resulting in the separation of more than 100,000 soldiers, sailors, Marines, and airmen. (6) Since 2009, the number of troops has more than doubled in Afghanistan from 30,000 to 66,000 today. During the same period, Congress has actively reduced the budget for the Department of Defense. (b) Purpose It is the purpose of this Act to: (1) Avoid deeper, irresponsible defense cuts in the face of an increasingly dangerous world that unnecessarily threaten our national security and will cost American lives in armed conflict abroad. (2) Invest in advanced military technology in order to equip the U.S. military with the best resources available to defend our country. (3) Not allow the strategy of the U.S. military to be driven by budget constraints, which is unacceptable. The strategy should drive the budget. Avoiding cuts while our troops are at war allows necessary time to adjust strategy for the restructured force post-Afghanistan. Before the House Armed Services Committee, Chairman of the Joint Chiefs General Dempsey testified If you want [your military] to be doing what it’s doing today, then we can’t give you another dollar. . (4) Ensure that the U.S. military forces are adequately prepared. Commandant of the Marine Corps, General Amos, in his statement before the House Armed Services Committee remarked, By the end of calendar year 2013, less than half of our ground units will be trained to the minimum readiness level required for deployment. . Sequestration, if left unchecked, will cost American lives. The hollow force experienced during the Korean War would be today’s reality. (5) Halt irresponsible budget cuts because no amount of savings can justify the loss of one American service member. 3. Postponement of FY 2013 and 2014 defense sequestration Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: (12) Notwithstanding paragraphs (5) and (8), there shall be no reductions under this section to discretionary appropriations or direct spending for fiscal year 2013 or 2014 for the defense function. The reduction that would otherwise have occurred shall be added to and distributed equally among the sequestration for the defense function for fiscal years 2015 through 2021. . 4. Transfer authority for funding of department of defense under continuing resolution and sequester consistent with amounts authorized by national defense authorization act for fiscal year 2013 (a) In general In accordance with subsection (b), the Secretary of Defense may transfer amounts appropriated for the Department of Defense by the Continuing Appropriations Resolution ( Public Law 112–175 ) among accounts of the Department of Defense. (b) Transfers consistent with amounts appropriated or authorized In the event of any transfers under subsection (a), the total amount in any account of the Department of Defense that is available for obligation and expenditure in fiscal year 2013 shall be consistent with, and may not exceed— (1) if a regular appropriation Act making appropriations for the Department of Defense for fiscal year 2013 is enacted before the date of the transfer, the level provided for that account for that fiscal year by applicable provisions of such Act; or (2) if no such Act is enacted before the date of the transfer, the amount authorized to be appropriated for that account for that fiscal year by applicable provisions of division A of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ). (c) Notice to congress Not later than 15 days before any transfer under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report setting forth a description of the transfer, including the amount of the transfer and the accounts from and to which the funds were transferred. (d) Transfer subject to notification requirements In addition to the notice required under subsection (c), a transfer under subsection (a) shall be subject to the applicable notification requirements for reprogramming in division A of Public Law 112–74. (e) Transfer authority The transfer authority provided by subsection (a) is in addition to any other transfer authority provided by law. (f) Definition In this section, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr857ih/xml/BILLS-113hr857ih.xml

113-hr-858

I 113th CONGRESS 1st Session H. R. 858 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Fortenberry (for himself, Mr. Hinojosa , Mrs. Capito , Mr. Walz , Mr. Womack , and Mr. Courtney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend section 520 of the Housing Act of 1949 to revise the requirements for areas to be considered as rural areas for purposes of such Act. 1. Short title This Act may be cited as the Rural Housing Preservation Act of 2013 . 2. Definition of Rural Area The second sentence of section 520 of the Housing Act of 1949 ( 42 U.S.C. 1490 ) is amended by striking: 1990 or 2000 decennial census shall continue to be so classified until the receipt of data from the decennial census in the year 2010 and inserting 1990, 2000, or 2010 decennial census shall continue to be so classified until the receipt of data from the decennial census in the year 2020 .

https://www.govinfo.gov/content/pkg/BILLS-113hr858ih/xml/BILLS-113hr858ih.xml

113-hr-859

I 113th CONGRESS 1st Session H. R. 859 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Jordan (for himself and Ms. Speier ) introduced the following bill; which was referred to the Committee on Appropriations , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To rescind certain excess conference costs from any agency that overspends on conferences, and for other purposes. 1. Short title This Act may be cited as the Taxpayers’ Conference Overspending Prevention Act or the Taxpayers’ COP Act . 2. Report and rescission of excess conference costs (a) Report Not later than October 31 of each fiscal year, each executive agency shall submit to the Congress a report listing the amount of funds that such agency obligated for conferences in the previous fiscal year. The funds described in the report shall include pre-planning, travel, and subsistence costs. (b) Rescission On the date that is 30 days after the date a report is submitted by an executive agency under subsection (a), from the unobligated funds made available to such agency in the current fiscal year for conferences (including pre-planning, travel, and subsistence costs), there is rescinded the total amount by which the total costs for any conference described in such report exceeds $3,000 per agency employee attending such conference, or the total amount by which the costs for any conference described in such report exceeds $600 per day per agency employee attending such conference, whichever is higher. (c) Exception for critical foreign travel (1) Certification The rescission required under subsection (b) shall not apply to amounts described in a report that are greater than the limits provided in such subsection if— (A) the head of the applicable executive agency certifies in writing to the Director of the Office of Management and Budget that the amounts were for foreign travel and that such travel was critical to the agency’s mission; and (B) the Director determines that such certification is valid. (2) Report Any determination by the Director under paragraph (1) shall be included in the report submitted under subsection (a). (d) Definitions In this section— (1) the term Director means the Director of the Office of Management and Budget; (2) the term executive agency has the meaning given such term in section 105 of title 5, United States Code; and (3) the term conference means a meeting, retreat, seminar, symposium, or event that— (A) is held for consultation, education, discussion, or training; and (B) is not held entirely at a Government facility.

https://www.govinfo.gov/content/pkg/BILLS-113hr859ih/xml/BILLS-113hr859ih.xml

113-hr-860

I 113th CONGRESS 1st Session H. R. 860 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Kind (for himself and Mr. Lewis ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to make qualified biogas property eligible for the energy credit and to permit new clean renewable energy bonds to finance qualified biogas property. 1. Short title This Act may be cited as the Biogas Investment Tax Credit Act of 2013 . 2. Incentives for qualified biogas property (a) Incentives for qualified biogas property made eligible for the energy credit (1) In general Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (vi), by inserting or at the end of clause (vii), and by adding at the end the following new clause: (viii) qualified biogas property, . (2) Qualified biogas property Subsection (c) of section 48 of such Code is amended by adding at the end the following new paragraph: (5) Qualified biogas property (A) In general The term qualified biogas property means property comprising a system which— (i) uses anaerobic digesters or other biological, chemical, thermal, or mechanical processes (alone or in combination) to convert biomass (as defined in section 45K(c)(3)) into a gas which consists of not less than 52 percent methane, and (ii) captures such gas for use as a fuel. (B) Inclusion of certain cleaning and conditioning equipment Such term shall include any property which cleans and conditions the gas referred to in subparagraph (A) for use as a fuel. (C) Termination No credit shall be determined under this section with respect to any qualified biogas property for any period after December 31, 2018. . (3) Qualified biogas property made eligible for 30 percent credit Clause (i) of section 48(a)(2)(A) of such Code is amended by striking and at the end of subclause (III) and by adding at the end the following new subclause: (V) qualified biogas property, and . (4) Denial of double benefit Subsection (e) of section 45 of such Code is amended by adding at the end the following new paragraph: (12) Coordination with energy credit for qualified biogas property The term qualified facility shall not include any facility which produces electricity from gas produced by qualified biogas property (as defined in section 48(c)(5)) if a credit is determined under section 48 with respect to such property for the taxable year or any prior taxable year. . (5) Effective date The amendments made by this subsection shall apply to periods after December 31, 2012, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (b) Qualified biogas property made eligible for financing with new clean renewable energy bonds (1) In general Paragraph (1) of section 54C(d) of the Internal Revenue Code of 1986 is amended by inserting , or a qualified biogas property (as defined in section 48(c)(5)), before owned by . (2) Effective date The amendment made by this subsection shall apply to obligations issued after the date of the enactment of this Act. (c) Study of biogas The Secretary of the Treasury shall enter into an agreement with the National Renewable Energy Laboratory to undertake a study of biogas. Such agreement shall provide for a written report to be submitted to Congress not later than 2 years after the date of the enactment of this Act. Such report shall address the following issues: (1) The quality of biogas, including a comparison of biogas to natural gas and the identification of any components of biogas which make it unsuitable for injection into existing natural gas pipelines. (2) Methods for obtaining the highest energy content in biogas, including the use of co-digestion and identifying the optimal feed mixture. (3) Recommendations for the expansion of biogas production, including an analysis of the extent to which increasing the methane content of biogas would result in its greater use and an analysis of how the expanded use of biogas could help meet the growing energy needs of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr860ih/xml/BILLS-113hr860ih.xml

113-hr-861

I 113th CONGRESS 1st Session H. R. 861 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. King of New York (for himself, Ms. Schakowsky , Mr. Hastings of Florida , Mr. Grijalva , Mr. Owens , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To better protect, serve, and advance the rights of victims of elder abuse and exploitation by establishing a program to encourage States and other qualified entities to create jobs designed to hold offenders accountable, enhance the capacity of the justice system to investigate, pursue, and prosecute elder abuse cases, identify existing resources to leverage to the extent possible, and assure data collection, research, and evaluation to promote the efficacy and efficiency of the activities described in this Act. 1. Short title This Act may be cited as the Elder Abuse Victims Act of 2013 . 2. Definitions In this Act— (1) the terms abuse , elder , elder justice , exploitation , and neglect have the meanings given those terms in section 2011 of the Social Security Act ( 42 U.S.C. 1397j ); (2) the term elder abuse includes neglect and exploitation; (3) the term Director means the Director of the Office appointed under section 3(b); (4) the term Office means the Office of Elder Justice established under section 3(a); (5) the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory of possession of the United States; and (6) the term task force means a multidisciplinary task force on elder justice established or designated under section 5(c)(1). 3. Office of Elder Justice (a) In general There is established within the Department of Justice an office to be known as the Office of Elder Justice, which shall address issues relating to elder abuse. (b) Director The Office shall be headed by a Director who shall— (1) be appointed by the President, by and with the advice and consent of the Senate, from among individuals with experience and expertise in elder abuse; and (2) serve as counsel to the Attorney General on elder justice and elder abuse. (c) Responsibilities The Director shall— (1) create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in— (A) investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of— (i) physical, sexual, and psychological abuse of elders; (ii) exploitation of elders, including financial abuse and scams targeting elders; and (iii) neglect of elders; and (B) assessing, addressing, and mitigating the physical and psychological trauma to victims of elder abuse; (2) collect data and perform an evidence-based evaluation to— (A) assure the efficacy of measures and methods intended to prevent, detect, respond to, or redress elder abuse; and (B) evaluate the number of victims of elder abuse in each State and the extent to which the needs of the victims are served by crime victim services, programs, and sources of funding; (3) publish a report, on an annual basis, that describes the results of the evaluations conducted under paragraphs (1) and (2) , and submit the report to each Federal agency, each State, and the Committee on the Judiciary and the Special Committee on Aging of the Senate and the Committee on the Judiciary of the House of Representatives; (4) evaluate training models to determine best practices, create replication guides, create training materials for law enforcement officers, prosecutors, judges, emergency responders, individuals working in victim services, adult protective services, social services, and public safety, medical personnel, mental health personnel, financial services personnel, and any other individuals whose work may bring them in contact with elder abuse regarding how to— (A) conduct investigations in elder abuse cases; (B) address evidentiary issues and other legal issues; and (C) appropriately assess, respond to, and interact with victims and witnesses in elder abuse cases, including in administrative, civil, and criminal judicial proceedings; (5) conduct, and update on a regular basis, a study of laws and practices relating to elder abuse, including— (A) a comprehensive description of State laws and practices; (B) an analysis of the effectiveness of State laws and practices, including— (i) whether the State laws are enforced; and (ii) if enforced— (I) how the State laws are enforced; and (II) how enforcement of the State laws has effected elder abuse within the State; (C) a review of State definitions of the terms abuse , neglect , and exploitation in the context of elder abuse cases; (D) a review of State laws that mandate reporting of elder abuse, including adult protective services laws, laws that require the reporting of nursing home deaths or suspicious deaths of elders to coroners or medical examiners, and other pertinent reporting laws, that analyzes— (i) the impact and efficacy of the State laws; (ii) whether the State laws are enforced; (iii) the levels of compliance with the State laws; and (iv) the response to, and actions taken as a result of, reports made under the State laws; (E) a review of State evidentiary, procedural, sentencing, choice of remedies, and data retention issues relating to elder abuse; (F) a review of State fiduciary laws, including laws relating to guardianship, conservatorship, and power of attorney; (G) a review of State laws that permit or encourage employees of depository institutions (as defined in section 3(c)(1) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c)(1) ) and State credit unions (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )) to prevent and report suspected elder abuse; (H) a review of State laws used in civil court proceedings to prevent and address elder abuse; (I) a review of State laws relating to fraud and related activities in connection with mail, telemarketing, the Internet, or health care; (J) a review of State laws that create programs, offices, or entities that address or respond to elder abuse; and (K) an analysis of any other State laws relating to elder abuse; and (6) carry out such other duties as the Attorney General determines necessary in connection with enhancing the understanding, prevention, and detection of, and response to, elder abuse. 4. Data collection The Attorney General, in consultation with the Secretary of Health and Human Services, shall, on an annual basis— (1) collect from Federal, State, and local law enforcement agencies and prosecutor offices statistical data relating to the incidence of elder abuse, including data relating to— (A) the number of elder abuse cases referred to law enforcement agencies, adult protective services, or any other State entity tasked with addressing elder abuse; (B) the number and types of such cases filed in Federal, State, and local courts; and (C) the outcomes of the cases described in subparagraphs (A) and (B) and the reasons for such outcomes; (2) identify common data points among Federal, State, and local law enforcement agencies and prosecutor offices that would allow for the collection of uniform national data related to elder abuse; (3) publish a summary of the data collected under paragraphs (1) and (2) ; (4) identify— (A) the types of data relevant to elder abuse that should be collected; and (B) what entity is most capable of collecting the data described in subparagraph (A) ; and (5) develop recommendations for collecting additional data relating to elder abuse. 5. Elder victims grant program (a) In general The Director may make grants and provide technical assistance to not more than 15 States to assist the States in developing, establishing, and operating programs designed to improve— (1) the response to cases of elder abuse in a manner that limits additional trauma to the elder victims; and (2) the investigation and prosecution of cases of elder abuse. (b) Eligibility A State is eligible to receive a grant under this section if the State— (1) has a crime victims compensation program that meets the criteria described in section 1403(b) of the Victims of Crime Act of 1984 ( 42 U.S.C. 10602(b) ); and (2) is in compliance with subsection (c) . (c) Establishment of task force (1) In general In order to be eligible to receive a grant under this section, a State shall establish or, subject to paragraph (5) , designate a multidisciplinary task force on elder justice that is composed of professionals with knowledge and experience relating to the criminal justice system and issues of elder abuse. (2) Membership requirement Except as provided in paragraph (6) , a task force established or designated in accordance with this subsection shall include— (A) representatives from law enforcement agencies, such as police officers, sheriffs and deputy sheriffs, detectives, public safety officers, corrections officers, investigators and victims' service personnel; (B) a representative from the crime victim compensation program of the State; (C) judicial and legal officers, including individuals who work on cases of elder abuse; (D) elder justice and elder law advocates, including local agencies on aging and local public and private agencies and entities relating to elder abuse and other crimes against elders; (E) health and mental health professionals; (F) representatives from social services agencies in the State; and (G) family members of victims of elder abuse. (3) Review and evaluation A task force established or designated in accordance with this subsection shall— (A) review and evaluate the investigative, administrative, and judicial responses to cases of elder abuse in the State; (B) make recommendations to the State based on the review and evaluation conducted under subparagraph (A) , including recommendations relating to— (i) modifying the investigative, administrative, and judicial response to cases of elder abuse in a manner that— (I) reduces additional trauma to the elder victim; and (II) ensures procedural fairness to the individual accused of elder abuse; and (ii) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve the rate of successful prosecution or enhance the effectiveness of judicial and administrative action in elder abuse cases, and which ensure procedural fairness to the accused, including a determination of which programs are most effective; and (C) submit the recommendations described in subparagraph (B) to the Office. (4) Task force alternative If determined appropriate by the Director, a State may comply with the eligibility requirement described in paragraph (1) by designating a commission or task force established by a State before January 1, 2013, with membership and functions comparable to those described in paragraphs (2) and (3) , respectively, as the task force on elder justice required under such paragraph (1) . (5) Task force membership waiver The Director may waive, in part, the task force membership requirements under paragraph (2) for a State that demonstrates a need for the waiver. (d) Use of funds Grant funds awarded under this section may be used by a State to support— (1) State and local prosecutor offices and courts in elder abuse matters, including— (A) hiring or paying salary and benefits for employees and establishing or implementing units designated to work on elder justice issues in State prosecutors' offices and State courts; and (B) hiring or paying salary and benefits for an employee to coordinate elder justice-related cases, training, technical assistance, and policy development for State and local prosecutors and courts; (2) State and local law enforcement agencies investigating cases of elder abuse; and (3) adult protective services. (e) State reports Not later than 1 year after a State receives grant funds under this section, the State shall submit to the Director a report that includes— (1) an evaluation of the effectiveness of the grant program; (2) a list of all laws of the State relating to elder abuse; and (3) any other information the Director may require. (f) Evaluation and report Not later than 1 year after the date on which the Director makes available the final funds awarded under a grant under this section, the Director shall— (1) evaluate the grant program established under this section; and (2) submit to the appropriate congressional committees a report on the evaluation conducted under paragraph (1) , including recommendations on whether the grant program should be continued. 6. Elder Justice Coordinating Council Section 2021(b)(1)(B) of the Social Security Act ( 42 U.S.C. 1397k(b)(1)(B) ) is amended by striking (or the Attorney General's designee) and inserting (or the Director of the Office of Elder Justice) . 7. Authorization of appropriations There is authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2014 through 2016. Such sums shall be derived from amounts appropriated in each such fiscal year for General Administration, Salaries and Expenses, for the Department of Justice.

https://www.govinfo.gov/content/pkg/BILLS-113hr861ih/xml/BILLS-113hr861ih.xml

113-hr-862

I 113th CONGRESS 1st Session H. R. 862 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mrs. Kirkpatrick (for herself and Mr. Gosar ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960. 1. Conveyance of land to correct erroneous survey, Coconino National Forest, Arizona (a) Conveyance authorized The Secretary of Agriculture may convey by quitclaim deed all right, title, and interest of the United States in and to the two parcels of land described in subsection (b) to a person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the two parcels. These parcels are within the boundaries of the Coconino National Forest and contain private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960. (b) Description of land The two parcels of land authorized for conveyance under subsection (a) consist of approximately 2.67 acres described in the Bureau of Land Management’s Survey Plat titled Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, approved February 2, 2010, as follows: (1) Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (2) Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (c) Consideration (1) Amount of consideration As consideration for the conveyance of the two parcels under subsection (a), the person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the parcels shall pay to the Secretary consideration in the amount of $20,000. (2) Deposit The Secretary shall deposit the consideration received under this subsection in a special account in the fund established under Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a). (3) Use The deposited funds shall be available to the Secretary, without further appropriation and until expended, for acquisition of land in the National Forest System. (d) Revocation of orders Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit conveyance of the Federal land under subsection (a). (e) Withdrawal of Federal land Subject to valid existing rights, the Federal land authorized for conveyance under subsection (a) is withdrawn from all forms of entry and appropriation under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing and geothermal leasing laws until the date which the conveyance is completed. (f) Other terms and conditions The conveyance authorized by subsection (a) shall be subject only to those surveys and clearances as needed to protect the interests of the United States. (g) Duration of authority The authority provided under this section shall terminate three years after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr862ih/xml/BILLS-113hr862ih.xml

113-hr-863

I 113th CONGRESS 1st Session H. R. 863 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Mrs. Blackburn , Ms. Norton , Mr. Rangel , Ms. Moore , Mr. Moran , Mrs. Davis of California , Mr. Honda , Mr. Grijalva , Ms. Speier , Ms. Schakowsky , Mr. Cicilline , Ms. Matsui , Mr. Ellison , Ms. Loretta Sanchez of California , Mr. Peters of Michigan , Mrs. Capps , Ms. DeLauro , Mr. McGovern , and Ms. Brown of Florida ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the Commission to Study the Potential Creation of a National Women’s History Museum, and for other purposes. 1. Short title This Act may be cited as the Commission to Study the Potential Creation of a National Women’s History Museum Act of 2013 . 2. Definitions In this Act: (1) Commission The term Commission means the Commission to Study the Potential Creation of a National Women’s History Museum established by section 3(a). (2) Museum The term Museum means the National Women’s History Museum. 3. Establishment of Commission (a) In general There is established the Commission to Study the Potential Creation of a National Women’s History Museum. (b) Membership The Commission shall be composed of 8 members, of whom— (1) 2 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 2 members shall be appointed by the minority leader of the House of Representatives. (c) Qualifications Members of the Commission shall be appointed to the Commission from among individuals, or representatives of institutions or entities, who possess— (1) (A) a demonstrated commitment to the research, study, or promotion of women's history, art, political or economic status, or culture; and (B) (i) expertise in museum administration; (ii) expertise in fundraising for nonprofit or cultural institutions; (iii) experience in the study and teaching of women’s history; (iv) experience in studying the issue of the representation of women in art, life, history, and culture at the Smithsonian Institution; or (v) extensive experience in public or elected service; (2) experience in the administration of, or the planning for, the establishment of, museums; or (3) experience in the planning, design, or construction of museum facilities. (d) Prohibition No employee of the Federal Government may serve as a member of the Commission. (e) Deadline for initial appointment The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. (f) Vacancies A vacancy in the Commission–– (1) shall not affect the powers of the Commission; and (2) shall be filled in the same manner as the original appointment was made. (g) Chairperson The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. 4. Duties of the Commission (a) Reports (1) Plan of action The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action for the establishment and maintenance of a National Women’s History Museum in Washington, DC. (2) Report on issues The Commission shall submit to the President and Congress a report that addresses the following issues: (A) The availability and cost of collections to be acquired and housed in the Museum. (B) The impact of the Museum on regional women history-related museums. (C) Potential locations for the Museum in Washington, DC, and its environs (including the location located on public land bounded by Independence Avenue SW., 14th Street SW., 15th Street SW., and Jefferson Drive SW., in Washington, DC, that is established subject to chapter 89 of title 40, United States Code (commonly known as the “Commemorative Works Act”)). (D) Whether the Museum should be part of the Smithsonian Institution. (E) The governance and organizational structure from which the Museum should operate. (F) Best practices for engaging women in the development and design of the Museum. (G) The cost of constructing, operating, and maintaining the Museum. (3) Deadline The reports required under paragraphs (1) and (2) shall be submitted not later than the date that is 18 months after the date of the first meeting of the Commission. (b) Fundraising plan (1) In general The Commission shall develop a fundraising plan to support the establishment and maintenance of the Museum through contributions from the public. (2) Considerations In developing the fundraising plan under paragraph (1), the Commission shall consider— (A) the role of the National Women’s History Museum (a nonprofit, educational organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that was incorporated in 1996 in Washington, DC, and dedicated for the purpose of establishing a women’s history museum) in raising funds for the construction of the Museum; and (B) issues relating to funding the operations and maintenance of the Museum in perpetuity. (c) Legislation To carry out plan of action Based on the recommendations contained in the report submitted under paragraphs (1) and (2) of subsection (a), the Commission shall submit for consideration to the Committees on Transportation and Infrastructure, House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate recommendations for a legislative plan of action to establish and construct the Museum. (d) National conference Not later than 18 months after the date on which the initial members of the Commission are appointed under section 3, the Commission may, in carrying out the duties of the Commission under this section, convene a national conference relating to the Museum, to be comprised of individuals committed to the advancement of the life, art, history, and culture of women. 5. Director and staff of Commission (a) Director and staff (1) In general The Commission may employ and compensate an executive director and any other additional personnel that are necessary to enable the Commission to perform the duties of the Commission. (2) Rates of pay Rates of pay for persons employed under paragraph (1) shall be consistent with the rates of pay allowed for employees of a temporary organization under section 3161 of title 5, United States Code. (b) Not Federal employment Any individual employed under this Act shall not be considered a Federal employee for the purpose of any law governing Federal employment. (c) Technical assistance (1) In general Subject to paragraph (2), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. (2) Prohibition No Federal employees may be detailed to the Commission. 6. Administrative provisions (a) Compensation (1) In general A member of the Commission— (A) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (B) shall serve without pay. (2) Travel expenses A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (b) Gifts, bequests, devises The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. (c) Federal advisory committee act The Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). 7. Termination The Commission shall terminate on the date that is 30 days after the date on which the final versions of the reports required under section 4(a) are submitted. 8. Funding (a) In general The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. (b) Prohibition No Federal funds may be obligated to carry out this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr863ih/xml/BILLS-113hr863ih.xml

113-hr-864

I 113th CONGRESS 1st Session H. R. 864 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. McIntyre (for himself and Mr. Jones ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to designate at least one city in the United States each year as an American World War II City , and for other purposes. 1. Designation of American World War II Cities (a) In general The Secretary of Veterans Affairs shall at least designate one city in the United States each year as an American World War II City . (b) Criteria for designation After the designation made under subsection (c), the Secretary, in consultation with the Secretary of Defense, shall make each designation under subsection (a) based on the following criteria: (1) Contributions by a city to the war effort during World War II, including those related to defense manufacturing, bond drives, service in the Armed Forces, and the presence of military facilities within the city. (2) Efforts by a city to preserve the history of the city’s contributions during World War II, including through the establishment of preservation organizations or museums, restoration of World War II facilities, and recognition of World War II veterans. (c) First American World War II City The city of Wilmington, North Carolina, is designated as an American World War II City .

https://www.govinfo.gov/content/pkg/BILLS-113hr864ih/xml/BILLS-113hr864ih.xml

113-hr-865

I 113th CONGRESS 1st Session H. R. 865 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Nadler (for himself, Mr. Meeks , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the African Burial Ground International Memorial Museum and Educational Center in New York, New York, and for other purposes. 1. Short title This Act may be cited as the African Burial Ground International Memorial Museum and Educational Center Act . 2. Findings The Congress finds that— (1) the African Burial Ground National Historic Landmark in New York, New York, holds the remains of up to 20,000 enslaved Africans and early-generation African-Americans from the colonial era; (2) the Africans and African-Americans that suffered under slavery show us the strength of the human character and provide us with a model of courage, commitment, and perseverance; (3) as President George W. Bush stated on July 8, 2003, during his remarks at Goree Island, Senegal: “For 250 years the captives endured an assault on their culture and their dignity. The spirit of Africans in America did not break. … All the generations of oppression under the laws of man could not crush the hope of freedom and defeat the purposes of God.”; (4) on February 27, 2006, President George W. Bush established the National Monument, which was comprised of the approximately 15,000-square-foot parcel of the National Historic Landmark that was bounded by Duane and Elk Streets in Lower Manhattan; (5) an international memorial museum facility dedicated to those individuals who suffered the grave injustice of slavery in the United States, while at the same time helping to build the country, would— (A) reflect the significance of the African Burial Ground; and (B) help the people of the United States understand the past and honor the history of all people in the United States; (6) in 1998, the Secretary of the Smithsonian Institution— (A) stated that the African Burial Ground affords the perfect opportunity to gain insight into— (i) the institution of slavery, as practiced in urban, rural, northern, and southern parts of the United States; and (ii) the international slave trade; and (B) proposed that a partnership be formed among the Smithsonian, the National Park Service, and the General Services Administration to further develop the African Burial Ground; (7) the National Museum of African American History and Culture Act ( 20 U.S.C. 80r et seq. ), which authorized construction of a museum in Washington, DC, identified the period of slavery as one of the periods of the African-American diaspora that would be encompassed by the museum; (8) the African Burial Ground— (A) is unlike any other anthropological and symbolic site in the United States or the world; (B) includes DNA samples from the remarkably well-preserved human remains that will enable researchers to trace the home roots in Africa of those individuals buried at the African Burial Ground; and (C) provides a fitting location for a national memorial facility, relating to the National Museum of African American History and Culture that would— (i) pay special tribute to— (I) the thousands of enslaved individuals who are buried at the African Burial Ground; and (II) all of the individuals who were enslaved during the history of the United States; (ii) examine the African cultural traditions brought to the United States by the enslaved; and (iii) explore in-depth the institution of slavery; (9) a memorial museum at the site of the African Burial Ground— (A) was first recommended by a Federal steering committee in 1992; and (B) in conjunction with the planned World Trade Center memorial and other nearby sites, would attract millions of visitors from the United States and abroad, making a substantial contribution to the development and revitalization of Lower Manhattan in response to the attacks on the World Trade Center of September 11, 2001; (10) Public Law 99–511 (100 Stat. 2080) encouraged support for the establishment of a commemorative structure within the National Park System or on other Federal land that is dedicated to the promotion of understanding, knowledge, opportunity, and equality for all people; (11) similar to the National Museum of the Native American that was established by section 3(a) of the National Museum of the American Indian Act ( 20 U.S.C. 80q–1(a) ), a memorial museum at the site of the African Burial Ground would benefit from a partnership among— (A) the Federal Government; (B) the State of New York; (C) the city of New York; and (D) members of the private sector; (12) the African Burial Ground— (A) has been determined to be nationally significant as— (i) a National Historic Landmark; and (ii) a National Monument; and (B) provides an important opportunity for interpretation, understanding, partnership and pride; and (13) the National Park Service— (A) has played an important role in the development of the African Burial Ground (including the designation of the African Burial Ground as a National Monument); (B) successfully operates other national facilities in the city of New York that symbolize freedom and the quest for freedom in America, including— (i) the Statue of Liberty National Monument; and (ii) Ellis Island National Monument; (C) provided key support to the Presidential Study Commission for the National Museum of African American History and Culture; and (D) is well-suited to assume a leadership role with respect to the creation of the Museum. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the General Services Administration. (2) Advisory council The term Advisory Council means the African Burial Ground Advisory Council established by section 7(a). (3) City The term City means the city of New York, New York. (4) Expansion property The term expansion property means the property that is acquired by the Secretary under section 5(a). (5) Museum The term Museum means the African Burial Ground International Memorial Museum and Educational Center established by section 4(a). (6) National landmark The term National Landmark means the African Burial Ground National Historic Landmark in the City. (7) National monument The term National Monument means the African Burial Ground National Monument in the City. (8) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service. (9) State The term State means the State of New York. 4. Establishment of Museum (a) Establishment There is established at the National Monument a memorial museum and educational center, to be known as the African Burial Ground International Memorial Museum and Educational Center . (b) Purposes The purposes of the Museum are— (1) to serve as a permanent living memorial— (A) to the enslaved who are buried at the African Burial Ground; and (B) to other Africans and African-Americans who were enslaved; (2) to examine the African cultural traditions brought to the United States by the enslaved; (3) to explore in-depth the institution of slavery in the United States and other parts of the world; (4) to provide a space for— (A) permanent and temporary exhibits; and (B) the collection and study of artifacts and documents; and (5) to encourage collaboration between the Museum and the National Museum of African American History and Culture, other museums, historically Black colleges and universities, historical societies, educational institutions, and other appropriate entities and organizations, including collaboration with respect to— (A) the development of cooperative programs and exhibitions, including through digital, electronic, and interactive technologies; (B) the identification, management, and care of Museum collections; and (C) the training of Museum and National Park Service professionals and other persons concerned with heritage preservation. (c) Association with national museum The Museum shall become associated with the National Museum of African American History and Culture, in a manner to be determined by the Secretary, in consultation with the Advisory Council and the Board of Regents of the Smithsonian Institution. 5. Site acquisition and development (a) In general The Secretary, in consultation with the Administrator, the Secretary of the Smithsonian Institution, the City, the State, and the Advisory Council, shall— (1) acquire for the Museum property that is located— (A) adjacent to the National Monument; or (B) in any other area of the National Landmark other than the location described in subparagraph (A); and (2) plan, design, and construct the Museum on the property acquired under paragraph (1). (b) Federal share The Secretary shall pay 2/3 of the total costs of— (1) acquiring property for the Museum; and (2) planning, designing, constructing, reconstructing, and renovating, as applicable, the Museum. (c) Contracting authority (1) In general The Secretary and the Administrator may enter into any agreements with each other, the City, the State, and other parties that are necessary for the acquisition, by donation or other means, of property for— (A) establishing the Museum; and (B) planning, designing, constructing, reconstructing, and renovating, as applicable, the Museum. (2) Site acquisition The Secretary may acquire property under subsection (a)(1) by purchase, long-term lease, or any other appropriate means of acquisition, as determined by the Secretary. (d) Expansion of National Monument The expansion property is incorporated in, and shall be managed as part of, the National Monument. 6. Operation of the Museum (a) In general The Secretary, in consultation with the Advisory Council, shall operate the Museum. (b) Authorities The Secretary, in consultation with the Advisory Council, may— (1) purchase, accept, borrow, and otherwise acquire artifacts for the collections of the Museum; (2) loan, exchange, sell, and otherwise dispose of any part of the collections of the Museum, if the proceeds of the disposition are used for additions to the collections of the Museum; (3) specify criteria with respect to the use of the collections and resources of the Museum, including policies on programming, education, exhibitions, and research; (4) provide for preservation, restoration, and maintenance of the collections of the Museum; (5) solicit, accept, use, and dispose of gifts, bequests, and devises of real and personal property for the purpose of facilitating the work of the Museum; (6) contract with such parties as may be necessary to facilitate the operation of the Museum; (7) administer the National Monument as a unit of the National Park System in accordance with— (A) this Act; and (B) the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act ) ( 16 U.S.C. 1 et seq. ); and (8) conduct any other activities that are necessary to carry out the purposes of this Act. 7. Advisory council (a) Establishment There is established within the Department of the Interior an advisory council to be known as the African Burial Ground Advisory Council . (b) Membership (1) Composition The Advisory Council shall be composed of the following members or their designees: (A) The Secretary, who shall serve as Chairperson of the Advisory Council. (B) The Director of the National Park Service. (C) The Secretary of the Smithsonian Institution. (D) The Administrator. (E) The Governor of the State. (F) The Mayor of the City. (G) The President of the Borough of Manhattan. (H) Fourteen members, to be appointed by the Secretary, taking into consideration— (i) recommendations from organizations and entities that are committed to the legacy of the African Burial Ground; and (ii) recommendations from the members of the Advisory Council. (2) Nonvoting members The Secretary may appoint as nonvoting members of the Advisory Council— (A) members of the United States Senate; (B) members of the House of Representatives; (C) officials representing the City; (D) officials representing the State; and (E) any other individuals that the Secretary, in consultation with the members of the Advisory Council, determines to be appropriate. (3) Date of appointments The initial appointment of a member under paragraph (1) shall be made not later than 180 days after the date of enactment of this Act. (c) Terms (1) In general Except as provided in paragraph (2), each member of the Advisory Council shall be appointed for a term of 3 years. (2) Initial appointees Of the members first appointed under subsection (b)(1)(H)— (A) 5 members shall be appointed for a term of 1 year; (B) 5 members shall be appointed for a term of 2 years; and (C) 4 members shall be appointed for a term of 3 years. (3) Reappointment (A) In general A member of the Advisory Council may be reappointed, except that no individual may serve on the Advisory Council for a total of more than 2 terms. (B) Vacancy appointments For purposes of subparagraph (A), the number of terms an individual serves on the Advisory Council shall not include any portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B). (4) Vacancies (A) In general A vacancy on the Advisory Council— (i) shall not affect the powers of the Advisory Council; and (ii) shall be filled in the same manner as the original appointment was made. (B) Term Any member of the Advisory Council appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term. (d) Duties The Advisory Council shall— (1) make recommendations to the Secretary on the planning, design, and construction of the Museum; (2) advise and assist the Secretary on all matters relating to the administration, operation, maintenance, and preservation of the Museum; (3) provide significant opportunities for public input with respect to carrying out the duties under paragraphs (1) and (2); and (4) adopt bylaws for the operation of the Advisory Council. (e) Compensation (1) In general Except as provided in paragraph (2), a member of the Advisory Council shall serve without compensation. (2) Travel expenses A member of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Advisory Council. (f) Meetings (1) In general The Advisory Council shall meet at the call of the chairperson or on the written request of a majority of the members of the Advisory Council, but not fewer than 2 times each year. (2) Initial meetings During the 1-year period beginning on the date of the first meeting of the Advisory Council, the Advisory Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Advisory Council. (g) Quorum A majority of the members of the Advisory Council shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Advisory Council. 8. Director and staff (a) Director (1) In general The Secretary shall appoint a Director for the Museum, taking into consideration recommendations by the Advisory Council. (2) Duties The Director of the Museum shall manage the Museum, in accordance with any policies established by the Secretary, in consultation with the Advisory Council. (b) Staff (1) Appointment The Secretary may, without regard to the civil service laws, appoint 2 employees to assist the Director of the Museum in carrying out the duties of the Director. (2) Compensation The employees appointed under subsection (b) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code. 9. Authorization of appropriations (a) In general Except as provided in subsection (b), there are authorized to be appropriated to the Secretary to carry out this Act— (1) $15,000,000 for fiscal year 2014; and (2) such sums as are necessary for each fiscal year thereafter. (b) Acquisition of museum site There are authorized to be appropriated such sums as are necessary to carry out section 5. (c) Availability Amounts made available under subsections (a) and (b) shall remain available, without fiscal year limitation, until expended. (d) Use of funds for fund-Raising Amounts made available under this section may be used to raise funds from private sources to support and promote the Museum.

https://www.govinfo.gov/content/pkg/BILLS-113hr865ih/xml/BILLS-113hr865ih.xml

113-hr-866

I 113th CONGRESS 1st Session H. R. 866 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a grant program to assist States to establish universal prekindergarten in public schools and public charter schools. 1. Short title This Act may be cited as the Universal Prekindergarten and Early Childhood Education Act of 2013. 2. Universal Prekindergarten and Early Childhood Education grant program (a) Program authorization From amounts appropriated under section 3, the Secretary of Education is authorized to award grants, on a competitive basis, to States to pay the Federal share of carrying out full-day prekindergarten programs. (b) State application To receive a grant under this Act, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds A State that receives a grant under this Act shall use such grant funds to carry out a prekindergarten program that, at a minimum— (1) is located at a public school in the State; (2) permits each 4-year old child in the State to be voluntarily enrolled by the child’s parent, regardless of income, in the program at a school in which the child may be enrolled for kindergarten; (3) is a full-day program that runs the length of the regular school year; (4) is taught by teachers who possess equivalent or similar qualifications to the qualifications of teachers of other grades in the school involved; and (5) meets any other criteria that the Secretary may require. (d) Federal share The Federal share of a grant under this Act shall be not more than 80 percent of the costs of carrying out the activities described in subsection (c). (e) Supplement not supplant Grant funds received under this Act shall be used to supplement and not supplant other Federal early childhood education funds in the State. 3. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as are necessary for fiscal years 2014 through 2019. 4. Definitions In this Act: (1) Full-day The term full-day used with respect to a program, means a program with a minimum of a 6-hour schedule per day. (2) Secretary The term Secretary means the Secretary of Education. (3) State The term State has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Parent The term parent has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) Public school The term public school has the meaning given the term elementary school or secondary school in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), except that the term does not include private schools.

https://www.govinfo.gov/content/pkg/BILLS-113hr866ih/xml/BILLS-113hr866ih.xml

113-hr-867

I 113th CONGRESS 1st Session H. R. 867 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Paulsen (for himself and Mr. Kline ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit and deter the theft of metal, and for other purposes. 1. Short title This Act may be cited as the Metal Theft Prevention Act of 2013 . 2. Definitions In this Act— (1) the term critical infrastructure has the meaning given the term in section 1016(e) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)); (2) the term specified metal means metal that— (A) (i) is marked with the name, logo, or initials of a city, county, State, or Federal government entity, a railroad, an electric, gas, or water company, a telephone company, a cable company, a retail establishment, or a public utility; or (ii) has been altered in such a manner that a recycling agent would have a reasonable basis to believe that such alteration was made for the purpose of removing, concealing, or obliterating a name, logo, or initials described in clause (i) through burning or cutting of wire sheathing or other means; or (B) is part of— (i) a street light pole or fixture; (ii) a road or bridge guard rail; (iii) a highway or street sign; (iv) a water meter cover; (v) a storm water grate; (vi) unused or undamaged building construction or utility material; (vii) a historical marker; (viii) a grave marker or cemetery urn; (ix) a utility access cover; or (x) a container used to transport or store beer with a capacity of 7.75 gallons or more; (C) is a wire or cable commonly used by communications and electrical utilities; or (D) is copper, aluminum, and other metal (including any metal combined with other materials) that is valuable for recycling or reuse as raw metal, except for aluminum cans; and (3) the term recycling agent means any person engaged in the business of purchasing specified metal for reuse or recycling, without regard to whether that person is engaged in the business of recycling or otherwise processing the purchased specified metal for reuse. 3. Theft of specified metal (a) Offense It shall be unlawful to steal specified metal— (1) being used in or affecting interstate or foreign commerce; and (2) the theft of which harms critical infrastructure, including metal used as part of an electrical substation, power line, cellular tower, telephone land line, highway equipment and facilities, railroad equipment and facilities, water well, reservoir, or sewage line. (b) Penalty Any person who commits an offense described in subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. 4. Documentation of ownership or authority to sell (a) Offenses (1) In general Except as provided in paragraph (2), it shall be unlawful for a recycling agent to purchase specified metal described in subparagraph (A) or (B) of section 2(2), unless— (A) the seller, at the time of the transaction, provides documentation of ownership of, or other proof of the authority of the seller to sell, the specified metal; and (B) there is a reasonable basis to believe that the documentation or other proof of authority provided under subparagraph (A) is valid. (2) Exception Paragraph (1) shall not apply to a recycling agent that is subject to a State or local law that sets forth a requirement on recycling agents to obtain documentation of ownership or proof of authority to sell specified metal before purchasing specified metal. (3) Responsibility of recycling agent A recycling agent is not required to independently verify the validity of the documentation or other proof of authority described in paragraph (1). (4) Purchase of stolen metal It shall be unlawful for a recycling agent to purchase any specified metal that the recycling agent knows, or has a reasonable basis to believe, to be stolen. (b) Civil penalty A person who knowingly violates subsection (a) shall be subject to a civil penalty of not more than $10,000 for each violation. 5. Transaction requirements (a) Recording requirements (1) In general Except as provided in paragraph (2), a recycling agent shall maintain a written or electronic record of each purchase of specified metal. (2) Exception Paragraph (1) shall not apply to a recycling agent that is subject to a State or local law that sets forth recording requirements that are substantially similar to the requirements described in paragraph (3) for the purchase of specified metal. (3) Contents A record under paragraph (1) shall include— (A) the name and address of the recycling agent; and (B) for each purchase of specified metal— (i) the date of the transaction; (ii) a description of the specified metal purchased using widely used and accepted industry terminology; (iii) the amount paid by the recycling agent; (iv) the name and address of the person to which the payment was made; (v) the name of the person delivering the specified metal to the recycling agent, including a distinctive number from a Federal or State government-issued photo identification card and a description of the type of the identification; and (vi) the license plate number and State-of-issue, make, and model, if available, of the vehicle used to deliver the specified metal to the recycling agent. (4) Repeat sellers A recycling agent may comply with the requirements of this subsection with respect to a purchase of specified metal from a person from which the recycling agent has previously purchased specified metal by— (A) reference to the existing record relating to the seller; and (B) recording any information for the transaction that is different from the record relating to the previous purchase from that person. (5) Record retention period A recycling agent shall maintain any record required under this subsection for not less than 2 years after the date of the transaction to which the record relates. (6) Confidentiality (A) Recycling agents A recycling agent cannot be required to provide any information collected or retained under this subsection to any person other than a law enforcement agency with jurisdiction over the recycling agent, unless acting pursuant a court order. (B) Other persons Any person other than a recycling agent who receives information collected or retained under this subsection from a recycling agent may not provide such information to any person other than a law enforcement agency with jurisdiction over the recycling agent, unless acting pursuant a court order. (b) Purchases in excess of $100 (1) In general Except as provided in paragraph (2), a recycling agent may not pay cash for a single purchase of specified metal of more than $100. For purposes of this paragraph, more than 1 purchase in any 48-hour period from the same seller shall be considered to be a single purchase. (2) Exception Paragraph (1) shall not apply to a recycling agent that is subject to a State or local law that sets forth a maximum amount for cash payments for the purchase of specified metal. (3) Payment method (A) Occasional sellers Except as provided in subparagraph (B), for any purchase of specified metal of more than $100 a recycling agent shall make payment by check that— (i) is payable to the seller; and (ii) includes the name and address of the seller. (B) Established commercial transactions A recycling agent may make payments for a purchase of specified metal of more than $100 from a governmental or commercial supplier of specified metal with which the recycling agent has an established commercial relationship by electronic funds transfer or other established commercial transaction payment method through a commercial bank if the recycling agent maintains a written record of the payment that identifies the seller, the amount paid, and the date of the purchase. (c) Civil penalty A person who knowingly violates subsection (a) or (b) shall be subject to a civil penalty of not more than $10,000 for each violation. 6. Enforcement by Attorney General The Attorney General may bring an enforcement action in an appropriate United States district court against any person that engages in conduct that violates this Act. 7. Enforcement by State attorneys general (a) In general An attorney general or equivalent regulator of a State may bring a civil action in the name of the State, as parens patriae on behalf of natural persons residing in the State, in any district court of the United States or other competent court having jurisdiction over the defendant, to secure monetary or equitable relief for a violation of this Act. (b) Notice required Not later than 30 days before the date on which an action under subsection (a) is filed, the attorney general or equivalent regulator of the State involved shall provide to the Attorney General— (1) written notice of the action; and (2) a copy of the complaint for the action. (c) Attorney general action Upon receiving notice under subsection (b), the Attorney General shall have the right— (1) to intervene in the action; (2) upon so intervening, to be heard on all matters arising therein; (3) to remove the action to an appropriate district court of the United States; and (4) to file petitions for appeal. (d) Pending Federal proceedings If a civil action has been instituted by the Attorney General for a violation of this Act, no State may, during the pendency of the action instituted by the Attorney General, institute a civil action under this Act against any defendant named in the complaint in the civil action for any violation alleged in the complaint. (e) Construction For purposes of bringing a civil action under subsection (a), nothing in this section regarding notification shall be construed to prevent the attorney general or equivalent regulator of the State from exercising any powers conferred under the laws of that State to— (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. 8. Directive to sentencing commission (a) In general Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission, shall review and, if appropriate, amend the Federal Sentencing Guidelines and policy statements applicable to a person convicted of a criminal violation of section 3 of this Act or any other Federal criminal law based on the theft of specified metal by such person. (b) Considerations In carrying out this section, the Sentencing Commission shall— (1) ensure that the sentencing guidelines and policy statements reflect the— (A) serious nature of the theft of specified metal; and (B) need for an effective deterrent and appropriate punishment to prevent such theft; (2) consider the extent to which the guidelines and policy statements appropriately account for— (A) the potential and actual harm to the public from the offense, including any damage to critical infrastructure; (B) the amount of loss, or the costs associated with replacement or repair, attributable to the offense; (C) the level of sophistication and planning involved in the offense; and (D) whether the offense was intended to or had the effect of creating a threat to public health or safety, injury to another person, or death; (3) account for any additional aggravating or mitigating circumstances that may justify exceptions to the generally applicable sentencing ranges; (4) assure reasonable consistency with other relevant directives and with other sentencing guidelines and policy statements; and (5) assure that the sentencing guidelines and policy statements adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. 9. State and local law not preempted Nothing in this Act shall be construed to preempt any State or local law regulating the sale or purchase of specified metal. 10. Effective date This Act shall take effect 180 days after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr867ih/xml/BILLS-113hr867ih.xml

113-hr-868

I 113th CONGRESS 1st Session H. R. 868 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Payne (for himself, Ms. Norton , and Mr. Clay ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To authorize the Director of the Bureau of Justice Assistance to make grants to States, units of local government, and gun dealers to conduct gun buyback programs. 1. Short title This Act may be cited as the Safer Neighborhoods Gun Buyback Act of 2013 . 2. Program Authorized (a) In general The Director of the Bureau of Justice Assistance (referred to in this Act as the Director ) may make grants to eligible entities to conduct gun buyback programs. (b) Eligible entity defined In this Act, the term eligible entity means— (1) a State; (2) a unit of local government; or (3) a gun dealer if neither the unit of local government nor the State where such dealer is located receives a grant under this Act. 3. Applications (a) Grants The chief executive of an eligible entity seeking a grant under this Act shall submit an application to the Director at such time and containing such information as the Director may reasonably require. (b) Subgrants A gun dealer located in a unit of local government or State that does receive a grant under this Act seeking a subgrant shall submit an application to the chief executive of such unit of local government or State at such time and containing such information as the chief executive may reasonably require, including proof of such dealer’s license under section 923 of title 18, United States Code. 4. Term of grant (a) Term The term of a grant awarded under this Act shall be two years. (b) Availability of grant funds (1) Gun dealers A gun dealer that receives a grant or subgrant under this Act shall return to the Director any remaining smart prepaid cards and any unused portion of such grant or subgrant that was allocated to be used to buy back guns— (A) in the case of a gun dealer receiving a grant, at the end of the two-year period beginning on the date that the grant was awarded; or (B) in the case of a gun dealer receiving a subgrant, at the end of the two-year period beginning on the date that the grant was awarded to the State or unit of local government from which the gun dealer received a subgrant. (2) States or units of local government A State of unit of local government that receives a grant under this Act shall return to the Director any unused portion of such grant at the end of the two-year and 270-day period beginning on the date that the grant was awarded. (c) Amounts returned The Director shall return to the general fund of the Treasury any amounts returned under subsection (b). 5. Smart prepaid cards (a) In general In conducting the grant program authorized under section 2, the Director may reserve such funds as may be necessary to acquire and distribute smart prepaid cards to eligible entities that receive grants under this Act. The Director shall distribute the smart prepaid cards without any funds loaded onto the cards. (b) Market value of guns The Director shall determine the market value of each gun listed in section 7(2) and make such information publicly available. (c) Prohibition on use of cards To buy guns (1) In general A person may not use a smart prepaid card to buy a gun or ammunition, and a merchant may not accept a smart prepaid card to sell a gun or ammunition. (2) Penalty A merchant that violates paragraph (1) shall pay to the Director an amount that is equal to the value of the prohibited sale. 6. Uses of funds (a) States and units of local government A State or unit of local government receiving a grant under this Act shall use such funds to do the following: (1) Subgrants to gun dealers Distribute not less than 80 percent of such funds in the form of subgrants to gun dealers in such State or unit of local government to conduct gun buyback programs. (2) Distribute smart prepaid cards Distribute the smart prepaid cards such State or unit of local government receives to gun dealers receiving subgrants. (3) Gun recycling program Use 10 percent of such funds to recycle the guns that such State or unit of local government receives from gun dealers to make street signs, energy efficient washing machines, car parts, energy efficient refrigerators, or other steel parts such as railroad or metro tracks. (4) Administrative costs Use not more than 10 percent of such funds for the administrative costs of carrying out the grant program under this Act. (b) Gun dealers (1) In general A gun dealer receiving a grant or subgrant under this Act shall use such funds to conduct a gun buyback program. (2) Smart prepaid card amounts (A) In order to purchase a gun through a gun buyback program, a gun dealer shall load onto a smart prepaid card 125 percent of the market value of the gun that the individual wishes to dispose of (as determined by the Director under section 5(b)). (B) A gun dealer may increase the purchase price of a gun and load an amount onto a smart prepaid card that is greater than 125 percent of the market value of the gun if the gun dealer determines that the gun has been altered in a way that would increase the market value of the gun (such as an altered grip, or the addition of a scope). (3) Guns received (A) In the case of a gun dealer receiving a grant under this Act, the gun dealer shall deliver a gun the dealer receives under the gun buyback program to the closest office of the Bureau of Alcohol, Tobacco, Firearms and Explosives not later than 60 days after receiving such gun. (B) In the case of a gun dealer receiving a subgrant under this Act, the gun dealer shall deliver a gun the dealer receives under the gun buyback program to the State or unit of local government from which it receives the subgrant not later than 60 days after receiving such gun. (c) Incentives for gun dealer participation To the extent that the Director determines necessary to facilitate participation of gun dealers in the gun buyback program, grant funds may be used to provide monetary or other incentives to gun dealers to participate in such program. For purposes of subsection (a), any such incentives shall be treated as part of the subgrant to the gun dealer described in paragraph (1) thereof. 7. Definitions In this Act: (1) Gun The term gun means firearm as defined in section 921(a)(3) of title 18, United States Code. (2) Gun buyback program The term gun buyback program means a program under which a gun dealer, using smart prepaid cards as described in section 6(b)(2), purchases back from individuals wishing to dispose of them, the following guns: (A) Smith and Wesson .38 revolver. (B) Smith and Wesson .40 semiautomatic pistol. (C) Haskell Hi-Point JHP 45 semiautomatic pistol. (D) Iberia Firearm JCP40 pistol. (E) Ruger 9 mm semiautomatic pistol. (F) Hi-Point CF380 .380 semiautomatic pistol. (G) Raven Arms .25 semiautomatic pistol. (H) Mossberg 12 gauge shotgun. (I) Smith and Wesson 9mm semiautomatic pistol. (J) Smith and Wesson .357 revolver. (K) Bryco Arms 9mm semiautomatic pistol. (L) Bryco Arms .380 semiautomatic pistol. (M) Davis Industries .380 semiautomatic pistol. (N) Cobra FS380 .38 semiautomatic pistol. (3) Gun dealer The term gun dealer means a dealer of firearms licensed under section 923 of title 18, United States Code. (4) Smart prepaid card The term smart prepaid card means a card issued by the Director that— (A) is redeemable at multiple, unaffiliated merchants or service providers; (B) contains a mechanism, for the purpose of preventing the card-holder from using it to purchase a gun or ammunition, that recognizes the merchant category code of a merchant and prohibits the use of such card at gun stores and pawn shops; (C) is honored, upon presentation, by merchants for goods or services, except for merchants described in subparagraph (B); (D) is loaded on a prepaid basis by a gun dealer for use in a gun buyback program; and (E) clearly and conspicuously bears the words THIS CARD MAY NOT BE USED TO PURCHASE A GUN OR AMMUNITION in capital and raised letters on the card. (5) State The term State means each of the 50 States and the District of Columbia. 8. Authorization of appropriations There is authorized to be appropriated $360,000,000 for each of fiscal years 2014 through 2016 to carry out this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr868ih/xml/BILLS-113hr868ih.xml

113-hr-869

I 113th CONGRESS 1st Session H. R. 869 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Pitts (for himself and Mr. Carney ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate additional segments and tributaries of White Clay Creek, in the States of Delaware and Pennsylvania, as a component of the National Wild and Scenic Rivers System. 1. Short title This Act may be cited as the White Clay Creek Wild and Scenic River Expansion Act of 2013 . 2. Designation of segments of White Clay Creek, as scenic and recreational rivers Section 3(a)(163) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(163) ) is amended— (1) in the matter preceding subparagraph (A)— (A) by striking 190 miles and inserting 199 miles ; and (B) by striking the recommended designation and classification maps (dated June 2000) and inserting the map entitled ‘White Clay Creek Wild and Scenic River Designated Area Map’ and dated July 2008, the map entitled ‘White Clay Creek Wild and Scenic River Classification Map’ and dated July 2008, and the map entitled ‘White Clay Creek National Wild and Scenic River Proposed Additional Designated Segments—July 2008’ ; (2) by striking subparagraph (B) and inserting the following: (B) 22.4 miles of the east branch beginning at the southern boundary line of the Borough of Avondale, including Walnut Run, Broad Run, and Egypt Run, outside the boundaries of the White Clay Creek Preserve, as a recreational river. ; and (3) by striking subparagraph (H) and inserting the following: (H) 14.3 miles of the main stem, including Lamborn Run, that flow through the boundaries of the White Clay Creek Preserve, Pennsylvania and Delaware, and White Clay Creek State Park, Delaware, beginning at the confluence of the east and middle branches in London Britain Township, Pennsylvania, downstream to the northern boundary line of the City of Newark, Delaware, as a scenic river. . 3. Administration of White Clay Creek Sections 4 through 8 of Public Law 106–357 ( 16 U.S.C. 1274 note; 114 Stat. 1393), shall be applicable to the additional segments of the White Clay Creek designated by the amendments made by section 2.

https://www.govinfo.gov/content/pkg/BILLS-113hr869ih/xml/BILLS-113hr869ih.xml

113-hr-870

I 113th CONGRESS 1st Session H. R. 870 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Conyers (for himself, Ms. Chu , Mr. Clay , Mr. McDermott , Mr. Danny K. Davis of Illinois , Mr. Ellison , Ms. Brown of Florida , Mr. Cummings , Ms. Edwards , Ms. Eddie Bernice Johnson of Texas , Ms. Lee of California , Mr. Grijalva , Mr. Hastings of Florida , Mr. Holt , Mr. Cohen , and Ms. Fudge ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the National Full Employment Trust Fund to create employment opportunities for the unemployed. 1. Short title This Act shall be cited as the Humphrey-Hawkins 21st Century Full Employment and Training Act of 2013 . 2. Definitions In this Act the following definitions apply: (1) Indian tribe The term Indian tribe has the meaning given such term in section 102(17) of the Housing and Community Development Act ( 42 U.S.C. 5302(17) ). (2) Secretary The term Secretary means the Secretary of Labor. (3) Small business The term small business has the meaning given the term small business concern under section 3 of the Small Business Act (15 U.S.C. 632). (4) State The term State has the meaning given such term in section 102(2) of the Housing and Community Development Act ( 42 U.S.C. 5302(2) ). (5) Trust fund The term Trust Fund refers to the Full Employment Trust Fund established under section 3. (6) Unit of general local government The term unit of general local government has the meaning given such term in section 102(1) of the Housing and Community Development Act (42 U.S.C. 5302(1)). (7) Urban county The term urban county has the meaning given such term in section 102(6) of the Housing and Community Development Act ( 42 U.S.C. 5302(6) ). 3. Establishment Of Full Employment National Trust Fund (a) In general The Secretary shall establish a Full Employment National Trust Fund (in this Act referred to as the Trust Fund ) for the purposes of— (1) providing funding for the Employment Opportunity Grants established in section 4; and (2) issuing funds to the Secretary to fund the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). (b) Financing the Trust Fund Subject to the availability of appropriations for this purpose, the Secretary of the Treasury shall annually make available to the Secretary of Labor for deposit into the Trust Fund an amount equal to the amount collected for that year through the tax described in section 4475 of the Internal Revenue Code of 1986, as added by section 7. (c) Separate Trust Fund Accounts The Trust Fund shall consist of 2 separate accounts as follows: (1) One account shall consist of 67 percent of the funds made available for deposit under subsection (b) and shall be for the Employment Opportunity Grants established in section 4. (2) The other account shall consist of 33 percent of the funds made available for deposit under subsection (b) and shall be available to the Secretary to fund programs under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). (d) Web Site The Secretary shall establish an Internet Web site to serve as an information clearinghouse for job training and employment opportunities funded by the Trust Fund. (e) Training stipend The Secretary shall promulgate regulations to encourage entities that receive funds under programs under the Workforce Investment Act of 1998 ( 20 U.S.C. 2801 et seq. ) that are funded by the account described in subsection (c)(2) to, whenever possible, establish a training stipend for individuals who participate in such programs. 4. Employment opportunity grants to States, local government, and Indian tribes (a) Employment grants contingent on level of unemployment Subject to the availability of funds in the Trust Fund for activities under this section, if, at the beginning of a fiscal year, the economy is not at a level of full employment, as determined by the Chairman of the Federal Reserve Board, the Secretary shall make grants for such fiscal year, in amounts totaling 90 percent of such funds available, to States, units of general local government, and Indian tribes to carry out activities in accordance with this section. (b) Purpose Grants made under this section shall be for creating employment opportunities for unemployed and underemployed residents of distressed communities in activities designed to address community needs and reduce disparities in health, housing, education, job readiness, and public infrastructure that have impeded these communities from realizing their full economic potential. (c) Use of funds A recipient of a grant under this section shall use the grant for the following purposes: (1) During the initial 9-month period in which grants are made under this section, each grant shall be used only to fund the following types of fast-track job placements: (A) The painting and repair of schools, community centers, and libraries. (B) The restoration and revitalization of abandoned and vacant properties to alleviate blight in distressed and foreclosure-affected areas of a unit of general local government. (C) The expansion of emergency food programs to reduce hunger and promote family stability. (D) The augmentation of staffing in Head Start, child care, and other early childhood education programs to promote school readiness and early literacy. (E) The renovation and enhancement of maintenance of parks, playgrounds, and other public spaces. (2) Following the 9-month period described in paragraph (1), a recipient of a grant may use the remaining amount of the grant to assist public entities, nonprofit community-based organizations, public-private partnerships, or small businesses to create opportunities for employment in the following areas: (A) Construction, re-construction, rehabilitation, and site improvements of residences or public facilities, including improvements in the energy efficiency or environmental quality of such public facilities or residences. (B) Provision of human services, including child care services, health care services, education, or recreational programs. (C) The remediation and demolition of vacant and abandoned properties to eliminate blight. (D) Programs that provide disadvantaged youth with opportunities for employment, education, leadership development, entrepreneurial skills development, and training. (3) Providing supplemental labor for existing federally or State-funded infrastructure projects. (4) Providing supplemental labor for existing federally or State-funded projects aimed at expanding access to broadband or wireless Internet service. (d) Consultation required Each grant recipient shall consult with community leaders, including labor organizations, nonprofit community-based organizations, local government officials, and local residents to— (1) assess the needs of the community served by the grant recipient; (2) determine sectors of the local economy that are in need of employees; (3) make recommendations for new employment opportunities in the areas described in paragraph (3); and (4) assess the effectiveness of job placements made under paragraph (1). (e) Conditions As a condition of receiving a grant under this section, a grant recipient shall— (1) agree to comply with the nondiscrimination policy set forth under section 109 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5309 ); (2) allocate not less than 80 percent of the funding allocated to each project funded under the grant to wages, benefits, and support services, including child care services, for individuals employed on such project; (3) ensure that employment on any project funded under the grant is carried out in accordance with subsection (c); (4) institute an outreach program with community organizations and service providers in low-income communities to provide information about placements funded under the grant to individuals suited to perform community infrastructure work; and (5) ensure that not less than 35 percent of individuals employed under the grant are individuals described in paragraph (4)(B) of subsection (f). (f) Employment described Employment funded under this section shall meet the following specifications: (1) Any employer that employs an individual whose employment is funded under the grant shall— (A) employ such individual for not less than 12 months; (B) employ such individual for not less than 30 hours per week; (C) comply with responsible contractor standards, as determined by the relevant official in the unit of local general government; (D) provide compensation to such individual equal to that which is paid to employees who have been employed to perform similar work prior to the date such individual was hired; and (E) if such employment is in construction, provide compensation to any laborer or mechanic employed under the grant at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (2) No individual whose employment is funded under the grant may work for an employer at which a collective bargaining agreement is in effect covering the same or similar work, unless— (A) the consent of the union at such employer is obtained; and (B) negotiations have taken place between such union and the employer as to the terms and conditions of such employment. (3) An individual whose employment is funded under this Act may not displace other employees whose employment is not funded under this Act. A grant recipient under this Act may not hire an employee or employees with funds under this Act for any employment which the grant recipient would otherwise hire an employee who has been furloughed. (4) An individual whose employment is funded under this Act shall be— (A) unemployed for not less than 26 weeks prior to the receipt of the grant, as verified by the State or local department of labor, department of welfare, or similar office charged with maintaining records of unemployment; or (B) unemployed for not less than 30 days prior to the receipt of the grant and be a low-income individual who is a member of a targeted group (as defined by section 51(d) of the Internal Revenue Code of 1986) as verified by the State or local department of labor, department of welfare, or similar office charged with maintaining records of unemployment. For purposes of subparagraph (B), the hiring date (as defined in section 51(d)(11) of such Code) shall be the hiring date by an employer who receives a grant pursuant to this section. (g) Award of Grants (1) Selection criteria In selecting a project to receive funding for employing the individuals described in subsection (f)(4), a grant recipient shall consider— (A) the input of all participants in a proposed project, including labor organizations, community organizations, and employers; (B) the needs of the community intended to benefit from such project; (C) the long-term goals and short-term objectives to address such needs; and (D) any recommendations for programs and activities developed to meet such needs. (2) Priority given to certain projects A grant recipient under this section shall give priority to projects that— (A) serve areas with the greatest level of economic need, determined for each such area by— (i) the unemployment rate; (ii) the rate of poverty; (iii) the number of census tracts with concentrated poverty; (iv) the lowest median income; (v) the percentage of vacant and abandoned properties; (vi) the percentage of home foreclosures; and (vii) the indicators of poor resident health, including high rates of chronic disease, infant mortality, and life expectancy; (B) integrate education and job skills training, including basic skills instruction and secondary education services; (C) coordinate to the maximum extent feasible with pre-apprenticeship and apprenticeship programs; and (D) provide jobs in sectors where job growth is most likely, as determined by the Secretary, and in which career advancement opportunities exist to maximize long-term, sustainable employment for individuals after employment funded under this Act ends. (h) Allocation of Grants (1) Grants for Indian tribes and deposits into discretionary fund Not more than 5 percent of the funds available in the Trust Fund for activities under this section for any fiscal year shall be reserved for grants to Indian tribes and for deposit into a discretionary fund established by the Secretary for national demonstration projects and multi-jurisdictional projects. (2) Grants to states Not more than 30 percent of the funds available in the Trust Fund for activities under this section for any fiscal year shall be allocated to States to distribute to units of general local government that do not qualify for funds under paragraph (3). (3) Grants to units of general local government Grant funds that are not reserved under paragraphs (1) and (2) shall be allocated to metropolitan cities and urban counties using the formula under section 106(b) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(b) ). (i) Reports (1) Reports by grant recipients Not later than 90 days after the last day of each fiscal year in which assistance under this section is furnished, a recipient of a grant under this section shall submit to the Secretary a report containing the following: (A) A description of the progress made in accomplishing the objectives of this chapter. (B) A summary of the use of the grant during the preceding fiscal year. (C) For units of general local government, a listing of each entity receiving funds and the amount of such grants, as well as a brief summary of the projects funded for each such unit, the extent of financial participation by other public or private entities, and the impact on employment and economic activity of such projects during the previous fiscal year. (D) For States, a listing of each unit of general local government receiving funds and the amount of such grants, as well as a brief summary of the projects funded for each such unit, the extent of financial participation by other public or private entities, and the impact on employment and economic activity of such projects during the previous fiscal year. (E) The amount of money received and expended during the fiscal year. (F) The number of individuals assisted under the grant whose household income is low-income, very low-income, or extremely low-income (as such terms are used for purposes of the Housing Act of 1937 and the regulations thereunder (42 U.S.C. 1437 et seq.)). (G) The amount expended on administrative costs during the fiscal year. (2) Report to Congress At least once every 6 months, the Secretary shall submit to Congress a report on the use of grants awarded under this section and any progress in job creation. 5. National Employment Conference (a) In general The Secretary shall convene a national employment conference not later than 1 year after the date of enactment of this Act, to bring together leaders of small, medium, and large businesses, labor, government, and all other interested parties. (b) Subject The subject of the conference shall be employment, with particular attention to structural unemployment and the plight of disadvantaged youth. The conference shall also focus on issues such as adequate and effective incentives for employers to hire the long-term unemployed. 6. Inclusion of minority-serving, community-based organizations in WIA State and local workforce investment Boards (a) State Boards Section 111(b)(1)(C)(v) of the Workforce Investment Act of 1998 (29 U.S.C. 2821(b)(1)(C)(v)) is amended by inserting before the semicolon (including not less than 25 percent of the chief executive officers of minority-serving, community-based organizations) . (b) Local Boards Section 117(b)(2)(A)(iv) of such Act ( 29 U.S.C. 2832(b)(2)(A)(iv) ) is amended by inserting , and not less than 25 percent of the chief executive officers of minority-serving, community-based organizations after present . 7. Tax on securities transactions (a) In general Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: C Tax on securities transactions Sec. 4475. Tax on securities transactions. 4475. Tax on securities transactions (a) Imposition of tax There is hereby imposed a tax on each covered securities transaction an amount equal to 0.25 percent of the value of the security involved in such transaction. (b) By whom paid The tax imposed by this section shall be paid by the trading facility on which the transaction occurs. (c) Covered securities transaction The term covered securities transaction means— (1) any transaction to which subsection (b), (c), or (d) of section 31 of the Securities Exchange Act of 1934 applies, and (2) any transaction subject to the exclusive jurisdiction of the Commodity Futures Trading Commission. (d) Administration The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. . (b) Clerical amendment The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: Subchapter C. Tax on securities transactions. . (c) Effective date The amendments made by this subsection shall apply to sales occurring more than 30 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr870ih/xml/BILLS-113hr870ih.xml

113-hr-871

I 113th CONGRESS 1st Session H. R. 871 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Rangel introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To allow travel between the United States and Cuba. 1. Short title This Act may be cited as the Export Freedom to Cuba Act of 2013 . 2. Travel to Cuba (a) Freedom of travel for United States citizens and legal residents Subject to section 3, the President shall not regulate or prohibit, directly or indirectly, travel to or from Cuba by United States citizens or legal residents, or any of the transactions incident to such travel as specified in subsection (b). The President shall rescind all regulations in effect on the date of the enactment of this Act that so regulate or prohibit such travel or transactions. (b) Transactions incident to travel (1) In general Except as provided in paragraph (2), the transactions referred to in subsection (a) are— (A) any transactions ordinarily incident to travel to or from Cuba, including the importation into Cuba or the United States of accompanied baggage for personal use only; (B) any transactions ordinarily incident to travel or maintenance within Cuba, including the payment of living expenses and the acquisition of goods or services for personal use; (C) any transactions ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within Cuba; (D) any transactions incident to nonscheduled air, sea, or land voyages, except that this paragraph does not authorize the carriage of articles into Cuba or the United States except accompanied baggage; and (E) normal banking transactions incident to the activities described in the preceding provisions of this subsection, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, or similar instruments. (2) Prohibition Nothing in this section shall be construed as authorizing the importation into the United States of any goods for personal consumption acquired in Cuba. 3. Exception The restrictions on authority described in section 2 shall not apply in a case in which— (1) the United States is at war with Cuba; (2) armed hostilities between the two countries are in progress; or (3) there is imminent danger to the public health or the physical safety of United States travelers. 4. Applicability This Act applies to actions taken by the President before the date of the enactment of this Act which are in effect on such date, and to actions taken on or after such date. 5. Inapplicability of other provisions This Act applies notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6032(h) ) and section 910(b) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209(b)).

https://www.govinfo.gov/content/pkg/BILLS-113hr871ih/xml/BILLS-113hr871ih.xml

113-hr-872

I 113th CONGRESS 1st Session H. R. 872 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Rangel introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Ways and Means , Energy and Commerce , the Judiciary , Financial Services , Oversight and Government Reform , and Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To lift the trade embargo on Cuba, and for other purposes. 1. Short title This Act may be cited as the Free Trade With Cuba Act . 2. Findings The Congress finds that— (1) with the end of the Cold War and the collapse of the Soviet Union, Cuba is no longer a threat to the United States or the Western Hemisphere; (2) the continuation of the embargo on trade between the United States and Cuba that was declared in February of 1962 is counterproductive, adding to the hardships of the Cuban people while making the United States the scapegoat for the failures of the communist system; (3) in the countries of the former Soviet Union and the former Eastern bloc, China, and Vietnam, the United States is using economic, cultural, academic, and scientific engagement to support its policy of promoting democratic and human rights reforms; and (4) the United States can best support democratic change in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges. 3. Removal of provisions restricting trade and other relations with Cuba (a) Authority for Embargo and Sugar Quota Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law (1) Removal of prohibitions Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) shall cease to be effective on such effective date. (2) Authority for new restrictions The President may, on and after the effective date of this Act— (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act); and (B) exercise the authorities the President has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (1) Repeal The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments (A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended— (i) in subsection (a)(11), by striking and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos, and inserting facilities, ; (ii) in subsection (b)— (I) in paragraph (4), by adding or after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Trade Sanctions Reform and Export Enhancement Act of 2000 The Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201 et seq. ) is amended— (1) in section 906(a)(1) ( 22 U.S.C. 7205(a)(1) )— (A) by striking Cuba, ; and (B) by inserting (other than Cuba) after to the government of a country ; (2) in section 908 ( 22 U.S.C. 7207 )— (A) by striking subsection (b); (B) in subsection (a)— (i) by striking Prohibition and all that follows through (1) In general.— Notwithstanding and inserting In General.— Notwithstanding ; (ii) by striking for exports to Cuba or ; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (C) in subsection (b) (as redesignated), by striking paragraph (1) and inserting subsection (a) ; (3) by striking section 909 ( 22 U.S.C. 7208 ); (4) by striking section 910 ( 22 U.S.C. 7209 ); and (5) by redesignating section 911 as section 909. (g) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277 ; 112 Stat. 2681–88) is repealed. (h) Termination of Denial of Foreign Tax Credit With Respect to Cuba Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end the following new flush sentence: Notwithstanding the preceding sentence, this subsection shall not apply to Cuba after the date that is 60 days after the date of the enactment of this sentence. . (i) Sugar Quota Prohibition Under Food Security Act of 1985 Section 902(c) of the Food Security Act of 1985 is repealed. 4. Telecommunications equipment and facilities Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. 5. Travel (a) In General Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel Any transactions ordinarily incident to travel that may not be regulated or prohibited under subsection (a) include, but are not limited to— (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler’s checks, or other negotiable instruments incident to such travel. 6. Direct mail delivery to Cuba The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. 7. Negotiations with Cuba (a) Negotiations The President should take all necessary steps to conduct negotiations with the Government of Cuba— (1) for the purpose of settling claims of nationals of the United States against the Government of Cuba for the taking of property by such government; and (2) for the purpose of securing the protection of internationally recognized human rights. (b) Definitions As used in this section, the terms national of the United States and property have the meanings given those terms in section 502 of the International Claims Settlement Act of 1949 ( 22 U.S.C. 1643a ). 8. Effective date This Act and the amendments made by this Act shall take effect on the 60th day after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr872ih/xml/BILLS-113hr872ih.xml

113-hr-873

I 113th CONGRESS 1st Session H. R. 873 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Rangel introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Ways and Means , the Judiciary , Agriculture , and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To facilitate the export of United States agricultural products to Cuba as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000, to remove impediments to the export to Cuba of medical devices and medicines, to allow travel to Cuba by United States legal residents, to establish an agricultural export promotion program with respect to Cuba, and for other purposes. 1. Short title This Act may be cited as the Promoting American Agricultural and Medical Exports to Cuba Act of 2013 . 2. Clarification of payment terms under the Trade Sanctions Reform and Export Enhancement Act of 2000 Section 908(b)(4) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) the term payment of cash in advance means, notwithstanding any other provision of law, the payment by the purchaser of an agricultural commodity or product and the receipt of such payment by the seller prior to— (i) the transfer of title of such commodity or product to the purchaser; and (ii) the release of control of such commodity or product to the purchaser. . 3. Authorization of direct transfers between Cuban and United States financial institutions under the Trade Sanctions Reform and Export Enhancement Act of 2000 (a) In general Notwithstanding any other provision of law, the President may not restrict direct transfers from a Cuban depository institution to a United States depository institution executed in payment for a product authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201 et seq. ). (b) Depository institution defined In this section, the term depository institution means any entity that is engaged primarily in the business of banking (including a bank, savings bank, savings association, credit union, trust company, or bank holding company). 4. Establishment of agricultural export promotion program with respect to Cuba (a) In general The Secretary of Agriculture shall establish a program to provide information and technical assistance to United States agricultural producers, cooperative organizations, or State agencies that promote the sale of agricultural commodities, in order to promote and facilitate United States exports of agricultural products to Cuba as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000. (b) Technical assistance To facilitate exports The Secretary shall maintain on the Web site of the Department of Agriculture information to assist exporters and potential exporters of United States agricultural commodities with respect to Cuba. (c) Authorization of funds The Secretary is authorized to expend such sums as may be available in the Agricultural Export Promotion Trust Fund established under section 9512 of the Internal Revenue Code of 1986 (as added by section 9(b) of this Act). 5. Issuance of visas to conduct activities in accordance with the trade sanctions reform and export enhancement act of 2000 (a) Issuance of visas Notwithstanding any other provision of law, in the case of a Cuban national whose itinerary documents an intent to conduct activities, including phytosanitary inspections, related to purchasing United States agricultural goods under the provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000, a consular officer (as defined in section 101(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(9) )) may issue a nonimmigrant visa under section 101(a)(15)(B) of such Act (8 U.S.C. 1101(a)(15)(B)) to the national, if the national is not inadmissible to the United States under section 212 of such Act ( 8 U.S.C. 1182 ). (b) Periodic reports (1) In general Not later than 45 days after the date of enactment of this Act and every 3 months thereafter the Secretary of State shall submit to the Committees on Finance, Agriculture, Nutrition, and Forestry, and Foreign Relations of the Senate and the Committees on Agriculture, Ways and Means, and Foreign Affairs of the House of Representatives a report on the issuance of visas described in subsection (a). (2) Content of reports Each report shall contain a full description of each application received from a Cuban national to travel to the United States to engage in purchasing activities pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 and shall describe the disposition of each such application. 6. Adherence to international agreements for the mutual protection of intellectual property (a) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (section 101(b) of division A of Public Law 105–277 ; 112 Stat. 2681–88), is repealed. (b) Regulations The Secretary of the Treasury shall promulgate such regulations as are necessary to carry out the repeal made by subsection (a), including removing any prohibition on transactions or payments to which subsection (a)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as such section was in effect on the day before the date of the enactment of this Act), applied. (c) Further regulations (1) In general The Secretary of the Treasury shall amend part 515 of title 31, Code of Federal Regulations (the Cuban assets control regulations), to authorize under general license the transfer or receipt of any trademark or trade name subject to United States law in which a designated national has an interest. (2) Designated national defined In this subsection, the term designated national has the meaning given the term in subsection (d)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as such section was in effect on the day before the date of the enactment of this Act). 7. Travel to Cuba (a) Freedom of travel for United States citizens and legal residents Subject to subsection (c), the President shall not regulate or prohibit, directly or indirectly, travel to or from Cuba by United States citizens or legal residents, or any of the transactions incident to such travel that are set forth in subsection (b). The President shall rescind all regulations in effect on the date of the enactment of this Act that so regulate or prohibit such travel or transactions. (b) Transactions incident to travel The transactions referred to in subsection (a) are— (1) any transactions ordinarily incident to travel to or from Cuba, including the importation into Cuba or the United States of accompanied baggage for personal use only; (2) any transactions ordinarily incident to travel or maintenance within Cuba, including the payment of living expenses and the acquisition of goods or services for personal use; (3) any transactions ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within Cuba; (4) any transactions incident to nonscheduled air, sea, or land voyages, except that this paragraph does not authorize the carriage of articles into Cuba or the United States except accompanied baggage; and (5) normal banking transactions incident to the activities described in the preceding provisions of this subsection, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, or similar instruments; except that this section does not authorize the importation into the United States of any goods for personal consumption acquired in Cuba. (c) Exception The restrictions on authority contained in subsection (a) do not apply in a case in which the United States is at war with Cuba, armed hostilities between the two countries are in progress, or there is imminent danger to the public health or the physical safety of United States citizens or legal residents. (d) Applicability This section applies to actions taken by the President before the date of the enactment of this Act which are in effect on such date of enactment, and to actions taken on or after such date of enactment. (e) Inapplicability of other provisions This section applies notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6032(h) ) and section 910(b) of the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7209(b) ). 8. Export of medicines and medical devices to Cuba (a) Repeal of requirement for onsite verifications Section 1705 of the Cuban Democracy Act of 1992 ( 22 U.S.C. 6004 ) is amended by striking subsection (d). (b) Rule of construction Nothing in the amendment made by subsection (a) shall be construed to restrict the authority of the President to— (1) impose export controls with respect to the export of medicines or medical devices under sections 5 or 6 of the Export Administration Act of 1979; or (2) exercise the authorities the President has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. 9. Increase in airport ticket tax for transportation between United States and Cuba; establishment of agricultural export promotion trust fund (a) Increase in ticket tax Subsection (c) of section 4261 of the Internal Revenue Code of 1986 (relating to use of international travel facilities) is amended by adding at the end the following new paragraph: (4) Special rule for cuba In any case in which the tax imposed by paragraph (1) applies to transportation beginning or ending in Cuba before January 1, 2015, such tax shall be increased by $1.00. . (b) Agricultural export promotion trust fund (1) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: 9512. Agricultural export promotion trust fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Agricultural Export Promotion Trust Fund , consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). (b) Transfers to trust fund There are hereby appropriated to the Agricultural Export Promotion Trust Fund amounts equivalent to the taxes received in the Treasury by reason of section 4261(c)(4). (c) Expenditures Amounts in the Agricultural Export Promotion Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to the Office of the Secretary of Agriculture for the purposes set out in section 4 of the Promoting American Agricultural and Medical Exports to Cuba Act of 2013. . (2) Conforming amendment Subparagraph (B) of section 9502(b)(1) of such Code is amended by inserting (other than by reason of subsection (c)(4) thereof) after sections 4261 . (3) Clerical amendment The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Agricultural Export Promotion Trust Fund. . (c) Effective date The amendment made by subsection (a) shall apply to transportation beginning after the 90-day period beginning on the date of the enactment of this Act, except that such amendment shall not apply to amounts paid before the end of such period.

https://www.govinfo.gov/content/pkg/BILLS-113hr873ih/xml/BILLS-113hr873ih.xml

113-hr-874

I 113th CONGRESS 1st Session H. R. 874 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Runyan introduced the following bill; which was referred to the Committee on Financial Services A BILL To award a Congressional Gold Medal in recognition of Alice Paul’s role in the women’s suffrage movement and in advancing equal rights for women. 1. Short title This Act may be cited as the Alice Paul Women’s Suffrage Congressional Gold Medal Act . 2. Findings The Congress finds as follows: (1) Alice Paul was born on January, 11, 1885, in Mount Laurel, New Jersey, and died on July 9, 1977. (2) Alice Paul dedicated her life to securing suffrage and equal rights for all women and, as founder of the World Woman’s Party, she was instrumental in the passage of the 19th Amendment to the United States Constitution. (3) Alice Paul and the National Woman’s Party were the first group ever to picket the White House. (4) While President Woodrow Wilson trumpeted America’s values of democracy abroad during World War I, Alice Paul was dedicated to reminding the President that not all Americans enjoyed democracy at home. (5) Alice Paul used nonviolent civil disobedience to bring national attention to the women’s suffrage movement, such as the 3-week hunger strike she undertook when she was sentenced to jail in October, 1917, for her demonstrations. (6) Alice Paul’s courage inspired thousands of women to join the women’s suffrage movement. (7) Instead of patiently waiting for States to grant women suffrage, Alice Paul mobilized an entire generation of women to pressure the United States Congress and the President to give all women in America the right to vote. (8) Alice Paul did not stop her fight after the 19th Amendment was ratified; she drafted the Equal Rights Amendment to the United States Constitution in 1923 and fought tirelessly for its passage until her death 54 years later. (9) Alice Paul lobbied Congress to include gender in civil rights bills and was successful in including sex discrimination in Title VII of the Civil Rights Act of 1964. (10) Alice Paul sought equal rights for women all over the world, not just Americans and, as a means of pursuing this goal, founded the World Party for Equal Rights for Women in the 1930s. (11) Alice Paul was instrumental in the placement of a passage on gender equality in the preamble of the United Nations Charter. (12) Few people have played a greater role in shaping the history of the United States than Alice Paul. (13) Alice Paul is an example to all Americans of what one person can do to make a difference for millions of people. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Alice Paul, in recognition of her role in the women’s suffrage movement and in advancing equal rights for women. (b) Presentation and display The medal referred to in subsection (a) shall be presented jointly to representatives of the Alice Paul Institute and the Sewall-Belmont House, to be shared equally and displayed as appropriate. (c) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.

https://www.govinfo.gov/content/pkg/BILLS-113hr874ih/xml/BILLS-113hr874ih.xml

113-hr-875

I 113th CONGRESS 1st Session H. R. 875 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Sensenbrenner (for himself, Mr. Hall , Mr. Westmoreland , Mr. Broun of Georgia , Mr. Smith of Texas , and Mr. Griffin of Arkansas ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for a comprehensive assessment of the scientific and technical research on the implications of the use of mid-level ethanol blends, and for other purposes. 1. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Mid-level ethanol blend The term mid-level ethanol blend means an ethanol-gasoline blend containing greater than 10 and up to and including 20 percent ethanol by volume that is intended to be used in any conventional gasoline-powered motor vehicle or nonroad vehicle or engine. 2. Evaluation (a) In general The Administrator, acting through the Assistant Administrator of the Office of Research and Development at the Environmental Protection Agency, shall— (1) not later than 45 days after the date of enactment of this Act, enter into an agreement with the National Academy of Sciences to provide, within 18 months after the date of enactment of this Act, a comprehensive assessment of the scientific and technical research on the implications of the use of mid-level ethanol blends, comparing mid-level ethanol blends to gasoline blends containing 10 percent or zero percent ethanol; and (2) not later than 30 days after receiving the results of the assessment under paragraph (1), submit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works of the Senate on the findings of the assessment, together with the agreement or disagreement of the Administrator with each of its findings. (b) Waivers Prior to the submission of the report under subsection (a)(2), any waiver granted under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545 (f)(4)) before the date of enactment of this Act that allows the introduction into commerce of mid-level ethanol blends for use in motor vehicles shall have no force or effect. The Administrator shall grant no new waivers under such section 211(f)(4) until after the submission of the report described under subsection (a)(2). (c) Contents The assessment performed under subsection (a)(1) shall include the following: (1) An evaluation of the short-term and long-term environmental, safety, durability, and performance effects of the introduction of mid-level ethanol blends on onroad, nonroad, and marine engines, onroad and nonroad vehicles, and related equipment. Such evaluation shall consider the impacts of qualifying mid-level ethanol blends or blends with higher ethanol concentrations as a certification fuel. Such evaluation shall include a review of all available scientific evidence, including all relevant government and industry data and testing, including that relied upon by the Administrator and published at 75 Fed. Reg. 68094 et seq. (November 4, 2010), 76 Fed. Reg. 4662 et seq. (January 26, 2011), and 76 Fed. Reg. 44406 et seq. (July 25, 2011), and identify gaps in understanding and research needs related to— (A) tailpipe emissions; (B) evaporative emissions; (C) engine and fuel system durability; (D) onboard diagnostics; (E) emissions inventory and other modeling effects; (F) materials compatibility; (G) operability and drivability; (H) fuel efficiency; (I) fuel economy; (J) consumer education and satisfaction; (K) cost-effectiveness for the consumer; (L) catalyst durability; and (M) durability of storage tanks, piping, and dispensers for retail. (2) An identification of areas of research, development, and testing necessary to— (A) ensure that existing motor fuel infrastructure is not adversely impacted by mid-level ethanol blends, including an examination of potential impacts of mid-level ethanol blends on metal, plastic, rubber, or any other materials used in pipes or storage tanks; and (B) reduce the risk of misfueling by users at various points in the distribution and supply chain, including at bulk storage, retail storage, and distribution configurations by— (i) assessing the best methods and practices to prevent misfueling; (ii) examining misfueling mitigation strategies for blender pumps, including volumetric purchase requirements and labeling requirements; (iii) assessing the adequacy of and ability for misfueling mitigation plans approved by the Environmental Protection Agency; and (iv) examining the technical standards and recommendations of the National Institute of Standards and Technology, the American National Standards Institute, and the International Organization for Standardization regarding fuel pump labeling. 3. Authorization of appropriations In order to carry out this Act, the Administrator shall utilize up to $900,000 from the funds made available for science and technology, including research and development activities, at the Environmental Protection Agency.

https://www.govinfo.gov/content/pkg/BILLS-113hr875ih/xml/BILLS-113hr875ih.xml

113-hr-876

I 113th CONGRESS 1st Session H. R. 876 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Simpson introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the continued use of certain water diversions located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in the State of Idaho, and for other purposes. 1. Short title This Act may be cited as the Idaho Wilderness Water Resources Protection Act . 2. Treatment of existing water diversions in Frank Church-River of No Return Wilderness and Selway-Bitterroot Wilderness, Idaho (a) Authorization for continued use The Secretary of Agriculture shall issue a special use authorization to the owners of a water storage, transport, or diversion facility (in this section referred to as a facility ) located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that— (1) the facility was in existence on the date on which the land upon which the facility is located was designated as part of the National Wilderness Preservation System (in this section referred to as the date of designation ); (2) the facility has been in substantially continuous use to deliver water for the beneficial use on the owner’s non-Federal land since the date of designation; (3) the owner of the facility holds a valid water right for use of the water on the owner’s non-Federal land under Idaho State law, with a priority date that predates the date of designation; and (4) it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (b) Terms and conditions (1) Required terms and conditions In a special use authorization issued under subsection (a), the Secretary shall— (A) allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that— (i) the use is necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under Idaho State law; and (ii) the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (B) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right recognized by the State of Idaho on the date of designation. (2) Discretionary terms and conditions In a special use authorization issued under subsection (a), the Secretary may— (A) require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act ( 16 U.S.C. 1131 ) if the beneficial use of water on the non-Federal land is not diminished; and (B) require that the owner provide a reciprocal right of access across the non-Federal property, in which case, the owner shall receive market value for any right-of-way or other interest in real property conveyed to the United States, and market value may be paid by the Secretary, in whole or in part, by the grant of a reciprocal right-of-way, or by reduction of fees or other costs that may accrue to the owner to obtain the authorization for water facilities.

https://www.govinfo.gov/content/pkg/BILLS-113hr876ih/xml/BILLS-113hr876ih.xml

113-hr-877

I 113th CONGRESS 1st Session H. R. 877 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Turner (for himself, Mr. Holt , Mr. Cicilline , Mr. Langevin , Mr. Higgins , Mr. Keating , Mr. Blumenauer , and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to expand the incentives for the rehabilitation of older buildings, including owner-occupied residences. 1. Short title This Act may be cited as the Historic Homeownership Revitalization Act of 2013 . 2. Historic home ownership rehabilitation credit (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: 25E. Historic home ownership rehabilitation credit (a) General rule In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the qualified rehabilitation expenditures made by the taxpayer with respect to a qualified historic home. (b) Dollar limitation The credit allowed by subsection (a) with respect to any residence of a taxpayer shall not exceed $60,000 ($30,000 in the case of a married individual filing a separate return). (c) Qualified rehabilitation expenditure For purposes of this section— (1) In general The term qualified rehabilitation expenditure means any amount properly chargeable to capital account— (A) in connection with the certified rehabilitation of a qualified historic home, and (B) for property for which depreciation would be allowable under section 168 if the qualified historic home were used in a trade or business. (2) Certain expenditures not included (A) Exterior Such term shall not include any expenditure in connection with the rehabilitation of a building unless at least 5 percent of the total expenditures made in the rehabilitation process are allocable to the rehabilitation of the exterior of such building. (B) Other rules to apply Rules similar to the rules of clauses (ii) and (iii) of section 47(c)(2)(B) shall apply. (3) Mixed use or multifamily building If only a portion of a building is used as the principal residence of the taxpayer, only qualified rehabilitation expenditures which are properly allocable to such portion shall be taken into account under this section. (d) Certified rehabilitation For purposes of this section— (1) In general The term certified rehabilitation has the meaning given such term by section 47(c)(2)(C). (2) Approved State program The term certified rehabilitation includes a certification made by— (A) a State Historic Preservation Officer who administers a State Historic Preservation Program approved by the Secretary of the Interior pursuant to section 101(b)(1) of the National Historic Preservation Act, or (B) a local government, certified pursuant to section 101(c)(1) of the National Historic Preservation Act and authorized by a State Historic Preservation Officer, or the Secretary of the Interior where there is no approved State program, subject to such terms and conditions as may be specified by the Secretary of the Interior for the rehabilitation of buildings within the jurisdiction of such officer (or local government) for purposes of this section. (e) Definitions and special rules For purposes of this section— (1) Qualified historic home The term qualified historic home means a certified historic structure— (A) which has been substantially rehabilitated, and (B) which (or any portion of which)— (i) is owned by the taxpayer, and (ii) is used (or will, within a reasonable period, be used) by such taxpayer as his principal residence. (2) Substantially rehabilitated The term substantially rehabilitated has the meaning given such term by section 47(c)(1)(C). (3) Principal residence The term principal residence has the same meaning as when used in section 121. (4) Certified historic structure The term certified historic structure means any building (and its structural components) which— (A) is listed in the National Register, or (B) is located in a registered historic district (as defined in section 47(c)(3)(B)) and is certified by the Secretary of the Interior as being of historic significance to the district. (5) Rehabilitation not complete before certification A rehabilitation shall not be treated as complete before the date of the certification referred to in subsection (d). (6) Tenant-stockholder in cooperative housing corporation If the taxpayer holds stock as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such stockholder shall be treated as owning the house or apartment which the taxpayer is entitled to occupy as such stockholder. (7) Allocation of expenditures relating to exterior of building containing cooperative or condominium units The percentage of the total expenditures made in the rehabilitation of a building containing cooperative or condominium residential units allocated to the rehabilitation of the exterior of the building shall be attributed proportionately to each cooperative or condominium residential unit in such building for which a credit under this section is claimed. (8) Carryback and carryforward of credit unused by reason of limitation based on tax liability (A) In general If the credit allowable under subsection (a) for any taxable year exceeds the tax limit for such taxable year, such excess shall be a carryback to the preceding taxable year and a carryforward to each of the 3 succeeding taxable years and, subject to the limitations of subparagraph (B), shall be added to the credit allowable by subsection (a) for such preceding or succeeding taxable year, as the case may be. (B) Amount carried to each year Rules similar to the rules of section 39(a)(2) shall apply for purposes of this paragraph. (C) Limitation The amount of the unused credit which may be taken into account under subparagraph (A) for any taxable year shall not exceed the amount (if any) by which the tax limit for such taxable year exceeds the sum of— (i) the credit allowable under subsection (a) for such taxable year determined without regard to this paragraph, and (ii) the amounts which, by reason of this paragraph, are carried to such taxable year and are attributable to taxable years before the unused credit year. (D) Tax limit For purposes of this paragraph, the term tax limit means the limitation imposed by section 26(a) for the taxable year reduced by the sum of the credits allowable under this subpart (other than this section). (9) Credit may be assigned The amount of qualified rehabilitation expenditures which would (but for this paragraph) be taken into account under subsection (a) for any taxable year by any person (hereafter in this paragraph referred to as the initial taxpayer )— (A) may be taken into account by any other person to whom such expenditures are assigned by the initial taxpayer, and (B) shall not be taken to account by initial taxpayer. Any person to whom such expenditures are assigned under subparagraph (A) shall be treated for purposes of this title as the taxpayer with respect to such expenditures. (f) When expenditures taken into account In the case of a building other than a building to which subsection (g) applies, qualified rehabilitation expenditures shall be treated for purposes of this section as made— (1) on the date the rehabilitation is completed, or (2) to the extent provided by the Secretary by regulation, when such expenditures are properly chargeable to capital account. Regulations under paragraph (2) shall include a rule similar to the rule under section 50(a)(2) (relating to recapture if property ceases to qualify for progress expenditures). (g) Allowance of credit for purchase of rehabilitated historic home (1) In general In the case of a qualified purchased historic home, the taxpayer shall be treated as having made (on the date of purchase) the expenditures made by the seller of such home. For purposes of the preceding sentence, expenditures made by the seller shall be deemed to be qualified rehabilitation expenditures if such expenditures, if made by the purchaser, would be qualified rehabilitation expenditures. (2) Qualified purchased historic home For purposes of this subsection, the term qualified purchased historic home means any substantially rehabilitated certified historic structure purchased by the taxpayer if— (A) the taxpayer is the first purchaser of such structure after the date rehabilitation is completed, and the purchase occurs within 5 years after such date, (B) the structure (or a portion thereof) will, within a reasonable period, be the principal residence of the taxpayer, (C) no credit was allowed to the seller under this section or section 47 with respect to such rehabilitation, and (D) the taxpayer is furnished with such information as the Secretary determines is necessary to determine the credit under this subsection. (h) Recapture (1) In general If, before the end of the 5-year period beginning on the date on which the rehabilitation of the building is completed (or, if subsection (g) applies, the date of purchase of such building by the taxpayer)— (A) the taxpayer disposes of such taxpayer’s interest in such building, or (B) such building ceases to be used as the principal residence of the taxpayer or ceases to be a certified historic structure, the taxpayer’s tax imposed by this chapter for the taxable year in which such disposition or cessation occurs shall be increased by the recapture percentage of the credit allowed under this section for all prior taxable years with respect to such rehabilitation. (2) Recapture percentage For purposes of paragraph (1), the recapture percentage shall be determined in accordance with the table under section 50(a)(1)(B), deeming such table to be amended— (A) by striking If the property ceases to be investment credit property within— and inserting If the disposition or cessation occurs within— , and (B) in clause (i) by striking One full year after placed in service and inserting One full year after the taxpayer becomes entitled to the credit . (3) Transfer between spouses or incident to divorce In the case of any transfer described in subsection (a) of section 1041 (relating to transfers between spouses or incident to divorce)— (A) the foregoing provisions of this subsection shall not apply, and (B) the same tax treatment under this subsection with respect to the transferred property shall apply to the transferee as would have applied to the transferor. (i) Basis adjustments For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property (including any purchase under subsection (g)), the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. (j) Processing fees Any State may impose a fee for the processing of applications for the certification of any rehabilitation under this section provided that the amount of such fee is used only to defray expenses associated with the processing of such applications. (k) Denial of double benefit No credit shall be allowed under this section for any amount for which credit is allowed under section 47. (l) Regulations The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations where less than all of a building is used as a principal residence and where more than 1 taxpayer use the same dwelling unit as their principal residence. . (b) Conforming amendments (1) (A) Subparagraph (C) of section 25(e)(1) of such Code is amended by inserting 25E, after sections 25D, . (B) Section 25D(c) of such Code is amended by inserting and section 25E after (other than this section . (C) Section 1400C(d) of such Code is amended by striking section 25D and inserting sections 25D and 25E . (2) Subsection (a) of section 1016 of such Code is amended by striking and at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , and , and by adding at the end the following new item: (38) to the extent provided in section 25E(i). . (c) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Historic home ownership rehabilitation credit. . (d) Effective date The amendments made by this section shall apply with respect to rehabilitations the physical work on which begins after the date of enactment of this Act. 3. Expansion of incentives for building rehabilitation (a) Increase in rehabilitation credit for buildings in high cost areas Paragraph (2) of subsection 47(c) of such Code (defining qualified rehabilitation expenditures) is amended by adding at the end the following new subparagraph: (E) Increase in credit for buildings in high cost areas In the case of any qualified rehabilitated building which is residential rental property (as defined in subparagraph (D)) located in a qualified census tract or difficult development area which is designated for purposes of section 42(d)(5)(C), the qualified rehabilitation expenditures taken into account under this section shall be 130 percent of such expenditures determined without regard to this subparagraph. . (b) Rehabilitation credit may be transferred (1) In general Subsection (b) of section 47 of such Code (relating to when expenditures taken into account) is amended by adding at the end the following new paragraph: (3) Credit may be assigned The amount of qualified rehabilitation expenditures with respect to property described in which would (but for this paragraph) be taken into account under subsection (a) for any taxable year by any person (hereafter in this paragraph referred to as the initial taxpayer )— (A) may be taken into account by any other person to whom such expenditures are assigned by the initial taxpayer, and (B) shall not be taken to account by initial taxpayer. Any person to whom such expenditures are assigned under subparagraph (A) shall be treated for purposes of this title as the taxpayer with respect to such expenditures. . (2) Conforming amendment The heading for such subsection (b) is amended by inserting ; eligibility for credit may be assigned after account . (c) Applicability to buildings held for sale (1) In general (A) Clause (iv) of section 47(c)(1)(A) of such Code is amended to read as follows: (iv) depreciation (or amortization in lieu of depreciation)— (I) is allowable with respect to such building, or (II) in the case of a residential property, would be allowable with respect to such building but for the building being held for sale. . (B) Paragraph (2) of section 47(c) of such Code is amended by adding at the end the following new subparagraph: (E) Special rule for certain property held for sale For purposes of this paragraph, in the case of a qualified rehabilitated building described in paragraph (1)(A)(iv)(II), such building shall be treated as owned by the taxpayer as rental property with respect to which the straight line depreciation method is used over a recovery period determined under subsection (c) or (g) of section 168. . (2) Conforming amendment Paragraph (4) of section 50(a) of such Code is amended by striking or at the end of subparagraph (A), but striking the period at the end of subparagraph (B) and inserting , or , and by inserting after subparagraph (B) the following new subparagraph: (C) property described in section 47(c)(1)(A)(iv)(II) that has not otherwise ceased to be investment property. . (d) Effective date The amendments made by this section shall apply with respect to rehabilitations the physical work on which begins after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr877ih/xml/BILLS-113hr877ih.xml

113-hr-878

V 113th CONGRESS 1st Session H. R. 878 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Pastor of Arizona introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Martha Palmillas de Morales. 1. Permanent resident status for Martha Palmillas de Morales (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Martha Palmillas de Morales shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status If Martha Palmillas de Morales enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for Application and Payment of Fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of Immigrant Visa Number Upon the granting of an immigrant visa or permanent residence to Martha Palmillas de Morales, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives The natural parents, brothers, and sisters of Martha Palmillas de Morales shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act .

https://www.govinfo.gov/content/pkg/BILLS-113hr878ih/xml/BILLS-113hr878ih.xml

113-hr-879

I 113th CONGRESS 1st Session H. R. 879 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Wilson of South Carolina (for himself, Mr. Griffith of Virginia , Mr. Jones , and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committees on Rules and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for a biennial budget process and a biennial appropriations process and to enhance oversight and the performance of the Federal Government. 1. Short title This Act may be cited as the Biennial Budgeting and Appropriations Act . 2. Revision of timetable Section 300 of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 ) is amended to read as follows: 300. Timetable (a) In General Except as provided by subsection (b), the timetable with respect to the congressional budget process for any Congress (beginning with the One Hundred Fourteenth Congress) is as follows: First Session On or before: Action to be completed: First Monday in February President submits budget recommendations. February 15 Congressional Budget Office submits report to Budget Committees. Not later than 6 weeks after budget submission Committees submit views and estimates to Budget Committees. April 1 Budget Committees report concurrent resolution on the biennial budget. May 15 Congress completes action on concurrent resolution on the biennial budget. May 15 Biennial appropriation bills may be considered in the House. June 10 House Appropriations Committee reports last biennial appropriation bill. June 30 House completes action on biennial appropriation bills. August 1 Congress completes action on reconciliation legislation. October 1 Biennium begins. Second Session On or before: Action to be completed: February 15 President submits budget review. Not later than 6 weeks after President submits budget review Congressional Budget Office submits report to Budget Committees. The last day of the session Congress completes action on bills and resolutions authorizing new budget authority for the succeeding biennium. (b) Special Rule In the case of any first session of Congress that begins in any year immediately following a leap year and during which the term of a President (except a President who succeeds himself or herself) begins, the following dates shall supersede those set forth in subsection (a): First Session On or before: Action to be completed: First Monday in April President submits budget recommendations. April 20 Committees submit views and estimates to Budget Committees. May 15 Budget Committees report concurrent resolution on the biennial budget. June 1 Congress completes action on concurrent resolution on the biennial budget. July 1 Biennial appropriation bills may be considered in the House. July 20 House completes action on biennial appropriation bills. August 1 Congress completes action on reconciliation legislation. October 1 Biennium begins. . 3. Amendments to the Congressional Budget and Impoundment Control Act of 1974 (a) Declaration of Purpose Section 2(2) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621(2) ) is amended by striking each year and inserting biennially . (b) Definitions (1) Budget resolution Section 3(4) of such Act ( 2 U.S.C. 622(4) ) is amended by striking fiscal year each place it appears and inserting biennium . (2) Biennium Section 3 of such Act ( 2 U.S.C. 622 ) is further amended by adding at the end the following new paragraph: (12) The term biennium means the period of 2 consecutive fiscal years beginning on October 1 of any odd-numbered year. . (c) Biennial Concurrent Resolution on the Budget (1) Section heading The section heading of section 301 of such Act is amended by striking annual and inserting biennial . (2) Contents of resolution Section 301(a) of such Act ( 2 U.S.C. 632(a) ) is amended— (A) in the matter preceding paragraph (1) by— (i) striking April 15 of each year and inserting May 15 of each odd-numbered year ; (ii) striking the fiscal year beginning on October 1 of such year the first place it appears and inserting the biennium beginning on October 1 of such year ; and (iii) striking the fiscal year beginning on October 1 of such year the second place it appears and inserting each fiscal year in such period ; (B) in paragraph (6), by striking for the fiscal year and inserting for each fiscal year in the biennium ; and (C) in paragraph (7), by striking for the fiscal year and inserting for each fiscal year in the biennium . (3) Additional matters Section 301(b)(3) of such Act ( 2 U.S.C. 632(b) ) is amended by striking for such fiscal year and inserting for either fiscal year in such biennium . (4) Views of other committees Section 301(d) of such Act ( 2 U.S.C. 632(d) ) is amended by inserting (or, if applicable, as provided by section 300(b)) after United States Code . (5) Hearings Section 301(e)(1) of such Act ( 2 U.S.C. 632(e) ) is amended by— (A) striking fiscal year and inserting biennium ; and (B) inserting after the second sentence the following: On or before April 1 of each odd-numbered year (or, if applicable, as provided by section 300(b)), the Committee on the Budget of each House shall report to its House the concurrent resolution on the budget referred to in subsection (a) for the biennium beginning on October 1 of that year. . (6) Goals for reducing unemployment Section 301(f) of such Act (2 U.S.C. 632(f)) is amended by striking fiscal year each place it appears and inserting biennium . (7) Economic assumptions Section 301(g)(1) of such Act ( 2 U.S.C. 632(g)(1) ) is amended by striking for a fiscal year and inserting for a biennium . (8) Table of contents The item relating to section 301 in the table of contents set forth in section 1(b) of such Act is amended by striking Annual and inserting Biennial . (d) Committee Allocations Section 302 of such Act ( 2 U.S.C. 633 ) is amended— (1) in subsection (a) (A) in paragraph (1), by— (i) striking for the first fiscal year of the resolution, and inserting for each fiscal year in the biennium, ; (ii) striking for that period of fiscal years and inserting for all fiscal years covered by the resolution ; and (iii) striking for the fiscal year of that resolution and inserting for each fiscal year in the biennium ; and (B) in paragraph (5), by striking April 15 and inserting May 15 or June 1 (under section 300(b)) ; (2) in subsection (b), by striking budget year and inserting biennium ; (3) in subsection (c) by striking for a fiscal year each place it appears and inserting for each fiscal year in the biennium ; (4) in subsection (f)(1), by striking for a fiscal year and inserting for a biennium ; (5) in subsection (f)(1), by striking the first fiscal year and inserting each fiscal year of the biennium ; (6) in subsection (f)(2)(A), by— (A) striking the first fiscal year and inserting each fiscal year of the biennium ; and (B) striking the total of fiscal years and inserting the total of all fiscal years covered by the resolution ; and (7) in subsection (g)(1)(A), by striking April and inserting May . (e) Section 303 Point of Order (1) In general Section 303(a) of such Act ( 2 U.S.C. 634(a) ) is amended by— (A) striking the first fiscal year and inserting each fiscal year of the biennium ; and (B) striking that fiscal year each place it appears and inserting that biennium . (2) Exceptions in the house Section 303(b)(1) of such Act ( 2 U.S.C. 634(b) ) is amended— (A) in subparagraph (A), by striking the budget year and inserting the biennium ; and (B) in subparagraph (B), by striking the fiscal year and inserting the biennium . (3) Application to the senate Section 303(c)(1) of such Act ( 2 U.S.C. 634(c) ) is amended by— (A) striking fiscal year and inserting biennium ; and (B) striking that year and inserting each fiscal year of that biennium . (f) Permissible Revisions of Concurrent Resolutions on the Budget Section 304(a) of such Act ( 2 U.S.C. 635 ) is amended— (1) by striking fiscal year the first two places it appears and inserting biennium ; and (2) by striking for such fiscal year and inserting for such biennium . (g) Procedures for Consideration of Budget Resolutions Section 305 of such Act (2 U.S.C. 636(3)) is amended— (1) in subsection (a)(3), by striking fiscal year and inserting biennium ; and (2) in subsection (b)(3), by striking fiscal year and inserting biennium . (h) Completion of House Action on Appropriation Bills Section 307 of such Act (2 U.S.C. 638) is amended— (1) by striking each year and inserting each odd-numbered year ; (2) by striking annual and inserting biennial ; (3) by striking fiscal year and inserting biennium ; and (4) by striking that year and inserting each odd-numbered year . (i) Completion of Action on Regular Appropriation Bills Section 309 of such Act (2 U.S.C. 640) is amended— (1) by inserting of any odd-numbered calendar year after July ; (2) by striking annual and inserting biennial ; and (3) by striking fiscal year and inserting biennium . (j) Reconciliation Process Section 310(a) of such Act ( 2 U.S.C. 641(a) ) is amended— (1) in the matter preceding paragraph (1), by striking any fiscal year and inserting any biennium ; and (2) in paragraph (1) by striking such fiscal year each place it appears and inserting any fiscal year covered by such resolution . (k) Section 311 Point of Order (1) In the house Section 311(a)(1) of such Act ( 2 U.S.C. 642(a) ) is amended— (A) by striking for a fiscal year and inserting for a biennium ; (B) by striking the first fiscal year each place it appears and inserting either fiscal year of the biennium ; and (C) by striking that first fiscal year and inserting each fiscal year in the biennium . (2) In the senate Section 311(a)(2) of such Act is amended— (A) in subparagraph (A), by striking for the first fiscal year and inserting for either fiscal year of the biennium ; and (B) in subparagraph (B)— (i) by striking that first fiscal year the first place it appears and inserting each fiscal year in the biennium ; and (ii) by striking that first fiscal year and the ensuing fiscal years and inserting all fiscal years . (3) Social security levels Section 311(a)(3) of such Act is amended by— (A) striking for the first fiscal year and inserting each fiscal year in the biennium ; and (B) striking that fiscal year and the ensuing fiscal years and inserting all fiscal years . (l) MDA Point of Order Section 312(c) of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended— (1) by striking for a fiscal year and inserting for a biennium ; (2) in paragraph (1), by striking the first fiscal year and inserting either fiscal year in the biennium ; (3) in paragraph (2), by striking that fiscal year and inserting either fiscal year in the biennium ; and (4) in the matter following paragraph (2), by striking that fiscal year and inserting the applicable fiscal year . 4. Amendments to title 31 , United States Code (a) Definition Section 1101 of title 31, United States Code, is amended by adding at the end thereof the following new paragraph: (3) biennium has the meaning given to such term in paragraph (12) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(12)). . (b) Budget Contents and Submission to the Congress (1) Schedule The matter preceding paragraph (1) in section 1105(a) of title 31, United States Code, is amended to read as follows: (a) On or before the first Monday in February of each odd-numbered year (or, if applicable, as provided by section 300(b) of the Congressional Budget Act of 1974), beginning with the One Hundred Fourteenth Congress, the President shall transmit to the Congress, the budget for the biennium beginning on October 1 of such calendar year. The budget of the United States Government transmitted under this subsection shall include a budget message and summary and supporting information. The President shall include in each budget the following: . (2) Expenditures Section 1105(a)(5) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year and inserting each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 fiscal years . (3) Receipts Section 1105(a)(6) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year and inserting each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years . (4) Balance statements Section 1105(a)(9)(C) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (5) Functions and activities Section 1105(a)(12) of title 31, United States Code, is amended in subparagraph (A), by striking the fiscal year and inserting each fiscal year in the biennium . (6) Allowances Section 1105(a)(13) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (7) Allowances for uncontrolled expenditures Section 1105(a)(14) of title 31, United States Code, is amended by striking that year and inserting each fiscal year in the biennium for which the budget is submitted . (8) Tax expenditures Section 1105(a)(16) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (9) Future years Section 1105(a)(17) of title 31, United States Code, is amended— (A) by striking the fiscal year following the fiscal year and inserting each fiscal year in the biennium following the biennium ; (B) by striking that following fiscal year and inserting each such fiscal year ; and (C) by striking fiscal year before the fiscal year and inserting biennium before the biennium . (10) Prior year outlays Section 1105(a)(18) of title 31, United States Code, is amended— (A) by striking the prior fiscal year and inserting each of the 2 most recently completed fiscal years, ; (B) by striking for that year and inserting with respect to those fiscal years ; and (C) by striking in that year and inserting in those fiscal years . (11) Prior year receipts Section 1105(a)(19) of title 31, United States Code, is amended— (A) by striking the prior fiscal year and inserting each of the 2 most recently completed fiscal years ; (B) by striking for that year and inserting with respect to those fiscal years ; and (C) by striking in that year each place it appears and inserting in those fiscal years . (c) Estimated Expenditures of Legislative and Judicial Branches Section 1105(b) of title 31, United States Code, is amended by striking each year and inserting each even-numbered year . (d) Recommendations To Meet Estimated Deficiencies Section 1105(c) of title 31, United States Code, is amended— (1) by striking the fiscal year for the first place it appears and inserting each fiscal year in the biennium for ; (2) by striking the fiscal year for the second place it appears and inserting each fiscal year of the biennium, as the case may be, for ; and (3) by striking for that year and inserting for each fiscal year of the biennium . (e) Capital Investment Analysis Section 1105(e)(1) of title 31, United States Code, is amended by striking ensuing fiscal year and inserting biennium to which such budget relates . (f) Supplemental Budget Estimates and Changes (1) In general Section 1106(a) of title 31, United States Code, is amended— (A) in the matter preceding paragraph (1), by— (i) inserting after Before July 16 of each year the following: and February 15 of each even-numbered year ; and (ii) striking fiscal year and inserting biennium ; (B) in paragraph (1), by striking that fiscal year and inserting each fiscal year in such biennium ; (C) in paragraph (2), by striking fiscal year and inserting biennium ; and (D) in paragraph (3), by striking fiscal year and inserting biennium . (2) Changes Section 1106(b) of title 31, United States Code, is amended by— (A) striking the fiscal year and inserting each fiscal year in the biennium ; (B) inserting after Before July 16 of each year the following: and February 15 of each even-numbered year ; and (C) striking submitted before July 16 and inserting required by this subsection . (g) Current Programs and Activities Estimates (1) In general Section 1109(a) of title 31, United States Code, is amended— (A) by striking On or before the first Monday after January 3 of each year (on or before February 5 in 1986) and inserting At the same time the budget required by section 1105 is submitted for a biennium ; and (B) by striking the following fiscal year and inserting each fiscal year of such period . (2) Joint economic committee Section 1109(b) of title 31, United States Code, is amended by striking March 1 of each year and inserting within 6 weeks of the President’s budget submission for each odd-numbered year (or, if applicable, as provided by section 300(b) of the Congressional Budget Act of 1974) . (h) Year-Ahead Requests for Authorizing Legislation Section 1110 of title 31, United States Code, is amended by— (1) striking May 16 and inserting March 31 ; and (2) striking year before the year in which the fiscal year begins and inserting calendar year preceding the calendar year in which the biennium begins . 5. Two-year appropriations; title and style of appropriations Acts Section 105 of title 1, United States Code, is amended to read as follows: 105. Title and style of appropriations Acts (a) The style and title of all Acts making appropriations for the support of the Government shall be as follows: An Act making appropriations (here insert the object) for each fiscal year in the biennium of fiscal years (here insert the fiscal years of the biennium). . (b) All Acts making regular appropriations for the support of the Government shall be enacted for a biennium and shall specify the amount of appropriations provided for each fiscal year in such period. (c) For purposes of this section, the term biennium has the same meaning as in section 3(12) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(12)). . 6. Multiyear authorizations (a) In General Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: 316. Authorizations of appropriations (a) Point of Order It shall not be in order in the House of Representatives or the Senate to consider— (1) any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than 2 fiscal years, unless the program, project, or activity for which the appropriations are authorized will require no further appropriations and will be completed or terminated after the appropriations have been expended; and (2) in any odd-numbered year, any authorization or revenue bill or joint resolution until Congress completes action on the biennial budget resolution, all regular biennial appropriations bills, and all reconciliation bills. (b) Applicability In the Senate, subsection (a) shall not apply to— (1) any measure that is privileged for consideration pursuant to a rule or statute; (2) any matter considered in Executive Session; or (3) an appropriations measure or reconciliation bill. . (b) Amendment to Table of Contents The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 315 the following new item: Sec. 316. Authorizations of appropriations. . 7. Government plans on a biennial basis (a) Strategic Plans Section 306 of title 5, United States Code, is amended— (1) in subsection (a), by striking September 30, 1997 and inserting September 30, 2015 ; (2) in subsection (b)— (A) by striking five years forward and inserting 6 years forward ; (B) by striking at least every three years and inserting at least every 4 years ; and (C) by striking beginning with , except that through four years ; and (3) in subsection (c), by inserting a comma after section the second place it appears and adding including a strategic plan submitted by September 30, 2013 meeting the requirements of subsection (a) . (b) Budget Contents and Submission to Congress Paragraph (28) of section 1105(a) of title 31, United States Code, is amended by striking beginning with fiscal year 1999, a and inserting beginning with fiscal year 2016, a biennial . (c) Performance Plans Section 1115 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in the matter before paragraph (1)— (i) by striking section 1105(a)(29) and inserting section 1105(a)(28) ; and (ii) by striking an annual and inserting a biennial ; (B) in paragraph (1) by inserting after program activity the following: for both years 1 and 2 of the biennial plan ; (C) in paragraph (5) by striking and after the semicolon; (D) in paragraph (6) by striking the period and inserting a semicolon; and inserting and after the inserted semicolon; and (E) by adding after paragraph (6) the following: (7) cover a 2-year period beginning with the first fiscal year of the next biennial budget cycle. ; (2) in subsection (d) by striking annual and inserting biennial ; and (3) in paragraph (6) of subsection (f) by striking annual and inserting biennial . (d) Managerial Accountability and Flexibility Section 9703 of title 31, United States Code, relating to managerial accountability, is amended— (1) in subsection (a)— (A) in the first sentence by striking annual ; and (B) by striking section 1105(a)(29) and inserting section 1105(a)(28) ; and (2) in subsection (e)— (A) in the first sentence by striking one or before years ; (B) in the second sentence by striking a subsequent year and inserting a subsequent 2-year period ; and (C) in the third sentence by striking three and inserting 4 . (e) Pilot Projects for Performance Budgeting Section 1119 of title 31, United States Code, is amended— (1) in paragraph (1) of subsection (d), by striking annual and inserting biennial ; and (2) in subsection (e), by striking annual and inserting biennial . (f) Strategic Plans Section 2802 of title 39, United States Code, is amended— (1) is subsection (a), by striking September 30, 1997 and inserting September 30, 2015 ; (2) by striking five years forward and inserting 6 years forward ; (3) in subsection (b), by striking at least every three years and inserting at least every 4 years ; and (4) in subsection (c), by inserting a comma after section the second place it appears and inserting including a strategic plan submitted by September 30, 2015 meeting the requirements of subsection (a) . (g) Performance Plans Section 2803(a) of title 39, United States Code, is amended— (1) in the matter before paragraph (1), by striking an annual and inserting a biennial ; (2) in paragraph (1), by inserting after program activity the following: for both years 1 and 2 of the biennial plan ; (3) in paragraph (5), by striking and after the semicolon; (4) in paragraph (6), by striking the period and inserting ; and ; and (5) by adding after paragraph (6) the following: (7) cover a 2-year period beginning with the first fiscal year of the next biennial budget cycle. . (h) Committee Views of Plans and Reports Section 301(d) of the Congressional Budget Act ( 2 U.S.C. 632(d) ) is amended by adding at the end Each committee of the Senate or the House of Representatives shall review the strategic plans, performance plans, and performance reports, required under section 306 of title 5, United States Code, and sections 1115 and 1116 of title 31, United States Code, of all agencies under the jurisdiction of the committee. Each committee may provide its views on such plans or reports to the Committee on the Budget of the applicable House. . (i) Effective Date (1) In general The amendments made by this section shall take effect on March 1, 2015. (2) Agency actions Effective on and after the date of enactment of this Act, each agency shall take such actions as necessary to prepare and submit any plan or report in accordance with the amendments made by this Act. 8. Biennial appropriations bills (a) In General Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) (as amended by section 6) is further amended by adding at the end the following: 317. Consideration of biennial appropriations bills It shall not be in order in the House of Representatives or the Senate in any odd-numbered year to consider any regular bill providing new budget authority or a limitation on obligations under the jurisdiction of any of the subcommittees of the Committees on Appropriations for only the first fiscal year of a biennium, unless the program, project, or activity for which the new budget authority or obligation limitation is provided will require no additional authority beyond 1 year and will be completed or terminated after the amount provided has been expended. . (b) Amendment to Table of Contents The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 316 the following new item: Sec. 317. Consideration of biennial appropriations bills. . 9. Report on two-year fiscal period Not later than 180 days after the date of enactment of this Act, the Director of OMB shall— (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a 2-year fiscal period with a biennial budget process based on the 2-year period; and (2) report the findings of the study to the Committees on the Budget of the House of Representatives and the Senate. 10. Effective date Except as provided in section 7, this Act and the amendments made by this Act shall take effect on January 1, 2015, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2016.

https://www.govinfo.gov/content/pkg/BILLS-113hr879ih/xml/BILLS-113hr879ih.xml

113-hr-880

I 113th CONGRESS 1st Session H. R. 880 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. DeFazio (for himself, Ms. Slaughter , Ms. Norton , Mr. Scott of Virginia , Mr. Capuano , Ms. Pingree of Maine , Mr. McGovern , Mr. Conyers , Mr. Huffman , Mr. Grijalva , Mr. Welch , Ms. Schakowsky , Mrs. Napolitano , Ms. Edwards , Mr. Sarbanes , Mr. Michaud , Ms. Brown of Florida , Mr. Ellison , Ms. Chu , Ms. DeLauro , and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to impose a tax on certain trading transactions. 1. Short title This Act may be cited as the Wall Street Trading and Speculators Tax Act . 2. Transaction tax (a) In general Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: C Tax on Trading Transactions Sec. 4475. Tax on trading transactions. 4475. Tax on trading transactions (a) Imposition of tax There is hereby imposed a tax on each covered transaction with respect to any security. (b) Rate of tax The tax imposed under subsection (a) with respect to any covered transaction shall be 0.03 percent of the specified base amount with respect to such covered transaction. (c) Specified base amount For purposes of this section, the term specified base amount means— (1) except as provided in paragraph (2), the fair market value of the security (determined as of the time of the covered transaction), and (2) in the case of any payment described in subsection (h), the amount of such payment. (d) Covered transaction For purposes of this section, the term covered transaction means— (1) except as provided in paragraph (2), any purchase if— (A) such purchase occurs or is cleared on a facility located in the United States, or (B) the purchaser or seller is a United States person, and (2) any transaction with respect to a security described in subparagraph (D), (E), or (F) of subsection (e)(1), if— (A) such security is traded or cleared on a facility located in the United States, or (B) any party with rights under such security is a United States person. (e) Security and other definitions For purposes of this section— (1) In general The term security means— (A) any share of stock in a corporation, (B) any partnership or beneficial ownership interest in a partnership or trust, (C) any note, bond, debenture, or other evidence of indebtedness, (D) any evidence of an interest in, or a derivative financial instrument with respect to, any security or securities described in subparagraph (A), (B), or (C), (E) any derivative financial instrument with respect to any currency or commodity, and (F) any notional principal contract. (2) Derivative financial instrument The term derivative financial instrument includes any option, forward contract, futures contract, or any similar financial instrument. (3) Notional principal contract Except as otherwise provided by the Secretary, the term notional principal contract means any financial instrument which requires two or more payments at specified intervals calculated by reference to a specified index upon one or more notional principal amounts. An amount shall not fail to be treated as a payment described in the preceding sentence merely because such amount is fixed on one date and paid or otherwise taken into account on a different date. (4) Specified index The term specified index means any 1 or more of any combination of— (A) a fixed rate, price, or amount, or (B) a variable rate, price, or amount, (C) any index based on any objectively determinable information (including the occurrence or nonoccurrence of any event) which is not within the control of any of the parties to the instrument and is not unique to any of the parties’ circumstances, and (D) any other index as the Secretary may prescribe. (5) Treatment of exchanges (A) In general An exchange shall be treated as the sale of the property transferred and a purchase of the property received by each party to the exchange. (B) Certain deemed exchanges In the case of a distribution treated as an exchange for stock under section 302 or 331, the corporation making such distribution shall be treated as having purchased such stock for purposes of this section. (f) Exceptions (1) Exception for initial issues No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (e)(1). (2) Exception for certain traded short-term indebtedness A note, bond, debenture, or other evidence of indebtedness which— (A) is traded on a trading facility located in the United States, and (B) has a fixed maturity of not more than 100 days, shall not be treated as described in subsection (e)(1)(C). (3) Exception for securities lending arrangements No tax shall be imposed under subsection (a) on any covered transaction with respect to which gain or loss is not recognized by reason of section 1058. (g) By whom paid (1) In general The tax imposed by this section shall be paid by— (A) in the case of a transaction which occurs or is cleared on a facility located in the United States, such facility, and (B) in the case of a purchase not described in subparagraph (A) which is executed by a broker (as defined in section 6045(c)(1)) which is a United States person, such broker. (2) Special rules for direct, etc., transactions In the case of any transaction to which paragraph (1) does not apply, the tax imposed by this section shall be paid by— (A) in the case of a transaction described in subsection (d)(1)— (i) the purchaser if the purchaser is a United States person, and (ii) the seller if the purchaser is not a United States person, and (B) in the case of a transaction described in subsection (d)(2)— (i) the payor if the payor is a United States person, and (ii) the payee if the payor is not a United States person. (h) Certain payments treated as separate transactions Except as otherwise provided by the Secretary, any payment with respect to a security described in subparagraph (D), (E), or (F) of subsection (e)(1) shall be treated as a separate transaction for purposes of this section, including— (1) any net initial payment, net final or terminating payment, or net periodical payment with respect to a notional principal contract (or similar financial instrument), (2) any payment with respect to any forward contract (or similar financial instrument), and (3) any premium paid with respect to any option (or similar financial instrument). (i) Application to transactions by controlled foreign corporations (1) In general For purposes of this section, a controlled foreign corporation shall be treated as a United States person. (2) Special rules for payment of tax on direct, etc., transactions In the case of any transaction which is a covered transaction solely by reason of paragraph (1) and which is not described in subsection (g)(1)— (A) Payment by United States shareholders Any tax which would (but for this paragraph) be payable under subsection (g)(2) by the controlled foreign corporation shall, in lieu thereof, be paid by the United States shareholders of such controlled foreign corporation as provided in subparagraph (B). (B) Pro rata shares Each such United States shareholder shall pay the same proportion of such tax as— (i) the stock which such United States shareholder owns (within the meaning of section 958(a)) in such controlled foreign corporation, bears to (ii) the stock so owned by all United States shareholders in such controlled foreign corporation. (C) Definitions For purposes of this subsection, the terms United States shareholder and controlled foreign corporation have the meanings given such terms in sections 951(b) and 957(a), respectively. (j) Administration The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. (k) Guidance; regulations The Secretary shall— (1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and (2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions. . (b) Credit with respect to certain tax-Favored accounts To offset transaction tax (1) In general Subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 36B the following new section: 36C. Offset for transaction tax with respect to certain tax-favored accounts (a) In general There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 0.03 percent of the qualified tax-favored account contributions of the taxpayer for the taxable year. (b) Qualified tax-Favored account contributions For purposes of this section, the term qualified tax-favored account contributions means, with respect to any taxable year, the sum of— (1) with respect to qualified retirement plans (as defined in section 4974(c)) of the taxpayer, the amount contributed to such plans for such taxable year to the extent that such contributions are allowable as a deduction or are excludable from gross income (or, in the case of a Roth IRA (as defined in section 408A(b)), the amount contributed), (2) with respect to Archer MSAs of the taxpayer, the amount allowed as a deduction under section 220 for such taxable year, (3) with respect to health savings accounts of the taxpayer, the amount allowed as a deduction under section 223 for such taxable year, plus (4) with respect to qualified tuition programs (as defined in section 529) and Coverdell education savings accounts (as defined in section 530) with respect to which the taxpayer is the designated beneficiary (or, in the case of a designated beneficiary with respect to whom another taxpayer is allowed a deduction under section 151, such other taxpayer in lieu of such designated beneficiary), the amount contributed for such taxable year. . (2) Conforming amendments (A) Section 1324(b)(2) of title 31, United States Code, is amended by inserting , 36C after 36B . (B) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 37 the following new item: Sec. 36C. Offset for transaction tax on contributions to certain tax-favored accounts. . (c) Information reporting with respect to controlled foreign corporations Subparagraph (B) of section 6038(a)(1) is amended by inserting and transactions which are covered transactions for purposes of section 4475 by reason of the application of section 4475(i)(1) to such corporation before the semicolon at the end. (d) Clerical amendment The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter B the following new item: Subchapter C. Tax on trading transactions. . (e) Effective date The amendments made by this section shall apply to transactions after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr880ih/xml/BILLS-113hr880ih.xml

113-hr-881

I 113th CONGRESS 1st Session H. R. 881 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. McGovern (for himself, Mr. Boustany , and Mr. Issa ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To limit the use of cluster munitions. 1. Short title This Act may be cited as the Cluster Munitions Civilian Protection Act of 2013 . 2. Limitation on the use of cluster munitions No funds appropriated or otherwise available to any Federal department or agency may be obligated or expended to use any cluster munitions unless— (1) the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments; and (2) the policy applicable to the use of such cluster munitions specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians. 3. Presidential waiver The President may waive the requirement under section 2(1) if, prior to the use of cluster munitions, the President— (1) certifies that it is vital to protect the security of the United States; and (2) not later than 30 days after making such certification, submits to the appropriate congressional committees a report, in classified form if necessary, describing in detail— (A) the steps that will be taken to protect civilians; and (B) the failure rate of the cluster munitions that will be used and whether such munitions are fitted with self-destruct or self-deactivation devices. 4. Cleanup plan Not later than 90 days after any cluster munitions are used by a Federal department or agency, the President shall submit to the appropriate congressional committees a plan, prepared by such Federal department or agency, for cleaning up any such cluster munitions and submunitions which fail to explode and continue to pose a hazard to civilians. 5. Appropriate congressional committees defined In this Act, the term appropriate congressional committees means the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.

https://www.govinfo.gov/content/pkg/BILLS-113hr881ih/xml/BILLS-113hr881ih.xml

113-hr-882

I 113th CONGRESS 1st Session H. R. 882 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Chaffetz (for himself and Ms. Speier ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To prohibit the awarding of a contract or grant in excess of the simplified acquisition threshold unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that the contractor or grantee has no seriously delinquent tax debts, and for other purposes. 1. Short title This Act may be cited as the Contracting and Tax Accountability Act of 2013 . 2. Governmental policy It is the policy of the United States Government that no Government contracts or grants should be awarded to individuals or companies with seriously delinquent Federal tax debts. 3. Disclosure and evaluation of contract offers from delinquent Federal debtors (a) In general The head of any executive agency that issues an invitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold shall require each person that submits a bid or proposal to submit with the bid or proposal a form— (1) certifying that the person does not have a seriously delinquent tax debt; and (2) authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether the person has a seriously delinquent tax debt. (b) Impact on responsibility determination The head of any executive agency, in evaluating any offer received in response to a solicitation issued by the agency for bids or proposals for a contract, shall consider a certification that the offeror has a seriously delinquent tax debt to be definitive proof that the offeror is not a responsible source as defined in section 113 of title 41, United States Code. (c) Debarment (1) Requirement Except as provided in paragraph (2), the head of an executive agency shall propose a person for debarment after receiving an offer for a contract from such person if— (A) such offer contains a certification (as required under subsection (a)(1)) that such person has a seriously delinquent tax debt; or (B) the head of the agency receives information from the Secretary of the Treasury (as authorized under subsection (a)(2)) demonstrating that such a certification submitted by such person is false. (2) Waiver The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to Congress, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (d) Release of information The Secretary of the Treasury shall make available to all executive agencies a standard form for the authorization described in subsection (a). (e) Revision of regulations Not later than 270 days after the date of enactment of this subsection, the Federal Acquisition Regulation shall be revised to incorporate the requirements of this section. 4. Disclosure and evaluation of grant applications from delinquent Federal debtors (a) In general The head of any executive agency that offers a grant in excess of an amount equal to the simplified acquisition threshold shall require each person applying for a grant to submit with the grant application a form— (1) certifying that the person does not have a seriously delinquent tax debt; and (2) authorizing the Secretary of the Treasury to disclose to the head of the executive agency information limited to describing whether the person has a seriously delinquent tax debt. (b) Impact on determination of financial stability The head of any executive agency, in evaluating any application for a grant offered by the agency, shall consider a certification that the grant applicant has a seriously delinquent tax debt to be definitive proof that the applicant is high-risk and, if the applicant is awarded the grant, shall take appropriate measures under guidelines issued by the Office of Management and Budget for enhanced oversight of high-risk grantees. (c) Debarment (1) Requirement Except as provided in paragraph (2), the head of an executive agency shall propose a person for debarment after receiving a grant application from such person if— (A) such application contains a certification (as required under subsection (a)(1)) that such person has a seriously delinquent tax debt; or (B) the head of the agency receives information from the Secretary of the Treasury (as authorized under subsection (a)(2)) demonstrating that such a certification submitted by such person is false. (2) Waiver The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to Congress, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (d) Release of information The Secretary of the Treasury shall make available to all executive agencies a standard form for the authorization described in subsection (a). (e) Revision of regulations Not later than 270 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall revise such regulations as necessary to incorporate the requirements of this section. 5. Definitions and special rules For purposes of this Act: (1) Person (A) In general The term person includes— (i) an individual; (ii) a partnership; and (iii) a corporation. (B) Exclusion The term person does not include an individual seeking assistance through a grant entitlement program. (C) Treatment of certain partnerships A partnership shall be treated as a person with a seriously delinquent tax debt if such partnership has a partner who— (i) holds an ownership interest of 50 percent or more in that partnership; and (ii) has a seriously delinquent tax debt. (D) Treatment of certain corporations A corporation shall be treated as a person with a seriously delinquent tax debt if such corporation has an officer or a shareholder who— (i) holds 50 percent or more, or a controlling interest that is less than 50 percent, of the outstanding shares of corporate stock in that corporation; and (ii) has a seriously delinquent tax debt. (2) Executive agency The term executive agency has the meaning given such term in section 133 of title 41, United States Code. (3) Seriously delinquent tax debt (A) In general The term seriously delinquent tax debt means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code. (B) Exceptions Such term does not include— (i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; and (ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending. 6. Effective date This Act shall apply with respect to contracts and grants awarded on or after the date occurring 270 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr882ih/xml/BILLS-113hr882ih.xml

113-hr-883

I 113th CONGRESS 1st Session H. R. 883 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Chaffetz (for himself, Mr. Latta , and Mr. Labrador ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to permit certain veterans who were discharged or released from the Armed Forces by reason of service-connected disability to transfer benefits under the Post-9/11 Educational Assistance Program, and for other purposes. 1. Service-connected death, disability, or injury exception for transferability of entitlement to educational assistance under the Post-9/11 Educational Assistance program Section 3319 of title 38, United States Code, is amended— (1) in subsection (b)— (A) by striking (b) Eligible individuals.— An individual, and inserting the following: (b) Eligible Individuals (1) In general An individual ; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving them two ems to the right; and (C) by adding at the end the following new paragraph: (2) Approval after death in line of duty Notwithstanding the service requirements under paragraph (1), an individual referred to in subsection (a) shall also include an individual who elected to transfer educational assistance as described in subsection (a) but whose application for such transfer was not approved before such individual died in line of duty. ; and (2) in subsection (f)— (A) by striking (1) Time for transfer.— Subject to and inserting the following: (1) Time for transfer (A) In general Except as provided in subparagraph (B) and subject to ; and (B) by adding at the end the following new subparagraph: (B) Exception (i) Time for transfer for service-connected disability or injury in line of duty The limitation under subparagraph (A) with respect to the time to transfer entitlement benefits under this section shall not apply if an individual is discharged or released from active duty in the Armed Forces in accordance with section 3311(c) of this title— (I) due to a service-connected disability; or (II) after sustaining an injury in line of duty that requires hospital, nursing home, or domiciliary care or treatment. (ii) Extended period of eligibility An individual referred to in clause (i) may transfer entitlement benefits under this section— (I) before the end of the 36-month period beginning on the date of the individual’s discharge or release from active duty in the Armed Forces; or (II) before the end of the 48-month period beginning on the date of such discharge or release if the Secretary concerned determines special circumstances exist. (iii) Alternative period of eligibility In the case of an individual described in clause (i) who is discharged or released from active duty in the Armed Forces on or after August 1, 2009, but before the date of the enactment of this subparagraph, the extended period of eligibility described in clause (ii) shall begin on the date of the enactment of this subparagraph. (C) Additional opportunity to make election An individual described in subparagraph (B)(i) may elect to transfer the individual’s entitlement under subsection (a), or to make changes to the dependent or dependents designated as the transferee or transferees of the individual’s entitlement under this section, one or more times during the time period referred to in subparagraph (B)(ii). . 2. Effective Date The amendments made by this Act to section 3319 of title 38, United States Code, shall apply with respect to individuals who became eligible to transfer benefits under such section on or after August 1, 2009.

https://www.govinfo.gov/content/pkg/BILLS-113hr883ih/xml/BILLS-113hr883ih.xml

113-hr-884

I 113th CONGRESS 1st Session H. R. 884 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Chaffetz introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require Members of Congress to disclose delinquent tax liability and to require an ethics inquiry into, and the garnishment of the wages of, a Member with Federal tax liability. 1. Short title This Act may be cited as the Members of Congress Tax Accountability Act of 2013 . 2. Amendment to the Ethics in Government Act of 1978 (a) In general Section 102(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (9) (A) For individuals described in section 101(f)(9), the amount of any delinquent tax liability owed to the United States or any State or local government entity. (B) In this paragraph, the term delinquent tax liability means any tax liability which has been assessed and with respect to which all judicial and administrative remedies have been exhausted, or have lapsed. . (b) Inclusion in report Section 102(b)(1)(A) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking paragraph (1) and inserting paragraphs (1) and (9) . 3. Ethics inquiry If a Member of Congress reports a delinquent tax liability on the Member’s annual disclosure form required under section 102(a)(9) of the Ethics in Government Act of 1978 (as added by section 2), the appropriate congressional ethics committee shall immediately open an inquiry into the tax delinquency of that Member for purposes of— (1) determining the total delinquent tax liability of the Member; (2) determining the reason the Member has incurred a delinquent tax liability; (3) determining whether the Member has a plan to eliminate such delinquent tax liability; and (4) determining whether such delinquent tax liability has reflected poorly on Congress. 4. Federal tax liability A Member of Congress who discloses a delinquent tax liability under section 102(a)(9) of the Ethics in Government Act of 1978 (as added by section 2) shall, not later than 30 calendar days after filing the form, arrange with the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, and the Internal Revenue Service to have the Member’s salary reduced by an amount appropriate to pay the taxes owed to the United States within a reasonable time period. 5. Member of congress defined In this Act, the term Member of Congress means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress.

https://www.govinfo.gov/content/pkg/BILLS-113hr884ih/xml/BILLS-113hr884ih.xml

113-hr-885

I 113th CONGRESS 1st Session H. R. 885 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Doggett (for himself, Mr. Castro of Texas , Mr. Gallego , Mr. Cuellar , and Mr. Smith of Texas ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To expand the boundary of San Antonio Missions National Historical Park, to conduct a study of potential land acquisitions, and for other purposes. 1. Short title This Act may be cited as the San Antonio Missions National Historical Park Boundary Expansion Act of 2013 . 2. Park boundary study Section 201 of Public Law 95–629 (16 U.S.C. 410ee) is amended— (1) by redesignating subsections (b), (c), (d), (e), and (f) as subsections (c), (d), (e), (f), and (g), respectively; (2) by inserting after subsection (a) the following: (b) Study (1) In general The Secretary shall conduct a study of land in Bexar and Wilson Counties, Texas, to identify land that would be suitable for inclusion in the park. (2) Requirements In conducting the study under paragraph (1), the Secretary shall examine the natural, cultural, recreational, and scenic values and characteristics of the land. (3) Report Not later than 3 years after the date on which funds are made available for the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the findings, conclusions, and recommendations of the study. ; and (3) in paragraph (1)(D) of subsection (f) (as redesignated by paragraph (1)), by striking subsection (b)(2) and inserting subsection (c)(2) . 3. Boundary expansion Section 201 of Public Law 95–629 ( 16 U.S.C. 410ee ) is amended— (1) by striking Sec. 201. (a) In order and inserting the following: 201. San Antonio Missions Historical Park (a) Establishment (1) In general In order ; and (2) in subsection (a)— (A) in the second sentence, by striking The park shall also and inserting the following: (2) Additional land The park shall also ; (B) in the third sentence, by striking After advising the and inserting the following: (4) Revisions After advising the ; and (C) by inserting after paragraph (2) (as designated by subparagraph (A)) the following: (3) Boundary modification (A) In general The boundary of the park is modified to include approximately 137 acres, as depicted on the map entitled San Antonio Missions National Historical Park Proposed Boundary Addition , numbered 472/113, 006A, and dated June 2012. (B) Availability of map The map described in subparagraph (A) shall be on file and available for inspection in the appropriate offices of the National Park Service. (C) Prohibition on acquisition of lands by condemnation The Secretary may not use condemnation authority to acquire lands or interests in lands under this paragraph. .

https://www.govinfo.gov/content/pkg/BILLS-113hr885ih/xml/BILLS-113hr885ih.xml

113-hr-886

I 113th CONGRESS 1st Session H. R. 886 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Gerlach (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide tax relief for small businesses, and for other purposes. 1. Short title; etc (a) Short title This Act may be cited as the America’s Small Business Tax Relief Act of 2013 . (b) References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; etc. Sec. 2. 100-percent exclusion of gain on certain small business stock made permanent. Sec. 3. 5-year carryback of general business credits of eligible small businesses reinstated and made permanent. Sec. 4. Alternative minimum tax rules for general business credits of eligible small businesses reinstated and made permanent. Sec. 5. Reduction in recognition period for built-in gains tax made permanent. Sec. 6. Increased expensing limitations and treatment of certain real property as section 179 property made permanent. Sec. 7. Special rule for long-term contract accounting made permanent. Sec. 8. Increase of amount allowed as a deduction for start-up expenditures reinstated and made permanent. Sec. 9. Allowance of deduction for health insurance in computing self-employment taxes reinstated and made permanent. 2. 100-percent exclusion of gain on certain small business stock made permanent (a) In general Paragraph (4) of section 1202(a) is amended— (1) by striking after the date of the enactment of the Creating Small Business Jobs Act of 2010 and before January 1, 2014 and inserting after September 27, 2010 , and (2) by striking during certain periods in 2010 and 2011 and inserting after September 27, 2010 in the heading thereof. (b) Effective date The amendments made by this section shall apply to stock acquired after December 31, 2013. 3. 5-year carryback of general business credits of eligible small businesses reinstated and made permanent (a) In general Subparagraph (A) of section 39(a)(4) is amended by striking determined in the first taxable year of the taxpayer beginning in 2010 . (b) Effective date The amendment made by this section shall apply to credits determined in taxable years beginning after December 31, 2012. 4. Alternative minimum tax rules for general business credits of eligible small businesses reinstated and made permanent (a) In general Paragraph (5) of section 38(c) is amended— (1) by striking determined in taxable years beginning in 2010 in subparagraph (A), and (2) by striking in 2010 in the heading of such paragraph. (b) Effective date The amendments made by this section shall apply to credits determined in taxable years beginning after December 31, 2012, and to carrybacks of such credits. 5. Reduction in recognition period for built-in gains tax made permanent (a) In general Subparagraph (A) of section 1374(d)(7) is amended by striking 10-year period and inserting 5-year period . (b) Conforming amendments (1) Paragraph (7) of section 1374(d) is amended by striking subparagraphs (B) and (C) and by redesignating subparagraph (D) as subparagraph (B). (2) Subparagraph (B) of section 1374(d)(7), as redesignated by paragraph (1), is amended by striking section 593(e)— and all that follows and inserting section 593(e), subparagraph (A) shall be applied without regard to the phrase 5-year . . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 6. Increased expensing limitations and treatment of certain real property as section 179 property made permanent (a) In general Subsection (b) of section 179 is amended— (1) by striking shall not exceed— and all that follows in paragraph (1) and inserting shall not exceed $500,000. , and (2) by striking exceeds— and all that follows in paragraph (2) and inserting exceeds $2,000,000. . (b) Computer software Clause (ii) of section 179(d)(1)(A) is amended by striking and which is placed in service in a taxable year beginning after 2002 and before 2014, . (c) Election Paragraph (2) of section 179(c) is amended to read as follows: (2) Revocation of election Any election made under this section, and any specification contained in any such election, may be revoked by the taxpayer with respect to any property, and such revocation, once made, shall be irrevocable. . (d) Special rules for treatment of qualified real property Paragraph (1) of section 179(f) is amended by striking beginning in 2010, 2011, 2012, or 2013 . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 7. Special rule for long-term contract accounting made permanent (a) In general Subparagraph (B) of section 460(c)(6) is amended by striking which— and all that follows and inserting which has a recovery period of 7 years or less. . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 8. Increase of amount allowed as a deduction for start-up expenditures reinstated and made permanent (a) In general Clause (ii) of section 195(b)(1)(A) is amended— (1) by striking $5,000 and inserting $10,000 , and (2) by striking $50,000 and inserting $60,000 . (b) Conforming amendment Subsection (b) of section 195 is amended by striking paragraph (3). (c) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2012. 9. Allowance of deduction for health insurance in computing self-employment taxes reinstated and made permanent (a) In general Paragraph (4) of section 162(l) is amended by striking , or after December 31, 2010 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr886ih/xml/BILLS-113hr886ih.xml

113-hr-887

I 113th CONGRESS 1st Session H. R. 887 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Pompeo (for himself, Mr. Chabot , Mr. McClintock , Mr. Lamborn , Mr. Westmoreland , Mr. Amash , Mr. Scalise , Mr. Kline , and Mr. Bentivolio ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To terminate the Economic Development Administration, and for other purposes. 1. Short title This Act may be cited as the EDA Elimination Act of 2013 . 2. Termination of Economic Development Administration (a) Termination The Economic Development Administration is terminated. (b) Repeal The Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) is repealed. (c) Conclusion of business The Secretary of Commerce shall take such actions as may be necessary and appropriate to conclude the outstanding affairs of the Economic Development Administration, including dispositions of personnel, assets, and obligations. (d) Limitation on statutory construction This section may not be construed to prevent the expenditure of any funds received before the effective date of this Act. Such funds shall be subject to the laws and regulations that would have applied to the funds if this section had not been enacted. 3. Effective date This Act shall take effect on the first day of the first fiscal year beginning after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr887ih/xml/BILLS-113hr887ih.xml

113-hr-888

I 113th CONGRESS 1st Session H. R. 888 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Pompeo (for himself, Mr. Matheson , Mr. Long , and Mr. Latta ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 112(r) of the Clean Air Act (relating to prevention of accidental releases). 1. Short title This Act may be cited as the General Duty Clarification Act of 2013 . 2. Prevention of accidental releases (a) Purpose and general duty Paragraph (1) of section 112(r) of the Clean Air Act ( 42 U.S.C. 7412(r) ) is amended— (1) by striking It shall be the objective and inserting the following: (A) In general It shall be the objective ; and (2) by adding at the end the following: (B) Regulations (i) Regulations Not later than 12 months after the date of enactment of the General Duty Clarification Act of 2013 , the Administrator shall promulgate regulations establishing criteria defining, for purposes of this paragraph, the terms extremely hazardous substance , appropriate hazard assessment techniques , and design and maintain a safe facility . (ii) Uniformity Not later than 18 months after the date of enactment of the General Duty Clarification Act of 2013 , the Administrator shall issue guidelines to ensure that enforcement of this paragraph is handled by the regional offices of the Environmental Protection Agency in a uniform and appropriate manner across all regions of the United States. . (b) Definition of accidental release Subparagraph (A) of section 112(r)(2) of the Clean Air Act ( 42 U.S.C. 7412(r)(2) ) is amended by inserting before the period at the end the following: , other than such an emission resulting from an act intended to cause harm . (c) Designs, approaches or technologies Subsection (r) of section 112 of the Clean Air Act ( 42 U.S.C. 7412(r) ) is amended by adding at the end the following: (12) Designs, approaches, or technologies In exercising any authority under this subsection, the Administrator shall not, directly or indirectly, impose any obligation on any owner or operator of any stationary source to consider or implement particular designs, approaches, or technologies relating to manufacturing, processing, handling, or storage. .

https://www.govinfo.gov/content/pkg/BILLS-113hr888ih/xml/BILLS-113hr888ih.xml

113-hr-889

I 113th CONGRESS 1st Session H. R. 889 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Ms. Lofgren (for herself, Ms. Eshoo , Ms. Matsui , and Mr. Honda ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Foreign Affairs , the Judiciary , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To combat trade barriers that threaten the maintenance of an open Internet, that mandate unique technology standards as a condition of market access and related measures, and to promote online free expression and the free flow of information. 1. Short title This Act may be cited as the Global Free Internet Act of 2013 . 2. Findings Congress finds the following: (1) A single, open, global Internet is a vital tool for facilitating the free and secure flow of information and products without regard to distances or national boundaries. (2) The goal of a single, open, global Internet is best supported by policies that— (A) encourage utilization on a global basis of technology standards set by international standards-setting organizations, including industry-led and other voluntary bodies, and selected by the market; (B) respect the security of information, privacy, and speech of Internet users; (C) promote investment in Internet-related innovation; (D) refrain from compelling Internet service providers and other intermediaries to restrict the free flow of information on the Internet; and (E) allow trade in Internet-related goods, services, information, and content. (3) Certain governments and international bodies are adopting or considering policies contrary to the goal of a free, open Internet, including— (A) mandating unique technology standards favoring domestic producers as a condition of market access or pursuing related policies regarding standard-setting that are discriminatory and subvert the open, global nature of the Internet; (B) sponsoring or tolerating the use of Internet-related tools to gain unauthorized access to public-sector and private-sector networks in the United States to disrupt their operation; (C) blocking, filtering, or otherwise restricting Internet communications in a manner that discriminates against Internet-based services and content originating in other countries; (D) monitoring Internet use and communications in a manner that restricts individual privacy and freedom; and (E) imposing market access requirements or liabilities that discriminate against or otherwise impede Internet-related goods, services and content from other countries. (4) Such actions threaten the interests of the United States by— (A) facilitating attempts by foreign governments to restrict or disrupt the free flow of information on the Internet; (B) promoting national Internets in conflict with the underlying rationale and architecture of the Internet as originally envisioned and constructed, thereby compromising the Internet’s full functionality and promise; (C) harming United States workers and businesses, undermining a strong United States industrial base, and putting foreign competitors at an advantage; and (D) putting at risk the utility of the Internet as a tool of open communication, assembly, and commerce, and the individuals who seek to use it for such purposes. 3. Task force on the Global Internet (a) Establishment (1) In general There is established within the executive branch a Task Force on the Global Internet (in this Act referred to as the Task Force ), hosted by the Department of Commerce. (2) Chairperson The President shall select from among the members of the Task Force under subsection (b)(1) to serve as Chairperson. (b) Composition The Task Force shall consist of the following: (1) Four United States persons with substantial expertise in Internet policy who are not employees or officers of Federal, State, local, or tribal governments and who— (A) are nominated by the public through a process managed by the Department of Commerce that solicits public recommendations through the Internet and are appointed by the President, acting through the President’s Council of Advisors on Science and Technology; and (B) shall serve on the Task Force for renewable terms not to exceed 3 years. (2) The leader of the majority party in the Senate and the leader of the minority party in the Senate shall each appoint one United States person with substantial expertise in Internet policy to serve on the Task Force for renewable terms not to exceed 3 years. (3) The Speaker of the House of Representatives and the leader of the minority party in the House of Representatives shall each appoint one United States person with substantial expertise in Internet policy to serve on the Task Force for renewable terms not to exceed 3 years. (4) The United States Trade Representative, the Secretary of Homeland Security, the Assistant Secretary for Communications and Information of the National Telecommunications and Information Administration, the Chair of the Privacy and Civil Liberties Oversight Board, the head of the Internet Corporation for Assigned Names and Numbers, and the heads of other Federal departments and agencies as determined to be appropriate by the President, acting through their respective designees. (c) Staff of Federal agencies Upon request of the Task Force, the head of any Federal department or agency or other Federal official described in subsection (b)(4) may detail, with or without reimbursement, any of the personnel or services of the relevant Federal department or agency to the Task Force to assist it in carrying out its functions. (d) Functions In addition to such other responsibilities the President may assign, the Task Force shall— (1) develop and implement strategies in response to foreign and domestic government policies that— (A) unjustifiably or unreasonably burden or restrict international trade in Internet-related goods, services, and content; (B) mandate or otherwise preference Internet-related technology standards and related measures; (C) impede the free flow of information on the Internet; or (D) otherwise threaten the open, global nature of the Internet, the interests of Internet users and the United States in Internet-related international trade and discourse; (2) consult and share timely information with civil society groups with expertise in Internet policy; (3) coordinate the activity of all Federal departments and agencies as necessary to implement the strategies developed in accordance with paragraph (1); (4) prepare a report and action plan in accordance with section 4; (5) hold public hearings and solicit public comment through the Federal Register and the website for the Task Force as appropriate; and (6) appoint a Task Force member, responsible for serving as a point of contact for correspondence and inquiries related to the activities of the Task Force. 4. Report and action plan to the President and Congress (a) In general Not later than 15 months after the date of the enactment of this Act, and annually thereafter, the Task Force shall transmit to the President and the appropriate congressional committees a report and action plan that— (1) identifies acts, policies, or practices of the United States, foreign governments, or international bodies, and related measures that— (A) deny fair and equitable market access to or otherwise unjustifiably or unreasonably burden or restrict discourse or trade in Internet-related goods, services, and content; (B) mandate, give preference to, or promote Internet-related technology standards that diverge from widely adopted international standards, or otherwise lead to the adoption of discriminatory or trade-restrictive technology standards or conformity assessment procedures; or (C) otherwise threaten the interests of the United States in the technical operation, security, and free flow of global Internet communications; (2) estimates the trade-distorting impact or extent of suppression of free expression of measures identified under paragraph (1) on United States commerce, the interests of Internet users, and the functioning of the Internet; (3) designates which measures identified under paragraph (1) are priority concerns; (4) sets forth a strategy and actions to be taken by Federal departments and agencies in response to measures identified under paragraph (1); and (5) provides information with respect to any action taken (or the reasons if no action is taken) in response to any such measures identified in prior years’ reports, including such actions as are required under section 5. (b) Form of reports The reports and action plans required under subsection (a) may contain a classified annex if the Task Force determines that such is appropriate. (c) Coordination and notice In preparing each annual report and action plan required under subsection (a), the Task Force shall— (1) seek public participation by— (A) publishing a notice in the Federal Register that includes instructions on how the public may submit comments on the report and plan; (B) holding at least one public hearing; and (C) establishing a website for the Task Force that publishes timely information regarding the Task Force’s activities and provides an opportunity for the public to submit comments to the Task Force; (2) consult and coordinate with all relevant executive branch departments and agencies; (3) consult and share timely information with civil society groups with expertise in Internet policy; and (4) take into account information from such sources as may be available to the United States Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)) and petitions submitted under section 302 of such Act (19 U.S.C. 2412). (d) Publication The Task Force shall publish in the Federal Register the report and action plan transmitted to Congress under subsection (a), but shall omit information transmitted to Congress under subsection (b). (e) Definition In this section, the term appropriate congressional committees means— (1) the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Energy and Commerce of the House of Representatives; and (2) the Committee on Finance, the Committee on the Judiciary, and the Committee on Commerce, Science, and Transportation of the Senate. 5. Section 301 investigation and potential sanctions Not later than 30 days after the transmission of each annual report and action plan required under section 4, the United States Trade Representative shall, in accordance with the requirements of sections 301 through 304 of the Trade Act of 1974 (19 U.S.C. 2411 through 2414), initiate an investigation, make any determinations required, and take any actions specified under such sections with respect to any acts, policies, or practices of a foreign government or international body that are identified in each such annual report and action plan as priority concerns, including restrictions on sale in the United States of products developed and manufactured in countries implementing such acts, policies, or practices. 6. Review and investigation by Federal Trade Commission and Department of Justice (a) Review and investigation The Federal Trade Commission and the Attorney General shall— (1) review each act, policy, or practice described in paragraph (1) of section 4(a) that is contained in a report or an action plan transmitted under such section to Congress; and (2) investigate whether such act, policy, or practice (or any related action by a nongovernmental entity) violates the antitrust laws of the United States. (b) Definition For purposes of this section, the term antitrust laws has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section 5 applies to unfair methods of competition. 7. Report to President and Congress on international trade agreements (a) Report Not later than 2 years after the date of the enactment of this Act, the Task Force shall submit to the President and the appropriate congressional committees a report that— (1) assesses the sufficiency of existing multilateral and bilateral trade agreements in— (A) promoting international trade in Internet-related goods, services, and content; (B) encouraging the utilization on a global basis of technology standards set by international standard-setting organizations; (C) protecting the security and functioning of the Internet; (D) facilitating the free flow of information on the Internet; and (E) protecting the interests of Internet users; and (2) recommends, as appropriate, modifications of existing agreements or the negotiation of new agreements to advance the objectives identified in paragraph (1). (b) Sense of congress It is the sense of Congress that the negotiating objectives of the United States for future bilateral and multilateral trade agreements should include the goals specified in subsection (a)(1). (c) Form of reports The report required under subsection (a) may contain a classified annex if the Task Force determines that such is appropriate. (d) Coordination and notice In preparing each report required under subsection (a), the Task Force shall— (1) seek public participation by— (A) publishing a notice in the Federal Register that includes instructions on how the public may submit comments on the report and plan; (B) holding at least one public hearing; and (C) establishing a website for the Task Force that publishes timely information regarding the Task Force’s activities and provides an opportunity for the public to submit comments to the Task Force; (2) consult and coordinate with all relevant Federal departments and agencies; (3) consult and share timely information with civil society groups with expertise in Internet policy; and (4) take into account information from such sources as may be available to the United States Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)) and petitions submitted under section 302 of such Act (19 U.S.C. 2412). (e) Publication The Task Force shall publish in the Federal Register the report transmitted to Congress under subsection (a), but shall omit information transmitted to Congress under subsection (c). (f) Definition In this section, the term appropriate congressional committees means— (1) the Committee on Ways and Means, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Finance, the Committee on the Judiciary, and the Committee on Commerce, Science, and Transportation of the Senate. 8. Standards-related training The Task Force shall coordinate with intergovernmental, national government, and private sector entities, including the National Institute of Standards and Technology, the Patent and Trademark Office, the Trade and Development Agency, the United States Telecommunications Training Institute, the United States Agency for International Development, the Federal Trade Commission, and any other appropriate entities, for the purpose of organizing training of foreign and domestic government officials and national standard-setting and conformity assessment bodies with respect to best practices, including coordination with nongovernmental international and domestic standards bodies, in accordance with the annual report and action plan required under section 4. 9. Outside consultation The Task Force shall establish a regularized process to receive and respond to timely input from businesses, organizations, experts, and other interested parties regarding the fulfillment of its functions.

https://www.govinfo.gov/content/pkg/BILLS-113hr889ih/xml/BILLS-113hr889ih.xml

113-hr-890

I 113th CONGRESS 1st Session H. R. 890 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Camp (for himself, Mr. Kline , Mr. Scalise , and Mr. Southerland ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit waivers relating to compliance with the work requirements for the program of block grants to States for temporary assistance for needy families, and for other purposes. 1. Short title This Act may be cited as the Preserving Work Requirements for Welfare Programs Act of 2013 . 2. Prohibition on TANF waivers relating to compliance with the TANF work requirements (a) In general Notwithstanding any other provision of law, the Secretary of Health and Human Services may not do the following: (1) Finalize, implement, enforce, or otherwise take any action to give effect to the Information Memorandum dated July 12, 2012 (Transmittal No. TANF–ACF–IM–2012–03), or to any administrative action relating to the same subject matter set forth in the Information Memorandum or that reflects the same or similar policies as those set forth in the Information Memorandum. (2) Authorize, approve, renew, modify, or extend any experimental, pilot, or demonstration project under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) that waives compliance with a requirement of section 407 of such Act ( 42 U.S.C. 607 ) through a waiver of section 402 of such Act ( 42 U.S.C. 602 ) or that provides authority for an expenditure which would not otherwise be an allowable use of funds under a State program funded under part A of title IV of such Act (42 U.S.C. 601 et seq.) with respect to compliance with the work requirements in section 407 of such Act to be regarded as an allowable use of funds under that program for any period. (b) Rescission of waivers Any waiver relating to the subject matter set forth in the Information Memorandum or described in subsection (a)(2) that is granted before the date of the enactment of this Act is hereby rescinded and shall be null and void.

https://www.govinfo.gov/content/pkg/BILLS-113hr890ih/xml/BILLS-113hr890ih.xml

113-hr-891

I 113th CONGRESS 1st Session H. R. 891 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Carson of Indiana introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a grant program in the Bureau of Consumer Financial Protection to fund the establishment of centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old, and for other purposes. 1. Short title This Act may be cited as the Young Americans Financial Literacy Act . 2. Findings The Congress finds as follows: (1) Since 2007, there has been a nearly 20-percent drop in the number of 18-year-olds with bank accounts, and in 2012, nearly one in three Americans don’t pay their bills on time. (2) Ninety percent of Americans believe all high school students should be required to take a class in financial education. (3) Eighty percent of parents believe schools are teaching money management and budgeting, while over 70 percent of teachers are not teaching financial literacy. (4) According to a 2010 survey, only a few States have adopted varying degrees of financial literacy curriculum, and only four States require high school students to take a semester long course. (5) Two in five U.S. adults gave themselves a C, D or F on their knowledge of personal finance. In 2011, 76 percent admitted they could benefit from additional advice and answers to everyday financial questions from a professional. (6) Two in five adults indicated that they are now saving less than they were one year ago. (7) Most adults feel that their financial literacy skills are inadequate, yet they do not rely on anyone else to handle their finances; they feel it is important to know more but have received no financial education. (8) It is necessary to respond immediately to the pressing needs of individuals faced with the loss of their financial stability, however increased attention must also be paid to financial literacy education reform and long-term solutions to prevent future personal financial disasters. (9) There is an urgent need to respond to the economic recovery with research-based financial literacy education programs to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and the unique needs of military personnel and their families. (10) More than 70 percent of parents say they have spoken with their teens about credit and using credit cards wisely, while less than 44 percent of the teenaged children of those respondents say their parents have talked to them about credit cards. (11) Seventy-six percent of parents surveyed said their high school student does not have a budget. (12) Seventy-five percent of 16 to 18-year-olds say learning more about budgeting and money management is one of their top priorities. Researchers document a snowball effect that such early efforts exponentially increase the likelihood that students will pursue more financial education as time goes on. (13) High school and college students who are exposed to cumulative financial education show an increase in financial knowledge, which in turn drives increasingly responsible behavior as they become young adults. (14) Sixty percent of parents identify their teens as quick spenders , and most acknowledge they could do a better job of teaching and preparing kids for the financial challenges of adulthood, including budgeting, saving, and investing. (15) Ninety-three percent of teens surveyed in a 2012 report say they are not involved in paying household bills or managing the household budget. Forty-six percent admit to not knowing how to create a budget. (16) The majority (52 percent) of young adults between the ages of 23–28 consider making better choices about managing money the single most important issue for individual Americans to act on today. (17) According to the Government Accountability Office, giving Americans the information they need to make effective financial decisions can be key to their well-being and to the country’s economic health. The recent financial crisis, when many borrowers failed to fully understand the risks associated with certain financial products, underscored the need to improve individuals’ financial literacy and empower all Americans to make informed financial decisions. This is especially true for young people as they are earning their first paychecks, securing student aid, and establishing their financial independence. Therefore, focusing economic education and financial literacy efforts and best practices for young people between the ages of 8–24 is of utmost importance. 3. Authorization for funding the establishment of centers of excellence in financial literacy education (a) In general The Director of the Bureau of Consumer Financial Protection, in consultation with the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act, may make competitive grants to and enter into agreements with eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old. (b) Authorized activities Activities authorized to be funded by grants made under subsection (a) shall include the following: (1) Developing and implementing comprehensive research based financial literacy education programs for young people— (A) based on a set of core competencies and concepts established by the Director, including goal setting, planning, budgeting, managing money or transactions, tools and structures, behaviors, consequences, both long- and short-term savings, managing debt and earnings; and (B) which can be incorporated into educational settings through existing academic content areas, including materials that appropriately serve various segments of at-risk populations, particularly minority and disadvantaged individuals. (2) Designing instructional materials using evidence-based content for young families and conducting related outreach activities to address unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending. (3) Developing and supporting the delivery of professional development programs in financial literacy education to assure competence and accountability in the delivery system. (4) Improving access to, and dissemination of, financial literacy information for young people and families. (5) Reducing student loan default rates by developing programs to help individuals better understand how to manage educational debt through sustained educational programs for college students. (6) Conducting ongoing research and evaluation of financial literacy education programs to assure learning of defined skills and knowledge, and retention of learning. (7) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities. (c) Priority for certain applications The Director shall give a priority to applications that— (1) provide clear definitions of financial literacy and financially literate to clarify educational outcomes; (2) establish parameters for identifying the types of programs that most effectively reach young people and families in unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending; (3) include content that is appropriate to age and socioeconomic levels; (4) develop programs based on educational standards, definitions, and research; (5) include individual goals of financial independence and stability; and (6) establish professional development and delivery systems using evidence-based practices. (d) Application and evaluation standards and procedures; distribution criteria The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. (e) Limitation on grant amounts (1) In general The aggregate amount of grants made under this section during any fiscal year may not exceed $55,000,000. (2) Termination No grants may be made under this section after the end of fiscal year 2018. (f) Definitions For purposes of this Act the following definitions shall apply: (1) Director The term Director means the Director of the Bureau of Consumer Financial Protection. (2) Eligible institution The term eligible institution means a partnership of two or more of the following: (A) Institution of higher education. (B) Local educational agency. (C) A nonprofit agency, organization, or association. (D) A financial institution. (3) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr891ih/xml/BILLS-113hr891ih.xml

113-hr-892

I 113th CONGRESS 1st Session H. R. 892 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Reichert (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for S corporation reform, and for other purposes. 1. Short title, reference (a) Short Title This Act may be cited as the S Corporation Modernization Act of 2013 . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. 2. Reduced recognition period for built-in gains made permanent (a) In general Paragraph (7) of section 1374(d) (relating to definitions and special rules) is amended to read as follows: (7) Recognition period The term recognition period means the 5-year period beginning with the 1st day of the 1st taxable year for which the corporation was an S corporation. For purposes of applying this section to any amount includible in income by reason of distributions to shareholders pursuant to section 593(e), the preceding sentence shall be applied without regard to the duration of the recognition period in effect on the date of such distribution. . (b) Effective date The amendment made by this section— (1) shall apply for purposes of determining the recognition period with respect to 1st days referred to in section 1374(d)(7) of the Internal Revenue Code of 1986 occurring before, on, or after January 1, 2013, but (2) shall not apply for purposes of determining the tax imposed by section 1374 of such Code for taxable years ending before such date. 3. Repeal of excessive passive investment income as a termination event (a) In general Paragraph (3) of section 1362(d) (relating to termination) is amended by adding at the end the following new subparagraph: (D) Termination This paragraph shall not apply to taxable years beginning after December 31, 2012. . (b) Effective Date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. 4. Modifications to passive income rules (a) Increased Limit (1) In general Paragraph (2) of section 1375(a) (relating to tax imposed when passive investment income of corporation having accumulated earnings and profits exceeds 25 percent of gross receipts) is amended by striking 25 percent and inserting 60 percent . (2) Conforming amendments (A) Subparagraph (J) of section 26(b)(2) is amended by striking 25 percent and inserting 60 percent . (B) Clause (i) of section 1375(b)(1)(A) is amended by striking 25 percent and inserting 60 percent . (C) The heading for section 1375 is amended by striking 25 percent and inserting 60 percent . (D) The table of sections for part III of subchapter S of chapter 1 is amended by striking 25 percent in the item relating to section 1375 and inserting 60 percent . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 5. Expansion of qualifying beneficiaries of an electing small business trust (a) No Look Through for Eligibility Purposes Clause (v) of section 1361(c)(2)(B) (relating to treatment as shareholders) is amended by adding at the end the following new sentence: This clause shall not apply for purposes of subsection (b)(1)(C). . (b) Effective date The amendment made by this section shall take effect on January 1, 2013. 6. Expansion of S corporation eligible shareholders to include IRAs (a) In General Clause (vi) of section 1361(c)(2)(A) (relating to certain trusts permitted as shareholders) is amended to read as follows: (vi) A trust which constitutes an individual retirement account under section 408(a), including one designated as a Roth IRA under section 408A. . (b) Sale of Stock in IRA Relating to S Corporation Election Exempt From Prohibited Transaction Rules Paragraph (16) of section 4975(d) (relating to exemptions) is amended to read as follows: (16) a sale of stock held by a trust which constitutes an individual retirement account under section 408(a) to the individual for whose benefit such account is established if— (A) such sale is pursuant to an election under section 1362(a) by the issuer of such stock, (B) such sale is for fair market value at the time of sale (as established by an independent appraiser) and the terms of the sale are otherwise at least as favorable to such trust as the terms that would apply on a sale to an unrelated party, (C) such trust does not pay any commissions, costs, or other expenses in connection with the sale, and (D) the stock is sold in a single transaction for cash not later than 120 days after the S corporation election is made. . (c) Effective Date The amendments made by this section shall take effect on January 1, 2013. 7. Allowance of deduction for charitable contributions for electing small business trusts (a) In general Section 641(c)(2)(C) (relating to modifications) is amended by adding at the end the following new sentence: The deduction for charitable contributions allowed under clause (i) shall be determined without regard to section 642(c), and the limitations imposed by section 170(b)(1) on the amount of the deduction shall be applied to the electing small business trust as if it were an individual. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. 8. Permanent rule regarding basis adjustment to stock of S corporations making charitable contributions of property (a) In general Section 1367(a)(2) (relating to decreases in basis) is amended by striking the last sentence. (b) Effective date The amendment made by this section shall apply to contributions made in taxable years beginning after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr892ih/xml/BILLS-113hr892ih.xml

113-hr-893

I 113th CONGRESS 1st Session H. R. 893 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Ms. Ros-Lehtinen (for herself and Mr. Sherman ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Oversight and Government Reform , the Judiciary , Science, Space, and Technology , Financial Services , and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the imposition of sanctions with respect to foreign persons who transfer to or acquire from Iran, North Korea, or Syria certain goods, services, or technology that contribute to the proliferation activities of Iran, North Korea, or Syria, and for other purposes. 1. Short title and table of contents (a) Short title This Act may be cited as the Iran, North Korea, and Syria Nonproliferation Accountability Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Statement of policy. Sec. 3. Imposition of sanctions against certain foreign persons. Sec. 4. Determination exempting a foreign person from the imposition of certain sanctions. Sec. 5. Restrictions on nuclear cooperation with countries aiding proliferation by Iran, North Korea, or Syria. Sec. 6. Identification of countries that enable proliferation to or from Iran, North Korea, or Syria. Sec. 7. Prohibition on United States assistance to countries assisting proliferation activities by Iran, North Korea, or Syria. Sec. 8. Restriction on extraordinary payments in connection with the International Space Station. Sec. 9. Exclusion from the United States of senior officials of foreign persons who have aided proliferation relating to Iran, North Korea, and Syria. Sec. 10. Prohibition on certain vessels landing in the United States; enhanced inspections. Sec. 11. Sanctions with respect to critical defense resources provided to or acquired from Iran, North Korea, or Syria. Sec. 12. Multilateral actions against Iran, North Korea, or Syria. Sec. 13. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities. Sec. 14. Definitions. Sec. 15. Repeal of Iran, North Korea, and Syria Nonproliferation Act. Sec. 16. Rule of construction. 2. Statement of policy It shall be the policy of the United States to fully implement and enforce sanctions against any person, entity, or country that assists the proliferation activities or policies of Iran, North Korea, or Syria. 3. Imposition of sanctions against certain foreign persons (a) In general Not later than 90 days after the day of the enactment of this Act, the President shall impose, for a period of not less than two years, the sanctions specified in subsection (c) with respect to a foreign person if the President determines and certifies to the appropriate congressional committees that the person— (1) (A) on or after September 1, 2007, transferred to or acquired from Iran, North Korea, or Syria— (i) goods, services, or technology listed on— (I) the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions); (II) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; (III) the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; (IV) the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or (V) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; or (ii) goods, services, or technology not listed on any list specified in clause (i) but which nevertheless would be, if such goods, services, or technology were United States goods, services, or technology, prohibited for export to Iran, North Korea, or Syria, as the case may be, because of the potential of such goods, services or technology to contribute to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems or destabilizing types and amounts of conventional weapons; and (B) with respect to the transfer of goods, services, or technology, knew or should have known that the transfer of goods, services, or technology, to Iran, North Korea, or Syria, as the case may be, would contribute to the ability of Iran, North Korea, or Syria, as the case may be, to— (i) acquire or develop chemical, biological, or nuclear weapons or related technologies; or (ii) acquire or develop advanced or destabilizing types and numbers of conventional weapons; (2) (A) on or after September 1, 2007, transferred to another person goods, services, or technology described in paragraph (1)(A)(i) or (ii); and (B) knew or should have known that the transfer of goods, services, or technology to another person would likely result in such other person exporting, transferring, transshipping, or otherwise providing the goods, services, technology to the Government of Iran, North Korea, or Syria, or to a person acting on behalf of or owned or controlled by, the Government of Iran, North Korea, or Syria, as the case may be; (3) on or after September 1, 2007, acquired materials mined or otherwise extracted within the territory or control of Iran, North Korea, or Syria, as the case may be, for purposes relating to the nuclear, biological, or chemical weapons, or ballistic or cruise missile development programs of Iran, North Korea, or Syria, as the case may be; (4) on or after September 1, 2007, transferred to Iran, Syria, or North Korea goods, services, or technology that could assist efforts to extract or mill uranium ore within the territory or control of Iran, North Korea, or Syria, as the case may be; (5) on or after September 1, 2007, provided destabilizing types and amounts of conventional weapons and technical assistance to the Government of Iran, North Korea, or Syria, or to a person acting on behalf of or owned or controlled by, the Government of Iran, North Korea, or Syria, as the case may be; or (6) on or after August 10, 2010, provided a vessel, insurance or reinsurance, or any other shipping service for the transportation of goods to or from Iran, North Korea, or Syria for purposes relating to the nuclear, biological, or chemical weapons, or ballistic or cruise missile development programs of Iran, North Korea, or Syria, as the case may be. (b) Joint ventures relating to the mining, production, or transportation of uranium (1) In general Not later than 90 days after the date of the enactment of this Act, the President shall impose, for a period of not less than two years, the sanctions specified in subsection (c) with respect to a foreign person if the President determines that the person knowingly participated, on or after August 10, 2012, in a joint venture that involves any activity relating to the mining, production, or transportation of uranium— (A) (i) established on or after February 2, 2012; and (ii) with— (I) the Government of Iran, the Government of North Korea, or the Government of Syria; (II) an entity incorporated and subject to the jurisdiction of the Government of Iran, in North Korea or subject to the jurisdiction of the Government of North Korea, or Syria or subject to the jurisdiction of the Government of Syria, as the case may be; or (III) a person acting on behalf of or at the direction of, or owned or controlled by, the Government of Iran or an entity described in subclause (II) with respect to Iran, the Government of North Korea or an entity described in subclause (II) with respect to North Korea, or the Government of Syria or an entity described in subclause (II) with respect to Syria, as the case may be; or (B) (i) established before February 2, 2012; (ii) with the Government of Iran, an entity described in subclause (II) of subparagraph (A)(ii) with respect to Iran, or a person described in subclause (III) of that subparagraph with respect to Iran, the Government of North Korea, an entity described in subclause (II) of subparagraph (A)(ii) with respect to North Korea, or a person described in subclause (III) of that subparagraph with respect to North Korea, or the Government of Syria, an entity described in subclause (II) of subparagraph (A)(ii) with respect to Syria, or a person described in subclause (III) of that subparagraph with respect to Syria, as the case may; and (iii) through which— (I) uranium is transferred directly to Iran, North Korea, or Syria, as the case may be, or indirectly to Iran, North Korea, or Syria, as the case may be, through a third country; (II) the Government of Iran, the Government of North Korea, or the Government of Syria, as the case may be, receives significant revenue; or (III) Iran, North Korea, or Syria, as the case may be, could, through a direct operational role or by other means, receive technological knowledge or equipment not previously available to such country that could contribute materially to the ability of such country to develop nuclear weapons or related technologies. (2) Applicability of sanctions Paragraph (1) shall not apply with respect to participation in a joint venture established before August 10, 2012, if the person participating in the joint venture terminated, with respect to Iran, that participation not later than the date that is 180 days after such such date with respect to North Korea and Syria, terminates that participation not later than the date that is 90 days after the date of enactment of this Act. (c) Description of sanctions The sanctions referred to in subsections (a) and (b) are the following: (1) Executive Order 12938 prohibitions The measures specified in the first sentence of subsection (b) and subsections (c) and (d) of section 4 of Executive Order 12938 ( 50 U.S.C. 1701 note; relating to proliferation of weapons of mass destruction). (2) Arms export prohibition Prohibition on United States Government sales to a person described in subsection (a) or subsection (b) of any item on the United States Munitions List and termination of sales to such person of any defense articles, defense services, or design and construction services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ). (3) Dual use export prohibition Denial of licenses and suspension of existing licenses for the transfer to a foreign person described in subsection (a) or subsection (b) of items the export of which is controlled under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.), as in effect pursuant to the International Emergency Economic Powers Act, or the Export Administration Regulations. (4) Investment prohibition Prohibition on any investment by a United States person in property, including entities, owned or controlled by a foreign person described in subsection (a) or subsection (b). (5) Financing prohibition Prohibition on any approval, financing, or guarantee by a United States person, wherever located, of a transaction by a foreign person described in subsection (a) or subsection (b). (6) Financial assistance prohibition Denial by the United States Government of any credit, credit guarantees, grants, or other financial assistance by any agency of the United States Government to a foreign person described in subsection (a) or subsection (b). (7) Ban on investment in equity or debt of sanctioned person Prohibition on any United States person from investing in or purchasing significant amounts of equity or debt instruments of a foreign person described in subsection (a) or subsection (b). (8) Exclusion of corporate officers The Secretary of State shall deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a foreign person described in subsection (a) or subsection (b). (9) Sanctions on principal executive officers The President shall impose on the principal executive officer or officers of a foreign person described in subsection (a) or subsection (b), or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection. (d) Publication in Federal Register (1) In general The Secretary of the Treasury shall publish in the Federal Register notice of the imposition against a foreign person of sanctions pursuant to subsection (a) or subsection (b). (2) Content Each notice published in accordance with paragraph (1) shall include the name and address (where known) of each foreign person with respect to which sanctions have been imposed pursuant to subsection (a) of subsection (b). 4. Determination exempting a foreign person from the imposition of certain sanctions (a) In general The imposition of any sanction described in section 3(c) to a foreign person described in subsection (a) or (b) of section 3 shall cease to be effective beginning 30 days after the date on which the President determines and certifies to the appropriate congressional committees that— (1) in the case of a transfer or acquisition of goods, services, or technology described in section 3(a)(1)— (A) such person did not, on or after September 1, 2007, knowingly transfer to or acquire from Iran, North Korea, or Syria, as the case may be, such goods, services, or technology the apparent transfer of which caused such person to be subject to sanctions under section 3; (B) such transfer did not contribute to the efforts of Iran, North Korea, or Syria, as the case may be, to develop— (i) nuclear, biological, or chemical weapons, or ballistic or cruise missile systems, or weapons listed on the Wassenaar Arrangement Munitions List of July 12, 1996, or any subsequent revision of such List; or (ii) destabilizing types or amounts of conventional weapons or acquire technical assistance; (C) such person is subject to the primary jurisdiction of a government that is an adherent to one or more relevant nonproliferation regimes or that has a sanctions regime under its governing foreign law concerning Iran, North Korea, or Syria, and such transfer was made in accordance with the guidelines and parameters of all such relevant nonproliferation or sanctions regimes; or (D) the government with primary jurisdiction over such person has imposed meaningful penalties on such person on account of the transfer of such goods, services, or technology that caused such person to be subject to sanctions under section 3; (2) in the case of an acquisition of materials mined or otherwise extracted within the territory of Iran, North Korea, or Syria, as the case may be, described in section 3(a)(2) for purposes relating to the nuclear, biological, or chemical weapons, or ballistic or cruise missile development programs of Iran, North Korea, or Syria, as the case may be, such person did not acquire such materials; or (3) in the case of the provision of a vessel, insurance or reinsurance, or another shipping service for the transportation of goods to or from Iran, North Korea, or Syria, as the case may be, described in section 3(a)(3) for purposes relating to the nuclear, biological, or chemical weapons, or ballistic or cruise missile development programs of Iran, North Korea, or Syria, as the case may be, such person did not provide such a vessel or service. (b) Opportunity To provide information Congress urges the President— (1) in every appropriate case, to contact in a timely fashion each person described in subsection (a) or (b) of section 3, or the government with primary jurisdiction over such person, in order to afford such person, or such government, the opportunity to provide explanatory, exculpatory, or other additional information with respect to the transfer that caused such person to be subject to sanctions under section 3; and (2) to exercise the authority described in subsection (a) in all cases in which information obtained from each person described in subsection (a) or (b) of section 3, or from the government with primary jurisdiction over such person, establishes that the exercise of such authority is warranted. (c) Form of transmission (1) In general Except as provided in paragraph (2), the determination and report of the President under subsection (a) shall be transmitted in unclassified form. (2) Exception The determination and report of the President under subsection (a) may be transmitted in classified form if the President certifies to the appropriate congressional committees that it is vital to the national security interests of the United States to do so. 5. Restrictions on nuclear cooperation with countries aiding proliferation by Iran, North Korea, or Syria (a) In general (1) Restrictions Notwithstanding any other provision of law, on or after the date of the enactment of this Act— (A) no agreement for cooperation between the United States and the government of any country that is assisting the nuclear program of Iran, North Korea, or Syria, or transferring advanced conventional weapons or missiles to Iran, North Korea, or Syria may be submitted to the President or to Congress pursuant to section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ), (B) no such agreement may enter into force with respect to such country, (C) no license may be issued for export directly or indirectly to such country of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, and (D) no approval may be given for the transfer or retransfer directly or indirectly to such country of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, until the President makes the determination and report under paragraph (2). (2) Determination and report The determination and report referred to in paragraph (1) are a determination and report by the President, submitted to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, that— (A) Iran, North Korea, or Syria, as the case may, has ceased its efforts to design, develop, or acquire a nuclear explosive device or related materials or technology; or (B) the government of the country that is assisting the nuclear programs of Iran, North Korea, or Syria, as the case may be, or transferring advanced conventional weapons or missiles to Iran, North Korea, or Syria, as the case may be— (i) has suspended all nuclear assistance to Iran, North Korea, or Syria, as the case may be, and all transfers of advanced conventional weapons and missiles to Iran, North Korea, or Syria, as the case may be; and (ii) is committed to maintaining that suspension until Iran, North Korea, or Syria, as the case may be, has implemented measures that would permit the President to make the determination described in subparagraph (A). (b) Rules of construction The restrictions described in subsection (a)(1)— (1) shall apply in addition to all other applicable procedures, requirements, and restrictions described in the Atomic Energy Act of 1954 and other applicable Acts; (2) shall not be construed as affecting the validity of an agreement for cooperation between the United States and the government of a country that is in effect on the date of the enactment of this Act; and (3) shall not be construed as applying to assistance for the Bushehr nuclear reactor, unless such assistance is determined by the President to be contributing to the efforts of Iran to develop nuclear weapons. (c) Definitions In this section: (1) Agreement for cooperation The term agreement for cooperation has the meaning given that term in section 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014 b.). (2) Assisting the nuclear program of iran, north korea, or syria The term assisting the nuclear program of Iran, North Korea, or Syria means the intentional transfer to Iran, North Korea, or Syria by a government, or by a person subject to the jurisdiction of a government with the knowledge and acquiescence of that government, of goods, services, or technology listed on the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions), or the Nuclear Suppliers Group Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIR/254/Rev. 3/Part 2, and subsequent revisions). (3) Country that is assisting the nuclear program of iran, north korea, or syria or transferring advanced conventional weapons or missiles to iran, north korea, or syria The term country that is assisting the nuclear program of Iran, North Korea, or Syria or transferring advanced conventional weapons or missiles to Iran, North Korea, or Syria means any country determined by the President to be assisting the nuclear program of Iran, North Korea, or Syria or transferring advanced conventional weapons or missiles to Iran, North Korea, or Syria. (4) Transfer The term transfer means the conveyance of technological or intellectual property, or the conversion of intellectual or technological advances into marketable goods, services, or articles of value, developed and generated in one place, to another through illegal or illicit means to a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1)(A) of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act; 50 U.S.C. 1701 et seq.), section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)), and section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), is a government that has repeatedly provided support for acts of international terrorism. (5) Transferring advanced conventional weapons or missiles to iran, north korea, or syria The term transferring advanced conventional weapons or missiles to Iran, North Korea, or Syria means the intentional transfer to Iran, North Korea, or Syria by a government, or by a person subject to the jurisdiction of a government with the knowledge and acquiescence of that government, of goods, services, or technology listed on— (A) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; or (B) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions. 6. Identification of countries that enable proliferation to or from Iran, North Korea, or Syria (a) Annual report Not later than 90 days after the date of the enactment of this Act, and every 120 days thereafter, the President shall transmit to the appropriate congressional committees and make available to the public a report that identifies each person subject to sanctions under section 3 and each foreign country that allows one or more persons under the jurisdiction of such country to engage in activities that are sanctionable under section 3 despite requests by the United States Government to the government of such country to prevent such activities. (b) Form The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary to protect United States national security interests. 7. Prohibition on United States assistance to countries assisting proliferation activities by Iran, North Korea, or Syria (a) In general The President shall prohibit assistance (other than humanitarian assistance) under the Foreign Assistance Act of 1961 and shall not issue export licenses for defense articles or defense services under the Arms Export Control Act to— (1) a foreign country the government of which the President has received credible information is assisting Iran, North Korea, or Syria in the acquisition, development, or proliferation of weapons of mass destruction or ballistic missiles; or (2) a foreign country identified in the most-recent report transmitted to the appropriate congressional committees under section 6(a). (b) Resumption of assistance The President is authorized to provide assistance described in subsection (a) to a foreign country subject to the prohibition in subsection (a) if the President determines and notifies the appropriate congressional committees that there is credible information that the government of the country is no longer assisting Iran, North Korea, or Syria in the acquisition, development, or proliferation of weapons of mass destruction or ballistic missiles and has taken appropriate steps to correct the behavior that resulted in it being included in the report in section 6(A). (c) Definition In this section, the term assisting means providing material or financial support of any kind, including purchasing of material, technology or equipment from Iran, North Korea, or Syria. 8. Restriction on extraordinary payments in connection with the International Space Station (a) Restriction (1) In general Notwithstanding any other provision of law, no agency of the United States Government may make extraordinary payments in connection with the International Space Station to the Russian Aviation and Space Agency, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any other organization, entity, or element of the Government of the Russian Federation, unless, during the fiscal year in which such extraordinary payments are to be made, the President has made the determination described in subsection (b), and reported such determination to the Committee on Foreign Affairs and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate. (2) Waiver If the President is unable to make the determination described in subsection (b) with respect to a fiscal year in which extraordinary payments in connection with the International Space Station are to be made, the President is authorized to waive the application of paragraph (1) on a case-by-case basis with respect to the fiscal year if not less than 15 days prior to the date on which the waiver is to take effect the President submits to the appropriate congressional committees a report that contains— (A) the reasons why the determination described in subsection (b) cannot be made; (B) the amount of the extraordinary payment to be made under the waiver; (C) the steps being undertaken by the United States to ensure compliance by the Russian Federation with the conditions described in subsection (b); and (D) a determination of the President that the waiver is vital to the national interests of the United States. (b) Determination regarding Russian cooperation in preventing proliferation relating to Iran, North Korea, and Syria The determination referred to in subsection (a) is a determination by the President that— (1) it is the policy of the Government of the Russian Federation (including the law enforcement, export promotion, export control, and intelligence agencies of such Government) to oppose the proliferation to or from Iran, North Korea, and Syria of weapons of mass destruction and missile systems capable of delivering such weapons; (2) the Government of the Russian Federation (including the law enforcement, export promotion, export control, and intelligence agencies of such Government) has demonstrated and continues to demonstrate a sustained commitment to seek out and prevent the transfer to or from Iran, North Korea, and Syria of goods, services, and technology that could make a contribute to the nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems development programs of Iran; and (3) neither the Russian Aviation and Space Agency, nor any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, has, during the one-year period ending on the date of the determination under this subsection made transfers to or from Iran, North Korea, or Syria subject to sanctions under section 3(a) (other than transfers with respect to which a determination pursuant to section 5 has been or will be made). (c) Prior notification Not less than five days before making a determination under this section, the President shall notify the Committee on Foreign Affairs and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate of the President’s intention to make such a determination. (d) Written justification A determination of the President under this section shall include a written justification describing in detail the facts and circumstances supporting the President’s conclusion. (e) Transmission in classified form If the President considers it appropriate, a determination of the President under this section, a prior notification under subsection (c), and a written justification under subsection (d), or appropriate parts thereof, may be transmitted in classified form. (f) Exception for crew safety (1) Exception The National Aeronautics and Space Administration may make extraordinary payments in connection with the International Space Station to the Russian Aviation and Space Agency or any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any subcontractor thereof, that would otherwise be prohibited under this section if the President notifies Congress in writing that such payments are necessary to prevent the imminent loss of life of or grievous injury to individuals aboard the International Space Station. (2) Report Not later than 30 days after notifying Congress that the National Aeronautics and Space Administration will make extraordinary payments under paragraph (1), the President shall transmit to Congress a report describing— (A) the extent to which the provisions of subsection (b) had been met as of the date of notification; and (B) the measures that the National Aeronautics and Space Administration is taking to ensure that— (i) the conditions posing a threat of imminent loss of life of or grievous injury to individuals aboard the International Space Station necessitating the extraordinary payments are not repeated; and (ii) it is no longer necessary to make extraordinary payments in order to prevent imminent loss of life of or grievous injury to individuals aboard the International Space Station. (g) Service Module exception (1) In general The National Aeronautics and Space Administration may make extraordinary payments in connection with the International Space Station to the Russian Aviation and Space Agency, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any subcontractor thereof, that would otherwise be prohibited under this section for the construction, testing, preparation, delivery, launch, or maintenance of the Service Module, and for the purchase (at a total cost not to exceed $14,000,000) of the pressure dome for the Interim Control Module and the Androgynous Peripheral Docking Adapter and related hardware for the United States propulsion module, if— (A) the President has notified Congress at least five days before making such payments; (B) the entity is not subject to sanctions under section 3(a) with respect to an activity of the entity to receive such payment, and the President has no credible information of any activity that would require such a report; and (C) the United States will receive goods or services of value to the United States commensurate with the value of the extraordinary payments made. (2) Definition For purposes of this subsection, the term maintenance means activities that cannot be performed by the National Aeronautics and Space Administration and which must be performed in order for the Service Module to provide environmental control, life support, and orbital maintenance functions which cannot be performed by an alternative means at the time of payment. (3) Termination This subsection shall cease to be effective on the date that is 60 days after the date on which a United States propulsion module is in place at the International Space Station. (h) Exception No agency of the United States Government may make extraordinary payments in connection with the International Space Station, or any other payments in connection with the International Space Station, to any foreign person subject to measures applied pursuant to section 4 of Executive Order 12938 (November 14, 1994), as amended by Executive Order 13094 (July 28, 1998). (i) Report on certain payments related to International Space Station (1) In general The President shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that identifies each Russian entity or person to whom the United States Government has, since November 22, 2005, made a payment in cash or in kind for work to be performed or services to be rendered under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto. (2) Content Each report transmitted under paragraph (1) shall include— (A) the specific purpose of each payment made to each entity or person identified in such report; and (B) with respect to each such payment, the assessment of the President that the payment was not prejudicial to the achievement of the objectives of the United States Government to prevent the proliferation of ballistic or cruise missile systems in Iran and other countries that have repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ), section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405(j) ), or section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ). 9. Exclusion from the United States of senior officials of foreign persons who have aided proliferation relating to Iran, North Korea, and Syria Except as provided in subsection (b), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien whom the Secretary of State determines is an alien who, on or after the date of the enactment of this Act, is a— (1) corporate officer, principal, or shareholder with a controlling interest of a foreign person subject to sanctions under section 3(a); (2) corporate officer, principal, or shareholder with a controlling interest of a successor entity to, or a parent or subsidiary of, a foreign person identified in such a report; (3) corporate officer, principal, or shareholder with a controlling interest of an affiliate of a foreign person identified in such a report, if such affiliate engaged in the activities referred to in such report, and if such affiliate is controlled in fact by the foreign person identified in such report; or (4) spouse, minor child, or agent of a person excludable under paragraph (1), (2), or (3). 10. Prohibition on certain vessels landing in the United States; enhanced inspections The Ports and Waterways Safety Act ( 33 U.S.C. 1221 et seq. ) is amended by adding at the end the following: 16. Prohibition on certain vessels landing in the United States; enhanced inspections (a) Certification requirement (1) In general Beginning on the date of enactment of the Iran, North Korea, and Syria Nonproliferation Accountability Act of 2013, before a vessel arrives at a port in the United States, the owner, charterer, operator, or master of the vessel shall certify that the vessel did not enter a port in Iran, North Korea, or Syria during the 180-day period ending on the date of arrival of the vessel at the port in the United States. (2) False certifications The Secretary shall prohibit from landing at a port in the United States for a period of at least 2 years— (A) any vessel for which a false certification was made under section (a); and (B) any other vessel owned or operated by a parent corporation, partnership, association, or individual proprietorship of the vessel for which the false certification was made. (b) Enhanced inspections The Secretary shall— (1) identify foreign ports at which vessels have landed during the preceding 12-month period that have also landed at ports in Iran, North Korea, or Syria during that period; and (2) inspect vessels arriving in the United States from foreign ports identified under paragraph (1) to establish whether the vessel was involved, during the 12-month period ending on the date of arrival of the vessel at the port in the United States, in any activity that would be subject to sanctions under the Iran, North Korea, and Syria Nonproliferation Accountability Act of 2013 . . 11. Sanctions with respect to critical defense resources provided to or acquired from Iran, North Korea, or Syria (a) In general The President shall impose the sanctions described in subsection (b) to any person the President determines is, on or after the date of the enactment of this Act, providing to, or acquiring from, Iran, North Korea, or Syria any goods, services, or technology the person knows, or should know, is used, or is likely to be used, for military application. (b) Sanctions described The sanctions described in this subsection are, with respect to a person described in subsection (a), the following: (1) Foreign exchange Prohibiting any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which that person has any interest. (2) Banking transactions Prohibiting any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of that person. (3) Property transactions Prohibiting any person from— (A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the person described in subsection (a) has any interest; (B) dealing in or exercising any right, power, or privilege with respect to such property; or (C) conducting any transaction involving such property. (4) Loan guarantees Prohibiting the head of any Federal agency from providing a loan guarantee to that person. (5) Additional sanctions Additional sanctions, as appropriate, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ). (c) Restrictions on export licenses for nuclear cooperation and certain loan guarantees Before issuing a license for the exportation of any article pursuant to an agreement for cooperation under section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ) or approving a loan guarantee or any other assistance provided by the United States Government with respect to a nuclear energy project, the Secretary of Energy, the Secretary of Commerce, and the Nuclear Regulatory Commission shall certify to Congress that issuing the license or approving the loan guarantee or other assistance (as the case may be) will not permit the transfer of any good or technology described in subsection (a) to Iran, North Korea, or Syria. (d) Exception The sanctions described in subsection (b) shall not apply to the repayment or other satisfaction of a loan or other obligation incurred under a program of the Export-Import Bank of the United States, as in effect as of the date of the enactment of this Act. 12. Multilateral actions against Iran, North Korea, or Syria (a) Prohibition on United States assistance to the International Atomic Energy Agency (1) Prohibition No funds from any United States assessed or voluntary contribution to the International Atomic Energy Agency (IAEA) may be used to support any assistance provided by the IAEA through its Technical Cooperation Program to Iran, North Korea, or Syria. (2) Waiver The provisions of paragraph (1) may be waived if— (A) the IAEA has suspended all assistance provided through its Technical Cooperation Program to Iran, North Korea, and Syria; and (B) the President certifies that Iran, North Korea, and Syria— (i) no longer pose a threat to the national security, interests, and allies of the United States; and (ii) are no longer in violation of their international nonproliferation obligations and United Nations Security Council resolutions. (3) United States actions at IAEA The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the allocation of funds for any assistance provided by the IAEA through its Technical Cooperation Program to Iran, North Korea, or Syria. (b) Declaration of policy relating to Nuclear Nonproliferation Treaty (1) Findings Congress finds the following: (A) The Governments of Iran, North Korea, and Syria are in clear violation of international nonproliferation agreements and United Nations Security Council resolutions. (B) The pursuit by the Governments of Iran, North Korea, and Syria of covert nuclear activities and their refusal to cooperate with the International Atomic Energy Agency in its past and current investigations into their nuclear programs are further evidence of their disregard for their nonproliferation obligations. (C) The Governments of Iran, North Korea, and Syria are not in good standing with respect to their nonproliferation obligations. (D) The actions of the Governments of Iran, North Korea, and Syria have demonstrated their respective nuclear programs are not for peaceful use. (2) Declaration of policy Congress declares that the Governments of Iran, North Korea, and Syria have forfeited all privileges under the Treaty on the Nonproliferation of Nuclear Weapons, including access to nuclear equipment, materials, and information. (3) Denial of NPT privileges to Iran, North Korea, and Syria The United States Permanent Representative to the United Nations and the United States Permanent Representative to the International Atomic Energy Agency shall use the voice, vote, and influence of the United States to secure adoption of a resolution at the United Nations Security Council and at the IAEA declaring that Iran, North Korea, and Syria have forfeited all privileges under the Treaty on the Nonproliferation of Nuclear Weapons. (c) Report Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report on the implementation of this section. 13. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities Section 9(c)(1) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended— (1) by striking subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (B); and (3) in subparagraph (B) (as redesignated by paragraph (2) of this section)— (A) by striking or (B) each place it appears; and (B) by striking , as applicable . 14. Definitions In this Act: (1) Adherent to relevant nonproliferation regime A government is an adherent to a relevant nonproliferation regime if such government— (A) is a member of the Nuclear Suppliers Group with respect to a transfer of goods, services, or technology described in section 3(a)(1)(A)(i); (B) is a member of the Missile Technology Control Regime with respect to a transfer of goods, services, or technology described in section 3(a)(1)(A)(ii), or is a party to a binding international agreement with the United States that was in effect on January 1, 1999, to control the transfer of such goods, services, or technology in accordance with the criteria and standards set forth in the Missile Technology Control Regime; (C) is a member of the Australia Group with respect to a transfer of goods, services, or technology described in section 3(a)(1)(A)(iii); (D) is a party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction with respect to a transfer of goods, services, or technology described in section 3(a)(1)(A)(iv); or (E) is a member of the Wassenaar Arrangement with respect to a transfer of goods, services, or technology described in section 3(a)(1)(A)(v). (2) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (3) Extraordinary payments in connection with the International Space Station The term extraordinary payments in connection with the International Space Station means payments in cash or in kind made or to be made by the United States Government— (A) for work on the International Space Station which the Government of the Russian Federation pledged at any time to provide at its expense, or (B) for work on the International Space Station not required to be made under the terms of a contract or other agreement that was in effect on January 1, 1999, as such terms were in effect on such date, except that such term does not mean payments in cash or in kind made or to be made by the United States Government before December 31, 2020, for work to be performed or services to be rendered before such date necessary to meet United States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto. (4) Foreign person The term foreign person means— (A) a natural person who is an alien; (B) a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, successor, subunit, or subsidiary organized under the laws of a foreign country or that has its principal place of business in a foreign country; and (C) (i) any foreign government; or (ii) any foreign government agency or entity. (5) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person knew, or should have known, of the conduct, the circumstance, or the result of such conduct, circumstance, or result. (6) Organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency (A) Definition The term organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency means an organization or entity that— (i) was made part of the Russian Space Agency upon its establishment on February 25, 1992; (ii) was transferred to the Russian Space Agency by decree of the Government of the Russian Federation on July 25, 1994, or May 12, 1998; (iii) was or is transferred to the Russian Aviation and Space Agency or Russian Space Agency by decree of the Government of the Russian Federation at any other time before, on, or after March 14, 2000; or (iv) is a joint stock company in which the Russian Aviation and Space Agency or Russian Space Agency has at any time held controlling interest. (B) Extension Any organization or entity described in subparagraph (A) shall be deemed to be under the jurisdiction or control of the Russian Aviation and Space Agency regardless of whether— (i) such organization or entity, after being part of or transferred to the Russian Aviation and Space Agency or Russian Space Agency, is removed from or transferred out of the Russian Aviation and Space Agency or Russian Space Agency; or (ii) the Russian Aviation and Space Agency or Russian Space Agency, after holding a controlling interest in such organization or entity, divests its controlling interest. (7) Subsidiary The term subsidiary means an entity (including a partnership, association, trust, joint venture, corporation, or other organization) of a parent company that controls, directly or indirectly, the other entity. (8) Transfer or transferred The term transfer or transferred , with respect to a good, service, or technology, includes— (A) the conveyance of technological or intellectual property; and (B) the conversion of technological or intellectual advances into marketable goods, services, or technology of value that is developed and generated in one location and transferred to another location through illegal or illicit means. (9) United States person The term United States person means— (A) a natural person who is a citizen or resident of the United States; or (B) an entity that is organized under the laws of the United States or any State or territory thereof. (10) Vessel The term vessel has the meaning given such term in section 1081 of title 18, United States Code. Such term also includes aircraft, regardless of whether or not the type of aircraft at issue is described in such section. (11) Technical assistance The term technical assistance means providing of advice, assistance, and training pertaining to the installation, operation, and maintenance of equipment for destabilizing types and forms of conventional weapons. 15. Repeal of Iran, North Korea, and Syria Nonproliferation Act (a) Repeal The Iran, North Korea, and Syria Nonproliferation Act ( 50 U.S.C. 1701 note) is repealed. (b) References Any reference in a law, regulation, document, or other record of the United States to the Iran, North Korea, and Syria Nonproliferation Act shall be deemed to be a reference to this Act. 16. Rule of construction Nothing in this Act or the amendments made by this Act— (1) shall be construed to limit the authority of the President to impose additional sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), relevant Executive orders, and other provisions of law; or (2) shall apply to the authorized intelligence activities of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr893ih/xml/BILLS-113hr893ih.xml

113-hr-894

I 113th CONGRESS 1st Session H. R. 894 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Johnson of Ohio (for himself, Mr. Stivers , Ms. Titus , and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the supervision of fiduciaries of veterans under the laws administered by the Secretary of Veterans Affairs. 1. Improvement of fiduciaries for veterans (a) Appointment and supervision (1) Section 5502 of title 38, United States Code, is amended to read as follows: 5502. Appointment of fiduciaries (a) Appointment (1) Where it appears to the Secretary that the interest of the beneficiary would be served thereby, payment of benefits under any law administered by the Secretary may be made directly to the beneficiary or to a relative or some other fiduciary for the use and benefit of the beneficiary, regardless of any legal disability on the part of the beneficiary. (2) When in the opinion of the Secretary, a temporary fiduciary is needed in order to protect the benefits provided to the beneficiary under any law administered by the Secretary while a determination of incompetency is being made or appealed or a fiduciary is appealing a determination of misuse, the Secretary may appoint one or more temporary fiduciaries for a period not to exceed 120 days. If a final decision has not been made within 120 days, the Secretary may not continue the appointment of the fiduciary without obtaining a court order for appointment of a guardian, conservator, or other fiduciary under the authority provided in section 5502(b) of this title. (b) Appeals (1) If the Secretary determines a beneficiary to be mentally incompetent for purposes of appointing a fiduciary under this chapter, the Secretary shall provide such beneficiary with a written statement detailing the reasons for such determination. (2) A beneficiary whom the Secretary has determined to be mentally incompetent for purposes of appointing a fiduciary under this chapter may appeal such determination. (c) Modification (1) A beneficiary for whom the Secretary appoints a fiduciary under this chapter may, at any time, request the Secretary to— (A) remove the fiduciary so appointed; and (B) have a new fiduciary appointed. (2) The Secretary shall comply with a request under paragraph (1) unless the Secretary determines that the request is not made in good faith. (3) The Secretary shall ensure that any removal or new appointment of a fiduciary under paragraph (1) does not delay or interrupt the beneficiary’s receipt of benefits administered by the Secretary. (d) Independence A fiduciary appointed by the Secretary shall operate independently of the Department to determine the actions that are in the interest of the beneficiary. (e) Predesignation A veteran may predesignate a fiduciary by— (1) submitting written notice to the Secretary of the predesignated fiduciary; or (2) submitting a form provided by the Secretary for such purpose. (f) Appointment of non-Predesignated fiduciary If a beneficiary designates an individual to serve as a fiduciary under subsection (e) and the Secretary appoints an individual not so designated as the fiduciary for such beneficiary, the Secretary shall notify such beneficiary of— (1) the reason why such designated individual was not appointed; and (2) the ability of the beneficiary to modify the appointed fiduciary under subsection (c). (g) Priority of appointment In appointing a fiduciary under this chapter, if a beneficiary does not designate a fiduciary pursuant to subsection (e), to the extent possible the Secretary shall appoint a person who is— (1) a relative of the beneficiary; (2) appointed as guardian of the beneficiary by a court of competent jurisdiction; or (3) authorized to act on behalf of the beneficiary under a durable power of attorney. . (2) Clerical amendment The table of sections at the beginning of chapter 55 of title 38, United States Code, is amended by striking the item relating to section 5502 and inserting the following: 5502. Appointment of fiduciaries. . (b) Supervision (1) In general Chapter 55 of title 38, United States Code, is amended by inserting after section 5502, as amended by subsection (a)(1), the following new section: 5502A. Supervision of fiduciaries (a) Commission (1) (A) In a case in which the Secretary determines that a commission is necessary in order to obtain the services of a fiduciary in the best interests of a beneficiary, the Secretary may authorize a fiduciary appointed by the Secretary to obtain from the monthly benefits provided to the beneficiary a reasonable commission for fiduciary services rendered, but the commission for any month may not exceed the lesser of the following amounts: (i) The amount that equals three percent of the monthly monetary benefits under laws administered by the Secretary paid on behalf of the beneficiary to the fiduciary. (ii) $35. (B) A commission paid under this paragraph may not be derived from any award to a beneficiary regarding back pay or retroactive benefits payments. (C) A commission may not be authorized for a fiduciary who receives any other form of remuneration or payment in connection with rendering fiduciary services for benefits under this title on behalf of the beneficiary. (D) In accordance with section 6106 of this title, a commission may not be paid to a fiduciary if the Secretary determines that the fiduciary misused any benefit payments of a beneficiary. (E) If the Secretary determines that the fiduciary has misused any benefit or payments of a beneficiary, the Secretary may revoke the fiduciary status of the fiduciary. (2) Where, in the opinion of the Secretary, any fiduciary receiving funds on behalf of a Department beneficiary is acting in such a number of cases as to make it impracticable to conserve properly the estates or to supervise the persons of the beneficiaries, the Secretary may refuse to make future payments in such cases as the Secretary may deem proper. (b) Court Whenever it appears that any fiduciary, in the opinion of the Secretary, is not properly executing or has not properly executed the duties of the trust of such fiduciary or has collected or paid, or is attempting to collect or pay, fees, commissions, or allowances that are inequitable or in excess of those allowed by law for the duties performed or expenses incurred, or has failed to make such payments as may be necessary for the benefit of the ward or the dependents of the ward, then the Secretary may appear, by the Secretary's authorized attorney, in the court which has appointed such fiduciary, or in any court having original, concurrent, or appellate jurisdiction over said cause, and make proper presentation of such matters. The Secretary, in the Secretary's discretion, may suspend payments to any such fiduciary who shall neglect or refuse, after reasonable notice, to render an account to the Secretary from time to time showing the application of such payments for the benefit of such incompetent or minor beneficiary, or who shall neglect or refuse to administer the estate according to law. The Secretary may require the fiduciary, as part of such account, to disclose any additional financial information concerning the beneficiary (except for information that is not available to the fiduciary). The Secretary may appear or intervene by the Secretary's duly authorized attorney in any court as an interested party in any litigation instituted by the Secretary or otherwise, directly affecting money paid to such fiduciary under this section. (c) Payment of certain expenses Authority is hereby granted for the payment of any court or other expenses incident to any investigation or court proceeding for the appointment of any fiduciary or other person for the purpose of payment of benefits payable under laws administered by the Secretary or the removal of such fiduciary and appointment of another, and of expenses in connection with the administration of such benefits by such fiduciaries, or in connection with any other court proceeding hereby authorized, when such payment is authorized by the Secretary. (d) Temporary payment of benefits All or any part of any benefits the payment of which is suspended or withheld under this section may, in the discretion of the Secretary, be paid temporarily to the person having custody and control of the incompetent or minor beneficiary, to be used solely for the benefit of such beneficiary, or, in the case of an incompetent veteran, may be apportioned to the dependent or dependents, if any, of such veteran. Any part not so paid and any funds of a mentally incompetent or insane veteran not paid to the chief officer of the institution in which such veteran is a patient nor apportioned to the veteran's dependent or dependents may be ordered held in the Treasury to the credit of such beneficiary. All funds so held shall be disbursed under the order and in the discretion of the Secretary for the benefit of such beneficiary or the beneficiary's dependents. Any balance remaining in such fund to the credit of any beneficiary may be paid to the beneficiary if the beneficiary recovers and is found competent, or if a minor, attains majority, or otherwise to the beneficiary's fiduciary, or, in the event of the beneficiary's death, to the beneficiary's personal representative, except as otherwise provided by law; however, payment will not be made to the beneficiary's personal representative if, under the law of the beneficiary's last legal residence, the beneficiary's estate would escheat to the State. In the event of the death of a mentally incompetent or insane veteran, all gratuitous benefits under laws administered by the Secretary deposited before or after August 7, 1959, in the personal funds of patients trust fund on account of such veteran shall not be paid to the personal representative of such veteran, but shall be paid to the following persons living at the time of settlement, and in the order named: The surviving spouse, the children (without regard to age or marital status) in equal parts, and the dependent parents of such veteran, in equal parts. If any balance remains, such balance shall be deposited to the credit of the applicable current appropriation; except that there may be paid only so much of such balance as may be necessary to reimburse a person (other than a political subdivision of the United States) who bore the expenses of last sickness or burial of the veteran for such expenses. No payment shall be made under the two preceding sentences of this subsection unless claim therefor is filed with the Secretary within five years after the death of the veteran, except that, if any person so entitled under said two sentences is under legal disability at the time of death of the veteran, such five-year period of limitation shall run from the termination or removal of the legal disability. (e) Escheatment Any funds in the hands of a fiduciary appointed by a State court or the Secretary derived from benefits payable under laws administered by the Secretary, which under the law of the State wherein the beneficiary had last legal residence would escheat to the State, shall escheat to the United States and shall be returned by such fiduciary, or by the personal representative of the deceased beneficiary, less legal expenses of any administration necessary to determine that an escheat is in order, to the Department, and shall be deposited to the credit of the applicable revolving fund, trust fund, or appropriation. . (2) Clerical amendment The table of sections at the beginning of chapter 55 of title 38, United States Code, is amended by inserting after the item relating to section 5502 the following new item: 5502A. Supervision of fiduciaries. . (c) Definition of fiduciary Section 5506 of title 38, United States Code is amended— (1) by striking For purposes and inserting (a) For purposes ; and (2) by adding at the end the following new subsection: (b) (1) For purposes of subsection (a), the term person includes any— (A) State or local government agency whose mission is to carry out income maintenance, social service, or health care-related activities; (B) any State or local government agency with fiduciary responsibilities; or (C) any nonprofit social service agency that the Secretary determines— (i) regularly provides services as a fiduciary concurrently to five or more individuals; and (ii) is not a creditor of any such individual. (2) The Secretary shall maintain a list of State or local agencies and nonprofit social service agencies under paragraph (1) that are qualified to act as a fiduciary under this chapter. In maintaining such list, the Secretary may consult the lists maintained under section 807(h) of the Social Security Act (42 U.S.C. 1007(h)). . (d) Qualifications Section 5507 of title 38, United States Code, is amended to read as follows: 5507. Inquiry, investigations, and qualification of fiduciaries (a) Investigation Any certification of a person for payment of benefits of a beneficiary to that person as such beneficiary's fiduciary under section 5502 of this title shall be made on the basis of— (1) an inquiry or investigation by the Secretary of the fitness of that person to serve as fiduciary for that beneficiary to be conducted in advance of such certification and in accordance with subsection (b); (2) adequate evidence that certification of that person as fiduciary for that beneficiary is in the interest of such beneficiary (as determined by the Secretary under regulations); (3) adequate evidence that the person to serve as fiduciary protects the private information of a beneficiary in accordance with subsection (d)(1); and (4) the furnishing of any bond that may be required by the Secretary, in accordance with subsection (f). (b) Elements of investigation (1) In conducting an inquiry or investigation of a proposed fiduciary under subsection (a)(1), the Secretary shall conduct— (A) a face-to-face interview with the proposed fiduciary by not later than 30 days after the date on which such inquiry or investigation begins; and (B) a background check of the proposed fiduciary to— (i) in accordance with paragraph (2), determine whether the proposed fiduciary has been convicted of a crime; and (ii) determine whether the proposed fiduciary will serve the best interest of the beneficiary, including by conducting a credit check of the proposed fiduciary and checking the records under paragraph (5). (2) The Secretary shall request information concerning whether that person has been convicted of any offense under Federal or State law. If that person has been convicted of such an offense, the Secretary may certify the person as a fiduciary only if the Secretary finds that the person is an appropriate person to act as fiduciary for the beneficiary concerned under the circumstances. (3) The Secretary shall conduct the background check described in paragraph (1)(B)— (A) each time a person is proposed to be a fiduciary, regardless of whether the person is serving or has served as a fiduciary; and (B) at no expense to the beneficiary. (4) Each proposed fiduciary shall disclose to the Secretary the number of beneficiaries that the fiduciary acts on behalf of. (5) The Secretary shall maintain records of any person who has— (A) previously served as a fiduciary; and (B) had such fiduciary status revoked by the Secretary. (6) (A) If a fiduciary appointed by the Secretary is convicted of a crime described in subparagraph (B), the Secretary shall notify the beneficiary of such conviction by not later than 14 days after the date on which the Secretary learns of such conviction. (B) A crime described in this subparagraph is a crime— (i) for which the fiduciary is convicted while serving as a fiduciary for any person; (ii) that is not included in a report submitted by the fiduciary under section 5509(a) of this title; and (iii) that the Secretary determines could affect the ability of the fiduciary to act on behalf of the beneficiary. (c) Investigation of certain persons (1) In the case of a proposed fiduciary described in paragraph (2), the Secretary, in conducting an inquiry or investigation under subsection (a)(1), may carry out such inquiry or investigation on an expedited basis that may include giving priority to conducting such inquiry or investigation. Any such inquiry or investigation carried out on such an expedited basis shall be carried out under regulations prescribed for purposes of this section. (2) Paragraph (1) applies with respect to a proposed fiduciary who is— (A) the parent (natural, adopted, or stepparent) of a beneficiary who is a minor; (B) the spouse or parent of an incompetent beneficiary; (C) a person who has been appointed a fiduciary of the beneficiary by a court of competent jurisdiction; (D) being appointed to manage an estate where the annual amount of veterans benefits to be managed by the proposed fiduciary does not exceed $3,600, as adjusted pursuant to section 5312 of this title; or (E) a person who is authorized to act on behalf of the beneficiary under a durable power of attorney. (d) Protection of private information (1) A fiduciary shall take all reasonable precautions to— (A) protect the private information of a beneficiary, including personally identifiable information; and (B) securely conducts financial transactions. (2) A fiduciary shall notify the Secretary of any action of the fiduciary that compromises or potentially compromises the private information of a beneficiary. (e) Potential misuse of funds (1) If the Secretary has reason to believe that a fiduciary may be misusing all or part of the benefit of a beneficiary, the Secretary shall— (A) conduct a thorough investigation to determine the veracity of such belief; and (B) if such veracity is established, transmit to the officials described in paragraph (2) a report of such investigation. (2) The officials described in this paragraph are the following: (A) The Attorney General. (B) Each head of a Federal department or agency that pays to a fiduciary or other person benefits under any law administered by such department of agency for the use and benefit of a minor, incompetent, or other beneficiary. (f) Bond In requiring the furnishing of a bond under subsection (a)(4), the Secretary shall— (1) ensure that any such bond is not paid using any funds of the beneficiary; and (2) consider— (A) the care a proposed fiduciary has taken to protect the interests of the beneficiary; and (B) the capacity of the proposed fiduciary to meet the financial requirements of the bond without sustaining hardship. (g) List of fiduciaries Each regional office of the Veterans Benefits Administration shall maintain a list of the following: (1) The name and contact information of each fiduciary, including address, telephone number, and email address. (2) With respect to each fiduciary described in paragraph (1)— (A) the date of the most recent background check and credit check performed by the Secretary under this section; (B) the date that any bond was paid under this section; (C) the name, address, and telephone number of each beneficiary the fiduciary acts on behalf of; and (D) the amount that the fiduciary controls with respect to each beneficiary described in subparagraph (C). . (e) Annual receipt of payments (1) In general Section 5509 of title 38, United States Code, is amended— (A) in subsection (a)—— (i) by striking may require a fiduciary to file a and inserting , subject to regulations prescribed pursuant to subsection (f), shall require a fiduciary to file an annual ; and (ii) by adding at the end the following new sentence: The Secretary shall transmit such annual report or accounting to the beneficiary and any legal guardian of such beneficiary. ; (B) by adding at the end the following new subsections: (c) Matters included An annual report or accounting under subsection (a) shall include the following: (1) For each beneficiary that a fiduciary acts on behalf of— (A) the amount of the benefits of the beneficiary accrued during the year, the amount spent, and the amount remaining; and (B) if the fiduciary serves the beneficiary with respect to benefits not administered by the Secretary, an accounting of all sources of benefits or other income the fiduciary oversees for the beneficiary. (2) A list of events that occurred during the year covered by the report that could affect the ability of the fiduciary to act on behalf of the beneficiary, including— (A) the fiduciary being convicted of any crime; (B) the fiduciary declaring bankruptcy; and (C) any judgments entered against the fiduciary. (d) Random audits The Secretary shall annually conduct random audits of fiduciaries who receive a commission pursuant to subsection 5502A(a)(1) of this title. (e) Status of fiduciary If a fiduciary includes in the annual report events described in subsection (c)(2), the Secretary may take appropriate action to adjust the status of the fiduciary as the Secretary determines appropriate, including by revoking the fiduciary status of the fiduciary. (f) Regulations (1) In prescribing regulations to carry out this section, the Secretary, in consultation with the Under Secretary for Benefits and the Under Secretary for Health, shall ensure that the care provided by a fiduciary described in paragraph (2) to a beneficiary is not diminished or otherwise worsened by the fiduciary complying with this section. (2) A fiduciary described in this paragraph is a fiduciary who, in addition to acting as a fiduciary for a beneficiary, provides care to the beneficiary pursuant to this title (including such care provided under section 1720G of this title). ; and (C) by striking the section heading and inserting the following: Annual reports and accountings of fiduciaries . (2) Clerical amendment The table of sections at the beginning of chapter 55 of title 38, United States Code, is amended by striking the item relating to section 5509 and inserting the following new item: 5509. Annual reports and accountings of fiduciaries. . (f) Repayment of misused benefits Section 6107(a)(2)(C) of title 38, United States Code, is amended by inserting before the period the following: , including by the Secretary not acting in accordance with section 5507 of this title . (g) Annual reports Section 5510 of title 38, United States Code, is amended by striking The Secretary shall include in the Annual Benefits Report of the Veterans Benefits Administration or the Secretary's Annual Performance and Accountability Report and inserting Not later than July 1 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a separate report containing . (h) Report Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a comprehensive report on the implementation of the amendments made by this Act, including— (1) detailed information on the establishment of new policies and procedures pursuant to such amendments and training provided on such policies and procedures; and (2) a discussion of whether the Secretary should provide fiduciaries with standardized financial software to simplify reporting requirements.

https://www.govinfo.gov/content/pkg/BILLS-113hr894ih/xml/BILLS-113hr894ih.xml

113-hr-895

I 113th CONGRESS 1st Session H. R. 895 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Ms. Waters (for herself, Mr. Conyers , Mr. Scott of Virginia , Mr. Grijalva , Mr. Serrano , Mr. Nadler , Ms. Lee of California , Mrs. Christensen , Ms. Roybal-Allard , Ms. Norton , Mr. Rangel , Ms. Jackson Lee , Ms. Wilson of Florida , Mr. Hastings of Florida , Ms. Schakowsky , Ms. Hahn , Ms. Sewell of Alabama , Mr. Rush , Ms. Clarke , Mr. Johnson of Georgia , Ms. Linda T. Sánchez of California , Mr. Blumenauer , Mr. Cohen , Mr. Ellison , Mr. Honda , Mr. Lewis , Mr. Clay , Mrs. Beatty , and Mr. Cummings ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for an effective HIV/AIDS program in Federal prisons. 1. Short title This Act may be cited as the Stop AIDS in Prison Act of 2013 . 2. Comprehensive HIV/AIDS Policy (a) In general The Bureau of Prisons (hereinafter in this Act referred to as the Bureau ) shall develop a comprehensive policy to provide HIV testing, treatment, and prevention for inmates within the correctional setting and upon reentry. (b) Purpose The purposes of this policy shall be as follows: (1) To stop the spread of HIV/AIDS among inmates. (2) To protect prison guards and other personnel from HIV/AIDS infection. (3) To provide comprehensive medical treatment to inmates who are living with HIV/AIDS. (4) To promote HIV/AIDS awareness and prevention among inmates. (5) To encourage inmates to take personal responsibility for their health. (6) To reduce the risk that inmates will transmit HIV/AIDS to other persons in the community following their release from prison. (c) Consultation The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, the Office of National AIDS Policy, and the Centers for Disease Control regarding the development of this policy. (d) Time limit The Bureau shall draft appropriate regulations to implement this policy not later than 1 year after the date of the enactment of this Act. 3. Requirements for policy The policy created under section 2 shall do the following: (1) Testing and counseling upon intake (A) Health care personnel shall provide routine HIV testing to all inmates as a part of a comprehensive medical examination immediately following admission to a facility. (Health care personnel need not provide routine HIV testing to an inmate who is transferred to a facility from another facility if the inmate’s medical records are transferred with the inmate and indicate that the inmate has been tested previously.) (B) To all inmates admitted to a facility prior to the effective date of this policy, health care personnel shall provide routine HIV testing within no more than 6 months. HIV testing for these inmates may be performed in conjunction with other health services provided to these inmates by health care personnel. (C) All HIV tests under this paragraph shall comply with the opt-out provision. (2) Pre-Test and Post-Test Counseling Health care personnel shall provide confidential pre-test and post-test counseling to all inmates who are tested for HIV. Counseling may be included with other general health counseling provided to inmates by health care personnel. (3) HIV/AIDS Prevention Education (A) Health care personnel shall improve HIV/AIDS awareness through frequent educational programs for all inmates. HIV/AIDS educational programs may be provided by community based organizations, local health departments, and inmate peer educators. (B) HIV/AIDS educational materials shall be made available to all inmates at orientation, at health care clinics, at regular educational programs, and prior to release. Both written and audio-visual materials shall be made available to all inmates. (C) (i) The HIV/AIDS educational programs and materials under this paragraph shall include information on— (I) modes of transmission, including transmission through tattooing, sexual contact, and intravenous drug use; (II) prevention methods; (III) treatment; and (IV) disease progression. (ii) The programs and materials shall be culturally sensitive, written or designed for low literacy levels, available in a variety of languages, and present scientifically accurate information in a clear and understandable manner. (4) HIV Testing upon request (A) Health care personnel shall allow inmates to obtain HIV tests upon request once per year or whenever an inmate has a reason to believe the inmate may have been exposed to HIV. Health care personnel shall, both orally and in writing, inform inmates, during orientation and periodically throughout incarceration, of their right to obtain HIV tests. (B) Health care personnel shall encourage inmates to request HIV tests if the inmate is sexually active, has been raped, uses intravenous drugs, receives a tattoo, or if the inmate is concerned that the inmate may have been exposed to HIV/AIDS. (C) An inmate’s request for an HIV test shall not be considered an indication that the inmate has put him/herself at risk of infection and/or committed a violation of prison rules. (5) HIV Testing of Pregnant Woman (A) Health care personnel shall provide routine HIV testing to all inmates who become pregnant. (B) All HIV tests under this paragraph shall comply with the opt-out provision. (6) Comprehensive treatment (A) Health care personnel shall provide all inmates who test positive for HIV— (i) timely, comprehensive medical treatment; (ii) confidential counseling on managing their medical condition and preventing its transmission to other persons; and (iii) voluntary partner notification services. (B) Health care provided under this paragraph shall be consistent with current Department of Health and Human Services guidelines and standard medical practice. Health care personnel shall discuss treatment options, the importance of adherence to antiretroviral therapy, and the side effects of medications with inmates receiving treatment. (C) Health care personnel and pharmacy personnel shall ensure that the facility formulary contains all Food and Drug Administration-approved medications necessary to provide comprehensive treatment for inmates living with HIV/AIDS, and that the facility maintains adequate supplies of such medications to meet inmates’ medical needs. Health care personnel and pharmacy personnel shall also develop and implement automatic renewal systems for these medications to prevent interruptions in care. (D) Correctional staff, health care personnel, and pharmacy personnel shall develop and implement distribution procedures to ensure timely and confidential access to medications. (7) Protection of Confidentiality (A) Health care personnel shall develop and implement procedures to ensure the confidentiality of inmate tests, diagnoses, and treatment. Health care personnel and correctional staff shall receive regular training on the implementation of these procedures. Penalties for violations of inmate confidentiality by health care personnel or correctional staff shall be specified and strictly enforced. (B) HIV testing, counseling, and treatment shall be provided in a confidential setting where other routine health services are provided and in a manner that allows the inmate to request and obtain these services as routine medical services. (8) Testing, counseling, and referral prior to reentry (A) Health care personnel shall provide routine HIV testing to all inmates no more than 3 months prior to their release and reentry into the community. (Inmates who are already known to be infected need not be tested again.) This requirement may be waived if an inmate’s release occurs without sufficient notice to the Bureau to allow health care personnel to perform a routine HIV test and notify the inmate of the results. (B) All HIV tests under this paragraph shall comply with the opt-out provision. (C) To all inmates who test positive for HIV and all inmates who already are known to have HIV/AIDS, health care personnel shall provide— (i) confidential prerelease counseling on managing their medical condition in the community, accessing appropriate treatment and services in the community, and preventing the transmission of their condition to family members and other persons in the community; (ii) referrals to appropriate health care providers and social service agencies in the community that meet the inmate’s individual needs, including voluntary partner notification services and prevention counseling services for people living with HIV/AIDS; and (iii) a 30-day supply of any medically necessary medications the inmate is currently receiving. (9) Opt-Out Provision Inmates shall have the right to refuse routine HIV testing. Inmates shall be informed both orally and in writing of this right. Oral and written disclosure of this right may be included with other general health information and counseling provided to inmates by health care personnel. If an inmate refuses a routine test for HIV, health care personnel shall make a note of the inmate’s refusal in the inmate’s confidential medical records. However, the inmate’s refusal shall not be considered a violation of prison rules or result in disciplinary action. Any reference in this section to the opt-out provision shall be deemed a reference to the requirement of this paragraph. (10) Exclusion of Tests Performed Under Section 4014(b) from the Definition of Routine HIV Testing HIV testing of an inmate under section 4014(b) of title 18, United States Code, is not routine HIV testing for the purposes of the opt-out provision. Health care personnel shall document the reason for testing under section 4014(b) of title 18, United States Code, in the inmate’s confidential medical records. (11) Timely notification of test results Health care personnel shall provide timely notification to inmates of the results of HIV tests. 4. Changes in existing law (a) Screening in general Section 4014(a) of title 18, United States Code, is amended— (1) by striking for a period of 6 months or more ; (2) by striking , as appropriate, ; and (3) by striking if such individual is determined to be at risk for infection with such virus in accordance with the guidelines issued by the Bureau of Prisons relating to infectious disease management and inserting unless the individual declines. The Attorney General shall also cause such individual to be so tested before release unless the individual declines. . (b) Inadmissibility of HIV Test Results in civil and criminal proceedings Section 4014(d) of title 18, United States Code, is amended by inserting or under the Stop AIDS in Prison Act of 2013 after under this section . (c) Screening as part of routine screening Section 4014(e) of title 18, United States Code, is amended by adding at the end the following: Such rules shall also provide that the initial test under this section be performed as part of the routine health screening conducted at intake. . 5. Reporting requirements (a) Report on hepatitis and other diseases Not later than 1 year after the date of the enactment of this Act, the Bureau shall provide a report to the Congress on Bureau policies and procedures to provide testing, treatment, and prevention education programs for hepatitis and other diseases transmitted through sexual activity and intravenous drug use. The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, the Office of National AIDS Policy, and the Centers for Disease Control regarding the development of this report. (b) Annual reports (1) Generally Not later than 2 years after the date of the enactment of this Act, and then annually thereafter, the Bureau shall report to Congress on the incidence among inmates of diseases transmitted through sexual activity and intravenous drug use. (2) Matters pertaining to various diseases Reports under paragraph (1) shall discuss— (A) the incidence among inmates of HIV/AIDS, hepatitis, and other diseases transmitted through sexual activity and intravenous drug use; and (B) updates on Bureau testing, treatment, and prevention education programs for these diseases. (3) Matters pertaining to HIV/AIDS only Reports under paragraph (1) shall also include— (A) the number of inmates who tested positive for HIV upon intake; (B) the number of inmates who tested positive prior to reentry; (C) the number of inmates who were not tested prior to reentry because they were released without sufficient notice; (D) the number of inmates who opted-out of taking the test; (E) the number of inmates who were tested under section 4014(b) of title 18, United States Code; and (F) the number of inmates under treatment for HIV/AIDS. (4) Consultation The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, the Office of National AIDS Policy, and the Centers for Disease Control regarding the development of reports under paragraph (1).

https://www.govinfo.gov/content/pkg/BILLS-113hr895ih/xml/BILLS-113hr895ih.xml

113-hr-896

I 113th CONGRESS 1st Session H. R. 896 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Engel introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XI of the Social Security Act to improve the quality, health outcomes, and value of maternity care under the Medicaid and CHIP programs by developing maternity care quality measures and supporting maternity care quality collaboratives. 1. Short title; table of contents (a) Short title This Act may be cited as the Quality Care for Moms and Babies Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Quality measures for maternity care under Medicaid and CHIP. Sec. 3. Quality collaboratives. 2. Quality measures for maternity care under Medicaid and CHIP (a) In general Section 1139A of the Social Security Act ( 42 U.S.C. 1320b–9a ) is amended by adding at the end the following new subsection: (j) Mother and Infant care (MIC) quality measures (1) In general As part of the pediatric quality measures program established under subsection (b) and the Medicaid Quality Measurement Program established under section 1139B(b)(5)(A), the Secretary shall— (A) review quality measures endorsed under section 1890(b)(2) that relate to the care of childbearing women and newborns, particularly with respect to the application of such measures to the Medicaid and CHIP programs under titles XIX and XXI, and identify omissions and deficiencies in the application of those measures to such programs; (B) develop and publish a set of maternity care quality measures for the Medicaid and CHIP programs under titles XIX and XXI (in this subsection referred to as the Mother and Infant Care (MIC) quality measures ) in accordance with the requirements of paragraphs (2) and (3); and (C) on an ongoing basis, review the MIC quality measures and develop and publish any modifications of, or additions or deletions to, such measures that reflect the development, testing, validation, and consensus process described in paragraph (4). (2) Process for initial review and publication (A) Consultation and public comment Not later than January 1, 2016, the Secretary shall— (i) solicit public comment on the proposed MIC quality measures; and (ii) consult with the stakeholders identified in paragraph (6)(A) regarding such measures. (B) Publication of initial set of measures Not later than January 1, 2017, the Secretary shall identify and publish the initial MIC quality measures. (3) Requirements (A) In general The MIC quality measures shall— (i) be evidence-based; (ii) utilize risk adjustment or risk stratification methodologies, if appropriate; (iii) utilize attribution methods to specify the clinicians, facilities, and other entities that the measures are applicable to; (iv) be pilot-tested with regard to scientific validity, feasibility, and attribution method; and (v) include a balance of each of the types of measures listed in subparagraph (B) . (B) List of types of measures The measures listed in this subparagraph are the following: (i) Measures of the process, experience, efficiency, and outcomes of maternity care, including postpartum outcomes. (ii) Measures that apply to— (I) women and newborns who are healthy and at low risk, including measures of appropriately low-intervention, physiologic birth in low-risk women; and (II) women and newborns at higher risk. (iii) Measures that apply to— (I) childbearing women; and (II) newborns. (iv) Measures that apply to care during— (I) pregnancy; (II) intrapartum period; and (III) the postpartum period. (v) Measures that apply to— (I) clinicians and clinician groups; (II) facilities; (III) health plans; and (IV) accountable care organizations. (vi) Measurement of— (I) disparities; (II) care coordination; and (III) shared decisionmaking. (C) Physiologic defined For purposes of this paragraph, the term physiologic means characteristic of or conforming to the normal functioning or state of the body or a tissue or organ, normal, and not pathologic. (D) Construction Nothing in this paragraph shall be construed as supporting the restriction of coverage, under title XIX or XXI or otherwise, to only those services that are evidence-based, or in any way limiting available services. (4) Ongoing review of the MIC measures; e M easures (A) Contracts with qualified entities Not later than June 30, 2017, the Secretary, acting through the Agency for Healthcare Research and Quality, in consultation with the Centers for Medicare & Medicaid Services, shall enter into grants, contracts, or intergovernmental agreements with qualified measure development entities for the purpose of identifying quality of care issues that are not adequately addressed by the MIC quality measures and developing, testing, and validating modifications of, or additions or deletions to, the MIC quality measures, and creating eMeasures for data collection related to the MIC quality measures. (B) Qualified measure development entity defined For purposes of this paragraph, the term qualified measure development entity means an entity that— (i) has demonstrated expertise and capacity in the development and testing of quality measures; (ii) has adopted procedures for quality measure development that ensure the inclusion of— (I) the views of the individuals and entities referred to in paragraph (3)(B)(v) and whose performance will be assessed by the measures; and (II) the views of other individuals and entities (including patients, consumers, and health care purchasers) who will use the data generated as a result of the use of the quality measures; (iii) for the purpose of ensuring that the MIC quality measures meet the requirements to be considered for endorsement under section 1890(b)(2), has provided assurances to the Secretary that the measure development entity will collaborate with— (I) the Secretary; (II) the consensus-based entity with a contract under section 1890(a)(1); and (III) stakeholders (including those stakeholders identified in paragraph (6)(A) ), as practicable; (iv) has transparent policies regarding governance and conflicts of interest; and (v) submits an application to the Secretary at such time, and in such form and manner, as the Secretary may require. (C) e M easures (i) In general A qualified measure development entity with a grant, contract, or intergovernmental agreement under subparagraph (A) shall consult with the voluntary consensus standards setting organizations and other organizations involved in the advancement of evidence-based measures of health care that the Secretary consults with under subsection (b)(3)(H) and section 1139B(b)(5)(A) to create, as part of the MIC quality measures, eMeasures that are aligned with the measures developed under the pediatric quality measures program established under subsection (b) and the Medicaid Quality Measurement Program established under section 1139B(b)(5)(A). (ii) e M easure defined For purposes of this subparagraph, the term eMeasure means a measure for which measurement data (including clinical data) will be collected electronically, including through the use of electronic health records and other electronic data sources. (D) Endorsement Any modifications of, or additions or deletions to, the MIC quality measures shall be submitted by the qualified measure development entity to the consensus-based entity with a contract under section 1890(a)(1) to be considered for endorsement under section 1890(b)(2). (5) Maternity consumer assessment of health care providers and systems surveys (A) Adaption of surveys Not later than January 1, 2018, for the purpose of measuring the care experiences of childbearing women and newborns, the Agency for Healthcare Research and Quality shall adapt the Consumer Assessment of Healthcare Providers and Systems program surveys of— (i) providers; (ii) facilities; and (iii) health plans. (B) Surveys must be effective The Agency for Healthcare Research and Quality shall ensure that the surveys adapted under subparagraph (A) are effective in measuring aspects of care that childbearing women and newborns experience, which may include— (i) various types of care settings; (ii) various types of caregivers; (iii) considerations relating to pain; (iv) shared decisionmaking; (v) supportive care around the time of birth; and (vi) other topics relevant to the quality of the experience of childbearing women and newborns. (C) Languages The surveys adapted under subparagraph (A) shall be available in English and Spanish. (D) Endorsement The Agency for Healthcare Research and Quality shall submit any Consumer Assessment of Healthcare Providers and Systems surveys adapted under this paragraph to the consensus-based entity with a contract under section 1890(a)(1) to be considered for endorsement under section 1890(b)(2). (E) Consultation The adaption of (and process for applying) the surveys under subparagraph (A) shall be conducted in consultation with the stakeholders identified in paragraph (6)(A) . (6) Stakeholders (A) In general The stakeholders identified in this subparagraph are— (i) the various clinical disciplines and specialties involved in providing maternity care; (ii) State Medicaid administrators; (iii) maternity care consumers and their advocates; (iv) technical experts in quality measurement; (v) hospital, facility and health system leaders; (vi) employers and purchasers; and (vii) other individuals who are involved in the advancement of evidence-based maternity care quality measures. (B) Professional organizations The stakeholders identified under subparagraph (A) may include representatives from relevant national medical specialty and professional organizations and specialty societies. (7) Authorization of appropriations There are authorized to be appropriated $16,000,000 to carry out this subsection. Funds appropriated under this paragraph shall remain available until expended. . (b) Conforming amendments (1) Section 1139A of the Social Security Act ( 42 U.S.C. 1320b–9a ) is amended— (A) in subsection (a)(6), in the matter preceding subparagraph (A), by inserting and the Medicaid and CHIP Payment and Access Commission after Congress ; and (B) in subsection (i), by striking subsection (e) and inserting subsections (e) and (j) . (2) Section 1139B(b)(4) of such Act (42 U.S.C. 1320b–9b(b)(4)) is amended by inserting and the Medicaid and CHIP Payment and Access Commission after Congress . 3. Quality collaboratives (a) Grants The Secretary of Health and Human Services (in this section referred to as the Secretary ) may make grants to eligible entities to support— (1) the development of new State and regional maternity care quality collaboratives; (2) expanded activities of existing maternity care quality collaboratives; and (3) maternity care initiatives within established State and regional quality collaboratives that are not focused exclusively on maternity care. (b) Eligible entity The following entities shall be eligible for a grant under subsection (a) : (1) Quality collaboratives that focus entirely, or in part, on maternity care initiatives, to the extent that such collaboratives use such grant only for such initiatives. (2) Entities seeking to establish a maternity care quality collaborative. (3) State Medicaid agencies. (4) State departments of health. (5) Health insurance issuers (as such term is defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ). (6) Provider organizations, including associations representing— (A) health professionals; and (B) hospitals. (c) Eligible projects and programs In order for a project or program of an eligible entity to be eligible for funding under subsection (a) , the project or program must have goals that are designed to improve the quality of maternity care delivered, such as— (1) improving the appropriate use of cesarean section; (2) reducing maternal and newborn morbidity rates; (3) improving breast-feeding rates; (4) reducing hospital readmission rates; (5) identifying improvement priorities through shared peer review and third-party reviews of qualitative and quantitative data, and developing and carrying out projects or programs to address such priorities; or (6) delivering risk-appropriate levels of care. (d) Activities Activities that may be supported by the funding under subsection (a) include the following: (1) Facilitating performance data collection and feedback reports to providers with respect to their performance, relative to peers and benchmarks, if any. (2) Developing, implementing, and evaluating protocols and checklists to foster safe, evidence-based practice. (3) Developing, implementing, and evaluating programs that translate into practice clinical recommendations supported by high-quality evidence in national guidelines, systematic reviews, or other well-conducted clinical studies. (4) Developing underlying infrastructure needed to support quality collaborative activities under this subsection. (5) Providing technical assistance to providers and institutions to build quality improvement capacity and facilitate participation in collaborative activities. (6) Developing the capability to access the following data sources: (A) A mother’s prenatal, intrapartum, and postpartum records. (B) A mother’s medical records. (C) An infant’s medical records since birth. (D) Birth and death certificates. (E) Any other relevant State-level generated data (such as data from the pregnancy risk assessment management system (PRAMS)). (7) Developing access to blinded liability claims data, analyzing the data, and using the results of such analysis to improve practice. (e) Special rule for births (1) In general Subject to paragraph (2), if a grant under subsection (a) is for a project or program that focuses on births, at least 25 percent of the births addressed by such project or program must occur in health facilities that perform fewer than 1,000 births per year. (2) Exception In the case of a grant under subsection (a) for a project or program located in a State in which less than 25 percent of the health facilities in the State perform less than 1,000 births per year, the percentage of births in such facilities addressed by such project or program shall be commensurate with the Statewide percentage of births performed at such facilities. (f) Use of quality measures Projects and programs for which such a grant is made shall— (1) include data collection with rapid analysis and feedback to participants with a focus on improving practice and health outcomes; (2) develop a plan to identify and resolve data collection problems; (3) identify and document evidence-based strategies that will be used to improve performance on quality measures and other metrics; and (4) exclude from quality measure collection and reporting physicians and midwives who attend fewer than 30 births per year. (g) Reporting on quality measures Any reporting requirements established by a project or program funded under subsection (a) shall be designed to— (1) minimize costs and administrative effort; and (2) use existing data resources when feasible. (h) Clearinghouse The Secretary shall establish an online, open-access clearinghouse to make protocols, procedures, reports, tools, and other resources of individual collaboratives available to collaboratives and other entities that are working to improve maternity care quality. (i) Evaluation A quality collaborative (or other entity receiving a grant under subsection (a) ) shall— (1) develop and carry out plans for evaluating its maternity care quality improvement programs and projects; and (2) publish its experiences and results in articles, technical reports, or other formats for the benefit of others working on maternity care quality improvement activities. (j) Annual reports to Secretary A quality collaborative or other eligible entity that receives a grant under subsection (a) shall submit an annual report to the Secretary containing the following: (1) A description of the activities carried out using the funding from such grant. (2) A description of any barriers that limited the ability of the collaborative or entity to achieve its goals. (3) The achievements of the collaborative or entity under the grant with respect to the quality, health outcomes, and value of maternity care. (4) A list of lessons learned from the grant. Such reports shall be made available to the public. (k) Governance (1) In general A maternity care quality collaborative or a maternity care program within a broader quality collaborative that is supported under subsection (a) shall be governed by a multi-stakeholder executive committee. (2) Composition Such executive committee shall include individuals who represent— (A) physicians, including physicians in the fields of general obstetrics, maternal-fetal medicine, family medicine, neonatology, and pediatrics; (B) nurse-practitioners and nurses; (C) certified nurse-midwives and certified midwives; (D) health facilities and health systems; (E) consumers; (F) employers and other private purchasers; (G) Medicaid programs; and (H) other public health agencies and organizations, as appropriate. Such committee also may include other individuals, such as individuals with expertise in health quality measurement and other types of expertise as recommended by the Secretary. Such committee also may be composed of a combination of general collaborative executive committee members and maternity specific project executive committee members. (l) Consultation A quality collaborative or other eligible entity that receives a grant under subsection (a) shall engage in regular ongoing consultation with— (1) regional and State public health agencies and organizations; (2) public and private health insurers; and (3) regional and State organizations representing physicians, midwives, and nurses who provide maternity services. (m) Authorization of appropriations There are authorized to be appropriated $15,000,000 to carry out this section. Funds appropriated under this subsection shall remain available until expended.

https://www.govinfo.gov/content/pkg/BILLS-113hr896ih/xml/BILLS-113hr896ih.xml

113-hr-897

I 113th CONGRESS 1st Session H. R. 897 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Ms. Hahn (for herself and Mr. Runyan ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to expand the definition of homeless veteran for purposes of benefits under the laws administered by the Secretary of Veterans Affairs. 1. Expansion of definition of homeless veteran for purposes of benefits under the laws administered by the Secretary of Veterans Affairs Section 2002(1) of title 38, United States Code, is amended by inserting or (b) after section 103(a) .

https://www.govinfo.gov/content/pkg/BILLS-113hr897ih/xml/BILLS-113hr897ih.xml

113-hr-898

I 113th CONGRESS 1st Session H. R. 898 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Smith of New Jersey (for himself and Mr. Lipinski ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on the Judiciary , Ways and Means , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize appropriations for fiscal years 2014 through 2017 for the Trafficking Victims Protection Act of 2000, and for other purposes. 1. Short title and table of contents (a) Short title This Act may be cited as the Trafficking Victims Protection Reauthorization Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Title I—Combating international trafficking in persons Sec. 101. Authority to restrict passports. Sec. 102. Office To Monitor and Combat Modern Slavery and Other Forms of Human Trafficking. Sec. 103. Prevention of child marriage. Sec. 104. Prevention of trafficking. Sec. 105. Minimum standards for the elimination of trafficking. Sec. 106. Reports to Congress. Sec. 107. Temporary increase in fee for certain consular services. Sec. 108. Additional activities to monitor and combat forced labor and child labor. Sec. 109. Additional activities of the Department of State. Sec. 110. Enhancing protection for children exploited abroad by United States citizens and permanent resident aliens. Sec. 111. Report on Internet-facilitated human trafficking. Title II—Combating trafficking in persons in the United States Subtitle A—Amendments to the Trafficking Victims Protection Act of 2000 Sec. 201. Interagency Task Force To Monitor and Combat Trafficking. Sec. 202. Ensuring timely response to requests for continued presence. Sec. 203. Report to Congress. Subtitle B—Amendments to title 18, United States Code Sec. 211. Renaming of basic Federal trafficking statute. Sec. 212. Clarifying trafficking definitions and prosecution. Sec. 213. Fighting sex tourism. Sec. 214. Identification documents. Sec. 215. Fraud in foreign labor contracting as a Rico Predicate. Subtitle C—Amendments to other laws Sec. 221. Domestic minor sex trafficking deterrence and victims support. Sec. 222. Enhancing efforts to combat the trafficking of children. Sec. 223. Improving local efforts to combat trafficking and sexual exploitation of children. Sec. 224. Efforts to publicize the National Human Trafficking Resource Center hotline. Title III—Authorization of appropriations Sec. 301. Trafficking Victims Protection Act of 2000. Sec. 302. Trafficking Victims Protection Reauthorization Act of 2005. Sec. 303. Eligibility for assistance. Sec. 304. Reporting requirement. I Combating international trafficking in persons 101. Authority to restrict passports (a) In general The Secretary of State is authorized to— (1) limit to 1 year or such period of time as the Secretary of State shall determine appropriate the period of validity of a passport issued to a sex offender; and (2) revoke the passport or passport card of an individual who has been convicted by a court of competent jurisdiction in a foreign country of a sex offense. (b) Limitation for return to United States Notwithstanding subsection (a), in no case shall a United States citizen convicted by a court of competent jurisdiction in a foreign country of a sex offense be precluded from entering the United States due to a passport revocation under such subsection. (c) Reapplication An individual whose passport or passport card was revoked pursuant to subsection (a)(2) may reapply for a passport or passport card at any time after such individual has returned to the United States. (d) Definitions For purposes of this section: (1) Sex Offender The term sex offender means an individual who is listed on the National Sex Offender Registry established pursuant to section 119 of the Sex Offender Registration and Notification Act (42 U.S.C. 16915). (2) Sex Offense The term sex offense means a sex offense as defined in section 111(5) of the Sex Offender Registration and Notification Act ( 42 U.S.C. 16915 ). 102. Office To Monitor and Combat Modern Slavery and Other Forms of Human Trafficking (a) In general Section 105(e) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103(e) ) is amended— (1) in the heading, by striking office to monitor and combat trafficking and inserting Bureau To monitor and combat modern slavery and Other forms of human trafficking ; (2) in paragraph (1)— (A) in the first sentence, by striking Office to Monitor and Combat Trafficking and inserting Bureau To Monitor and Combat Modern Slavery and Other Forms of Human Trafficking ; (B) in the second sentence, by striking Office and inserting Bureau ; and (C) in the sixth sentence, by striking Office and inserting Bureau ; and (3) in paragraph (2)(B), by striking Office to Monitor and Combat Trafficking and inserting Bureau To Monitor and Combat Modern Slavery and Other Forms of Human Trafficking . (b) Conforming amendments Any reference in the Trafficking Victims Protection Act of 2000 or in any other Act to the Office to Monitor and Combat Trafficking shall be deemed to be a reference to the Bureau to Monitor and Combat Modern Slavery and Other Forms of Human Trafficking. 103. Prevention of child marriage (a) In general Section 106 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7104 ) is amended by adding at the end the following: (j) Prevention of child trafficking through child marriage The Secretary of State shall establish and implement a multi-year, multi-sectoral strategy— (1) to prevent child marriage; (2) to promote the protection and empowerment of girls at risk of child marriage in developing countries; (3) that targets areas in developing countries with high prevalence of child marriage; and (4) that includes diplomatic and programmatic initiatives. . (b) Inclusion of child marriage status in reports The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended— (1) in section 116 (22 U.S.C. 2151n), by adding at the end the following: (g) Child marriage status (1) In general The report required under subsection (d) shall include, for each country in which child marriage is prevalent, a description of the status of the practice of child marriage in such country. (2) Defined term In this subsection, the term child marriage means the marriage of a girl or boy who is— (A) younger than the minimum age for marriage under the laws of the country in which such girl or boy is a resident; or (B) younger than 18 years of age, if no such law exists. ; and (2) in section 502B ( 22 U.S.C. 2304 ), by adding at the end the following: (j) Child marriage status (1) In general The report required under subsection (b) shall include, for each country in which child marriage is prevalent, a description of the status of the practice of child marriage in such country. (2) Defined term In this subsection, the term child marriage means the marriage of a girl or boy who is— (A) younger than the minimum age for marriage under the laws of the country in which such girl or boy is a resident; or (B) younger than 18 years of age, if no such law exists. . 104. Prevention of trafficking (a) Economic alternatives To prevent and deter trafficking Section 106(a) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7104(a) ) is amended— (1) by striking The President and inserting the following: (1) In general The President ; (2) in paragraph (1) (as redesignated), by inserting targeted after carry out ; (3) by striking Such initiatives and inserting the following: (2) Initiatives Such initiatives . (4) by redesignating paragraphs (1) through (5) that follow paragraph (2) (as redesignated) as subparagraphs (A) through (E), respectively, and indenting each such subparagraph (as redesignated) four ems from the left margin; (5) in paragraph (2) (as redesignated)— (A) in subparagraph (A) (as redesignated), by inserting and micro-enterprise after microcredit ; (B) in subparagraph (D) (as redesignated), by striking and at the end; (C) in subparagraph (E) (as redesignated), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (F) public-private partnerships to generate youth employment opportunities. ; and (6) by adding at the end the following: (3) Priority for potential victims of trafficking In carrying out such initiatives, the President may give priority to the following persons who are potential victims of trafficking: (A) Stateless persons. (B) Refugees and internally displaced persons. (C) Persons who lack access to legal representation or are otherwise marginalized. (D) Persons from regions of limited social protections or educational or economic options for women, particularly persons who are victims of sexual abuse or exploitation. (E) Persons from regions of high undocumented migration or displacement resulting from violent conflict or natural disasters. (F) Persons from regions with high rates of child labor, child abandonment, or child sex tourism. (G) Persons who meet one or more of the criteria in subparagraphs (A) through (F). . (b) Prevention of trafficking in conjunction with post-Conflict and humanitarian emergency assistance Section 106(h) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7104(h) ) is amended— (1) by striking The and inserting the following: (1) Incorporation of measures into existing programs The ; and (2) by adding at the end the following: (2) Authorization of assistance to specifically address post-conflict and humanitarian emergencies The Secretary of State, acting through the Ambassador-at-Large for Combating Human Trafficking, is authorized to provide assistance on an urgent basis for vulnerable populations at risk of severe forms of trafficking in persons in conjunction with post-conflict situations and humanitarian emergencies. . 105. Minimum standards for the elimination of trafficking Section 108(b) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7106(b) ) is amended— (1) in paragraph (3)— (A) by striking peacekeeping and inserting diplomatic, peacekeeping, ; (B) by striking , and measures and inserting , a transparent system for remediating or punishing such public officials as a deterrent, measures ; and (C) by inserting and effective policies or laws regulating foreign labor recruiters and holding them civilly and criminally liable for fraudulent recruiting before the period at the end; and (2) in paragraph (7)— (A) by inserting , including diplomats and soldiers, after public officials ; (B) by striking peacekeeping and inserting diplomatic, peacekeeping, ; and (C) by inserting A government’s failure to appropriately address public allegations against such public officials, especially once such officials have returned to their home countries, shall be considered inaction under these criteria. after such trafficking. . 106. Reports to Congress Section 110(b) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(1) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting , acting through the Ambassador-at-Large for Combating Human Trafficking, after Secretary of State ; (B) in subparagraph (E), by striking and at the end; (C) by redesignating subparagraph (F) as subparagraph (I); and (D) by inserting after subparagraph (E) the following: (F) a section entitled Best Practices in Slavery Eradication to highlight innovations in prevention, protection, and prosecution of the perpetrators of trafficking , as well as public-private partnerships; (G) a section entitled Refugee-Trafficking Connection to highlight the vulnerability of refugee populations to human trafficking and to make recommendations for the prevention of refugee trafficking; (H) an assessment of the actions taken by the Department of State and the Department of Justice to investigate allegations of trafficking or abuse of nonimmigrants holding an A–3 visa or a G–5 visa (as such terms are defined in section 203(f) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008), results of such investigations; and ; and (2) in paragraph (2), by inserting , acting through the Ambassador-at-Large for Combating Human Trafficking, after Secretary of State . 107. Temporary increase in fee for certain consular services Section 239(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1351 note) is amended by striking the date that is 3 years after the first date on which such increased fee is collected and inserting September 30, 2017 . 108. Additional activities to monitor and combat forced labor and child labor Section 105(b) of the Trafficking Victims Protection Reauthorization Act of 2005 ( 22 U.S.C. 7112(b) ) is amended— (1) in paragraph (1), by inserting and the United States after foreign countries ; and (2) in paragraph (2)(C)— (A) by inserting and Congress after public ; and (B) by inserting , including the United States, after countries . 109. Additional activities of the Department of State Section 105 of the Trafficking Victims Protection Reauthorization Act of 2005 ( 22 U.S.C. 7112 ) is amended by adding at the end the following: (c) Additional activities of the Department of State (1) Short title This subsection may be cited as the Business Transparency on Trafficking and Slavery Act . (2) Disclosure The Secretary of State, acting through the Ambassador-at-Large for Combating Human Trafficking, shall encourage any person described in paragraph (3)(B) to disclose on an annual basis on the person’s website and to the Secretary of State any measures such person has taken during the year to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within such person’s supply chains. Such disclosure should include the following information under a heading Policies to Address Forced Labor, Slavery, Human Trafficking and the Worst Forms of Child Labor describing to what extent, if any, the person conducts any of the following activities: (A) Maintains a policy to identify and eliminate risks of forced labor, slavery, human trafficking, and the worst forms of child labor within its supply chain. If the person maintains such a policy, the disclosure should include the text of the policy or a substantive description of the elements of the policy. (B) Maintains a policy prohibiting the use of the person’s corporate products, facilities, or services to obtain or maintain someone under conditions of forced labor, slavery, human trafficking, and the worst forms of child labor. (C) Engages in verification of product supply chains to evaluate and address risks of forced labor, slavery, human trafficking and the worst forms of child labor. The disclosure should— (i) describe the greatest risks identified within the supply chain, and the measures taken toward eliminating those risks; (ii) specify whether the verification was or was not conducted by a third party; and (iii) specify whether the verification process includes consultations with independent unions, workers’ associations, or workers within workplaces and incorporates the resulting certification or written comments from such independent union, workers’ associations, or workers. (D) Ensures that audits of suppliers are conducted to evaluate supplier compliance with the person’s company standards for eliminating forced labor, slavery, human trafficking, and the worst forms of child labor in supply chains. The disclosure should specify if the verification was not an independent, unannounced audit. (E) Assesses supply chain management and procurement systems of suppliers in the person’s supply chain, to verify whether said suppliers have in place appropriate systems to identify risks of forced labor, slavery, human trafficking, and the worst forms of child labor within their own supply chain. (F) Requires suppliers in its supply chain to certify that materials incorporated into the product comply with the laws regarding forced labor, slavery, human trafficking, and the worst forms of child labor of the country or countries in which they are doing business. (G) Maintains internal accountability standards, supply chain management and procurement systems, and procedures for employees or contractors failing to meet the person’s company standards regarding forced labor, slavery, human trafficking, and the worst forms of child labor. The disclosure should describe such standards and systems. (H) Provides the person’s employees and management who have direct responsibility for supply chain management, training on forced labor, slavery, human trafficking and the worst forms of child labor, particularly with respect to mitigating risks within the supply chains of products. (I) Ensures that recruitment practices at all suppliers comply with the person’s company standards for eliminating exploitive labor practices that contribute to forced labor, slavery, human trafficking, and the worst forms of child labor, including by conducting audits of labor recruiters and disclosing the results of such audits. (J) In cases where forced labor, slavery, human trafficking, and the worst forms of child labor have been identified within the supply chain, ensures that remediation is provided to those who have been identified as victims. (3) Definitions In this subsection— (A) the term forced labor, slavery, human trafficking and the worst forms of child labor means child labor in violation of international standards including International Labor Organization Convention No. 182 and acts that would violate the criminal provisions related to slavery and human trafficking under chapter 77 of title 18 if they had been committed within the jurisdiction of the United States; (B) the term person means any publicly traded or private entity wherever located, carrying out business operations in the United States, and having annual worldwide global receipts in excess of $100,000,000; (C) the term remediation means the activities or systems that a company puts in place to address non-compliance with the standards identified through monitoring or verification, which may apply to individuals adversely affected by the non-compliant conduct or address broader systematic processes; (D) the term supply chain , with respect to a person making the disclosure described in subsection (a), means all suppliers of products, component parts of products, and raw materials used by such person in the manufacturing of such person’s products or the provision of such person’s services, whether or not such person has a direct relationship with the supplier; and (E) the term verification means the process by which a company is evaluated to determine compliance with its documented program, including standards on forced labor, slavery, human trafficking, and the worst forms of child labor, including an evaluation of— (i) data gathered through monitoring activities to ensure results are reliable and process is credible; and (ii) the system established to remediate violations to determine if remediation is implemented and effective. . 110. Enhancing protection for children exploited abroad by United States citizens and permanent resident aliens Section 2423 of title 18, United States Code, is amended— (1) in subsection (c)— (A) by inserting or engages in travel affecting before foreign commerce ; and (B) by inserting (even if residing, whether temporarily or permanently, in a foreign jurisdiction) after foreign commerce ; and (2) by inserting after subsection (g) the following: (h) Non-Defenses It is not a defense to a prosecution under subsection (c), based on illicit sexual conduct, that the defendant is not criminally liable or is subject to reduced criminal liability due to the de jure or de facto acceptance of the illicit conduct in the foreign jurisdiction in which the defendant travels or resides. . 111. Report on Internet-facilitated human trafficking (a) In general Not later than January 1, 2013, the Senior Policy Operating Group, in coordination with the Office to Combat Modern Slavery and Other Forms of Human Trafficking of the Department of State, shall submit to Congress a report on Internet-facilitated human trafficking. (b) Matters To be included The report shall include the following: (1) Statistics and trends relating to Internet-facilitated human trafficking cases over the last 10 years. To the extent possible, the statistics and trends should be broken down by Federal department and agency handling each case. (2) Factors that impact the prevalence of Internet-facilitated trafficking, such as geography, season, and large events. (3) Specific challenges faced by Federal departments and agencies in preventing Internet-facilitated trafficking and prosecuting offenders. (4) Proposals to assist the Federal Government to prevent Internet-facilitated human trafficking. In drafting the proposals, the Senior Policy Operating Group should examine— (A) adoption of cutting-edge technology; (B) collaboration between the private and public sectors; (C) enforcement of current laws; (D) improved information gathering and interdepartmental collaboration; and (E) development of new laws and policies. (c) Consultation In preparing the report, the Senior Policy Operating Group should consult with local law enforcement and private-sector and non-profit agencies that have demonstrated a commitment to ending Internet-facilitated human trafficking. (d) Definitions In this section— (1) the term Internet-facilitated human trafficking means the use of the Internet to engage in severe forms of trafficking in persons; (2) the term Senior Policy Operating Group means the Senior Policy Operating Group— (A) established under section 105(f) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(f)); and (B) chaired by the Ambassador-at-Large for Combating Human Trafficking; and (3) the term severe forms of trafficking in persons has the meaning given such term in section 103(8) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(8) ). II Combating trafficking in persons in the United States A Amendments to the Trafficking Victims Protection Act of 2000 201. Interagency Task Force To Monitor and Combat Trafficking (a) Appointment Section 105(b) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103(b) ) is amended by inserting after Education, the following: the Director of the Peace Corps, . (b) Reporting requirements for the Attorney General Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103(d)(7) ) is amended— (1) by redesignating subparagraphs (D) through (J) as subparagraphs (I) through (O); (2) by striking subparagraphs (B) and (C) and inserting the following: (B) the number of persons who have been granted continued presence in the United States under section 107(c)(3) during the preceding fiscal year and the mean and median time taken to adjudicate applications submitted under such section, including the time from the receipt of an application by law enforcement to the issuance of continued presence, and a description of any efforts being taken to reduce the adjudication and processing time while ensuring the safe and competent processing of the applications; (C) the number of persons who have applied for, been granted, or been denied a visa or otherwise provided status under subparagraph (T)(i) or (U)(i) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) during the preceding fiscal year; (D) the number of persons who have applied for, been granted, or been denied a visa or status under clause (ii) of section 101(a)(15)(T) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(T) ) during the preceding fiscal year, broken down by the number of such persons described in subclauses (I), (II), and (III) of such clause (ii); (E) the amount of Federal funds expended in direct benefits paid to individuals described in subparagraph (D) in conjunction with T visa status; (F) the number of persons who have applied for, been granted, or been denied a visa or status under section 101(a)(15)(U)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)) during the preceding fiscal year; (G) the mean and median time in which it takes to adjudicate applications submitted under the provisions of law set forth in subparagraph (C), including the time between the receipt of an application and the issuance of a visa and work authorization; (H) any efforts being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing of the applications; ; (3) in subparagraph (N)(iii), as redesignated, by striking and at the end; (4) in subparagraph (O), as redesignated, by striking the period at the end and inserting ; and ; and (5) by adding at the end the following: (P) the activities undertaken by Federal agencies to train appropriate State, tribal, and local government and law enforcement officials to identify victims of severe forms of trafficking, including both sex and labor trafficking; (Q) the activities undertaken by Federal agencies in cooperation with State, tribal, and local law enforcement officials to identify, investigate, and prosecute offenses under sections 1581, 1583, 1584, 1589, 1590, 1592, and 1594 of title 18, United States Code, or equivalent State offenses, including, in each fiscal year— (i) the number, age, gender, country of origin, and citizenship status of victims identified for each offense; (ii) the number of individuals charged, and the number of individuals convicted, under each offense; (iii) the number of individuals referred for prosecution for State offenses, including offenses relating to the purchasing of commercial sex acts; (iv) the number of victims granted continued presence in the United States under section 107(c)(3); and (v) the number of victims granted a visa or otherwise provided status under subparagraph (T)(i) or (U)(i) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and (R) the activities undertaken by the Department of Justice and the Department of Health and Human Services to meet the specific needs of minor victims of domestic trafficking, including actions taken pursuant to subsection (f) and section 202(a) of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044(a)), and the steps taken to increase cooperation among Federal agencies to ensure the effective and efficient use of programs for which the victims are eligible. . (c) Report on activities of government contractors and subcontractors Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103(d)(7) ) is amended— (1) in subparagraph (M)(iii), as redesignated by subsection (b), by striking the semicolon at the end and inserting the following: , including whether— (I) employee handbooks or handbook equivalents of such government contractors and subcontractors describe the United States Government’s zero-tolerance policy regarding trafficking in persons and the actions, up to and including termination, that the employer will take against its employees for violations of the zero-tolerance policy; and (II) any employees of such government contractors or subcontractors have been disciplined or terminated or prosecuted for violation of the zero-tolerance policy; ; and (2) in subparagraph (N)(i), as redesignated by subsection (b), by adding at the end before the semicolon the following: , including the extent to which Federal departments and agencies have terminated any contracts of United States Government’s contractors or subcontractors based on a trafficking in persons offense and whether any employees of any United States Government’s contractor or subcontractor have been disciplined, terminated, or prosecuted for violation of the zero-tolerance policy . (d) Report on activities of Bureau of Justice Assistance Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103(d)(7) ), as amended by subsection (b) of this section, is further amended— (1) in subparagraph (N), as redesignated by subsection (b), by striking and at the end; (2) in subparagraph (O), as redesignated by subsection (b), by striking the period at the end and inserting ; and ; and (3) by adding the following: (K) with regard to grant activities of the Bureau of Justice Assistance— (i) for each human trafficking taskforce whose operations are supported by grants from the Department of Justice, the number of reports of trafficking, investigations of trafficking, T- and U-visa certifications requested and granted in connection with instances of trafficking, requests for continuation of presence under 107(c)(A)(iii) and grants of the same; (ii) a description of the data described in clause (i) classified by certain identifying information of each trafficking victim including sex, age, citizenship, and whether that individual was the victim of trafficking for purposes of labor or for commercial sex; and (iii) an outline of the content of any existing protocols of the human trafficking taskforce for reporting trafficking and points of entry into the criminal investigation and service provision collaboration. . 202. Ensuring timely response to requests for continued presence Section 107(c)(3)(A)(i) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105 (c)(3)(A)(i)) is amended— (1) by inserting or may be a victim of a severe form of trafficking before and may be a potential witness ; and (2) by adding after the period at the end the following: If a request for continued presence is made to a Federal law enforcement official, such official shall respond to the request not later than 15 days after the date on which such request was made, stating whether the official has filed the application for continued presence with the Secretary of Homeland Security and, if not, whether the official expects to do so. Not later than one month after the date on which such an application is filed, the Secretary of Homeland Security shall approve or deny that application. . 203. Report to Congress Section 110(b) of the Trafficking Victims Protection Act of 2000 (7107(b)) is amended by adding at the end the following: (5) Additional reporting requirement In addition to the information required in the annual report under paragraph (1) and the interim report under paragraph (2), the Secretary of State shall include in each such report a description of efforts of the United States to comply with minimum standards for the elimination of trafficking. . B Amendments to title 18, United States Code 211. Renaming of basic Federal trafficking statute (a) In general The section heading for section 2422 of title 18, United States Code, is amended by striking Coercion and enticement and inserting Sex trafficking and related offenses . (b) Clerical amendment The table of sections at the beginning of chapter 117 of title 18, United States Code, is amended so that the item relating to section 2422 reads as follows: 2422. Sex trafficking and related offenses. . 212. Clarifying trafficking definitions and prosecution (a) In general The section heading for section 1591 of title 18, United States Code, is amended in the section heading, by striking Sex trafficking of children or by force, fraud, or coercion and inserting Severe forms of trafficking in persons . (b) Clerical amendment The table of sections at the beginning of chapter 77 of title 18, United States Code, is amended so that the item relating to section 1591 reads as follows: 1591. Severe forms of trafficking in persons. . 213. Fighting sex tourism The heading for subsection (d) of section 2423 of title 18, United States Code, is amended by striking Ancillary offenses and inserting Child sex tourism . 214. Identification documents (a) In general Chapter 77 of title 18, United State Code, is amended by adding at the end the following: 1597. Unlawful conduct with respect to immigration documents (a) Destruction, concealment, removal, confiscation, or possession of immigration documents It shall be unlawful for any person to knowingly destroy, or, for a period of more than 48 hours, conceal, remove, confiscate, or possess, an actual or purported passport, other immigration, or personal identification document of another individual— (1) in the course of a violation of section 1351 of this title or section 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ); (2) with intent to violate section 1351 of this title or section 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ); or (3) in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual. (b) Penalty Whoever violates subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both. (c) Obstruction Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be subject to the penalties described in subsection (b). . (b) Clerical amendment The table of sections at the beginning of chapter 77 of title 18, United States Code, is amended by adding at the end the following: 1597. Unlawful conduct with respect to immigration documents. . 215. Fraud in foreign labor contracting as a Rico Predicate Section 1961 of title 18, United States Code, is amended in paragraph (1)(B) by inserting section 1351 (fraud in foreign labor contracting), after section 1344 (relating to financial institution fraud), . C Amendments to other laws 221. Domestic minor sex trafficking deterrence and victims support (a) Sense of Congress It is the sense of the Congress that— (1) the Attorney General should implement changes to the National Crime Information Center database to ensure that— (A) a child entered into the database will be automatically designated as an endangered juvenile if the child has been reported missing not less than 3 times in a 1-year period; (B) the database is programmed to cross-reference newly entered reports with historical records already in the database; and (C) the database is programmed to include a visual cue on the record of a child designated as an endangered juvenile to assist law enforcement officers in recognizing the child and providing the child with appropriate care and services; (2) funds awarded under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ) (commonly known as Byrne Grants) should be used to provide education, training, deterrence, and prevention programs relating to sex trafficking of minors; (3) States should— (A) treat minor victims of sex trafficking as crime victims rather than as criminal defendants or juvenile delinquents; (B) adopt laws that— (i) establish the presumption that a child under the age of 18 who is charged with a prostitution offense is a minor victim of sex trafficking; (ii) avoid the criminal charge of prostitution for such a child, and instead consider such a child a victim of crime and provide the child with appropriate services and treatment; and (iii) strengthen criminal provisions prohibiting the purchasing of commercial sex acts, especially with minors; and (C) amend State statutes and regulations— (i) relating to crime victim compensation to make eligible for such compensation any individual who is a victim of sex trafficking as defined in section 1591(a) of title 18, United States Code, or a comparable State law against commercial sexual exploitation of children, and who would otherwise be ineligible for such compensation due to participation in prostitution activities because the individual is determined to have contributed to, consented to, benefitted from, or otherwise participated as a party to the crime for which the individual is claiming injury; and (ii) relating to law enforcement reporting requirements to provide for exceptions to such requirements for victims of sex trafficking in the same manner as exceptions are provided to victims of domestic violence or related crimes; and (4) demand for commercial sex with sex trafficking victims must be deterred through consistent enforcement of criminal laws against purchasing commercial sex. (b) In general Section 202 of the Trafficking Victims Protection Reauthorization Act of 2005 ( 42 U.S.C. 14044a ) is amended to read as follows: 202. Establishment of a grant program to develop, expand, and strengthen assistance programs for certain persons subject to trafficking (a) Definitions In this section— (1) the term Assistant Attorney General means the Assistant Attorney General for the Office of Justice Programs of the Department of Justice; (2) the term eligible entity means a State or unit of local government that— (A) has significant criminal activity involving sex trafficking of minors; (B) has demonstrated cooperation between State and local law enforcement agencies, prosecutors, and social service providers in addressing sex trafficking of minors; (C) has developed a workable, multi-disciplinary plan to combat sex trafficking of minors, including— (i) the establishment of a shelter for minor victims of sex trafficking, through existing or new facilities; (ii) the provision of rehabilitative care to minor victims of sex trafficking; (iii) the provision of specialized training for law enforcement officers and social service providers for all forms of sex trafficking, with a focus on sex trafficking of minors; (iv) prevention, deterrence, and prosecution of offenses involving sex trafficking of minors; (v) cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth; and (vi) law enforcement protocols or procedures to screen all individuals arrested for prostitution, whether adult or minor, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; (D) has a victim certification process for eligibility and access to State-administered medical care to ensure that minor victims of sex trafficking who are not eligible for interim assistance under section 107(b)(1)(F) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(F)) are granted eligibility for, and have access to, State-administered medical care immediately upon certification as such a victim, or as soon as practicable thereafter but not later than the period determined by the Assistant Attorney General in consultation with the Assistant Secretary for Children and Families of the Department of Health and Human Services; and (E) provides an assurance that, under the plan under subparagraph (C) , a minor victim of sex trafficking shall not be required to collaborate with law enforcement to have access to any shelter or services provided with a grant under this section; (3) the term minor victim of sex trafficking means an individual who is— (A) under the age of 18 years old, and is a victim of an offense described in section 1591(a) of title 18, United States Code, or a comparable State law; or (B) at least 18 years old but not more than 20 years old, and who, on the day before the individual attained 18 years of age, was described in subparagraph (A) and was receiving shelter or services as a minor victim of sex trafficking; (4) the term qualified non-governmental organization means an organization that— (A) is not a State or unit of local government, or an agency of a State or unit of local government; (B) has demonstrated experience providing services described in paragraph (3)(B) to victims of sex trafficking or related populations (such as runaway and homeless youth), or employs staff specialized in the treatment of sex trafficking victims; and (C) demonstrates a plan to sustain the provision of services beyond the period of a grant awarded under this section; and (5) the term sex trafficking of a minor means an offense described in subsection (a) of section 1591 of title 18, United States Code, the victim of which is a minor. (b) Grants authorized (1) In general The Assistant Attorney General, in consultation with the Assistant Secretary for Children and Families of the Department of Health and Human Services, is authorized to award block grants to not more than 6 eligible entities in different regions of the United States to combat sex trafficking, and not fewer than 1 of the block grants shall be awarded to an eligible entity with a State population of less than 5,000,000. (2) Grant amount Subject to the availability of appropriations under subsection (f) to carry out this subsection, each grant awarded under this subsection shall be for an amount not less than $1,500,000 and not greater than $2,000,000. (3) Duration (A) In general A grant awarded under this section shall be for a period of 1 year. (B) Renewal (i) In general The Assistant Attorney General may renew a grant under this section for two 1-year periods. (ii) Priority In awarding grants in any fiscal year after the first fiscal year in which grants are awarded under this section, the Assistant Attorney General shall give priority to applicants that received a grant in the preceding fiscal year and are eligible for renewal under this subparagraph, taking into account any evaluation of such applicant conducted pursuant to subsection (e) , if available. (4) Consultation In carrying out this subsection, consultation by the Assistant Attorney General with the Assistant Secretary for Children and Families of the Department of Health and Human Services shall include consultation with respect to grantee evaluations, the avoidance of unintentional duplication of grants, and any other areas of shared concern. (c) Use of funds (1) Allocation For each grant awarded under subsection (b) — (A) not less than 50 percent of the funds shall be used by the eligible entity to provide shelter and services (as described in subparagraphs (A) through (D) of paragraph (2) ) to minor victims of sex trafficking through qualified nongovernmental organizations; and (B) not less than 10 percent of the funds shall be awarded by the eligible entity to one or more qualified nongovernmental organizations with annual revenues of less than $750,000, to provide services to minor victims of sex trafficking or training for service providers related to sex trafficking of minors. (2) Authorized activities Grants awarded pursuant to subsection (b) may be used for— (A) providing shelter to minor victims of trafficking, including temporary or long-term placement as appropriate; (B) providing 24-hour emergency social services response for minor victims of sex trafficking; (C) providing minor victims of sex trafficking with clothing and other daily necessities needed to keep such victims from returning to living on the street; (D) case management services for minor victims of sex trafficking; (E) mental health counseling for minor victims of sex trafficking, including specialized counseling and substance abuse treatment; (F) legal services for minor victims of sex trafficking; (G) specialized training for law enforcement personnel and social service providers, specific to issues related to sex trafficking, including sex trafficking of minors; (H) funding salaries, in whole or in part, for law enforcement officers, including patrol officers, detectives, and investigators, except that the percentage of the salary of the law enforcement officer paid for by funds from a grant awarded under subsection (b) shall not be more than the percentage of the officer’s time on duty that is dedicated to working on cases involving sex trafficking of minors; (I) funding salaries for State and local prosecutors, including assisting in paying trial expenses for prosecution of sex trafficking offenders; (J) investigation expenses for cases involving sex trafficking of minors, including— (i) wire taps; (ii) consultants with expertise specific to cases involving sex trafficking of minors; (iii) travel; and (iv) any other technical assistance expenditures; (K) outreach and education programs to provide information about deterrence and prevention of sex trafficking of minors; and (L) start up costs for self-sustaining programs to provide treatment to individuals charged or cited with purchasing or attempting to purchase sex acts in cases where— (i) a treatment program can be mandated as a condition of a sentence, fine, suspended sentence, or probation, or is an appropriate alternative to criminal prosecution; and (ii) the individual was not charged with purchasing or attempting to purchase sex acts with a minor. (3) Prohibited activities Grants awarded pursuant to paragraph (2) shall not be used for medical care (as defined in section 2791(a)(2) of the Public Health Service Act (42 U.S.C. 300gg–91)), except that grants may be used for mental health counseling as authorized under paragraph (2)(E) . (d) Application (1) In general Each eligible entity desiring a grant under this Act shall submit an application to the Assistant Attorney General at such time, in such manner, and accompanied by such information as the Assistant Attorney General may reasonably require. (2) Contents Each application submitted pursuant to paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Assistant Attorney General determines to be essential to ensure compliance with the requirements of this Act. (e) Evaluation The Assistant Attorney General shall, in consultation with the Comptroller General of the United States, enter into a contract with an academic or non-profit organization that has experience in issues related to sex trafficking of minors and evaluation of grant programs to conduct an annual evaluation of grants made under this section to determine the impact and effectiveness of programs funded with grants awarded under subsection (b) . (f) Authorization of Appropriations For each of the fiscal years 2014 through 2017, there are authorized to be appropriated $8,000,000 to the Attorney General to carry out the provisions of this section. . (c) Reporting requirements (1) Reporting requirement for State child welfare agencies (A) Requirement for State child welfare agencies to report children missing or abducted Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended— (i) in paragraph (32), by striking and after the semicolon; (ii) in paragraph (33), by striking the period and inserting ; and ; and (iii) by inserting after paragraph (33) the following: (34) provides that the State has in effect procedures that require the State agency to promptly report information on missing or abducted children to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 of title 28, United States Code. . (B) Regulations The Secretary of Health and Human Services shall promulgate regulations implementing the amendments made by subparagraph (A) . The regulations promulgated under this subsection shall include provisions to withhold Federal funds from any State that fails to substantially comply with the requirement imposed under the amendments made by subparagraph (A) . (C) Effective date The amendment made by subparagraph (A) shall take effect on the date that is 6 months after the date of the enactment of this Act, without regard to whether final regulations required under subparagraph (B) have been promulgated. (2) Annual statistical summary Section 3701(c) of the Crime Control Act of 1990 ( 42 U.S.C. 5779(c) ) is amended by inserting , which shall include the total number of reports received and the total number of entries made to the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 of title 28, United States Code. after this title . (3) State reporting Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended in paragraph (4)— (A) by striking (2) and inserting (3) ; (B) in subparagraph (A), by inserting , and a photograph taken within the previous 180 days after dental records ; (C) in subparagraph (B), by striking and after the semicolon; (D) by redesignating subparagraph (C) as subparagraph (D); and (E) by inserting after subparagraph (B) the following: (C) notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution; and . 222. Enhancing efforts to combat the trafficking of children (a) Combating child trafficking at the border and ports of entry of the United States (1) Section 235(a)(2)(A) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a)(2)(A) ) is amended— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iv) the return of such child to the child's country of nationality or of last habitual residence would not endanger the life or safety of such child. . (2) Section 235(a)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4)) is amended— (A) by inserting To the extent feasible, unaccompanied alien children should be housed and screened by an immigration officer with expertise in child welfare in separate child-friendly facilities conducive to disclosing information related to human trafficking or exploitation. before If the child does not meet such criteria ; and (B) by adding at the end the following: In the course of building or remodeling existing immigration facilities, consideration should be given to including separate child-friendly space conducive to disclosing information relating to human trafficking or exploitation. . (3) Section 235(a)(5) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(5)) is amended by adding at the end the following: (E) Report to Congress Not later than 180 days after the date of enactment of the Trafficking Victims Protection Reauthorization Act of 2011, and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and Secretary of State, shall report to Congress the following: (i) The number of alien children encountered by U.S. Customs and Border Protection. (ii) The number of alien children screened for severe forms of human trafficking. (iii) Whether the screening was conducted by an individual with expertise in child welfare. (iv) How many of these children were repatriated and how many were diverted into services. . (b) Combating Child Trafficking and Exploitation in the United States Section 235(b)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b)(2) ) is amended by striking within 48 hours and inserting within 24 hours . (c) Providing safe and secure placements for children (1) Section 235(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(2) ) is amended by adding at the end the following: The Secretary of Homeland Security shall either release, pursuant to the Secretary’s sole discretion, or place in the least restrictive setting an alien who— (A) has been placed under this paragraph as a child; (B) has demonstrated that he or she is not a danger to the community or a flight risk; and (C) has become ineligible, by reason of age, for placement as a child. . (2) Section 235(c)(3)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)(B)) is amended by striking shall conduct follow-up services and all that follows through for whom a home study was conducted and inserting the following: shall provide at least 1 visit for follow-up services on all children not later than 45 days after placement, . 223. Improving local efforts to combat trafficking and sexual exploitation of children Section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is amended— (1) in paragraph (32), by striking and at the end; (2) in paragraph (33), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (34) not later than January 1, 2013, describes State child welfare existing practice and any future plans regarding prevention measures and victim assistance related to the human trafficking and commercial sexual exploitation of foreign, United States citizen and legal resident children including— (A) collaborations with local and State agencies and non-profit organizations to identify and care for children believed or confirmed to be, or at-risk of becoming victims of a severe form of human trafficking; (B) training for the child welfare employees who are likely to come into contact with child victims of human trafficking; (C) jurisdictional limits and other issues that hinder State child welfare response to aid child victims of human trafficking; (D) data collection regarding children identified by child welfare services as victims of trafficking and, if known, relationship to exploiter; and (E) prevention education to families and at-risk children, including runaway and homeless youth, regarding human trafficking and commercial sexual exploitation. . 224. Efforts to publicize the National Human Trafficking Resource Center hotline (a) Task force activities Section 105(d)(6) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103(d)(6) ) is amended by inserting , and make reasonable efforts to distribute information to enable all relevant Federal Government agencies to publicize the National Human Trafficking Resource Center Hotline on their websites, in all headquarters offices, and in all field offices throughout the United States before the period at the end. (b) Grantee hotline information The Attorney General shall consult with the Secretary of Health and Human Services to make reasonable efforts to distribute information to enable grantees under section 107(b) of the Trafficking Victims Protection Act of 2000 to publicize the National Human Trafficking Resource Center hotline on their Web sites, within the program’s headquarters as well as field offices across the United States. (c) Hotline information (1) In general The Secretary of Health and Human Services, in coordination with the Attorney General, shall make reasonable efforts to encourage States to adopt legislation to raise public awareness of the National Human Trafficking Resource Center hotline in every mandated establishment where victims of human trafficking may possibly work or visit. (2) Posting of model hotline information The legislation described in paragraph (1) should include a requirement that information relating to the National Human Trafficking Resource Center hotline be posted in accordance with the following specifications: (A) Poster location The poster should be publicly displayed in a conspicuous place near the entrance of mandated establishments or where such posters and notices are customarily posted in such establishments. (B) Poster specifications The poster should be no smaller than 8½ by 11 inches in size and state the following: If you or someone you know is being forced to engage in any activity and cannot leave—whether it is commercial sex, housework, farm work, or any other activity—call the National Human Trafficking Resource Center Hotline at 1–888–373–7888 to access help and services. Victims of human trafficking are protected under United States and State law. The Hotline is: Available 24 hours a day, 7 days a week. Toll-free. Operated by a non-profit, nongovernmental organization. Anonymous & Confidential. Accessible in 170 languages. Able to provide help, referral to services, training, and general information. . (C) Languages The poster should be printed in English, Spanish, and any other languages required by the Voting Rights Act in the county in which the poster will be posted. (D) Notice The licensing authority should provide each mandated establishment with notice of this section and with the required poster upon licensing and should place the poster on its public Web site for mandated establishments to print as needed. (3) Definition of Mandated Establishment For purposes of this section, a mandated establishment means— (A) a massage parlor, spa, or other similar establishment; (B) an establishment that receives a liquor license; (C) a strip club or other sexually oriented business; (D) a restaurant; (E) an airport; (F) a train station; (G) a bus station; (H) a highway truck stop; (I) a highway rest stop; (J) a hospital, HMO, or urgent care center; (K) a farm; (L) a high school; or (M) a job recruitment center. III Authorization of appropriations 301. Trafficking Victims Protection Act of 2000 (a) Human Smuggling and Trafficking Center Section 112A(b)(4) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7109a(b)(4) ) is amended— (1) by striking $2,000,000 and inserting $1,000,000 ; and (2) by striking fiscal years 2008 through 2011 and inserting fiscal years 2014 through 2017 . (b) Authorizations of appropriations (1) Section 113 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7110 ) is amended— (A) in subsection (a)— (i) in the first sentence— (I) by striking 104, ; and (II) by striking fiscal years 2008 through 2011 and inserting fiscal years 2014 through 2017 ; and (ii) in the second sentence— (I) by striking fiscal years 2008 through 2011 and inserting fiscal years 2014 through 2017 ; and (II) by striking , and $3,000 for official reception and presentation expenses ; (B) in subsection (b)— (i) in paragraph (1)— (I) by striking fiscal years 2008 through 2011 and inserting fiscal years 2014 through 2017 ; and (II) by adding at the end the following: Of the amount made available to carry out the purposes of section 107(b) for a fiscal year, not less than two-thirds of such amount shall be used to provide services for victims under such section. ; and (ii) in paragraph (2), by striking Secretary of Health and Human Services and all that follows and inserting Secretary of Health and Human Services $7,000,000 for each of the fiscal years 2014 through 2017. ; (C) in subsection (c)(1)— (i) in subparagraph (A), by striking fiscal years 2008 through 2011 and inserting fiscal years 2014 through 2017 ; (ii) in subparagraph (B), by striking fiscal years 2008 through 2011 each place it appears and inserting fiscal years 2014 through 2017 ; and (iii) in subparagraph (C), by striking fiscal years 2008 through 2011 and inserting fiscal years 2014 through 2017 ; (D) in subsection (d)— (i) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively; (ii) in paragraph (1) (as redesignated), by striking fiscal years 2008 through 2011 and inserting fiscal years 2014 through 2017 ; and (iii) in paragraph (3) (as redesignated), by striking Attorney General and all that follows and inserting Attorney General $7,000,000 for each of the fiscal years 2014 through 2017. ; (E) in subsection (e)— (i) in paragraph (1), by striking $15,000,000 for each of the fiscal years 2008 through 2011 and inserting $7,500,000 for each of the fiscal years 2014 through 2017 ; and (ii) in paragraph (2), by striking $15,000,000 for each of the fiscal years 2008 through 2011 and inserting $7,500,000 for each of the fiscal years 2014 through 2017 ; (F) in subsection (f), by striking $10,000,000 for each of the fiscal years 2008 through 2011 and inserting $5,000,000 for each of the fiscal years 2014 through 2017 ; and (G) in subsection (i), by striking $18,000,000 for each of the fiscal years 2008 through 2011 and inserting $10,000,000 for each of the fiscal years 2014 through 2017 . 302. Trafficking Victims Protection Reauthorization Act of 2005 Section 204(d) of the Trafficking Victims Protection Reauthorization Act of 2005 ( 42 U.S.C. 14044c(d) ) is amended by striking $20,000,000 for each of the fiscal years 2008 through 2011 and inserting $10,000,000 for each of the fiscal years 2014 through 2017 . 303. Eligibility for assistance (a) Prohibition against discrimination (1) In general An organization, including a faith-based organization, that is otherwise eligible to receive assistance under any provision of law referenced in subsection (d) shall not be— (A) required, as a condition of receiving such assistance, to endorse, utilize, provide, make a referral to, become integrated with, or otherwise participate in any program, project, or activity to which the organization has a religious or moral objection; or (B) discriminated against in the solicitation or issuance of grants, contracts, cooperative agreements, or other Federal funding under any provision of law referenced in subsection (d) for refusing to meet any requirements described in subparagraph (A). (2) Rule of construction Nothing in this subsection shall be construed to prohibit the Federal Government from making alternative arrangements for any program, project, or activity to which an organization has a moral or religious objection, if such arrangements— (A) do not violate the provisions of paragraph (1); and (B) are not made for any program, project, or activity for which Federal funding is otherwise prohibited. (b) Remedies (1) In general The courts of the United States shall have jurisdiction to prevent and redress actual or threatened violations of this section by issuing any form of legal or equitable relief, including— (A) injunctions prohibiting conduct that violates this section; and (B) orders preventing the disbursement of all or a portion of Federal financial assistance to a specific offending department, agency, or program, project, or activity until such time as the conduct prohibited by this section has ceased. (2) Commencement of action An action under this section may be instituted by— (A) any organization that has standing to complain of an actual or threatened violation of this section; or (B) the Attorney General of the United States. (3) Relation to administrative remedies A party may commence or continue an action and obtain relief under this subsection without regard to whether a complaint under subsection (c) has been filed or is pending. (c) Administration The President shall designate an official within each Federal department or agency that receives funding to carry out any provision of law referenced in subsection (d)— (1) to receive complaints alleging a violation of this section; and (2) to pursue the investigation of such complaints, in coordination with the Attorney General. (d) Provisions of law The provisions of law referenced in this subsection are the following: (1) This Act or any amendment made by this Act. (2) The Trafficking Victims Protection Act of 2000. (3) The Trafficking Victims Protection Reauthorization Act of 2005. (4) The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. 304. Reporting requirement Not later than March 31 of 2014 through 2017, the President shall submit to Congress a report for the prior fiscal year that shall include— (1) the amount of appropriations that each department or agency for which such appropriations were authorized under the Trafficking Victims Protection Act of 2000 or the Trafficking Victims Protection Reauthorization Act of 2005 directed to activities described in such Acts; (2) a list of the activities funded through the appropriations identified in paragraph (1), including the responsible department or agency and the section of the Trafficking Victims Protection Act of 2000 or the Trafficking Victims Protection Reauthorization Act of 2005 that authorizes such activity; and (3) the appropriations account from which each activity described in paragraph (2) was funded and the amount contributed from such account for each activity.

https://www.govinfo.gov/content/pkg/BILLS-113hr898ih/xml/BILLS-113hr898ih.xml

113-hr-899

I 113th CONGRESS 1st Session H. R. 899 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Ms. Foxx (for herself, Mr. Lankford , Ms. Loretta Sanchez of California , Mr. Peterson , and Mr. McIntyre ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on the Budget , Rules , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for additional safeguards with respect to imposing Federal mandates, and for other purposes. 1. Short title This Act may be cited as the Unfunded Mandates Information and Transparency Act of 2013 . 2. Purpose The purpose of this Act is— (1) to improve the quality of the deliberations of Congress with respect to proposed Federal mandates by— (A) providing Congress and the public with more complete information about the effects of such mandates; and (B) ensuring that Congress acts on such mandates only after focused deliberation on their effects; and (2) to enhance the ability of Congress and the public to identify Federal mandates that may impose undue harm on consumers, workers, employers, small businesses, and State, local, and tribal governments. 3. Providing for Congressional Budget Office studies on policies involving changes in conditions of grant aid Section 202(g) of the Congressional Budget Act of 1974 ( 2 U.S.C. 602(g) ) is amended by adding at the end the following new paragraph: (3) Additional studies At the request of any Chairman or ranking member of the minority of a Committee of the Senate or the House of Representatives, the Director shall conduct an assessment comparing the authorized level of funding in a bill or resolution to the prospective costs of carrying out any changes to a condition of Federal assistance being imposed on State, local, or tribal governments participating in the Federal assistance program concerned or, in the case of a bill or joint resolution that authorizes such sums as are necessary, an assessment of an estimated level of funding compared to such costs. . 4. Clarifying the definition of direct costs to reflect Congressional Budget Office practice Section 421(3) of the Congressional Budget Act of 1974 ( 2 U.S.C. 658(3)(A)(i) ) is amended— (1) in subparagraph (A)(i), by inserting incur or before be required ; and (2) in subparagraph (B), by inserting after to spend the following: or could forgo in profits, including costs passed on to consumers or other entities taking into account, to the extent practicable, behavioral changes, . 5. Expanding the scope of reporting requirements to include regulations imposed by independent regulatory agencies Paragraph (1) of section 421 of the Congressional Budget Act of 1974 ( 2 U.S.C. 658 ) is amended by striking , but does not include independent regulatory agencies and inserting , except it does not include the Board of Governors of the Federal Reserve System or the Federal Open Market Committee . 6. Amendments to replace Office of Management and Budget with Office of Information and Regulatory Affairs The Unfunded Mandates Reform Act of 1995 ( Public Law 104–4 ; 2 U.S.C. 1511 et seq.) is amended— (1) in section 103(c) (2 U.S.C. 1511(c))— (A) in the subsection heading, by striking Office of Management and Budget and inserting Office of Information and Regulatory Affairs ; and (B) by striking Director of the Office of Management and Budget and inserting Administrator of the Office of Information and Regulatory Affairs ; (2) in section 205(c) (2 U.S.C. 1535(c))— (A) in the subsection heading, by striking OMB ; and (B) by striking Director of the Office of Management and Budget and inserting Administrator of the Office of Information and Regulatory Affairs ; and (3) in section 206 (2 U.S.C. 1536), by striking Director of the Office of Management and Budget and inserting Administrator of the Office of Information and Regulatory Affairs . 7. Applying substantive point of order to private sector mandates Section 425(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 658d(a)(2)) is amended— (1) by striking Federal intergovernmental mandates and inserting Federal mandates ; and (2) by inserting or 424(b)(1) after section 424(a)(1) . 8. Regulatory process and principles Section 201 of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1531 ) is amended to read as follows: 201. Regulatory process and principles (a) In general Each agency shall, unless otherwise expressly prohibited by law, assess the effects of Federal regulatory actions on State, local, and tribal governments and the private sector (other than to the extent that such regulatory actions incorporate requirements specifically set forth in law) in accordance with the following principles: (1) Each agency shall identify the problem that it intends to address (including, if applicable, the failures of private markets or public institutions that warrant new agency action) as well as assess the significance of that problem. (2) Each agency shall examine whether existing regulations (or other law) have created, or contributed to, the problem that a new regulation is intended to correct and whether those regulations (or other law) should be modified to achieve the intended goal of regulation more effectively. (3) Each agency shall identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public. (4) If an agency determines that a regulation is the best available method of achieving the regulatory objective, it shall design its regulations in the most cost-effective manner to achieve the regulatory objective. In doing so, each agency shall consider incentives for innovation, consistency, predictability, the costs of enforcement and compliance (to the government, regulated entities, and the public), flexibility, distributive impacts, and equity. (5) Each agency shall assess both the costs and the benefits of the intended regulation and, recognizing that some costs and benefits are difficult to quantify, propose or adopt a regulation, unless expressly prohibited by law, only upon a reasoned determination that the benefits of the intended regulation justify its costs. (6) Each agency shall base its decisions on the best reasonably obtainable scientific, technical, economic, and other information concerning the need for, and consequences of, the intended regulation. (7) Each agency shall identify and assess alternative forms of regulation and shall, to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt. (8) Each agency shall avoid regulations that are inconsistent, incompatible, or duplicative with its other regulations or those of other Federal agencies. (9) Each agency shall tailor its regulations to minimize the costs of the cumulative impact of regulations. (10) Each agency shall draft its regulations to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty. (b) Regulatory action defined In this section, the term regulatory action means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including advance notices of proposed rulemaking and notices of proposed rulemaking. . 9. Expanding the scope of statements to accompany significant regulatory actions (a) In general Subsection (a) of section 202 of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1532 ) is amended to read as follows: (a) In general Unless otherwise expressly prohibited by law, before promulgating any general notice of proposed rulemaking or any final rule, or within six months after promulgating any final rule that was not preceded by a general notice of proposed rulemaking, if the proposed rulemaking or final rule includes a Federal mandate that may result in an annual effect on State, local, or tribal governments, or to the private sector, in the aggregate of $100,000,000 or more in any 1 year, the agency shall prepare a written statement containing the following: (1) The text of the draft proposed rulemaking or final rule, together with a reasonably detailed description of the need for the proposed rulemaking or final rule and an explanation of how the proposed rulemaking or final rule will meet that need. (2) An assessment of the potential costs and benefits of the proposed rulemaking or final rule, including an explanation of the manner in which the proposed rulemaking or final rule is consistent with a statutory requirement and avoids undue interference with State, local, and tribal governments in the exercise of their governmental functions. (3) A qualitative and quantitative assessment, including the underlying analysis, of benefits anticipated from the proposed rulemaking or final rule (such as the promotion of the efficient functioning of the economy and private markets, the enhancement of health and safety, the protection of the natural environment, and the elimination or reduction of discrimination or bias). (4) A qualitative and quantitative assessment, including the underlying analysis, of costs anticipated from the proposed rulemaking or final rule (such as the direct costs both to the Government in administering the final rule and to businesses and others in complying with the final rule, and any adverse effects on the efficient functioning of the economy, private markets (including productivity, employment, and international competitiveness), health, safety, and the natural environment); (5) Estimates by the agency, if and to the extent that the agency determines that accurate estimates are reasonably feasible, of— (A) the future compliance costs of the Federal mandate; and (B) any disproportionate budgetary effects of the Federal mandate upon any particular regions of the Nation or particular State, local, or tribal governments, urban or rural or other types of communities, or particular segments of the private sector. (6) (A) A detailed description of the extent of the agency’s prior consultation with the private sector and elected representatives (under section 204) of the affected State, local, and tribal governments. (B) A detailed summary of the comments and concerns that were presented by the private sector and State, local, or tribal governments either orally or in writing to the agency. (C) A detailed summary of the agency’s evaluation of those comments and concerns. (7) A detailed summary of how the agency complied with each of the regulatory principles described in section 201. . (b) Requirement for detailed summary Subsection (b) of section 202 of such Act is amended by inserting detailed before summary . 10. Enhanced stakeholder consultation Section 204 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534) is amended— (1) in the section heading, by inserting and private sector before input ; (2) in subsection (a)— (A) by inserting , and impacted parties within the private sector (including small business), after on their behalf) ; (B) by striking Federal intergovernmental mandates and inserting Federal mandates ; and (3) by amending subsection (c) to read as follows: (c) Guidelines For appropriate implementation of subsections (a) and (b) consistent with applicable laws and regulations, the following guidelines shall be followed: (1) Consultations shall take place as early as possible, before issuance of a notice of proposed rulemaking, continue through the final rule stage, and be integrated explicitly into the rulemaking process. (2) Agencies shall consult with a wide variety of State, local, and tribal officials and impacted parties within the private sector (including small businesses). Geographic, political, and other factors that may differentiate varying points of view should be considered. (3) Agencies should estimate benefits and costs to assist with these consultations. The scope of the consultation should reflect the cost and significance of the Federal mandate being considered. (4) Agencies shall, to the extent practicable— (A) seek out the views of State, local, and tribal governments, and impacted parties within the private sector (including small business), on costs, benefits, and risks; and (B) solicit ideas about alternative methods of compliance and potential flexibilities, and input on whether the Federal regulation will harmonize with and not duplicate similar laws in other levels of government. (5) Consultations shall address the cumulative impact of regulations on the affected entities. (6) Agencies may accept electronic submissions of comments by relevant parties but may not use those comments as the sole method of satisfying the guidelines in this subsection. . 11. New authorities and responsibilities for Office of Information and Regulatory Affairs Section 208 of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1538 ) is amended to read as follows: 208. Office of Information and Regulatory Affairs responsibilities (a) In General The Administrator of the Office of Information and Regulatory Affairs shall provide meaningful guidance and oversight so that each agency’s regulations for which a written statement is required under section 202 are consistent with the principles and requirements of this title, as well as other applicable laws, and do not conflict with the policies or actions of another agency. If the Administrator determines that an agency’s regulations for which a written statement is required under section 202 do not comply with such principles and requirements, are not consistent with other applicable laws, or conflict with the policies or actions of another agency, the Administrator shall identify areas of non-compliance, notify the agency, and request that the agency comply before the agency finalizes the regulation concerned. (b) Annual Statements to Congress on Agency Compliance The Director of the Office of Information and Regulatory Affairs annually shall submit to Congress, including the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, a written report detailing compliance by each agency with the requirements of this title that relate to regulations for which a written statement is required by section 202, including activities undertaken at the request of the Director to improve compliance, during the preceding reporting period. The report shall also contain an appendix detailing compliance by each agency with section 204. . 12. Retrospective analysis of existing Federal regulations The Unfunded Mandates Reform Act of 1995 (Public Law 104–4; 2 U.S.C. 1511 et seq.) is amended— (1) by redesignating section 209 as section 210; and (2) by inserting after section 208 the following new section 209: 209. Retrospective analysis of existing Federal regulations (a) Requirement At the request of the chairman or ranking minority member of a standing or select committee of the House of Representatives or the Senate, an agency shall conduct a retrospective analysis of an existing Federal regulation promulgated by an agency. (b) Report Each agency conducting a retrospective analysis of existing Federal regulations pursuant to subsection (a) shall submit to the chairman of the relevant committee, Congress, and the Comptroller General a report containing, with respect to each Federal regulation covered by the analysis— (1) a copy of the Federal regulation; (2) the continued need for the Federal regulation; (3) the nature of comments or complaints received concerning the Federal regulation from the public since the Federal regulation was promulgated; (4) the extent to which the Federal regulation overlaps, duplicates, or conflicts with other Federal regulations, and, to the extent feasible, with State and local governmental rules; (5) the degree to which technology, economic conditions, or other factors have changed in the area affected by the Federal regulation; (6) a complete analysis of the retrospective direct costs and benefits of the Federal regulation that considers studies done outside the Federal Government (if any) estimating such costs or benefits; and (7) any litigation history challenging the Federal regulation. . 13. Expansion of judicial review Section 401(a) of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1571(a) ) is amended— (1) in paragraphs (1) and (2)(A)— (A) by striking sections 202 and 203(a)(1) and (2) each place it appears and inserting sections 201, 202, 203(a)(1) and (2), and 205(a) and (b) ; and (B) by striking only each place it appears; (2) in paragraph (2)(B), by striking section 202 and all that follows through the period at the end and inserting the following: section 202, prepare the written plan under section 203(a)(1) and (2), or comply with section 205(a) and (b), a court may compel the agency to prepare such written statement, prepare such written plan, or comply with such section. ; and (3) in paragraph (3), by striking written statement or plan is required and all that follows through shall not and inserting the following: written statement under section 202, a written plan under section 203(a)(1) and (2), or compliance with sections 201 and 205(a) and (b) is required, the inadequacy or failure to prepare such statement (including the inadequacy or failure to prepare any estimate, analysis, statement, or description), to prepare such written plan, or to comply with such section may .

https://www.govinfo.gov/content/pkg/BILLS-113hr899ih/xml/BILLS-113hr899ih.xml

113-hr-900

I 113th CONGRESS 1st Session H. R. 900 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Conyers (for himself, Ms. Jackson Lee , Ms. Wilson of Florida , and Mr. Grayson ) introduced the following bill; which was referred to the Committee on the Budget A BILL To eliminate the sequestration under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, and for other purposes. 1. Short title This Act may be cited as the Cancel the Sequester Act of 2013 . 2. Repeal of 251A sequestration Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr900ih/xml/BILLS-113hr900ih.xml

113-hr-901

I 113th CONGRESS 1st Session H. R. 901 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Ms. Jenkins introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for the logical flow of return information between partnerships, corporations, trusts, estates, and individuals to better enable each party to submit timely, accurate returns and reduce the need for extended and amended returns, to provide for modified due dates by regulation, and to conform the automatic corporate extension period to longstanding regulatory rule. 1. Short title; reference (a) Short title This Act may be cited as the Tax Return Due Date Simplification and Modernization Act of 2013 . (b) Reference Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. 2. New due date for partnership form 1065, S corporation form 1120s, and C corporation form 1120 (a) Partnerships (1) In general Section 6072 is amended by adding at the end the following new subsection: (f) Returns of partnerships Returns of partnerships under section 6031 made on the basis of the calendar year shall be filed on or before the 15th day of March following the close of the calendar year, and such returns made on the basis of a fiscal year shall be filed on or before the 15th day of the third month following the close of the fiscal year. . (2) Conforming amendment Section 6072(a) is amended by striking 6017, or 6031 and inserting or 6017 . (b) S corporations (1) In general So much of subsection (b) of section 6072 as precedes the second sentence thereof is amended to read as follows: (b) Returns of certain corporations Returns of S corporations under sections 6012 and 6037 made on the basis of the calendar year shall be filed on or before the 31st day of March following the close of the calendar year, and such returns made on the basis of a fiscal year shall be filed on or before the last day of the third month following the close of the fiscal year. . (2) Conforming amendments (A) Section 1362(b) is amended— (i) by striking 15th each place it appears and inserting last , (ii) by striking 2 ½ each place it appears and inserting 3 , and (iii) by striking 2 months and 15 days in paragraph (4) and inserting 3 months . (B) Section 1362(d)(1)(C)(i) is amended by striking 15th and inserting last . (C) Section 1362(d)(1)(C)(ii) is amended by striking such 15th day and inserting the last day of the 3d month thereof . (c) Conforming amendments relating to c corporations (1) Section 170(a)(2)(B) is amended by striking third month and inserting 4th month . (2) Section 563 is amended by striking third month each place it appears and inserting 4th month . (3) Section 1354(d)(1)(B)(i) is amended by striking 3d month and inserting 4th month . (4) Subsection (a) and (c) of section 6167 are each amended by striking third month and inserting 4th month . (5) Section 6425(a)(1) is amended by striking third month and inserting 4th month . (6) Subsections (b)(2)(A), (g)(3), and (h)(1) of section 6655 are each amended by striking 3rd month and inserting 4th month . (d) Effective date The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2013. 3. Modification of due dates by regulation In the case of returns for taxable years beginning after December 31, 2013, the Secretary of the Treasury or the Secretary’s delegate shall modify appropriate regulations to provide as follows: (1) The maximum extension for the returns of partnerships filing Form 1065 shall be a 6-month period ending after the date prescribed for filing the return. (2) The maximum extension for the returns of trusts and estates filing Form 1041 shall be a 5 ½ -month period ending after the date prescribed for filing the return. (3) The maximum extension for the returns of employee benefit plans filing Form 5500 shall be an automatic 3 ½ -month period ending after the date prescribed for filing the return. (4) The maximum extension for the Forms 990 (series) returns of organizations exempt from income tax filing shall be an automatic 6-month period ending after the date prescribed for filing the return. (5) The maximum extension for the returns of organizations exempt from income tax filing that are required to file Form 4720 returns of excise taxes shall be an automatic 6-month period ending after the date prescribed for filing the return. (6) The maximum extension for the returns of trusts required to file Form 5227 shall be an automatic 6-month period ending after the date prescribed for filing the return. (7) The maximum extension for the returns of Black Lung Benefit Trusts required to file Form 6069 for excise taxes shall be an automatic 6- month period ending after the date prescribed for filing the return. (8) The maximum extension for a taxpayer required to file Form 8870 shall be an automatic 6-month period ending after the date prescribed for filing the return. (9) The due date of Form 3520–A, Annual Information Return of a Foreign Trust with a U.S. Owner, shall be the 15th day of the fourth month after the close of the trust’s tax year with a maximum extension of a 6-month period ending after the date prescribed for filing the return. (10) The due date of Form TD F 90–22.1 (relating to Report of Foreign Bank and Financial Accounts) shall be April 15 with a maximum extension for a 6-month period ending on October 15 and with provision for an extension under rules similar to the rules in Treas. Reg. section 1.6081–5. For any taxpayer required to file such Form for the first time, any penalty for failure to timely request for, or file, an extension, may be waived by the Secretary. (11) Taxpayers filing Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts, shall be allowed to extend Form 3520 separately from the income tax return of the owner for an automatic 6-month period ending after the date prescribed for filing the owner’s return. 4. Corporations permitted statutory automatic 6-month extension of income tax returns (a) In general Section 6081(b) is amended by striking 3 months and inserting 6 months . (b) Effective date The amendment made by this section shall apply to returns for taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr901ih/xml/BILLS-113hr901ih.xml

113-hr-902

I 113th CONGRESS 1st Session H. R. 902 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Boustany (for himself, Mr. Pierluisi , Ms. Hanabusa , Mr. Smith of New Jersey , and Ms. DeLauro ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To authorize certain Department of Veterans Affairs major medical facility leases, and for other purposes. 1. Short title This Act may be cited as the Keep Our Commitment to Veterans Act . 2. Authorization of fiscal years 2013 and 2014 major medical facility leases The Secretary of Veterans Affairs may carry out the following major medical facility leases in fiscal years 2013 and 2014 at the locations specified: (1) A clinical research and pharmacy coordinating center, Albuquerque, New Mexico. (2) A community based outpatient clinic, Brick, New Jersey. (3) A new primary care and dental clinic annex, Charleston, South Carolina. (4) The Cobb County Community Based Outpatient Clinic, Cobb County, Georgia. (5) The Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs. (6) A community based outpatient clinic, Lafayette, Louisiana. (7) A community based outpatient clinic, Lake Charles, Louisiana. (8) Outpatient clinic consolidation, New Port Richey, Florida. (9) An outpatient clinic, Ponce, Puerto Rico. (10) Lease consolidation, San Antonio, Texas. (11) The Errera Community Care Center, West Haven, Connecticut. (12) The Worchester Community Based Outpatient Clinic, Worchester, Massachusetts. 3. Authorization in reduced amounts for major facility leases previously authorized in prior fiscal years The Secretary of Veterans Affairs may carry out the following major medical facility leases in fiscal year 2013 at the locations specified, in an amount for each lease not to exceed the amount shown for such location: (1) For a community based outpatient clinic, Johnson County, Kansas, authorized by section 1(a)(9) of the Act entitled An Act to authorize major medical facility leases for the Department of Veterans Affairs for fiscal year 2010, and for other purposes. ( Public Law 111–82 ; 123 Stat. 2140), an amount not to exceed $2,431,900. (2) For the expansion of a community based outpatient clinic, San Diego, California, authorized by section 901(3) of the Veterans’ Benefits Act of 2010 ( Public Law 111–275 ; 124 Stat. 2894), an amount not to exceed $11,893,505. (3) For the expansion of the community based outpatient clinic, Tyler, Texas, authorized by section 7(a)(3) of the Veterans Programs Extension Act of 2006 ( Public Law 109–444 ; 120 Stat. 3312), an amount not to exceed $3,610,775.

https://www.govinfo.gov/content/pkg/BILLS-113hr902ih/xml/BILLS-113hr902ih.xml

113-hr-903

I 113th CONGRESS 1st Session H. R. 903 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Boustany (for himself, Mr. Tiberi , Mr. Barrow of Georgia , and Mrs. Black ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to repeal the employer health insurance mandate. 1. Short title This Act may be cited as the American Job Protection Act . 2. Repeal of employer health insurance mandate (a) In general Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H. (b) Repeal of related reporting requirements Subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking section 6056. (c) Conforming amendments (1) Subparagraph (B) of section 6724(d)(1) of such Code is amended by inserting or at the end of clause (xxiii), by striking and at the end of clause (xxiv) and inserting or , and by striking clause (xxv). (2) Paragraph (2) of section 6724(d) of such Code is amended by inserting or at the end of subparagraph (FF), by striking , or at the end of subparagraph (GG) and inserting a period, and by striking subparagraph (HH). (3) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4980H. (4) The table of sections for subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6056. (5) Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c). (d) Effective dates (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to months and other periods beginning after December 31, 2013. (2) Repeal of study and report The amendment made by subsection (c)(5) shall take effect on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr903ih/xml/BILLS-113hr903ih.xml

113-hr-904

I 113th CONGRESS 1st Session H. R. 904 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Braley of Iowa (for himself and Ms. Ros-Lehtinen ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a common fund to pay claims to the Americans held hostage in Iran, and to members of their families, who are identified as class members in case number 1:08–CV–00487 (EGS) of the United States District Court for the District of Columbia, and for other purposes. 1. Short title This Act may be cited as the Justice for the American Diplomats Held Hostage in Tehran Act . 2. Findings Congress finds the following: (1) In 1979, agents of the Islamic Republic of Iran stormed the United States Embassy in Tehran, taking American military and diplomatic personnel hostage. (2) The Iranian Government then held United States Embassy personnel as hostages for 444 days, subjecting them to profound physical and mental abuse, and forcing the United States to negotiate their release, under duress. (3) In the resultant agreement (commonly known as the Algiers Accords) the United States agreed, among other steps, to bar and preclude the hostages from prosecuting any claim against Iran in United States courts. (4) The Algiers Accords were never submitted to Congress for ratification and none of the hostages or their family members was consulted by the United States Government or consented to these provisions precluding prosecution of their claims. (5) Notwithstanding the applicability of legal principles which allowed the United States to renounce this obligation to bar and preclude the prosecution of claims in United States courts because they were so clearly negotiated under duress, the United States Government has repeatedly intervened in United States courts to preclude the prosecution of any claim by the hostages against Iran, arguing that, in its opinion, compliance with this agreement served overriding national security interests which justified the taking of the hostages’ right to pursue compensation from Iran in United States courts. (6) The United States Government has failed to propose any process by which the hostages and their family members could be compensated for the injuries and damages suffered by them by reason of the horrific and heinous treatment while in captivity. (7) Congress has determined that the provision of compensation to the hostages and their families through, among other sources, funds obtained by vesting and liquidating property in which Iran and its surrogates claim an interest (including any funds held by the United States, including in trust) is fully consistent with the Algiers Accords. (8) Congress has determined that, only upon the payment of such compensation, should the agreement by the United States Government to bar and preclude prosecution of such claims in United States courts be confirmed and ratified by legislation, notwithstanding the duress under which the United States originally negotiated that agreement. 3. Justice for former American hostages in Iran (a) Common fund for hostages Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall establish a common fund to be administered by the class representatives and agents for the former American hostages in Iran and their survivors (as identified in case number 1:08–CV–00487 (EGS) of the United District Court for the District of Columbia). Such common fund shall— (1) be administered to pay claims to the Americans held hostage in Iran, and to members of their families, who are identified as class members in case number 1:08–CV–00487 (EGS) of the United States District Court for the District of Columbia; and (2) be administered for purposes of satisfying such claims, as approved by the class representatives and agents identified in that case number. (b) Funding (1) Sources (A) Fines and penalties (i) In general The President shall pay to the fund under subsection (a) an amount equal to 50 percent of all amounts collected as fines and penalties by reason of the application of clause (ii) on or after the date of enactment of this Act. The total amount of payments that may be made into the fund under this clause may not exceed the estimated total amount of payments to be made under subsection (d). (ii) Fines and penalties The maximum fines and penalties authorized to be imposed, in whole or in part, for violations of any conduct or activities with respect to any government or person by reason of their connection with or sponsorship by Iran are hereby increased by 100 percent. (B) Seized or frozen assets The President is authorized to pay to the fund under subsection (a)— (i) any funds or property in which Iran has an interest, and (ii) any funds or property in which any person or entity subject to any law providing for sanctions against Iran by reason of such person’s or entity’s relationship to or connection with Iran has an interest, held by the United States (including in the form of a trust) or subject to any prohibition or regulation with respect to any financial transactions in connection therewith. The President is authorized to vest and liquidate any property identified in this subparagraph in order to make payment as provided in this subparagraph. (2) Timing of funding Payments of claims from the fund under subsection (a)— (A) using funds held by the United States or funds that become subject to prohibition or regulation as of the date of enactment of this Act shall be made not later than 60 days of the date of enactment of this Act; and (B) using funds which come into the possession of the United States or funds that become subject to prohibition or regulation after the date of enactment of this Act shall be paid not later than 60 days after coming into the possession of the United States or funds that become subject to prohibition or regulation, as the case may be. (3) Satisfaction of claims Payments to the fund under subsection (a) shall be made until the amounts described in subsection (d) are satisfied in full. If the President determines that the amounts can be fully satisfied within 1 year after the date of enactment of this Act from funds other than those held by the United States as trustee, the President may defer payment of funds held by the United States as trustee until one year after such date of enactment, but shall ensure during such 1-year period of deferral that any such funds held by the United States as trustee shall not be disbursed, transferred or otherwise constrained for payment as otherwise may be required under this Act. (c) Distribution of funds (1) In general Funds paid to the fund under subsection (b) shall be distributed by the class representatives and agents to the former American hostages in Iran and their survivors (as identified in case number 1:08–CV–00487 (EGS) of the United States District Court for the District of Columbia) in the amounts described in subsection (d). (2) Priority Subject to subsection (d), payments from funds paid to the fund under subsection (b) shall be distributed as follows: (A) First, to each living former hostage identified as a class member under subsection (a)(1). (B) Second, to the estate of each deceased former hostage identified as a class member under subsection (a)(1). (C) Third, to each spouse or child of a former hostage identified as a class member under subsection (a)(1) if the spouse or child is identified as a class member under subsection (a)(1). (d) Amount of payments The amount of payments from funds paid to the fund under subsection (b) shall be distributed as follows: (1) For each former hostage described in subsection (c)(2)(A), $10,000 for each day of captivity of the former hostage. (2) For the estate of each deceased former hostage described in subsection (c)(2)(B), $10,000 for each day of captivity of the former hostage. (3) For each spouse or child of a former hostage described in subsection (c)(2)(C), $5,000 for each day of captivity of the former hostage. (e) Subrogation The United States shall be fully subrogated, with respect to payments under this Act, to all rights of each individual paid under subsection (d) against the Government of Iran or the Iranian Revolutionary Guard Corps or its affiliates or agents. The President shall pursue these subrogated rights as claims or offsets of the United States in appropriate ways until such subrogated claims have been resolved to the satisfaction of the United States. (f) Preclusion of Suit and Waiver of Claims Upon payment of all amounts described in subsection (d), each person receiving such payment shall be precluded from bringing suit against Iran of any claim arising out of events occurring between November 3, 1979, and January 20, 1981, and all such claims as against Iran shall be deemed waived and forever released. (g) Reimbursement of seized or frozen assets Upon payment of all amounts described in subsection (d), the President is authorized to make payments from amounts paid to the fund under subsection (b)(1)(A) to any person or entity described in subsection (b)(1)(B) for purposes of reimbursing such person or entity for funds or property of such person or entity held by the United States as identified in subsection (b)(1)(B). (h) Deposit of funds in the Treasury Any amounts in the fund under subsection (a) which remain after the date on which payments of all amounts described in subsection (d) are made, or the date that is 2 years after the date of the enactment of this Act, whichever occurs later, shall be deposited in the Treasury of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr904ih/xml/BILLS-113hr904ih.xml

113-hr-905

I 113th CONGRESS 1st Session H. R. 905 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Carney introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make the research credit permanent and to increase the alternative simplified research credit. 1. Short title This Act may be cited as the Research and Development Tax Credit Extension Act of 2013 . 2. Research credit made permanent; increase in alternative simplified research credit (a) Research credit made permanent (1) In general Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (2) Conforming amendments (A) Subsection (c) of section 41 of such Code is amended by striking paragraph (4). (B) Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (3) Effective date The amendments made by this subsection shall apply to amounts paid or incurred after December 31, 2013. (b) Increase in alternative simplified research credit (1) In general Subparagraph (A) of section 41(c)(5) of such Code (relating to election of alternative simplified credit) is amended by striking 14 percent (12 percent in the case of taxable years ending before January 1, 2009) and inserting 17 percent . (2) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr905ih/xml/BILLS-113hr905ih.xml

113-hr-906

I 113th CONGRESS 1st Session H. R. 906 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Carter (for himself, Mrs. Carolyn B. Maloney of New York , Mr. Poe of Texas , Mr. Blumenauer , and Mr. Smith of New Jersey ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to provide for improvements under the Edward Byrne Memorial Justice Assistance Grant Program to reduce racial and ethnic disparities in the criminal justice system and to amend the Omnibus Crime Control and Safe Streets Act of 1968 to include human trafficking as a part 1 violent crime for purposes of the Edward Byrne Memorial Justice Assistance Grant Program. 1. Short title This Act may be cited as the Human Trafficking Reporting Act . 2. Findings Congress finds the following: (1) Human trafficking is a form of modern-day slavery. (2) According to the Trafficking Victims Protection Act of 2000 severe forms of trafficking in persons means— (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (3) There is an acute need for better data collection of incidents of human trafficking across the United States in order to effectively combat severe forms of trafficking in persons. (4) The State Department’s 2011 Trafficking in Persons report found that— (A) the United States is a source, transit and destination country for men, women, and children, subjected to forced labor, debt bondage, domestic servitude and sex trafficking, ; and (B) the United States needs to improve data collection on human trafficking cases at the federal, state and local levels . (5) The International Organization for Migration has reported that in order to effectively combat human trafficking there must be reliable and standardized data, however, the following barriers for data collection exist: (A) The illicit and underground nature of human trafficking. (B) The reluctance of victims to share information with authorities. (C) Insufficient human trafficking data collection and research efforts by governments world-wide. (6) A 2009 report to the Department of Health and Human Services entitled Human Trafficking Into and Within the United States: A Review of the Literature found that the data and methodologies for estimating the prevalence of human trafficking globally and nationally are not well developed, and therefore estimates have varied widely and changed significantly over time . (7) The Federal Bureau of Investigation compiles national crime statistics through the Uniform Crime Reporting Program. (8) Under current law, State and local governments receiving Edward Byrne Memorial Justice Assistance grants are required to share data on part 1 violent crimes with the Federal Bureau of Investigation for inclusion in the Uniform Crime Reporting Program. (9) The addition of severe forms of trafficking in persons to the definition of part 1 violent crimes will ensure that statistics on this heinous crime will be compiled and available through the Federal Bureau of Investigation’s Uniform Crime Report. 3. Human trafficking to be included in part 1 violent crimes for purposes of Byrne grants Section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) is amended by adding at the end the following new subsection: (i) Part 1 violent crimes To include human trafficking For purposes of this section, the term part 1 violent crimes shall include severe forms of trafficking in persons, as defined in section 103(8) of the Trafficking Victims Protection Act of 2000. .

https://www.govinfo.gov/content/pkg/BILLS-113hr906ih/xml/BILLS-113hr906ih.xml

113-hr-907

I 113th CONGRESS 1st Session H. R. 907 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Connolly (for himself and Mr. Moran ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize project development for projects to extend Metrorail service in Northern Virginia, and for other purposes. 1. Short title This Act may be cited as the Northern Virginia Metrorail Extension Act . 2. Findings Congress finds the following: (1) The Washington Metropolitan Area Transit Authority (Metro) maintains the second largest rail network in the Nation. (2) Local and State governments in the National Capital Region have led efforts to extend Metrorail service, and any future Metrorail extension will be provided only with their collaboration, consistent with local planning objectives. (3) In the most recent draft strategic plan, Momentum: The Next Generation of Metro, Metro identifies future expansion opportunities, including the Orange Line in Virginia from Vienna to Centreville and the Blue Line in Virginia from Franconia-Springfield to Prince William. (4) More than 120,000 Federal employees ride Metro to work, accounting for more than 40 percent of the morning rush-hour ridership. (5) More than half of Metro’s current stations are located on Federal property. (6) The Federal government has partnered with the State and local governments to provide $300 million, consisting of $150 million in Federal funds to match $50 million each from Virginia, Maryland, and the District of Columbia ( Public Law 110–432 ), over a 10-year period for safety and other capital improvements throughout the Metro system. (7) Metro takes 580,000 cars off the road each day, eliminates the need for 1,400 lane miles of highway, reduces gas consumption by 75 million gallons annually, and eliminates more than 10,000 tons of greenhouse gas emissions annually. (8) Metrorail stations encourage transit-oriented development, which is critical to protecting open space throughout the region. (9) Metro stimulates economic and job growth, and real estate near Metrorail stations is worth in excess of $25 billion. (10) The Virginia Department of Transportation and the Department of Rail and Public Transit completed a Major Investment Study that concluded that a multimodal transportation strategy is required to accommodate projected travel demand in Virginia along Interstate Route 66 from Interstate Route 495 to the Centreville and Haymarket communities, areas which would be served by the proposed Orange Line extension. (11) The population of the area to be served by the proposed Orange Line extension is expected to be 681,000 individuals by 2025, while employment in the area is projected to increase to 362,000 individuals. (12) The population of the area to be served by the proposed Blue and Yellow Line extensions grew by 120,000 people between 2000 and 2010, and continued growth of another 100,000 people is expected by 2020. (13) The Comprehensive Plans for both Fairfax and Prince William counties identify the need to develop alternative transit concepts, including an extension of the existing Metrorail lines. (14) As a result of military base realignments and closures, thousands of national defense-related Federal and civilian jobs will shift from the area of Crystal City, Virginia, which is served by Metrorail, to Fort Belvoir, Virginia, and the Engineer Proving Ground in southern Fairfax, neither of which is currently served by Metro. (15) Department of Defense analysis shows many of those employees are coming from points south and west. (16) Additional jobs growth along the Richmond Highway (Route 1) corridor and Interstate Route 95 in both Fairfax and Prince William counties, including communities like Mount Vernon, Woodbridge, and Potomac Mills, adds further urgency to the need to expand Metro service in Northern Virginia. (17) To ensure the regional transportation network can accommodate projected growth, it is critical that extensions of transit service are coordinated with local land use planning, including the use of smart growth principles and transit-oriented development. 3. New fixed guideway capital projects, Northern Virginia The following projects are deemed to have entered the project development phase under section 5309(d)(1) of title 49, United States Code: (1) Northern Virginia—Extension of Metrorail Blue Line to include the Engineer Proving Ground and the Interstate Route 95 corridor in Fairfax and Prince William counties. (2) Northern Virginia—Extension of Metrorail Orange Line to Centreville. (3) Northern Virginia—Extension of Metrorail Yellow Line to the Richmond Highway (Route 1) corridor in Fairfax and Prince William counties.

https://www.govinfo.gov/content/pkg/BILLS-113hr907ih/xml/BILLS-113hr907ih.xml

113-hr-908

I 113th CONGRESS 1st Session H. R. 908 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Ms. DelBene (for herself and Mr. Larsen of Washington ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To preserve the Green Mountain Lookout in the Glacier Peak Wilderness of the Mount Baker-Snoqualmie National Forest. 1. Short title This Act may be cited as the Green Mountain Lookout Heritage Protection Act . 2. Clarification of legal authority of Green Mountain Lookout (a) Legal authority of Lookout Section 4(b) of the Washington State Wilderness Act of 1984 ( Public Law 98–339 ; 98 Stat. 300; 16 U.S.C. 1131 note) is amended by striking the period at the end and inserting the following: , and except that with respect to the lands described in section 3(5), the designation of such lands as a wilderness area shall not preclude the operation and maintenance of Green Mountain Lookout. (b) Effective date The amendments made by this section shall take effect as if included in the enactment of the Washington State Wilderness Act of 1984. 3. Preservation of Green Mountain Lookout location The Secretary of Agriculture, acting through the Chief of the Forest Service, may not move Green Mountain Lookout from its current location on Green Mountain in the Mount Baker-Snoqualmie National Forest unless the Secretary determines that moving Green Mountain Lookout is necessary to preserve the Lookout or to ensure the safety of individuals on or around Green Mountain. If the Secretary makes such a determination, the Secretary shall move the Green Mountain Lookout to a location outside of the lands described in section 3(5) of the Washington State Wilderness Act of 1984 and designated as a wilderness area in section 4(b) of such Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr908ih/xml/BILLS-113hr908ih.xml

113-hr-909

I 113th CONGRESS 1st Session H. R. 909 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Fincher introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title IV of the Social Security Act to require States to implement a drug testing program for applicants for and recipients of assistance under the Temporary Assistance for Needy Families (TANF) program. 1. Short title This Act may be cited as the Welfare Integrity Act of 2013 . 2. Drug testing program for applicants for and recipients of assistance under State TANF programs (a) State plan requirement of drug testing program Section 402(a) of the Social Security Act ( 42 U.S.C. 602(a) ) is amended by adding at the end the following: (8) Certification that the State will operate an illegal drug use testing program (A) In general A certification by the chief executive officer of the State that the State will— (i) operate a program to conduct, in a calendar year, random testing for the use of illegal drugs (as defined in section 408(a)(13)(G)(i)) of a number of applicants for assistance under the program referred to in paragraph (1) that is not less than 20 percent of the number of applicants who applied for the assistance in the preceding calendar year (after having signed a waiver of constitutional rights with respect to the testing); and (ii) deny the assistance to applicants who test positive for illegal drug use or who are convicted of drug-related crimes, as required by such section. (B) Requirement for continued testing The program described in subparagraph (A)(i) shall include a plan to continue testing individuals receiving assistance under the program referred to in paragraph (1) for illegal drug use at random or set intervals after the initial testing of the individuals, at the discretion of the State agency administering the program so referred to. . (b) Requirement that applicants and individuals receiving assistance be tested for illegal drug use Section 408(a) of such Act ( 42 U.S.C. 608(a) ) is amended by adding at the end the following: (13) Requirement for drug testing; denial of assistance for individuals found to have used illegal drugs and individuals convicted of drug-related offenses (A) In general A State to which a grant is made under section 403 shall operate a drug testing program that complies with the requirements of subparagraphs (A)(i) and (B) of section 402(a)(8). (B) Waiver of constitutional rights The State may not use any part of the grant to provide assistance to any individual who has not signed a waiver of constitutional rights with respect to testing conducted pursuant to subparagraph (A). In the case of an individual who is receiving assistance under the State program funded under this part on the effective date of this paragraph, or whose application for the assistance is approved before such date if the assistance has not begun as of such date, a State may not provide the assistance to the individual unless the individual has signed such a waiver not later than 90 days after such date. (C) Denial of assistance for individuals who test positive for illegal drug use and individuals convicted of drug-related crimes In the case of— (i) an individual who tests positive for illegal drug use under the program described in subparagraph (A); or (ii) an individual who is convicted of a drug-related crime after the effective date of this paragraph; the State shall not provide assistance to the individual under the State program funded under this part until the expiration of the waiting period described in subparagraph (D). (D) Waiting period after denial of benefits The waiting period described in this subparagraph shall extend 1 year after the date on which the individual is denied assistance under subparagraph (C). (E) Permanent denial of assistance after third drug-related denial In the case of an individual who is denied assistance under subparagraph (C) 3 times, as a result of 3 separate positive tests for illegal drug use, 3 separate convictions for drug-related crimes (not including convictions that are imposed concurrently in time), or any combination of 3 such separate tests or convictions, a State may not provide assistance to the individual under the State program funded under this part after the 3rd such test or conviction. (F) Limitation on waiver authority The Secretary may not waive the provisions of this paragraph under section 1115. (G) Definitions In this paragraph: (i) Illegal drug The term illegal drug means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). (ii) Drug-related crime The term drug-related crime means any crime involving the possession, use, or sale of an illegal drug. . (c) Penalty for failure To implement illegal drug use testing program Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end the following: (17) Penalty for failure to implement illegal drug use testing program If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 10 percent of the State family assistance grant. . (d) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins on or after the date that is 1 year after the date of the enactment of this Act. (2) Delay permitted if State legislation required In the case of a State plan under section 402(a) of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

https://www.govinfo.gov/content/pkg/BILLS-113hr909ih/xml/BILLS-113hr909ih.xml

113-hr-910

I 113th CONGRESS 1st Session H. R. 910 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Fleming introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reauthorize the Sikes Act. 1. Short title This Act may be cited as the Sikes Act Reauthorization Act of 2013 . 2. Reauthorization of Sikes Act Section 108 of the Sikes Act ( 16 U.S.C. 670f ) is amended by striking fiscal years 2009 through 2014 each place it appears and inserting fiscal years 2015 through 2019 .

https://www.govinfo.gov/content/pkg/BILLS-113hr910ih/xml/BILLS-113hr910ih.xml

113-hr-911

I 113th CONGRESS 1st Session H. R. 911 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Gosar introduced the following bill; which was referred to the Committee on the Judiciary A BILL To restore the application of the Federal antitrust laws to the business of health insurance to protect competition and consumers. 1. Short title This Act may be cited as the Competitive Health Insurance Reform Act of 2013 . 2. Findings The Congress finds the following: (1) Open, free, and fair competition has made the United States the strongest economy in the world. (2) As a general proposition, Government should ensure that no industry obtains an unfair competitive advantage and that the playing field is equal. The Congress should not play favorites with certain industries or special interest groups by exempting one group from the general application of the law. (3) There is no factual basis supporting any further exemption of the health insurance industry from Federal antitrust and unfair competition laws. (4) Enforcement of these laws is most appropriately done through the U.S. Department of Justice, and in the case of aggrieved individuals through private actions as set forth in the existing statutes. 3. Purpose It is the purpose of this Act to ensure that health insurance issuers are subject to the same antitrust and unfair trade practices laws that all businesses have had to comply with and to more effectively ensure that these issuers would be subject to Federal laws against price fixing, bid rigging, or market allocations to the detriment of competition and consumers. This Act remedies a special exemption provided by Congress in 1945 to respond to the United States Supreme Court decision entitled United States v. South-Eastern Underwriters Association, wherein the Court correctly held that the Federal Government could regulate insurance companies under the authority of the commerce clause in the Constitution. This Act would also retain enforcement of these laws with State and Federal law enforcement agencies and allow private causes of action by aggrieved consumers harmed by unfair trade practices. 4. Restoring the application of antitrust laws to health sector insurers (a) Amendment to McCarran-Ferguson Act Section 3 of the Act of March 9, 1945 (15 U.S.C. 1013), commonly known as the McCarran-Ferguson Act, is amended by adding at the end the following: (c) (1) Nothing contained in this Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance (including the business of dental insurance). For purposes of the preceding sentence, the term antitrust laws has the meaning given it in subsection (a) of the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition. (2) For purposes of paragraph (1), the term business of health insurance (including the business of dental insurance) does not include— (A) the business of life insurance (including annuities); or (B) the business of property or casualty insurance, including but not limited to, any insurance or benefits defined as ‘excepted benefits’ under paragraph (1), subparagraphs (B) or (C) of paragraph (2), or paragraph (3) of section 9832(c) of the Internal Revenue Code of 1986 ( 26 U.S.C. 9832(c) ) whether offered separately or in combination with insurance or benefits described in paragraph (2)(A) of such section. . (b) Related Provision For purposes of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section applies to unfair methods of competition, section 3(c) of the McCarran-Ferguson Act shall apply with respect to the business of health insurance without regard to whether such business is carried on for profit, notwithstanding the definition of Corporation contained in section 4 of the Federal Trade Commission Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr911ih/xml/BILLS-113hr911ih.xml

113-hr-912

I 113th CONGRESS 1st Session H. R. 912 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Ms. Hanabusa (for herself, Ms. Bordallo , Mr. Faleomavaega , Mr. Sablan , and Ms. Gabbard ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to restore Medicaid coverage for citizens of the Freely Associated States lawfully residing in the United States under the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. 1. Short title This Act may be cited as the Restoring Medicaid for Compact of Free Association Migrants Act of 2013 . 2. Medicaid coverage for citizens of Freely Associated States (a) In general Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end the following new subparagraph: (G) Medicaid exception for citizens of Freely Associated States With respect to eligibility for benefits for the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program), section 401(a) and paragraph (1) shall not apply to any individual who lawfully resides in 1 of the 50 States or the District of Columbia in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau and shall not apply, at the option of the Governor of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa as communicated to the Secretary of Health and Human Services in writing, to any individual who lawfully resides in the respective territory in accordance with such Compacts. . (b) Exception to 5-Year limited eligibility Section 403(d) of such Act (8 U.S.C. 1613(d)) is amended— (1) in paragraph (1), by striking or at the end; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) an individual described in section 402(b)(2)(G), but only with respect to the designated Federal program defined in section 402(b)(3)(C). . (c) Definition of qualified alien Section 431(b) of such Act ( 8 U.S.C. 1641(b) ) is amended— (1) in paragraph (6), by striking ; or at the end and inserting a comma; (2) in paragraph (7), by striking the period at the end and inserting , or ; and (3) by adding at the end the following new paragraph: (8) an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in section 402(b)(2)(G), but only with respect to the designated Federal program defined in section 402(b)(3)(C) (relating to the Medicaid program). . (d) Conforming amendments Section 1108 of the Social Security Act (42 U.S.C. 1308) is amended— (1) in subsection (f), in the matter preceding paragraph (1), by striking subsection (g) and inserting subsections (g) and (h) ; and (2) by adding at the end the following: (h) The limitations of subsection (g) shall not apply with respect to medical assistance provided to an individual described in section 431(b)(8) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. . (e) Effective date The amendments made by this section shall apply to benefits for items and services furnished on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr912ih/xml/BILLS-113hr912ih.xml

113-hr-913

I 113th CONGRESS 1st Session H. R. 913 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Hastings of Florida (for himself and Mr. Diaz-Balart ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Water Resources Development Act of 2000 to provide for expedited project implementation relating to the comprehensive Everglades restoration plan. 1. Short title This Act may be cited as the Everglades for the Next Generation Act . 2. Comprehensive Everglades restoration plan Section 601(d) of the Water Resources Development Act of 2000 ( Public Law 106–541 ; 114 Stat. 2684) is amended— (1) in paragraph (1), by inserting and subject to paragraph (3) after subsection (b) or (c) ; and (2) by adding at the end the following: (3) Expedited project implementation After completing a project implementation report prepared in accordance with subsections (f) and (h), the Secretary may carry out, without any further congressional authorization, projects for— (A) the Caloosahatchee River (C–43) West Basin Storage Reservoir; (B) the Biscayne Bay coastal wetland; (C) Broward County water preserve areas; (D) the C–111 Spreader Canal; (E) any other project identified in the Plan for which a project implementation report is completed that is in accordance with an integrated delivery schedule approved by the Chief of Engineers and the South Florida Water Management District, in consultation with the South Florida Ecosystem Restoration Task Force, subject to the condition that the report is completed not later than 5 years after the date of enactment of this paragraph; and (F) any group of projects under the Plan that the Secretary determines will provide regional or watershed ecosystem or water supply benefits if the group of projects is constructed in accordance with a project implementation report approved by the Chief of Engineers and the South Florida Water Management District, in consultation with the South Florida Ecosystem Restoration Task Force, not later than 5 years after the date of enactment of this paragraph. .

https://www.govinfo.gov/content/pkg/BILLS-113hr913ih/xml/BILLS-113hr913ih.xml

113-hr-914

I 113th CONGRESS 1st Session H. R. 914 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Huelskamp (for himself, Mr. King of Iowa , Mr. Walberg , Mrs. Hartzler , Mr. LaMalfa , Mr. Jordan , and Mr. Gohmert ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require that implementation of the repeal of the former Department of Defense policy concerning homosexual behavior in the Armed Forces not infringe upon the free exercise of religion by and the rights of conscience of members of the Armed Forces, including chaplains, and for other purposes. 1. Short title This Act may be cited as the Military Religious Freedom Protection Act . 2. Protection of rights of conscience of members of the Armed Forces and chaplains (a) Protection Chapter 53 of title 10, United States Code, is amended by inserting after section 1034 the following new section: 1034a. Protection of rights of conscience of members of the Armed Forces and chaplains (a) Protection of rights of conscience The sincerely held religious or moral beliefs of a member of the Armed Forces concerning the appropriate and inappropriate expression of human sexuality shall be accommodated and shall not be the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment. Nothing in this subsection precludes disciplinary action for conduct that is proscribed by chapter 47 of this title (the Uniform Code of Military Justice). (b) Protection of chaplains (1) A military chaplain is a certified religious leader or clergy of a faith community who, after satisfying the professional and educational requirements of the commissioning service, is commissioned as an officer in the Chaplains Corps of one of the branches of the Armed Forces. A chaplain is a representative of the chaplain’s faith group, who remains accountable to the sending faith group for the chaplain’s religious ministry to members of the Armed Forces, to— (A) provide for the religious and spiritual needs of members of the Armed Forces of that faith group; and (B) facilitate the religious needs for other faith groups. (2) A military chaplain shall not be directed, ordered, or required to perform any duty, rite, ritual, ceremony, service, or function that is contrary to the conscience, moral principles, or religious beliefs of the chaplain or contrary to the moral principles or religious beliefs of the chaplain’s faith group. The refusal by a military chaplain to perform a duty, rite, ritual, ceremony, service, or function that is contrary to the conscience, moral principles, or religious beliefs of the chaplain or contrary to the moral principles or religious beliefs of the chaplain’s faith group shall not be the basis for any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment. (c) Regulations The Secretary of Defense shall issue regulations setting forth guidance to implement the protections afforded by this section. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1034 the following new item: 1034a. Protection of rights of conscience of members of the Armed Forces and chaplains. . 3. Use of military installations as site for marriage ceremonies or marriage-like ceremonies A military installation or other property owned, rented, or otherwise under the jurisdiction or control of the Department of Defense shall not be used to officiate, solemnize, or perform a marriage or marriage-like ceremony involving anything other than the union of one man with one woman.

https://www.govinfo.gov/content/pkg/BILLS-113hr914ih/xml/BILLS-113hr914ih.xml

113-hr-915

I 113th CONGRESS 1st Session H. R. 915 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Kennedy (for himself, Mr. Farr , Mr. Garamendi , Mr. Honda , and Mr. Petri ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Peace Corps Commemorative Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes. 1. Findings Congress makes the following findings: (1) The Peace Corps was created by President John F. Kennedy on March 1, 1961, for Americans to serve their country in the cause of peace by living and working in developing countries. (2) The Peace Corps has become an enduring symbol of America's commitment to promoting prosperity and progress in the developing world. (3) Peace Corps volunteers have deepened the ties of goodwill, friendship, and mutual understanding between the United States and other countries. (4) Peace Corps volunteers return to the United States with language fluency and deep cross-cultural experience that enhances America's international standing. (5) Over 210,000 Americans from all 50 States have served at the request of 139 countries as Peace Corps volunteers over more than 50 years. (6) More than 8,000 Peace Corps volunteers currently serve in 76 host countries in Africa, Asia, the Caribbean, Eastern Europe/Central Asia, Latin America, North Africa/Middle East, and the Pacific Islands. (7) Peace Corps volunteers work with local communities in developng countries to promote sustainable development and local capacity building. (8) Peace Corps volunteers have made significant and lasting contributions around the globe in education, public health and HIV/AIDS relief, agriculture, youth development, the environment, and business development. (9) As of 2013, 25 additional countries have requested Peace Corps volunteers and existing host countries have requested an increase in the number of Peace Corps volunteers. (10) After more than five decades of service, the Peace Corps continues to reaffirm America's commitment to help communities overseas help themselves. 2. Memorial to commemorate the establishment of the Peace Corps and the ideals of world peace and friendship upon which it was founded (a) Authorization To establish commemorative work The Peace Corps Commemorative Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the formation of the Peace Corps and the ideals of world peace and friendship upon which the Peace Corps was founded. (b) Compliance with standards for Commemorative Works Act The establishment of the commemorative work shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ). (c) Use of Federal funds prohibited Federal funds may not be used to pay any expense of the establishment of the commemorative work. The Peace Corps Commemorative Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work. (d) Deposit of excess funds If, upon payment of all expenses for the establishment of the commemorative work (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), or upon expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work, the Peace Corps Commemorative Foundation shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. 3. Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

https://www.govinfo.gov/content/pkg/BILLS-113hr915ih/xml/BILLS-113hr915ih.xml

113-hr-916

I 113th CONGRESS 1st Session H. R. 916 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Kind (for himself and Mr. Bishop of Utah ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To improve Federal land management, resource conservation, environmental protection, and use of Federal real property, by requiring the Secretary of the Interior to develop a multipurpose cadastre of Federal real property and identifying inaccurate, duplicate, and out-of-date Federal land inventories, and for other purposes. 1. Short title This Act may be cited as the Federal Land Asset Inventory Reform Act of 2013 . 2. Cadastre of federal land (a) In General The Secretary shall develop a multipurpose cadastre of Federal real property to support Federal land management activities, including, but not limited to: resource development and conservation, travel management, agricultural use, active forest management, environmental protection, and use of real property. (b) Cost-Sharing The Secretary may enter into cost-sharing agreements with States to include any non-Federal lands in a State in the cadastre. The Federal share of any such cost agreement shall not exceed 50 percent of the total cost to a State for the development of the cadastre of non-Federal lands in the State. (c) Consolidation and Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on— (1) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior, the statutory authorization for such, and the amount expended by the Federal Government for each such activity in fiscal year 2012; (2) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior that will be eliminated or consolidated into the multipurpose cadastre authorized by this Act; (3) the existing real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior that will not be eliminated or consolidated into the multipurpose cadastre authorized by this Act, together with a justification for not terminating or consolidating such in the multipurpose cadastre authorized by this Act; (4) the use of existing real property inventories or any components of any cadastre currently conducted by any unit of State or local government that can be used to identify Federal real property within such unit of government; (5) the cost-savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior that will become part of the multipurpose cadastre authorized by this Act; and (6) recommendations for any legislation necessary to increase the cost-savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior. (d) Coordination (1) In general In carrying out this section, the Secretary shall— (A) participate, pursuant to section 216 of Public Law 107–347 , in the establishment of such standards and common protocols as are necessary to assure the interoperability of geospatial information pertaining to the cadastre for all users of such information; (B) coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A–16 and Executive Order 12906 for the implementation of and compliance with such standards as may be applicable to the cadastre; (C) make the cadastre interoperable with the Federal Real Property Profile established pursuant to Executive Order 13327; (D) integrate with and leverage to the maximum extent practicable current cadastre activities of units of State and local government; and (E) use contracts with the private sector, to the maximum extent practicable, to provide such products and services as are necessary to develop the cadastre. (2) Contracts considered surveying and mapping Contracts entered into under paragraph (1)(E) shall be considered surveying and mapping services as such term is used and as such contracts are awarded in accordance with the selection procedures in title IX of the Federal Property and Administrative Services Act of 1949 ( 40 U.S.C. 1101 et seq. ). 3. Definitions As used in this Act, the following definitions apply: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Cadastre The term cadastre means an inventory of real property of the Federal Government developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, and services, with services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services of an architectural or engineering nature including the following data layers: (A) A reference frame consisting of a geodetic network. (B) A series of current, accurate large scale maps. (C) A cadastral boundary overlay delineating all cadastral parcels. (D) A system for indexing and identifying each cadastral parcel. (E) A series of land data files, each including the parcel identifier, which can be used to retrieve information and cross reference between and among other data files, which contains information about the use, value, assets and infrastructure of each parcel, and shall also designate any parcels that the Secretary determines can be better managed through ownership by a non-Federal entity including but not limited to State government, local government, Tribal government, nonprofit organizations, or the private sector. (3) Real property The term real property means real estate consisting of land, buildings, crops, forests, or other resources still attached to or within the land or improvements or fixtures permanently attached to the land or a structure on it, including any interest, benefit, right, or privilege in such property.

https://www.govinfo.gov/content/pkg/BILLS-113hr916ih/xml/BILLS-113hr916ih.xml

113-hr-917

I 113th CONGRESS 1st Session H. R. 917 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. King of Iowa (for himself, Mr. Chaffetz , Ms. Lofgren , and Mr. Deutch ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for media coverage of Federal court proceedings. 1. Short title This Act may be cited as the Sunshine in the Courtroom Act of 2013 . 2. Federal appellate and district courts (a) Definitions In this section: (1) Presiding judge The term presiding judge means the judge presiding over the court proceeding concerned. In proceedings in which more than 1 judge participates, the presiding judge shall be the senior active judge so participating or, in the case of a circuit court of appeals, the senior active circuit judge so participating, except that— (A) in en banc sittings of any United States circuit court of appeals, the presiding judge shall be the chief judge of the circuit whenever the chief judge participates; and (B) in en banc sittings of the Supreme Court of the United States, the presiding judge shall be the Chief Justice whenever the Chief Justice participates. (2) Appellate court of the United States The term appellate court of the United States means any United States circuit court of appeals and the Supreme Court of the United States. (b) Authority of presiding judge To allow media coverage of court proceedings (1) Authority of appellate courts (A) In general Except as provided under subparagraph (B), the presiding judge of an appellate court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (B) Exception The presiding judge shall not permit any action under subparagraph (A), if— (i) in the case of a proceeding involving only the presiding judge, that judge determines the action would constitute a violation of the due process rights of any party; or (ii) in the case of a proceeding involving the participation of more than 1 judge, a majority of the judges participating determine that the action would constitute a violation of the due process rights of any party. (2) Authority of district courts (A) In general (i) Authority Notwithstanding any other provision of law, except as provided under clause (iii), the presiding judge of a district court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (ii) Obscuring of witnesses Except as provided under clause (iii)— (I) upon the request of any witness (other than a party) in a trial proceeding, the court shall order the face and voice of the witness to be disguised or otherwise obscured in such manner as to render the witness unrecognizable for purposes of photographing, recording, broadcasting, or televising the witness described in clause (i); and (II) the presiding judge in a trial proceeding shall inform each witness who is not a party that the witness has the right to request the image and voice of that witness to be obscured during the witness's testimony. (iii) Exception The presiding judge shall not permit any action under this subparagraph if that judge determines the action would constitute a violation of the due process rights of any party. (B) No media coverage of jurors The presiding judge shall not permit the photographing, electronic recording, broadcasting, or televising of any juror in a trial proceeding, or of the jury selection process. (3) Interlocutory appeals barred The decision of the presiding judge under this subsection of whether or not to permit, deny, or terminate the photographing, electronic recording, broadcasting, or televising of a court proceeding may not be challenged through an interlocutory appeal. (4) Guidelines The Judicial Conference of the United States may promulgate guidelines with respect to the management and administration of photographing, recording, broadcasting, or televising described under paragraphs (1) and (2). (5) Sunset of district court authority The authority under paragraph (2) shall terminate upon the expiration of the 3-year period beginning on the date of the enactment of this Act. (6) Procedures In the interests of justice and fairness, the presiding judge of the court in which media use is desired has discretion to promulgate rules and disciplinary measures for the courtroom use of any form of media or media equipment and the acquisition or distribution of any of the images or sounds obtained in the courtroom. The presiding judge shall also have discretion to require written acknowledgment of the rules by anyone individually or on behalf of any entity before being allowed to acquire any images or sounds from the courtroom.

https://www.govinfo.gov/content/pkg/BILLS-113hr917ih/xml/BILLS-113hr917ih.xml

113-hr-918

I 113th CONGRESS 1st Session H. R. 918 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Ms. Lee of California (for herself, Ms. McCollum , Ms. Norton , Mr. Connolly , Ms. Moore , Mr. Hastings of Florida , Mr. Honda , Mr. Garamendi , and Mr. Farr ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the issuance of a semipostal to benefit the Peace Corps. 1. Short title This Act may be cited as the Peace Stamp for the Peace Corps Act . 2. Peace Corps stamp (a) In general The United States Postal Service shall, for a 2-year period beginning no later than 12 months after the date of the enactment of this Act, issue a semipostal to benefit the Peace Corps. (b) Requirements and authorities The issuance of such semipostal and the disposition of the amounts becoming available from the issuance of such semipostal shall be governed by section 416 of title 39, United States Code, subject to the following: (1) The differential included in the rate of postage established for such semipostal under section 416(c) of such title may not exceed 25 percent. (2) The Peace Corps shall be the sole agency to which any amounts becoming available from the sale of such semipostal may be transferred under section 416(d)(1) of such title. (c) Semipostal defined For purposes of this section, the term semipostal has the meaning given such term by section 416(a)(1) of such title.

https://www.govinfo.gov/content/pkg/BILLS-113hr918ih/xml/BILLS-113hr918ih.xml

113-hr-919

I 113th CONGRESS 1st Session H. R. 919 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Loebsack introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To promote industry growth and competitiveness and to improve worker training, retention, and advancement, and for other purposes. 1. Short title This Act may be cited as the Strengthening Employment Clusters to Organize Regional Success Act of 2013 or the SECTORS Act of 2013 . 2. Industry or sector partnership grant (a) Amendment Subtitle D of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 et seq. ) is amended by inserting after section 171 the following: 171A. Industry or sector partnership grant program (a) Purpose It is the purpose of this section to promote industry or sector partnerships that lead collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster, in order to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters, including by developing— (1) immediate strategies for regions and communities to fulfill pressing skilled workforce needs; (2) long-term plans to grow targeted industry clusters with better training and a more productive workforce; (3) core competencies and competitive advantages for regions and communities undergoing structural economic redevelopment; and (4) skill standards, career ladders, job redefinitions, employer practices, and shared training and support capacities that facilitate the advancement of workers at all skill levels. (b) Definitions In this section: (1) Career ladder The term career ladder means an identified series of positions, work experiences, and educational benchmarks or credentials that offer occupational and financial advancement within a specified career field or related fields over time. (2) Economic self-sufficiency The term economic self-sufficiency means, with respect to a worker, earning a wage sufficient to support a family adequately over time, based on factors such as— (A) family size; (B) the number and ages of children in the family; (C) the cost of living in the worker’s community; and (D) other factors that may vary by region. (3) Eligible entity The term eligible entity means— (A) an industry or sector partnership; or (B) an eligible State agency. (4) Eligible State agency The term eligible State agency means a State agency designated by the Governor of the State in which the State agency is located for the purposes of the grant program under this section. (5) High-priority occupation The term high-priority occupation means an occupation that— (A) has a significant presence in an industry cluster; (B) is in demand by employers; (C) pays family-sustaining wages that enable workers to achieve economic self-sufficiency, or can reasonably be expected to lead to such wages; (D) has or is in the process of developing a documented career ladder; and (E) has a significant impact on a region’s economic development strategy. (6) Industry cluster The term industry cluster means a concentration of interconnected businesses, suppliers, research and development entities, service providers, and associated institutions in a particular field that are linked by common workforce needs. (7) Industry or sector partnership The term industry or sector partnership means a workforce collaborative that is described as follows: (A) Required members (i) In general An industry or sector partnership is a workforce collaborative that organizes key stakeholders in a targeted industry cluster into a working group that focuses on the workforce needs of the targeted industry cluster and includes, at the appropriate stage of development of the partnership— (I) representatives of multiple firms or employers in the targeted industry cluster, including small- and medium-sized employers when practicable; (II) one or more representatives of State labor organizations, central labor coalitions, or other labor organizations, except in instances where no labor representation exists; (III) one or more representatives of local boards; (IV) one or more representatives of postsecondary educational institutions or other training providers; and (V) one or more representatives of State workforce agencies or other entities providing employment services. (ii) Diverse and distinct representation No individual may serve as a member in an industry or sector partnership, as defined in this paragraph, for more than one of the required categories described in subclauses (I) through (V) of clause (i). (B) Authorized members An industry or sector partnership may include representatives of— (i) State or local government; (ii) State or local economic development agencies; (iii) other State or local agencies; (iv) chambers of commerce; (v) nonprofit organizations; (vi) philanthropic organizations; (vii) economic development organizations; (viii) industry associations; and (ix) other organizations, as determined necessary by the members comprising the industry or sector partnership. (8) Industry-recognized The term industry-recognized , used with respect to a credential, means a credential that— (A) is sought or accepted by businesses within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, or hiring purposes; and (B) is endorsed by a nationally recognized trade association or organization representing a significant part of the industry or sector, where appropriate. (9) Nationally portable The term nationally portable , used with respect to a credential, means a credential that is sought or accepted by businesses within the industry sector involved, across multiple States, as a recognized, preferred, or required credential for recruitment, screening, or hiring purposes. (10) Targeted industry cluster The term targeted industry cluster means an industry cluster that has— (A) economic impact in a local or regional area, such as advanced manufacturing, clean energy technology, and health care; (B) immediate workforce development needs, such as advanced manufacturing, clean energy, technology, and health care; and (C) documented career opportunities. (c) Grants authorized (1) In general From amounts appropriated to carry out this section, the Secretary shall award, on a competitive basis, grants described in paragraph (3) to eligible entities to enable the eligible entities to plan and implement, respectively, the eligible entities’ strategic objectives in accordance with subsection (d)(2)(D). (2) Maximum amount (A) Implementation grants An implementation grant awarded under paragraph (3)(A) may not exceed a total of $2,500,000 for a 3-year period. (B) Renewal grants A renewal grant awarded under paragraph (3)(C) may not exceed a total of $1,500,000 for a 3-year period. (3) Implementation and renewal grants (A) In general The Secretary may award an implementation grant under this section to an eligible entity that has established, or is in the process of establishing, an industry or sector partnership. (B) Duration An implementation grant shall be for a duration of not more than 3 years, and may be renewed in accordance with subparagraph (C). (C) Renewal The Secretary may renew an implementation grant for not more than 3 years. A renewal of such grant shall be subject to the requirements of this section, except that the Secretary shall— (i) prioritize renewals to eligible entities that can demonstrate the long-term sustainability of an industry or sector partnership funded under this section; and (ii) require assurances that the eligible entity will leverage, in accordance with subparagraph (D)(ii), each year of the grant period, additional funding sources for the non-Federal share of the grant which shall— (I) be in an amount greater than— (aa) the non-Federal share requirement described in subparagraph (D)(i)(III); and (bb) for the second and third year of the grant period, the non-Federal share amount the eligible entity provided for the preceding year of the grant; and (II) include at least a 50 percent cash match from the State, the industry cluster, or some combination thereof, of the eligible entity. (D) Federal and non-Federal share (i) Federal share Except as provided in subparagraph (C)(ii) and clause (iii), the Federal share of a grant under this section shall be— (I) 90 percent of the costs of the activities described in subsection (f), in the first year of the grant; (II) 80 percent of such costs in the second year of the grant; and (III) 70 percent of such costs in the third year of the grant. (ii) Non-Federal The non-Federal share of a grant under this section may be in cash or in-kind, and may come from State, local, philanthropic, private, or other sources. (iii) Exception The Secretary may require the Federal share of a grant under this section to be 100 percent if an eligible entity receiving such grant is located in a State or local area that is receiving a national emergency grant under section 173. (4) Fiscal agent Each eligible entity receiving a grant under this section that is an industry or sector partnership shall designate an entity in the partnership as the fiscal agent for purposes of this grant. (5) Use of grant funds during grant periods An eligible entity receiving grant funds under a grant under this section shall expend grant funds or obligate grant funds to be expended by the last day of the grant period. (d) Application process (1) Identification of a targeted industry cluster In order to qualify for a grant under this section, an eligible entity shall identify a targeted industry cluster that could benefit from such grant by— (A) working with businesses, industry associations and organizations, labor organizations, State boards, local boards, economic development agencies, and other organizations that the eligible entity determines necessary, to identify an appropriate targeted industry cluster based on criteria that include, at a minimum— (i) data showing the competitiveness of the industry cluster; (ii) the importance of the industry cluster to the economic development of the area served by the eligible entity, including estimation of jobs created or preserved; (iii) the identification of supply and distribution chains within the industry cluster; and (iv) research studies on industry clusters; and (B) working with appropriate employment agencies, workforce investment boards, economic development agencies, community organizations, and other organizations that the eligible entity determines necessary to ensure that the targeted industry cluster identified under subparagraph (A) should be targeted for investment, based primarily on the following criteria: (i) Demonstrated demand for job growth potential. (ii) Employment base. (iii) Wages and benefits. (iv) Demonstrated importance of the targeted industry cluster to the area’s economy. (v) Workforce development needs. (2) Application An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. An application submitted under this paragraph shall contain, at a minimum, the following: (A) A description of the eligible entity, evidence of the eligible entity’s capacity to carry out activities in support of the strategic objectives identified in the application under subparagraph (D), and a description of the expected participation and responsibilities of each of the mandatory partners described in subsection (b)(8)(A). (B) A description of the targeted industry cluster for which the eligible entity intends to carry out activities through a grant under this section, and a description of how such targeted industry cluster was identified in accordance with paragraph (1). (C) A description of the workers that will be targeted or recruited by the partnership, including an analysis of the existing labor market, a description of potential barriers to employment for targeted workers, and a description of strategies that will be employed to help workers overcome such barriers. (D) A description of the strategic objectives that the eligible entity intends to carry out for the targeted industry cluster, which objectives shall include— (i) recruiting key stakeholders in the targeted industry cluster, such as multiple businesses and employers, labor organizations, local boards, and education and training providers, and regularly convening the stakeholders in a collaborative structure that supports the sharing of information, ideas, and challenges common to the targeted industry cluster; (ii) identifying the training needs of multiple businesses, especially skill gaps critical to competitiveness and innovation to the targeted industry cluster; (iii) facilitating economies of scale by aggregating training and education needs of multiple employers; (iv) helping postsecondary educational institutions, training institutions, apprenticeship programs, and all other training programs authorized under this Act, align curricula, entrance requirements, and programs to industry demand and nationally portable, industry-recognized credentials (or, if not available for the targeted industry, other credentials, as determined appropriate by the Secretary), particularly for higher skill, high-priority occupations validated by the industry; (v) ensuring that the State agency carrying out the State program under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), including staff of the agency that provide services under such Act, shall inform recipients of unemployment insurance of the job and training opportunities that may result from the implementation of this grant; (vi) informing and collaborating with organizations such as youth councils, business-education partnerships, apprenticeship programs, secondary schools, and postsecondary educational institutions, and with parents and career counselors, for the purpose of addressing the challenges of connecting disadvantaged adults as defined in section 132(b)(1)(B)(v) and disadvantaged youth as defined in section 127(b) to careers; (vii) helping companies identify, and work together to address, common organizational and human resource challenges, such as— (I) recruiting new workers; (II) implementing effective workplace practices; (III) retraining dislocated and incumbent workers; (IV) implementing a high-performance work organization; (V) recruiting and retaining women in nontraditional occupations; (VI) adopting new technologies; and (VII) fostering experiential and contextualized on-the-job learning; (viii) developing and strengthening career ladders within and across companies, in order to enable dislocated, incumbent and entry-level workers to improve skills and advance to higher-wage jobs; (ix) improving job quality through improving wages, benefits, and working conditions; (x) helping partner companies in industry or sector partnerships to attract potential employees from a diverse job seeker base, including individuals with barriers to employment (such as job seekers who are low income, youth, older workers, and individuals who have completed a term of imprisonment), by identifying such barriers through analysis of the existing labor market and implementing strategies to help such workers overcome such barriers; and (xi) strengthening connections among businesses in the targeted industry cluster, leading to cooperation beyond workforce issues that will improve competitiveness and job quality, such as joint purchasing, market research, or centers for technology and innovation. (E) A description of the nationally portable, industry-recognized credentials or, if not available, other credentials, related to the targeted industry cluster that the eligible entity proposes to support, develop, or use as a performance measure, in order to carry out the strategic objectives described in subparagraph (D). (F) A description of the manner in which the eligible entity intends to make sustainable progress toward the strategic objectives. (G) Performance measures for measuring progress toward the strategic objectives. Such performance measures— (i) may consider the benefits provided by the grant activities funded under this section for workers employed in the targeted industry cluster, disaggregated by gender and race, such as— (I) the number of workers receiving nationally portable, industry-recognized credentials (or, if not available for the targeted industry, other credentials) described in the application under subparagraph (E); (II) the number of workers with increased wages, the percentage of workers with increased wages, and the average wage increase; and (III) for dislocated or nonincumbent workers, the number of workers placed in sector-related jobs; and (ii) may consider the benefits provided by the grant activities funded under this section for firms and industries in the targeted industry cluster, such as— (I) the creation or updating of an industry plan to meet current and future workforce demand; (II) the creation or updating of published industry-wide skill standards or career pathways; (III) the creation or updating of nationally portable, industry-recognized credentials, or where there is not such a credential, the creation or updating of a training curriculum that can lead to the development of such a credential; (IV) the number of firms, and the percentage of the local industry, participating in the industry or sector partnership; and (V) the number of firms, and the percentage of the local industry, receiving workers or services through the grant funded under this section. (H) A timeline for achieving progress toward the strategic objectives. (I) In the case of an eligible entity desiring an implementation grant under this section, an assurance that the eligible entity will leverage other funding sources, in addition to the amount required for the non-Federal share under subsection (c)(3)(D), to provide training or supportive services to workers under the grant program. Such additional funding sources may include— (i) funding under this title used for such training and supportive services; (ii) funding under the Adult Education and Family Literacy Act of 1998 (20 U.S.C. 9201 et seq.); (iii) economic development funding; (iv) employer contributions to training initiatives; or (v) providing employees with employee release time for such training or supportive services. (e) Award basis (1) Geographic distribution The Secretary shall award grants under this section in a manner to ensure geographic diversity. (2) Priorities In awarding grants under this section, the Secretary shall give priority to eligible entities that— (A) work with employers within a targeted industry cluster to retain and expand employment in high wage, high growth areas; (B) focus on helping workers move toward economic self-sufficiency and ensuring the workers have access to adequate supportive services; (C) address the needs of firms with limited human resources or in-house training capacity, including small- and medium-sized firms; and (D) coordinate with entities carrying out State and local workforce investment, economic development, and education activities. (f) Activities (1) In general An eligible entity receiving a grant under this section shall carry out the activities necessary to meet the strategic objectives, including planning activities if applicable, described in the entity’s application in a manner that— (A) integrates services and funding sources in a way that enhances the effectiveness of the activities; and (B) uses grant funds awarded under this section efficiently. (2) Planning activities Planning activities may only be carried out by an eligible entity receiving an implementation grant under this section during the first year of the grant period with not more than $250,000 of the grant funds. (3) Administrative costs An eligible entity may retain a portion of a grant awarded under this section for a fiscal year to carry out the administration of this section in an amount not to exceed 5 percent of the grant amount. (g) Evaluation and progress reports (1) Annual activity report and evaluation Not later than 1 year after receiving a grant under this section, and annually thereafter, an eligible entity shall— (A) report to the Secretary, and to the Governor of the State that the eligible entity serves, on the activities funded pursuant to a grant under this section; and (B) evaluate the progress the eligible entity has made toward the strategic objectives identified in the application under subsection (d)(2)(D), and measure the progress using the performance measures identified in the application under subsection (d)(2)(G). (2) Report to the Secretary An eligible entity receiving a grant under this section shall submit to the Secretary a report containing the results of the evaluation described in subparagraph (B) at such time and in such manner as the Secretary may require. (h) Administration by the Secretary (1) Administrative costs The Secretary may retain not more than 10 percent of the funds appropriated to carry out this section for each fiscal year to administer this section. (2) Technical assistance and oversight The Secretary shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants awarded under this section. The Secretary shall also provide technical assistance to eligible entities in the form of conferences and through the collection and dissemination of information on best practices. The Secretary may award a grant or contract to one or more national or State organizations to provide technical assistance to foster the planning, formation, and implementation of industry cluster partnerships. (3) Performance measures The Secretary shall issue a range of performance measures, with quantifiable benchmarks, and methodologies that eligible entities may use to evaluate the effectiveness of each type of activity in making progress toward the strategic objectives described in subsection (d)(2)(D). Such measures shall consider the benefits of the industry or sector partnership and its activities for workers, firms, industries, and communities. (4) Dissemination of information The Secretary shall— (A) coordinate the annual review of each eligible entity receiving a grant under this section and produce an overview report that, at a minimum, includes— (i) the critical learning of each industry or sector partnership, such as— (I) the training that was most effective; (II) the human resource challenges that were most common; (III) how technology is changing the targeted industry cluster; and (IV) the changes that may impact the targeted industry cluster over the next 5 years; and (ii) a description of what eligible entities serving similar targeted industry clusters consider exemplary practices, such as— (I) how to work effectively with postsecondary educational institutions; (II) the use of internships; (III) coordinating with apprenticeships and cooperative education programs; (IV) how to work effectively with schools providing vocational education; (V) how to work effectively with adult populations, including— (aa) dislocated workers; (bb) women in nontraditional occupations; and (cc) individuals with barriers to employment, such as job seekers who— (AA) are economically disadvantaged; (BB) have limited English proficiency; (CC) require remedial education; (DD) are older workers; (EE) are individuals who have completed a sentence for a criminal offense; and (FF) have other barriers to employment; (VI) employer practices that are most effective; (VII) the types of training that are most effective; (VIII) other areas where industry or sector partnerships can assist each other; and (IX) alignment of curricula to nationally portable, industry-recognized credentials in the sectors where they are available or, if not available for the sector, other credentials, as described in the application under subsection (d)(2)(E); (B) make resource materials, including all reports published and all data collected under this section, available on the Internet; and (C) conduct conferences and seminars to— (i) disseminate information on best practices developed by eligible entities receiving a grant under this section; and (ii) provide information to the communities of eligible entities. (5) Report Not later than 18 months after the date of enactment of the Strengthening Employment Clusters to Organize Regional Success Act of 2013 and on an annual basis thereafter, the Secretary shall transmit a report to Congress on the industry or sector partnership grant program established by this section. The report shall include a description of— (A) the eligible entities receiving funding; (B) the activities carried out by the eligible entities; (C) how the eligible entities were selected to receive funding under this section; and (D) an assessment of the results achieved by the grant program including findings from the annual reviews described in paragraph (4)(A). (i) Rule of construction Nothing in this section shall be construed to permit the reporting or sharing of personally identifiable information collected or made available under this section. . (b) Conforming amendment The table of contents in section 1(b) of the Workforce Investment Act of 1998 (20 U.S.C. 9201 note) is amended by inserting after the item relating to section 171 the following: 171A. Industry or sector partnership grant program. .

https://www.govinfo.gov/content/pkg/BILLS-113hr919ih/xml/BILLS-113hr919ih.xml

113-hr-920

I 113th CONGRESS 1st Session H. R. 920 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mrs. McMorris Rodgers (for herself, Ms. Castor of Florida , Mr. Guthrie , Mr. Welch , Mr. Cassidy , and Mr. Braley of Iowa ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide for the participation of optometrists in the National Health Service Corps scholarship and loan repayment programs, and for other purposes. 1. Short title This Act may be cited as the National Health Service Corps Improvement Act of 2013 . 2. Participation of optometrists in National Health Service Corps (1) Primary health care services Section 331 of the Public Health Service Act (42 U.S.C. 254d) is amended— (A) in subsection (a)(3)(D), by striking or mental health, and inserting optometry, or mental health, ; and (B) in subsection (b)(2), by striking and physician assistants and inserting optometrists, and physician assistants . (2) Scholarship program Section 338A of the Public Health Service Act (42 U.S.C. 254l) is amended— (A) in subsection (a)(1), by striking and physician assistants and inserting optometrists, and physician assistants ; and (B) in subsection (b)(1), by striking or other health profession and inserting optometry, or other health profession . (3) Loan repayment program (A) Participation Section 338B of the Public Health Service Act ( 42 U.S.C. 254l–1 ) is amended— (i) in subsection (a)(1), by striking and physician assistants and inserting optometrists, and physician assistants ; (ii) in subsection (b)(1)(A), by striking or another health profession and inserting optometry, or another health profession ; and (iii) in subsections (b)(1)(B) and (b)(1)(C)(ii), by striking the term or other health profession each place such term appears and inserting optometry, or other health profession . (B) Period of obligated service Clauses (ii) and (iii) of section 338C(b)(5)(C) of the Public Health Service Act ( 42 U.S.C. 254m(b)(5)(C) ) are amended by striking the term or other health profession each place such term appears and inserting optometry, or other health profession .

https://www.govinfo.gov/content/pkg/BILLS-113hr920ih/xml/BILLS-113hr920ih.xml

113-hr-921

I 113th CONGRESS 1st Session H. R. 921 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Michaud introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend the Department of Veterans Affairs Health Care Programs Enhancement Act of 2001 and title 38, United States Code, to require the provision of chiropractic care and services to veterans at all Department of Veterans Affairs medical centers and to expand access to such care and services. 1. Short title This Act may be cited as the Chiropractic Care Available to All Veterans Act . 2. Program for provision of chiropractic care and services to veterans Section 204(c) of the Department of Veterans Affairs Health Care Programs Enhancement Act of 2001 ( 38 U.S.C. 1710 note) is amended— (1) by inserting (1) before The program ; and (2) by adding at the end the following new paragraph: (2) The program shall be carried out at not fewer than 75 medical centers by not later than December 31, 2014, and at all medical centers by not later than December 31, 2016. . 3. Expanded chiropractor services available to veterans (a) Medical services Paragraph (6) of section 1701 of title 38, United States Code, is amended by adding at the end the following new subparagraph: (H) Chiropractic services. . (b) Rehabilitative services Paragraph (8) of such section is amended by inserting chiropractic, after counseling, . (c) Preventive health services Paragraph (9) of such section is amended— (1) by redesignating subparagraphs (F) through (K) as subparagraphs (G) through (L), respectively; and (2) by inserting after subparagraph (E) the following new subparagraph (F): (F) periodic and preventative chiropractic examinations and services; .

https://www.govinfo.gov/content/pkg/BILLS-113hr921ih/xml/BILLS-113hr921ih.xml

113-hr-922

I 113th CONGRESS 1st Session H. R. 922 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Michaud (for himself, Ms. Pingree of Maine , Mr. Welch , Ms. Shea-Porter , and Mr. Owens ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 40, United States Code, to extend the authorization of the Northern Border Regional Commission, and for other purposes. 1. Short title This Act may be cited as the Northern Border Regional Commission Reauthorization Act of 2013 . 2. Northern Border Regional Commission (a) Authorization of appropriations Section 15751 of title 40, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following: (b) Northern Border Regional Commission There is authorized to be appropriated to the Northern Border Regional Commission to carry out this subtitle $30,000,000 for each of fiscal years 2014 through 2018. ; and (3) in subsection (c), as so redesignated in paragraph (1) of this subsection, by inserting by the Commission, if in that fiscal year at least $10,000,000 is made available to the Commission under this section before the period. (b) Technical amendment Subtitle V of title 40, United States Code, is amended by redesignating chapters 1, 2, 3, and 4 as chapters 151, 153, 155, and 157, respectively.

https://www.govinfo.gov/content/pkg/BILLS-113hr922ih/xml/BILLS-113hr922ih.xml

113-hr-923

I 113th CONGRESS 1st Session H. R. 923 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Nadler introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to deny any deduction for direct-to-consumer advertisements of prescription drugs. 1. Short title This Act may be cited as the Say No to Drug Ads Act . 2. Disallowance of deduction for direct-to-consumer advertisement of prescription drugs (a) General rule Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following new section: 280I. Direct-to-consumer advertisement of prescription drugs No deduction shall be allowed under this chapter for any amount paid or incurred for a direct-to-consumer advertisement of a prescription drug. . (b) Clerical amendment The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end thereof the following new item: Sec. 280I. Direct-to-consumer advertisement of prescription drugs. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr923ih/xml/BILLS-113hr923ih.xml

113-hr-924

I 113th CONGRESS 1st Session H. R. 924 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Pascrell (for himself, Mr. LoBiondo , and Mr. Carney ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for an investment tax credit related to the production of electricity from offshore wind. 1. Short title This Act may be cited as the Incentivizing Offshore Wind Power Act . 2. Qualifying offshore wind facility credit (a) In general Section 46 of the Internal Revenue Code of 1986 is amended— (1) by striking and at the end of paragraph (5), (2) by striking the period at the end of paragraph (6) and inserting , and , and (3) by adding at the end the following new paragraph: (7) the qualifying offshore wind facility credit. . (b) Amount of credit Subpart E of part IV of subchapter A of chapter 1 is amended by inserting after section 48D the following new section: 48E. Credit for offshore wind facilities (a) In general For purposes of section 46, the qualifying offshore wind facility credit for any taxable year is an amount equal to 30 percent of the qualified investment for such taxable year with respect to any qualifying offshore wind facility of the taxpayer. (b) Qualified investment (1) In general For purposes of subsection (a), the qualified investment for any taxable year is the basis of eligible property placed in service by the taxpayer during such taxable year which is part of a qualifying offshore wind facility. (2) Certain qualified progress expenditures rules made applicable Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (c) Definitions For purposes of this section— (1) Qualifying offshore wind facility (A) In general The term qualifying offshore wind facility means an offshore facility using wind to produce electricity. (B) Offshore facility The term offshore facility means any facility located in the inland navigable waters of the United States, including the Great Lakes, or in the coastal waters of the United States, including the territorial seas of the United States, the exclusive economic zone of the United States, and the outer Continental Shelf of the United States. (2) Eligible property The term eligible property means any property— (A) which is— (i) tangible personal property, or (ii) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualifying offshore wind facility, and (B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable. (d) Qualifying credit for offshore wind facilities program (1) Establishment (A) In general Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Energy and the Secretary of the Interior, shall establish a qualifying credit for an offshore wind facilities program to consider and award certifications for qualified investments eligible for credits under this section to qualifying offshore wind facility sponsors. (B) Limitation The total amount of megawatt capacity for offshore facilities with respect to which credits may be allocated under the program shall not exceed 3,000 megawatts. (2) Certification (A) Application period Each applicant for certification under this paragraph shall submit an application containing such information as the Secretary may require beginning on the date the Secretary establishes the program under paragraph (1). (B) Period of issuance An applicant which receives a certification shall have 5 years from the date of issuance of the certification in order to place the facility in service and if such facility is not placed in service by that time period, then the certification shall no longer be valid. (3) Selection criteria In determining which qualifying offshore wind facilities to certify under this section, the Secretary shall— (A) take into consideration which facilities will be placed in service at the earliest date, and (B) take into account the technology of the facility that may lead to reduced industry and consumer costs or expand access to offshore wind. (4) Review, additional allocations, and reallocations (A) Review Periodically, but not later than 4 years after the date of the enactment of this section, the Secretary shall review the credits allocated under this section as of the date of such review. (B) Additional allocations and reallocations The Secretary may make additional allocations and reallocations of credits under this section if the Secretary determines that— (i) the limitation under paragraph (1)(B) has not been attained at the time of the review, or (ii) scheduled placed-in-service dates of previously certified facilities have been significantly delayed and the Secretary determines the applicant will not meet the timeline pursuant to paragraph (2)(B). (C) Additional program for allocations and reallocations If the Secretary determines that credits under this section are available for further allocation or reallocation, but there is an insufficient quantity of qualifying applications for certification pending at the time of the review, the Secretary is authorized to conduct an additional program for applications for certification. (5) Disclosure of allocations The Secretary shall, upon making a certification under this subsection, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. (e) Denial of double benefit A credit shall not be allowed under this section with respect to any facility if— (1) a credit has been allowed to such facility under section 45 for such taxable year or any prior taxable year, (2) a credit has been allowed with respect to such facility under section 46 by reason of section 48(a) or 48C(a) for such taxable or any preceding taxable year, or (3) a grant has been made with respect to such facility under section 1603 of the American Recovery and Reinvestment Act of 2009. . (c) Conforming amendments (1) Section 49(a)(1)(C) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting , and , and (C) by adding after clause (vi) the following new clause: (vii) the basis of any property which is part of a qualifying offshore wind facility under section 48E. . (2) The table of sections for subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 48D the following new item: 48E. Credit for offshore wind facilities. . (d) Effective date The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

https://www.govinfo.gov/content/pkg/BILLS-113hr924ih/xml/BILLS-113hr924ih.xml

113-hr-925

I 113th CONGRESS 1st Session H. R. 925 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Perry (for himself, Ms. Meng , Mr. Castro of Texas , Mr. Collins of Georgia , Mr. Cook , Mr. Engel , Mr. McCaul , Mr. Meeks , Mr. Radel , Mr. Royce , Mr. Salmon , Mr. Vargas , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Diplomatic Security Act to revise the provisions relating to personnel recommendations of the Accountability Review Board under such Act. 1. Revision of provisions relating to personnel recommendations of Accountability Review Board (a) In general Section 304(c) of the Diplomatic Security Act ( 22 U.S.C. 4834(c) ) is amended— (1) in the matter preceding paragraph (1)— (A) by striking Whenever and inserting If ; and (B) by striking has breached the duty of that individual and inserting has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual, and such misconduct or unsatisfactory performance has significantly contributed to the serious injury, loss of life, or significant destruction of property, or the serious breach of security that is the subject of the Board’s examination as described in subsection (a) ; (2) in paragraph (2), by striking finding each place it appears and inserting findings ; and (3) in the matter following paragraph (3)— (A) by striking has breached a duty of that individual and inserting has unsatisfactorily performed the duties of employment of that individual ; and (B) by inserting of employment after performance of the duties . (b) Effective date The amendments made by subsection (a) shall apply with respect to any case of an Accountability Review Board that is convened under section 301 of the Diplomatic Security Act ( 22 U.S.C. 4831 ) on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr925ih/xml/BILLS-113hr925ih.xml

113-hr-926

I 113th CONGRESS 1st Session H. R. 926 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Petri (for himself, Mr. Duncan of Tennessee , Mr. Jones , and Mr. Grimm ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to permit the Secretary of the Treasury to disclose certain return information related to identity theft, and for other purposes. 1. Short title This Act may be cited as the Social Security Identity Defense Act of 2013 . 2. Disclosure of certain return information with respect to identity theft (a) In general Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23) Disclosure of return information in certain cases of identity theft (A) In general If the Secretary determines that there is a substantial likelihood that there has been a fraudulent use of a social security account number on a statement described in section 6051— (i) the Secretary shall disclose to the holder of such social security account number— (I) that the Secretary has reason to believe that the social security account number of such individual has been fraudulently used in the employment context, (II) that the Secretary has made the disclosure described in clause (ii) to the Director of the Federal Bureau of Investigation with respect to such fraudulent use, and (III) such other information (other than return information) as the Secretary determines, in consultation with Federal Trade Commission, would be helpful and appropriate to provide to a victim of identity theft, and (ii) the Secretary shall disclose to the Director of the Federal Bureau of Investigation— (I) such social security account number, (II) that the Secretary has reason to believe that such social security account number has been fraudulently used in the employment context, and (III) the taxpayer identity information of the holder of such social security account number, the individual believed to have fraudulently used such social security account number, and the employer who made the statement described in section 6051 which included such social security account number. (B) Restriction on disclosure to law enforcement (i) Disclosure to other law enforcement officials The Director of the Federal Bureau of Investigation may disclose information received under subparagraph (A)(ii) to appropriate Federal, State, and local law enforcement officials. (ii) Restriction on use of disclosed information Return information disclosed under subparagraph (A)(ii) may be used by Federal, State, and local law enforcement officials only for purposes of carrying out criminal investigations or prosecutions. . (b) Prevention of use of W–2 statements To carryout identity theft Section 6051 of such Code is amended by adding at the end the following new subsection: (g) Prevention of identity theft Except as otherwise provided by the Secretary, if an employer is notified by the Secretary with respect to any employee that the Secretary has reason to believe that the social security account number included on the statement described in subsection (a) with respect to such employee is not the social security account number of such employee, such employer— (1) shall cease to include such social security account number on statements provided to the employee under subsection (a), but (2) shall continue to include such social security account number on duplicates of such statements provided to the Secretary under subsection (d). . (c) Conforming amendments related to disclosure (1) Confidentiality Paragraph (3) of section 6103(a) of such Code is amended by striking or (21) and inserting (21), or (23) . (2) Procedures and recordkeeping related to disclosures Paragraph (4) of section 6103(p) of such Code is amended by striking or (20) each place it appears and inserting (20), or (23) . (3) Unauthorized disclosure or inspection Paragraph (2) of section 7213(a) of such Code is amended by striking or (21) and inserting (21), or (23) .

https://www.govinfo.gov/content/pkg/BILLS-113hr926ih/xml/BILLS-113hr926ih.xml

113-hr-927

I 113th CONGRESS 1st Session H. R. 927 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Posey (for himself, Ms. Waters , Mr. Westmoreland , and Mr. Jones ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To permit certain current loans that would otherwise be treated as non-accrual loans as accrual loans, and for other purposes. 1. Short title This Act may be cited as the Common Sense Economic Recovery Act of 2013 . 2. Treatment of certain loans (a) In general For purposes of determining capital requirements or measuring capital of an insured depository institution under section 38 of the Federal Deposit Insurance Act (12 U.S.C. 1831o) or any other provision of law or regulatory guidance, an insured depository institution that would otherwise be required to treat a loan as a non-accrual loan may treat such loan as an accrual loan, if— (1) the loan is current; (2) during the previous 6-month period, no monthly payment on the loan has been more than 30 days delinquent; and (3) the payments on the loan are being made pursuant to the contractual terms of the loan agreement and any refinances and modifications that are agreed to by all of the parties. (b) Demonstration of ability To perform on a loan Notwithstanding subsection (a), a modified or restructured loan may not be treated as a non-accrual loan if the borrower demonstrates the ability to perform on such a loan— (1) over a period of 6 months; or (2) with respect to a loan on a quarterly, semi-annual, or longer repayment schedule, over a period of 3 consecutive payments. (c) No additional adverse treatment With respect to a loan held by an insured depository institution and treated as an accrual loan by reason of subsection (a), an appropriate Federal banking agency may not impose any additional accounting requirements on such institution with respect to such loan compared to the requirements that would otherwise have been placed on such institution with respect to such loan if such loan were not being treated as an accrual loan by reason of subsection (a), if the result of such additional requirement would adversely impact the measurement of capital of the institution. (d) Prohibition on the re-Classification of loans based solely on collateral value An appropriate Federal banking agency may not require an insured depository institution to treat a loan as a non-accrual loan solely on the basis that the collateral of such loan has reduced in value. (e) Provisions not applicable to publicly traded institutions This section shall not apply with respect to any issuer of a security registered pursuant to section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ). 3. Study (a) In general The Financial Stability Oversight Council shall conduct a study of how best to prevent contradictory guidance from being issued by appropriate Federal banking agencies to insured depository institutions with respect to loan classifications and capital requirements. (b) Report Not later than the end of the 60-day period beginning on the date of the enactment of this Act, the Financial Stability Oversight Council shall issue a report to the Congress containing— (1) all determinations and conclusions made by the Council in carrying out the study required under subsection (a); and (2) legislative recommendations that the Council believe will prevent contradictory guidance from being issued by appropriate Federal banking agencies to insured depository institutions with respect to loan classifications and capital requirements. 4. Definitions For purposes of this Act: (1) Appropriate Federal banking agency The term appropriate Federal banking agency — (A) has the meaning given such term under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (B) means the National Credit Union Administration Board, in the case of a credit union. (2) Insured depository institution The term insured depository institution means— (A) an insured depository institution, as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (B) a credit union. 5. Sunset Effective after the end of the 2-year period beginning on the date of the enactment of this Act, this Act shall cease to have any force or effect.

https://www.govinfo.gov/content/pkg/BILLS-113hr927ih/xml/BILLS-113hr927ih.xml

113-hr-928

I 113th CONGRESS 1st Session H. R. 928 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Ms. Schakowsky (for herself, Mr. Farr , Ms. Lee of California , Mr. George Miller of California , and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the Medicare Program. 1. Short title This Act may be cited as the Medicare Prescription Drug Savings and Choice Act of 2013 . 2. Establishment of Medicare operated prescription drug plan option (a) In general Subpart 2 of part D of title XVIII of the Social Security Act is amended by inserting after section 1860D–11 ( 42 U.S.C. 1395w–111 ) the following new section: 1860D–11A. Medicare operated prescription drug plan option (a) In general Notwithstanding any other provision of this part, for each year (beginning with 2012), in addition to any plans offered under section 1860D–11, the Secretary shall offer one or more Medicare operated prescription drug plans (as defined in subsection (c)) with a service area that consists of the entire United States and shall enter into negotiations in accordance with subsection (b) with pharmaceutical manufacturers to reduce the purchase cost of covered part D drugs for eligible part D individuals who enroll in such a plan. (b) Negotiations Notwithstanding section 1860D–11(i), for purposes of offering a Medicare operated prescription drug plan under this section, the Secretary shall negotiate with pharmaceutical manufacturers with respect to the purchase price of covered part D drugs in a Medicare operated prescription drug plan and shall encourage the use of more affordable therapeutic equivalents to the extent such practices do not override medical necessity as determined by the prescribing physician. To the extent practicable and consistent with the previous sentence, the Secretary shall implement strategies similar to those used by other Federal purchasers of prescription drugs, and other strategies, including the use of a formulary and formulary incentives in subsection (e), to reduce the purchase cost of covered part D drugs. (c) Medicare operated prescription drug plan defined For purposes of this part, the term Medicare operated prescription drug plan means a prescription drug plan that offers qualified prescription drug coverage and access to negotiated prices described in section 1860D–2(a)(1)(A). Such a plan may offer supplemental prescription drug coverage in the same manner as other qualified prescription drug coverage offered by other prescription drug plans. (d) Monthly beneficiary premium (1) Qualified prescription drug coverage The monthly beneficiary premium for qualified prescription drug coverage and access to negotiated prices described in section 1860D–2(a)(1)(A) to be charged under a Medicare operated prescription drug plan shall be uniform nationally. Such premium for months in 2014 and each succeeding year shall be based on the average monthly per capita actuarial cost of offering the Medicare operated prescription drug plan for the year involved, including administrative expenses. (2) Supplemental prescription drug coverage Insofar as a Medicare operated prescription drug plan offers supplemental prescription drug coverage, the Secretary may adjust the amount of the premium charged under paragraph (1). (e) Use of a formulary and formulary incentives (1) In general With respect to the operation of a Medicare operated prescription drug plan, the Secretary shall establish and apply a formulary (and may include formulary incentives described in paragraph (2)(C)(ii)) in accordance with this subsection in order to— (A) increase patient safety; (B) increase appropriate use and reduce inappropriate use of drugs; and (C) reward value. (2) Development of initial formulary (A) In general In selecting covered part D drugs for inclusion in a formulary, the Secretary shall consider clinical benefit and price. (B) Role of AHRQ The Director of the Agency for Healthcare Research and Quality shall be responsible for assessing the clinical benefit of covered part D drugs and making recommendations to the Secretary regarding which drugs should be included in the formulary. In conducting such assessments and making such recommendations, the Director shall— (i) consider safety concerns including those identified by the Federal Food and Drug Administration; (ii) use available data and evaluations, with priority given to randomized controlled trials, to examine clinical effectiveness, comparative effectiveness, safety, and enhanced compliance with a drug regimen; (iii) use the same classes of drugs developed by United States Pharmacopeia for this part; (iv) consider evaluations made by— (I) the Director under section 1013 of Medicare Prescription Drug, Improvement, and Modernization Act of 2003; (II) other Federal entities, such as the Secretary of Veterans Affairs; and (III) other private and public entities, such as the Drug Effectiveness Review Project and Medicaid programs; and (v) recommend to the Secretary— (I) those drugs in a class that provide a greater clinical benefit, including fewer safety concerns or less risk of side-effects, than another drug in the same class that should be included in the formulary; (II) those drugs in a class that provide less clinical benefit, including greater safety concerns or a greater risk of side-effects, than another drug in the same class that should be excluded from the formulary; and (III) drugs in a class with same or similar clinical benefit for which it would be appropriate for the Secretary to competitively bid (or negotiate) for placement on the formulary. (C) Consideration of AHRQ recommendations (i) In general The Secretary, after taking into consideration the recommendations under subparagraph (B)(v), shall establish a formulary, and formulary incentives, to encourage use of covered part D drugs that— (I) have a lower cost and provide a greater clinical benefit than other drugs; (II) have a lower cost than other drugs with same or similar clinical benefit; and (III) drugs that have the same cost but provide greater clinical benefit than other drugs. (ii) Formulary incentives The formulary incentives under clause (i) may be in the form of one or more of the following: (I) Tiered copayments. (II) Reference pricing. (III) Prior authorization. (IV) Step therapy. (V) Medication therapy management. (VI) Generic drug substitution. (iii) Flexibility In applying such formulary incentives the Secretary may decide not to impose any cost-sharing for a covered part D drug for which— (I) the elimination of cost sharing would be expected to increase compliance with a drug regimen; and (II) compliance would be expected to produce savings under part A or B or both. (3) Limitations on formulary In any formulary established under this subsection, the formulary may not be changed during a year, except— (A) to add a generic version of a covered part D drug that entered the market; (B) to remove such a drug for which a safety problem is found; and (C) to add a drug that the Secretary identifies as a drug which treats a condition for which there has not previously been a treatment option or for which a clear and significant benefit has been demonstrated over other covered part D drugs. (4) Adding drugs to the initial formulary (A) Use of advisory committee The Secretary shall establish and appoint an advisory committee (in this paragraph referred to as the advisory committee )— (i) to review petitions from drug manufacturers, health care provider organizations, patient groups, and other entities for inclusion of a drug in, or other changes to, such formulary; and (ii) to recommend any changes to the formulary established under this subsection. (B) Composition The advisory committee shall be composed of 9 members and shall include representatives of physicians, pharmacists, and consumers and others with expertise in evaluating prescription drugs. The Secretary shall select members based on their knowledge of pharmaceuticals and the Medicare population. Members shall be deemed to be special Government employees for purposes of applying the conflict of interest provisions under section 208 of title 18, United States Code, and no waiver of such provisions for such a member shall be permitted. (C) Consultation The advisory committee shall consult, as necessary, with physicians who are specialists in treating the disease for which a drug is being considered. (D) Request for studies The advisory committee may request the Agency for Healthcare Research and Quality or an academic or research institution to study and make a report on a petition described in subparagraph (A)(ii) in order to assess— (i) clinical effectiveness; (ii) comparative effectiveness; (iii) safety; and (iv) enhanced compliance with a drug regimen. (E) Recommendations The advisory committee shall make recommendations to the Secretary regarding— (i) whether a covered part D drug is found to provide a greater clinical benefit, including fewer safety concerns or less risk of side-effects, than another drug in the same class that is currently included in the formulary and should be included in the formulary; (ii) whether a covered part D drug is found to provide less clinical benefit, including greater safety concerns or a greater risk of side-effects, than another drug in the same class that is currently included in the formulary and should not be included in the formulary; and (iii) whether a covered part D drug has the same or similar clinical benefit to a drug in the same class that is currently included in the formulary and whether the drug should be included in the formulary. (F) Limitations on review of manufacturer petitions The advisory committee shall not review a petition of a drug manufacturer under subparagraph (A)(ii) with respect to a covered part D drug unless the petition is accompanied by the following: (i) Raw data from clinical trials on the safety and effectiveness of the drug. (ii) Any data from clinical trials conducted using active controls on the drug or drugs that are the current standard of care. (iii) Any available data on comparative effectiveness of the drug. (iv) Any other information the Secretary requires for the advisory committee to complete its review. (G) Response to recommendations The Secretary shall review the recommendations of the advisory committee and if the Secretary accepts such recommendations the Secretary shall modify the formulary established under this subsection accordingly. Nothing in this section shall preclude the Secretary from adding to the formulary a drug for which the Director of the Agency for Healthcare Research and Quality or the advisory committee has not made a recommendation. (H) Notice of changes The Secretary shall provide timely notice to beneficiaries and health professionals about changes to the formulary or formulary incentives. (f) Informing beneficiaries The Secretary shall take steps to inform beneficiaries about the availability of a Medicare operated drug plan or plans including providing information in the annual handbook distributed to all beneficiaries and adding information to the official public Medicare Web site related to prescription drug coverage available through this part. (g) Application of all other requirements for prescription drug plans Except as specifically provided in this section, any Medicare operated drug plan shall meet the same requirements as apply to any other prescription drug plan, including the requirements of section 1860D–4(b)(1) relating to assuring pharmacy access). . (b) Conforming amendments (1) Section 1860D–3(a) of the Social Security Act (42 U.S.C. 1395w–103(a)) is amended by adding at the end the following new paragraph: (4) Availability of the medicare operated prescription drug plan A Medicare operated prescription drug plan (as defined in section 1860D–11A(c)) shall be offered nationally in accordance with section 1860D–11A. . (2) (A) Section 1860D–3 of the Social Security Act ( 42 U.S.C. 1395w–103 ) is amended by adding at the end the following new subsection: (c) Provisions only applicable in 2006 through 2013 The provisions of this section shall only apply with respect to 2006 through 2013. . (B) Section 1860D–11(g) of such Act (42 U.S.C. 1395w–111(g)) is amended by adding at the end the following new paragraph: (8) No authority for fallback plans after 2013 A fallback prescription drug plan shall not be available after December 31, 2013. . (3) Section 1860D–13(c)(3) of the Social Security Act ( 42 U.S.C. 1395w–113(c)(3) ) is amended— (A) in the heading, by inserting and Medicare operated prescription drug plans after Fallback plans ; and (B) by inserting or a Medicare operated prescription drug plan after a fallback prescription drug plan . (4) Section 1860D–16(b)(1) of the Social Security Act (42 U.S.C.1395w–116(b)(1)) is amended— (A) in subparagraph (C), by striking and after the semicolon at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (E) payments for expenses incurred with respect to the operation of Medicare operated prescription drug plans under section 1860D–11A. . (5) Section 1860D–41(a) of the Social Security Act ( 42 U.S.C. 1395w–151(a) ) is amended by adding at the end the following new paragraph: (19) Medicare operated prescription drug plan The term Medicare operated prescription drug plan has the meaning given such term in section 1860D–11A(c). . 3. Improved appeals process under the Medicare operated prescription drug plan Section 1860D–4(h) of the Social Security Act ( 42 U.S.C. 1305w–104(h) ) is amended by adding at the end the following new paragraph: (4) Appeals process for Medicare operated prescription drug plan (A) In general The Secretary shall develop a well-defined process for appeals for denials of benefits under this part under the Medicare operated prescription drug plan. Such process shall be efficient, impose minimal administrative burdens, and ensure the timely procurement of non-formulary drugs or exemption from formulary incentives when medically necessary. Medical necessity shall be based on professional medical judgment, the medical condition of the beneficiary, and other medical evidence. Such appeals process shall include— (i) an initial review and determination made by the Secretary; and (ii) for appeals denied during the initial review and determination, the option of an external review and determination by an independent entity selected by the Secretary. (B) Consultation in development of process In developing the appeals process under subparagraph (A), the Secretary shall consult with consumer and patient groups, as well as other key stakeholders to ensure the goals described in subparagraph (A) are achieved. .

https://www.govinfo.gov/content/pkg/BILLS-113hr928ih/xml/BILLS-113hr928ih.xml

113-hr-929

I 113th CONGRESS 1st Session H. R. 929 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Ms. Schakowsky introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide Federal contracting preferences for, and a reduction in the rate of income tax imposed on, Patriot corporations, and for other purposes. 1. Short title This Act may be cited as the Patriot Corporations of America Act of 2013 . 2. Federal contracting preference for Patriot corporations After December 31, 2013, in the evaluation of bids or proposals for a contract for the procurement of goods or services, the Federal Government shall provide a preference to any entity that is a Patriot corporation (as defined in section 11(e) of the Internal Revenue Code of 1986, as added by section 3 of this Act), unless the award of the contract to such entity would jeopardize the national security interests of the United States. 3. Reduction in rate of income tax for Patriot corporations (a) In general Section 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Patriot corporations (1) Rate reduction for Patriot corporations In the case of a Patriot corporation, the amount of the tax imposed under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount equal to 5 percent of the taxable income of such corporation. (2) Patriot corporation defined For purposes of this subsection— (A) In general The term Patriot corporation means, with respect to any taxable year, any corporation which is certified by the Secretary as meeting the requirements of subparagraph (B) for such taxable and the preceding taxable year. (B) Requirements A corporation meets the requirements of this subparagraph, with respect to any taxable year, if such corporation— (i) produces in the United States at least 90 percent of the goods and services sold by such corporation during such taxable year, (ii) does not provide compensation to any management personnel of such corporation at a level of compensation which exceeds 10,000 percent of the level of compensation of the full-time employee of such corporation with the lowest level of compensation during such taxable year, (iii) conducts at least 50 percent of the research and development conducted by such corporation during such taxable year (determined on the basis of cost) in the United States, (iv) has contributed at least 5 percent of wages paid by the corporation during the taxable year to a portable pension fund for the benefit of employees of the corporation, (v) has paid at least 70 percent of the cost of a standardized health insurance plan for the benefit of employees of the corporation during such taxable year, (vi) has maintained at all times during such taxable year neutrality in employee organizing drives and has in effect a policy to that effect, (vii) provides full differential salary and insurance benefits for all National Guard and Reserve employees who are called to active duty, (viii) has not been (at any time during such taxable year) in violation of appropriate Federal regulations including those related to the environment, workplace safety, labor relations, and consumer protections, as determined by the Secretary, and (ix) has not been in violation of any other regulations specified by the Secretary. (C) Certification process Not later than 90 days after the date of the enactment of this subsection, the Secretary shall establish an application and certification process to annually certify corporations as Patriot corporations. Such certifications shall be made at such time and on the basis of such materials as the Secretary determines appropriate. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. (c) Certification allowed for year preceding effective date of rate reduction For purposes of section 11(e) of the Internal Revenue Code of 1986, as added by this section, the Secretary may certify a corporation as a Patriot corporation for the last taxable year of the corporation beginning on or before December 31, 2013, if the corporation meets the requirements of paragraph (2)(B) of such section for such taxable year. 4. Tax avoidance foreign corporations subject to United States income tax (a) In general Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: (4) Domestic (A) In general Except as provided in subparagraph (B), the term domestic when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. (B) Tax avoidance foreign corporations treated as domestic Any corporation which would (but for this subparagraph) be treated as a foreign corporation shall be treated as a domestic corporation if the Secretary determines that such corporation was created or organized as a foreign corporation (instead of as a domestic corporation) principally for the purpose of avoiding being treated as a domestic corporation under this title. . (b) Effective dates The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr929ih/xml/BILLS-113hr929ih.xml

113-hr-930

I 113th CONGRESS 1st Session H. R. 930 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Schock (for himself, Mr. Clay , Mr. Meeks , Mr. Quigley , Mr. Kinzinger of Illinois , Mr. Rodney Davis of Illinois , Mr. Carson of Indiana , and Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to conduct a special resource study of the archeological site and surrounding land of the New Philadelphia town site in the State of Illinois, and for other purposes. 1. Short title This Act may be cited as the New Philadelphia, Illinois, Study Act . 2. Findings Congress finds that— (1) Frank McWorter, an enslaved man, bought his freedom and the freedom of 15 family members by mining for crude niter in Kentucky caves and processing the mined material into saltpeter; (2) New Philadelphia, founded in 1836 by Frank McWorter, was the first town planned and legally registered by a free African-American before the Civil War; (3) the first railroad constructed in the area of New Philadelphia bypassed New Philadelphia, which led to the decline of New Philadelphia; and (4) the New Philadelphia site— (A) is a registered National Historic Landmark; (B) is covered by farmland; and (C) does not contain any original buildings of the town or the McWorter farm and home that are visible above ground. 3. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Study Area The term Study Area means the New Philadelphia archeological site and the surrounding land in the State of Illinois. 4. Special resource study (a) Study The Secretary shall conduct a special resource study of the Study Area. (b) Contents In conducting the study under subsection (a), the Secretary shall— (1) evaluate the national significance of the Study Area; (2) determine the suitability and feasibility of designating the Study Area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the Study Area by— (A) Federal, State, or local governmental entities; or (B) private and nonprofit organizations; (4) consult with— (A) interested Federal, State, or local governmental entities; (B) private and nonprofit organizations; or (C) any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives considered under paragraph (3). (c) Applicable law The study required under subsection (a) shall be conducted in accordance with section 8 of Public Law 91–383 ( 16 U.S.C. 1a–5 ). (d) Report Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing— (1) the results of the study; and (2) any conclusions and recommendations of the Secretary.

https://www.govinfo.gov/content/pkg/BILLS-113hr930ih/xml/BILLS-113hr930ih.xml

113-hr-931

I 113th CONGRESS 1st Session H. R. 931 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Schrader introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the addition of certain real property to the reservation of the Siletz Tribe in the State of Oregon. 1. Treatment of certain property of the Siletz tribe of the State of Oregon Section 7 of the Siletz Tribe Indian Restoration Act ( 25 U.S.C. 711e ) is amended by adding at the end the following: (f) Treatment of certain property (1) In general (A) Title The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1855 Siletz Coast Reservation established by Executive Order dated November 9, 1855, comprised of land within the political boundaries of Benton, Douglas, Lane, Lincoln, Tillamook, and Yamhill Counties in the State of Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the tribe. (B) Trust Land to which title is accepted by the Secretary under this paragraph shall be held in trust by the United States for the benefit of the tribe. (2) Treatment as part of reservation All real property that is taken into trust under paragraph (1) shall— (A) be considered and evaluated as an on-reservation acquisition under part 151.10 of title 25, Code of Federal Regulations (or successor regulations); and (B) become part of the reservation of the tribe. (3) Prohibition on gaming Any real property taken into trust under paragraph (1) shall not be eligible, or used, for any gaming activity carried out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). .

https://www.govinfo.gov/content/pkg/BILLS-113hr931ih/xml/BILLS-113hr931ih.xml

113-hr-932

I 113th CONGRESS 1st Session H. R. 932 IN THE HOUSE OF REPRESENTATIVES February 28, 2013 Mr. Thompson of California (for himself, Ms. Ros-Lehtinen , Ms. Lee of California , Mrs. Napolitano , Ms. Roybal-Allard , and Ms. Linda T. Sánchez of California ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to protect the well-being of soldiers and their families, and for other purposes. 1. Short title This Act may be cited as the Support and Defend Our Military Personnel and Their Families Act . 2. Facilitating naturalization for military personnel (a) In General Any person who has served honorably as a member of the Armed Forces of the United States in support of a contingency operation (as defined in section 101(a)(13) of title 10, United States Code), and who, if separated from the Armed Forces, was separated under honorable conditions, may be naturalized as provided in section 329 of the Immigration and Nationality Act ( 8 U.S.C. 1440 ) as though the person had served during a period designated by the President under such section. (b) Naturalization Through Service in the Armed Forces of the United States Section 328 of the Immigration and Nationality Act ( 8 U.S.C. 1439 ) is amended— (1) in subsection (a), by striking six months and inserting one year ; and (2) in subsection (d), by striking six months and inserting one year . 3. Timely reunification of military personnel and their nuclear families Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (F) Aliens who are eligible for an immigrant visa under paragraph (2) of section 203(a) and are the spouse, child, son, or daughter of an alien who is serving in the Armed Forces of the United States. . 4. Relief for immediate family members of active duty personnel Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) is amended by adding at the end the following: (n) Relief for immediate family members of active duty personnel (1) In General The Secretary of Homeland Security may adjust the status of an alien described in paragraph (2) to that of an alien lawfully admitted for permanent residence if— (A) the alien makes an application for such adjustment, and is physically present in the United States on the date the application is filed; (B) the alien is eligible to receive an immigrant visa and is admissible under section 212(a) (except that paragraphs (4), (6)(A), (7)(A), and (9)(B) of such section shall not apply for purposes of this subsection); (C) an immigrant visa is immediately available to the alien at the time the application is filed; and (D) the alien pays a fee, as determined by the Secretary, for the processing of such application. (2) Eligible Aliens (A) In general The benefits provided in paragraph (1) shall apply only to an alien who is a parent, spouse, child, son, daughter, or minor sibling of an eligible member of the Armed Forces. (B) Posthumous benefits An alien described in subparagraph (A) shall continue to be eligible for adjustment under this subsection for 2 years after the death of an eligible member of the Armed Forces whose death was the result of injury or disease incurred in or aggravated by his or her service in the Armed Forces or, if such death occurred prior to the date of enactment of this paragraph, for 2 years after such date of enactment. (3) Eligible Members of the Armed Forces In this subsection, eligible member of the Armed Forces means any person who— (A) has served honorably in an active duty status in the Armed Forces of the United States; and (B) if separated from the service described in subparagraph (A), was separated under honorable conditions. . 5. Factors to consider in initiating removal proceedings against active duty military personnel and veterans Section 239 of the Immigration and Nationality Act ( 8 U.S.C. 1229 ) is amended by adding at the end the following: (f) Considerations for active duty military personnel and veterans (1) A notice to appear shall not be issued against an alien who has served honorably at any time in the Armed Forces of the United States, and who, if separated from the Armed Forces, separated under honorable conditions, without prior approval from the Secretary of Homeland Security. (2) In determining whether to issue a notice to appear against such an alien, the Secretary shall consider the alien’s eligibility for naturalization under section 328 or 329, as well as the alien’s record of military service, grounds of deportability applicable to the alien, and any hardship to the Armed Forces, the alien, and his or her family if the alien were to be placed in removal proceedings. (3) An alien who has served honorably in the Armed Forces of the United States, and who, if separated from the Armed Forces, separated under honorable conditions, shall not be removed from the United States under subparagraph (A)(i) or (B)(iii) of section 235(b)(1), section 238, or section 241(a)(5). .

https://www.govinfo.gov/content/pkg/BILLS-113hr932ih/xml/BILLS-113hr932ih.xml

113-hr-933

113th CONGRESS 1st Session H.R. 933 In the Senate of the United States, March 20, 2013. Amendments: That the bill from the House of Representatives (H.R. 933) entitled An Act making appropriations for the Department of Defense, the Department of Veterans Affairs, and other departments and agencies for the fiscal year ending September 30, 2013, and for other purposes. , do pass with the following Strike all after the enacting clause, and insert in lieu thereof: 1. Short title This Act may be cited as the Consolidated and Further Continuing Appropriations Act, 2013 . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Explanatory statement. Sec. 5. Availability of funds. Division A—Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2013 Title I—Agricultural Programs Title II—Conservation Programs Title III—Rural Development Programs Title IV—Domestic Food Programs Title V—Foreign Assistance and Related Programs Title VI—Related Agency and Food and Drug Administration Title VII—General provisions Division B—Commerce, justice, science, and related agencies appropriations act, 2013 Title I—Department of Commerce Title II—Department of Justice Title III—Science Title IV—Related agencies Title V—General provisions Division C—Department of Defense appropriations act, 2013 Title I—Military Personnel Title II—Operation and Maintenance Title III—Procurement Title IV—Research, Development, Test and Evaluation Title V—Revolving and Management Funds Title VI—Other Department of Defense Programs Title VII—Related agencies Title VIII—General provisions Title IX—Overseas contingency operations Division D—Department of Homeland Security Appropriations Act, 2013 Title I—Departmental management and operations Title II—Security, enforcement, and investigations Title III—Protection, preparedness, response, and recovery Title IV—Research and development, training, and services Title V—General provisions Division E—Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2013 Title I—Department of Defense Title II—Department of Veterans Affairs Title III—Related agencies Title IV—Overseas contingency operations Title V—General provisions Division F—Further Continuing Appropriations Act, 2013 Title I—General Provisions Title II—Energy and Water Development Title III—Financial Services and General Government Title IV—Interior, Environment, and Related Agencies Title V—Labor, Health and Human Services, and Education, and Related Agencies Title VI—Legislative Branch Title VII—Department of State, Foreign Operations, and Related Programs Title VIII—Transportation and Housing and Urban Development, and Related Agencies Division G—Other Matters 3. References Except as expressly provided otherwise, any reference to this Act contained in division A, B, C, D, or E of this Act shall be treated as referring only to the provisions of that division. 4. Explanatory Statement The explanatory statement regarding this Act printed in the Senate section of the Congressional Record on or about March 11, 2013, by the Chairwoman of the Committee on Appropriations of the Senate shall have the same effect with respect to the allocation of funds and implementation of this Act as if it were a joint explanatory statement of a committee of conference. 5. Availability of funds Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. A Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2013 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2013, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs and for other purposes, namely: I AGRICULTURAL PROGRAMS Production, Processing and Marketing Office of the Secretary (including transfers of funds) For necessary expenses of the Office of the Secretary, $46,388,000, of which not to exceed $5,051,000 shall be available for the immediate Office of the Secretary; not to exceed $498,000 shall be available for the Office of Tribal Relations; not to exceed $1,496,000 shall be available for the Office of Homeland Security and Emergency Coordination; not to exceed $1,422,000 shall be available for the Office of Advocacy and Outreach; not to exceed $25,046,000 shall be available for the Office of the Assistant Secretary for Administration, of which $24,242,000 shall be available for Departmental Administration to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department; not to exceed $3,869,000 shall be available for the Office of Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and not to exceed $9,006,000 shall be available for the Office of Communications: Provided , That the Secretary of Agriculture is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further , That no appropriation for any office shall be increased or decreased by more than 5 percent: Provided further , That not to exceed $11,000 of the amount made available under this paragraph for the immediate Office of the Secretary shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary: Provided further , That the amount made available under this heading for Departmental Administration shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551–558: Provided further , That funds made available under this heading for the Office of Assistant Secretary for Congressional Relations may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level: Provided further , That no funds made available under this heading for the Office of Assistant Secretary for Congressional Relations may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency. Executive operations Office of the chief economist For necessary expenses of the Office of the Chief Economist, $16,008,000, of which $4,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155 and shall be obligated within 90 days of the enactment of this Act. national appeals division For necessary expenses of the National Appeals Division, $14,225,000. Office of budget and program analysis For necessary expenses of the Office of Budget and Program Analysis, $9,049,000. Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, $44,031,000. Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, $6,247,000: Provided , That no funds made available by this appropriation may be obligated for FAIR Act or Circular A–76 activities until the Secretary has submitted to the Committees on Appropriations of both Houses of Congress and the Committee on Oversight and Government Reform of the House of Representatives a report on the Department's contracting out policies, including agency budgets for contracting out. Office of the assistant secretary for civil rights For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $893,000. Office of civil rights For necessary expenses of the Office of Civil Rights, $22,692,000. Agriculture buildings and facilities and rental payments (including transfers of funds) For payment of space rental and related costs pursuant to Public Law 92–313 , including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the Department of Agriculture under 40 U.S.C. 486 , for programs and activities of the Department which are included in this Act, and for alterations and other actions needed for the Department and its agencies to consolidate unneeded space into configurations suitable for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $271,336,000, to remain available until expended, of which $175,694,000 shall be available for payments to the General Services Administration for rent; of which $13,473,000 is for payments to the Department of Homeland Security for building security activities; and of which $82,169,000 is for buildings operations and maintenance expenses: Provided , That the Secretary may use unobligated prior year balances of an agency or office that are no longer available for new obligation to cover shortfalls incurred in prior year rental payments for such agency or office: Provided further , That the Secretary is authorized to transfer funds from a Departmental agency to this account to recover the full cost of the space and security expenses of that agency that are funded by this account when the actual costs exceed the agency estimate which will be available for the activities and payments described herein. Hazardous materials management (including transfers of funds) For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and Recovery Act ( 42 U.S.C. 6901 et seq. ), $3,992,000, to remain available until expended: Provided , That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands. Office of inspector general For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978, $89,016,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97–98. Office of the general counsel For necessary expenses of the Office of the General Counsel, $45,074,000. Office of Ethics For necessary expenses of the Office of Ethics, $3,405,000. Office of the under secretary for research, education and economics For necessary expenses of the Office of the Under Secretary for Research, Education and Economics, $893,000. Economic research service For necessary expenses of the Economic Research Service, $77,397,000. National agricultural statistics service For necessary expenses of the National Agricultural Statistics Service, $179,477,000, of which up to $62,500,000 shall be available until expended for the Census of Agriculture. Agricultural research service Salaries and expenses For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,101,853,000: Provided , That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further , That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $375,000, except for headhouses or greenhouses which shall each be limited to $1,200,000, and except for 10 buildings to be constructed or improved at a cost not to exceed $750,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $375,000, whichever is greater: Provided further , That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further , That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further , That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 ( 21 U.S.C. 113a ): Provided further, That appropriations hereunder shall be available for granting easements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States: Provided further , That section 732(b) of division A of Public Law 112–55 (125 Stat. 587) is amended by adding at the end the following new sentence: The conveyance authority provided by this subsection expires September 30, 2013, and all conveyances under this subsection must be completed by that date. : Provided further , That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law. National institute of food and agriculture Research and education activities For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $738,638,000, which shall be for the purposes, and in the amounts, specified in the table titled “National Institute of Food and Agriculture, Research and Education Activities” in the report accompanying this Act: Provided , That funds for research grants for 1994 institutions, education grants for 1890 institutions, capacity building for non-land-grant colleges of agriculture, the agriculture and food research initiative, Critical Agricultural Materials Act, veterinary medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, and grants management systems shall remain available until expended: Provided further, That each institution eligible to receive funds under the Evans-Allen program receives no less than $1,000,000: Provided further, That funds for education grants for Alaska Native and Native Hawaiian-serving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally to each of the States of Alaska and Hawaii: Provided further, That funds for education grants for 1890 institutions shall be made available to institutions eligible to receive funds under 7 U.S.C. 3221 and 3222. Native american institutions endowment fund For the Native American Institutions Endowment Fund authorized by Public Law 103–382 ( 7 U.S.C. 301 note), $11,880,000, to remain available until expended. Extension activities For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $475,854,000, which shall be for the purposes, and in the amounts, specified in the table titled “National Institute of Food and Agriculture, Extension Activities” in the report accompanying this Act: Provided , That funds for facility improvements at 1890 institutions shall remain available until expended: Provided further, That institutions eligible to receive funds under 7 U.S.C. 3221 for cooperative extension receive no less than $1,000,000: Provided further , That funds for cooperative extension under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93–471 shall be available for retirement and employees’ compensation costs for extension agents. Integrated activities For the integrated research, education, and extension grants programs, including necessary administrative expenses, $21,482,000, which shall be for the purposes, and in the amounts, specified in the table titled “National Institute of Food and Agriculture, Integrated Activities” in the report accompanying this Act: Provided , That funds for the Food and Agriculture Defense Initiative shall remain available until September 30, 2014. Office of the under secretary for marketing and regulatory programs For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $893,000. Animal and plant health inspection service Salaries and expenses (including transfers of funds) For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 ( 22 U.S.C. 4085 ), $821,851,000, of which $1,500,000, to remain available until expended, shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds ( contingency fund ) to the extent necessary to meet emergency conditions; of which $15,970,000, to remain available until expended, shall be used for the cotton pests program for cost share purposes or for debt retirement for active eradication zones; of which $36,858,000, to remain available until expended, shall be for Animal Health Technical Services; of which $696,000 shall be for activities under the authority of the Horse Protection Act of 1970, as amended ( 15 U.S.C. 1831 ); of which $52,000,000, to remain available until expended, shall be used to support avian health; of which $4,335,000, to remain available until expended, shall be for information technology infrastructure; of which $153,950,000, to remain available until expended, shall be for specialty crop pests; of which, $9,068,000, to remain available until expended, shall be for field crop and rangeland ecosystem pests; of which $56,638,000, to remain available until expended, shall be for tree and wood pests; of which $2,750,000, to remain available until expended, shall be for the National Veterinary Stockpile; of which up to $1,500,000, to remain available until expended, shall be for the scrapie program for indemnities; of which $1,500,000, to remain available until expended, shall be for the wildlife damage management program for aviation safety: Provided , That of amounts available under this heading for wildlife services methods development, $1,000,000 shall remain available until expended: Provided further , That of amounts available under this heading for the screwworm program, $4,971,000 shall remain available until expended: Provided further, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent: Provided further , That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only: Provided further , That in addition, in emergencies which threaten any segment of the agricultural production industry of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts: Provided further , That appropriations hereunder shall be available pursuant to law ( 7 U.S.C. 2250 ) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. In fiscal year 2013, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. Buildings and facilities For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250 , and acquisition of land as authorized by 7 U.S.C. 428a , $3,175,000, to remain available until expended. Agricultural marketing service Marketing services For necessary expenses of the Agricultural Marketing Service, $78,863,000: Provided , That this appropriation shall be available pursuant to law ( 7 U.S.C. 2250 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701). Limitation on administrative expenses Not to exceed $62,592,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided , That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. Funds for strengthening markets, income, and supply (section 32) (including transfers of funds) Funds available under section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c ), shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for: (1) transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in this Act; and (3) not more than $20,056,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 1961. Payments to states and possessions For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1623(b) ), $1,331,000. Grain inspection, packers and stockyards administration Salaries and expenses For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $40,261,000: Provided , That this appropriation shall be available pursuant to law ( 7 U.S.C. 2250 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Limitation on inspection and weighing services expenses Not to exceed $50,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided , That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. Office of the under secretary for food safety For necessary expenses of the Office of the Under Secretary for Food Safety, $811,000. Food safety and inspection service For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $50,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 ), $1,001,427,000; and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided , That funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided further , That no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2013 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act: Provided further , That the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110–246: Provided further , That this appropriation shall be available pursuant to law ( 7 U.S.C. 2250 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Office of the under secretary for farm and foreign agricultural services For necessary expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services, $893,000. Farm service agency Salaries and expenses (including transfers of funds) For necessary expenses of the Farm Service Agency, $1,208,290,000: Provided , That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further , That other funds made available to the Agency for authorized activities may be advanced to and merged with this account: Provided further , That funds made available to county committees shall remain available until expended. State mediation grants For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended ( 7 U.S.C. 5101–5106 ), $4,369,000. Grassroots source water protection program For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–2 ), $5,500,000, to remain available until expended. Dairy indemnity program (including transfer of funds) For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided , That such program is carried out by the Secretary in the same manner as the dairy indemnity program described in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 ( Public Law 106–387 , 114 Stat. 1549A–12). Agricultural Credit Insurance Fund Program Account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating ( 7 U.S.C. 1941 et seq. ) loans, emergency loans (7 U.S.C. 1961 et seq.), Indian tribe land acquisition loans ( 25 U.S.C. 488 ), boll weevil loans ( 7 U.S.C. 1989 ), guaranteed conservation loans ( 7 U.S.C. 1924 et seq. ), and Indian highly fractionated land loans ( 25 U.S.C. 488 ) to be available from funds in the Agricultural Credit Insurance Fund, as follows: $1,500,000,000 for guaranteed farm ownership loans and $475,000,000 for farm ownership direct loans; $1,500,000,000 for unsubsidized guaranteed operating loans and $1,050,090,000 for direct operating loans; emergency loans, $34,658,000; Indian tribe land acquisition loans, $2,000,000; guaranteed conservation loans, $150,000,000; Indian highly fractionated land loans, $10,000,000; and for boll weevil eradication program loans, $100,000,000: Provided , That the Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans. For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership, $20,140,000 for direct loans; farm operating loans, $58,490,000 for direct operating loans, $17,850,000 for unsubsidized guaranteed operating loans, emergency loans, $1,317,000, to remain available until expended; and Indian highly fractionated land loans, $173,000. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $312,897,000, of which $304,977,000 shall be transferred to and merged with the appropriation for Farm Service Agency, Salaries and Expenses . Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided , That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer. Risk management agency For necessary expenses of the Risk Management Agency, $74,900,000: Provided , That the funds made available under section 522(e) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(e) ) may be used for the Common Information Management System: Provided further, That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i) . Corporations The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. Federal crop insurance corporation fund For payments as authorized by section 516 of the Federal Crop Insurance Act ( 7 U.S.C. 1516 ), such sums as may be necessary, to remain available until expended. Commodity credit corporation fund Reimbursement for net realized losses (including transfers of funds) For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 ( 15 U.S.C. 713a–11 ): Provided , That of the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i ) for the conduct of its business with the Foreign Agricultural Service, up to $5,000,000 may be transferred to and used by the Foreign Agricultural Service for information resource management activities of the Foreign Agricultural Service that are not related to Commodity Credit Corporation business. Hazardous waste management (limitation on expenses) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9607(g) ), and section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 6961). II Conservation programs Office of the under secretary for natural resources and environment For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $893,000. Natural resources conservation service Conservation operations For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 ( 7 U.S.C. 428a ); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $830,998,000, to remain available until September 30, 2014: Provided , That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not exceed $250,000: Provided further , That when buildings or other structures are erected on non-Federal land, that the right to use such land is obtained as provided in 7 U.S.C. 2250a. Watershed Rehabilitation Program Under the authorities of section 14 of the Watershed Protection and Flood Prevention Act, $14,700,000 is provided. III Rural development programs Office of the under secretary for rural development For necessary expenses of the Office of the Under Secretary for Rural Development, $893,000. Rural development salaries and expenses (including transfers of funds) For necessary expenses for carrying out the administration and implementation of programs in the Rural Development mission area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $206,857,000: Provided , That notwithstanding any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that support the Rural Development mission area: Provided further , That any balances available from prior years for the Rural Utilities Service, Rural Housing Service, and the Rural Business—Cooperative Service salaries and expenses accounts shall be transferred to and merged with this appropriation. Rural housing service Rural housing insurance fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $900,000,000 shall be for direct loans and $24,000,000,000 shall be for unsubsidized guaranteed loans; $27,952,000 for section 504 housing repair loans; $31,277,000 for section 515 rental housing; $150,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; and $5,000,000 for section 523 self-help housing land development loans. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $53,730,000 shall be for direct loans; section 504 housing repair loans, $3,821,000; and repair, rehabilitation, and new construction of section 515 rental housing, $11,000,000: Provided , That to support the loan program level for section 538 guaranteed loans made available under this heading the Secretary may charge or adjust any fees to cover the projected cost of such loan guarantees pursuant to the provisions of the Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), and the interest on such loans may not be subsidized: Provided further , That applicants in communities that have a current rural area waiver under section 541 of the Housing Act of 1949 ( 42 U.S.C. 1490q ) shall be treated as living in a rural area for purposes of section 502 guaranteed loans provided under this heading: Provided further, That of the total amount appropriated in this paragraph, the amount equal to the amount of Rural Housing Insurance Fund Program Account funds allocated by the Secretary for Rural Economic Area Partnership Zones for the fiscal year 2012, shall be available through June 30, 2013, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones: Provided further , That of the amounts available under this paragraph for section 502 direct loans, no less than $5,000,000 shall be available for direct loans for individuals whose homes will be built pursuant to a program funded with a mutual and self help housing grant authorized by section 523 of the Housing Act of 1949 until June 1, 2013. In addition, for the cost of direct loans, grants, and contracts, as authorized by 42 U.S.C. 1484 and 1486, $16,526,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing grants and contracts: Provided , That any balances available for the Farm Labor Program Account shall be transferred to and merged with this account. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $410,627,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses . Rental assistance program For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $907,128,000; and, in addition, such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided , That of this amount not less than $3,000,000 is available for newly constructed units financed under sections 514 and 516 of the Housing Act of 1949: Provided further , That rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a 1-year period: Provided further , That any unexpended balances remaining at the end of such 1-year agreements may be transferred and used for the purposes of any debt reduction; maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further , That rental assistance provided under agreements entered into prior to fiscal year 2013 for a farm labor multi-family housing project financed under section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of tenants seeking such assistance or the project has rental assistance eligible tenants who are not receiving such assistance: Provided further , That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act. Multi-family housing revitalization program account For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $27,782,000, to remain available until expended: Provided , That of the funds made available under this heading, $10,000,000, shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid after September 30, 2005: Provided further , That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further , That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further , That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development: Provided further , That if the Secretary determines that the amount made available for vouchers in this or any other Act is not needed for vouchers, the Secretary may use such funds for the demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph: Provided further , That of the funds made available under this heading, $17,782,000 shall be available for a demonstration program for the preservation and revitalization of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers including reducing or eliminating interest; deferring loan payments, subordinating, reducing or reamortizing loan debt; and other financial assistance including advances, payments and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided further , That the Secretary shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restructuring: Provided further , That if the Secretary determines that additional funds for vouchers described in this paragraph are needed, funds for the preservation and revitalization demonstration program may be used for such vouchers: Provided further , That if Congress enacts legislation to permanently authorize a multi-family rental housing loan restructuring program similar to the demonstration program described herein, the Secretary may use funds made available for the demonstration program under this heading to carry out such legislation with the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further , That in addition to any other available funds, the Secretary may expend not more than $1,000,000 total, from the program funds made available under this heading, for administrative expenses for activities funded under this heading. Mutual and self-help housing grants For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain available until expended: Provided , That of the total amount appropriated under this heading, the amount equal to the amount of Mutual and Self-Help Grants allocated by the Secretary for Rural Economic Area Partnership Zones for the fiscal year 2012, shall be available through June 30, 2013, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. Rural housing assistance grants For grants for very low-income housing repair and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474 , and 1490m, $33,136,000, to remain available until expended: Provided , That of the total amount appropriated under this heading, the amount equal to the amount of Rural Housing Assistance Grants allocated by the Secretary for Rural Economic Area Partnership Zones for the fiscal year 2012, shall be available through June 30, 2013, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. Rural community facilities program account (including transfers of funds) For gross obligations for the principal amount of direct loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $2,200,000,000 for direct loans and $57,481,000 for guaranteed loans. For the cost of guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $3,880,000, to remain available until expended. For the cost of grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $28,428,000, to remain available until expended: Provided , That $6,121,000 of the amount appropriated under this heading shall be available for a Rural Community Development Initiative: Provided further , That such funds shall be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further , That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further , That such intermediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further , That $5,938,000 of the amount appropriated under this heading shall be to provide grants for facilities in rural communities with extreme unemployment and severe economic depression ( Public Law 106–387 ), with up to 5 percent for administration and capacity building in the State rural development offices: Provided further , That $3,369,000 of the amount appropriated under this heading shall be available for community facilities grants to tribal colleges, as authorized by section 306(a)(19) of such Act: Provided further, That of the total amount appropriated under this heading, the amount equal to the amount of Rural Community Facilities Program Account funds allocated by the Secretary for Rural Economic Area Partnership Zones for the fiscal year 2012, shall be available through June 30, 2013, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones: Provided further , That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. Rural business—Cooperative service Rural business program account (including transfers of funds) For the cost of loan guarantees and grants, for the rural business development programs authorized by sections 306 and 310B and described in subsections (f) and (g) of section 310B and section 381E(d)(3) of the Consolidated Farm and Rural Development Act, $85,904,000, to remain available until expended: Provided , That of the amount appropriated under this heading, not to exceed $1,000,000 shall be made available for two grants to qualified national organizations to provide technical assistance for rural transportation in order to promote economic development and $3,000,000 shall be for grants to the Delta Regional Authority ( 7 U.S.C. 2009aa et seq. ) for any Rural Community Advancement Program purpose as described in section 381E(d) of the Consolidated Farm and Rural Development Act, of which not more than 5 percent may be used for administrative expenses: Provided further , That $4,000,000 of the amount appropriated under this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further, That of the total amount appropriated under this heading, the amount equal to the amount of Rural Business Program Account funds allocated by the Secretary for Rural Economic Area Partnership Zones for the fiscal year 2012, shall be available through June 30, 2013, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones for the rural business and cooperative development programs described in section 381E(d)(3) of the Consolidated Farm and Rural Development Act: Provided further , That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds made available under this heading. Rural development loan fund program account (including transfer of funds) For the principal amount of direct loans, as authorized by the Rural Development Loan Fund ( 42 U.S.C. 9812(a) ), $18,889,000. For the cost of direct loans, $6,052,000, as authorized by the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $900,000 shall be available through June 30, 2013, for Federally Recognized Native American Tribes; and of which $2,000,000 shall be available through June 30, 2013, for Mississippi Delta Region counties (as determined in accordance with Public Law 100–460 ): Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That of the total amount appropriated under this heading, the amount equal to the amount of Rural Development Loan Fund Program Account funds allocated by the Secretary for Rural Economic Area Partnership Zones for the fiscal year 2012, shall be available through June 30, 2013, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. In addition, for administrative expenses to carry out the direct loan programs, $4,438,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses . Rural economic development loans program account (including rescission of funds) For the principal amount of direct loans, as authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $33,077,000. Of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act of 1936, $180,000,000 shall not be obligated and $180,000,000 are rescinded. Rural cooperative development grants For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932 ), $27,706,000, of which $2,250,000 shall be for cooperative agreements for the appropriate technology transfer for rural areas program: Provided , That not to exceed $3,456,000 shall be for grants for cooperative development centers, individual cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups; and of which $15,000,000, to remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section 231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note). Rural energy for america program For the cost of a program of loan guarantees, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $3,400,000: Provided , That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. Rural utilities service Rural water and waste disposal program account (including transfers of funds) For the cost of direct loans, loan guarantees, and grants for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $524,466,000, to remain available until expended, of which not to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be available for the rural utilities program described in section 306E of such Act: Provided , That $66,500,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm and Rural Development Act, Federally recognized Native American Tribes authorized by 306C(a)(1), and the Department of Hawaiian Home Lands (of the State of Hawaii): Provided further , That funding provided for section 306D of the Consolidated Farm and Rural Development Act may be provided to a consortium formed pursuant to section 325 of Public Law 105–83 : Provided further , That not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by the State of Alaska for training and technical assistance programs and not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105–83 for training and technical assistance programs: Provided further , That not to exceed $19,000,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $5,750,000 shall be made available for a grant to a qualified non-profit multi-state regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further , That not to exceed $15,000,000 of the amount appropriated under this heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further , That not to exceed $3,400,000 shall be for solid waste management grants: Provided further, That of the total amount appropriated under this heading, the amount equal to the amount of Rural Water and Waste Disposal Program Account funds allocated by the Secretary for Rural Economic Area Partnership Zones for the fiscal year 2012, shall be available through June 30, 2013, for communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones for the rural utilities programs described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act: Provided further , That $10,000,000 of the amount appropriated under this heading shall be transferred to, and merged with, the Rural Utilities Service, High Energy Cost Grants Account to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided further , That any prior year balances for high-energy cost grants authorized by section 19 of the Rural Electrification Act of 1936 ( 7 U.S.C. 918a ) shall be transferred to and merged with the Rural Utilities Service, High Energy Cost Grants Account: Provided further , That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. For gross obligations for the principal amount of direct loans as authorized by section 1006a of title 16 of the United States Code, except for the limitations contained in the last sentence of such section, for projects whose features include agricultural water supply benefits, groundwater protection, environmental enhancement and flood control, $40,000,000: Provided , That such loans shall be made by the Rural Utilities Service. Rural electrification and telecommunications loans program account (including transfer of funds) The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be made as follows: 5 percent rural electrification loans, $100,000,000; loans made pursuant to section 306 of that Act, rural electric, $6,500,000,000; guaranteed underwriting loans pursuant to section 313A, $500,000,000; cost of money rural telecommunications loans, $690,000,000: Provided , That up to $2,000,000,000 shall be used for the construction, acquisition, or improvement of fossil-fueled electric generating plants (whether new or existing) that utilize carbon sequestration systems. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $34,467,000, which shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses . Distance learning, telemedicine, and broadband program For the principal amount of broadband telecommunication loans, $42,239,000. For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq. , $24,950,000, to remain available until expended: Provided , That $3,000,000 shall be made available for grants authorized by 379G of the Consolidated Farm and Rural Development Act: Provided further , That funding provided under this heading for grants under 379G of the Consolidated Farm and Rural Development Act may only be provided to entities that meet all of the eligibility criteria for a consortium as established by this section: Provided further , That $3,000,000 shall be made available to those noncommercial educational television broadcast stations that serve rural areas and are qualified for Community Service Grants by the Corporation for Public Broadcasting under section 396(k) of the Communications Act of 1934, including associated translators and repeaters, regardless of the location of their main transmitter, studio-to-transmitter links, and equipment to allow local control over digital content and programming through the use of high-definition broadcast, multi-casting and datacasting technologies. For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $4,000,000, to remain available until expended: Provided , That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, $10,372,000, to remain available until expended, for a grant program to finance broadband transmission in rural areas eligible for Distance Learning and Telemedicine Program benefits authorized by 7 U.S.C. 950aaa. IV Domestic food programs Office of the under secretary for food, nutrition and consumer services For necessary expenses of the Office of the Under Secretary for Food, Nutrition and Consumer Services, $811,000. Food and nutrition service Child nutrition programs (including transfers of funds) For necessary expenses to carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; $19,916,436,000, to remain available through September 30, 2014, of which such sums as are made available under section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein: Provided , That of the total amount available, $16,504,000 shall be available to carry out section 19 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ): Provided further, That of the total amount available, $35,000,000 shall be available to provide competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the equipment needed to serve healthier meals, improve food safety, and to help support the establishment, maintenance, or expansion of the school breakfast program. Special supplemental nutrition program for women, infants, and children (wic) For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ), $7,046,000,000, to remain available through September 30, 2014: Provided , That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(h)(10) ), not less than $60,000,000 shall be used for breastfeeding peer counselors and other related activities, $14,000,000 shall be used for infrastructure, and $35,000,000 shall be used for management information systems: Provided further , That funds made available for the purposes specified in section 17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall only be made available upon a determination by the Secretary that funds are available to meet caseload requirements without the use of funds in the contingency reserve that are without fiscal year limitation: Provided further , That none of the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 17 of such Act: Provided further , That none of the funds provided shall be available for activities that are not fully reimbursed by other Federal Government departments or agencies unless authorized by section 17 of such Act. Supplemental nutrition assistance program For necessary expenses to carry out the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), $77,290,160,000, of which $3,000,000,000, to remain available through September 30, 2014, shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations: Provided , That funds provided herein shall be expended in accordance with section 16 of the Food and Nutrition Act of 2008: Provided further , That of the funds made available under this heading, $998,000 may be used to provide nutrition education services to state agencies and Federally recognized tribes participating in the Food Distribution Program on Indian Reservations: Provided further , That this appropriation shall be subject to any work registration or workfare requirements as may be required by law: Provided further , That funds made available for Employment and Training under this heading shall remain available until expended, notwithstanding section 16(h)(1) of the Food and Nutrition Act of 2008: Provided further , That funds made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008. Commodity assistance program For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 ); and the Farmers' Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition Act of 1966, $253,952,000, to remain available through September 30, 2014: Provided , That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further , That notwithstanding any other provision of law, effective with funds made available in fiscal year 2013 to support the Seniors Farmers' Market Nutrition Program, as authorized by section 4402 of the Farm Security and Rural Investment Act of 2002, such funds shall remain available through September 30, 2014: Provided further , That of the funds made available under section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent for costs associated with the distribution of commodities. Nutrition programs administration For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $143,505,000: Provided , That of the funds provided herein, $2,000,000 shall be used for the purposes of section 4404 of Public Law 107–171, as amended by section 4401 of Public Law 110–246. V Foreign assistance and related programs Foreign agricultural service Salaries and expenses (including transfers of funds) For necessary expenses of the Foreign Agricultural Service, including not to exceed $158,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 ), $176,789,000: Provided , That the Service may utilize advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs ( 7 U.S.C. 1737 ) and the foreign assistance programs of the United States Agency for International Development: Provided further , That funds made available for middle-income country training programs, funds made available for the Borlaug International Agricultural Science and Technology Fellowship program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended. Food for peace title i direct credit and food for progress program account (including transfers of funds) For administrative expenses to carry out the credit program of title I, Food for Peace Act (Public Law 83–480) and the Food for Progress Act of 1985, $2,806,000, shall be transferred to and merged with the appropriation for Farm Service Agency, Salaries and Expenses : Provided , That funds made available for the cost of agreements under title I of the Agricultural Trade Development and Assistance Act of 1954 and for title I ocean freight differential may be used interchangeably between the two accounts with prior notice to the Committees on Appropriations of both Houses of Congress. Food for peace title ii grants For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Food for Peace Act (Public Law 83–480, as amended), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,435,000,000, to remain available until expended. Mcgovern-dole international food for education and child nutrition program grants For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 ), $184,000,000, to remain available until expended: Provided , That the Commodity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein. Commodity credit corporation export (loans) credit guarantee program account (including transfers of funds) For administrative expenses to carry out the Commodity Credit Corporation's export guarantee program, GSM 102 and GSM 103, $6,806,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $6,452,000 shall be transferred to and merged with the appropriation for Foreign Agricultural Service, Salaries and Expenses , and of which $354,000 shall be transferred to and merged with the appropriation for Farm Service Agency, Salaries and Expenses . VI Related agency and food and drug administration Department of health and human services Food and drug administration Salaries and expenses For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107–188 ; $4,223,295,000: Provided , That of the amount provided under this heading, $718,669,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 379h , and shall be credited to this account and remain available until expended, and shall not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2014 but collected in fiscal year 2013; $97,722,000 shall be derived from medical device user fees authorized by 21 U.S.C. 379j , and shall be credited to this account and remain available until expended; $299,000,000 shall be derived from human generic drug user fees authorized by 21 U.S.C. 379j–42 , and shall be credited to this account and remain available until expended; $20,242,000 shall be derived from biosimilar biological product user fees authorized by 21 U.S.C. 379j–52 , and shall be credited to this account and remain available until expended; $23,848,000 shall be derived from animal drug user fees authorized by 21 U.S.C. 379j–12, and shall be credited to this account and remain available until expended; $6,031,000 shall be derived from animal generic drug user fees authorized by 21 U.S.C. 379j–21 , and shall be credited to this account and remain available until expended; $505,000,000 shall be derived from tobacco product user fees authorized by 21 U.S.C. 387s , and shall be credited to this account and remain available until expended; $12,925,000 shall be derived from food and feed recall fees authorized by 21 U.S.C. 379j–31 , and shall be credited to this account and remain available until expended; $15,367,000 shall be derived from food reinspection fees authorized by 21 U.S.C. 379j–31 , and shall be credited to this account and remain available until expended; and amounts derived from voluntary qualified importer program fees authorized by 21 U.S.C. 379j–31, and shall be credited to this account and remain available until expended: Provided further , That in addition and notwithstanding any other provision under this heading, amounts collected for prescription drug user fees, medical device user fees, human generic drug user fees, biosimilar biological product user fees, animal drug user fees, and animal generic drug user fees that exceed the respective fiscal year 2013 limitations are appropriated and shall be credited to this account and remain available until expended: Provided further , That fees derived from prescription drug, medical device, animal drug, and animal generic drug assessments for fiscal year 2013 received during fiscal year 2013, including any such fees assessed prior to fiscal year 2013 but credited for fiscal year 2013, shall be subject to the fiscal year 2013 limitations: Provided further , That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further , That of the total amount appropriated: (1) $887,162,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs; (2) $1,261,369,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $329,708,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of Regulatory Affairs; (4) $167,576,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $393,988,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $59,429,000 shall be for the National Center for Toxicological Research; (7) $482,398,000 shall be for the Center for Tobacco Products and for related field activities in the Office of Regulatory Affairs; (8) not to exceed $168,971,000 shall be for Rent and Related activities, of which $61,713,000 is for White Oak Consolidation, other than the amounts paid to the General Services Administration for rent; (9) not to exceed $213,352,000 shall be for payments to the General Services Administration for rent; and (10) $259,342,000 shall be for other activities, including the Office of the Commissioner of Food and Drugs, the Office of Foods and Veterinary Medicine, the Office of Medical and Tobacco Products, the Office of Global and Regulatory Policy, the Office of Operations, the Office of the Chief Scientist, and central services for these offices: Provided further, That the Secretary may, prior to the due date for such fees, accept payment of prescription drug user fees, medical device user fees, human generic drug user fees, biosimilar biological product user fees, animal drug user fees and animal generic drug user fees authorized for fiscal year 2014, and that amounts of such fees assessed for fiscal year 2014 for which the Secretary accepts payment in fiscal year 2013 shall not be included in amounts provided under this heading: Provided further , That not to exceed $25,000 of this amount shall be for official reception and representation expenses, not otherwise provided for, as determined by the Commissioner: Provided further , That any transfer of funds pursuant to section 770(n) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379dd(n) ) shall only be from amounts made available under this heading for other activities: Provided further , That funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress. In addition, mammography user fees authorized by 42 U.S.C. 263b , export certification user fees authorized by 21 U.S.C. 381, and priority review user fees authorized by 21 U.S.C. 360n may be credited to this account, to remain available until expended. Buildings and facilities For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $5,320,000, to remain available until expended. Independent agency Farm credit administration Limitation on administrative expenses Not to exceed $63,300,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided , That this limitation shall not apply to expenses associated with receiverships. VII GENERAL PROVISIONS (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 204 passenger motor vehicles of which 170 shall be for replacement only, and for the hire of such vehicles: Provided , That notwithstanding this section, the only purchase of new passenger vehicles shall be for those determined by the Secretary to be necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety. 702. Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances of the Department of Agriculture that are remaining available at the end of the fiscal year, to the Working Capital Fund for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided , That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further , That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further , That none of the funds appropriated by this Act or made available to the Department's Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department's National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 726 of this Act: Provided further , That of annual income amounts in the Working Capital Fund of the Department of Agriculture allocated for the National Finance Center, the Secretary may reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement and implementation of a financial management plan, information technology, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further , That none of the amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That the limitation on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center. 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 704. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. 705. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account. 706. Funds made available by this Act under title II of the Food for Peace Act ( 7 U.S.C. 1721 et seq. ) may only be used to provide assistance to recipient nations if adequate monitoring and controls, as determined by the Administrator of the U.S. Agency for International Development, are in place to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes. 707. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided , That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further , That none of the funds available to the Department of Agriculture for information technology shall be obligated for projects over $25,000 prior to receipt of written approval by the Chief Information Officer. 708. Funds made available under section 1240I and section 1241(a) of the Food Security Act of 1985 and section 524(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b) ) in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year. 709. Notwithstanding any other provision of law, any former RUS borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313(b)(2)(B) of such Act in the same manner as a borrower under such Act. 710. Notwithstanding any other provision of law, for the purposes of a grant under section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998, none of the funds in this or any other Act may be used to prohibit the provision of in-kind support from non-Federal sources under section 412(e)(3) of such Act in the form of unrecovered indirect costs not otherwise charged against the grant, consistent with the indirect rate of cost approved for a recipient. 711. Except as otherwise specifically provided by law, unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency and the Rural Development mission area, shall remain available through September 30, 2014, for information technology expenses. 712. The Secretary of Agriculture may authorize a State agency to use funds provided in this Act to exceed the maximum amount of liquid infant formula specified in 7 CFR 246.10 when issuing liquid infant formula to participants. 713. None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 714. In the case of each program established or amended by the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ), other than by title I or subtitle A of title III of such Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation— (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i ); and (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section. 715. Notwithstanding any other provision of law, the requirements pursuant to 7 U.S.C. 1736f(e)(1) may be waived for any amounts higher than those specified under this authority for fiscal year 2009. 716. None of the funds made available in fiscal year 2013 or preceding fiscal years for programs authorized under the Food for Peace Act ( 7 U.S.C. 1691 et seq. ) in excess of $20,000,000 shall be used to reimburse the Commodity Credit Corporation for the release of eligible commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act ( 7 U.S.C. 1736f–1 ): Provided , That any such funds made available to reimburse the Commodity Credit Corporation shall only be used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act. 717. Of the funds made available by this Act, not more than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. 718. None of the funds in this Act shall be available to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30 percent of total Federal funds provided under each award: Provided , That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3310 ), funds provided by this Act for grants awarded competitively by the National Institute of Food and Agriculture shall be available to pay full allowable indirect costs for each grant awarded under section 9 of the Small Business Act ( 15 U.S.C. 638 ). 719. For an additional amount for Food and Drug Administration, Salaries and Expenses , $50,000,000, to remain available until expended, of which $40,000,000 is for one-time activities directly related to implementation of the Food Safety Modernization Act, and of which $10,000,000 is for one-time activities directly related to improving the safety of the human drug supply. 720. There is hereby appropriated $1,996,000 to carry out section 1621 of Public Law 110–246 . 721. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out the following: (1) The Watershed Rehabilitation program authorized by section 14(h) of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1012(h) ); (2) The Environmental Quality Incentives Program as authorized by sections 1240–1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa–3839aa–8) in excess of $1,400,000,000; (3) The Wildlife Habitat Incentives Act authorized by section 1240N of the Food Security Act of 1985, as amended (16 U.S.C. 3839bb–1)) in excess of $73,000,000; and (4) Agricultural Management Assistance Program as authorized by section 524 of the Federal Crop Insurance Act, as amended (7 U.S.C. 1524) in excess of $2,500,000 for the Natural Resources Conservation Service. 722. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under subsection (b)(2)(A)(v) of section 14222 of Public Law 110–246 in excess of $981,000,000, as follows: Child Nutrition Programs Entitlement Commodities—$465,000,000; State Option Contracts—$5,000,000; Removal of Defective Commodities—$2,500,000: Provided , That none of the funds made available in this Act or any other Act shall be used for salaries and expenses to carry out in this fiscal year section 19(i)(1)(E) of the Richard B. Russell National School Lunch Act as amended by section 4304 of Public Law 110–246 in excess of $41,000,000, including the transfer of funds under subsection (c) of section 14222 of Public Law 110–246 , until October 1, 2013: Provided further , That $117,000,000 made available on October 1, 2013, to carry out section 19(i)(1)(E) of the Richard B. Russell National School Lunch Act as amended by section 4304 of Public Law 110–246 shall be excluded from the limitation described in subsection (b)(2)(A)(vi) of section 14222 of Public Law 110–246 : Provided further , That none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries or expenses of any employee of the Department of Agriculture or officer of the Commodity Credit Corporation to carry out clause 3 of section 32 of the Agricultural Adjustment Act of 1935 ( Public Law 74–320 , 7 U.S.C. 612c , as amended), or for any surplus removal activities or price support activities under section 5 of the Commodity Credit Corporation Charter Act: Provided further , That of the available unobligated balances under (b)(2)(A)(v) of section 14222 of Public Law 110–246, $150,000,000 are hereby rescinded. 723. Subject to authorizing legislation by the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry, the Secretary may reserve, through April 1, 2013, up to 5 percent of the funding available for the following items for projects in areas that are engaged in strategic regional development planning as defined by the Secretary: business and industry guaranteed loans; rural development loan fund; rural business enterprise grants; rural business opportunity grants; rural economic development program; rural microenterprise program; biorefinery assistance program; rural energy for America program; value-added producer grants; broadband program; water and waste program; and rural community facilities program. 724. There is hereby appropriated $600,000 for the purposes of section 727 of division A of Public Law 112–55 . 725. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress of the United States for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2014 appropriations Act. 726. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 ) or section 8 of Public Law 89–106 ( 7 U.S.C. 2263 ), that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority. (c) The Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission shall notify in writing the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. (d) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture, the Secretary of Health and Human Services or the Chairman of the Commodity Futures Trading Commission receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section. 727. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(5) ), the Secretary may assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 3 percent of the guaranteed principal portion of the loan. 728. None of the funds appropriated or otherwise made available to the Department of Agriculture or the Food and Drug Administration shall be used to transmit or otherwise make available to any non-Department of Agriculture or non-Department of Health and Human Services employee questions or responses to questions that are a result of information requested for the appropriations hearing process. 729. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 730. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 30 days unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. 731. Notwithstanding any other provision of law, any area eligible for rural housing programs of the Rural Housing Service on September 30, 2012, shall remain eligible for such programs until September 30, 2013. 732. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agent, and made a determination that this further action is not necessary to protect the interests of the Government. 733. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 734. None of the funds made available by this Act may be used to pay the salaries and expenses of personnel who provide nonrecourse marketing assistance loans for mohair under section 1201 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8731 ). 735. In the event that a determination of non-regulated status made pursuant to section 411 of the Plant Protection Act is or has been invalidated or vacated, the Secretary of Agriculture shall, notwithstanding any other provision of law, upon request by a farmer, grower, farm operator, or producer, immediately grant temporary permit(s) or temporary deregulation in part, subject to necessary and appropriate conditions consistent with section 411(a) or 412(c) of the Plant Protection Act, which interim conditions shall authorize the movement, introduction, continued cultivation, commercialization and other specifically enumerated activities and requirements, including measures designed to mitigate or minimize potential adverse environmental effects, if any, relevant to the Secretary's evaluation of the petition for non-regulated status, while ensuring that growers or other users are able to move, plant, cultivate, introduce into commerce and carry out other authorized activities in a timely manner: Provided , That all such conditions shall be applicable only for the interim period necessary for the Secretary to complete any required analyses or consultations related to the petition for non-regulated status: Provided further , That nothing in this section shall be construed as limiting the Secretary’s authority under section 411, 412 and 414 of the Plant Protection Act. 736. None of the funds made available by this or any other Act may be used to pay for mitigation associated with the removal of Federal Energy Regulatory Commission Project number 2342. 737. Of the unobligated balance of funds available to the Department of Agriculture for the cost of broadband loans under the heading Rural Development Programs—Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program in prior appropriation Acts, $25,320,000 is rescinded. 738. Of the unobligated balances provided pursuant to section 9004(d)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8104 ), $28,045,000 are hereby rescinded. 739. Funds received by the Secretary of Agriculture in the global settlement of any Federal litigation concerning Federal mortgage loans during fiscal year 2012 may be expended, in addition to any other available funds, by the Rural Housing Service to pay for costs associated with servicing single family housing loans guaranteed by the Rural Housing Service and such funds shall remain available until expended. 740. Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spending plan by program, project, and activity for the funds made available under this Act. 741. There is hereby appropriated for the Emergency Conservation Program , $11,100,000, to remain available until expended; for the Emergency Forestry Restoration Program , $14,200,000, to remain available until expended; and for the Emergency Watershed Protection Program , $65,454,000, to remain available until expended: Provided, That not less than $48,257,000 made available for the Emergency Watershed Protection Program under this general provision are provided for necessary expenses for a major disaster declaration issued under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et. seq.). 742. None of the funds made available by this or any other Act may be used to write, prepare, or publish a final rule or an interim final rule in furtherance of, or otherwise to implement, Implementation of Regulations Required Under Title XI, of the Food, Conservation and Energy Act of 2008; Conduct in Violation of the Act (75 Fed. Reg. 35338 (June 22, 2010)) unless the combined annual cost to the economy of such rules does not exceed $100,000,000 or such rules have already been published in compliance with Section 721 of the Consolidated and Further Continuing Appropriations Act, 2012, Public Law 112–55 : Provided , That no funds made available by this or any other Act be used to publish a final or interim final rule in furtherance of, or otherwise to implement, proposed sections 201.2(l), 201.2(t), 201.2(u), 201.3(c), 201.210, 201.211, 201.213, or 201.214 of Implementation of Regulations Required Under Title XI of the Food, Conservation and Energy Act of 2008; Conduct in Violation of the Act (75 Fed. Reg. 35338 (June 22, 2010)): Provided further , That none of the funds made available by this or any other Act may be used to implement such rules until 60 days from the publication date of such rules: Provided further , That none of the funds made available by this Act may be used to enforce or to take regulatory action based on or in furtherance of sections 201.2(o), 201.3(a), or 201.215(a), of Title 9 of the Code of Federal Regulations, as they exist at the time this Act is passed, or to write, prepare, or publish a final or interim final rule in furtherance of, or otherwise to implement, the definitions or criteria embodied in these sections: Provided further , That the Secretary of Agriculture shall, within 60 days, rescind sections 201.2(o), 201.3(a), or 201.215(a), of Title 9 of the Code of Federal Regulations. 743. Notwithstanding any other provision of this Act— (1) the amount made available for buildings operations and maintenance expenses in the matter before the first proviso under the heading Agriculture buildings and facilities and rental payments under the heading Agricultural programs in title I shall be $52,169,000; (2) the amount made available for necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act in the matter before the first proviso under the heading Food safety and inspection service under the heading Agricultural programs in title I shall be $1,056,427,000; and (3) the amount made available to provide competitive grants to State agencies in the second proviso under the heading child nutrition programs under the heading Food and Nutrition Service under the heading Domestic food programs in title IV shall be $10,000,000. This division may be cited as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2013 . B Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2013, and for other purposes, namely: I Department of Commerce International Trade Administration Operations and Administration For necessary expenses for international trade activities of the Department of Commerce provided for by law, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to section 40118 of title 49, United States Code; employment of citizens of the United States and aliens by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $45,000 per vehicle; obtaining insurance on official motor vehicles; and rental of tie lines, $482,538,000, to remain available until September 30, 2014, of which $11,360,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of title 31, United States Code: Provided , That, of amounts provided under this heading, not less than $16,400,000 shall be for China antidumping and countervailing duty enforcement and compliance activities: Provided further , That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities. Bureau of Industry and Security Operations and administration For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of citizens of the United States and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $13,500 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b) ); and purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law, $101,796,000, to remain available until expended: Provided , That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further , That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments. Economic Development Administration Economic development assistance programs For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, for trade adjustment assistance, for the cost of loan guarantees authorized by section 26 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3721 ), and for grants, and for the cost of loan guarantees authorized by section 27 ( 15 U.S.C. 3722 ) of such Act, $187,300,000, to remain available until expended; of which $5,000,000 shall be for projects to facilitate the relocation, to the United States, of a source of employment located outside the United States; of which $5,000,000 shall be for loan guarantees under section 26; and of which up to $5,000,000 shall be for loan guarantees under section 27: Provided , That the costs for loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds for loan guarantees under such sections 26 and 27 combined are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $70,000,000. Salaries and expenses For necessary expenses of administering the economic development assistance programs as provided for by law, $37,500,000: Provided , That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, title II of the Trade Act of 1974, and the Community Emergency Drought Relief Act of 1977. Minority Business Development Agency Minority business development For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $28,689,000. Economic and Statistical Analysis Salaries and expenses For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $100,228,000, to remain available until September 30, 2014. Bureau of the Census Salaries and expenses For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics, provided for by law, $256,255,000: Provided , That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities. Periodic censuses and programs For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics for periodic censuses and programs, provided for by law, $667,953,000, to remain available until September 30, 2014: Provided , That $649,953,000 is appropriated from the general fund and $18,000,000 is derived from available unobligated balances from the Census Working Capital Fund: Provided further, That from amounts provided herein, funds may be used for promotion, outreach, and marketing activities: Provided further , That within the amounts appropriated, $1,000,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to the Bureau of the Census. National Telecommunications and Information Administration Salaries and expenses For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $45,994,000, to remain available until September 30, 2014: Provided , That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further , That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended. Public Telecommunications Facilities, Planning and Construction For the administration of prior-year grants, recoveries and unobligated balances of funds previously appropriated are available for the administration of all open grants until their expiration. United States Patent and Trademark Office Salaries and expenses (including transfers of funds) For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $2,933,241,000, to remain available until expended: Provided , That the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges assessed and collected by the USPTO under any law are received during fiscal year 2013, so as to result in a fiscal year 2013 appropriation from the general fund estimated at $0: Provided further , That during fiscal year 2013, should the total amount of such offsetting collections be less than $2,933,241,000 this amount shall be reduced accordingly: Provided further , That any amount received in excess of $2,933,241,000 in fiscal year 2013 and deposited in the Patent and Trademark Fee Reserve Fund shall remain available until expended: Provided further , That the Director of USPTO shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That from amounts provided herein, not to exceed $900 shall be made available in fiscal year 2013 for official reception and representation expenses: Provided further , That in fiscal year 2013 from the amounts made available for Salaries and Expenses for the USPTO, the amounts necessary to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO's specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO's specific use of post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, and shall be available for the authorized purposes of those accounts: Provided further , That any differences between the present value factors published in OPM's yearly 300 series benefit letters and the factors that OPM provides for USPTO's specific use shall be recognized as an imputed cost on USPTO's financial statements, where applicable: Provided further , That, notwithstanding any other provision of law, all fees and surcharges assessed and collected by USPTO are available for USPTO only pursuant to section 42(c) of title 35, United States Code, as amended by section 22 of the Leahy-Smith America Invents Act ( Public Law 112–29 ): Provided further , That within the amounts appropriated, $2,000,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to the USPTO. National Institute of Standards and Technology Scientific and technical research and services For necessary expenses of the National Institute of Standards and Technology (NIST), $621,173,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the Working Capital Fund : Provided , That not to exceed $5,000 shall be for official reception and representation expenses: Provided further, That NIST may provide local transportation for summer undergraduate research fellowship program participants. Industrial technology services For necessary expenses for industrial technology services, $143,000,000, to remain available until expended, of which $128,500,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $14,500,000 shall be for the Advanced Manufacturing Technology Consortia. Construction of research facilities For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278c–278e ), $60,000,000, to remain available until expended: Provided , That the Secretary of Commerce shall include in the budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000 and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the five subsequent fiscal years. National Oceanic and Atmospheric Administration Operations, research, and facilities (including transfer of funds) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,112,614,000, to remain available until September 30, 2014, except that funds provided for cooperative enforcement shall remain available until September 30, 2015: Provided , That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, United States Code: Provided further , That in addition, $119,064,000 shall be derived by transfer from the fund entitled Promote and Develop Fishery Products and Research Pertaining to American Fisheries , which shall only be used for fishery activities related to Cooperative Research, Annual Stock Assessments, Survey and Monitoring Projects, Interjurisdictional Fisheries Grants, and Fish Information Networks: Provided further , That of the $3,246,678,000 provided for in direct obligations under this heading $3,112,614,000 is appropriated from the general fund, $119,064,000 is provided by transfer and $15,000,000 is derived from recoveries of prior year obligations: Provided further , That the total amount available for National Oceanic and Atmospheric Administration corporate services administrative support costs shall not exceed $212,664,000: Provided further , That any deviation from the amounts designated for specific activities in the statement accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further , That in allocating grants under sections 306 and 306A of the Coastal Zone Management Act of 1972 , as amended, no coastal State shall receive more than 5 percent or less than 1 percent of increased funds appropriated over the previous fiscal year: Provided further , That in addition, for necessary retired pay expenses under the Retired Serviceman's Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may be necessary. Procurement, acquisition and construction For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,926,036,000, to remain available until September 30, 2015, except that funds provided for construction of facilities shall remain available until expended: Provided , That of the $1,941,036,000 provided for in direct obligations under this heading, $1,926,036,000 is appropriated from the general fund and $15,000,000 is provided from recoveries of prior year obligations: Provided further , That any deviation from the amounts designated for specific activities in the statement accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further , That the Secretary of Commerce shall include in budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years: Provided further, That, within the amounts appropriated, $1,000,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to satellite procurement, acquisition and construction. Pacific coastal salmon recovery For necessary expenses associated with the restoration of Pacific salmon populations, $65,000,000, to remain available until September 30, 2014: Provided , That, of the funds provided herein, the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the Federally recognized tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, for maintaining populations necessary for exercise of tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further , That all funds shall be allocated based on scientific and other merit principles and shall not be available for marketing activities: Provided further , That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds. Fishermen's contingency fund For carrying out the provisions of title IV of Public Law 95–372 , not to exceed $350,000, to be derived from receipts collected pursuant to that Act, to remain available until expended. Fisheries finance program account Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2013, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and not to exceed $59,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936: Provided , That none of the funds made available under this heading may be used for direct loans for any new fishing vessel that will increase the harvesting capacity in any United States fishery. Departmental Management Salaries and expenses For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representation, $56,000,000: Provided , That the Secretary of Commerce shall maintain a task force on job repatriation and manufacturing growth and shall produce an annual report on related incentive strategies, implementation plans and program results. renovation and modernization For expenses necessary for the renovation and modernization of Department of Commerce facilities, $2,040,000, to remain available until expended. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $28,753,000. General Provisions—Department of Commerce 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 ( 15 U.S.C. 1514 ), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324 , may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902). 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce. 104. Any costs incurred by a department or agency funded under this title resulting from personnel actions taken in response to funding reductions included in this title or from actions taken for the care and protection of loan collateral or grant property shall be absorbed within the total budgetary resources available to such department or agency: Provided , That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further , That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 105. (a) Section 105(f) of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 ( Public Law 112–55 ) is amended— (1) by striking paragraph (2) and inserting subsection (e)(2) ; and (2) by striking this subsection and inserting subsection (e) . (b) The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 ( Public Law 112–55 ), as amended by subsection (a) of this section, are hereby adopted by reference. 106. Notwithstanding any other provision of law, the Secretary may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services. 107. Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. 108. The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration. 109. The Department of Commerce shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate on any official travel to China by any employee of the U.S. Department of Commerce, including the purpose of such travel. 110. Section 113(b)(3) of division B of Public Law 112–55 is amended by striking 2012 and inserting 2013 . This title may be cited as the Department of Commerce Appropriations Act, 2013 . II Department of Justice General Administration Salaries and expenses For expenses necessary for the administration of the Department of Justice, $110,822,000, of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended. Justice information sharing technology For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $33,426,000, to remain available until expended. Administrative Review and Appeals (including transfer of funds) For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $313,438,000, of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the Immigration Examinations Fee account. Office of inspector general For necessary expenses of the Office of Inspector General, $85,985,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character. United States Parole Commission Salaries and expenses For necessary expenses of the United States Parole Commission as authorized, $12,772,000. Legal Activities Salaries and expenses, general legal activities For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; and rent of private or Government-owned space in the District of Columbia, $881,000,000, of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: Provided , That of the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to Salaries and Expenses, General Legal Activities from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That of the amount appropriated, such sums as may be necessary shall be available to reimburse the Office of Personnel Management for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 ( 42 U.S.C. 1973f ): Provided further , That of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended. In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. Salaries and expenses, antitrust division For expenses necessary for the enforcement of antitrust and kindred laws, $162,170,000, to remain available until expended: Provided , That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ( 15 U.S.C. 18a ), regardless of the year of collection (and estimated to be $115,000,000 in fiscal year 2013), shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further , That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2013, so as to result in a final fiscal year 2013 appropriation from the general fund estimated at $47,170,000. Salaries and expenses, united states attorneys For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $1,969,687,000: Provided , That of the total amount appropriated, not to exceed $7,200 shall be available for official reception and representation expenses: Provided further , That not to exceed $25,000,000 shall remain available until expended: Provided further , That each United States Attorney shall establish or participate in a United States Attorney-led task force on human trafficking: Provided further , That of the total amount appropriated, $10,000,000 shall only be available after the Attorney General certifies that each United States Attorney is participating in a United States Attorney-led task force on human trafficking. United States trustee system fund For necessary expenses of the United States Trustee Program, as authorized, $223,258,000, to remain available until expended and to be derived from the United States Trustee System Fund: Provided , That not less than $1,500,000 shall be for debtor audits: Provided further , That, notwithstanding any other provision of law, deposits to the Fund shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further , That, notwithstanding any other provision of law, $223,258,000 of offsetting collections pursuant to section 589a(b) of title 28, United States Code, shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further , That the sum herein appropriated from the Fund shall be reduced as such offsetting collections are received during fiscal year 2013, so as to result in a final fiscal year 2013 appropriation from the Fund estimated at $0. Salaries and expenses, foreign claims settlement commission For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 of title 5, United States Code, $2,000,000. Fees and expenses of witnesses For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $270,000,000, to remain available until expended, of which not to exceed $10,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $11,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses. Salaries and Expenses, Community Relations Service For necessary expenses of the Community Relations Service, $12,036,000: Provided , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and violence prevention activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Assets forfeiture fund For expenses authorized by subparagraphs (B), (F), and (G) of section 524(c)(1) of title 28, United States Code, $20,948,000, to be derived from the Department of Justice Assets Forfeiture Fund. United States Marshals Service Salaries and expenses For necessary expenses of the United States Marshals Service, $1,196,000,000, of which not to exceed $6,000 shall be available for official reception and representation expenses, and not to exceed $15,000,000 shall remain available until expended. Construction For construction in space controlled, occupied or utilized by the United States Marshals Service for prisoner holding and related support, $10,000,000, to remain available until expended. Federal Prisoner Detention (including transfer of funds) For necessary expenses related to United States prisoners in the custody of the United States Marshals Service as authorized by section 4013 of title 18, United States Code, $1,647,383,000, to remain available until expended: Provided , That not to exceed $20,000,000 shall be considered funds appropriated for State and local law enforcement assistance pursuant to section 4013(b) of title 18, United States Code: Provided further , That the United States Marshals Service shall be responsible for managing the Justice Prisoner and Alien Transportation System: Provided further , That any unobligated balances available from funds appropriated under the heading General Administration, Detention Trustee shall be transferred to and merged with the appropriation under this heading. National Security Division Salaries and expenses For expenses necessary to carry out the activities of the National Security Division, $90,039,000, of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Interagency Law Enforcement Interagency crime and drug enforcement For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime drug trafficking, $521,793,000, of which $50,000,000 shall remain available until expended: Provided , That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation. Federal Bureau of Investigation Salaries and expenses For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States, $8,185,007,000, of which not to exceed $216,900,000 shall remain available until expended: Provided , That not to exceed $184,500 shall be available for official reception and representation expenses: Provided further , That $500,000 shall be for a comprehensive review of the implementation of the recommendations related to the Federal Bureau of Investigation that were proposed in the report issued by the National Commission on Terrorist Attacks Upon the United States. Construction For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities and sites by purchase, or as otherwise authorized by law; conversion, modification and extension of Federally-owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $80,982,000, to remain available until expended. Drug Enforcement Administration Salaries and Expenses For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of title 28, United States Code; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs, $2,050,904,000; of which not to exceed $75,000,000 shall remain available until expended and not to exceed $90,000 shall be available for official reception and representation expenses. Bureau of Alcohol, Tobacco, Firearms and Explosives Salaries and expenses For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,153,345,000, of which not to exceed $36,000 shall be for official reception and representation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by section 924(d)(2) of title 18, United States Code, and not to exceed $15,000,000 shall remain available until expended: Provided , That, in the current fiscal year and any fiscal year thereafter, no funds appropriated under this or any other Act shall be used to pay administrative expenses or the compensation of any officer or employee of the United States to implement an amendment or amendments to section 478.118 of title 27, Code of Federal Regulations, or to change the definition of Curios or relics in section 478.11 of title 27, Code of Federal Regulations, or remove any item from ATF Publication 5300.11 as it existed on January 1, 1994: Provided further , That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further , That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further , That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments: Provided further , That, in the current fiscal year and any fiscal year thereafter, no funds made available by this or any other Act shall be expended to promulgate or implement any rule requiring a physical inventory of any business licensed under section 923 of title 18, United States Code: Provided further , That, in the current fiscal year and any fiscal year thereafter, no funds authorized or made available under this or any other Act may be used to deny any application for a license under section 923 of title 18, United States Code, or renewal of such a license due to a lack of business activity, provided that the applicant is otherwise eligible to receive such a license, and is eligible to report business income or to claim an income tax deduction for business expenses under the Internal Revenue Code of 1986. Federal Prison System Salaries and expenses (including transfer of funds) For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, including purchase (not to exceed 835, of which 808 are for replacement only) and hire of law enforcement and passenger motor vehicles, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $6,820,217,000: Provided , That the Attorney General may transfer to the Health Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further , That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further , That not to exceed $5,400 shall be available for official reception and representation expenses: Provided further , That not to exceed $50,000,000 shall remain available for necessary operations until September 30, 2014: Provided further , That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 501(c) of the Refugee Education Assistance Act of 1980 ( 8 U.S.C. 1522 note), for the care and security in the United States of Cuban and Haitian entrants: Provided further , That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities: Provided further , That of the amount provided under this heading, not less than $99,496,000 shall be for activation of newly constructed prisons in Berlin, New Hampshire, Aliceville, Alabama, Yazoo City, Mississippi, and Hazelton, West Virginia, as requested in the Department’s fiscal year 2013 budget. Buildings and facilities For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $90,000,000, to remain available until expended, of which not less than $66,965,000 shall be available only for modernization, maintenance and repair, and of which not to exceed $14,000,000 shall be available to construct areas for inmate work programs: Provided , That labor of United States prisoners may be used for work performed under this appropriation. Federal prison industries, incorporated The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, including purchase (not to exceed five for replacement only) and hire of passenger motor vehicles. Limitation on administrative expenses, federal prison industries, incorporated Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, United States Code, to be computed on an accrual basis to be determined in accordance with the corporation's current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. State and Local Law Enforcement Activities Office on Violence Against Women violence against women prevention and prosecution programs For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. ) ( the 1968 Act ); the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ) ( the 1994 Act ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( Public Law 108–21 ); the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) ( the 1974 Act ); the Victims of Trafficking and Violence Protection Act of 2000 ( Public Law 106–386 ) ( the 2000 Act ); and the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); and for related victims services, $416,500,000, to remain available until expended: Provided , That except as otherwise provided by law, not to exceed 5 percent of funds made available under this heading may be used for expenses related to evaluation, training, and technical assistance: Provided further , That of the amount provided— (1) $189,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act; (2) $25,000,000 is for transitional housing assistance grants for victims of domestic violence, stalking or sexual assault as authorized by section 40299 of the 1994 Act; (3) $3,500,000 is for the National Institute of Justice for research and evaluation of violence against women and related issues addressed by grant programs of the Office on Violence Against Women, which may be transferred to Research, Evaluation and Statistics for administration by the Office of Justice Programs; (4) $10,000,000 is for a grant program to provide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs to engage men and youth in preventing such violence; and assistance to middle and high school students through education and other services related to such violence: Provided , That unobligated balances available for the programs authorized by sections 41201, 41204, 41303 and 41305 of the 1994 Act shall be available for this program: Provided further , That 10 percent of the total amount available for this grant program shall be available for grants under the program authorized by section 2015 of the 1968 Act: Provided further , That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this program; (5) $50,000,000 is for grants to encourage arrest policies as authorized by part U of the 1968 Act, of which $4,000,000 is for a homicide reduction initiative; (6) $25,000,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act; (7) $36,500,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act; (8) $9,000,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act; (9) $41,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; (10) $4,250,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40802 of the 1994 Act; (11) $15,500,000 is for a grant program to support families in the justice system, including for the purposes described in the safe havens for children program, as authorized by section 1301 of the 2000 Act, and the court training and improvements program, as authorized by section 41002 of the 1994 Act; (12) $5,750,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; (13) $500,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; (14) $1,000,000 is for analysis and research on violence against Indian women, including as authorized by section 904 of the 2005 Act, which may be transferred to Research, Evaluation and Statistics for administration by the Office of Justice Programs; and (15) $500,000 is for the Office on Violence Against Women to establish a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women. Office of Justice Programs Research, evaluation and statistics For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Juvenile Justice and Delinquency Prevention Act of 1974 ( the 1974 Act ); the Missing Children's Assistance Act ( 42 U.S.C. 5771 et seq. ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( Public Law 108–21 ); the Justice for All Act of 2004 (Public Law 108–405); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ); the Second Chance Act of 2007 ( Public Law 110–199 ); the Victims of Crime Act of 1984 (Public Law 98–473); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) ( the Adam Walsh Act ); the PROTECT Our Children Act of 2008 ( Public Law 110–401 ); subtitle D of title II of the Homeland Security Act of 2002 ( Public Law 107–296 ) ( the 2002 Act ); the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ); and other programs, $127,000,000, to remain available until expended, of which— (1) $48,000,000 is for criminal justice statistics programs, and other activities, as authorized by part C of title I of the 1968 Act, of which $36,000,000 is for the administration and redesign of the National Crime Victimization Survey; (2) $43,000,000 is for research, development, and evaluation programs, and other activities as authorized by part B of title I of the 1968 Act and subtitle D of title II of the 2002 Act: Provided , That of the amounts provided under this paragraph, $5,000,000 is transferred directly to the National Institute of Standards and Technology’s Office of Law Enforcement Standards from the National Institute of Justice for research, testing and evaluation programs; (3) $1,000,000 is for an evaluation clearinghouse program; and (4) $35,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act. State and local law enforcement assistance For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ) ( the 1994 Act ); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Justice for All Act of 2004 ( Public Law 108–405 ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the Victims of Trafficking and Violence Protection Act of 2000 ( Public Law 106–386 ); the NICS Improvement Amendments Act of 2007 (Public Law 110–180); subtitle D of title II of the Homeland Security Act of 2002 ( Public Law 107–296 ) ( the 2002 Act ); the Second Chance Act of 2007 ( Public Law 110–199 ); the Prioritizing Resources and Organization for Intellectual Property Act of 2008 ( Public Law 110–403 ); the Victims of Crime Act of 1984 ( Public Law 98–473 ); the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 ( Public Law 110–416 ); and other programs, $1,140,418,000, to remain available until expended as follows— (1) $392,418,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of title I of the 1968 Act shall not apply for purposes of this Act), of which, notwithstanding such subpart 1, $2,000,000 is for a program to improve State and local law enforcement intelligence capabilities including antiterrorism training and training to ensure that constitutional rights, civil liberties, civil rights, and privacy interests are protected throughout the intelligence process, $4,000,000 is for a State, local, and tribal assistance help desk and diagnostic center program, $5,000,000 is for a Preventing Violence Against Law Enforcement Officer Resilience and Survivability Initiative (VALOR), $6,000,000 is for a criminal justice reform and recidivism reduction program, and $4,000,000 is for use by the National Institute of Justice for research targeted toward developing a better understanding of the domestic radicalization phenomenon, and advancing evidence-based strategies for effective intervention and prevention; (2) $255,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(i)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i)(5) ): Provided , That no jurisdiction shall request compensation for any cost greater than the actual cost for Federal immigration and other detainees housed in State and local detention facilities; (3) $5,000,000 for a border prosecutor initiative to reimburse State, county, parish, tribal, or municipal governments for costs associated with the prosecution of criminal cases declined by local offices of the United States Attorneys; (4) $19,000,000 for competitive grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation); (5) $13,500,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of Public Law 106–386, and for programs authorized under Public Law 109–164 ; (6) $41,000,000 for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act; (7) $9,000,000 for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (Public Law 110–416); (8) $12,500,000 for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act; (9) $3,000,000 for the Capital Litigation Improvement Grant Program, as authorized by section 426 of Public Law 108–405 , and for grants for wrongful conviction review; (10) $9,000,000 for economic, high technology and Internet crime prevention grants, including as authorized by section 401 of Public Law 110–403 ; (11) $4,000,000 for a student loan repayment assistance program pursuant to section 952 of Public Law 110–315 ; (12) $20,000,000 for implementation of the Adam Walsh Act and related activities; (13) $13,000,000 for an initiative relating to children exposed to violence; (14) $18,000,000 for an Edward Byrne Memorial criminal justice innovation program; (15) $21,500,000 for the matching grant program for law enforcement armor vests, as authorized by section 2501 of title I of the 1968 Act: Provided , That $1,500,000 is transferred directly to the National Institute of Standards and Technology’s Office of Law Enforcement Standards for research, testing and evaluation programs; (16) $1,000,000 for the National Sex Offender Public Website; (17) $5,000,000 for competitive and evidence-based programs to reduce gun crime and gang violence; (18) $12,000,000 for grants to assist State and tribal governments and related activities, as authorized by the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ); (19) $6,000,000 for the National Criminal History Improvement Program for grants to upgrade criminal records; (20) $12,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act; (21) $125,000,000 for DNA-related and forensic programs and activities, of which— (A) $117,000,000 is for a DNA analysis and capacity enhancement program and for other local, State, and Federal forensic activities, including the purposes authorized under section 2 of the DNA Analysis Backlog Elimination Act of 2000 (the Debbie Smith DNA Backlog Grant Program): Provided , That up to 4 percent of funds made available under this paragraph may be used for the purposes described in the DNA Training and Education for Law Enforcement, Correctional Personnel, and Court Officers program ( Public Law 108–405 , section 303); (B) $4,000,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Program ( Public Law 108–405 , section 412); and (C) $4,000,000 is for Sexual Assault Forensic Exam Program Grants, including as authorized by section 304 of Public Law 108–405; (22) $6,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act; (23) $38,000,000 for assistance to Indian tribes; (24) $68,750,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 (Public Law 110–199), of which not to exceed $5,000,000 is for a program to improve State, local, and tribal probation supervision efforts and strategies; (25) $4,000,000 for a veterans treatment courts program; (26) $1,000,000 for the purposes described in the Missing Alzheimer’s Disease Patient Alert Program (section 240001 of the 1994 Act); (27) $7,000,000 for a program to monitor prescription drugs and scheduled listed chemical products; (28) $12,500,000 for prison rape prevention and prosecution grants to States and units of local government, and other programs, as authorized by the Prison Rape Elimination Act of 2003 ( Public Law 108–79 ); (29) $3,500,000 for emergency law enforcement assistance, as authorized by section 609M of the Justice Assistance Act of 1984 ( 42 U.S.C. 10513 ; Public Law 98–473 ); and (30) $2,750,000 to establish and operate a National Center for Campus Public Safety: Provided, That, if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public sector safety service. Juvenile justice programs For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 ( the 1974 Act ); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Missing Children's Assistance Act ( 42 U.S.C. 5771 et seq. ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108–21); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the PROTECT Our Children Act of 2008 ( Public Law 110–401 ); and other juvenile justice programs, $279,500,000, to remain available until expended as follows— (1) $44,000,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, nonprofit organizations with the Federal grants process: Provided , That of the amounts provided under this paragraph, $500,000 shall be for a competitive demonstration grant program to support emergency planning among State, local and tribal juvenile justice residential facilities; (2) $90,000,000 for youth mentoring grants; (3) $20,000,000 for delinquency prevention, as authorized by section 505 of the 1974 Act, of which, pursuant to sections 261 and 262 thereof— (A) $10,000,000 shall be for the Tribal Youth Program; (B) $5,000,000 shall be for gang and youth violence education, prevention and intervention, and related activities; and (C) $5,000,000 shall be for programs and activities to enforce State laws prohibiting the sale of alcoholic beverages to minors or the purchase or consumption of alcoholic beverages by minors, for prevention and reduction of consumption of alcoholic beverages by minors, and for technical assistance and training; (4) $19,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; (5) $25,000,000 for the Juvenile Accountability Block Grants program as authorized by part R of title I of the 1968 Act and Guam shall be considered a State; (6) $11,000,000 for community-based violence prevention initiatives; (7) $67,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 ( Public Law 110–401 ) shall not apply for purposes of this Act); (8) $1,500,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; and (9) $2,000,000 for grants and technical assistance in support of the National Forum on Youth Violence Prevention: Provided , That not more than 10 percent of each amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized: Provided further , That not more than 2 percent of the amounts designated under paragraphs (1) through (6), (8) and (9) may be used for training and technical assistance: Provided further , That the previous two provisos shall not apply to grants and projects authorized by sections 261 and 262 of the 1974 Act. Public safety officer benefits For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $16,300,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for such disability and education payments, the Attorney General may transfer such amounts to Public Safety Officer Benefits from available appropriations for the Department of Justice as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Community Oriented Policing Services Community Oriented Policing Services Programs For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); and the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ), $222,500,000, to remain available until expended: Provided , That any balances made available through prior year deobligations shall only be available in accordance with section 505 of this Act: Provided further , That of the amount provided— (1) $12,500,000 is for anti-methamphetamine-related activities, which shall be transferred to the Drug Enforcement Administration upon enactment of this Act; (2) $20,000,000 is for improving tribal law enforcement, including hiring, equipment, training, and anti-methamphetamine activities; and (3) $190,000,000 is for grants under section 1701 of title I of the 1968 Act ( 42 U.S.C. 3796dd ) for the hiring and rehiring of additional career law enforcement officers under part Q of such title notwithstanding subsection (i) of such section: Provided , That, notwithstanding section 1704(c) of such title ( 42 U.S.C. 3796dd–3(c) ), funding for hiring or rehiring a career law enforcement officer may not exceed $125,000 unless the Director of the Office of Community Oriented Policing Services grants a waiver from this limitation: Provided further , That within the amounts appropriated, $15,000,000 shall be transferred to the Tribal Resources Grant Program: Provided further , That of the amounts appropriated under this paragraph, $10,000,000 is for community policing development activities in furtherance of the purposes in section 1701. General Provisions—Department of Justice 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: Provided , That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided , That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. 206. The Attorney General is authorized to extend through September 30, 2014, the Personnel Management Demonstration Project transferred to the Attorney General pursuant to section 1115 of the Homeland Security Act of 2002 ( Public Law 107–296 ; 28 U.S.C. 599B ) without limitation on the number of employees or the positions covered. 207. Notwithstanding any other provision of law, during the current fiscal year and any fiscal year thereafter, section 102(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 ( Public Law 102–395 ) shall extend to the Bureau of Alcohol, Tobacco, Firearms and Explosives in the conduct of undercover investigative operations and shall apply with respect to any undercover investigative operation by the Bureau of Alcohol, Tobacco, Firearms and Explosives that is necessary for the detection and prosecution of crimes against the United States. 208. None of the funds made available to the Department of Justice in this Act may be used for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. 209. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. (b) Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs. 210. None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice. 211. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and accompanying statement, and to any use of deobligated balances of funds provided under this title in previous years. 212. None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A–76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated. 213. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 of title 28, United States Code. 214. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings Research, Evaluation and Statistics , State and Local Law Enforcement Assistance , and Juvenile Justice Programs — (1) up to 3 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; and (2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation or statistical purposes, without regard to the authorizations for such grant or reimbursement programs, and of such amounts, $1,300,000 shall be transferred to the Bureau of Prisons for Federal inmate research and evaluation purposes. 215. Upon request by a grantee for whom the Attorney General has determined there is a fiscal hardship, the Attorney General may, with respect to funds appropriated by this or any other Act making appropriations for fiscal years 2010 through 2013 for the following programs, waive the following requirements: (1) For the Adult and Juvenile Offender State and Local Reentry Demonstration Projects under part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w(g)(1) ), the requirements under section 2976(g)(1) of such part. (2) For State, Tribal, and Local Reentry Courts under part FF of title I of such Act of 1968 ( 42 U.S.C. 3797w–2(e)(1) and (2)), the requirements under section 2978(e)(1) and (2) of such part. (3) For the Prosecution Drug Treatment Alternatives to Prison Program under part CC of title I of such Act of 1968 (42 U.S.C. 3797q–3), the requirements under section 2904 of such part. (4) For Grants to Protect Inmates and Safeguard Communities under the Prison Rape Elimination Act of 2003 (42 U.S.C. 15605(c)(3)), the requirements of section 6(c)(3) of such Act. 216. Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 13709(a) ) shall not apply to amounts made available by this or any other Act. 217. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 218. (a) None of the income retained in the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation during fiscal year 2013. (b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation in fiscal year 2013, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. (c) Not to exceed $10,000,000 of the excess unobligated balances available under section 524(c)(8)(E) of title 28, United States Code, shall be available for obligation during fiscal year 2013, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. (d) Of amounts available in the Assets Forfeiture Fund in fiscal year 2013, $154,700,000 shall be for payments associated with joint law enforcement operations as authorized by section 524(c)(1)(I) of title 28, United States Code. (e) The Attorney General shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate not later than 45 days after the date of enactment of this Act detailing the planned distribution of Assets Forfeiture Fund joint law enforcement operations funding during fiscal year 2013. (f) Subsections (a) through (d) of this section shall sunset on September 30, 2013. This title may be cited as the Department of Justice Appropriations Act, 2013 . III Science Office of Science and Technology Policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ( 42 U.S.C. 6601 et seq. ), hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $5,850,000. National Aeronautics and Space Administration Science For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $5,144,000,000, to remain available until September 30, 2014, of which up to $14,500,000 shall be available for a reimbursable agreement with the Department of Energy for the purpose of re-establishing facilities to produce fuel required for radioisotope thermoelectric generators to enable future missions: Provided , That $75,000,000 shall be for pre-formulation and/or formulation activities for a mission that meets the science goals outlined for the Jupiter Europa mission in the most recent planetary science decadal survey: Provided further , That the formulation and development costs (with development cost as defined under section 30104 of title 51, United States Code) for the James Webb Space Telescope shall not exceed $8,000,000,000: Provided further , That should the individual identified under subsection (c)(2)(E) of section 30104 of title 51, United States Code, as responsible for the James Webb Space Telescope determine that the development cost of the program is likely to exceed that limitation, the individual shall immediately notify the Administrator and the increase shall be treated as if it meets the 30 percent threshold described in subsection (f) of section 30104. Aeronautics For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $570,000,000, to remain available until September 30, 2014. Space Technology For necessary expenses, not otherwise provided for, in the conduct and support of space research and technology development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $642,000,000, to remain available until September 30, 2014. Exploration For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,887,000,000, to remain available until September 30, 2014: Provided , That not less than $1,197,000,000 shall be for the Orion Multi-Purpose Crew Vehicle: Provided further , That not less than $1,857,000,000 shall be for the Space Launch System, which shall have a lift capability not less than 130 tons and which shall have an upper stage and other core elements developed simultaneously: Provided further , That of the funds made available for the Space Launch System, $1,454,200,000 shall be for launch vehicle development and $402,800,000 shall be for exploration ground systems: Provided further , That funds made available for the Orion Multi-Purpose Crew Vehicle and Space Launch System are in addition to funds provided for these programs under the Construction and Environmental Compliance and Restoration heading: Provided further , That $525,000,000 shall be for commercial spaceflight activities: Provided further , That $308,000,000 shall be for exploration research and development. Space operations For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control and communications activities, including operations, production, and services; maintenance and repair, facility planning and design; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $3,953,000,000, to remain available until September 30, 2014. Education For necessary expenses, not otherwise provided for, in carrying out aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $125,000,000, to remain available until September 30, 2014, of which $18,000,000 shall be for the Experimental Program to Stimulate Competitive Research and $40,000,000 shall be for the National Space Grant College program. Cross agency support For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $2,823,000,000, to remain available until September 30, 2014: Provided , That not less than $39,100,000 shall be available for independent verification and validation activities. Construction and environmental compliance and restoration For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $680,000,000, to remain available until September 30, 2018: Provided , That hereafter, notwithstanding section 315 of the National Aeronautics and Space Act of 1958 ( 51 U.S.C. 20145 ), all proceeds from leases entered into under that section shall be deposited into this account: Provided further , That such proceeds shall be available for a period of 5 years to the extent and in amounts as provided in annual appropriations Acts: Provided further , That such proceeds referred to in the two preceding provisos shall be available for obligation for fiscal year 2013 in an amount not to exceed $3,791,000: Provided further , That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 315 of the National Aeronautics and Space Act of 1958 (51 U.S.C. 20145). Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $38,000,000, of which $500,000 shall remain available until September 30, 2014. Administrative provisions Funds for announced prizes otherwise authorized shall remain available, without fiscal year limitation, until the prize is claimed or the offer is withdrawn. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The spending plan required by this Act shall be provided by NASA at the theme, program, project and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Section 30102(c) of title 51, United States Code, is amended— (1) in paragraph (2) by striking and at the end; (2) in paragraph (3) by striking the period at the end inserting ; and ; and (3) by adding at the end the following: (4) refunds or rebates received on an on-going basis from a credit card services provider under the National Aeronautics and Space Administration's credit card programs. . National Science Foundation Research and related activities For necessary expenses in carrying out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86–209 ( 42 U.S.C. 1880 et seq. ); services as authorized by section 3109 of title 5, United States Code; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $5,983,280,000, to remain available until September 30, 2014, of which not to exceed $500,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program: Provided , That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation: Provided further, That not less than $158,190,000 shall be available for activities authorized by section 7002(c)(2)(A)(iv) of Public Law 110–69 . Major research equipment and facilities construction For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), including authorized travel, $196,170,000, to remain available until expended: Provided , That none of the funds may be used to reimburse the Judgment Fund established under section 1304 of title 31, United States Code. Education and human resources For necessary expenses in carrying out science, mathematics and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), including services as authorized by section 3109 of title 5, United States Code, authorized travel, and rental of conference rooms in the District of Columbia, $895,610,000, to remain available until September 30, 2014: Provided , That not less than $54,890,000 shall be available until expended for activities authorized by section 7030 of Public Law 110–69 . Agency operations and award management For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ); services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; rental of conference rooms in the District of Columbia; and reimbursement of the Department of Homeland Security for security guard services; $299,400,000: Provided , That not to exceed $8,280 is for official reception and representation expenses: Provided further , That contracts may be entered into under this heading in fiscal year 2013 for maintenance and operation of facilities and for other services to be provided during the next fiscal year. Office of the national science board For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1863 ) and Public Law 86–209 (42 U.S.C. 1880 et seq.), $4,440,000: Provided , That not to exceed $2,500 shall be available for official reception and representation expenses. Office of inspector general For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $14,200,000, of which $400,000 shall remain available until September 30, 2014. Administrative Provision Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 15 percent by any such transfers. Any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. This title may be cited as the Science Appropriations Act, 2013 . IV Related Agencies Commission on Civil Rights Salaries and expenses (including transfer of funds) For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $9,400,000: Provided , That none of the funds appropriated in this paragraph shall be used to employ in excess of four full-time individuals under Schedule C of the Excepted Service exclusive of one special assistant for each Commissioner: Provided further , That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days: Provided further , That none of the funds appropriated in this paragraph shall be used for any activity or expense that is not explicitly authorized by section 3 of the Civil Rights Commission Act of 1983 ( 42 U.S.C. 1975a ): Provided further , That there shall be an Inspector General at the Commission on Civil Rights who shall have the duties, responsibilities, and authorities specified in the Inspector General Act of 1978: Provided further , That an individual appointed to the position of Inspector General of the Government Accountability Office (GAO) shall, by virtue of such appointment, also hold the position of Inspector General of the Commission on Civil Rights: Provided further , That the Inspector General of the Commission on Civil Rights shall utilize personnel of the Office of Inspector General of GAO in performing the duties of the Inspector General of the Commission on Civil Rights, and shall not appoint any individuals to positions within the Commission on Civil Rights: Provided further , That the Inspector General may waive any statutorily required reporting requirement (with the exception of the semiannual report required by section 5 of the Inspector General Act of 1978) upon a certification to the Committees on Appropriations of the House of Representatives and the Senate that such report is not necessary for effective oversight of the Commission: Provided further , That of the amounts made available in this paragraph, $450,000 shall be transferred directly to the Office of Inspector General of GAO upon enactment of this Act for salaries and expenses necessary to carry out the duties of the Inspector General of the Commission on Civil Rights. Equal Employment Opportunity Commission Salaries and expenses For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008 ( Public Law 110–233 ), the ADA Amendments Act of 2008 ( Public Law 110–325 ), and the Lilly Ledbetter Fair Pay Act of 2009 ( Public Law 111–2 ), including services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; nonmonetary awards to private citizens; and up to $29,500,000 for payments to State and local enforcement agencies for authorized services to the Commission, $370,000,000: Provided , That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,250 from available funds: Provided further , That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of the House of Representatives and the Senate have been notified of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the Chair is authorized to accept and use any gift or donation to carry out the work of the Commission. International Trade Commission Salaries and expenses For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, and not to exceed $2,250 for official reception and representation expenses, $83,000,000, to remain available until expended. Legal Services Corporation Payment to the legal services corporation For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $365,000,000, of which $339,400,000 is for basic field programs and required independent audits; $4,200,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $17,000,000 is for management and grants oversight; $3,400,000 is for client self-help and information technology; and $1,000,000 is for loan repayment assistance: Provided , That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC-based employees as authorized by section 5304 of title 5, United States Code, notwithstanding section 1005(d) of the Legal Services Corporation Act (42 U.S.C. 2996(d)): Provided further , That the authorities provided in section 205 of this Act shall be applicable to the Legal Services Corporation: Provided further , That, for the purposes of section 505 of this division, and section 3003 of division G, the Legal Services Corporation shall be considered an agency of the United States Government. Administrative provisions—legal services corporation None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119 , and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2012 and 2013, respectively. Section 501(a)(2)(A) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 ( Public Law 104–134 ) is amended by striking on the basis of the most recent decennial census of population conducted pursuant to section 141 of title 13, United States Code and inserting triennially by the Bureau of the Census, except that, with respect to fiscal year 2013, the change in allocation resulting from the amendment made to this subparagraph by the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013 shall only be half of the change which would otherwise result from that amendment in order to phase in the change over a 2 year period . Marine Mammal Commission Salaries and expenses For necessary expenses of the Marine Mammal Commission as authorized by title II of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ), $3,081,000. Office of the United States Trade Representative Salaries and expenses For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by section 3109 of title 5, United States Code, $51,251,000, of which $1,000,000 shall remain available until expended: Provided , That not to exceed $111,600 shall be available for official reception and representation expenses. State Justice Institute Salaries and expenses For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1984 ( 42 U.S.C. 10701 et seq. ) $5,121,000, of which $500,000 shall remain available until September 30, 2014: Provided , That not to exceed $2,250 shall be available for official reception and representation expenses: Provided further , That, for the purposes of section 505 of this Act, the State Justice Institute shall be considered an agency of the United States Government. V General Provisions (including rescissions) 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. 505. (a) Subject to subsections (b) and (c), none of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2013, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project or activity; (2) eliminates a program, project or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. (b) None of the funds provided under this Act to any agency of the Department of Justice, or provided under previous appropriations Acts to any agency of the Department of Justice that remain available for obligation or expenditure in fiscal year 2013, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project or activity; (2) eliminates a program, project or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 45 days in advance of such reprogramming of funds. (c) Subsection (b) of this section shall sunset on September 30, 2013. 506. (a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. (b) (1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories, or its possessions. (2) The term promotional items has the meaning given the term in OMB Circular A–87, Attachment B, Item (1)(f)(3). 507. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation. (b) The report described in subsection (a) shall be submitted within 30 days of the end of the first quarter of fiscal year 2013, and subsequent reports shall be submitted within 30 days of the end of each quarter thereafter. (c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled. 508. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided , That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further , That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 509. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. 510. Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 ( 42 U.S.C. 10601 ) in any fiscal year in excess of $730,000,000 shall not be available for obligation until the following fiscal year. 511. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 513. Any funds provided in this Act used to implement E-Government Initiatives shall be subject to the procedures set forth in section 505 of this Act. 514. (a) Tracing studies conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released without adequate disclaimers regarding the limitations of the data. (b) For fiscal year 2013 and thereafter, the Bureau of Alcohol, Tobacco, Firearms and Explosives shall include in all such data releases, language similar to the following that would make clear that trace data cannot be used to draw broad conclusions about firearms-related crime: (1) Firearm traces are designed to assist law enforcement authorities in conducting investigations by tracking the sale and possession of specific firearms. Law enforcement agencies may request firearms traces for any reason, and those reasons are not necessarily reported to the Federal Government. Not all firearms used in crime are traced and not all firearms traced are used in crime. (2) Firearms selected for tracing are not chosen for purposes of determining which types, makes, or models of firearms are used for illicit purposes. The firearms selected do not constitute a random sample and should not be considered representative of the larger universe of all firearms used by criminals, or any subset of that universe. Firearms are normally traced to the first retail seller, and sources reported for firearms traced do not necessarily represent the sources or methods by which firearms in general are acquired for use in crime. 515. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed. (b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude— (1) any matter described in section 552(b) of title 5, United States Code; and (2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes. (c) A grant or contract funded by amounts appropriated by this Act may not be used for the purpose of defraying the costs of a banquet or conference that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a banquet or conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (d) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract. (e) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities. 516. (a) None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire an information technology system unless the head of the entity involved, in consultation with the Federal Bureau of Investigation or other appropriate Federal entity, has made an assessment of any associated risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured or assembled by one or more entities that are owned, directed or subsidized by the People's Republic of China. (b) None of the funds appropriated or otherwise made available under this Act may be used to acquire an information technology system described in an assessment required by subsection (a) and produced, manufactured or assembled by one or more entities that are owned, directed or subsidized by the People's Republic of China unless the head of the assessing entity described in subsection (a) determines, and reports that determination to the Committees on Appropriations of the House of Representatives and the Senate, that the acquisition of such system is in the national interest of the United States. 517. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. 518. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles. (b) The foregoing exemption from obtaining an export license— (1) does not exempt an exporter from filing any Shipper's Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and (2) does not permit the export without a license of— (A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; (B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or (C) articles for export from Canada to another foreign destination. (c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. (d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased. 519. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import United States origin curios or relics firearms, parts, or ammunition. 520. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of— (1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement; (2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or (3) paragraph 4 of article 15.9 of the United States-Morocco Free Trade Agreement. 521. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act; The Electronic Communications Privacy Act; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; and the laws amended by these Acts. 522. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project's management structure is adequate to control total project or procurement costs. 523. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2013 until the enactment of the Intelligence Authorization Act for fiscal year 2013. 524. The Departments, agencies, and commissions funded under this Act, shall establish and maintain on the homepages of their Internet websites— (1) a direct link to the Internet websites of their Offices of Inspectors General; and (2) a mechanism on the Offices of Inspectors General website by which individuals may anonymously report cases of waste, fraud, or abuse with respect to those Departments, agencies, and commissions. 525. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (rescissions) 526. (a) Of the unobligated balances available to the Department of Justice, the following funds are hereby rescinded, not later than September 30, 2013, from the following accounts in the specified amounts— (1) Working Capital Fund , $26,000,000; (2) Legal Activities, Assets Forfeiture Fund , $722,697,000; (3) Bureau of Alcohol, Tobacco, Firearms and Explosives, Violent Crime Reduction Program , $1,028,000; (4) Federal Prison System, Buildings and Facilities , $64,700,000; (5) State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and Prosecution Programs , $12,000,000; (6) State and Local Law Enforcement Activities, Office of Justice Programs , $43,000,000; and (7) State and Local Law Enforcement Activities, Community Oriented Policing Services , $12,200,000. (b) The Department of Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2013, specifying the amount of each rescission made pursuant to subsection (a). 527. None of the funds appropriated or otherwise made available in this Act may be used in a manner that is inconsistent with the principal negotiating objective of the United States with respect to trade remedy laws to preserve the ability of the United States— (1) to enforce vigorously its trade laws, including antidumping, countervailing duty, and safeguard laws; (2) to avoid agreements that— (A) lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies; or (B) lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; and (3) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market-access barriers. 528. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations. 529. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency at any single conference occurring outside the United States, unless such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States. 530. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 531. (a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. 532. None of the funds made available under this Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries. 533. To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are Energy Star qualified or have the Federal Energy Management Program designation. 534. The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States Government receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following: (1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. (2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts. (3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States. (4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts. 535. (a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA) or the Office of Science and Technology Policy (OSTP) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act. (b) The limitation in subsection (a) shall also apply to any funds used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA. (c) The limitations described in subsections (a) and (b) shall not apply to activities which NASA or OSTP has certified— (1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and (2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights. (d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major participants, and its location and timing. 536. None of the funds made available in this Act may be used to relocate the Bureau of the Census or employees from the Department of Commerce to the jurisdiction of the Executive Office of the President. 537. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, and the National Science Foundation shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this Act. 538. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if— (1) all other requirements of law with respect to the proposed importation are met; and (2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes. 539. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 540. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 541. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 542. None of the funds made available by this Act may be used to pay the salary of any officer or employee of the Department of Commerce who uses amounts in the Fisheries Enforcement Asset Forfeiture Fund of the National Oceanic and Atmospheric Administration that consists of the sums described in section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861(e)(1) ) for any purpose other than a purpose specifically authorized under such section. 543. (a) None of the funds made available by this Act may be used to carry out the functions of the Political Science Program in the Division of Social and Economic Sciences of the Directorate for Social, Behavioral, and Economic Sciences of the National Science Foundation, except for research projects that the Director of the National Science Foundation certifies as promoting national security or the economic interests of the United States. (b) The Director of the National Science Foundation shall publish a statement of the reason for each certification made pursuant to subsection (a) on the public website of the National Science Foundation. (c) Any unobligated balances for the Political Science Program described in subsection (a) may be provided for other scientific research and studies that do not duplicate those being funded by other Federal agencies. This division may be cited as the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013 . C Department of Defense Appropriations Act, 2013 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2013, for military functions administered by the Department of Defense and for other purposes, namely: I Military personnel Military personnel, Army For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty, (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $40,199,263,000. Military personnel, Navy For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377, as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $26,902,346,000. Military personnel, Marine Corps For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $12,531,549,000. Military personnel, Air Force For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $28,052,826,000. Reserve personnel, Army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 10211, 10302, and 3038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $4,456,823,000. Reserve personnel, Navy For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1,874,023,000. Reserve personnel, Marine Corps For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $658,251,000. Reserve personnel, Air Force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 10211, 10305, and 8038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1,722,425,000. National Guard personnel, Army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under section 10211, 10302, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $7,981,577,000. National Guard personnel, Air Force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under section 10211, 10305, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $3,153,990,000. II Operation and maintenance Operation and maintenance, Army For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $12,478,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes, $35,409,260,000. Operation and maintenance, Navy For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $14,804,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes, $41,614,453,000. Operation and maintenance, Marine Corps For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, $6,034,963,000. Operation and maintenance, Air Force For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and not to exceed $7,699,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes, $34,780,406,000. Operation and maintenance, Defense-Wide (Including transfer of funds) For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $31,862,980,000: Provided , That not more than $30,000,000 may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code: Provided further , That not to exceed $36,000,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided further , That of the funds provided under this heading, not less than $36,480,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available for centers defined in 10 U.S.C. 2411(1)(D): Provided further , That none of the funds appropriated or otherwise made available by this Act may be used to plan or implement the consolidation of a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces into a legislative affairs or legislative liaison office: Provided further , That $8,563,000, to remain available until expended, is available only for expenses relating to certain classified activities, and may be transferred as necessary by the Secretary of Defense to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and to be available for the same time period as the appropriations to which transferred: Provided further , That any ceiling on the investment item unit cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding proviso: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Operation and maintenance, Army Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,182,923,000. Operation and maintenance, Navy Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $1,256,347,000. Operation and maintenance, Marine Corps Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $277,377,000. Operation and maintenance, Air Force Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,261,324,000. Operation and maintenance, Army National Guard For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft), $7,154,161,000. Operation and maintenance, Air National Guard For expenses of training, organizing, and administering the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; transportation of things, hire of passenger motor vehicles; supplying and equipping the Air National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $6,494,326,000. United States Court of Appeals for the Armed Forces For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces, $13,516,000, of which not to exceed $5,000 may be used for official representation purposes. Environmental restoration, Army (Including transfer of funds) For the Department of the Army, $335,921,000, to remain available until transferred: Provided , That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Army, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental restoration, Navy (Including transfer of funds) For the Department of the Navy, $310,594,000, to remain available until transferred: Provided , That the Secretary of the Navy shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Navy, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental restoration, Air Force (Including transfer of funds) For the Department of the Air Force, $529,263,000, to remain available until transferred: Provided , That the Secretary of the Air Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Air Force, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental restoration, Defense-Wide (Including transfer of funds) For the Department of Defense, $11,133,000, to remain available until transferred: Provided , That the Secretary of Defense shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of Defense or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of Defense, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental restoration, formerly used defense sites (Including transfer of funds) For the Department of the Army, $287,543,000, to remain available until transferred: Provided , That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Overseas Humanitarian, Disaster, and Civic Aid For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department of Defense (consisting of the programs provided under sections 401, 402, 404, 407, 2557, and 2561 of title 10, United States Code), $108,759,000, to remain available until September 30, 2014. Cooperative threat reduction account For assistance to the republics of the former Soviet Union and, with appropriate authorization by the Department of Defense and Department of State, to countries outside of the former Soviet Union, including assistance provided by contract or by grants, for facilitating the elimination and the safe and secure transportation and storage of nuclear, chemical and other weapons; for establishing programs to prevent the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons components and weapons technology and expertise, and for defense and military contacts, $519,111,000, to remain available until September 30, 2015. Department of Defense Acquisition Workforce Development Fund For the Department of Defense Acquisition Workforce Development Fund, $50,198,000. III Procurement Aircraft procurement, Army For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $6,028,754,000, to remain available for obligation until September 30, 2015. Missile procurement, Army For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,535,433,000, to remain available for obligation until September 30, 2015. Procurement of weapons and tracked combat vehicles, Army For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,857,823,000, to remain available for obligation until September 30, 2015. Procurement of ammunition, Army For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,641,306,000, to remain available for obligation until September 30, 2015. Other procurement, Army For construction, procurement, production, and modification of vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $5,741,664,000, to remain available for obligation until September 30, 2015. Aircraft procurement, Navy For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $17,382,152,000, to remain available for obligation until September 30, 2015. Weapons procurement, Navy For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $3,036,871,000, to remain available for obligation until September 30, 2015. Procurement of ammunition, Navy and Marine Corps For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $659,897,000, to remain available for obligation until September 30, 2015. Shipbuilding and conversion, Navy For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long lead time components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows: Carrier Replacement Program, $565,371,000; Virginia Class Submarine, $3,217,601,000; Virginia Class Submarine (AP), $1,652,557,000; CVN Refuelings, $1,613,392,000; CVN Refuelings (AP), $70,010,000; DDG–1000 Program, $669,222,000; DDG–51 Destroyer, $4,036,628,000; DDG–51 Destroyer (AP), $466,283,000; Littoral Combat Ship, $1,784,959,000; LPD–17 (AP), $263,255,000; Joint High Speed Vessel, $189,196,000; Moored Training Ship, $307,300,000; LCAC Service Life Extension Program, $85,830,000; and For outfitting, post delivery, conversions, and first destination transportation, $290,035,000. Completion of Prior Year Shipbuilding Programs, $372,573,000. In all: $15,584,212,000, to remain available for obligation until September 30, 2017: Provided , That additional obligations may be incurred after September 30, 2017, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction: Provided further , That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further , That none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards. Other procurement, Navy For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $5,955,078,000, to remain available for obligation until September 30, 2015. Procurement, Marine Corps For expenses necessary for the procurement, manufacture, and modification of missiles, armament, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, $1,411,411,000, to remain available for obligation until September 30, 2015. Aircraft procurement, Air Force For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $11,774,019,000, to remain available for obligation until September 30, 2015. Missile procurement, Air Force For construction, procurement, and modification of missiles, spacecraft, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $4,962,376,000, to remain available for obligation until September 30, 2015. Procurement of ammunition, Air Force For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $594,694,000, to remain available for obligation until September 30, 2015. Other procurement, Air Force For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; lease of passenger motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $17,082,508,000, to remain available for obligation until September 30, 2015. Procurement, defense-Wide For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $4,878,985,000, to remain available for obligation until September 30, 2015. Defense production act purchases For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 ( 50 U.S.C. App. 2078 , 2091, 2092, and 2093), $223,531,000, to remain available until expended. IV Research, development, test and evaluation Research, development, test and evaluation, Army For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $8,676,627,000, to remain available for obligation until September 30, 2014. Research, development, test and evaluation, Navy For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $16,963,398,000, to remain available for obligation until September 30, 2014: Provided , That funds appropriated in this paragraph which are available for the V–22 may be used to meet unique operational requirements of the Special Operations Forces: Provided further , That funds appropriated in this paragraph shall be available for the Cobra Judy program. Research, development, test and evaluation, Air Force For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $25,432,738,000, to remain available for obligation until September 30, 2014. Research, development, test and evaluation, defense-Wide (Including transfer of funds) For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, $18,631,946,000, to remain available for obligation until September 30, 2014: Provided , That of the funds made available in this paragraph, $250,000,000 for the Defense Rapid Innovation Program shall only be available for expenses, not otherwise provided for, to include program management and oversight, to conduct research, development, test and evaluation to include proof of concept demonstration; engineering, testing, and validation; and transition to full-scale production: Provided further , That the Secretary of Defense may transfer funds provided herein for the Defense Rapid Innovation Program to appropriations for research, development, test and evaluation to accomplish the purpose provided herein: Provided further , That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further , That the Secretary of Defense shall, not fewer than 30 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer. Operational test and evaluation, defense For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith, $223,768,000, to remain available for obligation until September 30, 2014. V Revolving and management funds Defense working capital funds For the Defense Working Capital Funds, $1,516,184,000. National defense sealift fund For National Defense Sealift Fund programs, projects, and activities, and for expenses of the National Defense Reserve Fleet, as established by section 11 of the Merchant Ship Sales Act of 1946 ( 50 U.S.C. App. 1744 ), and for the necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $697,840,000, to remain available until expended: Provided , That none of the funds provided in this paragraph shall be used to award a new contract that provides for the acquisition of any of the following major components unless such components are manufactured in the United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard cranes: Provided further , That the exercise of an option in a contract awarded through the obligation of previously appropriated funds shall not be considered to be the award of a new contract: Provided further , That the Secretary of the military department responsible for such procurement may waive the restrictions in the first proviso on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes. VI Other Department of Defense programs Defense health program For expenses, not otherwise provided for, for medical and health care programs of the Department of Defense as authorized by law, $32,715,304,000; of which $30,885,165,000 shall be for operation and maintenance, of which not to exceed one percent shall remain available until September 30, 2014, and of which up to $15,934,952,000 may be available for contracts entered into under the TRICARE program; of which $521,762,000, to remain available for obligation until September 30, 2015, shall be for procurement; and of which $1,308,377,000, to remain available for obligation until September 30, 2014, shall be for research, development, test and evaluation: Provided , That, notwithstanding any other provision of law, of the amount made available under this heading for research, development, test and evaluation, not less than $8,000,000 shall be available for HIV prevention educational activities undertaken in connection with United States military training, exercises, and humanitarian assistance activities conducted primarily in African nations: Provided further , That of the funds provided to develop a joint Department of Defense—Department of Veterans Affairs (DOD–VA) integrated Electronic Health Record, not more than 25 percent may be obligated until the DOD–VA Interagency Program Office submits to the Committees on Appropriations of both Houses of Congress, and such Committees approve, a plan for expenditure that: (1) defines the budget and cost baseline for development of the integrated Electronic Health Record; (2) identifies the deployment timeline for the system for both agencies; (3) breaks out annual and total spending for each Department; (4) relays detailed cost-sharing business rules; (5) establishes data standardization schedules between the Departments; (6) has been submitted to the Government Accountability Office for review; and (7) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government. Chemical agents and munitions destruction, Defense For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with the provisions of section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ), and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, $1,301,786,000, of which $635,843,000 shall be for operation and maintenance, of which no less than $53,948,000 shall be for the Chemical Stockpile Emergency Preparedness Program, consisting of $22,214,000 for activities on military installations and $31,734,000, to remain available until September 30, 2014, to assist State and local governments; $18,592,000 shall be for procurement, to remain available until September 30, 2015, of which $1,823,000 shall be for the Chemical Stockpile Emergency Preparedness Program to assist State and local governments; and $647,351,000, to remain available until September 30, 2014, shall be for research, development, test and evaluation, of which $627,705,000 shall only be for the Assembled Chemical Weapons Alternatives (ACWA) program. Drug interdiction and counter-Drug activities, Defense (Including transfer of funds) For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United States Code; for operation and maintenance; for procurement; and for research, development, test and evaluation, $1,159,263,000: Provided , That the funds appropriated under this heading shall be available for obligation for the same time period and for the same purpose as the appropriation to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority contained elsewhere in this Act. Office of the Inspector General For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $350,321,000, of which $347,621,000 shall be for operation and maintenance, of which not to exceed $700,000 is available for emergencies and extraordinary expenses to be expended on the approval or authority of the Inspector General, and payments may be made on the Inspector General's certificate of necessity for confidential military purposes; and of which $2,700,000, to remain available until September 30, 2015, shall be for procurement. VII Related agencies Central Intelligence Agency Retirement and Disability System Fund For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain the proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System, $514,000,000. Intelligence Community Management Account For necessary expenses of the Intelligence Community Management Account, $534,421,000. VIII General provisions 8001. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense: Provided , That salary increases granted to direct and indirect hire foreign national employees of the Department of Defense funded by this Act shall not be at a rate in excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5, United States Code, or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further , That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980: Provided further , That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey. 8003. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein. 8004. No more than 20 percent of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year: Provided , That this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers’ Training Corps. (transfer of funds) 8005. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $4,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided , That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further , That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority in this Act: Provided further , That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further , That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2013: Provided further , That transfers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under this section. 8006. (a) With regard to the list of specific programs, projects, and activities (and the dollar amounts and adjustments to budget activities corresponding to such programs, projects, and activities) contained in the tables titled Explanation of Project Level Adjustments in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), the obligation and expenditure of amounts appropriated or otherwise made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts requested are hereby required by law to be carried out in the manner provided by such tables to the same extent as if the tables were included in the text of this Act. (b) Amounts specified in the referenced tables described in subsection (a) shall not be treated as subdivisions of appropriations for purposes of section 8005 of this Act: Provided , That section 8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts. 8007. (a) Not later than 60 days after enactment of this Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2013: Provided , That the report shall include— (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by budget activity and program, project, and activity as detailed in the Budget Appendix; and (3) an identification of items of special congressional interest. (b) Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional defense committees, unless the Secretary of Defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement. (transfer of funds) 8008. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided , That transfers may be made between such funds: Provided further , That transfers may be made between working capital funds and the Foreign Currency Fluctuations, Defense appropriation and the Operation and Maintenance appropriation accounts in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that such transfers may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. 8009. Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 calendar days in advance to the congressional defense committees. 8010. None of the funds provided in this Act shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at least 30 days in advance of the proposed contract award: Provided , That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government’s liability: Provided further , That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further , That no multiyear procurement contract can be terminated without 10-day prior notification to the congressional defense committees: Provided further , That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: Provided further , That none of the funds provided in this Act may be used for a multiyear contract executed after the date of the enactment of this Act unless in the case of any such contract— (1) the Secretary of Defense has submitted to Congress a budget request for full funding of units to be procured through the contract and, in the case of a contract for procurement of aircraft, that includes, for any aircraft unit to be procured through the contract for which procurement funds are requested in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full funding of procurement of such unit in that fiscal year; (2) cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract; (3) the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and (4) the contract does not provide for a price adjustment based on a failure to award a follow-on contract. Funds appropriated in title III of this Act may be used for a multiyear procurement contract as follows: F/A–18E, F/A–18F, and EA–18G aircraft; up to 10 DDG–51 Arleigh Burke class Flight IIA guided missile destroyers, as well as the AEGIS Weapon Systems, MK 41 Vertical Launching Systems, and Commercial Broadband Satellite Systems associated with those vessels; SSN–774 Virginia class submarine and government-furnished equipment; CH–47 Chinook helicopter; and V–22 Osprey aircraft variants. 8011. Within the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code. Such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted in section 401 of chapter 20 of title 10, United States Code, and these obligations shall be reported as required by section 401(d) of title 10, United States Code: Provided , That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99–239 : Provided further , That upon a determination by the Secretary of the Army that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam. 8012. (a) During fiscal year 2013, the civilian personnel of the Department of Defense may not be managed on the basis of any end-strength, and the management of such personnel during that fiscal year shall not be subject to any constraint or limitation (known as an end-strength) on the number of such personnel who may be employed on the last day of such fiscal year. (b) The fiscal year 2014 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2014 Department of Defense budget request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to fiscal year 2014. (c) Nothing in this section shall be construed to apply to military (civilian) technicians. 8013. None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress. 8014. None of the funds appropriated by this Act shall be available for the basic pay and allowances of any member of the Army participating as a full-time student and receiving benefits paid by the Secretary of Veterans Affairs from the Department of Defense Education Benefits Fund when time spent as a full-time student is credited toward completion of a service commitment: Provided , That this section shall not apply to those members who have reenlisted with this option prior to October 1, 1987: Provided further , That this section applies only to active components of the Army. (transfer of funds) 8015. Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protégé Program may be transferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protégé Program developmental assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 ; 10 U.S.C. 2302 note), as amended, under the authority of this provision or any other transfer authority contained in this Act. 8016. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain 4 inches in diameter and under unless the anchor and mooring chain are manufactured in the United States from components which are substantially manufactured in the United States: Provided , That for the purpose of this section, the term manufactured shall include cutting, heat treating, quality control, testing of chain and welding (including the forging and shot blasting process): Provided further , That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further , That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations that such an acquisition must be made in order to acquire capability for national security purposes. 8017. None of the funds available to the Department of Defense may be used to demilitarize or dispose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited from commercial sale under Federal law, unless the small arms ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for further use. 8018. No more than $500,000 of the funds appropriated or made available in this Act shall be used during a single fiscal year for any single relocation of an organization, unit, activity or function of the Department of Defense into or within the National Capital Region: Provided , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the congressional defense committees that such a relocation is required in the best interest of the Government. 8019. In addition to the funds provided elsewhere in this Act, $15,000,000 is appropriated only for incentive payments authorized by section 504 of the Indian Financing Act of 1974 ( 25 U.S.C. 1544 ): Provided , That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 ( 25 U.S.C. 1544 ) whenever the prime contract or subcontract amount is over $500,000 and involves the expenditure of funds appropriated by an Act making Appropriations for the Department of Defense with respect to any fiscal year: Provided further , That notwithstanding section 1906 of title 41, United States Code, this section shall be applicable to any Department of Defense acquisition of supplies or services, including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code. 8020. Funds appropriated by this Act for the Defense Media Activity shall not be used for any national or international political or psychological activities. 8021. During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified in section 2350j(c) of title 10, United States Code, in anticipation of receipt of contributions, only from the Government of Kuwait, under that section: Provided , That upon receipt, such contributions from the Government of Kuwait shall be credited to the appropriations or fund which incurred such obligations. 8022. (a) Of the funds made available in this Act, not less than $38,634,000 shall be available for the Civil Air Patrol Corporation, of which— (1) $28,404,000 shall be available from Operation and Maintenance, Air Force to support Civil Air Patrol Corporation operation and maintenance, readiness, counterdrug activities, and drug demand reduction activities involving youth programs; (2) $9,298,000 shall be available from Aircraft Procurement, Air Force ; and (3) $932,000 shall be available from Other Procurement, Air Force for vehicle procurement. (b) The Secretary of the Air Force should waive reimbursement for any funds used by the Civil Air Patrol for counter-drug activities in support of Federal, State, and local government agencies. 8023. (a) None of the funds appropriated in this Act are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), either as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other nonprofit entities. (b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal year: Provided , That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties. (c) Notwithstanding any other provision of law, none of the funds available to the department from any source during fiscal year 2013 may be used by a defense FFRDC, through a fee or other payment mechanism, for construction of new buildings, for payment of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community service and/or development. (d) Notwithstanding any other provision of law, of the funds available to the department during fiscal year 2013, not more than 5,750 staff years of technical effort (staff years) may be funded for defense FFRDCs: Provided ; That of the specific amount referred to previously in this subsection, not more than 1,125 staff years may be funded for the defense studies and analysis FFRDCs: Provided further , That this subsection shall not apply to staff years funded in the National Intelligence Program (NIP) and the Military Intelligence Program (MIP). (e) The Secretary of Defense shall, with the submission of the department’s fiscal year 2014 budget request, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC during that fiscal year and the associated budget estimates. 8024. None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy, or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada: Provided , That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate: Provided further , That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further , That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act. 8025. For the purposes of this Act, the term congressional defense committees means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. 8026. During the current fiscal year, the Department of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities and private firms: Provided , That the Senior Acquisition Executive of the military department or Defense Agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further , That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section. 8027. (a) (1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary’s blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country. (2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country. (b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2013. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreement Act of 1979 ( 19 U.S.C. 2501 et seq. ), or any international agreement to which the United States is a party. (c) For purposes of this section, the term Buy American Act means chapter 83 of title 41, United States Code. 8028. During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment Recovery Account established by section 2921(c)(1) of the National Defense Authorization Act of 1991 ( Public Law 101–510 ; 10 U.S.C. 2687 note) shall be available until expended for the payments specified by section 2921(c)(2) of that Act. 8029. (a) Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units located at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air Force Base that are excess to the needs of the Air Force. (b) The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under subsection (a) in accordance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington. Any such conveyance shall be subject to the condition that the housing units shall be removed within a reasonable period of time, as determined by the Secretary. (c) The Operation Walking Shield Program shall resolve any conflicts among requests of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under subsection (b). (d) In this section, the term Indian tribe means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 ( Public Law 103–454 ; 108 Stat. 4792; 25 U.S.C. 479a–1 ). 8030. During the current fiscal year, appropriations which are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item unit cost of not more than $250,000. 8031. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during fiscal year 1994 and if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement. (b) The fiscal year 2014 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2014 Department of Defense budget shall be prepared and submitted to the Congress on the basis that any equipment which was classified as an end item and funded in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2014 procurement appropriation and not in the supply management business area or any other area or category of the Department of Defense Working Capital Funds. 8032. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2014: Provided , That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended: Provided further , That any funds appropriated or transferred to the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National Security Act of 1947, as amended, shall remain available until September 30, 2014. 8033. Notwithstanding any other provision of law, funds made available in this Act for the Defense Intelligence Agency may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands. 8034. Of the funds appropriated to the Department of Defense under the heading Operation and Maintenance, Defense-Wide , not less than $12,000,000 shall be made available only for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities. 8035. (a) None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act. For purposes of this subsection, the term Buy American Act means chapter 83 of title 41, United States Code. (b) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a Made in America inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense. (c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products, provided that American-made equipment and products are cost-competitive, quality competitive, and available in a timely fashion. 8036. None of the funds appropriated by this Act shall be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement determines— (1) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work; (2) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source; or (3) the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support: Provided , That this limitation shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. 8037. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used— (1) to establish a field operating agency; or (2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee’s place of duty remains at the location of that headquarters. (b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department. (c) This section does not apply to— (1) field operating agencies funded within the National Intelligence Program; (2) an Army field operating agency established to eliminate, mitigate, or counter the effects of improvised explosive devices, and, as determined by the Secretary of the Army, other similar threats; or (3) an Army field operating agency established to improve the effectiveness and efficiencies of biometric activities and to integrate common biometric technologies throughout the Department of Defense. 8038. None of the funds made available in this Act may be used to approve or license the sale of the F–22A advanced tactical fighter to any foreign government: Provided , That the Department of Defense may conduct or participate in studies, research, design and other activities to define and develop a future export version of the F–22A that protects classified and sensitive information, technologies and U.S. warfighting capabilities. 8039. (a) None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the enactment of this Act, is performed by Department of Defense civilian employees unless— (1) the conversion is based on the result of a public-private competition that includes a most efficient and cost effective organization plan developed by such activity or function; (2) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the Department of Defense by an amount that equals or exceeds the lesser of— (A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or (B) $10,000,000; and (3) the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense by— (A) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract; or (B) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Department of Defense for health benefits for civilian employees under chapter 89 of title 5, United States Code. (b) (1) The Department of Defense, without regard to subsection (a) of this section or subsection (a), (b), or (c) of section 2461 of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that— (A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O’Day Act ( section 8503 of title 41, United States Code); (B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or (C) is planned to be converted to performance by a qualified firm under at least 51 percent ownership by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) ), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small Business Act ( 15 U.S.C. 637(a)(15) ). (2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code. (c) The conversion of any activity or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive or outsourcing goal, target, or measurement that may be established by statute, regulation, or policy and is deemed to be awarded under the authority of, and in compliance with, subsection (h) of section 2304 of title 10, United States Code, for the competition or outsourcing of commercial activities. (rescissions) 8040. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Shipbuilding and Conversion, Navy, 2007/ 2018 : DDG–51 Destroyer, $98,400,000; Shipbuilding and Conversion, Navy, 2007/ 2018 : DDG–51 Destroyer Advance Procurement, $2,500,000; Shipbuilding and Conversion, Navy, 2007/ 2018 : CVN Refueling Overhaul, $14,100,000; Procurement of Ammunition, Army, 2011/ 2013 , $14,862,000; Other Procurement, Army, 2011/2013 , $108,098,000; Aircraft Procurement, Navy, 2011/2013 , $43,860,000; Shipbuilding and Conversion, Navy, 2011/ 2015 : DDG–51 Destroyer, $215,300,000; Weapons Procurement, Navy, 2011/2013 , $22,000,000; Aircraft Procurement, Air Force, 2011/2013 , $93,400,000; Other Procurement, Air Force, 2011/2013 , $9,500,000; Operation and Maintenance, Defense-Wide, 2012/XXXX , $21,000,000; Aircraft Procurement, Army, 2012/2014 , $47,400,000; Other Procurement, Army, 2012/2014 , $179,608,000; Aircraft Procurement, Navy, 2012/2014 , $19,040,000; Shipbuilding and Conversion, Navy, 2012/ 2016 : Littoral Combat Ship, $28,800,000; Shipbuilding and Conversion, Navy, 2012/ 2016 : DDG–51 Destroyer, $83,000,000; Weapons Procurement, Navy, 2012/2014 , $36,467,000; Procurement of Ammunition, Navy and Marine Corps, 2012/2014 , $16,300,000; Procurement, Marine Corps, 2012/2014 , $132,555,000; Aircraft Procurement, Air Force, 2012/2014 , $394,299,000; Missile Procurement, Air Force, 2012/2014 , $52,898,000; Other Procurement, Air Force, 2012/2014 , $55,800,000; Procurement, Defense-Wide, 2012/2014 , $16,000,000; Research, Development, Test and Evaluation, Army, 2012/2013 , $41,000,000; Research, Development, Test and Evaluation, Navy, 2012/2013 , $246,800,000; Research, Development, Test and Evaluation, Air Force, 2012/2013 , $149,460,000. 8041. None of the funds available in this Act may be used to reduce the authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure. 8042. None of the funds appropriated or otherwise made available in this Act may be obligated or expended for assistance to the Democratic People’s Republic of Korea unless specifically appropriated for that purpose. 8043. Funds appropriated in this Act for operation and maintenance of the Military Departments, Combatant Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to Combatant Commands, Defense 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. 8044. During the current fiscal year, none of the funds appropriated in this Act may be used to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level: Provided , That the Service Surgeons General may waive this section by certifying to the congressional defense committees that the beneficiary population is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and capitation-based budgeting. 8045. (a) None of the funds available to the Department of Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law. (b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction and counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law. 8046. None of the funds appropriated by this Act may be used for the procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin: Provided , That the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further , That this restriction shall not apply to the purchase of commercial items , as defined by section 4(12) of the Office of Federal Procurement Policy Act, except that the restriction shall apply to ball or roller bearings purchased as end items. 8047. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers. 8048. None of the funds made available in this or any other Act may be used to pay the salary of any officer or employee of the Department of Defense who approves or implements the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act without the express authorization of Congress: Provided , That this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense. 8049. (a) Notwithstanding any other provision of law, none of the funds available to the Department of Defense for the current fiscal year may be obligated or expended to transfer to another nation or an international organization any defense articles or services (other than intelligence services) for use in the activities described in subsection (b) unless the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate are notified 15 days in advance of such transfer. (b) This section applies to— (1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the United Nations Charter under the authority of a United Nations Security Council resolution; and (2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation. (c) A notice under subsection (a) shall include the following: (1) A description of the equipment, supplies, or services to be transferred. (2) A statement of the value of the equipment, supplies, or services to be transferred. (3) In the case of a proposed transfer of equipment or supplies— (A) a statement of whether the inventory requirements of all elements of the Armed Forces (including the reserve components) for the type of equipment or supplies to be transferred have been met; and (B) a statement of whether the items proposed to be transferred will have to be replaced and, if so, how the President proposes to provide funds for such replacement. 8050. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of any amount paid by the contractor to an employee when— (1) such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and (2) such bonus is part of restructuring costs associated with a business combination. (including transfer of funds) 8051. During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading Operation and Maintenance, Defense-Wide may be transferred to appropriations available for the pay of military personnel, to be merged with, and to be available for the same time period as the appropriations to which transferred, to be used in support of such personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant to section 2012 of title 10, United States Code. 8052. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed under the provisions of section 1552 of title 31, United States Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be charged to any current appropriation account for the same purpose as the expired or closed account if— (1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the end of the period of availability or closing of that account; (2) the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense; and (3) in the case of an expired account, the obligation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101–510 , as amended ( 31 U.S.C. 1551 note): Provided , That in the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a current account under the authority of this section shall be reversed and recorded against the expired account: Provided further , That the total amount charged to a current appropriation under this section may not exceed an amount equal to 1 percent of the total appropriation for that account. 8053. (a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. (b) Amounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation. 8054. Using funds made available by this Act or any other Act, the Secretary of the Air Force, pursuant to a determination under section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the Kaiserslautern Military Community in the Federal Republic of Germany: Provided , That in the City of Kaiserslautern and at the Rhine Ordnance Barracks area, such agreements will include the use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations: Provided further , That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat may be obtained from private, regional or municipal services, if provisions are included for the consideration of United States coal as an energy source. 8055. None of the funds appropriated in title IV of this Act may be used to procure end-items for delivery to military forces for operational training, operational use or inventory requirements: Provided , That this restriction does not apply to end-items used in development, prototyping, and test activities preceding and leading to acceptance for operational use: Provided further , That this restriction does not apply to programs funded within the National Intelligence Program: Provided further , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so. 8056. (a) The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 2531 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country. (b) Subsection (a) applies with respect to— (1) contracts and subcontracts entered into on or after the date of the enactment of this Act; and (2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a). (c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50–65) of the Harmonized Tariff Schedule and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 8057. (a) None of the funds made available by this Act may be used to support any training program involving a unit of the security forces or police of a foreign country if the Secretary of Defense has received credible information from the Department of State that the unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. (b) The Secretary of Defense, in consultation with the Secretary of State, shall ensure that prior to a decision to conduct any training program referred to in subsection (a), full consideration is given to all credible information available to the Department of State relating to human rights violations by foreign security forces. (c) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if he determines that such waiver is required by extraordinary circumstances. (d) Not more than 15 days after the exercise of any waiver under subsection (c), the Secretary of Defense shall submit a report to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training program, the United States forces and the foreign security forces involved in the training program, and the information relating to human rights violations that necessitates the waiver. 8058. None of the funds appropriated or otherwise made available by this or other Department of Defense Appropriations Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business. 8059. Notwithstanding any other provision of law, funds appropriated in this Act under the heading Research, Development, Test and Evaluation, Defense-Wide for any new start advanced concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report, including a description of the project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided in writing to the congressional defense committees: Provided , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so. 8060. The Secretary of Defense shall provide a classified quarterly report beginning 30 days after enactment of this Act, to the House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the classified annex accompanying this Act. 8061. During the current fiscal year, none of the funds available to the Department of Defense may be used to provide support to another department or agency of the United States if such department or agency is more than 90 days in arrears in making payment to the Department of Defense for goods or services previously provided to such department or agency on a reimbursable basis: Provided , That this restriction shall not apply if the department is authorized by law to provide support to such department or agency on a nonreimbursable basis, and is providing the requested support pursuant to such authority: Provided further , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so. 8062. Notwithstanding section 12310(b) of title 10, United States Code, a Reserve who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32, United States Code, may perform duties in support of the ground-based elements of the National Ballistic Missile Defense System. 8063. None of the funds provided in this Act may be used to transfer to any nongovernmental entity ammunition held by the Department of Defense that has a center-fire cartridge and a United States military nomenclature designation of armor penetrator , armor piercing (AP) , armor piercing incendiary (API) , or armor-piercing incendiary tracer (API–T) , except to an entity performing demilitarization services for the Department of Defense under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State. 8064. Notwithstanding any other provision of law, the Chief of the National Guard Bureau, or his designee, may waive payment of all or part of the consideration that otherwise would be required under section 2667 of title 10, United States Code, in the case of a lease of personal property for a period not in excess of 1 year to any organization specified in section 508(d) of title 32, United States Code, or any other youth, social, or fraternal nonprofit organization as may be approved by the Chief of the National Guard Bureau, or his designee, on a case-by-case basis. 8065. None of the funds appropriated by this Act shall be used for the support of any nonappropriated funds activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States unless such malt beverages and wine are procured within that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided , That in a case in which the military installation is located in more than one State, purchases may be made in any State in which the installation is located: Provided further , That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for military installations in States which are not contiguous with another State: Provided further , That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered. (including transfer of funds) 8066. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Army , $133,381,000 shall remain available until expended: Provided , That notwithstanding any other provision of law, the Secretary of Defense is authorized to transfer such funds to other activities of the Federal Government: Provided further , That the Secretary of Defense is authorized to enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purposes of this section: Provided further , That contracts entered into under the authority of this section may provide for such indemnification as the Secretary determines to be necessary: Provided further , That projects authorized by this section shall comply with applicable Federal, State, and local law to the maximum extent consistent with the national security, as determined by the Secretary of Defense. 8067. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under subsection 101(b) of Public Law 104–208 ; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect to apply to disbursements that are made by the Department of Defense in fiscal year 2013. (including transfer of funds) 8068. During the current fiscal year, not to exceed $200,000,000 from funds available under Operation and Maintenance, Defense-Wide may be transferred to the Department of State Global Security Contingency Fund : Provided , That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further , That the Secretary of Defense shall, not fewer than 30 days prior to making transfers to the Department of State Global Security Contingency Fund , notify the congressional defense committees in writing with the source of funds and a detailed justification, execution plan, and timeline for each proposed project. 8069. In addition to amounts provided elsewhere in this Act, $4,000,000 is hereby appropriated to the Department of Defense, to remain available for obligation until expended: Provided , That notwithstanding any other provision of law, that upon the determination of the Secretary of Defense that it shall serve the national interest, these funds shall be available only for a grant to the Fisher House Foundation, Inc., only for the construction and furnishing of additional Fisher Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary. (including transfer of funds) 8070. Of the amounts appropriated in this Act under the headings Procurement, Defense-Wide and Research, Development, Test and Evaluation, Defense-Wide , $479,736,000 shall be for the Israeli Cooperative Programs: Provided , That of this amount, $211,000,000 shall be for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats, $149,679,000 shall be for the Short Range Ballistic Missile Defense (SRBMD) program, including cruise missile defense research and development under the SRBMD program, of which $39,200,000 shall be for production activities of SRBMD missiles in the United States and in Israel to meet Israel’s defense requirements consistent with each nation’s laws, regulations, and procedures, $74,692,000 shall be available for an upper-tier component to the Israeli Missile Defense Architecture, and $44,365,000 shall be for the Arrow System Improvement Program including development of a long range, ground and airborne, detection suite: Provided further , That funds made available under this provision for production of missiles and missile components may be transferred to appropriations available for the procurement of weapons and equipment, to be merged with and to be available for the same time period and the same purposes as the appropriation to which transferred: Provided further , That the transfer authority provided under this provision is in addition to any other transfer authority contained in this Act. 8071. (a) None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of U.S. Navy forces assigned to the Pacific fleet. (b) None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give United States Transportation Command operational and administrative control of C–130 and KC–135 forces assigned to the Pacific and European Air Force Commands. (c) The command and control relationships in subsections (a) and (b) which existed on March 13, 2011, shall remain in force unless changes are specifically authorized in a subsequent Act. (d) This subsection does not apply to administrative control of Navy Air and Missile Defense Command. (including transfer of funds) 8072. Of the amounts appropriated in this Act under the heading Shipbuilding and Conversion, Navy , $372,573,000 shall be available until September 30, 2013, to fund prior year shipbuilding cost increases: Provided , That upon enactment of this Act, the Secretary of the Navy shall transfer funds to the following appropriations in the amounts specified: Provided further , That the amounts transferred shall be merged with and be available for the same purposes as the appropriations to which transferred to: (1) Under the heading Shipbuilding and Conversion, Navy, 2007/2013 : LHA Replacement Program $156,685,000; (2) Under the heading Shipbuilding and Conversion, Navy, 2008/2013 : LPD–17 Amphibious Transport Dock Program $80,888,000; and (3) Under the heading Shipbuilding and Conversion, Navy, 2009/2013 : CVN Refueling Overhauls Program $135,000,000. 8073. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2013 until the enactment of the Intelligence Authorization Act for Fiscal Year 2013. 8074. None of the funds provided in this Act shall be available for obligation or expenditure through a reprogramming of funds that creates or initiates a new program, project, or activity unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written prior notification to the congressional defense committees. 8075. The budget of the President for fiscal year 2014 submitted to the Congress pursuant to section 1105 of title 31, United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation in contingency operations for the Military Personnel accounts, the Operation and Maintenance accounts, and the Procurement accounts: Provided , That these documents shall include a description of the funding requested for each contingency operation, for each military service, to include all Active and Reserve components, and for each appropriations account: Provided further , That these documents shall include estimated costs for each element of expense or object class, a reconciliation of increases and decreases for each contingency operation, and programmatic data including, but not limited to, troop strength for each Active and Reserve component, and estimates of the major weapons systems deployed in support of each contingency: Provided further , That these documents shall include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal years. 8076. None of the funds in this Act may be used for research, development, test, evaluation, procurement or deployment of nuclear armed interceptors of a missile defense system. 8077. In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $44,000,000 is hereby appropriated to the Department of Defense: Provided , That upon the determination of the Secretary of Defense that it shall serve the 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. 8078. None of the funds appropriated or made available in this Act shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided , That the Air Force shall allow the 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense requirements during the non-hurricane season. 8079. None of the funds provided in this Act shall be available for integration of foreign intelligence information unless the information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities: Provided , That information pertaining to United States persons shall only be handled in accordance with protections provided in the Fourth Amendment of the United States Constitution as implemented through Executive Order No. 12333. 8080. (a) At the time members of reserve components of the Armed Forces are called or ordered to active duty under section 12302(a) of title 10, United States Code, each member shall be notified in writing of the expected period during which the member will be mobilized. (b) The Secretary of Defense may waive the requirements of subsection (a) in any case in which the Secretary determines that it is necessary to do so to respond to a national security emergency or to meet dire operational requirements of the Armed Forces. (including transfer of funds) 8081. The Secretary of Defense may transfer funds from any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program appropriated in law: Provided , That the Secretary may transfer not to exceed $100,000,000 under the authority provided by this section: Provided further , 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. 8082. For purposes of section 7108 of title 41, United States Code, any subdivision of appropriations made under the heading Shipbuilding and Conversion, Navy that is not closed at the time reimbursement is made shall be available to reimburse the Judgment Fund and shall be considered for the same purposes as any subdivision under the heading Shipbuilding and Conversion, Navy appropriations in the current fiscal year or any prior fiscal year. 8083. (a) None of the funds appropriated by this Act may be used to transfer research and development, acquisition, or other program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army. (b) The Army shall retain responsibility for and operational control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to support the Secretary of Defense in matters relating to the employment of unmanned aerial vehicles. 8084. Up to $15,000,000 of the funds appropriated under the heading Operation and Maintenance, Navy may be made available for the Asia Pacific Regional Initiative Program for the purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and payment of incremental and personnel costs of training and exercising with foreign security forces: Provided , That funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance, security assistance or combined exercise expenses: Provided further , That funds may not be obligated to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. 8085. None of the funds appropriated by this Act for programs of the Office of the Director of National Intelligence shall remain available for obligation beyond the current fiscal year, except for funds appropriated for research and technology, which shall remain available until September 30, 2014. 8086. For purposes of section 1553(b) of title 31, United States Code, any subdivision of appropriations made in this Act under the heading Shipbuilding and Conversion, Navy shall be considered to be for the same purpose as any subdivision under the heading Shipbuilding and Conversion, Navy appropriations in any prior fiscal year, and the 1 percent limitation shall apply to the total amount of the appropriation. 8087. The Director of National Intelligence shall include the budget exhibits identified in paragraphs (1) and (2) as described in the Department of Defense Financial Management Regulation with the congressional budget justification books: (1) For procurement programs requesting more than $10,000,000 in any fiscal year, the P–1, Procurement Program; P–5, Cost Analysis; P–5a, Procurement History and Planning; P–21, Production Schedule; and P–40, Budget Item Justification. (2) For research, development, test and evaluation projects requesting more than $5,000,000 in any fiscal year, the R–1, Research, Development, Test and Evaluation Program; R–2, Research, Development, Test and Evaluation Budget Item Justification; R–3, Research, Development, Test and Evaluation Project Cost Analysis; and R–4, Research, Development, Test and Evaluation Program Schedule Profile. 8088. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit a report to the congressional intelligence committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2013: Provided , That the report shall include— (1) a table for each appropriation with a separate column to display the President’s budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation by Expenditure Center and project; and (3) an identification of items of special congressional interest. (b) None of the funds provided for the National Intelligence Program in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional intelligence committees, unless the Director of National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement. (including transfer of funds) 8089. 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. 8090. (a) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 (50 U.S.C. 403–1(d)) that— (1) creates a new start effort; (2) terminates a program with appropriated funding of $10,000,000 or more; (3) transfers funding into or out of the National Intelligence Program; or (4) transfers funding between appropriations, unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements. (b) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 ( 50 U.S.C. 403–1(d) ) that results in a cumulative increase or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements. 8091. 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. 8092. For the purposes of this Act, the term congressional intelligence committees means the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives, and the Subcommittee on Defense of the Committee on Appropriations of the Senate. 8093. The Department of Defense shall continue to report incremental contingency operations costs for Operation New Dawn and Operation Enduring Freedom, or any other named operations in the U.S. Central Command area of operation on a monthly basis in the Cost of War Execution Report as prescribed in the Department of Defense Financial Management Regulation Department of Defense Instruction 7000.14, Volume 12, Chapter 23 Contingency Operations , Annex 1, dated September 2005. (including transfer of funds) 8094. During the current fiscal year, not to exceed $11,000,000 from each of the appropriations made in title II of this Act for Operation and Maintenance, Army , Operation and Maintenance, Navy , and Operation and Maintenance, Air Force may be transferred by the military department concerned to its central fund established for Fisher Houses and Suites pursuant to section 2493(d) of title 10, United States Code. (including transfer of funds) 8095. Funds appropriated by this Act for operation and maintenance may be available for the purpose of making remittances to the Defense Acquisition Workforce Development Fund in accordance with the requirements of section 1705 of title 10, United States Code. 8096. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 8097. (a) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor agrees not to— (1) enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or (2) take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention. (b) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract unless the contractor certifies that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce any provision of, any agreement as described in paragraphs (1) and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. For purposes of this subsection, a covered subcontractor is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a). (c) The prohibitions in this section do not apply with respect to a contractor’s or subcontractor’s agreements with employees or independent contractors that may not be enforced in a court of the United States. (d) The Secretary of Defense may waive the application of subsection (a) or (b) to a particular contractor or subcontractor for the purposes of a particular contract or subcontract if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The determination shall set forth with specificity the grounds for the waiver and for the contract or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative would not avoid harm to national security interests of the United States. The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days before the contract or subcontract addressed in the determination may be awarded. 8098. None of the funds made available under this Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries. (including transfer of funds) 8099. From within the funds appropriated for operation and maintenance for the Defense Health Program in this Act, up to $139,204,000, shall be available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund in accordance with the provisions of section 1704 of the National Defense Authorization Act for Fiscal Year 2010, Public Law 111–84 : Provided , That for purposes of section 1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by section 706 of Public Law 110–417 : Provided further , That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Defense to the Committees on Appropriations of the House of Representatives and the Senate. 8100. The Office of the Director of National Intelligence shall not employ more Senior Executive employees than are specified in the classified annex. 8101. None of the funds appropriated or otherwise made available by this Act may be obligated or expended to pay a retired general or flag officer to serve as a senior mentor advising the Department of Defense unless such retired officer files a Standard Form 278 (or successor form concerning public financial disclosure under part 2634 of title 5, Code of Federal Regulations) to the Office of Government Ethics. 8102. Appropriations available to the Department of Defense may be used for the purchase of heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $250,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles. (including transfer of funds) 8103. There is hereby established in the Treasury of the United States the Ship Modernization, Operations and Sustainment Fund . There is appropriated $2,382,100,000, for the Ship Modernization, Operations and Sustainment Fund , to remain available until September 30, 2014: Provided , That the Secretary of the Navy shall transfer funds from the Ship Modernization, Operations and Sustainment Fund to appropriations for military personnel; operation and maintenance; research, development, test and evaluation; and procurement, only for the purposes of manning, operating, sustaining, equipping and modernizing the Ticonderoga-class guided missile cruisers CG–63, CG–64, CG–65, CG–66, CG–68, CG–69, CG–73, and the Whidbey Island-class dock landing ships LSD–41 and LSD–46: Provided further , That funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation to which they are transferred: Provided further , That the transfer authority provided herein shall be in addition to any other transfer authority available to the Department of Defense: 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. 8104. None of the funds made available by this Act may be used by the Secretary of Defense to take beneficial occupancy of more than 2,500 parking spaces (other than handicap-reserved spaces) to be provided by the BRAC 133 project: Provided , That this limitation may be waived in part if: (1) the Secretary of Defense certifies to Congress that levels of service at existing intersections in the vicinity of the project have not experienced failing levels of service as defined by the Transportation Research Board Highway Capacity Manual over a consecutive 90-day period; (2) the Department of Defense and the Virginia Department of Transportation agree on the number of additional parking spaces that may be made available to employees of the facility subject to continued 90-day traffic monitoring; and (3) the Secretary of Defense notifies the congressional defense committees in writing at least 14 days prior to exercising this waiver of the number of additional parking spaces to be made available. 8105. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall resume quarterly reporting of the numbers of civilian personnel end strength by appropriation account for each and every appropriation account used to finance Federal civilian personnel salaries to the congressional defense committees within 15 days after the end of each fiscal quarter. 8106. None of the funds appropriated in this or any other Act may be used to plan, prepare for, or otherwise take any action to undertake or implement the separation of the National Intelligence Program budget from the Department of Defense budget. (including transfer of funds) 8107. Upon a determination by the Director of National Intelligence that such action is necessary and in the national interest, the Director may, with the approval of the Office of Management and Budget, transfer not to exceed $2,000,000,000 of the funds made available in this Act for the National Intelligence Program: Provided , That such authority to transfer may not be used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further , That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2013. (including transfer of funds) 8108. In addition to amounts provided elsewhere in the Act, there is appropriated $270,000,000 for an additional amount for Operation and Maintenance, Defense-Wide , to be available until expended: 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. 8109. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantánamo Bay, Cuba, by the Department of Defense. 8110. (a) (1) Except as provided in paragraph (2) and subsection (d), none of the funds appropriated or otherwise made available in this or any other Act may be used to transfer any individual detained at 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) Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantánamo to effectuate— (A) an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance); or (B) a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act. (b) A certification described in this subsection is a written certification made by the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence, that— (1) the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantánamo is to be transferred— (A) is not a designated state sponsor of terrorism or a designated foreign terrorist organization; (B) maintains control over each detention facility in which the individual is to be detained if the individual is to be housed in a detention facility; (C) is not, as of the date of the certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual; (D) has taken or agreed to take effective actions to ensure that the individual cannot take action to threaten the United States, its citizens, or its allies in the future; (E) has taken or agreed to take such actions as the Secretary of Defense determines are necessary to ensure that the individual cannot engage or re-engage in any terrorist activity; and (F) has agreed to share with the United States any information that— (i) is related to the individual or any associates of the individual; and (ii) could affect the security of the United States, its citizens, or its allies; and (2) includes an assessment, in classified or unclassified form, of the capacity, willingness, and past practices (if applicable) of the foreign country or entity in relation to the Secretary’s certifications. (c) (1) Except as provided in paragraph (2) and subsection (d), none of the funds appropriated or otherwise made available in this or any other Act may be used to transfer any individual detained at 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) Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantánamo to effectuate— (A) an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance); or (B) a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act. (d) (1) The Secretary of Defense may waive the applicability to a detainee transfer of a certification requirement specified in subparagraph (D) or (E) of subsection (b)(1) or the prohibition in subsection (c), if the Secretary certifies the rest of the criteria required by subsection (b) for transfers prohibited by (c) and, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence, determines that— (A) alternative actions will be taken to address the underlying purpose of the requirement or requirements to be waived; (B) in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated, but the actions to be taken under subparagraph (A) will substantially mitigate such risks with regard to the individual to be transferred; (C) in the case of a waiver of subsection (c), the Secretary has considered any confirmed case in which an individual who was transferred to the country subsequently engaged in terrorist activity, and the actions to be taken under subparagraph (A) will substantially mitigate the risk of recidivism with regard to the individual to be transferred; and (D) the transfer is in the national security interests of the United States. (2) Whenever the Secretary makes a determination under paragraph (1), the Secretary shall submit to the appropriate committees of Congress, not later than 30 days before the transfer of the individual concerned, the following: (A) A copy of the determination and the waiver concerned. (B) A statement of the basis for the determination, including— (i) an explanation why the transfer is in the national security interests of the United States; and (ii) in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), an explanation why it is not possible to certify that the risks addressed in the subparagraph to be waived have been completely eliminated. (C) A summary of the alternative actions to be taken to address the underlying purpose of, and to mitigate the risks addressed in, the subparagraph or subsection to be waived. (D) The assessment required by subsection (b)(2). (e) In this section: (1) The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) The term individual detained at Guantánamo means any individual located at United States Naval Station, Guantánamo Bay, Cuba, as of October 1, 2009, who— (A) is not a citizen of the United States or a member of the Armed Forces of the United States; and (B) is— (i) in the custody or under the control of the Department of Defense; or (ii) otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba. (3) The term foreign terrorist organization means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). 8111. (a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantánamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantánamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba. 8112. 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. 8113. 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. 8114. None of the funds made available by this Act may be used in contravention of section 1590 or 1591 of title 18, United States Code, or in contravention of the requirements of section 106(g) or (h) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7104(g) or (h)). 8115. None of the funds made available by this Act for International Military education and training, foreign military financing, excess defense article, assistance under section 1206 of the National Defense Authorization Act for Fiscal year 2006 ( Public Law 109–163 ; 119 Stat. 3456) issuance for direct commercial sales of military equipment, or peacekeeping operations for the countries of Chad, Yemen, Somalia, Sudan, the Democratic Republic of the Congo, and Burma may be used to support any military training or operation that include child soldiers, as defined by the Child Soldiers Prevention Act of 2008, and except if such assistance is otherwise permitted under section 404 of the Child Soldiers Prevention Act of 2008 ( Public Law 110–457 ; 22 U.S.C. 2370c–1 ). 8116. None of the funds made available by this Act may be used in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.). 8117. None of the funds made available by this Act may be used to retire, divest, realign, or transfer Air Force aircraft, to disestablish or convert units associated with such aircraft, or to disestablish or convert any other unit of the Air National Guard or Air Force Reserve: Provided , That this section shall not apply to actions affecting C–5, C–17, or E–8 aircraft, or the units associated with such aircraft: Provided further , That this section shall continue in effect through the date of enactment of an Act authorizing appropriations for fiscal year 2013 for military activities of the Department of Defense. 8118. The Secretary of the Air Force shall obligate and expend funds previously appropriated for the procurement of RQ–4B Global Hawk and C–27J Spartan aircraft for the purposes for which such funds were originally appropriated. 8119. It is the Sense of the Senate that the next available capital warship of the U.S. Navy be named the USS Ted Stevens to recognize the public service achievements, military service sacrifice, and undaunted heroism and courage of the long-serving United States Senator for Alaska. 8120. None of the funds made available by this Act shall be used to retire C–23 Sherpa aircraft. 8121. The total amount available in the Act for pay for civilian personnel of the Department of Defense for fiscal year 2013 shall be the amount otherwise appropriated or made available by this Act for such pay reduced by $72,718,000. 8122. None of the funds made available by this Act may be used to enter into a contract for UH–60 Leak Proof Drip Pans using procedures other than competitive procedures (as defined in section 2302(2) of title 10, United States Code). 8123. None of the funds appropriated or otherwise made available by this Act or any other Act may be used by the Department of Defense or a component thereof in contravention of section 1244 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1646; 22 U.S.C. 5952 note) or any provision of an Act authorizing appropriations for the Department of Defense for fiscal year 2013 relating to sharing classified ballistic missile defense information with Russia. 8124. None of the Operation and Maintenance funds made available in this Act may be used in contravention of section 41106 of title 49, United States Code. 8125. None of the funds made available by this Act may be used by the Department of Defense or any other Federal agency to lease or purchase new light duty vehicles, for any executive fleet, or for an agency’s fleet inventory, except in accordance with Presidential Memorandum-Federal Fleet Performance, dated May 24, 2011. 8126. None of the funds made available by this Act may be used to enter into a contract with any person or other entity listed in the Excluded Parties List System (EPLS)/System for Award Management (SAM) as having been convicted of fraud against the Federal Government. 8127. 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. 8128. None of the funds made available by this Act may be used by the Secretary of Defense to implement an enrollment fee for the TRICARE for Life program under chapter 55 of title 10, United States Code, that does not exist as of the date of the enactment of this Act. 8129. (a) Requirement To continue provision of tuition assistance for members of the Armed Forces The Secretaries of the military departments shall carry out tuition assistance programs for members of the Armed Forces during the remainder of fiscal year 2013 using amounts specified in subsection (b). (b) Amounts The minimum amount used by the Secretary of a military department for tuition assistance for members of an Armed Force under the jurisdiction of that Secretary pursuant to subsection (a) shall be not less than— (1) the amount appropriated or otherwise made available by this Act for tuition assistance programs for members of that Armed Force, minus (2) an amount that is not more than the percentage of the reduction required to the Operation and Maintenance account for that Armed Force for fiscal year 2013 by the budget sequester required by section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985. IX Overseas contingency operations Military personnel Military personnel, Army For an additional amount for Military Personnel, Army , $9,790,082,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Military personnel, Navy For an additional amount for Military Personnel, Navy , $774,225,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Military personnel, Marine Corps For an additional amount for Military Personnel, Marine Corps , $1,425,156,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Military personnel, Air Force For an additional amount for Military Personnel, Air Force , $1,286,783,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Reserve personnel, Army For an additional amount for Reserve Personnel, Army , $156,893,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Reserve personnel, Navy For an additional amount for Reserve Personnel, Navy , $39,335,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Reserve personnel, Marine Corps For an additional amount for Reserve Personnel, Marine Corps , $24,722,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Reserve personnel, Air Force For an additional amount for Reserve Personnel, Air Force , $25,348,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Guard personnel, Army For an additional amount for National Guard Personnel, Army , $583,804,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Guard personnel, Air Force For an additional amount for National Guard Personnel, Air Force , $10,473,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and maintenance Operation and maintenance, Army For an additional amount for Operation and Maintenance, Army , $28,452,018,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and maintenance, Navy For an additional amount for Operation and Maintenance, Navy , $5,839,934,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and maintenance, Marine Corps For an additional amount for Operation and Maintenance, Marine Corps , $4,116,340,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and maintenance, Air Force For an additional amount for Operation and Maintenance, Air Force , $9,249,736,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and maintenance, Defense-Wide For an additional amount for Operation and Maintenance, Defense-Wide , $7,714,079,000: Provided , That of the funds provided under this heading, not to exceed $1,650,000,000, to remain available until September 30, 2014, shall be for payments to reimburse key cooperating nations for logistical, military, and other support, including access, provided to United States military operations in support of Operation Enduring Freedom, and post-operation Iraq border security related to the activities of the Office of Security Cooperation in Iraq, notwithstanding any other provision of law: Provided further , That such reimbursement payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following notification to the appropriate congressional committees: Provided further , That the requirement under this heading to provide notification to the appropriate congressional committees shall not apply with respect to a reimbursement for access based on an international agreement: Provided further , That these funds may be used for the purpose of providing specialized training and procuring supplies and specialized equipment and providing such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting United States military operations in Afghanistan, and 15 days following notification to the appropriate congressional committees: Provided further , That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided in this paragraph: Provided further , That such amount in this section is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and maintenance, Army Reserve For an additional amount for Operation and Maintenance, Army Reserve , $157,887,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and maintenance, Navy Reserve For an additional amount for Operation and Maintenance, Navy Reserve , $55,924,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and maintenance, Marine Corps Reserve For an additional amount for Operation and Maintenance, Marine Corps Reserve , $25,477,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and maintenance, Air Force Reserve For an additional amount for Operation and Maintenance, Air Force Reserve , $60,618,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and maintenance, Army National Guard For an additional amount for Operation and Maintenance, Army National Guard , $392,448,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and maintenance, Air National Guard For an additional amount for Operation and Maintenance, Air National Guard , $34,500,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Overseas contingency operations transfer fund (Including transfer of funds) In addition to amounts provided elsewhere in this Act, there is appropriated $582,884,000 for the Overseas Contingency Operations Transfer Fund for expenses directly relating to overseas contingency operations by United States military forces, to be available until expended: Provided , That of the funds made available in this section, the Secretary of Defense may transfer these funds only to military personnel accounts, operation and maintenance accounts, procurement accounts, and working capital fund accounts: Provided further , That the funds made available in this paragraph may only be used for programs, projects, or activities categorized as Overseas Contingency Operations in the fiscal year 2013 budget request for the Department of Defense and the justification material and other documentation supporting such request: Provided further , That the funds transferred shall be merged with and shall be available for the same purposes and for the same time period, as the appropriation to which transferred: Provided further , That the Secretary shall notify the congressional defense committees 15 days prior to such transfer: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority available to the Department of Defense: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation and shall be available for the same purposes and for the same time period as originally appropriated: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Afghanistan infrastructure fund (Including transfer of funds) For the Afghanistan Infrastructure Fund , $325,000,000, to remain available until September 30, 2014: Provided , That such funds shall be available to the Secretary of Defense for infrastructure projects in Afghanistan, notwithstanding any other provision of law, which shall be undertaken by the Secretary of State, unless the Secretary of State and the Secretary of Defense jointly decide that a specific project will be undertaken by the Department of Defense: Provided further , That the infrastructure referred to in the preceding proviso is in support of the counterinsurgency strategy, which may require funding for facility and infrastructure projects, including, but not limited to, water, power, and transportation projects and related maintenance and sustainment costs: Provided further , That the authority to undertake such infrastructure projects is in addition to any other authority to provide assistance to foreign nations: Provided further , That any projects funded under this heading shall be jointly formulated and concurred in by the Secretary of State and Secretary of Defense: Provided further , That funds may be transferred to the Department of State for purposes of undertaking projects, which funds shall be considered to be economic assistance under the Foreign Assistance Act of 1961 for purposes of making available the administrative authorities contained in that Act: Provided further , That the transfer authority in the preceding proviso is in addition to any other authority available to the Department of Defense to transfer funds: Provided further , That any unexpended funds transferred to the Secretary of State under this authority shall be returned to the Afghanistan Infrastructure Fund if the Secretary of State, in coordination with the Secretary of Defense, determines that the project cannot be implemented for any reason, or that the project no longer supports the counterinsurgency strategy in Afghanistan: Provided further , That any funds returned to the Secretary of Defense under the previous proviso shall be available for use under this appropriation and shall be treated in the same manner as funds not transferred to the Secretary of State: Provided further , That contributions of funds for the purposes provided herein to the Secretary of State in accordance with section 635(d) of the Foreign Assistance Act from any person, foreign government, or international organization may be credited to this Fund, to remain available until expended, and used for such purposes: Provided further , That the Secretary of Defense shall, not fewer than 15 days prior to making transfers to or from, or obligations from the Fund, notify the appropriate committees of Congress in writing of the details of any such transfer: Provided further , That the appropriate committees of Congress are the Committees on Armed Services, Foreign Relations and Appropriations of the Senate and the Committees on Armed Services, Foreign Affairs and Appropriations of the House of Representatives: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Afghanistan security forces fund For the Afghanistan Security Forces Fund , $5,124,167,000, to remain available until September 30, 2014: Provided , That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the Commander, Combined Security Transition Command—Afghanistan, or the Secretary's designee, to provide assistance, with the concurrence of the Secretary of State, to the security forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction, and funding: Provided further , That the authority to provide assistance under this heading is in addition to any other authority to provide assistance to foreign nations: Provided further , That contributions of funds for the purposes provided herein from any person, foreign government, or international organization may be credited to this Fund, to remain available until expended, and used for such purposes: Provided further , That the Secretary of Defense shall notify the congressional defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the funds received and the specific use of such contributions: Provided further , That the Secretary of Defense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligation: Provided further , That the Secretary of Defense shall notify the congressional defense committees of any proposed new projects or transfer of funds between budget sub-activity groups in excess of $20,000,000: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement Aircraft procurement, Army For an additional amount for Aircraft Procurement, Army , $550,700,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Missile procurement, Army For an additional amount for Missile Procurement, Army , $67,951,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement of weapons and tracked combat vehicles, Army For an additional amount for Procurement of Weapons and Tracked Combat Vehicles, Army , $15,422,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement of ammunition, Army For an additional amount for Procurement of Ammunition, Army , $338,493,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other procurement, Army For an additional amount for Other Procurement, Army , $1,740,157,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Aircraft procurement, Navy For an additional amount for Aircraft Procurement, Navy , $215,698,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Weapons procurement, Navy For an additional amount for Weapons Procurement, Navy , $22,500,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement of ammunition, Navy and Marine Corps For an additional amount for Procurement of Ammunition, Navy and Marine Corps , $283,059,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other procurement, Navy For an additional amount for Other Procurement, Navy , $98,882,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement, Marine Corps For an additional amount for Procurement, Marine Corps , $822,054,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Aircraft procurement, Air Force For an additional amount for Aircraft Procurement, Air Force , $305,600,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Missile procurement, Air Force For an additional amount for Missile Procurement, Air Force , $34,350,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement of ammunition, Air Force For an additional amount for Procurement of Ammunition, Air Force , $116,203,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other procurement, Air Force For an additional amount for Other Procurement, Air Force , $2,680,270,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement, Defense-Wide For an additional amount for Procurement, Defense-Wide , $188,099,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Guard and Reserve equipment For procurement of aircraft, missiles, tracked combat vehicles, ammunition, other weapons and other procurement for the reserve components of the Armed Forces, $1,500,000,000, to remain available for obligation until September 30, 2015: Provided , That the Chiefs of National Guard and Reserve components shall, not later than 30 days after the enactment of this Act, individually submit to the congressional defense committees the modernization priority assessment for their respective National Guard or Reserve component: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Research, development, test and evaluation Research, development, test and evaluation, Army For an additional amount for Research, Development, Test and Evaluation, Army , $29,660,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Research, development, test and evaluation, Navy For an additional amount for Research, Development, Test and Evaluation, Navy , $52,519,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Research, development, test and evaluation, Air Force For an additional amount for Research, Development, Test and Evaluation, Air Force , $53,150,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Research, development, test and evaluation, Defense-Wide For an additional amount for Research, Development, Test and Evaluation, Defense-Wide , $112,387,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Revolving and management funds Defense working capital funds For an additional amount for Defense Working Capital Funds , $243,600,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Other Department of Defense programs Defense health program For an additional amount for Defense Health Program , $993,898,000, which shall be for operation and maintenance: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Drug interdiction and counter-Drug activities, Defense For an additional amount for Drug Interdiction and Counter-Drug Activities, Defense , $469,025,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Joint improvised explosive device defeat fund (Including transfer of funds) For the Joint Improvised Explosive Device Defeat Fund , $1,622,614,000, to remain available until September 30, 2015: Provided , That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the Director of the Joint Improvised Explosive Device Defeat Organization to investigate, develop and provide equipment, supplies, services, training, facilities, personnel and funds to assist United States forces in the defeat of improvised explosive devices: Provided further , That the Secretary of Defense may transfer funds provided herein to appropriations for military personnel; operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purpose provided herein: Provided further , That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further , That the Secretary of Defense shall, not fewer than 15 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of the Inspector General For an additional amount for the Office of the Inspector General , $10,766,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. General provisions—this title 9001. Notwithstanding any other provision of law, funds made available in this title are in addition to amounts appropriated or otherwise made available for the Department of Defense for fiscal year 2013. (Including transfer of funds) 9002. Upon the determination of the Secretary of Defense that such action is necessary in the national interest, the Secretary may, with the approval of the Office of Management and Budget, transfer up to $3,500,000,000 between the appropriations or funds made available to the Department of Defense in this title: Provided , That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this section: Provided further , That the authority provided in this section is in addition to any other transfer authority available to the Department of Defense and is subject to the same terms and conditions as the authority provided in the Department of Defense Appropriations Act, 2013. 9003. Supervision and administration costs associated with a construction project funded with appropriations available for operation and maintenance, Afghanistan Infrastructure Fund , or the Afghanistan Security Forces Fund provided in this Act and executed in direct support of overseas contingency operations in Afghanistan, may be obligated at the time a construction contract is awarded: Provided , That for the purpose of this section, supervision and administration costs include all in-house Government costs. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian employees of the Department of Defense in the U.S. Central Command area of responsibility: (a) passenger motor vehicles up to a limit of $75,000 per vehicle; and (b) heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $250,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles. 9005. Not to exceed $200,000,000 of the amount appropriated in this title under the heading Operation and Maintenance, Army may be used, notwithstanding any other provision of law, to fund the Commander’s Emergency Response Program (CERP), for the purpose of enabling military commanders in Afghanistan to respond to urgent, small-scale, humanitarian relief and reconstruction requirements within their areas of responsibility: Provided , That each project (including any ancillary or related elements in connection with such project) executed under this authority shall not exceed $20,000,000: Provided further , That not later than 45 days after the end of each fiscal year quarter, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes described herein: Provided further , That, not later than 30 days after the end of each month, the Army shall submit to the congressional defense committees monthly commitment, obligation, and expenditure data for the Commander’s Emergency Response Program in Afghanistan: Provided further , That not less than 15 days before making funds available pursuant to the authority provided in this section or under any other provision of law for the purposes described herein for a project with a total anticipated cost for completion of $5,000,000 or more, the Secretary shall submit to the congressional defense committees a written notice containing each of the following: (1) The location, nature and purpose of the proposed project, including how the project is intended to advance the military campaign plan for the country in which it is to be carried out. (2) The budget, implementation timeline with milestones, and completion date for the proposed project, including any other CERP funding that has been or is anticipated to be contributed to the completion of the project. (3) A plan for the sustainment of the proposed project, including the agreement with either the host nation, a non-Department of Defense agency of the United States Government or a third-party contributor to finance the sustainment of the activities and maintenance of any equipment or facilities to be provided through the proposed project. 9006. Funds available to the Department of Defense for operation and maintenance may be used, notwithstanding any other provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to coalition forces supporting military and stability operations in Afghanistan: Provided , That the Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section. 9007. None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the United States Government for a purpose as follows: (1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq. (2) To exercise United States control over any oil resource of Iraq. (3) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghanistan. 9008. None of the funds made available in this Act may be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984): (1) Section 2340A of title 18, United States Code. (2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed thereto, including regulations under part 208 of title 8, Code of Federal Regulations, and part 95 of title 22, Code of Federal Regulations. (3) Sections 1002 and 1003 of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109–148). 9009. None of the funds provided for the Afghanistan Security Forces Fund (ASFF) may be obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council (AROC) of the Department of Defense: Provided , That the AROC must approve the requirement and acquisition plan for any service requirements in excess of $50,000,000 annually and any non-standard equipment requirements in excess of $100,000,000 using ASFF: Provided further , That the AROC must approve all projects and the execution plan under the Afghanistan Infrastructure Fund (AIF) and any project in excess of $5,000,000 from the Commanders Emergency Response Program (CERP): Provided further , That the Department of Defense must certify to the congressional defense committees that the AROC has convened and approved a process for ensuring compliance with the requirements in the preceding provisos and accompanying report language for the ASFF, AIF, and CERP. 9010. Funds made available in this title to the Department of Defense for operation and maintenance may be used to purchase items having an investment unit cost of not more than $250,000: Provided , That, upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas, such funds may be used to purchase items having an investment item unit cost of not more than $500,000. 9011. Notwithstanding any other provision of law, up to $93,000,000 of funds made available in this title under the heading Operation and Maintenance, Army may be obligated and expended for purposes of the Task Force for Business and Stability Operations, subject to the direction and control of the Secretary of Defense, with concurrence of the Secretary of State, to carry out strategic business and economic assistance activities in Afghanistan in support of Operation Enduring Freedom: Provided , That not less than 15 days before making funds available pursuant to the authority provided in this section for any project with a total anticipated cost of $5,000,000 or more, the Secretary shall submit to the congressional defense committees a written notice containing a detailed justification and timeline for each proposed project. 9012. From funds made available to the Department of Defense in this title under the heading Operation and Maintenance, Air Force up to $508,000,000 may be used by the Secretary of Defense, notwithstanding any other provision of law, to support United States Government transition activities in Iraq by funding the operations and activities of the Office of Security Cooperation in Iraq and security assistance teams, including life support, transportation and personal security, and facilities renovation and construction: Provided , That to the extent authorized under the National Defense Authorization Act for Fiscal Year 2013, the operations and activities that may be carried out by the Office of Security Cooperation in Iraq may, with the concurrence of the Secretary of State, include non-operational training activities in support of Iraqi Ministry of Defense and Counter Terrorism Service personnel in an institutional environment to address capability gaps, integrate processes relating to intelligence, air sovereignty, combined arms, logistics and maintenance, and to manage and integrate defense-related institutions: Provided further , That not later than 30 days following the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to the congressional defense committees a plan for transitioning any such training activities that they determine are needed after the end of fiscal year 2013, to existing or new contracts for the sale of defense articles or defense services consistent with the provisions of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ): Provided further , That not less than 15 days before making funds available pursuant to the authority provided in this section, the Secretary of Defense shall submit to the congressional defense committees a written notification containing a detailed justification and timeline for the operations and activities of the Office of Security Cooperation in Iraq at each site where such operations and activities will be conducted during fiscal year 2013. (Rescissions) 9013. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided , That such amounts are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: Retroactive Stop Loss Special Pay Program, 2009/XXXX , $127,200,000; Afghanistan Security Forces Fund, 2012/2013 , $1,000,000,000; Other Procurement, Army, 2012/2014 , $207,600,000; Procurement of Ammunition, Navy and Marine Corps, 2012/2014 , $32,176,000; Procurement, Marine Corps, 2012/2014 , $2,776,000; Mine Resistant Ambush Protected Vehicle Fund, 2012/2013 , $400,000,000; Research, Development, Test and Evaluation, Air Force, 2012/2013 , $50,000,000; Joint Improvised Explosive Device Defeat Fund, 2012/2014 , $40,300,000. 9014. (a) None of the funds appropriated or otherwise made available by this Act under the heading Operation and Maintenance, Defense-Wide for payments under section 1233 of Public Law 110–181 for reimbursement to the Government of Pakistan may be made available unless the Secretary of Defense, in coordination with the Secretary of State, certifies to the Committees on Appropriations that the Government of Pakistan is— (1) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other domestic and foreign terrorist organizations, including taking steps to end support for such groups and prevent them from basing and operating in Pakistan and carrying out cross border attacks into neighboring countries; (2) not supporting terrorist activities against United States or coalition forces in Afghanistan, and Pakistan’s military and intelligence agencies are not intervening extra-judicially into political and judicial processes in Pakistan; (3) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the manufacture of IEDs; (4) preventing the proliferation of nuclear-related material and expertise; (5) issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and (6) providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by the conflict. (b) The Secretary of Defense, in coordination with the Secretary of State, may waive the restriction in paragraph (a) on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so: Provided , That if the Secretary of Defense, in coordination with the Secretary of State, exercises the authority of the previous proviso, the Secretaries shall report to the Committees on Appropriations on both the justification for the waiver and on the requirements of this section that the Government of Pakistan was not able to meet: Provided further , That such report may be submitted in classified form if necessary. This division may be cited as the Department of Defense Appropriations Act, 2013 . D Department of Homeland Security Appropriations Act, 2013 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2013, and for other purposes, namely: I Departmental management and operations Departmental operations Office of the secretary and executive management For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 ), and executive management of the Department of Homeland Security, as authorized by law, $130,000,000: Provided , That not to exceed $45,000 shall be for official reception and representation expenses: Provided further , That all official costs associated with the use of government aircraft by Department of Homeland Security personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Immediate Office of the Secretary and the Immediate Office of the Deputy Secretary: Provided further , That the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives, not later than 90 days after the date of enactment of this Act, expenditure plans for the Office of Policy, the Office for Intergovernmental Affairs, the Office for Civil Rights and Civil Liberties, the Citizenship and Immigration Services Ombudsman, and the Privacy Officer. Office of the under secretary for management For necessary expenses of the Office of the Under Secretary for Management, as authorized by sections 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), $218,511,000, of which not to exceed $2,250 shall be for official reception and representation expenses: Provided , That of the total amount made available under this heading, $5,448,000 shall remain available until September 30, 2017, solely for the alteration and improvement of facilities, tenant improvements, and relocation costs to consolidate Department headquarters operations at the Nebraska Avenue Complex; and $9,680,000 shall remain available until September 30, 2015, for the Human Resources Information Technology program: Provided further , That the Under Secretary for Management shall, pursuant to the requirements contained in House Report 112–331, submit to the Committees on Appropriations of the Senate and the House of Representatives with the President's budget proposal for fiscal year 2014, submitted pursuant to the requirements of section 1105(a) of title 31, United States Code, a Comprehensive Acquisition Status Report, which shall include the information required under the heading Office of the Under Secretary for Management under title I of division D of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ), and quarterly updates to such report not later than 45 days after the completion of each quarter. Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, as authorized by section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 ), $51,500,000, of which $5,000,000 shall remain available until September 30, 2014, for financial systems modernization efforts. Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 ), and Department-wide technology investments, $243,732,000; of which $118,000,000 shall be available for salaries and expenses; and of which $125,732,000, to remain available until September 30, 2015, shall be available for development and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security: Provided , That the Department of Homeland Security Chief Information Officer shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President's budget is submitted each year under section 1105(a) of title 31, United States Code, a multi-year investment and management plan, to include each of fiscal years 2013 through 2016, for all information technology acquisition projects funded under this heading or funded by multiple components of the Department of Homeland Security through reimbursable agreements, that includes— (1) the proposed appropriations included for each project and activity tied to mission requirements, program management capabilities, performance levels, and specific capabilities and services to be delivered; (2) the total estimated cost and projected timeline of completion for all multi-year enhancements, modernizations, and new capabilities that are proposed in such budget or underway; (3) a detailed accounting of operations and maintenance and contractor services costs; and (4) a current acquisition program baseline for each project, that— (A) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion from the original acquisition program baseline; (B) aligns the acquisition programs covered by the baseline to mission requirements by defining existing capabilities, identifying known capability gaps between such existing capabilities and stated mission requirements, and explaining how each increment will address such known capability gaps; and (C) defines life-cycle costs for such programs. Analysis and operations For necessary expenses for intelligence analysis and operations coordination activities, as authorized by title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ), $322,280,000; of which not to exceed $3,825 shall be for official reception and representation expenses; and of which $94,359,000 shall remain available until September 30, 2014. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $121,164,000, of which not to exceed $300,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General. II Security, enforcement, and investigations U.S. customs and border protection Salaries and expenses For necessary expenses for enforcement of laws relating to border security, immigration, customs, agricultural inspections and regulatory activities related to plant and animal imports, and transportation of unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500 for replacement only) police-type vehicles; and contracting with individuals for personal services abroad; $8,293,351,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 9505(c)(3) ) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed $34,425 shall be for official reception and representation expenses; of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations; and of which not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided , That for fiscal year 2013, the overtime limitation prescribed in section 5(c)(1) of the Act of February 13, 1911 ( 19 U.S.C. 267(c)(1) ) shall be $35,000; and notwithstanding any other provision of law, none of the funds appropriated by this Act shall be available to compensate any employee of U.S. Customs and Border Protection for overtime, from whatever source, in an amount that exceeds such limitation, except in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary, to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies: Provided further , That the Border Patrol shall maintain an active duty presence of not less than 21,370 full-time equivalent agents protecting the borders of the United States in the fiscal year. Automation modernization For necessary expenses for U.S. Customs and Border Protection for operation and improvement of automated systems, including salaries and expenses, $719,866,000; of which $325,526,000 shall remain available until September 30, 2015; and of which not less than $138,794,000 shall be for the development of the Automated Commercial Environment. Border security fencing, infrastructure, and technology For expenses for border security fencing, infrastructure, and technology, $324,099,000, to remain available until September 30, 2015. Air and marine operations For necessary expenses for the operations, maintenance, and procurement of marine vessels, aircraft, unmanned aircraft systems, and other related equipment of the air and marine program, including salaries and expenses and operational training and mission-related travel, the operations of which include the following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; and, at the discretion of the Secretary of Homeland Security, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts; $799,006,000; of which $283,570,000 shall be available for salaries and expenses; and of which $515,436,000 shall remain available until September 30, 2015: Provided , That no aircraft or other related equipment, with the exception of aircraft that are one of a kind and have been identified as excess to U.S. Customs and Border Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2013 without prior notice to the Committees on Appropriations of the Senate and the House of Representatives: Provided further , That the Secretary of Homeland Security shall report to the Committees on Appropriations of the Senate and the House of Representatives, not later than 90 days after the date of enactment of this Act, on any changes to the 5-year strategic plan for the air and marine program required under this heading in Public Law 112–74. Construction and facilities management For necessary expenses to plan, acquire, construct, renovate, equip, furnish, operate, manage, and maintain buildings, facilities, and related infrastructure necessary for the administration and enforcement of the laws relating to customs, immigration, and border security, $233,563,000, to remain available until September 30, 2017: Provided , That the Commissioner of U.S. Customs and Border Protection shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President's budget proposal is submitted pursuant to the requirements of section 1105(a) of title 31, United States Code, an inventory of the real property of U.S. Customs and Border Protection and a plan for each activity and project proposed for funding under this heading that includes the full cost by fiscal year of each activity and project proposed and underway in fiscal year 2014. U.S. Immigration and customs enforcement Salaries and expenses For necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations, including overseas vetted units operations; and purchase and lease of up to 3,790 (2,350 for replacement only) police-type vehicles; $5,394,402,000; of which not to exceed $10,000,000 shall be available until expended for conducting special operations under section 3131 of the Customs Enforcement Act of 1986 ( 19 U.S.C. 2081 ); of which not to exceed $11,475 shall be for official reception and representation expenses; of which not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security; of which not less than $305,000 shall be for promotion of public awareness of the child pornography tipline and activities to counter child exploitation; of which not less than $5,400,000 shall be used to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ); and of which not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States: Provided , That none of the funds made available under this heading shall be available to compensate any employee for overtime in an annual amount in excess of $35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount as necessary for national security purposes and in cases of immigration emergencies: Provided further , That of the total amount provided, $15,770,000 shall be for activities to enforce laws against forced child labor, of which not to exceed $6,000,000 shall remain available until expended: Provided further , That of the total amount available, not less than $1,600,000,000 shall be available to identify aliens convicted of a crime who may be deportable, and to remove them from the United States once they are judged deportable, of which $138,249,000 shall be for completion of Secure Communities deployment: Provided further , That the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement shall report to the Committees on Appropriations of the Senate and the House of Representatives, not later than 45 days after the end of each quarter of the fiscal year, on progress in implementing the preceding proviso and the funds obligated during that quarter to make such progress: Provided further , That the Secretary of Homeland Security shall prioritize the identification and removal of aliens convicted of a crime by the severity of that crime: Provided further , That funding made available under this heading shall maintain a level of not less than 34,000 detention beds through September 30, 2013: Provided further , That of the total amount provided, not less than $2,753,610,000 is for detention and removal operations, including transportation of unaccompanied minor aliens: Provided further , That of the total amount provided, $10,300,000 shall remain available until September 30, 2014, for the Visa Security Program: Provided further , That not less than $10,000,000 shall be available for investigation of intellectual property rights violations, including operation of the National Intellectual Property Rights Coordination Center: Provided further , That none of the funds provided under this heading may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ) if the Department of Homeland Security Inspector General determines that the terms of the agreement governing the delegation of authority have been violated: Provided further , That none of the funds provided under this heading may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than adequate or the equivalent median score in any subsequent performance evaluation system: Provided further , That nothing under this heading shall prevent U.S. Immigration and Customs Enforcement from exercising those authorities provided under immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) during priority operations pertaining to aliens convicted of a crime. Automation modernization (including Transfer of Funds) For expenses of immigration and customs enforcement automated systems, $33,500,000, to remain available until September 30, 2015: Provided , That of the total amount provided, up to $1,000,000 may be transferred to the Department of Justice Executive Office of Immigration Review to improve case management and electronic communication with U.S. Immigration and Customs Enforcement: Provided further , That no transfer described in the previous proviso shall occur until 15 days after the Committees on Appropriations of the Senate and the House of Representatives are notified of such transfer. Construction For necessary expenses to plan, construct, renovate, equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $5,000,000, to remain available until September 30, 2016. Transportation security administration Aviation security For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant to the Aviation and Transportation Security Act ( Public Law 107–71 ; 115 Stat. 597; 49 U.S.C. 40101 note), $5,052,620,000, to remain available until September 30, 2014, of which not to exceed $7,650 shall be for official reception and representation expenses: Provided , That of the total amount made available under this heading, not to exceed $3,975,517,000 shall be for screening operations, of which $408,930,000 shall be available for explosives detection systems; $115,204,000 shall be for checkpoint support; and not to exceed $1,077,103,000 shall be for aviation security direction and enforcement: Provided further , That of the amount made available in the preceding proviso for explosives detection systems, $99,930,000 shall be available for the purchase and installation of these systems: Provided further , That any award to deploy explosives detection systems shall be based on risk, the airport's current reliance on other screening solutions, lobby congestion resulting in increased security concerns, high injury rates, airport readiness, and increased cost effectiveness: Provided further , That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: Provided further , That the sum appropriated under this heading from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2013 so as to result in a final fiscal year appropriation from the general fund estimated at not more than $2,982,620,000: Provided further , That any security service fees collected in excess of the amount made available under this heading shall become available during fiscal year 2014: Provided further , That notwithstanding section 44923 of title 49, United States Code, for fiscal year 2013, any funds in the Aviation Security Capital Fund established by section 44923(h) of title 49, United States Code, may be used for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described in section 44923(a) of such title: Provided further , That none of the funds made available in this Act may be used for any recruiting or hiring of personnel into the Transportation Security Administration that would cause the agency to exceed a staffing level of 46,000 full-time equivalent screeners: Provided further , That the preceding proviso shall not apply to personnel hired as part-time employees: Provided further , That not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a detailed report on— (1) the Department of Homeland Security efforts and resources being devoted to develop more advanced integrated passenger screening technologies for the most effective security of passengers and baggage at the lowest possible operating and acquisition costs; (2) how the Transportation Security Administration is deploying its existing passenger and baggage screener workforce in the most cost effective manner; and (3) labor savings from the deployment of improved technologies for passenger and baggage screening and how those savings are being used to offset security costs or reinvested to address security vulnerabilities: Provided further , That the Administrator of the Transportation Security Administration shall, within 270 days of the date of enactment of this Act, establish procedures allowing members of cabin flight crews of air carriers to participate in the Known Crewmember pilot program, unless the Administrator determines that meeting the requirement within this timeline is not practicable and informs the Committees on Appropriations of the Senate and House of Representatives of the basis for that determination and the new timeline for implementing the requirement: Provided further , That Members of the United States House of Representatives and United States Senate, including the leadership; the heads of Federal agencies and commissions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General, Deputy Attorney General, Assistant Attorneys General, and the United States Attorneys; and senior members of the Executive Office of the President, including the Director of the Office of Management and Budget, shall not be exempt from Federal passenger and baggage screening. Surface transportation security For necessary expenses of the Transportation Security Administration related to surface transportation security activities, $124,418,000, to remain available until September 30, 2014. Transportation threat assessment and credentialing For necessary expenses for the development and implementation of screening programs of the Office of Transportation Threat Assessment and Credentialing, $192,424,000, to remain available until September 30, 2014. Transportation security support For necessary expenses of the Transportation Security Administration related to transportation security support and intelligence pursuant to the Aviation and Transportation Security Act ( Public Law 107–71 ; 115 Stat. 597; 49 U.S.C. 40101 note), $954,277,000, to remain available until September 30, 2014: Provided , That of the funds appropriated under this heading, $20,000,000 may not be obligated for headquarters administration until the Administrator of the Transportation Security Administration submits to the Committees on Appropriations of the Senate and the House of Representatives detailed expenditure plans for air cargo security, checkpoint support, and explosives detection systems refurbishment, procurement, and installations on an airport-by-airport basis for fiscal year 2013: Provided further , That these plans shall be submitted not later than 60 days after the date of enactment of this Act. Federal air marshals For necessary expenses of the Federal Air Marshal Service, $907,757,000: Provided , That the Director of the Federal Air Marshal Service shall submit to the Committees on Appropriations of the Senate and the House of Representatives not later than 45 days after the date of enactment of this Act a detailed, classified expenditure and staffing plan for ensuring optimal coverage of high risk flights. Coast Guard Operating expenses For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of no more than $700,000) and repairs and service-life replacements, not to exceed a total of $31,000,000; purchase or lease of boats necessary for overseas deployments and activities; minor shore construction projects not exceeding $1,000,000 in total cost on any location; payments pursuant to section 156 of Public Law 97–377 ( 42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; $7,074,782,000; of which $594,000,000 shall be for defense-related activities, of which $254,000,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985; of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ); and of which not to exceed $15,300 shall be for official reception and representation expenses: Provided , That none of the funds made available by this Act shall be for expenses incurred for recreational vessels under section 12114 of title 46, United States Code, except to the extent fees are collected from owners of yachts and credited to this appropriation: Provided further , That of the funds provided under this heading, $75,000,000 shall be withheld from obligation for Coast Guard Headquarters Directorates until a revised future-years capital investment plan for fiscal years 2014 through 2018, as specified under the heading Coast Guard Acquisition, Construction, and Improvements of this Act is submitted to the Committees on Appropriations of the Senate and the House of Representatives: Provided further , That funds made available under this heading for Overseas Contingency Operations/Global War on Terrorism may be allocated by program, project, and activity, notwithstanding section 503 of this Act. Environmental compliance and restoration For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter 19 of title 14, United States Code, $13,151,000, to remain available until September 30, 2017. Reserve training For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the Coast Guard reserve program; personnel and training costs; and equipment and services; $132,528,000. Acquisition, construction, and improvements For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; and maintenance, rehabilitation, lease and operation of facilities and equipment; as authorized by law; $1,545,393,000; of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ); of which $10,000,000 shall remain available until September 30, 2017, for military family housing, of which not more than $6,828,691 shall be derived from the Coast Guard Housing Fund established pursuant to 14 U.S.C. 687 ; of which $1,082,800,000 shall be available until September 30, 2017, to acquire, effect major repairs to, renovate, or improve vessels, small boats, and related equipment; of which $190,500,000 shall be available until September 30, 2017, to acquire, effect major repairs to, renovate, or improve aircraft or increase aviation capability; of which $64,000,000 shall be available until September 30, 2017, for other acquisition programs; of which $84,411,000 shall be available until September 30, 2017, for shore facilities and aids to navigation, including waterfront facilities at Navy installations used by the Coast Guard; of which $113,682,000 shall be available for personnel compensation and benefits and related costs: Provided , That the funds provided by this Act shall be immediately available and allotted to contract for the production of the sixth National Security Cutter notwithstanding the availability of funds for post-production costs: Provided further , That the funds provided by this Act shall be immediately available and allotted to contract for long lead time materials, components, and designs for the seventh National Security Cutter notwithstanding the availability of funds for production costs or post-production costs: Provided further , That the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President's budget is submitted each year under section 1105(a) of title 31, United States Code, a future-years capital investment plan for the Coast Guard that identifies for each requested capital asset— (1) the proposed appropriations included in that budget; (2) the total estimated cost of completion, including and clearly delineating the costs of associated major acquisition systems infrastructure and transition to operations; (3) projected funding levels for each fiscal year for the next 5 fiscal years or until acquisition program baseline or project completion, whichever is earlier; (4) an estimated completion date at the projected funding levels; and (5) a current acquisition program baseline for each capital asset, as applicable, that— (A) includes the total acquisition cost of each asset, subdivided by fiscal year and including a detailed description of the purpose of the proposed funding levels for each fiscal year, including for each fiscal year funds requested for design, pre-acquisition activities, production, structural modifications, missionization, post-delivery, and transition to operations costs; (B) includes a detailed project schedule through completion, subdivided by fiscal year, that details— (i) quantities planned for each fiscal year; and (ii) major acquisition and project events, including development of operational requirements, contracting actions, design reviews, production, delivery, test and evaluation, and transition to operations, including necessary training, shore infrastructure, and logistics; (C) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion from the original acquisition program baseline and the most recent baseline approved by the Department of Homeland Security's Acquisition Review Board, if applicable; (D) aligns the acquisition of each asset to mission requirements by defining existing capabilities of comparable legacy assets, identifying known capability gaps between such existing capabilities and stated mission requirements, and explaining how the acquisition of each asset will address such known capability gaps; (E) defines life-cycle costs for each asset and the date of the estimate on which such costs are based, including all associated costs of major acquisitions systems infrastructure and transition to operations, delineated by purpose and fiscal year for the projected service life of the asset; (F) includes the earned value management system summary schedule performance index and cost performance index for each asset, if applicable; and (G) includes a phase-out and decommissioning schedule delineated by fiscal year for each existing legacy asset that each asset is intended to replace or recapitalize: Provided further , That the Commandant of the Coast Guard shall ensure that amounts specified in the future-years capital investment plan are consistent, to the maximum extent practicable, with proposed appropriations necessary to support the programs, projects, and activities of the Coast Guard in the President's budget as submitted under section 1105(a) of title 31, United States Code, for that fiscal year: Provided further , That any inconsistencies between the capital investment plan and proposed appropriations shall be identified and justified: Provided further , That subsections (a) and (b) of section 6402 of Public Law 110–28 shall apply with respect to the amounts made available under this heading. Research, development, test, and evaluation For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $19,690,000, to remain available until September 30, 2017, of which $500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ): Provided , That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries for expenses incurred for research, development, testing, and evaluation. Retired pay For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, payment for career status bonuses, concurrent receipts and combat-related special compensation under the National Defense Authorization Act, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $1,423,000,000, to remain available until expended. United states secret service Salaries and expenses For necessary expenses of the United States Secret Service, including purchase of not to exceed 652 vehicles for police-type use for replacement only; hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; services of expert witnesses at such rates as may be determined by the Director of the Secret Service; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; payment of per diem or subsistence allowances to employees in cases in which a protective assignment on the actual day or days of the visit of a protectee requires an employee to work 16 hours per day or to remain overnight at a post of duty; conduct of and participation in firearms matches; presentation of awards; travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if approval is obtained in advance from the Committees on Appropriations of the Senate and the House of Representatives; research and development; grants to conduct behavioral research in support of protective research and operations; and payment in advance for commercial accommodations as may be necessary to perform protective functions; $1,555,913,000; of which not to exceed $19,125 shall be for official reception and representation expenses; of which not to exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; of which $2,366,000 shall be for forensic and related support of investigations of missing and exploited children; of which $6,000,000 shall be for a grant for activities related to investigations of missing and exploited children and shall remain available until September 30, 2014; and of which $4,000,000 shall be for activities related to training in electronic crimes investigations and forensics: Provided , That up to $18,000,000 for protective travel shall remain available until September 30, 2014: Provided further , That $4,500,000 for National Special Security Events shall remain available until September 30, 2014: Provided further , That the United States Secret Service is authorized to obligate funds in anticipation of reimbursements from Federal agencies and entities, as defined in section 105 of title 5, United States Code, for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available under this heading at the end of the fiscal year: Provided further , That none of the funds made available under this heading shall be available to compensate any employee for overtime in an annual amount in excess of $35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount as necessary for national security purposes: Provided further , That none of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided further , That the Director of the United States Secret Service may enter into an agreement to provide such protection on a fully reimbursable basis: Provided further , That none of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be obligated for the purpose of opening a new permanent domestic or overseas office or location unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such obligation: Provided further , That for purposes of section 503(b) of this Act, $15,000,000 or 10 percent, whichever is less, may be transferred between Protection of persons and facilities and Domestic field operations . Acquisition, construction, improvements, and Related Expenses For necessary expenses for acquisition, construction, repair, alteration, and improvement of physical and technological infrastructure, $56,750,000; of which $4,430,000, to remain available until September 30, 2017, shall be for acquisition, construction, improvement, and maintenance of facilities; and of which $52,320,000, to remain available until September 30, 2015, shall be for information integration and technology transformation execution: Provided , That the Director of the United States Secret Service shall submit to the Committees on Appropriations of the Senate and the House of Representatives at the time that the President’s budget proposal for fiscal year 2014 is submitted pursuant to the requirements of section 1105(a) of title 31, United States Code, a multi-year investment and management plan for its Information Integration and Technology Transformation program that describes funding for the current fiscal year and the following 3 fiscal years, with associated plans for systems acquisition and technology deployment. III Protection, preparedness, response, and recovery National protection and programs directorate Management and administration For salaries and expenses of the Office of the Under Secretary for the National Protection and Programs Directorate, support for operations, and information technology, $50,220,000: Provided , That not to exceed $3,825 shall be for official reception and representation expenses. Infrastructure protection and information security For necessary expenses for infrastructure protection and information security programs and activities, as authorized by title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ), $1,157,529,000, of which $200,000,000, shall remain available until September 30, 2014: Provided , That of the total amount provided for the Infrastructure security compliance program, project, and activity, $20,000,000 shall not be available for obligation until the Under Secretary for the National Protection and Programs Directorate submits to the Committees on Appropriations of the Senate and the House of Representatives an expenditure plan for the Chemical Facility Anti-Terrorism Standards program that includes the number of facilities covered by the program, inspectors on-board, inspections pending, and inspections projected to be completed by September 30, 2013. Federal protective service The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally owned and leased buildings and for the operations of the Federal Protective Service: Provided , That the Secretary of Homeland Security and the Director of the Office of Management and Budget shall certify in writing to the Committees on Appropriations of the Senate and the House of Representatives not later than May 1, 2013, that the operations of the Federal Protective Service will be fully funded in fiscal year 2013 through revenues and collection of security fees, and shall adjust the fees to ensure fee collections are sufficient to ensure that the Federal Protective Service maintains not fewer than 1,371 full-time equivalent staff and 1,007 full-time equivalent Police Officers, Inspectors, Area Commanders, and Special Agents who, while working, are directly engaged on a daily basis protecting and enforcing laws at Federal buildings (referred to as in-service field staff ): Provided further , That the Director of the Federal Protective Service shall include with the submission of the President's fiscal year 2014 budget a strategic human capital plan that aligns fee collections to personnel requirements based on a current threat assessment. Office of biometric identity management For necessary expenses for the Office of Biometric Identity Management, as authorized by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), $232,422,000: Provided , That of the total amount made available under this heading, $113,956,000 shall remain available until September 30, 2015: Provided further , That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, not later than 60 days after the date of enactment of this Act, an expenditure plan for the Office of Biometric Identity Management: Provided further , That the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives at the time the President's budget is submitted each year under section 1105(a) of title 31, United States Code, a multi-year investment and management plan for the Office of Biometric Identity Management program, to include each fiscal year starting with the current fiscal year and the 3 subsequent fiscal years, that provides— (1) the proposed appropriation for each activity tied to mission requirements and outcomes, program management capabilities, performance levels, and specific capabilities and services to be delivered, noting any deviations in cost or performance from the prior fiscal years expenditure or investment and management plan for United States Visitor and Immigrant Status Indicator Technology; (2) the total estimated cost, projected funding by fiscal year, and projected timeline of completion for all enhancements, modernizations, and new capabilities proposed in such budget and underway, including and clearly delineating associated efforts and funds requested by other agencies within the Department of Homeland Security and in the Federal Government and detailing any deviations in cost, performance, schedule, or estimated date of completion provided in the prior fiscal years expenditure or investment and management plan for United States Visitor and Immigrant Status Indicator Technology; and (3) a detailed accounting of operations and maintenance, contractor services, and program costs associated with the management of identity services: Provided further , That amounts obligated under Public Law 112–175 for National Protection and Programs Directorate, United States Visitor and Immigrant Status Indicator Technology shall be charged to the appropriate successor account of the following: National Protection and Programs Directorate, Office of Biometric Identity Management ; U.S. Customs and Border Protection, Salaries and Expenses ; or U.S. Immigration and Customs Enforcement, Salaries and Expenses . Office of health affairs For necessary expenses of the Office of Health Affairs, $132,499,000; of which $26,702,000 is for salaries and expenses; and of which $85,390,000 is for BioWatch operations: Provided , That of the amount made available under this heading, $20,407,000 shall remain available until September 30, 2014, for biosurveillance, chemical defense, medical and health planning and coordination, and workforce health protection: Provided further , That not to exceed $2,250 shall be for official reception and representation expenses. Federal emergency management agency Salaries and expenses For necessary expenses of the Federal Emergency Management Agency, $973,118,000, including activities authorized by the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114 Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the National Security Act of 1947 ( 50 U.S.C. 404 , 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ), the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ), the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ), the Post-Katrina Emergency Management Reform Act of 2006 ( Public Law 109–295 ; 120 Stat. 1394), and the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 , 126 Stat. 917): Provided , That not to exceed $2,250 shall be for official reception and representation expenses: Provided further , That for fiscal year 2013 and thereafter, for purposes of planning, coordination, execution, and decision making related to mass evacuation during a disaster, the Governors of the State of West Virginia and the Commonwealth of Pennsylvania, or their designees, shall be incorporated into efforts to integrate the activities of Federal, State, and local governments in the National Capital Region, as defined in section 882 of the Homeland Security Act of 2002 (Public Law 107–296): Provided further , That of the total amount made available under this heading, $35,180,000 shall be for the Urban Search and Rescue Response System, of which none is available for Federal Emergency Management Agency administrative costs: Provided further , That of the total amount made available under this heading, $22,000,000 shall remain available until September 30, 2014, for capital improvements and other expenses related to continuity of operations at the Mount Weather Emergency Operations Center: Provided further , That of the total amount made available under this heading, $5,000,000 shall remain available until September 30, 2014, for expenses related to modernization of automated systems: Provided further , That the Administrator of the Federal Emergency Management Agency, in consultation with the Department of Homeland Security Chief Information Officer, shall submit to the Committees on Appropriations of the Senate and the House of Representatives an expenditure plan including results to date, plans for the program, and a list of projects with associated funding provided from prior appropriations and provided by this Act for modernization of automated systems. State and local programs For grants contracts, cooperative agreements, and other activities, $1,466,082,000, which shall be allocated as follows: (1) Not less than $346,600,000 shall be for the State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 605 ), of which not less than $46,600,000 shall be for Operation Stonegarden: Provided , That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2013, the Commonwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004. (2) Not less than $500,376,000 shall be for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 ), of which not less than $10,000,000 shall be for organizations (as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax section 501(a) of such code) determined by the Secretary of Homeland Security to be at high risk of a terrorist attack. (3) Not less than $97,500,000 shall be for Public Transportation Security Assistance and Railroad Security Assistance under sections 1406 and 1513 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1135 and 1163), of which not less than $10,000,000 shall be for Amtrak security: Provided , That such public transportation security assistance shall be provided directly to public transportation agencies. (4) Not less than $97,500,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107. (5) Notwithstanding section 503 of this Act, $188,932,000 shall be distributed, according to threat, vulnerability, and consequence, at the discretion of the Secretary of Homeland Security based on the following authorities: (A) The State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 605 ): Provided , That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2013, the Commonwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004. (B) Operation Stonegarden. (C) The Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604). (D) Organizations (as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax section 501(a) of such code) determined by the Secretary of Homeland Security to be at high risk of a terrorist attack. (E) Public Transportation Security Assistance and Railroad Security Assistance, under sections 1406 and 1513 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135 and 1163), including Amtrak security: Provided , That such public transportation security assistance shall be provided directly to public transportation agencies. (F) Port Security Grants in accordance with 46 U.S.C. 70107. (G) Over-the-Road Bus Security Assistance under section 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1182 ). (H) The Metropolitan Medical Response System under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 ( 6 U.S.C. 723 ). (I) The Citizen Corps Program. (J) The Driver’s License Security Grants Program in accordance with section 204 of the REAL ID Act of 2005 ( 49 U.S.C. 30301 note). (K) The Interoperable Emergency Communications Grant Program under section 1809 of the Homeland Security Act of 2002 ( 6 U.S.C. 579 ). (L) Emergency Operations Centers under section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5196c ). (M) The Buffer Zone Protection Program Grants. (N) Regional Catastrophic Preparedness Grants. (6) $235,174,000 shall be to sustain current operations for training, exercises, technical assistance, and other programs, of which $157,991,000 shall be for training of State, local, and tribal emergency response providers: Provided , That for grants under paragraphs (1) through (5), applications for grants shall be made available to eligible applicants not later than 60 days after the date of enactment of this Act, that eligible applicants shall submit applications not later than 80 days after the grant announcement, and the Administrator of the Federal Emergency Management Agency shall act within 65 days after the receipt of an application: Provided further , That notwithstanding section 2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), or any other provision of law, a grantee may not use more than 5 percent of the amount of a grant made available under this heading for expenses directly related to administration of the grant: Provided further , That for grants under paragraphs (1) and (2), the installation of communications towers is not considered construction of a building or other physical facility: Provided further , That grantees shall provide reports on their use of funds, as determined necessary by the Secretary of Homeland Security: Provided further , That in fiscal year 2013 and thereafter: (a) the Center for Domestic Preparedness may provide training to emergency response providers from the Federal Government, foreign governments, or private entities, if the Center for Domestic Preparedness is reimbursed for the cost of such training, and any reimbursement under this subsection shall be credited to the account from which the expenditure being reimbursed was made and shall be available, without fiscal year limitation, for the purposes for which amounts in the account may be expended; (b) the head of the Center for Domestic Preparedness shall ensure that any training provided under (a) does not interfere with the primary mission of the Center to train State and local emergency response providers; and (c) subject to (b), nothing in (a) prohibits the Center for Domestic Preparedness from providing training to employees of the Federal Emergency Management Agency in existing chemical, biological, radiological, nuclear, explosives, mass casualty, and medical surge courses pursuant to 5 U.S.C. 4103 without reimbursement for the cost of such training. Firefighter assistance grants For grants for programs authorized by the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ), $675,000,000, to remain available until September 30, 2014, of which $337,500,000 shall be available to carry out section 33 of that Act (15 U.S.C. 2229) and $337,500,000 shall be available to carry out section 34 of that Act ( 15 U.S.C. 2229a ). Emergency management performance grants For emergency management performance grants, as authorized by the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7701 et seq. ), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $350,000,000. Radiological emergency preparedness program The aggregate charges assessed during fiscal year 2013, as authorized in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 ( 42 U.S.C. 5196e ), shall not be less than 100 percent of the amounts anticipated by the Department of Homeland Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided , That the methodology for assessment and collection of fees shall be fair and equitable and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further , That fees received under this heading shall be deposited in this account as offsetting collections and will become available for authorized purposes on October 1, 2013, and remain available until September 30, 2015. United states fire administration For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ), $44,000,000. Disaster relief fund (including transfer of funds) For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $7,007,926,000, to remain available until expended, of which $24,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters: Provided , That the Administrator of the Federal Emergency Management Agency shall submit an expenditure plan to the Committees on Appropriations of the Senate and the House of Representatives detailing the use of the funds made available in this or any other Act for disaster readiness and support not later than 60 days after the date of enactment of this Act: Provided further , That the Administrator of the Federal Emergency Management Agency shall submit to such Committees a quarterly report detailing obligations against the expenditure plan and a justification for any changes from the initial plan: Provided further , That the Administrator of the Federal Emergency Management Agency shall submit to the Committees on Appropriations of the Senate and the House of Representatives the following reports, including a specific description of the methodology and the source data used in developing such reports: (1) an estimate of the following amounts shall be submitted for the budget year at the time that the President's budget is submitted each year under section 1105(a) of title 31, United States Code: (A) the unobligated balance of funds to be carried over from the prior fiscal year to the budget year; (B) the unobligated balance of funds to be carried over from the budget year to the budget year plus 1; (C) the amount of obligations for non-catastrophic events for the budget year; (D) the amount of obligations for the budget year for catastrophic events delineated by event and by State; (E) the total amount that has been previously obligated or will be required for catastrophic events delineated by event and by State for all prior years, the current year, the budget year, the budget year plus 1, the budget year plus 2, and the budget year plus 3 and beyond; (F) the amount of previously obligated funds that will be recovered for the budget year; (G) the amount that will be required for obligations for emergencies, as described in section 102(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(1) ), major disasters, as described in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(2) ), fire management assistance grants, as described in section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ), surge activities, and disaster readiness and support activities; (H) the amount required for activities not covered under section 251(b)(2)(D)(iii) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(D)(iii) ; Public Law 99–177); (2) an estimate or actual amounts, if available, of the following for the current fiscal year shall be submitted not later than the fifth day of each month: (A) a summary of the amount of appropriations made available by source, the transfers executed, the previously allocated funds recovered, and the commitments, allocations, and obligations made; (B) a table of disaster relief activity delineated by month, including— (i) the beginning and ending balances; (ii) the total obligations to include amounts obligated for fire assistance, emergencies, surge, and disaster support activities; (iii) the obligations for catastrophic events delineated by event and by State; and (iv) the amount of previously obligated funds that are recovered; (C) a summary of allocations, obligations, and expenditures for catastrophic events delineated by event; and (D) the date on which funds appropriated will be exhausted: Provided further , That of the amount provided under this heading, $6,400,000,000 is for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That the amount in the preceding proviso is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. Flood hazard mapping and risk analysis program For necessary expenses, including administrative costs, under section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 ) and under sections 100215, 100216, 100226, 100230, and 100246 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 , 126 Stat. 917), $95,329,000, and such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act ( 42 U.S.C. 4101(f)(2) ), to remain available until expended. National flood insurance fund For activities under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4001 et seq. ), and the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 , 126 Stat. 917), $171,000,000, which shall be derived from offsetting amounts collected under section 1308(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(d) ); of which not to exceed $22,000,000 shall be available for salaries and expenses associated with flood mitigation and flood insurance operations; and not less than $149,000,000 shall be available for flood plain management and flood mapping, to remain available until September 30, 2014: Provided , That any additional fees collected pursuant to section 1308(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(d) ) shall be credited as an offsetting collection to this account, to be available for flood plain management and flood mapping: Provided further , That in fiscal year 2013, no funds shall be available from the National Flood Insurance Fund under section 1310 of that Act ( 42 U.S.C. 4017 ) in excess of: (1) $132,000,000 for operating expenses; (2) $1,056,602,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; and (4) $120,000,000, which shall remain available until expended, for flood mitigation actions under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ): Provided further , That the amounts collected under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 1366(e) of the National Flood Insurance Act of 1968 shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available for section 1366 of the National Flood Insurance Act of 1968, notwithstanding subsection (f)(8) of such section 102 (42 U.S.C. 4012a(f)(8)) and subsection 1366(e) and paragraphs (2) and (3) of section 1367(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c(e) , 4104d(b)(2)–(3)): Provided further , That total administrative costs shall not exceed 4 percent of the total appropriation. National predisaster mitigation fund For the predisaster mitigation grant program under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ), $25,000,000, to remain available until expended. Emergency food and shelter To carry out the emergency food and shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11331 et seq. ), $120,000,000, to remain available until expended: Provided , That total administrative costs shall not exceed 3.5 percent of the total amount made available under this heading. IV Research and development, training, and services United states citizenship and immigration services For necessary expenses for citizenship and immigration services, $111,924,000 for the E-Verify Program, as described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), to assist United States employers with maintaining a legal workforce: Provided , That notwithstanding any other provision of law, funds otherwise made available to United States Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up to 5 vehicles, for replacement only, for areas where the Administrator of General Services does not provide vehicles for lease: Provided further , That the Director of United States Citizenship and Immigration Services may authorize employees who are assigned to those areas to use such vehicles to travel between the employees' residences and places of employment. Federal law enforcement training center Salaries and expenses For necessary expenses of the Federal Law Enforcement Training Center, including materials and support costs of Federal law enforcement basic training; the purchase of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles; expenses for student athletic and related activities; the conduct of and participation in firearms matches and presentation of awards; public awareness and enhancement of community support of law enforcement training; room and board for student interns; a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized by section 3109 of title 5, United States Code; $228,467,000; of which up to $44,758,000 shall remain available until September 30, 2014, for materials and support costs of Federal law enforcement basic training; of which $300,000 shall remain available until expended to be distributed to Federal law enforcement agencies for expenses incurred participating in training accreditation; and of which not to exceed $9,180 shall be for official reception and representation expenses: Provided , That the Center is authorized to obligate funds in anticipation of reimbursements from agencies receiving training sponsored by the Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year: Provided further , That section 1202(a) of Public Law 107–206 ( 42 U.S.C. 3771 note), as amended by Public Law 112–74 , is further amended by striking December 31, 2014 and inserting December 31, 2015 : Provided further , That the Director of the Federal Law Enforcement Training Center shall schedule basic or advanced law enforcement training, or both, at all four training facilities under the control of the Federal Law Enforcement Training Center to ensure that such training facilities are operated at the highest capacity throughout the fiscal year: Provided further , That the Federal Law Enforcement Training Accreditation Board, including representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors. Acquisitions, construction, improvements, and related expenses For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, and related expenses of the Federal Law Enforcement Training Center, $28,385,000, to remain available until September 30, 2017: Provided , That the Center is authorized to accept reimbursement to this appropriation from government agencies requesting the construction of special use facilities. Science and technology Management and administration For salaries and expenses of the Office of the Under Secretary for Science and Technology and for management and administration of programs and activities, as authorized by title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ), $132,000,000: Provided , That not to exceed $7,650 shall be for official reception and representation expenses. Research, development, acquisition, and operations For necessary expenses for science and technology research, including advanced research projects, development, test and evaluation, acquisition, and operations as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease of not to exceed 5 vehicles, $703,471,000; of which $538,539,000 shall remain available until September 30, 2015; and of which $164,932,000 shall remain available until September 30, 2017, solely for operation and construction of laboratory facilities. Domestic nuclear detection office Management and administration For salaries and expenses of the Domestic Nuclear Detection Office, as authorized by title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 591 et seq. ), for management and administration of programs and activities, $39,650,000: Provided , That not to exceed $2,250 shall be for official reception and representation expenses: Provided further , That not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a strategic plan of investments necessary to implement the Department of Homeland Security's responsibilities under the domestic component of the global nuclear detection architecture that shall: (1) define the role and responsibilities of each Departmental component in support of the domestic detection architecture, including any existing or planned programs to pre-screen cargo or conveyances overseas; (2) identify and describe the specific investments being made by each Departmental component in fiscal year 2013 and planned for fiscal year 2014 to support the domestic architecture and the security of sea, land, and air pathways into the United States; (3) describe the investments necessary to close known vulnerabilities and gaps, including associated costs and timeframes, and estimates of feasibility and cost effectiveness; and (4) explain how the Department's research and development funding is furthering the implementation of the domestic nuclear detection architecture, including specific investments planned for each of fiscal years 2013 and 2014. Research, development, and operations For necessary expenses for radiological and nuclear research, development, testing, evaluation, and operations, $226,830,000, to remain available until September 30, 2014. Systems acquisition For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance with the global nuclear detection architecture, $51,455,000, to remain available until September 30, 2015. V General provisions 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 502. Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act, may be merged with funds in the applicable established accounts, and thereafter may be accounted for as one fund for the same time period as originally enacted. 503. (a) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2013, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program, project, or activity; (2) eliminates a program, project, office, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or the House of Representatives for a different purpose; or (5) contracts out any function or activity for which funding levels were requested for Federal full-time equivalents in the object classification tables contained in the fiscal year 2013 Budget Appendix for the Department of Homeland Security, as modified by the joint explanatory statement accompanying this Act, unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds. (b) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2013, or provided from any accounts in the Treasury of the United States derived by the collection of fees or proceeds available to the agencies funded by this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $5,000,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity; (3) reduces by 10 percent the numbers of personnel approved by the Congress; or (4) results from any general savings from a reduction in personnel that would result in a change in existing programs, projects, or activities as approved by the Congress, unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds. (c) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfers: Provided , That any transfer under this section shall be treated as a reprogramming of funds under subsection (b) and shall not be available for obligation unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such transfer. (d) Notwithstanding subsections (a), (b), and (c) of this section, no funds shall be reprogrammed within or transferred between appropriations after June 30, except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. (e) The notification thresholds and procedures set forth in this section shall apply to any use of deobligated balances of funds provided in previous Department of Homeland Security Appropriations Acts. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103–356 (31 U.S.C. 501 note), shall continue operations as a permanent working capital fund for fiscal year 2013: Provided , That none of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to the Working Capital Fund, except for the activities and amounts allowed in the President's fiscal year 2013 budget: Provided further , That funds provided to the Working Capital Fund shall be available for obligation until expended to carry out the purposes of the Working Capital Fund: Provided further , That all departmental components shall be charged only for direct usage of each Working Capital Fund service: Provided further , That funds provided to the Working Capital Fund shall be used only for purposes consistent with the contributing component: Provided further , That the Working Capital Fund shall be paid in advance or reimbursed at rates which will return the full cost of each service: Provided further , That the Working Capital Fund shall be subject to the requirements of section 503 of this Act. 505. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2013 from appropriations for salaries and expenses for fiscal year 2013 in this Act shall remain available through September 30, 2014, in the account and for the purposes for which the appropriations were provided: Provided , That prior to the obligation of such funds, a request shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives for approval in accordance with section 503 of this Act. 506. Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2013 until the enactment of an Act authorizing intelligence activities for fiscal year 2013. 507. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used to— (1) make or award a grant allocation, grant, contract, other transaction agreement, task or delivery order on a Department of Homeland Security multiple award contract, or to issue a letter of intent totaling in excess of $1,000,000; (2) award a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Department of Homeland Security funds or a task or delivery order that would cause cumulative obligations of multi-year funds in a single account to exceed 50 percent of the total amount appropriated; (3) make a sole-source grant award; or (4) announce publicly the intention to make or award items under paragraph (1), (2), or (3) including a contract covered by the Federal Acquisition Regulation. (b) The Secretary of Homeland Security may waive the prohibition under subsection (a) if the Secretary notifies the Committees on Appropriations of the Senate and the House of Representatives at least 3 full business days in advance of making an award or issuing a letter as described in that subsection. (c) If the Secretary of Homeland Security determines that compliance with this section would pose a substantial risk to human life, health, or safety, an award may be made without notification, and the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives not later than 5 full business days after such an award is made or letter issued. (d) A notification under this section— (1) may not involve funds that are not available for obligation; and (2) shall include the amount of the award; the fiscal year for which the funds for the award were appropriated; type of contract; and the account and each program, project, and activity from which the funds are being drawn. (e) The Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full business days in advance of announcing publicly the intention of making an award under State and Local Programs . 508. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the Senate and the House of Representatives, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training that cannot be accommodated in existing Center facilities. 509. None of the funds appropriated or otherwise made available by this Act may be used for expenses for any construction, repair, alteration, or acquisition project for which a prospectus otherwise required under chapter 33 of title 40, United States Code, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus. 510. (a) Sections 520, 522, and 530 of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161; 121 Stat. 2073 and 2074) shall apply with respect to funds made available in this Act in the same manner as such sections applied to funds made available in that Act. (b) The third proviso of section 537 of the Department of Homeland Security Appropriations Act, 2006 ( 6 U.S.C. 114 ), shall not apply with respect to funds made available in this Act. 511. None of the funds made available in this Act may be used in contravention of the applicable provisions of the Buy American Act. For purposes of the preceding sentence, the term Buy American Act means chapter 83 of title 41, United States Code. 512. None of the funds made available in this Act may be used by any person other than the Privacy Officer appointed under subsection (a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142(a)) to alter, direct that changes be made to, delay, or prohibit the transmission to Congress of any report prepared under paragraph (6) of such subsection. 513. None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 ). 514. Within 45 days after the end of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a monthly budget and staffing report for that month that includes total obligations, on-board versus funded full-time equivalent staffing levels, and the number of contract employees for each office of the Department. 515. Except as provided in section 44945 of title 49, United States Code, funds appropriated or transferred to Transportation Security Administration Aviation Security , Administration , and Transportation Security Support for fiscal years 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. 516. None of the funds appropriated by this Act may be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided as of June 1, 2004, by employees (including employees serving on a temporary or term basis) of United States Citizenship and Immigration Services of the Department of Homeland Security who are known as of that date as Immigration Information Officers, Contact Representatives, or Investigative Assistants. 517. Any funds appropriated to Coast Guard Acquisition, Construction, and Improvements for fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol boat conversion that are recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation, shall be available until expended for the Fast Response Cutter program. 518. Section 532(a) of Public Law 109–295 (120 Stat. 1384) is amended by striking 2012 and inserting 2013 . 519. The functions of the Federal Law Enforcement Training Center instructor staff shall be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform Act of 1998 ( 31 U.S.C. 501 note). 520. (a) Except as provided in subsection (b), none of the funds appropriated in this or any other Act to the Office of the Secretary and Executive Management , the Office of the Under Secretary for Management , or the Office of the Chief Financial Officer , may be obligated for a grant or contract funded under such headings by any means other than full and open competition. (b) Subsection (a) does not apply to obligation of funds for a contract awarded— (1) by a means that is required by a Federal statute, including obligation for a purchase made under a mandated preferential program, including the AbilityOne Program, that is authorized under chapter 85 of title 41, United States Code; (2) pursuant to the Small Business Act ( 15 U.S.C. 631 et seq. ); (3) in an amount less than the simplified acquisition threshold described under section 3101 (b) of title 41, United States Code; or (4) by another Federal agency using funds provided through an interagency agreement. (c) (1) Subject to paragraph (2), the Secretary of Homeland Security may waive the application of this section for the award of a contract in the interest of national security or if failure to do so would pose a substantial risk to human health or welfare. (2) Not later than 5 days after the date on which the Secretary of Homeland Security issues a waiver under this subsection, the Secretary shall submit notification of that waiver to the Committees on Appropriations of the Senate and the House of Representatives, including a description of the applicable contract to which the waiver applies and an explanation of why the waiver authority was used: Provided , That the Secretary may not delegate the authority to grant such a waiver. (d) In addition to the requirements established by subsections (a), (b), and (c) of this section, the Inspector General of the Department of Homeland Security shall review departmental contracts awarded through means other than a full and open competition to assess departmental compliance with applicable laws and regulations: Provided , That the Inspector General shall review selected contracts awarded in the previous 3 fiscal years through means other than a full and open competition: Provided further , That in selecting which contracts to review, the Inspector General shall consider the cost and complexity of the goods and services to be provided under the contract, the criticality of the contract to fulfilling Department missions, past performance problems on similar contracts or by the selected vendor, complaints received about the award process or contractor performance, and such other factors as the Inspector General deems relevant: Provided further , That the Inspector General shall report the results of the reviews to the Committees on Appropriations of the Senate and the House of Representatives no later than February 4, 2015, and every 3 years thereafter. 521. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as a Principal Federal Official (or the successor thereto) for any Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) declared disasters or emergencies unless— (1) the responsibilities of the Principal Federal Official do not include operational functions related to incident management, including coordination of operations, and are consistent with the requirements of section 509(c) and sections 503(c)(3) and 503(c)(4)(A) of the Homeland Security Act of 2002 (6 U.S.C. 319(c) and 313(c)(3) and 313(c)(4)(A)) and section 302 of the Robert T. Stafford Disaster Relief and Assistance Act ( 42 U.S.C. 5143 ); (2) not later than 10 business days after the latter of the date on which the Secretary of Homeland Security appoints the Principal Federal Official and the date on which the President issues a declaration under section 401 or section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191, respectively), the Secretary of Homeland Security shall submit a notification of the appointment of the Principal Federal Official and a description of the responsibilities of such Official and how such responsibilities are consistent with paragraph (1) to the Committees on Appropriations of the Senate and the House of Representatives, the Transportation and Infrastructure Committee of the House of Representatives, and the Homeland Security and Governmental Affairs Committee of the Senate; and (3) not later than 60 days after the date of enactment of this Act, the Secretary shall provide a report specifying timeframes and milestones regarding the update of operations, planning and policy documents, and training and exercise protocols, to ensure consistency with paragraph (1) of this section. 522. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of the Homeland Security Act of 2002 ( 6 U.S.C. 452 ). 523. Funds made available in this Act may be used to alter operations within the Civil Engineering Program of the Coast Guard nationwide, including civil engineering units, facilities design and construction centers, maintenance and logistics commands, and the Coast Guard Academy, except that none of the funds provided in this Act may be used to reduce operations within any Civil Engineering Unit unless specifically authorized by a statute enacted after the date of enactment of this Act. 524. None of the funds made available in this Act may be used by United States Citizenship and Immigration Services to grant an immigration benefit unless the results of background checks required by law to be completed prior to the granting of the benefit have been received by United States Citizenship and Immigration Services, and the results do not preclude the granting of the benefit. 525. Section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391 ) is amended— (1) in subsection (a), by striking Until September 30, 2012, and inserting Until September 30, 2013, ; (2) in subsection (c)(1), by striking September 30, 2012, and inserting September 30, 2013, . 526. The Secretary of Homeland Security shall require that all contracts of the Department of Homeland Security that provide award fees link such fees to successful acquisition outcomes (which outcomes shall be specified in terms of cost, schedule, and performance). 527. Notwithstanding any other provision of law, none of the funds provided in this or any other Act shall be used to approve a waiver of the navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b) for the transportation of crude oil distributed from the Strategic Petroleum Reserve until the Secretary of Homeland Security, after consultation with the Secretaries of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes adequate measures to ensure the use of United States flag vessels: Provided , That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives within 2 business days of any request for waivers of navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b) . 528. None of the funds made available to the Office of the Secretary and Executive Management under this Act may be expended for any new hires by the Department of Homeland Security that are not verified through the E-Verify Program as described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). 529. None of the funds in this Act shall be used to reduce the United States Coast Guard's Operations Systems Center mission or its government-employed or contract staff levels. 530. None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided , That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further , That the prescription drug may not be— (1) a controlled substance, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); or (2) a biological product, as defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). 531. None of the funds appropriated by this Act may be used to conduct, or to implement the results of, a competition under Office of Management and Budget Circular A–76 for activities performed with respect to the Coast Guard National Vessel Documentation Center. 532. The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the Senate and the House of Representatives of any proposed transfers of funds available under section 9703.1(g)(4)(B) of title 31, United States Code (as added by Public Law 102–393 ) from the Department of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security: Provided , That none of the funds identified for such a transfer may be obligated until the Committees on Appropriations of the Senate and the House of Representatives approve the proposed transfers. 533. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card. 534. If the Administrator of the Transportation Security Administration determines that an airport does not need to participate in the E-Verify Program as described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), the Administrator shall certify to the Committees on Appropriations of the Senate and the House of Representatives that no security risks will result from such non-participation. 535. (a) Notwithstanding any other provision of this Act, except as provided in subsection (b), and 30 days after the date on which the President determines whether to declare a major disaster because of an event and any appeal is completed, the Administrator shall publish on the Web site of the Federal Emergency Management Agency a report regarding that decision that shall summarize damage assessment information used to determine whether to declare a major disaster. (b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security. (c) In this section— (1) the term Administrator means the Administrator of the Federal Emergency Management Agency; and (2) the term major disaster has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). 536. Any official that is required by this Act to report or to certify to the Committees on Appropriations of the Senate and the House of Representatives may not delegate such authority to perform that act unless specifically authorized herein. 537. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 ( Public Law 109–295 ; 6 U.S.C. 121 note), as amended by section 550 of the Department of Homeland Security Appropriations Act, 2010 ( Public Law 111–83 ), is further amended by striking on October 4, 2012 and inserting on October 4, 2013 . 538. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 539. None of the funds made available in this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301.10–124 of title 41, Code of Federal Regulations. 540. None of the funds made available in this or any other Act for fiscal year 2013 and thereafter may be used to propose or effect a disciplinary or adverse action, with respect to any Department of Homeland Security employee who engages regularly with the public in the performance of his or her official duties solely because that employee elects to utilize protective equipment or measures, including but not limited to surgical masks, N95 respirators, gloves, or hand-sanitizers, where use of such equipment or measures is in accord with Department of Homeland Security policy, and Centers for Disease Control and Prevention and Office of Personnel Management guidance. 541. None of the funds made available in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) ). 542. (a) Any company that collects or retains personal information directly from any individual who participates in the Registered Traveler or successor program of the Transportation Security Administration shall safeguard and dispose of such information in accordance with the requirements in— (1) the National Institute for Standards and Technology Special Publication 800–30, entitled Risk Management Guide for Information Technology Systems ; (2) the National Institute for Standards and Technology Special Publication 800–53, Revision 3, entitled Recommended Security Controls for Federal Information Systems and Organizations ; and (3) any supplemental standards established by the Administrator of the Transportation Security Administration (referred to in this section as the Administrator ). (b) The airport authority or air carrier operator that sponsors the company under the Registered Traveler program shall be known as the Sponsoring Entity . (c) The Administrator shall require any company covered by subsection (a) to provide, not later than 30 days after the date of enactment of this Act, to the Sponsoring Entity written certification that the procedures used by the company to safeguard and dispose of information are in compliance with the requirements under subsection (a). Such certification shall include a description of the procedures used by the company to comply with such requirements. 543. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements of a contract. 544. (a) Not later than 180 days after the date of enactment of this Act, the Administrator of the Transportation Security Administration shall submit to the Committees on Appropriations of the Senate and the House of Representatives, a report that either— (1) certifies that the requirement for screening all air cargo on passenger aircraft by the deadline under section 44901(g) of title 49, United States Code, has been met; or (2) includes a strategy to comply with the requirements under title 44901(g) of title 49, United States Code, including— (A) a plan to meet the requirement under section 44901(g) of title 49, United States Code, to screen 100 percent of air cargo transported on passenger aircraft arriving in the United States in foreign air transportation (as that term is defined in section 40102 of that title); and (B) specification of— (i) the percentage of such air cargo that is being screened; and (ii) the schedule for achieving screening of 100 percent of such air cargo. (b) The Administrator shall continue to submit reports described in subsection (a)(2) every 180 days thereafter until the Administrator certifies that the Transportation Security Administration has achieved screening of 100 percent of such air cargo. 545. In developing any process to screen aviation passengers and crews for transportation or national security purposes, the Secretary of Homeland Security shall ensure that all such processes take into consideration such passengers' and crews' privacy and civil liberties consistent with applicable laws, regulations, and guidance. 546. (a) Notwithstanding section 1356(n) of title 8, United States Code, of the funds deposited into the Immigration Examinations Fee Account, $7,500,000 shall be allocated by United States Citizenship and Immigration Services in fiscal year 2013 for the purpose of providing an immigrant integration grants program. (b) For an additional amount for United States Citizenship and Immigration Services for the purpose of providing immigrant integration grants, $2,500,000. (c) None of the funds made available to United States Citizenship and Immigration Services for grants for immigrant integration may be used to provide services to aliens who have not been lawfully admitted for permanent residence. 547. For an additional amount for necessary expenses for reimbursement of the actual costs to State and local governments for providing emergency management, public safety, and security at events, as determined by the Administrator of the Federal Emergency Management Agency, related to the presence of a National Special Security Event, $5,000,000, to remain available until September 30, 2014. 548. Notwithstanding the 10 percent limitation contained in section 503(c) of this Act, the Secretary of Homeland Security may transfer to the fund established by 8 U.S.C. 1101 note, up to $20,000,000 from appropriations available to the Department of Homeland Security: Provided , That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives 5 days in advance of such transfer. 549. None of the funds appropriated or otherwise made available by this Act may be used by the Department of Homeland Security to enter into any Federal contract unless such contract is entered into in accordance with the requirements of subtitle I of title 41, United States Code or chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless such contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes. 550. (a) For an additional amount for data center migration, $55,000,000. (b) Funds made available in subsection (a) for data center migration may be transferred by the Secretary of Homeland Security between appropriations for the same purpose, notwithstanding section 503 of this Act. (c) No transfer described in subsection (b) shall occur until 15 days after the Committees on Appropriations of the Senate and the House of Representatives are notified of such transfer. 551. Notwithstanding any other provision of law, if the Secretary of Homeland Security determines that specific U.S. Immigration and Customs Enforcement Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities no longer meet the mission need, the Secretary is authorized to dispose of individual Service Processing Centers or 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. 552. For an additional amount for the Office of the Under Secretary for Management , $29,000,000, to remain available until expended, for necessary expenses to plan, acquire, design, construct, renovate, remediate, equip, furnish, improve infrastructure, and occupy buildings and facilities for the department headquarters consolidation project and associated mission support consolidation: Provided , That the Committees on Appropriations of the Senate and the House of Representatives shall receive an expenditure plan not later than 90 days after the date of enactment of this Act detailing the allocation of these funds. 553. In making grants under the heading Firefighter Assistance Grants , the Secretary may grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a ). 554. None of the funds made available under this Act or any prior appropriations Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. 555. The Commissioner of U.S. Customs and Border Protection and the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement shall, with respect to fiscal years 2013, 2014, 2015, and 2016, submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President’s budget proposal for fiscal year 2014 is submitted pursuant to the requirements of section 1105(a) of title 31, United States Code, the information required in the multi-year investment and management plans required, respectively, under the headings U.S. Customs and Border Protection, Salaries and Expenses under title II of division D of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ), and U.S. Customs and Border Protection, Border Security Fencing, Infrastructure, and Technology under such title, and section 568 of such Act. 556. The Secretary of Homeland Security shall ensure enforcement of immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )). 557. (a) Notwithstanding Office of Management and Budget Circular A–11, funds made available in fiscal year 2013, or any fiscal year thereafter, under Department of Homeland Security, Coast Guard, Acquisition, Construction, and Improvements for— (1) long lead time materials, components, and designs of a vessel of the Coast Guard shall be immediately available and allotted to make a contract award notwithstanding the availability of funds for production, outfitting, post-delivery activities, and spare or repair parts; and (2) production of a vessel of the Coast Guard shall be immediately available and allotted to make a contract award notwithstanding the availability of funds for outfitting, post-delivery activities, and spare or repair parts. (b) The Secretary of Homeland Security shall develop fiscal policy that prescribes Coast Guard budgetary policies, procedures and technical direction necessary to comply with subsection (a) of this section and consistent with the Department of Defense Financial Management Regulation (Volume 2A, Chapter 1 C. Procedures for Full Funding) to include the costs associated with outfitting and post-delivery activities; spare and repair parts; and long lead time materials. The requirement set forth in this section shall not preclude the immediate availability or allotment of funds for fiscal year 2013, pursuant to subsection (a). (c) In this section— (1) the term long lead time items means components, parts, material, or effort which must be procured in advance of the production award in order to maintain the production schedule; (2) the term outfitting means procurement or installation of onboard repair parts, other secondary items, equipage, and recreation items; precommissioning crew support; general use consumables furnished to the shipbuilder; the fitting out activity to fill a vessel's initial allowances; and contractor-furnished spares; and (3) the term post-delivery activities means design, planning, Government-furnished material, and related labor for non-production and non-long lead time items contract activities and other work, including certifications, full operational capability activities and other equipment installation; spares, logistics, technical analysis, and support; correction of Government-responsible defects and deficiencies identified during builders trials, acceptance trials, and testing during the post-delivery period; costs of all work required to correct defects or deficiencies identified during the post-delivery period; and costs of all work required to correct trial card deficiencies on a vessel of a particular class, as well as on subsequent vessels of that class (whether or not delivered) until the corrective action for that cutter class is completed. 558. (a) Of the amounts made available by this Act for National Protection and Programs Directorate, Infrastructure Protection and Information Security , $202,000,000 for the Federal Network Security program, project, and activity shall be used to deploy on Federal systems technology to improve the information security of agency information systems covered by section 3543(a) of title 44, United States Code: Provided , That funds made available under this section shall be used to assist and support Government-wide and agency-specific efforts to provide adequate, risk-based, and cost-effective cybersecurity to address escalating and rapidly evolving threats to information security, including the acquisition and operation of a continuous monitoring and diagnostics program, in collaboration with departments and agencies, that includes equipment, software, and Department of Homeland Security supplied services: Provided further , That not later than April 1, 2013, and quarterly thereafter, the Under Secretary of Homeland Security of the National Protection and Programs Directorate shall submit to the Committees on Appropriations of the Senate and House of Representatives a report on the obligation and expenditure of funds made available under this section: Provided further , That continuous monitoring and diagnostics software procured by the funds made available by this section shall not transmit to the Department of Homeland Security any personally identifiable information or content of network communications of other agencies' users: Provided further , That such software shall be installed, maintained, and operated in accordance with all applicable privacy laws and agency-specific policies regarding network content. (b) Funds made available under this section may not be used to supplant funds provided for any such system within an agency budget. (c) Not later than July 1, 2013, the heads of all Federal agencies shall submit to the Committees on Appropriations of the Senate and House of Representatives expenditure plans for necessary cybersecurity improvements to address known vulnerabilities to information systems described in subsection (a). (d) Not later than October 1, 2013, and quarterly thereafter, the head of each Federal agency shall submit to the Director of the Office of Management and Budget a report on the execution of the expenditure plan for that agency required by subsection (c): Provided , That the Director of the Office of Management and Budget shall summarize such execution reports and annually submit such summaries to Congress in conjunction with the annual progress report on implementation of the E-Government Act of 2002 (Public Law 107–347), as required by section 3606 of title 44, United States Code. (e) This section shall not apply to the legislative and judicial branches of the Federal Government and shall apply to all Federal agencies within the executive branch except for the Department of Defense, the Central Intelligence Agency, and the Office of the Director of National Intelligence. 559. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 560. (a) Notwithstanding sections 58c(e) and 1451 of title 19, United States Code, upon the request of any persons, the Commissioner of U.S. Customs and Border Protection may enter into reimbursable fee agreements for a period of up to 5 years with such persons for the provision of U.S. Customs and Border Protection services and any other costs incurred by U.S. Customs and Border Protection relating to such services. Such requests may include additional U.S. Customs and Border Protection services at existing U.S. Customs and Border Protection-serviced facilities (including but not limited to payment for overtime), the provision of U.S. Customs and Border Protection services at new facilities, and expanded U.S. Customs and Border Protection services at land border facilities. (1) By December 31, 2013, the Commissioner may enter into not more than 5 agreements under this section. (2) The Commissioner shall not enter into such an agreement if it would unduly and permanently impact services funded in this or any other appropriations Acts, or provided from any accounts in the Treasury of the United States derived by the collection of fees. (b) Funds collected pursuant to any agreement entered into under this section shall be deposited in a newly established account as offsetting collections and remain available until expended, without fiscal year limitation, and shall directly reimburse each appropriation for the amount paid out of that appropriation for any expenses incurred by U.S. Customs and Border Protection in providing U.S. Customs and Border Protection services and any other costs incurred by U.S. Customs and Border Protection relating to such services. (c) The amount of the fee to be charged pursuant to an agreement authorized under subsection (a) of this section shall be paid by each person requesting U.S. Customs and Border Protection services and shall include, but shall not be limited to, the salaries and expenses of individuals employed by U.S. Customs and Border Protection to provide such U.S. Customs and Border Protection services and other costs incurred by U.S. Customs and Border Protection relating to those services, such as temporary placement or permanent relocation of those individuals. (d) U.S. Customs and Border Protection shall terminate the provision of services pursuant to an agreement entered into under subsection (a) with a person that, after receiving notice from the Commissioner that a fee imposed under subsection (a) is due, fails to pay the fee in a timely manner. In the event of such termination, all costs incurred by U.S. Customs and Border Protection, which have not been reimbursed, will become immediately due and payable. Interest on unpaid fees will accrue based on current U.S. Treasury borrowing rates. Additionally, any person who, after notice and demand for payment of any fee charged under subsection (a) of this section, fails to pay such fee in a timely manner shall be liable for a penalty or liquidated damage equal to two times the amount of the fee. Any amount collected pursuant to any agreement entered into under this subsection shall be deposited into the account specified under subsection (b) of this section and shall be available as described therein. (e) Each facility at which such U.S. Customs and Border Protection services are performed shall provide, maintain, and equip, without cost to the Government, facilities in accordance with U.S. Customs and Border Protection specifications. (f) The authority found in this section may not be used to enter into agreements to expand or begin to provide U.S. Customs and Border Protection services outside of the United States. (g) The authority found in this section may not be used at existing U.S. Customs and Border Protection-serviced air facilities to enter into agreements for costs other than payment of overtime. (h) The Commissioner shall notify the appropriate Committees of Congress 15 days prior to entering into any agreement under the authority of this section and shall provide a copy of the agreement to the appropriate Committees of Congress. (i) For purposes of this section the terms: (1) U.S. Customs and Border Protection services means any activities of any employee or contractor of U.S. Customs and Border Protection pertaining to customs and immigration inspection-related matters. (2) Person means any natural person or any corporation, partnership, trust, association, or any other public or private entity, or any officer, employee, or agent thereof. (3) Appropriate Committees of Congress means the Committees on Appropriations; Finance; Judiciary; and Homeland Security and Governmental Affairs of the Senate and the Committees on Appropriations; Judiciary; Ways and Means; and Homeland Security of the House of Representatives. 561. None of the funds made available under this Act may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 562. Twenty percent of each of the appropriations provided in this Act for the Office of the Secretary and Executive Management , the Office of the Under Secretary for Management , and the Office of the Chief Financial Officer shall be withheld from obligation until the reports and plans required in this Act to be submitted on or before May 1, 2013, are received by the Committees on Appropriations of the Senate and the House of Representatives. 563. Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on October 1, 2013, and ending on September 30, 2014, section 204(a)(1)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(I) ) is amended by adding at the end the following: (iv) Each petition to compete for consideration for a visa under section 1153(c) of this title shall be accompanied by a fee equal to $30. All amounts collected under this clause shall be deposited into the Treasury as miscellaneous receipts. : Provided , That the Department of State, in consultation with the Department of Homeland Security, shall report to the Committees on Appropriations of the Senate and the House of Representatives not later than 90 days after the date of enactment of this Act on the steps being taken to implement the recommendations of GAO–07–1174. 564. The Administrator of the Federal Emergency Management Agency shall cancel the liquidated balances of all remaining uncancelled or partially cancelled loans disbursed under the Community Disaster Loan Act of 2005 ( Public Law 109–88 ) and the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 ( Public Law 109–234 ), as amended by section 4502 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 ( Public Law 110–28 ) to the extent that revenues of the local government during the period following the major disaster are insufficient to meet the budget of the local government, including additional disaster-related expenses of a municipal character. In calculating a community’s revenues while determining cancellation, the Administrator shall exclude revenues for special districts and any other revenues that are required by law to be disbursed to other units of local government or used for specific purposes more limited than the scope allowed by the General Fund. In calculating a community’s expenses, the Administrator shall include disaster-related capital expenses for which the community has not been reimbursed by Federal or insurance proceeds, debt service expenses, and accrued but unpaid uncompensated absences (vacation and sick pay). In calculating the operating deficit of the local government, the Administrator shall also consider all interfund transfers. When considering the period following the disaster, the Administrator may consider a period of 3, 5, or 7 full fiscal years after the disaster, beginning on the date of the declaration, in determining eligibility for cancellation. The criteria for cancellation do not apply to those loans already cancelled in full. Applicants shall submit supplemental documentation in support of their applications for cancellation on or before April 30, 2014, and the Administrator shall issue determinations and resolve any appeals on or before April 30, 2015. Loans not cancelled in full shall be repaid not later than September 30, 2035. The Administrator may use funds provided under Public Law 109–88 to reimburse those communities that have repaid all or a portion of loans, including interest, provided as Special Community Disaster Loans under Public Law 109–88 or Public Law 109–234 , as amended by section 4502 of Public Law 110–28 . Further, the Administrator may use funds provided under Public Law 109–88 for necessary expenses to carry out this provision. 565. The Inspector General shall review the applications for public assistance provided through the Disaster Relief Fund with a project cost that exceeds $10,000,000 and the resulting decisions issued by the Federal Emergency Management Agency for category A debris removal for DR–1786 upon receipt of a request from an applicant made no earlier than 90 days after filing an appeal with the Federal Emergency Management Agency without regard to whether the Administrator of the Federal Emergency Management Agency has issued a final agency determination on the application for assistance: Provided , That not later than 180 days after the date of such request, the Inspector General shall determine whether the Federal Emergency Management Agency correctly applied its rules and regulations to determine eligibility of the applicant’s claim: Provided further , That if the Inspector General finds that the Federal Emergency Management Agency determinations related to eligibility and cost involved a misapplication of its rules and regulations, the applicant may submit the dispute to the arbitration process established under the authority granted under section 601 of Public Law 111–5 not later than 15 days after the date of issuance of the Inspector General’s finding in the previous proviso: Provided further , That if the Inspector General finds that the Federal Emergency Management Agency provided unauthorized funding, that the Federal Emergency Management Agency shall take corrective action. 566. None of the funds provided in this or any other Act may be obligated to implement the National Preparedness Grant Program or any other successor grant programs unless explicitly authorized by Congress. 567. None of the funds made available by this Act may be used to provide funding for the position of Public Advocate within U.S. Immigration and Customs Enforcement. 568. None of the funds made available in this Act may be used to reimburse any Federal department or agency for its participation in a National Special Security Event. 569. None of the funds made available in this Act may be used to pay for the travel to or attendance of more than 50 employees of a single component of the Department of Homeland Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security determines that such attendance is in the national interest and notifies the Committees on Appropriations of the Senate and the House of Representatives within at least 10 days of that determination and the basis for that determination: Provided , That for purposes of this section the term international conference shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations. (rescissions) 570. Of the funds appropriated to the Department of Homeland Security, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided , That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: (1) $1,800,000 from Public Law 112–74 under the heading Analysis and Operations ; (2) $73,232,000 from funds made available in Public Law 112–10 and Public Law 112–74 under the heading U.S. Customs and Border Protection, Border Security Fencing, Infrastructure, and Technology ; (3) $3,108,311 from unobligated prior year balances from U.S. Immigration and Customs Enforcement, Construction ; (4) $25,000,000 from Public Law 110–329 under the heading Coast Guard Acquisition, Construction, and Improvements ; (5) $43,000,000 from Public Law 111–83 under the heading Coast Guard Acquisition, Construction, and Improvements ; (6) $63,500,000 from Public Law 112–10 under the heading Coast Guard Acquisition, Construction, and Improvements ; (7) $23,000,000 from Public Law 112–74 under the heading Coast Guard Acquisition, Construction, and Improvements ; and (8) $21,667,000 from Public Law 112–74 under the heading Transportation Security Administration, Surface Transportation Security . (rescission) 571. Of the funds provided in Public Law 110–161, Public Law 110–329 , and Public Law 111–83 , under the heading National Predisaster Mitigation Fund for congressionally directed spending items, $12,000,000 are rescinded from projects for which no applications were submitted or from projects which were completed for an amount less than that appropriated. (rescissions) 572. Of the funds transferred to the Department of Homeland Security when it was created in 2003, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: (1) $199,657 from Operations ; (2) $445,328 from U.S. Customs and Border Protection Salaries and Expenses ; (3) $63,045 from U.S. Customs and Border Protection Violent Crime Reduction Programs ; (4) $86,597 from U.S. Immigration and Customs Enforcement Violent Crime Reduction Programs ; (5) $1,739 from Coast Guard Acquisition, Construction, and Improvements ; (6) $1,329,239 from Federal Emergency Management Agency Office of Domestic Preparedness ; (7) $3,262,677 from Federal Emergency Management Agency National Predisaster Mitigation Fund ; and (8) $2,291,844 from Transportation Security Administration Administration . (rescissions) 573. The following unobligated balances made available to the Department of Homeland Security pursuant to section 505 of the Department of Homeland Security Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 984) are rescinded: (1) $314,674 from Office of the Secretary and Executive Management ; (2) $185,813 from Office of the Under Secretary for Management ; (3) $114,391 from Office of the Chief Financial Officer ; (4) $59,507 from Office of the Chief Information Officer ; (5) $568,188 from Analysis and Operations ; (6) $45,525 from Office of Inspector General ; (7) $568,480 from U.S. Customs and Border Protection Salaries and Expenses ; (8) $3,581,483 from U.S. Immigration and Customs Enforcement Salaries and Expenses ; (9) $1,075,942 from Transportation Security Administration Federal Air Marshals ; (10) $18,142,454 from Coast Guard Operating Expenses ; (11) $991,520 from Coast Guard Reserve Training ; (12) $1,033,599 from Coast Guard Acquisition, Construction, and Improvements ; (13) $2,371,377 from United States Secret Service Salaries and Expenses ; (14) $82,084 from National Protection and Programs Directorate Management and Administration ; (15) $1,683,470 from National Protection and Programs Directorate Infrastructure Protection and Information Security ; (16) $184,583 from National Protection and Programs Directorate United States Visitor and Immigrant Status Indicator Technology ; (17) $259,874 from Federal Emergency Management Agency Salaries and Expenses ; (18) $206,722 from Federal Emergency Management Agency State and Local Programs ; (19) $450,017 from Office of Health Affairs; (20) $205,799 from United States Citizenship and Immigration Services; (21) $512,660 from Federal Law Enforcement Training Center Salaries and Expenses ; (22) $244,553 from Science and Technology Management and Administration ; and (23) $128,565 from Domestic Nuclear Detection Office Management and Administration . 574. Fourteen days after the Secretary of Homeland Security submits a report required under this division to the Committees on Appropriations of the Senate and the House of Representatives, the Secretary shall submit a copy of that report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. This division may be cited as the Department of Homeland Security Appropriations Act, 2013 . E Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2013 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2013, and for other purposes, namely: I Department of defense Military construction, Army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, including personnel in the Army Corps of Engineers and other personal services necessary for the purposes of this appropriation, and for construction and operation of facilities in support of the functions of the Commander in Chief, $1,684,323,000, to remain available until September 30, 2017: Provided , That of this amount, not to exceed $80,173,000 shall be available for study, planning, design, architect and engineer services, and host nation support, as authorized by law, unless the Secretary of Army determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, Navy and Marine Corps For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $1,549,164,000, to remain available until September 30, 2017: Provided , That of this amount, not to exceed $102,619,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, Air Force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $322,543,000, to remain available until September 30, 2017: Provided , That of this amount, not to exceed $18,635,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Air Force determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, defense-Wide (including transfer of funds) For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $3,582,423,000, to remain available until September 30, 2017: Provided , That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided further , That of the amount appropriated, not to exceed $315,562,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further , That of the amount appropriated, notwithstanding any other provision of law, $26,969,000 shall be available for payments to the North Atlantic Treaty Organization for the planning, design, and construction of a new North Atlantic Treaty Organization headquarters. Military construction, Army National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $613,799,000, to remain available until September 30, 2017: Provided , That of the amount appropriated, not to exceed $26,622,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Army National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, Air National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $42,386,000, to remain available until September 30, 2017: Provided , That of the amount appropriated, not to exceed $4,000,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Air National Guard determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, Army Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $305,846,000, to remain available until September 30, 2017: Provided , That of the amount appropriated, not to exceed $15,951,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Army Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, Navy Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $49,532,000, to remain available until September 30, 2017: Provided , That of the amount appropriated, not to exceed $2,118,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. Military construction, Air Force Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $10,979,000, to remain available until September 30, 2017: Provided , That of the amount appropriated, not to exceed $2,879,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Air Force Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. North atlantic treaty organization security investment program For the United States share of the cost of the North Atlantic Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area as authorized by section 2806 of title 10, United States Code, and Military Construction Authorization Acts, $254,163,000, to remain available until expended. Family housing construction, Army For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $4,641,000, to remain available until September 30, 2017. Family housing operation and maintenance, Army For expenses of family housing for the Army for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $530,051,000. Family housing construction, Navy and Marine Corps For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $102,182,000, to remain available until September 30, 2017. Family housing operation and maintenance, Navy and Marine Corps For expenses of family housing for the Navy and Marine Corps for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $378,230,000. Family housing construction, Air Force For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $83,824,000, to remain available until September 30, 2017. Family housing operation and maintenance, Air Force For expenses of family housing for the Air Force for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $497,829,000. Family housing operation and maintenance, defense-Wide For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for operation and maintenance, leasing, and minor construction, as authorized by law, $52,238,000. Department of defense family housing improvement fund For the Department of Defense Family Housing Improvement Fund, $1,786,000, to remain available until expended, for family housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military family housing and supporting facilities. Chemical demilitarization construction, defense-Wide For expenses of construction, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, as currently authorized by law, $151,000,000, to remain available until September 30, 2017, which shall be only for the Assembled Chemical Weapons Alternatives program. Department of defense base closure account 1990 For deposit into the Department of Defense Base Closure Account 1990, established by section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), $409,396,000, to remain available until expended. Department of defense base closure account 2005 For deposit into the Department of Defense Base Closure Account 2005, established by section 2906A(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), $126,697,000, to remain available until expended: Provided , That the Department of Defense shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to obligating an amount for a construction project that exceeds or reduces the amount identified for that project in the most recently submitted budget request for this account by 20 percent or $2,000,000, whichever is less: Provided further , That the previous proviso shall not apply to projects costing less than $5,000,000, except for those projects not previously identified in any budget submission for this account and exceeding the minor construction threshold under section 2805 of title 10, United States Code. Administrative provisions 101. None of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. 102. Funds made available in this title for construction shall be available for hire of passenger motor vehicles. 103. Funds made available in this title for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. 104. None of the funds made available in this title may be used to begin construction of new bases in the United States for which specific appropriations have not been made. 105. None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest. 106. None of the funds made available in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Acts making appropriations for military construction. 107. None of the funds made available in this title for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress. 108. None of the funds made available in this title may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. 109. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. 110. None of the funds made available in this title may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. 111. None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Sea, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms. 112. None of the funds made available in this title for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Sea, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided , That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent: Provided further , That this section shall not apply to contract awards for military construction on Kwajalein Atoll for which the lowest responsive and responsible bid is submitted by a Marshallese contractor. 113. The Secretary of Defense shall inform the appropriate committees of both Houses of Congress, including the Committees on Appropriations, of plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000. 114. Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress. 115. Not more than 20 percent of the funds made available in this title which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year. 116. For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any. 117. Notwithstanding any other provision of law, any funds made available to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available, if the funds obligated for such project: (1) are obligated from funds available for military construction projects; and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. (including transfer of funds) 118. In addition to any other transfer authority available to the Department of Defense, proceeds deposited to the Department of Defense Base Closure Account established by section 207(a)(1) of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 note), to be merged with, and to be available for the same purposes and the same time period as that account. (including transfer of funds) 119. Subject to 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, such additional amounts as may be determined by the Secretary of Defense may be transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in Family Housing accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund; or (2) the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in Military Construction accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund: Provided , That appropriations made available to the Funds shall be available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions of subchapter IV of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities. (including transfer of funds) 120. In addition to any other transfer authority available to the Department of Defense, amounts may be transferred from the accounts established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 note), to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 ) to pay for expenses associated with the Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A) . Any amounts transferred shall be merged with and be available for the same purposes and for the same time period as the fund to which transferred. 121. Notwithstanding any other provision of law, funds made available in this title for operation and maintenance of family housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer quarters: Provided , That not more than $35,000 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, except that an after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably anticipated at the time of the budget submission: Provided further , That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation and maintenance expenditures for each individual general or flag officer quarters for the prior fiscal year. 122. Amounts contained in the Ford Island Improvement Account established by subsection (h) of section 2814 of title 10, United States Code, are appropriated and shall be available until expended for the purposes specified in subsection (i)(1) of such section or until transferred pursuant to subsection (i)(3) of such section. 123. None of the funds made available in this title, or in any Act making appropriations for military construction which remain available for obligation, may be obligated or expended to carry out a military construction, land acquisition, or family housing project at or for a military installation approved for closure, or at a military installation for the purposes of supporting a function that has been approved for realignment to another installation, in 2005 under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note), unless such a project at a military installation approved for realignment will support a continuing mission or function at that installation or a new mission or function that is planned for that installation, or unless the Secretary of Defense certifies that the cost to the United States of carrying out such project would be less than the cost to the United States of cancelling such project, or if the project is at an active component base that shall be established as an enclave or in the case of projects having multi-agency use, that another Government agency has indicated it will assume ownership of the completed project. The Secretary of Defense may not transfer funds made available as a result of this limitation from any military construction project, land acquisition, or family housing project to another account or use such funds for another purpose or project without the prior approval of the Committees on Appropriations of both Houses of Congress. This section shall not apply to military construction projects, land acquisition, or family housing projects for which the project is vital to the national security or the protection of health, safety, or environmental quality: Provided , That the Secretary of Defense shall notify the congressional defense committees within seven days of a decision to carry out such a military construction project. (including transfer of funds) 124. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation Foreign Currency Fluctuations, Construction, Defense , to be merged with and to be available for the same time period and for the same purposes as the appropriation to which transferred. 125. None of the funds made available by this Act may be used by the Secretary of Defense to take beneficial occupancy of more than 2,500 parking spaces (other than handicap-reserved spaces) to be provided by the BRAC 133 project: Provided , That this limitation may be waived in part if: (1) the Secretary of Defense certifies to Congress that levels of service at existing intersections in the vicinity of the project have not experienced failing levels of service as defined by the Transportation Research Board Highway Capacity Manual over a consecutive 90-day period; (2) the Department of Defense and the Virginia Department of Transportation agree on the number of additional parking spaces that may be made available to employees of the facility subject to continued 90-day traffic monitoring; and (3) the Secretary of Defense notifies the congressional defense committees in writing at least 14 days prior to exercising this waiver of the number of additional parking spaces to be made available. 126. None of the funds made available by this Act may be used for any action that relates to or promotes the expansion of the boundaries or size of the Pinon Canyon Maneuver Site, Colorado. 127. Amounts appropriated or otherwise made available in an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R, Volume 3, Chapter 7, of February 2009, as in effect on the date of enactment of this Act. 128. (a) Except as provided in subsection (b), none of the funds made available in this Act may be used by the Secretary of the Army to relocate a unit in the Army that— (1) performs a testing mission or function that is not performed by any other unit in the Army and is specifically stipulated in title 10, United States Code; and (2) is located at a military installation at which the total number of civilian employees of the Department of the Army and Army contractor personnel employed exceeds 10 percent of the total number of members of the regular and reserve components of the Army assigned to the installation. (b) Exception Subsection (a) shall not apply if the Secretary of the Army certifies to the congressional defense committees that in proposing the relocation of the unit of the Army, the Secretary complied with Army Regulation 5–10 relating to the policy, procedures, and responsibilities for Army stationing actions. 129. Notwithstanding any other provision of law, none of the funds made available to the Department of Defense for military construction in this or any other Act, may be obligated or expended for planning and design and construction of projects at Arlington National Cemetery. (including rescission of funds) 130. Of the unobligated balances available for Military Construction, Defense-Wide , from prior appropriations Acts, $20,000,000 are hereby cancelled: Provided , That no amounts may be cancelled from amounts that were designated by Congress as an emergency requirement or for Overseas Contingency Operations/Global War on Terrorism pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. (including rescission of funds) 131. Of the unobligated balances available for Department of Defense Base Closure Account 2005 , from prior appropriations Acts, $132,513,000 are hereby cancelled: Provided , That no amounts may be cancelled from amounts that were designated by Congress as an emergency requirement or for Overseas Contingency Operations/Global War on Terrorism pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. (including transfer of funds) 132. Of the proceeds credited to the Department of Defense Family Housing Improvement Fund pursuant to subsection (c)(1)(C) of section 2883 of title 10, United States Code, from a Department of Navy land conveyance, the Secretary of Defense shall transfer $10,500,000 to the Secretary of the Navy under paragraph (3) of subsection (d) of such section for use by the Secretary of the Navy as provided in paragraph (1) of such subsection until expended. II Department of Veterans Affairs Veterans Benefits Administration Compensation and pensions (including transfer of funds) For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United States Code; pension benefits to or on behalf of veterans as authorized by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers’ retirement pay, adjusted-service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, $60,599,855,000, to remain available until expended: Provided , That not to exceed $9,204,000 of the amount appropriated under this heading shall be reimbursed to General operating expenses, Veterans Benefits Administration , Medical support and compliance , and Information technology systems for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United States Code, the funding source for which is specifically provided as the Compensation and pensions appropriation: Provided further , That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to Medical care collections fund to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized. Readjustment benefits For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, and for the payment of benefits under the Veterans Retraining Assistance Program, $12,023,458,000, to remain available until expended: Provided , That expenses for rehabilitation program services and assistance which the Secretary is authorized to provide under subsection (a) of section 3104 of title 38, United States Code, other than under paragraphs (1), (2), (5), and (11) of that subsection, shall be charged to this account. Veterans insurance and indemnities For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, and veterans mortgage life insurance as authorized by chapters 19 and 21, title 38, United States Code, $104,600,000, to remain available until expended. Veterans housing benefit program fund For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States Code: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That during fiscal year 2013, within the resources available, not to exceed $500,000 in gross obligations for direct loans are authorized for specially adapted housing loans. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $157,814,000. Vocational rehabilitation loans program account For the cost of direct loans, $19,000, as authorized by chapter 31 of title 38, United States Code: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That funds made available under this heading are available to subsidize gross obligations for the principal amount of direct loans not to exceed $2,729,000. In addition, for administrative expenses necessary to carry out the direct loan program, $346,000, which may be paid to the appropriation for General operating expenses, Veterans Benefits Administration . Native American veteran housing loan program account For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United States Code, $1,089,000. Veterans Health Administration Medical services For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the Department, and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare employees hired under title 38, United States Code, aid to State homes as authorized by section 1741 of title 38, United States Code, assistance and support services for caregivers as authorized by section 1720G of title 38, United States Code, loan repayments authorized by section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital care and medical services authorized by section 1787 of title 38, United States Code; $155,000,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2012; and in addition, $43,557,000,000, plus reimbursements, shall become available on October 1, 2013, and shall remain available until September 30, 2014: Provided , That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have special needs: Provided further , That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority groups 1 through 6: Provided further , That notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration facilities to enrolled veterans with privately written prescriptions based on requirements established by the Secretary: Provided further , That the implementation of the program described in the previous proviso shall incur no additional cost to the Department of Veterans Affairs. Medical support and compliance For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts owed the Department as authorized under chapter 17 of title 38, United States Code, and the Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.); $6,033,000,000, plus reimbursements, shall become available on October 1, 2013, and shall remain available until September 30, 2014. Medical facilities For necessary expenses for the maintenance and operation of hospitals, nursing homes, domiciliary facilities, and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and renovation of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry services, $4,872,000,000, plus reimbursements, shall become available on October 1, 2013, and shall remain available until September 30, 2014. Medical and prosthetic research For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by chapter 73 of title 38, United States Code, $582,674,000, plus reimbursements, shall remain available until September 30, 2014. National Cemetery Administration For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in cemeterial operations; hire of passenger motor vehicles; and repair, alteration or improvement of facilities under the jurisdiction of the National Cemetery Administration, $258,284,000, of which not to exceed $25,828,000 shall remain available until September 30, 2014: Provided , That none of the funds under this heading may be used to expand the Urban Initiative project beyond those sites outlined in the fiscal year 2012 or previous budget submissions or any other rural strategy, other than the Rural Initiative included in the fiscal year 2013 budget submission, until the Secretary of Veterans Affairs submits to the Committees on Appropriations of both Houses of Congress a strategy to serve the burial needs of veterans residing in rural and highly rural areas and that strategy has been approved by the Committees: Provided further , That the strategy shall include: (1) A review of previous policies of the National Cemetery Administration regarding establishment of new national cemeteries, including whether the guidelines of the Administration for establishing national cemetery annexes remain valid; (2) Data identifying the number of and geographic areas where rural veterans are not currently served by national or existing State cemeteries and identification of areas with the largest unserved populations, broken down by veterans residing in urban versus rural and highly rural; (3) Identification of the number of veterans who reside within the 75-mile radius of a cemetery that is limited to cremations or of a State cemetery which has residency restrictions, as well as an examination of how many communities that fall under a 75-mile radius have an actual driving distance greater than 75 miles; (4) Reassessment of the gaps in service, factoring in the above conditions that limit rural and highly rural veteran burial options; (5) An assessment of the adequacy of the policy of the Administration on establishing new cemeteries proposed in the fiscal year 2013 budget request; (6) Recommendations for an appropriate policy on new national cemeteries to serve rural or highly rural areas; (7) Development of a national map showing the locations and number of all unserved veterans; and (8) A time line for the implementation of such strategy and cost estimates for using the strategy to establish new burial sites in at least five rural or highly rural locations: Provided further , That the Comptroller General of the United States shall review the strategy to ensure that it includes the elements listed above: Provided further , That this strategy shall be submitted no later than 180 days after the date of enactment of this Act: Provided further , That the Secretary of Veterans Affairs shall issue guidelines on committal services held at cemeteries under the jurisdiction of the National Cemetery Administration to ensure that: (1) veterans’ families may arrange to hold committal services with any religious or secular content they desire; (2) the choice by a family of an honor guard and the content and presentation of military honors may not be interfered with; and (3) attendance at committal services by outside organizations dedicated to the support of veterans will not be constrained except at the request of family members: Provided further , That the Department shall not edit, control, or exercise prior restraints on the content of religious speech and expression by speakers at events at veterans national cemeteries except as provided in section 2413 of title 38, United States Code: Provided further , That actions permitted by the foregoing provisos shall be subject to compliance with Department security, safety, and law enforcement regulations. Departmental administration General administration (Including transfer of funds) For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative expenses in support of Department-Wide capital planning, management and policy activities, uniforms, or allowances therefor; not to exceed $25,000 for official reception and representation expenses; hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, $424,737,000, of which not to exceed $20,837,000 shall remain available until September 30, 2014: Provided , That the Board of Veterans Appeals shall be funded at not less than $86,006,000: Provided further , That of the funds made available under this heading, such sums as may be necessary shall be available to the Secretary of Veterans Affairs to comply with the Department’s energy management requirements under section 543(f)(7) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(f)(7) ): Provided further , That funds provided under this heading may be transferred to General operating expenses, Veterans Benefits Administration . General operating expenses, veterans benefits administration For necessary operating expenses of the Veterans Benefits Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services Administration for security guard services, and reimbursement of the Department of Defense for the cost of overseas employee mail, $2,164,074,000: Provided , That expenses for services and assistance authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, United States Code, that the Secretary of Veterans Affairs determines are necessary to enable entitled veterans: (1) to the maximum extent feasible, to become employable and to obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: Provided further , That of the funds made available under this heading, not to exceed $113,000,000 shall remain available until September 30, 2014. Information technology systems (Including transfer of funds) For necessary expenses for information technology systems and telecommunications support, including developmental information systems and operational information systems; for pay and associated costs; and for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, $3,327,444,000, plus reimbursements: Provided , That $1,021,000,000 shall be for pay and associated costs, of which not to exceed $30,630,000 shall remain available until September 30, 2014: Provided further , That $1,812,045,000 shall be for operations and maintenance, of which not to exceed $126,000,000 shall remain available until September 30, 2014: Provided further , That $494,399,000 shall be for information technology systems development, modernization, and enhancement, and shall remain available until September 30, 2014: Provided further , That amounts made available for information technology systems development, modernization, and enhancement may not be obligated or expended until the Secretary of Veterans Affairs or the Chief Information Officer of the Department of Veterans Affairs submits to the Committees on Appropriations of both Houses of Congress a certification of the amounts, in parts or in full, to be obligated and expended for each development project: Provided further , That amounts made available for salaries and expenses, operations and maintenance, and information technology systems development, modernization, and enhancement may be transferred among the three sub-accounts after the Secretary of Veterans Affairs requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further , That amounts made available for the Information technology systems account for development, modernization, and enhancement may be transferred between projects or to newly defined projects: Provided further , That no project may be increased or decreased by more than $1,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the transfer and an approval is issued, or absent a response, a period of 30 days has elapsed: Provided further , That of the funds provided for information technology systems development, modernization, and enhancement for the development of a joint Department of Defense—Department of Veterans Affairs (DOD–VA) integrated electronic health record (iEHR), not more than 25 percent may be obligated until the DOD–VA Interagency Program Office submits to the Committees on Appropriations of both Houses of Congress, and such Committees approve, a plan for expenditure that: (1) defines the budget and cost baseline for development of the integrated Electronic Health Record; (2) identifies the deployment timeline for the system for both Agencies; (3) breaks out annual and total spending for each Department; (4) relays detailed cost-sharing business rules; (5) establishes data standardization schedules between the Departments; (6) has been submitted to the Government Accountability Office for review; and (7) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government: Provided further , That the funds made available under this heading for information technology systems development, modernization, and enhancement, shall be for the projects, and in the amounts, specified under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). Office of Inspector General For necessary expenses of the Office of Inspector General, to include information technology, in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $115,000,000, of which $6,000,000 shall remain available until September 30, 2014. Construction, major projects For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406, and chapter 81 of title 38, United States Code, not otherwise provided for, including planning, architectural and engineering services, construction management services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, where the estimated cost of a project is more than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, or where funds for a project were made available in a previous major project appropriation, $532,470,000, of which $502,470,000 shall remain available until September 30, 2017, and of which $30,000,000 shall remain available until expended: Provided , That $5,000,000 shall be to make reimbursements as provided in section 7108 of title 41, United States Code, for claims paid for contract disputes: Provided further , That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and other capital asset management related activities, including portfolio development and management activities, and investment strategy studies funded through the advance planning fund and the planning and design activities funded through the design fund, including needs assessments which may or may not lead to capital investments, and salaries and associated costs of the resident engineers who oversee those capital investments funded through this account, and funds provided for the purchase of land for the National Cemetery Administration through the land acquisition line item, none of the funds made available under this heading shall be used for any project which has not been approved by the Congress in the budgetary process: Provided further , That funds made available under this heading for fiscal year 2013, for each approved project shall be obligated: (1) by the awarding of a construction documents contract by September 30, 2013; and (2) by the awarding of a construction contract by September 30, 2014: Provided further , That the Secretary of Veterans Affairs shall promptly submit to the Committees on Appropriations of both Houses of Congress a written report on any approved major construction project for which obligations are not incurred within the time limitations established above. Construction, minor projects For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, or for any of the purposes set forth in sections 316, 2404, 2406, and chapter 81 of title 38, United States Code, not otherwise provided for, where the estimated cost of a project is equal to or less than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, $607,530,000, to remain available until September 30, 2017, along with unobligated balances of previous Construction, minor projects appropriations which are hereby made available for any project where the estimated cost is equal to or less than the amount set forth in such section: Provided , That funds made available under this heading shall be for: (1) repairs to any of the nonmedical facilities under the jurisdiction or for the use of the Department which are necessary because of loss or damage caused by any natural disaster or catastrophe; and (2) temporary measures necessary to prevent or to minimize further loss by such causes. Grants for construction of state extended care facilities For grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing care to veterans as authorized by sections 8131 through 8137 of title 38, United States Code, $85,000,000, to remain available until expended. Grants for construction of veterans cemeteries For grants to assist States and tribal governments in establishing, expanding, or improving veterans cemeteries as authorized by section 2408 of title 38, United States Code, $46,000,000, to remain available until expended. Administrative provisions (Including transfer of funds) 201. Any appropriation for fiscal year 2013 for Compensation and pensions , Readjustment benefits , and Veterans insurance and indemnities may be transferred as necessary to any other of the mentioned appropriations: Provided , That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and such Committees issue an approval, or absent a response, a period of 30 days has elapsed. (Including transfer of funds) 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2013, in this Act or any other Act, under the Medical services , Medical support and compliance , and Medical facilities accounts may be transferred among the accounts: Provided , That any transfers between the Medical services and Medical support and compliance accounts of 1 percent or less of the total amount appropriated to the account in this or any other Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress of the amount and purpose of the transfer: Provided further , That any transfers between the Medical services and Medical support and compliance accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further , That any transfers to or from the Medical facilities account may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. 203. Appropriations available in this title for salaries and expenses shall be available for services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; lease of a facility or land or both; and uniforms or allowances therefore, as authorized by sections 5901 through 5902 of title 5, United States Code. 204. No appropriations in this title (except the appropriations for Construction, major projects , and Construction, minor projects ) shall be available for the purchase of any site for or toward the construction of any new hospital or home. 205. No appropriations in this title shall be available for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 7904 of title 5, United States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made to the Medical services account at such rates as may be fixed by the Secretary of Veterans Affairs. 206. Appropriations available in this title for Compensation and pensions , Readjustment benefits , and Veterans insurance and indemnities shall be available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 2012. 207. Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, United States Code, except that if such obligations are from trust fund accounts they shall be payable only from Compensation and pensions . (Including transfer of funds) 208. Notwithstanding any other provision of law, during fiscal year 2013, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund under section 1920 of title 38, United States Code, the Veterans’ Special Life Insurance Fund under section 1923 of title 38, United States Code, and the United States Government Life Insurance Fund under section 1955 of title 38, United States Code, reimburse the General operating expenses, Veterans Benefits Administration and Information technology systems accounts for the cost of administration of the insurance programs financed through those accounts: Provided , That reimbursement shall be made only from the surplus earnings accumulated in such an insurance program during fiscal year 2013 that are available for dividends in that program after claims have been paid and actuarially determined reserves have been set aside: Provided further , That if the cost of administration of such an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the extent of such surplus earnings: Provided further , That the Secretary shall determine the cost of administration for fiscal year 2013 which is properly allocable to the provision of each such insurance program and to the provision of any total disability income insurance included in that insurance program. 209. Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services, may be obligated during the fiscal year in which the proceeds are received. (Including transfer of funds) 210. Funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management of the Department of Veterans Affairs and the Office of Employment Discrimination Complaint Adjudication under section 319 of title 38, United States Code, for all services provided at rates which will recover actual costs but not to exceed $42,904,000 for the Office of Resolution Management and $3,360,000 for the Office of Employment and Discrimination Complaint Adjudication: Provided , That payments may be made in advance for services to be furnished based on estimated costs: Provided further , That amounts received shall be credited to the General administration and Information technology systems accounts for use by the office that provided the service. 211. No appropriations in this title shall be available to enter into any new lease of real property if the estimated annual rental cost is more than $1,000,000, unless the Secretary submits a report which the Committees on Appropriations of both Houses of Congress approve within 30 days following the date on which the report is received. 212. No funds of the Department of Veterans Affairs shall be available for hospital care, nursing home care, or medical services provided to any person under chapter 17 of title 38, United States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to the Secretary of Veterans Affairs, in such form as the Secretary may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided , That the Secretary may recover, in the same manner as any other debt due the United States, the reasonable charges for such care or services from any person who does not make such disclosure as required: Provided further , That any amounts so recovered for care or services provided in a prior fiscal year may be obligated by the Secretary during the fiscal year in which amounts are received. (Including transfer of funds) 213. Notwithstanding any other provision of law, proceeds or revenues derived from enhanced-use leasing activities (including disposal) may be deposited into the Construction, major projects and Construction, minor projects accounts and be used for construction (including site acquisition and disposition), alterations, and improvements of any medical facility under the jurisdiction or for the use of the Department of Veterans Affairs. Such sums as realized are in addition to the amount provided for in Construction, major projects and Construction, minor projects . 214. Amounts made available under Medical services are available— (1) for furnishing recreational facilities, supplies, and equipment; and (2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department. (Including transfer of funds) 215. Such sums as may be deposited to the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, may be transferred to Medical services , to remain available until expended for the purposes of that account. 216. The Secretary of Veterans Affairs may enter into agreements with Indian tribes and tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service, and Indian tribes and tribal organizations serving rural Alaska which have entered into contracts with the Indian Health Service under the Indian Self Determination and Educational Assistance Act, to provide healthcare, including behavioral health and dental care. The Secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary. The term rural Alaska shall mean those lands sited within the external boundaries of the Alaska Native regions specified in sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native Claims Settlement Act, as amended ( 43 U.S.C. 1606 ), and those lands within the Alaska Native regions specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement Act, as amended ( 43 U.S.C. 1606 ), which are not within the boundaries of the municipality of Anchorage, the Fairbanks North Star Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough. (Including transfer of funds) 217. Such sums as may be deposited to the Department of Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 38, United States Code, may be transferred to the Construction, major projects and Construction, minor projects accounts, to remain available until expended for the purposes of these accounts. 218. None of the funds made available in this title may be used to implement any policy prohibiting the Directors of the Veterans Integrated Services Networks from conducting outreach or marketing to enroll new veterans within their respective Networks. 219. The Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report on the financial status of the Veterans Health Administration. (Including transfer of funds) 220. Amounts made available under the Medical services , Medical support and compliance , Medical facilities , General operating expenses, Veterans Benefits Administration , General administration , and National Cemetery Administration accounts for fiscal year 2013, may be transferred to or from the Information technology systems account: Provided , That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. 221. None of the funds appropriated or otherwise made available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with: (1) section 842 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115; 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States Code. 222. Of the amounts made available to the Department of Veterans Affairs for fiscal year 2013, in this Act or any other Act, under the Medical facilities account for nonrecurring maintenance, not more than 20 percent of the funds made available shall be obligated during the last 2 months of that fiscal year: Provided , That the Secretary may waive this requirement after providing written notice to the Committees on Appropriations of both Houses of Congress. (Including transfer of funds) 223. Of the amounts appropriated to the Department of Veterans Affairs for fiscal year 2013 for Medical services , Medical support and compliance , Medical facilities , Construction, minor projects , and Information technology systems , up to $247,356,000, plus reimbursements, may be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 3571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500): Provided , That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress. (Including transfer of funds) 224. Such sums as may be deposited to the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, for healthcare provided at facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500) shall also be available: (1) for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 3571); and (2) for operations of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500). (Including transfer of funds) 225. Of the amounts available in this title for Medical services , Medical support and compliance , and Medical facilities , a minimum of $15,000,000, shall be transferred to the DOD–VA Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38, United States Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code. (Including rescissions of funds) 226. (a) Of the funds appropriated in title II of division H of Public Law 112–74 , the following amounts which became available on October 1, 2012, are hereby rescinded from the following accounts in the amounts specified: (1) Department of Veterans Affairs, Medical services , $1,500,000,000. (2) Department of Veterans Affairs, Medical support and compliance , $200,000,000. (3) Department of Veterans Affairs, Medical facilities , $250,000,000. (b) In addition to amounts provided elsewhere in this Act, an additional amount is appropriated to the following accounts in the amounts specified to remain available until September 30, 2014: (1) Department of Veterans Affairs, Medical services , $1,500,000,000. (2) Department of Veterans Affairs, Medical support and compliance , $200,000,000. (3) Department of Veterans Affairs, Medical facilities , $250,000,000. 227. The Secretary of the Department of Veterans Affairs shall notify the Committees on Appropriations of both Houses of Congress of all bid savings in major construction projects that total at least $5,000,000, or 5 percent of the programmed amount of the project, whichever is less: Provided , That such notification shall occur within 14 days of a contract identifying the programmed amount: Provided further , That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation of such bid savings and shall describe the anticipated use of such savings. 228. The scope of work for a project included in Construction, major projects may not be increased above the scope specified for that project in the original justification data provided to the Congress as part of the request for appropriations. 229. The Secretary of the Department of Veterans Affairs shall provide on a quarterly basis to the Committees on Appropriations of both Houses of Congress notification of any single national outreach and awareness marketing campaign in which obligations exceed $2,000,000. 230. The Secretary shall submit to the Committees on Appropriations of both Houses of Congress a reprogramming request if at any point during fiscal year 2013, the funding allocated for a medical care initiative identified in the fiscal year 2013 expenditure plan is adjusted by more than $25,000,000 from the allocation shown in the corresponding congressional budget justification. Such a reprogramming request may go forward only if the Committees on Appropriations of both Houses of Congress approve the request or if a period of 14 days has elapsed. 231. None of the funds made available in this Act may be used to enter into a contract using procedures that do not give to small business concerns owned and controlled by veterans (as that term is defined in section 3(q)(3) of the Small Business Act ( 15 U.S.C. 632(q)(3) ) that are included in the database under section 8127(f) of title 38, United States Code, any preference available with respect to such contract, except for a preference given to small business concerns owned and controlled by service-disabled veterans (as defined in section 3(q)(2) of the Small Business Act ( 15 U.S.C. 632(q)(2) ). 232. Funds made available under the heading Medical services in title II of division H of Public Law 112–74 may be used to carry out section 1787 of title 38, United States Code. III Related agencies American Battle Monuments Commission Salaries and expenses For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one-for-one replacement basis only) and hire of passenger motor vehicles; not to exceed $7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $62,929,000, to remain available until expended. Foreign currency fluctuations account For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, such sums as may be necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code. United States Court of Appeals for Veterans Claims Salaries and expenses For necessary expenses for the operation of the United States Court of Appeals for Veterans Claims as authorized by sections 7251 through 7298 of title 38, United States Code, $32,481,000: Provided , That $2,726,000 shall be available for the purpose of providing financial assistance as described, and in accordance with the process and reporting procedures set forth, under this heading in Public Law 102–229 . Department of Defense—Civil Cemeterial expenses, Army Salaries and expenses For necessary expenses for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers’ and Airmen’s Home National Cemetery, including the purchase or lease of passenger motor vehicles for replacement on a one-for-one basis only, and not to exceed $1,000 for official reception and representation expenses, $65,800,000, of which not to exceed $27,000,000 shall remain available until September 30, 2015. In addition, such sums as may be necessary for parking maintenance, repairs and replacement, to be derived from the Lease of Department of Defense Real Property for Defense Agencies account. Construction For necessary expenses for planning and design and construction at Arlington National Cemetery and Soldiers’ and Airmen’s Home National Cemetery, $103,000,000, to remain available until September 30, 2017, of which, $84,000,000 shall be for planning and design and construction associated with the Millennium Project at Arlington National Cemetery; and $19,000,000 shall be for study, planning, design, and architect and engineer services for future expansion of burial space at Arlington National Cemetery. Armed Forces Retirement Home Trust fund For expenses necessary for the Armed Forces Retirement Home to operate and maintain the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $67,590,000, of which $2,000,000 shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi. Administrative provision 301. Funds appropriated in this Act under the heading, Department of Defense—Civil, Cemeterial Expenses, Army , may be provided to Arlington County, Virginia, for the relocation of the federally owned water main at Arlington National Cemetery, making additional land available for ground burials. IV Overseas contingency operations Department of Defense Military construction, Navy and Marine Corps For an additional amount for Military Construction, Navy and Marine Corps , $150,768,000, to remain available until September 30, 2013: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Administrative provision (Including rescission of funds) 401. Of the unobligated balances in section 2005 in title X, of Public Law 112–10 and division H in title IV of Public Law 112–74, $150,768,000 are hereby rescinded: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. V General provisions 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 502. None of the funds made available in this Act may be used for any program, project, or activity, when it is made known to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. 503. No part of any funds appropriated in this Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before Congress, except in presentation to Congress itself. 504. All departments and agencies funded under this Act are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of E-Commerce technologies and procedures in the conduct of their business practices and public service activities. 505. Unless stated otherwise, all reports and notifications required by this Act shall be submitted to the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. 506. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriations Act. 507. None of the funds made available in this Act may be used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the United States House of Representatives. 508. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains confidential or proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 509. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 510. None of the funds made available in this Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries or successors. 511. (a) In general None of the funds appropriated or otherwise made available to the Department of Defense in this Act may be used to construct, renovate, or expand any facility in the United States, its territories, or possessions to house any individual detained at United States Naval Station, Guantanamo Bay, Cuba, for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. 512. None of the funds appropriated or otherwise made available in this Act may be used by an agency of the executive branch to pay for first-class travel by an employee of the agency in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 513. None of the funds provided in this Act may be used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive Order No. 12989. 514. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 515. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 516. Such sums as may be necessary for fiscal year 2013 for pay raises for programs funded by this Act shall be absorbed within the levels appropriated in this Act. 517. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency that are stationed within the United States at any single conference occurring outside a state of the United States, except for employees of the Department of Veterans Affairs stationed in the Philippines, unless the relevant Secretary reports to the Committees on Appropriations of both Houses of Congress at least 5 days in advance that such attendance is important to the national interest. This division may be cited as the Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2013 . F Further Continuing Appropriations Act, 2013 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2013, and for other purposes, namely: I general provisions 1101. (a) Such amounts as may be necessary, at the level specified in subsection (c) and under the authority and conditions provided in applicable appropriations Acts for fiscal year 2012, for projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: (1) The Energy and Water Development and Related Agencies Appropriations Act, 2012 (division B of Public Law 112–74). (2) The Financial Services and General Government Appropriations Act, 2012 (division C of Public Law 112–74). (3) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112–74 ). (4) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2012 (division F of Public Law 112–74 ). (5) The Legislative Branch Appropriations Act, 2012 (division G of Public Law 112–74 ). (6) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 ). (7) The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2012 (division C of Public Law 112–55 ), except for the appropriations designated by the Congress as being for disaster relief under the heading Department of Transportation, Federal Highway Administration, Emergency Relief and in the last proviso of section 239 of such Act. (8) The Disaster Relief Appropriations Act, 2012 ( Public Law 112–77 ), except for appropriations under the heading Corps of Engineers—Civil . (b) For purposes of this division, the term level means an amount. (c) The level referred to in subsection (a) shall be the amounts appropriated in the appropriations Acts referred to in such subsection, including transfers and obligation limitations, except that such level shall be calculated without regard to any rescission or cancellation of funds or contract authority, other than— (1) the 0.16 percent across-the-board rescission in section 436 of division E of Public Law 112–74 (relating to the Department of the Interior, Environment, and Related Agencies); and (2) the 0.189 percent across-the-board rescission in section 527 of division F of Public Law 112–74 , (relating to the Departments of Labor, Health and Human Services, and Education, and Related Agencies). 1102. Appropriations made by section 1101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act. 1103. Appropriations provided by this division that, in the applicable appropriations Act for fiscal year 2012, carried a multiple-year or no-year period of availability shall retain a comparable period of availability. 1104. No appropriation or funds made available or authority granted pursuant to section 1101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2012. 1105. Except as otherwise expressly provided in this division, the requirements, authorities, conditions, limitations, and other provisions of the appropriations Acts referred to in section 1101 shall continue in effect through the date specified in section 1106. 1106. Unless otherwise provided for in this division or in the applicable appropriations Act, appropriations and funds made available and authority granted pursuant to this division shall be available through September 30, 2013. 1107. Expenditures made pursuant to the Continuing Appropriations Resolution, 2013 ( Public Law 112–175 ) shall be charged to the applicable appropriation, fund, or authorization provided by this division. 1108. Funds appropriated by this division may be obligated and expended notwithstanding section 10 of Public Law 91–672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2680 ), and section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( 22 U.S.C. 6212 ). 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) Department of Health and Human Services, Administration for Children and Families, Payments to States for Child Support Enforcement and Family Support Programs , for payments to States or other non-Federal entities under titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), $1,100,000,000, to remain available until expended. (4) Department of Health and Human Services, Administration for Children and Families, Payments for Foster Care and Permanency , for payments to States or other non-Federal entities under title IV–E of the Social Security Act, $2,200,000,000. (5) Social Security Administration, Supplemental Security Income Program , for benefit payments under title XVI of the Social Security Act, $19,300,000,000, to remain available until expended. 1110. Each amount made available in this division by reference to an appropriation that was previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of such Act or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act, respectively. 1111. With respect to any discretionary account for which advance appropriations were provided for fiscal year 2013 or 2014 in an appropriations Act for fiscal year 2012, in addition to amounts otherwise made available by this division, advance appropriations are provided in the same amount for fiscal year 2014 or 2015, respectively, with a comparable period of availability. 1112. (a) Section 147 of the Continuing Appropriations Act, 2011 ( Public Law 111–242 ), as added by section 1(a)(2) of the Continuing Appropriations and Surface Transportation Extensions Act, 2011 ( Public Law 111–322 ; 5 U.S.C. 5303 note), is amended— (1) in subsection (b)(1), by striking the matter after ending on and before shall be made and inserting December 31, 2013, ; and (2) in subsection (c), by striking the matter after ending on and before no senior executive and inserting December 31, 2013, . (b) Section 114 of the Continuing Appropriations Resolution, 2013 ( Public Law 112–175 ; 5 U.S.C. 5303 note) is repealed. 1113. (a) Not later than 30 days after the date of the enactment of this division, each department and agency in subsection (c) shall submit to the Committees on Appropriations of the House of Representatives and the Senate a spending, expenditure, or operating plan for fiscal year 2013— (1) at the program, project, or activity level (or, for foreign assistance programs funded in titles III, IV and VIII of the Department of State, Foreign Operations, and Related Programs Appropriations Act, at the country, regional, and central program level, and for any international organization); or (2) as applicable, at any greater level of detail required for funds covered by such a plan in an appropriations Act referred to in section 1101, in the joint explanatory statement accompanying such Act, or in committee report language incorporated by reference in such joint explanatory statement. (b) If a sequestration is ordered by the President under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, the spending, expenditure, or operating plan required by this section shall reflect such sequestration. (c) The departments and agencies to which this section applies are as follows: (1) The Department of Agriculture. (2) The Department of Commerce. (3) The Department of Education. (4) The Department of Energy. (5) The Department of Health and Human Services. (6) The Department of Homeland Security. (7) The Department of Housing and Urban Development. (8) The Department of the Interior. (9) The Department of Justice. (10) The Department of Labor. (11) The Department of State and United States Agency for International Development. (12) The Department of Transportation. (13) The Department of the Treasury. (14) The National Aeronautics and Space Administration. (15) The National Science Foundation. (16) The Judiciary. (17) With respect to amounts made available under the heading Executive Office of the President and Funds Appropriated to the President , agencies funded under such heading. (18) The Federal Communications Commission. (19) The General Services Administration. (20) The Office of Personnel Management. (21) The National Archives and Records Administration. (22) The Securities and Exchange Commission. (23) The Small Business Administration. (24) The Environmental Protection Agency. (25) The Indian Health Service. (26) The Smithsonian Institution. (27) The Social Security Administration. (28) The Corporation for National and Community Service. (29) The Corporation for Public Broadcasting. (30) The Food and Drug Administration. (31) The Commodity Futures Trading Commission. 1114. Not later than May 15, 2013, and each month thereafter through November 1, 2013, the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report on all obligations incurred in fiscal year 2013, by each department and agency, using funds made available by this division. Such report shall— (1) set forth obligations by account; and (2) compare the obligations incurred in the period covered by the report to the obligations incurred in the same period in fiscal year 2012. This division may be cited as the Full-Year Continuing Appropriations Act, 2013 . II Energy and Water Development 1201. The amounts available for Corps of Engineers—Civil, Department of the Army, Corps of Engineers—Civil, Construction are hereby reduced by $20,000,000. 1202. Notwithstanding section 1101, the level for Department of the Interior, Central Utah Project, Central Utah Project Completion Account shall be $19,700,000, of which, $1,200,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission. In addition $1,300,000 is provided for necessary expenses incurred in carrying out the responsibilities of the Secretary of the Interior. 1203. Notwithstanding section 1101, the level for each of the following accounts shall be as follows: Department of Energy, Energy Efficiency and Renewable Energy , $1,814,091,000; Department of Energy, Nuclear Energy , $759,000,000; Department of Energy, Science , $4,876,000,000; Department of Energy, Advanced Research Projects Agency—Energy , $265,000,000, to remain available until expended. 1204. Notwithstanding section 1101, of the unobligated balances from prior year appropriations available under Department of Energy, Northeast Home Heating Oil Reserve $6,000,000 are hereby permanently rescinded: Provided , That no amounts may be rescinded from amounts that were designated as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 1205. (a) Notwithstanding section 1101, the level for Department of Energy, Atomic Energy Defense Activities, National Nuclear Security Administration, Weapons Activities shall be $7,577,341,000. (b) Section 301(c) of division B of Public Law 112–274 shall not apply to amounts made available by this section. 1206. In addition to amounts otherwise made available by this division, $110,000,000 is appropriated for Department of Energy, Atomic Energy Defense Activities, National Nuclear Security Administration, Defense Nuclear Nonproliferation for domestic uranium enrichment research, development, and demonstration. 1207. Section 14704 of title 40, United States Code, shall be applied to amounts made available by this division by substituting the date specified in section 1106 of this division for October 1, 2012 . III Financial Services and General Government 1301. (a) Notwithstanding any other provision of this division, except section 1106, the District of Columbia may expend local funds under the heading District of Columbia Funds for such programs and activities under title IV of H.R. 6020 (112th Congress), as reported by the Committee on Appropriations of the House of Representatives, at the rate set forth under District of Columbia Funds—Summary of Expenses as included in the Fiscal Year 2013 Budget Request Act of 2012 (D.C. Act 19–381), as modified as of the date of the enactment of this division. (b) Section 803(b) of the Financial Services and General Government Appropriations Act, 2012 (division C of Public Law 112–74; 125 Stat. 940) is amended by striking November 1, 2012 and inserting November 1, 2013 . 1302. Notwithstanding section 1101, the level for District of Columbia, Federal Funds, Federal Payment for Emergency Planning and Security Costs in the District of Columbia shall be $24,700,000, of which not less than $9,800,000 shall be used for costs associated with the Presidential Inauguration. 1303. Notwithstanding section 1101, the fifth proviso under the heading Federal Communications Commission, Salaries and Expenses in division C of Public Law 112–74 shall be applied by substituting $98,739,000 for $85,000,000 . 1304. Notwithstanding any other provision of this division, amounts made available by section 1101 for Department of the Treasury, Departmental Offices, Salaries and Expenses and Department of the Treasury, Office of Inspector General, Salaries and Expenses may be used for activities in connection with section 1602(e) of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (subtitle F of title I of division A of Public Law 112–141 ). 1305. Notwithstanding section 1101, the level for Office of Government Ethics, Salaries and Expenses shall be $18,664,000, of which $5,000,000 shall be for development and deployment of the centralized, publicly accessible database required in section 11(b) of the STOCK Act ( Public Law 112–105 ). 1306. Notwithstanding section 1101, the level for Small Business Administration, Business Loans Program Account for the cost of guaranteed loans as authorized by section 7(a) of the Small Business Act and section 503 of the Small Business Investment Act of 1958 shall be $333,600,000. 1307. Of the unobligated balances available for Department of the Treasury, Treasury Forfeiture Fund , $950,000,000 are rescinded. 1308. Notwithstanding section 1101, the Community Development Financial Institutions Fund is authorized during Fiscal Year 2013 to guarantee bonds and notes pursuant section 114A of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4701 et seq. ): Provided, That no funds appropriated by this Act for Department of the Treasury—Community Development Financial Institutions Fund Program Account shall be available for the cost, if any, of guaranteed loans (as defined in section 502 of the Congressional Budget Act of 1974) pursuant to section 114A of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et seq.) to subsidize total loan principal not to exceed $500,000,000. 1309. Sections 9503(a), 9504(a) and (b), and 9505(a) of title 5, United States Code, are amended by striking Before July 23, 2013 each place it occurs and inserting Before September 30, 2013 . 1310. Notwithstanding section 1101, the level for Executive Office of The President and Funds Appropriated to the President, Partnership Fund for Program Integrity Innovation shall be $0. 1311. Notwithstanding section 1101, the level for The Judiciary, Courts of Appeals, District Courts, and Other Judicial Services, Defender Services shall be $1,040,000,000. 1312. (a) Section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 ; 28 U.S.C. 133 note), as amended, is amended— (1) in the third sentence (relating to the district of Kansas), by striking 21 years or more and inserting 22 years and 6 months or more ; and (2) in the seventh sentence (relating to the district of Hawaii), by striking 18 years or more and inserting 19 years and 6 months or more . (b) Section 406 of the Transportation, Treasury, Housing and Urban Development, The Judiciary, The District of Columbia, and Independent Agencies Appropriations Act of 2006 ( Public Law 109–115 ; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second sentence (relating to the eastern district of Missouri) by inserting and 6 months after 20 years . (c) Section 312(c)(2) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107–273; 28 U.S.C. 133 note) is amended— (1) by inserting after authorized by this subsection the following: , except in the case of the central district of California and the western district of North Carolina ; (2) by striking 10 years and inserting 11 years ; and (3) by adding at the end the following: The first vacancy in the office of district judge in the central district of California occurring 10 years and 6 months or more after the confirmation date of the judge named to fill the temporary district judgeship created in that district by this subsection, shall not be filled. The first vacancy in the office of district judge in the western district of North Carolina occurring 10 years or more after the confirmation date of the judge named to fill the temporary district judgeship created in that district by this subsection, shall not be filled. . 1313. Notwithstanding section 1101 of this division or division A, the level for the Commodity Futures Trading Commission shall be the level specified under Public Law 112–55 and the authorities and conditions, including comparable periods of availability, provided under such Public Law shall apply to such appropriation. 1314. Notwithstanding section 1101, the level for Federal Deposit Insurance Corporation, Office of the Inspector General shall be $34,568,000. IV Interior, Environment, and Related Agencies 1401. Notwithstanding section 1101, the levels for the following appropriations of the Department of the Interior shall be: (a) $950,757,000 for Bureau of Land Management, Management of Lands and Resources : Provided , That the amounts included under such heading in division E of Public Law 112–74 shall be applied to funds appropriated by this division by substituting $950,757,000 for $961,900,000 the second place it appears; (b) $0 for Bureau of Land Management, Construction ; (c) $1,213,915,000 for United States Fish and Wildlife Service, Resource Management ; (d) $19,136,000 for United States Fish and Wildlife Service, Construction ; (e) $2,214,202,000 for National Park Service, Operation of the National Park Service ; (f) $131,173,000 for National Park Service, Construction ; (g) $105,910,000 for Bureau of Indian Affairs, Construction ; (h) $84,946,000 for Insular Affairs, Assistance to Territories : Provided , That the matter under such heading in division E of Public Law 112–74 shall be applied to funds appropriated by this division as follows: by substituting $75,684,000 for $78,517,000 ; and by substituting $9,262,000 for $9,480,000 ; (i) $146,000,000 for Office of the Special Trustee for American Indians, Federal Trust Programs ; and (j) $726,473,000 for Department-wide Programs, Wildland Fire Management : Provided , That of the amounts made available by section 140(b) of Public Law 112–175 (126 Stat. 1321), $7,500,000 are rescinded. 1402. The contract authority provided for fiscal year 2013 by 16 U.S.C. 460l–10a is rescinded. 1403. Section 10101(a) of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f(a) ), as amended by section 430 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112–74 ; 125 Stat. 1047), is further amended— (1) in paragraph (1) in the first sentence, by striking on the first place it appears and inserting before, on, ; and (2) in paragraph (2)— (A) by striking located the second place it appears; (B) by inserting at the end of the following: Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28 to 28e) and the related filing requirements contained in section 314(a) and (c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744(a) and (c)). ; and (C) by striking (a) in the first sentence and inserting (a)(1) . 1404. (a) Division II of Public Law 104–333 (16 U.S.C. 461 note) is amended in each of sections 107, 208, 310, 408, 507, 607, 707, 809, and 910, by striking 2012 and inserting 2013 . (b) Effective on October 12, 2012, section 7 of Public Law 99–647 , as amended by section 702(d) of Public Law 109–338 and section 1767 of Public Law 112–10 , is further amended by striking the date and all that follows and inserting September 30, 2013 . (c) Section 12 of Public Law 100–692 ( 16 U.S.C. 461 note) is amended— (1) in subsection (c)(1), by striking 2012 and inserting 2013 ; and (2) in subsection (d), by striking the date that is 5 years after the date of enactment of this sub section and inserting September 30, 2013 . (d) Section 108 of Public Law 106–278 ( 16 U.S.C. 461 note) is amended by striking 2012 and inserting 2013 . 1405. Notwithstanding section 1101, the levels for the following appropriations of the Environmental Protection Agency shall be: (a) $785,291,000 for Science and Technology ; (b) $2,651,440,000 for Environmental Programs and Management ; (c) $1,176,431,000 for Hazardous Substance Superfund : Provided , That the matter under such heading in division E of Public Law 112–74 shall be applied to funds appropriated by this division as follows: by substituting $1,176,431,000 for $1,215,753,000 the second place it appears; and by substituting September 30, 2012 for September 30, 2011 ; and (d) $3,579,094,000 for State and Tribal Assistance Grants : Provided , That the amounts included under such hearing in division E of Public Law 112–74 shall be applied to fund appropriated by this division as follows: by substituting $1,451,791,000 for $1,468,806,000 ; by substituting $908,713,000 for $919,363,000 ; and by substituting $19,952,000 for $30,000,000 . 1406. (a) Of the unobligated balances available to the Environmental Protection Agency under the following headings from prior appropriation Acts, the following amounts are rescinded: (1) Hazardous Substance Superfund , $15,000,000. (2) State and Tribal Assistance Grants , $35,000,000, as follows: (A) $10,000,000 from unobligated Brownfields balances. (B) $5,000,000 from unobligated categorical grant balances. (C) $10,000,000 from unobligated Drinking Water State Revolving Funds balances. (D) $10,000,000 from unobligated Clean Water State Revolving Funds balances. (b) No amounts may be rescinded under subsection (a) from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 1407. Notwithstanding subsection (d)(2) of section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8), the Administrator of the Environmental Protection Agency may assess pesticide registration service fees under such section for fiscal year 2013. 1408. Notwithstanding section 1101, the levels for the following appropriations of the Department of Agriculture shall be: (a) $1,536,596,000 for Forest Service, National Forest System ; (b) $369,800,000 for Forest Service, Capital Improvement and Maintenance ; and (c) $1,971,390,000 for Forest Service, Wildland Fire Management . 1409. Notwithstanding section 1101, the levels for the following appropriations of the Department of Health and Human Services shall be: (a) $3,914,599,000 for Indian Health Service, Indian Health Services ; and (b) $441,605,000 for Indian Health Service, Indian Health Facilities . 1410. Notwithstanding section 1101, the level for Smithsonian Institution, Salaries and Expenses shall be $640,512,000. 1411. Notwithstanding section 1101, the level for Advisory Council on Historic Preservation, Salaries and Expenses shall be $7,023,000: Provided , That of the funds appropriated herein, $1,300,000, to remain available until expended, may be used for expenses related to the relocation from the Old Post Office Building. 1412. Notwithstanding section 1101, the level for Presidio Trust, Presidio Trust Fund shall be $0. 1413. Notwithstanding section 1101, the level for Dwight D. Eisenhower Memorial Commission, Salaries and Expenses shall be $1,050,000 and the level for Dwight D. Eisenhower Memorial Commission, Capital Construction shall be $0: Provided , That section 8162(m) of the Department of Defense Appropriations Act, 2000 ( 40 U.S.C. 8903 note; Public Law 106–79), as added by section 8120 (a) of Public Law 107–117 (115 Stat. 2273), is amended by adding at the end the following: (3) Expiration Any reference in section 8903(e) of title 40, U.S.C. to the expiration at the end of, or extension beyond, a 7-year period shall be considered to be a reference to an expiration on, or extension beyond, September 30, 2013. . 1414. Notwithstanding section 1101, section 408 of division E of Public Law 112–74 (125 Stat. 1038) shall be applied to funds appropriated by this division by substituting 112–10, and 112–74 for 112–10 and by substituting 2012 for 2011 . 1415. The authority provided by section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2000 (enacted by reference in section 1000(a)(3) of Public Law 106–113 ; 16 U.S.C. 497 note) shall continue in effect through the date specified in section 1106 of this division. 1416. 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. V labor, health and human services, and education, and related agencies (Including Transfer of Funds) 1501. Of the funds available to the Department of Labor, Employment and Training Administration in this or any other Act making appropriations that remain unobligated as of the date of enactment of this Act, up to $30,000,000 may be transferred to Department of Labor, Employment and Training Administration, Office of Job Corps for Job Corps operations for program years 2012 and 2013 and shall be in addition to any other amounts available to the Office of Job Corps for such purposes: Provided , That not less than $10,000,000 shall be transferred within 30 days of enactment of this Act to support Job Corps operations for the program year ending June 30, 2013: Provided further , That not later than 15 days after any transfer has been made under the authority of this section, the Secretary of Labor shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate that details the source of the transferred funds, the specific programs, projects, or activities for which such funds will be used, provides a detailed explanation of the need for such transfer, and itemizes the cost saving measures implemented by the Office of the Job Corps during Program Years 2012 and 2013 and the savings gained by implementing each initiative. 1502. Notwithstanding section 1101, the level which may be expended from the Employment Security Administration Account of the Unemployment Trust Fund for administrative expenses of Department of Labor, Employment and Training Administration, State Unemployment Insurance and Employment Service Operations shall be $3,940,865,000 (which includes all amounts available to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews), of which $3,115,142,000 shall be for grants to the States for the administration of State unemployment insurance laws under paragraph (1). For the purposes of this section, the first proviso under this heading in Public Law 112–74 shall be applied by substituting 2013 and 4,585,000 for 2012 and 4,832,000 , respectively. 1503. Notwithstanding section 1101, language under the heading Department of Labor, Mine Safety and Health Administration, Salaries and Expenses in Public Law 112–74 shall be applied to funds appropriated by this Act by substituting is authorized to collect and retain up to $2,499,000 for may retain up to $1,499,000 . 1504. Notwithstanding section 1101, the level for Department of Labor, Veterans Employment and Training shall be $264,436,000, of which $226,251,000 shall be derived from the Employment Security Administration Account in the Unemployment Trust Fund: Provided , That the level provided under such heading for Veterans Workforce Investment Program grants shall be used for the Transition Assistance Program and activities authorized by the VOW to Hire Heroes Act of 2011, shall be available through September 30, 2013, and shall be in addition to any other funds available for those purposes: Provided further , That of the level provided under such heading, not less than $14,000,000 shall be for the Transition Assistance Program, and $3,414,000 shall be for the National Veterans’ Employment and Training Services Institute. 1505. All funds provided for the Health Centers program, as defined by section 330 of the Public Health Service Act, by this Act or any other Act providing appropriations for fiscal year 2013 shall be obligated by the Secretary of Health and Human Services by September 30, 2013, of which $48,000,000 shall be awarded for base grant adjustments. 1506. The Director of the Centers for Disease Control and Prevention (hereafter referred to in this division as CDC ) may detail CDC staff without reimbursement for up to 30 days to support an activation of the CDC Emergency Operations Center, so long as the Director provides notification within 15 days of the use of this authority and a full report to the Committees on Appropriations of the House of Representatives and the Senate within 30 days after the use of this authority, which includes the number of staff and funding level broken down by the originating center and number of days detailed: Provided , That the annual reimbursement cannot exceed $3,000,000 across CDC. (Including Transfer of Funds) 1507. To facilitate the implementation of the permanent Working Capital Fund ( WCF ) authorized in Public Law 112–74, on or after October 1, 2013, unobligated balances of amounts appropriated for business services for fiscal year 2013 shall be transferred to the WCF: Provided , That on or after October 1, 2013, the CDC shall transfer other amounts available for business services to other CDC appropriations consistent with the benefit each appropriation received from the business services appropriation in fiscal year 2013: Provided further, That assets purchased with funds appropriated for or reimbursed to business services in this or any other Act may be transferred to the WCF and customers billed for depreciation of those assets: Provided further, That CDC shall, consistent with the authorities provided in 42 U.S.C. 231 , ensure that the WCF is used only for administrative support services and not for programmatic activity funding: Provided further, That CDC shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 15 days prior to any transfer made under the authority provided in this section. (Including Transfer of Funds) 1508. Notwithstanding section 1101, the level for Department of Health and Human Services, National Institutes of Health, Office of the Director shall be $1,528,181,000: Provided , That the fourth proviso under such heading shall be applied to funds appropriated by this Act by substituting the following: : Provided further , That $165,000,000 shall be for the National Children’s Study (NCS), except that not later than July 15, 2013 the Director shall estimate the amount needed for the NCS during fiscal year 2013, taking into account the succeeding proviso, and any funds in excess of the estimated need shall be transferred to and merged with the accounts for the various Institutes and Centers of NIH in proportion to their shares of total NIH appropriations made by this Act: Provided further , That the Director shall contract with the National Academy of Sciences within 60 days of enactment of this Act to appoint an expert Institute of Medicine/National Research Council (IOM/NRC) panel to conduct a comprehensive review and issue a report regarding proposed methodologies for the NCS Main Study, including whether such methodologies are likely to produce scientifically sound results that are generalizable to the United States population and appropriate sub-populations: Provided further , That no contracts shall be awarded for conducting the Main Study until at least 60 days after the IOM/NRC report has been available to the public: . 1509. Notwithstanding section 1101, the level for Department of Health and Human Services, Administration for Children and Families, Refugee and Entrant Assistance shall be $1,016,000,000. 1510. Notwithstanding section 1101, the level for Department of Health and Human Services, Administration for Children and Families, Payments to States for the Child Care and Development Block Grant shall be $2,328,313,000: Provided , That in addition to the amounts required to be reserved by the States under section 658G of the Child Care and Development Block Grant Act, $297,078,000 shall be reserved by the States for activities authorized under section 658G of such Act, of which $108,950,000 shall be for activities that improve the quality of infant and toddler care. 1511. In addition to amounts otherwise made available by section 1101, $33,500,000 is appropriated for Department of Health and Human Services, Administration for Children and Families, Children and Families Services for making payments under the Head Start Act: Provided , That notwithstanding section 640 of such Act, up to $25,000,000 of such funds shall be available for allocation by the Secretary to supplement activities described in paragraphs (7)(B) and (9) of section 641(c) of the Head Start Act under the Designation Renewal System, established under the authority of sections 641(c)(7), 645A(b)(12) and 645A(d) of such Act: Provided further , That amounts allocated to Head Start grantees at the discretion of the Secretary to supplement activities pursuant to the previous proviso shall not be included in the calculation of the base grant in subsequent fiscal years, as such term is used in section 640(a)(7)(A) of the Head Start Act. 1512. Notwithstanding section 1101, the level for Department of Health and Human Services, Office of the Secretary, Public Health and Social Services Emergency Fund shall be increased by $17,000,000 for expenses necessary for replacement of building leases and associated renovation costs for Public Health Service agencies and other components of the Department of Health and Human Services, including relocation and fit-out costs, to remain available until expended. 1513. Of the amount provided by section 1101 for Department of Education, Safe Schools and Citizenship Education for subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965, $3,000,000, to remain available until expended, shall be for the Project School Emergency Response to Violence program to provide education-related services to local educational agencies and institutions of higher education in which the learning environment has been disrupted due to a violent or traumatic crisis. 1514. Notwithstanding section 1101, the provisos under the heading Department of Education—Special Education shall be applicable as if the following four provisos were inserted after the first proviso: : Provided further , That the Secretary shall distribute to all other States (as that term is defined in section 611(g)(2)), subject to the third proviso, any amount by which a State's allocation under section 611(d), from funds appropriated under this heading, is reduced under section 612(a)(18)(B), in accordance with section 611(d)(3)(A)(i)(II) and (III) without regard to section 611(d)(3)(A)(i)(I) and section 611(d)(3)(B): Provided further , That the Secretary may not distribute any funds under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further , That the States shall allocate such funds distributed under the second preceding proviso to local educational agencies in accordance with section 611(f): Provided further , That the amount by which a State's allocation under section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and the amounts distributed to States under the previous provisos from funds appropriated for fiscal year 2012 or any subsequent year shall not be considered in calculating the awards under section 611(d) for fiscal year 2013 or for any subsequent fiscal years: . 1515. Of the amount provided by section 1101 for Department of Education, Higher Education for subpart 2 of part A of title VII of the Higher Education Act of 1965, up to $4,451,000 shall be available to fund continuation awards for projects originally supported under subpart 1 of part A of title VII of such act. 1516. Notwithstanding section 1101, the level for Railroad Retirement Board, Limitation on Administration shall be $111,149,000. 1517. Notwithstanding section 1101, the level for Social Security Administration, Supplemental Security Income Program for research and demonstrations under sections 1110, 1115, and 1144 of the Social Security Act shall be $17,000,000. 1518. Of the funds made available by section 1101 for Social Security Administration, Limitation on Administrative Expenses , $23,000,000 shall be for section 1149 of the Social Security Act and $7,000,000 shall be for section 1150 of the Social Security Act. 1519. Of the funds made available by section 1101 for Social Security Administration, Limitation on Administrative Expenses for the cost associated with continuing disability reviews under titles II and XVI of the Social Security Act and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, $273,000,000 is provided to meet the terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, and $483,052,000 is additional new budget authority specified for purposes of section 251(b)(2)(B) of such Act. 1520. Of the funds made available for the Community-Based Care Transitions Program under section 3026 of Public Law 111–148, $200,000,000 are hereby rescinded. 1521. Notwithstanding section 1101, the rescissions made in sections 522 and 525 of division F of Public Law 112–74 shall be repeated in this Act with respect to funds available for fiscal year 2013. 1522. Section 148 of Public Law 112–175 is amended to read as follows: Activities authorized by part A of title IV and section 1108(b) of the Social Security Act (except for activities authorized in section 403(b) of such Act) shall continue through September 30, 2013, in the manner authorized for fiscal year 2012, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. . VI Legislative Branch 1601. Notwithstanding any other provision of this Act, for a payment to Irene Hirano Inouye, widow of Daniel K. Inouye, late a Senator from Hawaii, $193,400. 1602. Notwithstanding section 1101, the level for Joint Congressional Committee On Inaugural Ceremonies of 2013 shall be $0. 1603. Notwithstanding section 1101, the level for Capitol Police, General Expenses shall be $62,004,000. 1604. Notwithstanding section 1101, the level of funding for Architect of the Capitol, General Administration shall be $97,340,000. 1605. (a) Notwithstanding section 1104, of the amounts made available by section 1101 for accounts under the heading Architect of the Capitol , the Architect of the Capitol may transfer an aggregate amount of not more than $61,247,000 to Architect of the Capitol, Capitol Building , solely for expenses related to the rehabilitation of the United States Capitol Dome. (b) The transfer of amounts under the authority of subsection (a) shall be subject to the approval of the Committees on Appropriations of the House of Representatives and Senate. (c) Any amounts transferred under the authority of subsection (a) shall remain available until expended. 1606. (a) Notwithstanding section 1101, available balances of expired Architect of the Capitol appropriations shall be available to the Architect of the Capitol to make the deposit to the credit of the Employees’ Compensation Fund required by section 8147(b) of title 5, United States Code. (b) Effective date This section shall apply with respect to appropriations for fiscal year 2013 and each year thereafter. 1607. Notwithstanding section 1101, the level for Library of Congress, Copyright Office, Salaries and Expenses shall be $737,000 under the first proviso, and shall be $34,250,000 under the fourth proviso. 1608. Notwithstanding section 1101, the level for Government Printing Office, Congressional Printing and Binding shall be $83,632,000; Government Printing Office, Government Printing Office Revolving Fund shall be $4,000,000. 1609. Notwithstanding section 1101, the level for Government Printing Office, Office of Superintendent of Documents, Salaries and Expenses shall be $31,500,000 and the amounts authorized for producing and disseminating Congressional serial sets and other related publications to depository and other designated libraries shall apply to publications for fiscal years 2011 and 2012. 1610. Notwithstanding section 1101, the level for Government Accountability Office, Salaries and Expenses shall be $506,282,000, the amount applicable under the first proviso under that heading shall be $26,404,000. 1611. (a) In General Available balances of expired Government Accountability Office appropriations shall be available to the Government Accountability Office to make the deposit to the credit of the Employees’ Compensation Fund required by section 8147(b) of title 5 United States Code. (b) Effective Date This section shall apply with respect to fiscal year 2013 and each fiscal year thereafter. 1612. Notwithstanding section 1101, the level for Open World Leadership Center Trust Fund shall be $8,000,000. VII DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS 1701. (a) Notwithstanding section 1101, the amounts included under the heading Embassy Security, Construction, and Maintenance under title I in division I of Public Law 112–74 shall be applied to funds appropriated by this division as follows: by substituting $938,125,000 for $762,000,000 in the first paragraph; and by substituting “$688,499,000” for “$775,000,000” in the second paragraph. (b) Notwithstanding section 1101, the levels for the following accounts under title I in division I of Public Law 112–74 shall be applied to funds appropriated by this division as follows: Contributions for International Peacekeeping Activities , $2,006,499,000; International Boundary and Water Commission, United States and Mexico, Salaries and Expenses , $43,499,000; International Boundary and Water Commission, United States and Mexico, Construction , $27,675,000; American Sections, International Commissions , $11,923,000; International Fisheries Commissions , $34,617,000; Commission for the Preservation of America’s Heritage Abroad, Salaries and Expenses , $606,000; United States Commission on International Religious Freedom, Salaries and Expenses , $2,932,000; Commission on Security and Cooperation in Europe, Salaries and Expenses , $2,443,000; Congressional-Executive Commission on the People’s Republic of China, Salaries and Expenses , $1,906,000; and United States-China Economic and Security Review Commission, Salaries and Expenses , $3,312,000. 1702. (a) Notwithstanding section 1101, the amounts included under the heading Global Health Programs under title III in division I of Public Law 112–74 shall be applied to funds appropriated by this division as follows: by substituting in the first sentence in the first paragraph $2,755,950,000 for $2,625,000,000 ; by substituting in the first sentence in the second paragraph $5,720,499,000 for $5,542,860,000 ; and by substituting in the second proviso in the second paragraph $1,650,000,000 for $1,050,000,000 . (b) Notwithstanding section 1101, the amounts included under the heading Economic Support Fund under title III in division I of Public Law 112–74 shall be applied to funds appropriated by this division by inserting after the tenth proviso and before the period the following: : Provided further , That 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 . 1703. (a) Notwithstanding section 1101, the sixth proviso under the heading Nonproliferation, Anti-terrorism, Demining and Related Programs in division I of Public Law 112–74 shall be applied to funds appropriated by this division by substituting the following: Provided further , That funds made available for demining, conventional weapons destruction, and related activities, in addition to funds otherwise made available for such purposes, may be used for administrative expenses related to the operation and management of demining, conventional weapons destruction, and related programs . (b) Notwithstanding section 1101, the first sentence under the heading Nonproliferation, Anti-terrorism, Demining and Related Programs in division I of Public Law 112–74 shall be applied to funds appropriated by this division by inserting to remain available until September 30, 2014, after $590,113,000, . (c) Notwithstanding section 1101, the third proviso under the heading International Security Assistance, Department of State, Peacekeeping Operations in division I of Public Law 112–74 shall be applied to funds appropriated by this division by substituting $161,000,000 for $91,818,000 and 2014 for 2013 . (d) Notwithstanding section 1101, the amounts included in the first paragraph under the heading Foreign Military Financing Program under title IV in division I of Public Law 112–74 shall be applied to funds appropriated by this division by substituting in the second proviso $3,100,000,000 for $3,075,000,000 and by substituting in the fourth proviso $815,300,000 for $808,725,000 . 1704. (a) Notwithstanding section 1101, the levels for the following accounts under title V in division I of Public Law 112–74 shall be as follows: Global Environment Facility , $129,400,000; Contribution to the International Bank for Reconstruction and Development , $186,957,000; Contribution to the Enterprise for the Americas Multilateral Investment Fund , $15,000,000; and in the first paragraph under Contribution to the International Development Association , $1,358,500,000; and Contribution to the Inter-American Development Bank , $111,153,000. (b) Notwithstanding section 1101, the level for the following accounts shall be $0: Multilateral Assistance, International Financial Institutions, European Bank for Reconstruction and Development, Limitation on Callable Capital Subscriptions ; Bilateral Economic Assistance, Funds Appropriated to the President, Assistance for Europe, Eurasia and Central Asia ; and International Security Assistance, Funds Appropriated to the President, Pakistan Counterinsurgency Capability Fund . (c) Notwithstanding section 1101, the level for the second paragraphs for the following accounts under title V in division I of Public Law 112–74 shall be $0: Contribution to the International Development Association ; Contribution to the Inter-American Development Bank ; and Contribution to the African Development Fund . (d) Section 70 of the Bretton Woods Agreements Act ( 22 U.S.C. 286 et seq. ), is amended in subsection (b) by adding at the end the following: (3) In order to pay for the increase in the United States subscription to the Bank under subsection (a)(1)(B), there are authorized to be appropriated, without fiscal year limitation, $4,639,501,466 for payment by the Secretary of the Treasury. (4) Of the amount authorized to be appropriated under paragraph (3), $278,370,088 shall be for paid in shares of the Bank, and $4,361,131,378 shall be for callable shares of the Bank. . 1705. Of the unexpended balances available under the heading Export and Investment Assistance, Export-Import Bank of the United States, Subsidy Appropriation from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $400,000,000 are rescinded. 1706. (a) Notwithstanding section 1101, section 7006 in division I of Public Law 112–74 shall be applied to funds appropriated by this division by substituting Afghanistan, Pakistan, and other hostile or high-risk areas for Afghanistan, and Pakistan . (b) Notwithstanding section 1101, the amount included in section 7034(f) in division I of Public Law 112–74 shall be applied to funds appropriated by this division by substituting $100,000,000 for $50,000,000 . (c) Notwithstanding section 1101, section 7054(b) in division I of Public Law 112–74 shall be applied to funds appropriated by this division by inserting before the period in paragraph (2) ; or (3) such assistance, license, sale, or transfer is for the purpose of demilitarizing or disposing of such cluster munitions . (d) Notwithstanding section 1101, section 7054(b) in division I of Public Law 112–74 shall be applied for purposes of this division by inserting before the period in paragraph (2) “; or (3) such assistance, license, sale, or transfer is for the purpose of demilitarizing or disposing of such cluster munitions”. (e) Notwithstanding section 1101, section 7063 in division I of Public Law 112–74 shall be applied to funds appropriated by this division by substituting September 30, 2014 for September 30, 2013 . (f) Notwithstanding section 1101, sections 7070(a) and 7072(a) in division I of Public Law 112–74 shall be applied to funds appropriated by this division by substituting headings for heading and substituting Global Health Programs , Economic Support Fund , and International Narcotics Control and Law Enforcement for Assistance for Europe, Eurasia and Central Asia . (g) Notwithstanding section 1101, section 7070 in division I of Public Law 112–74 shall be applied to funds appropriated by this division by adding the following: (d) Funds appropriated by this division under the heading Economic Support Fund may be made available, not withstanding any other provision of law, for assistance and related programs for the countries identified in section 3(c) of the Support for Eastern European Democracy (SEED) Act of 1989 ( Public Law 101–179 ) and section 3 of the FREEDOM Support Act ( Public Law 102–511 ) and may be used to carry out the provisions of those Acts: Provided , 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) The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended— (1) in section 599D (8 U.S.C. 1157 note)— (A) in subsection (b)(3), by striking and 2012 and inserting 2012, and 2013 ; and (B) in subsection (e), by striking 2012 each place it appears and inserting 2013 ; and (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking 2012 and inserting 2013 . (i) Notwithstanding section 1101, section 7041(h) in division I of Public Law 112–74 shall be applied to funds appropriated by this division by including the following before the period: 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) 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 . 1707. (a) Notwithstanding section 1101, the levels for the following accounts under title VIII in division I of Public Law 112–74 shall be as follows: Diplomatic and Consular Programs , $3,210,650,000, of which $918,435,000 is for Worldwide Security Protection (to remain available until expended); and Embassy Security, Construction, and Maintenance , $1,272,200,000, of which $1,261,400,000 is for the costs of worldwide security upgrades, acquisition, and construction, as authorized: Provided , That funds made available under this subsection shall be used for operations at high threat posts, security programs to protect personnel and property under Chief of Mission authority, preventing the compromise of classified United States Government information and equipment, and security construction or upgrade requirements at Department of State facilities worldwide, including for Worldwide Security Upgrades. (b) Of the unobligated balances from funds appropriated under title VIII in division I of Public Law 112–74 under the heading Diplomatic and Consular Programs and designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, $1,109,700,000 are rescinded. (c) Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations providing an assessment of security requirements at United States diplomatic facilities worldwide, including those facilities considered expeditionary in nature; a comprehensive plan for addressing such requirements; and a detailed description of Embassy security improvements to be supported from funds made available by this section: Provided , That such report shall be submitted in unclassified form, but may include a classified annex. (d) Notwithstanding section 1101, the amounts included under the heading Office of Inspector General under title VIII in division I of Public Law 112–74 shall be applied to funds appropriated by this division as follows: by substituting $59,151,000 for $67,182,000 , and by substituting $6,000,000 for $19,545,000 for the Special Inspector General for Iraq Reconstruction; and by substituting $49,901,000 for $44,387,000 for the Special Inspector General for Afghanistan Reconstruction. (e) Notwithstanding section 1101, the levels for the following accounts under title VIII in division I of Public Law 112–74 shall be as follows: International Disaster Assistance , $774,661,000; Migration and Refugee Assistance , $1,152,850,000; and Economic Support Fund , $3,119,896,000. 1708. Notwithstanding section 1101, title VIII of division I of Public Law 112–74 shall be applied to funds appropriated by this division by inserting the following at the end of section 8004: 8005. Funds appropriated by this title under the headings Diplomatic and Consular Programs , Embassy Security, Construction, and Maintenance , and Educational and Cultural Exchange Programs may be transferred to, and merged with, funds appropriated by this title under such headings: Provided, That such transfers shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the transfer authority in this section is in addition to any transfer authority otherwise available under any other provision of law. 8006. Funds appropriated by this title shall be made available for assistance for Jordan, in addition to amounts otherwise made available by this Act. . VIII TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES 1801. (a) Notwithstanding sections 1101 and 1104, the level for limitations on obligation and liquidation of contract authority shall be available in the following accounts equal to the level of the contract authority subject to such limitation appropriated out of the Highway Trust Fund in Sections 1101, 1105, 1107, 1110, 1121, 31101, 32603, and 51001 of Public Law 112–141 for fiscal year 2013: (1) Department of Transportation—Federal Highway Administration—Limitation on Administrative Expenses ; (2) Department of Transportation—Federal Highway Administration—Federal-Aid Highways—(Limitation on Obligations)—(Highway Trust Fund)—(Liquidation of Contract Authorization)—(Highway Trust Fund) ; (3) Department of Transportation—Federal Motor Carrier Safety Administration—Motor Carrier Safety Operations and Programs—(Liquidation of Contract Authorization)—(Limitation on Obligations)—(Highway Trust Fund) ; (4) Department of Transportation—Federal Motor Carrier Safety Administration—Motor Carrier Safety Grants—(Liquidation of Contract Authorization)—(Limitation on Obligations)—(Highway Trust Fund) ; Provided, Section 131 of Division C of Public Law 112–55 is hereby deleted; and (5) Department of Transportation—National Highway Traffic Safety Administration—Operations and Research—(Liquidation of Contract Authorization)—(Limitation on Obligations)—(Highway Trust Fund) . (b) Section 120 of division C of Public Law 112–55 shall not apply to amounts made available by this division. (c) During the period covered by this division, section 1102 of Public Law 112–141 shall be applied— (1) in subsection (b)(10), as if the limitation applicable through fiscal year 2011 applied through fiscal year 2012; and (2) in subsection (c)(5), by treating the reference to section 204 of title 23, United States Code, as a reference to sections 202 and 204 of such title. 1802. Notwithstanding sections 1101 and 1104, the language under the heading Department of Transportation—National Highway Traffic Safety Administration—Highway Traffic Safety Grants—(Liquidation of Contract Authorization)—(Limitation on Obligations)—(Highway Trust Fund) shall be applied to funds made available by this Act as if the language read as follows: For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402 and 405, section 2009 of Public Law 109–59 (as amended by section 31106 of Public Law 112–141 ), and section 31101(a)(6) of Public Law 112–141 , $554,500,000, to remain available until expended, to be derived from the Highway Trust Fund (other than the Mass Transit Account): Provided, That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2013, are in excess of $554,500,000 for programs authorized under 23 U.S.C. 402 and 405, section 2009 of Public Law 109–59 (as amended by section 31106 of Public Law 112–141 ), and section 31101(a)(6) of Public Law 112–141 , of which $235,000,000 shall be for Highway Safety Programs under 23 U.S.C. 402 , $29,000,000 shall be for High Visibility Enforcement Program under section 2009 of Public Law 109–59 (as amended by section 31106 of Public Law 112–141 ), $265,000,000 shall be for National Priority Safety Programs under 23 U.S.C. 405 , and $25,500,000 shall be for Administrative Expenses under section 31101(a)(6) of Public Law 112–141 : Provided further, That not to exceed $500,000 of the funds made available for 23 U.S.C. 405 for Impaired Driving Countermeasures (as described in subsection (d) of such section) shall be available for technical assistance to the States. 1803. (a) Amounts provided by section 1101 for Department of Transportation—Federal Transit Administration—Formula and Bus Grants—(Liquidation of Contract Authority)—(Limitation on Obligations)—(Highway Trust Fund) are available for payment of obligations incurred in the Federal Public Transportation Assistance Program in this account, and for payment of obligations incurred in carrying out 49 U.S.C. 5305, 5307, 5310, 5311, 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340 (as amended by Public Law 112–141 ), and 20005(b) of Public Law 112–141 : Provided, That, notwithstanding sections 1101 and 1104, the proviso under such heading shall be applied to funds provided by this Act as if the proviso read as follows: Provided, That funds available for the implementation or execution of programs authorized by 49 U.S.C. 5305 , 5307, 5310, 5311, 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by Public Law 112–141 ; and 20005(b) of Public Law 112–141 shall not exceed obligations of $8,478,000,000. . (b) Notwithstanding sections 1101 and 1104, for necessary administrative expenses of the Federal Transit Administration’s programs authorized by chapter 53 of title 49, United States Code, as amended by Public Law 112–141 , $102,713,000, to remain available until expended, of which $4,000,000 shall be available to carry out 49 U.S.C. 5329. (c) Notwithstanding sections 1101 and 1104, amounts provided for Department of Transportation—Federal Transit Administration—Research and University Research Centers shall be available for necessary expenses to carry out 49 U.S.C. 5312–5314 and 5322, as amended by Public Law 112–141 : Provided , That, of the amount provided under this heading, not less than $35,000,000 shall be available to carry out the provisions of 49 U.S.C. 5312. (d) Notwithstanding section 1101, the language under the heading Department of Transportation—Federal Transit Administration—Capital Investment Grants in division C of Public Law 112–55 shall be applied to funds appropriated by this Act as if the language: , of which $35,481,000 and all that follows through the end of the first proviso were deleted. (e) Section 601(e)(1)(B) of division B of Public Law 110–432 shall be applied by substituting the date specified in section 1106 of this division for 4 years after such date . 1804. Section 112 of division C of Public Law 112–55 shall be applied to funds appropriated by this division by treating such section as if it were amended by striking 49 U.S.C. 41742(b) shall not apply, and . 1805. Notwithstanding section 1101, the level for Department of Housing and Urban Development, Community Planning and Development, Homeless Assistance Grants shall be $2,033,000,000: Provided, That the level for project-based rental assistance with rehabilitation projects with 10-year grant terms shall be $0, and any unobligated amounts appropriated under such heading for such purpose in fiscal year 2012 or in any prior Act shall be applied in fiscal year 2013 by making any such amounts available for any purpose under such heading: Provided further, That the first proviso shall be applied by striking $250,000,000 and inserting $200,000,000 . 1806. Notwithstanding sections 1101 and 1104, the level for Department of Housing and Urban Development, Public and Indian Housing, Indian Housing Loan Guarantee Fund Program Account shall be $12,200,000: Provided, the second proviso under such heading in division C of Public Law 112–55 shall be applied to funds appropriated by this division by substituting $976,000,000 for $360,000,000 ; Provided further, section 184(d) of the Housing and Community Development Act of 1992 is amended to read as follows: (d) Guarantee fee The Secretary shall establish and collect, at the time of issuance of the guarantee, a fee for the guarantee of loans under this section, in an amount not exceeding 3 percent of the principal obligation of the loan. The Secretary may also establish and collect annual premium payments in an amount not exceeding 1 percent of the remaining guaranteed balance (excluding the portion of the remaining balance attributable to the fee collected at the time of issuance of the guarantee). The Secretary shall establish the amount of the fees and premiums by publishing a notice in the Federal Register. The Secretary shall deposit any fees and premiums collected under this subsection in the Indian Housing Loan Guarantee Fund established under subsection (i). . 1807. Notwithstanding section 1101, the level for Department of Housing and Urban Development, Public and Indian Housing, Tenant-Based Rental Assistance shall be $14,939,369,000, to remain available until expended, which shall be available on October 1, 2012 (in addition to the $4,000,000,000 previously appropriated under such heading that became available on October 1, 2012), and, notwithstanding section 1111, an additional $4,000,000,000, to remain available until expended, shall be available on October 1, 2013: Provided, That of the amounts available for such heading, $1,375,000,000 shall be for activities specified in paragraph (3) under such heading in title II of division C of Public Law 112–55: Provided further, That in applying paragraph 1 under such heading in such Public Law to 2013, under the penultimate proviso strike (4) for incremental and all that follows up to the colon and insert (4) for PHAs, that despite taking reasonable cost savings measures, as determined by the Secretary, would otherwise be required to terminate participating families from the program due to insufficient funds . 1808. 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 . 1809. Notwithstanding section 1101, the level for Department of Housing and Urban Development, Public and Indian Housing, Public Housing Operating Fund shall be $4,262,010,000: Provided, That such heading shall be applied in fiscal year 2013 by striking , of which and all that follows up to the period. 1810. Section 216 in division C of Public Law 112–55 shall be applied in fiscal year 2013 by striking September 30, 2012 and inserting September 30, 2013 . G Other matters 3001. (a) There is hereby rescinded the applicable percentage (as specified in subsection (b)) of the budget authority provided (or obligation limit imposed) for fiscal year 2013 for any discretionary account in divisions A through E of this Act; and (b) For purposes of subsection (a), the applicable percentage shall be— (1) for budget authority in the nonsecurity category (as defined in section 250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, in— (A) divisions A and E, 2.513. percent; and (B) division B, 1.877 percent; and (2) for budget authority in the security category (as defined in section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985), 0.1 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) This section shall not apply to amounts designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act; and (e) Within 30 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to this section. 3002. Notwithstanding any other provision of this Act, if, on or after the date of enactment of this Act, a sequestration order issued by the President pursuant to section 251A(7)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is in effect, the reductions in each discretionary account under such order shall apply to the amounts provided in this Act consistent with section 253(f) of that Act, and shall be in addition to any reductions required by section 251(a) of that Act. 3003. (a) The head of any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission, or office during fiscal year 2013 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days of the date of a conference held by any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act during fiscal year 2013 for which the cost to the United States Government was more than $20,000, the head of any such department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending such conference. (d) A grant or contract funded by amounts appropriated by this or any other appropriations Act to an Executive branch agency may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this or any other appropriations Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012. 3004. (a) If, for fiscal year 2013, the amount of new budget authority provided in appropriation Acts exceeds the discretionary spending limits set forth in section 251(c)(2) of the Balanced Budget and Emergency Deficit Control Act on new budget authority for any category due to estimating differences with the Congressional Budget Office, the Director of the Office of Management and Budget shall increase the applicable percentage in subsection (c) with respect to that category by such amount as is necessary to eliminate the amount of the excess in that category. (b) Subject to subsection (a), there is hereby rescinded the applicable percentage (as specified in subsection (c)) of— (1) the budget authority provided (or obligation limit imposed) for fiscal year 2013 for any discretionary account in divisions A through F of this Act; (2) the budget authority provided in any advance appropriation for fiscal year 2013 for any discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in fiscal year 2013 for any program subject to limitation incorporated or otherwise contained in divisions A through F of this Act. (c) For purposes of subsection (b), the applicable percentage shall be— (1) for budget authority in the nonsecurity category (as defined in section 250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985), 0 percent; and (2) for budget authority in the security category (as defined in section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985), 0 percent. (d) Any rescission made by subsection (b) shall be applied proportionately— (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the applicable appropriation Act or accompanying reports covering such account or item). (e) This section shall not apply to— (1) amounts designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act; or (2) the amount made available by division 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) 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. Amend the title so as to read: An Act making consolidated appropriations and further continuing appropriations for the fiscal year ending September 30, 2013, and for other purposes. Secretary

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113-hr-934

I 113th CONGRESS 1st Session H. R. 934 IN THE HOUSE OF REPRESENTATIVES March 4, 2013 Mr. McClintock (for himself, Mr. Costa , Mr. Denham , Mr. Nunes , Mr. Valadao , Mr. McCarthy of California , and Mr. LaMalfa ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Wild and Scenic Rivers Act related to a segment of the Lower Merced River in California, and for other purposes. 1. Lower Merced river (a) Wild and scenic rivers act Section 3(a)(62)(B)(i) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(62)(B)(i) ) is amended— (1) by striking the normal maximum the first place that it appears and all that follows through April, 1990. and inserting the following: the boundary of FERC Project No. 2179 as it existed on February 15, 2013, consisting of a point approximately 2,480 feet downstream of the confluence with the North Fork of the Merced River, consisting of approximately 7.4 miles. ; and (2) by striking the normal maximum operating pool water surface level of Lake McClure the second place that it appears and inserting the boundary of FERC Project No. 2179 as it existed on February 15, 2013, consisting of a point approximately 2,480 feet downstream of the confluence with the North Fork of the Merced River . (b) Exchequer project Section 3 of Public Law 102–432 is amended by striking Act: and all that follows through the period and inserting Act. .

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113-hr-935

I 113th CONGRESS 1st Session H. R. 935 IN THE HOUSE OF REPRESENTATIVES March 4, 2013 Mr. Gibbs (for himself, Mr. Austin Scott of Georgia , Mr. Schrader , and Mr. McIntyre ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Water Pollution Control Act to clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable waters, and for other purposes. 1. Short title This Act may be cited as the Reducing Regulatory Burdens Act of 2013 . 2. Use of authorized pesticides Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(f) ) is amended by adding at the end the following: (5) Use of authorized pesticides Except as provided in section 402(s) of the Federal Water Pollution Control Act, the Administrator or a State may not require a permit under such Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under this Act, or the residue of such a pesticide, resulting from the application of such pesticide. . 3. Discharges of pesticides Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by adding at the end the following: (s) Discharges of pesticides (1) No permit requirement Except as provided in paragraph (2), a permit shall not be required by the Administrator or a State under this Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act, or the residue of such a pesticide, resulting from the application of such pesticide. (2) Exceptions Paragraph (1) shall not apply to the following discharges of a pesticide or pesticide residue: (A) A discharge resulting from the application of a pesticide in violation of a provision of the Federal Insecticide, Fungicide, and Rodenticide Act that is relevant to protecting water quality, if— (i) the discharge would not have occurred but for the violation; or (ii) the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation. (B) Stormwater discharges subject to regulation under subsection (p). (C) The following discharges subject to regulation under this section: (i) Manufacturing or industrial effluent. (ii) Treatment works effluent. (iii) Discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention. .

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113-hr-936

I 113th CONGRESS 1st Session H. R. 936 IN THE HOUSE OF REPRESENTATIVES March 4, 2013 Mr. Matheson (for himself and Mr. Dent ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Help America Vote Act of 2002 to eliminate straight-party voting from any voting system used for Federal elections. 1. Short title This Act may be cited as the People Before Party Act of 2013 . 2. Elimination of straight-party voting in Federal elections Section 301(a)(6) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(a)(6) ) is amended by striking the period at the end of the sentence and inserting , except that no State may provide a voter with the opportunity to indicate the selection of a political party as a representation of the selection of an individual candidate. .

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113-hr-937

I 113th CONGRESS 1st Session H. R. 937 IN THE HOUSE OF REPRESENTATIVES March 4, 2013 Mr. Price of North Carolina (for himself and Mr. Coble ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committees on Ways and Means and Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To support innovation and research in the United States textile and fiber products industry. 1. Short title This Act may be cited as the American Textile Technology Innovation and Research for Exportation (ATTIRE) Act . 2. Findings The Congress finds that— (1) the United States textile industry continues to thrive and evolve despite changing economic and labor conditions; (2) the United States textile industry employs over 500,000 workers nationwide and contributes nearly $60,000,000,000 to the gross domestic product annually; (3) the United States textile industry is a primary supplier of domestic jobs to women and minorities, with many of these jobs located in economically depressed rural and urban areas; (4) research and innovation are essential to the United States textile industry’s ability to maintain its competitive advantage and expand its export on an international scale; and (5) by working closely with the textile industry to improve existing technologies and to identify new market opportunities, university-based textile research programs and not-for-profit textile research centers play a critical role in promoting innovation and growth in the textile industry and in the United States economy as a whole. 3. Grant program to support textile research and innovation through university and industry-based research (a) Grants Authorized The Secretary of Commerce shall establish a competitive grant program (in this section referred to as the grant program ) to fund textile research and innovation and to promote increased textile exports. (b) Administration of grant program (1) Eligible Recipients The eligible recipients of grants under the grant program shall be limited to institutions of higher education and not-for-profit research institutions, including not-for-profit industry associations whose core mission is to support textile research and innovation. (2) Preference Preference in awarding such grants shall be given to collaborative research organizations that emphasize peer-reviewed research by leading academic and industry experts. (3) Application Procedure Applications for such a grant shall be submitted at such time and in such manner as determined by the Secretary of Commerce. (4) Review Procedure All such applications shall be subject to a rigorous and competitive peer review procedure. (c) Eligible uses of funds The funds authorized to be appropriated for the grant program shall be used for research and development activities that achieve at least one of the following goals: (1) To build and sustain innovation, competitiveness, and best practices in the United States textile industry. (2) To contribute to transforming the United States textile and apparel industry into a highly flexible supply chain, capable of responding to rapidly changing market demands including shifts to technologically advanced textile production. (3) To discover, design, and develop new materials, and innovative and improved manufacturing and integrated systems, essential to the success of a modern United States textile industry. (4) To train personnel, establish industrial partnerships, and create transfer mechanisms to ensure the utilization of technologies developed. (5) To strengthen the Nation’s textile research and educational efforts by uniting diverse experts and resources in unique collaborative projects. (6) To facilitate the creation of domestic jobs in the textile industry. (d) Restriction on Funds (1) In general Subject to paragraph (2), no more than 75 percent of total funding made available under the grant program in a fiscal year may be disbursed to institutions of higher education. (2) Waiver authority If the Secretary of Commerce determines that the limitation of paragraph (1) would result in the failure to disburse all appropriated funds for a fiscal year, the Secretary may waive such limitation for such fiscal year. 4. Authorization of appropriations (a) In general There are authorized to be appropriated to the Secretary of Commerce $5,000,000 for fiscal year 2014 to carry out section 3. Amounts appropriated under this subsection shall be available until expended. (b) Offsetting reduction of authorization of appropriations The amount authorized to be appropriated for operations and administration of the International Trade Administration in the Department of Commerce for fiscal year 2014 is reduced by $5,000,000.

https://www.govinfo.gov/content/pkg/BILLS-113hr937ih/xml/BILLS-113hr937ih.xml

113-hr-938

I 113th CONGRESS 1st Session H. R. 938 IN THE HOUSE OF REPRESENTATIVES March 4, 2013 Ms. Ros-Lehtinen (for herself and Mr. Deutch ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on the Judiciary and Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To strengthen the strategic alliance between the United States and Israel, and for other purposes. 1. Short title This Act may be cited as the United States-Israel Strategic Partnership Act of 2013 . 2. Findings Congress finds the following: (1) The turmoil in the Middle East poses a serious threat to United States national security interests and requires cooperation with allies that are willing to work with the United States in pursuit of shared objectives. (2) The October 31, 1998, Memorandum of Agreement signed by President Clinton and Prime Minister Netanyahu commits the United States to working jointly with Israel towards enhancing Israel’s defensive and deterrent capabilities and upgrading the framework of the United States-Israel strategic and military relationships, as well as the technological cooperation between both countries. (3) On August 16, 2007, the United States and Israel signed a Memorandum of Understanding reaffirming United States commitment to the security of Israel and establishing a 10-year framework for incremental increases in United States military assistance to Israel. (4) The Memorandum of Understanding signed two years later on January 16, 2009 reaffirmed the United States commitment and noted the security, military and intelligence cooperation between the United States and Israel . (5) The United States and Israel conduct a semi-annual Strategic Dialogue. The Department of State, in a statement following the July 12, 2012, meeting of the Strategic Dialogue, noted that the discussions focused on such issues of mutual concern as Iran’s continued quest to develop nuclear weapons, which the United States and Israel are both determined to prevent and how the continued violence of the Syrian regime against its citizens [assisted by Iran and Hezbollah] could also lead to severe consequences for the entire region . 3. Declaration of policy Congress declares that Israel is a major strategic partner of the United States. 4. Amendments to the United States-Israel Enhanced Security Cooperation Act of 2012 (a) United States actions To assist in the defense of Israel and protect United States interests Section 4 of the United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112–150; 22 U.S.C. 8603 ) is amended— (1) by striking It is the sense of Congress that the United States Government should and inserting (a) In general .—The President should, to the maximum extent practicable, ; and (2) by adding at the end the following: (b) Report Not later than 180 days after the date of the enactment of this subsection, the President shall submit to Congress a report on the implementation of this section. . (b) Extension of War Reserves Stockpile authority Section 5(a) of the United States-Israel Enhanced Security Cooperation Act of 2012 ( Public Law 112–150 ) is amended to read as follows: (a) Extension of War Reserves Stockpile authority (1) Department of Defense Appropriations Act, 2005 Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011), is amended by striking more than 10 years after and inserting more than 11 years after . (2) Foreign Assistance Act of 1961 Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321h(b)(2)(A) ) is amended by striking and 2014 and inserting , 2014, and 2015 . . 5. Authorization of assistance for Israel (a) Finding Congress finds that Israel has adopted high standards in the field of export controls, including by becoming adherent to the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group, and the Wassenaar Arrangement, and by enacting robust legislation and regulations for the control of dual-use and defense items. (b) Expedited licensing procedures The President should include Israel on the list of destinations described in paragraph (c)(1) of section 740.20 of title 15, Code of Federal Regulations (relating to License Exception Strategic Trade Authorization). (c) Overseas Private Investment Corporation In carrying out its authorities under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2191 et seq. ), the Overseas Private Investment Corporation should consider giving preference to providing insurance, financing, or reinsurance for energy and water projects in Israel. (d) Energy, water, homeland security, agriculture, and alternative fuel technologies (1) In general The President is authorized to carry out United States-Israel cooperative activities and to provide assistance promoting cooperation in the fields of energy, water, homeland security, agriculture, and alternative fuel technologies. (2) Requirements In carrying out paragraph (1), the President is authorized to share and exchange with Israel research, technology, intelligence, information, equipment, and personnel that the President determines will advance the national security interests of the United States and is consistent with the Strategic Dialogue and pertinent provisions of law— (A) by enhancing scientific cooperation between Israel and the United States; or (B) by the sale, lease, exchange in kind, or other techniques the President determines to be suitable. 6. Extension of existing authorization of United States-Israel energy cooperation Section 917(c) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337(c) ) is amended by striking 7 years and inserting 17 years . 7. United States-Israel cooperation on cyber-security It is a sense of Congress that the United States and Israel should take steps and explore avenues to increase cooperation on cyber-security. 8. Statement of United States Policy Regarding Israel’s defense systems (a) Findings Congress— (1) commends the first phase completion of the David’s Sling Weapon System (DSWS) by the Israel Missile Defense Organization and the U.S. Missile Defense Agency, which is designed to provide additional opportunities for interception by the joint United States-Israel Arrow Weapon System (Arrow 2 and Arrow 3); (2) congratulates the Israel Missile Defense Organization and the U.S. Missile Defense Agency on successfully executing the Arrow 3 flyout of a more advanced interceptor, which will improve Israel’s defenses against upper tier ballistic missile threats from nations including Iran; (3) recognizes that during Operation Pillar of Defense in November 2012, Israel deployed Iron Dome short-range rocket defense batteries to intercept Hamas-launched rockets fired from Gaza—of those rockets that posed a threat to the life of Israeli citizens, 80 to 85 percent were successfully intercepted, saving countless lives; and (4) agrees that, as stated by former Secretary of Defense Leon Panetta, Iron Dome performed, I think it’s fair to say, remarkably well during the recent escalation … Iron Dome does not start wars. It helps prevent wars. . (b) Statement of policy The President, acting through the Secretary of Defense and the Secretary of State, should provide assistance, upon request by the Government of Israel, for the enhancement of the David’s Sling Weapon System, the enhancement of the joint United States-Israel Arrow Weapon System (Arrow 2 and Arrow 3), and the procurement and enhancement of the Iron Dome short-range rocket defense system for purposes of intercepting short-range rockets, missiles, and other projectiles launched against Israel. 9. Report on eligibility of Israel for visa waiver program (a) Statement of policy It shall be the policy of the United States to include Israel in the list of countries that participate in the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) when Israel satisfies the requirements for inclusion in such program specified in such section. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the extent to which Israel satisfies the requirements specified in section 217 of the Immigration and Nationality Act for inclusion in the visa waiver program under such section and what additional steps, if any, are required in order for Israel to qualify for inclusion in such program.

https://www.govinfo.gov/content/pkg/BILLS-113hr938ih/xml/BILLS-113hr938ih.xml

113-hr-939

I 113th CONGRESS 1st Session H. R. 939 IN THE HOUSE OF REPRESENTATIVES March 4, 2013 Mr. Bentivolio (for himself, Mr. Griffin of Arkansas , Mr. Westmoreland , Mr. Ross , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To suspend the sale, lease, transfer, retransfer, or delivery of F–16 aircraft, M1 tanks, and certain other defense articles or defense services to the Government of Egypt. 1. Short title This Act may be cited as the Support Democracy in Egypt Act . 2. Suspension of sales, leases, transfers, retransfers, or delivery of covered defense articles and defense services to Egypt (a) Suspension Notwithstanding any other provision of law, the United States Government shall not license, approve, facilitate, or otherwise allow the sale, lease, transfer, retransfer, or delivery of any covered defense article or defense service to the Government of Egypt unless the President submits to Congress a certification described in subsection (b) and a notification described in subsection (c). (b) Certification A certification referred to in subsection (a) is a certification that contains a determination of the President that each of the following conditions has been met: (1) The Government of Egypt is working to curtail support for terrorist activities conducted by foreign terrorist organizations. (2) The Government of Egypt has adopted policies that promote religious and political freedoms for the people of Egypt. (3) The Government of Egypt is carrying out concerted efforts to enforce access along the Sinai Peninsula, including to stop illegal weapons smuggling between Egypt and Gaza. (4) The Government of Egypt is fully implementing all aspects of the 1979 Peace Treaty between Egypt and Israel. (c) Notification A notification referred to in subsection (a) is a notification of the President that is submitted to Congress not less than 30 days prior to the proposed sale, lease, transfer, retransfer, or delivery of any covered defense article or defense service, as the case may be, in accordance with procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1(a) ). (d) Waiver The President may waive the application of subsection (a) if the President determines and certifies to Congress that it is in the national security interests of the United States to do so. (e) Definitions In this section: (1) Covered defense article or defense service The term covered defense article or defense service means any F–16 aircraft, M1 tank, or other defense article or defense service listed in Category VI, VII, or VIII of the United States Munitions List. (2) Foreign terrorist organization The term foreign terrorist organization means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ). (3) United States Munitions List The term United States Munitions List means the list referred to in section 38(a)(1) of the Arms Export Control Act ( 22 U.S.C. 2778(a)(1) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr939ih/xml/BILLS-113hr939ih.xml

113-hr-940

I 113th CONGRESS 1st Session H. R. 940 IN THE HOUSE OF REPRESENTATIVES March 4, 2013 Mrs. Black (for herself, Mr. Fleming , Mr. Fortenberry , Mr. Daines , Mr. Boustany , Mr. Jones , Mr. Cassidy , Mr. Rogers of Alabama , Mr. Nunnelee , Mr. Lipinski , Mr. Hultgren , Mr. Bonner , Mr. Cramer , Mr. Broun of Georgia , Mr. Johnson of Ohio , Mr. Walberg , Mr. Tiberi , Mr. Kelly , Mr. Neugebauer , Mr. Flores , Mrs. Ellmers , Mr. Gingrey of Georgia , Mr. Pompeo , Mr. Roe of Tennessee , Mr. King of Iowa , Mr. Murphy of Pennsylvania , Mr. Bentivolio , Ms. Foxx , Mr. Rodney Davis of Illinois , Mr. Wilson of South Carolina , Mr. Poe of Texas , Mr. Fincher , Mr. Westmoreland , Mr. Graves of Georgia , Mr. Bachus , Mr. Barletta , Mr. Jordan , Mrs. Wagner , Mr. Benishek , Mrs. Blackburn , Mr. Wenstrup , Mr. Southerland , Mr. Schweikert , Mr. Huelskamp , Mr. Harris , Mrs. Hartzler , Mr. Miller of Florida , Mr. Smith of New Jersey , Mr. Roskam , Mr. Pearce , and Mrs. Walorski ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Patient Protection and Affordable Care Act to protect rights of conscience with regard to requirements for coverage of specific items and services, to amend the Public Health Service Act to prohibit certain abortion-related discrimination in governmental activities, and for other purposes. 1. Short title This Act may be cited as the Health Care Conscience Rights Act . 2. Findings Congress finds the following: (1) As Thomas Jefferson declared to New London Methodists in 1809, [n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority . (2) Jefferson’s conviction on respect for conscience is deeply embedded in the history and traditions of our Nation, and codified in numerous Federal laws approved by congressional majorities and Presidents of both parties, including in the Public Health Service Act; the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act; the Religious Freedom Restoration Act; longstanding provisions on respect for conscience rights in the Federal Employees Health Benefits Program and District of Columbia appropriations; and laws to protect individuals from being forced to participate in Federal executions or prosecutions. (3) Following enactment of the Patient Protection and Affordable Care Act (Public Law 111–148, in this section referred to as PPACA ), the Federal Government has sought to impose specific requirements that infringe on the rights of conscience of those who offer or purchase health coverage. (4) While PPACA provides an exemption for some religious groups that object to participation in health insurance generally, and exempts millions of Americans from most of the Act’s provisions, including the preventive services mandate, it fails to provide statutory protection for those seeking to offer and purchase health coverage who have a religious or moral objection only to specific items or services. (5) Nurses and other health care providers have increasingly been subjected to discrimination for abiding by their conscience rather than providing, paying for, or referring for abortion. (6) Conscience rights protections for health care providers are an important part of civil rights protections in Federal law and are indispensable to the continued viability of the health care system in the United States. The increasingly significant discrimination suffered by faith-based nonprofit health care providers risks undermining access to high-quality compassionate care for some of the most vulnerable populations in our country. 3. Applying longstanding policy on conscience rights to the Affordable Care Act (a) In general Title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is amended— (1) by redesignating the second section 1563 (relating to conforming amendments and as redesignated by section 10107(b)(1) of the Patient Protection and Affordable Care Act) as section 1564; (2) by redesignating the third section 1563 (relating to the Sense of the Senate promoting fiscal responsibility) as section 1565; and (3) by adding at the end the following new section: 1566. Respecting conscience rights in health coverage (a) In general Notwithstanding any other provision of this title, no provision of this title (and no amendment made by any such provision) shall— (1) require an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which such individual has a moral or religious objection, or prevent an issuer from offering or issuing, to such individual, individual health insurance coverage that excludes such item or service; (2) require a sponsor (or, in the case of health insurance coverage offered to students through an institution of higher education, the institution of higher education offering such coverage) to sponsor, purchase, or provide any health benefits coverage or group health plan that includes coverage of an abortion or other item or service to which such sponsor or institution, respectively, has a moral or religious objection, or prevent an issuer from offering or issuing to such sponsor or institution, respectively, health insurance coverage that excludes such item or service; (3) require an issuer of health insurance coverage or the sponsor of a group health plan to include, in any such coverage or plan, coverage of an abortion or other item or service to which such issuer or sponsor has a moral or religious objection; or (4) authorize the imposition of a tax, penalty, fee, fine, or other sanction, or the imposition of coverage of the item or service to which there is a moral or religious objection, in relation to health insurance coverage or a group health plan that excludes an item or service pursuant to this section. (b) Restriction on contrary governmental action No provision in this title (or amendment made by such provision) or law, regulation, guideline or other governmental action that implements such provision or amendment, or derives its authority therefrom, shall be given legal effect to the extent that it violates this section. (c) No effect on other laws Nothing in this section shall be construed to preempt, modify, or otherwise have any effect on— (1) the Civil Rights Act of 1964; (2) the Americans with Disabilities Act of 1990; (3) the Pregnancy Discrimination Act of 1978; (4) the Mental Health Parity Act of 1996; or (5) any other State or Federal law, other than a provision in this title (or an amendment made by such provision) or a law, regulation, guideline or other governmental action that implements such provision or amendment or derives its authority therefrom. (d) Aggregate actuarial value Nothing in this section shall be construed to prohibit the Secretary from issuing regulations or other guidance to ensure that health insurance coverage or group health plans excluding abortion or other items or services under this section shall have an aggregate actuarial value at least equivalent to that of health insurance coverage or group health plans at the same level of coverage that do not exclude such items or services. (e) Continued application of nondiscrimination rules Nothing in this section shall be construed to permit a health insurance issuer, group health plan, or other health care provider to act in a manner inconsistent with subparagraph (B) or (D) of section 1302(b)(4). . (b) Clerical amendment The table of contents of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is amended— (1) by striking the following items: 1563. Conforming amendments. 1563. Sense of the Senate promoting fiscal responsibility. ; and (2) by inserting after the item relating to the section 1563 relating to small business procurement the following items: 1564. Conforming amendments. 1565. Sense of the Senate promoting fiscal responsibility. 1566. Respecting conscience rights in health coverage. . 4. Abortion nondiscrimination for health care providers Section 245 of the Public Health Service Act ( 42 U.S.C. 238n ) is amended— (1) in the section heading, by striking and licensing of physicians and inserting , licensing, and practice of physicians and other health care entities ; (2) in subsection (a), by amending paragraph (1) to read as follows: (1) the entity refuses— (A) to undergo training in the performance of induced abortions; (B) to require or provide such training; (C) to perform, participate in, provide coverage of, or pay for induced abortions; or (D) to provide referrals for such training or such abortions; ; (3) in subsection (b)(1), by striking standards and inserting standard ; (4) in subsection (c), by amending paragraphs (1) and (2) to read as follows: (1) The term financial assistance , with respect to a government program, means governmental payments to cover the cost of health care services or benefits, or other Federal payments, grants, or loans to promote or otherwise facilitate health-related activities. (2) The term health care entity includes an individual physician or other health professional, a postgraduate physician training program, a participant in a program of training in the health professions, a hospital, a provider-sponsored organization as defined in section 1855(d) of the Social Security Act, a health maintenance organization, an accountable care organization, an issuer of health insurance coverage, any other kind of health care facility, organization, or plan, and an entity that provides or authorizes referrals for health care services. ; (5) by adding at the end of subsection (c) the following new paragraph: (4) The term State or local government that receives Federal financial assistance includes any agency or other governmental unit of a State or local government if such government receives Federal financial assistance. ; (6) by redesignating subsection (c) as subsection (d); and (7) by inserting after subsection (b) the following new subsection: (c) Administration The Secretary shall designate the Director of the Office for Civil Rights of the Department of Health and Human Services— (1) to receive complaints alleging a violation of this section, section 1566 of the Patient Protection and Affordable Care Act, or any of subsections (b) through (e) of section 401 of the Health Programs Extension Act of 1973; and (2) to pursue the investigation of such complaints, in coordination with the Attorney General. . 5. Remedies for violations of Federal conscience laws Title II of the Public Health Service Act ( 42 U.S.C. 202 et seq. ) is amended by inserting after section 245 the following: 245A. Civil action for certain violations (a) In general A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. (b) Definitions In this section— (1) the term qualified party means— (A) the Attorney General; or (B) any person or entity adversely affected by the designated violation; and (2) the term designated violation means an actual or threatened violation of section 245 of this Act, section 1566 of the Patient Protection and Affordable Care Act, or any of subsections (b) through (e) of section 401 of the Health Programs Extension Act of 1973. (c) Administrative remedies not required An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted available administrative remedies. (d) Defendants in actions under this section may include governmental entities as well as others (1) In general An action under this section may be maintained against, among others, a party that is a Federal or State governmental entity. Relief in an action under this section may include money damages even if the defendant is such a governmental entity. (2) Definition For the purposes of this subsection, the term State governmental entity means a State, a local government within a State, or any agency or other governmental unit or authority of a State or of such a local government. (e) Nature of relief The court shall grant— (1) all necessary equitable and legal relief, including, where appropriate, declaratory relief and compensatory damages, to prevent the occurrence, continuance, or repetition of the designated violation and to compensate for losses resulting from the designated violation; and (2) to a prevailing plaintiff, reasonable attorneys’ fees and litigation expenses as part of the costs. .

https://www.govinfo.gov/content/pkg/BILLS-113hr940ih/xml/BILLS-113hr940ih.xml

113-hr-941

I 113th CONGRESS 1st Session H. R. 941 IN THE HOUSE OF REPRESENTATIVES March 4, 2013 Mr. Capuano introduced the following bill; which was referred to the Committee on Financial Services A BILL To ensure that any authority of the Mutual Mortgage Insurance Fund to borrow amounts from the Treasury is used only to pay mortgage insurance claims. 1. Short title This Act may be cited as the End Unnecessary Borrowing Act of 2013 . 2. Limitation on use of borrowing authority Paragraph (2) of section 206(f) of the National Housing Act ( 12 U.S.C. 1711(f)(2) ) is amended— (1) by inserting (A) after (2) ; and (2) by adding at the end the following new subparagraphs: (B) Subparagraph (A) may not be construed to authorize or require the Secretary to borrow any amounts to comply with the capital ratio requirement under such subparagraph. (C) Notwithstanding any other provision of law, any authority of the Secretary under this Act or otherwise to borrow amounts from the Treasury of the United States for the Mutual Mortgage Insurance Fund may be used only to the extent necessary to pay claims on mortgage insurance that is an obligation of such Fund. .

https://www.govinfo.gov/content/pkg/BILLS-113hr941ih/xml/BILLS-113hr941ih.xml

113-hr-942

I 113th CONGRESS 1st Session H. R. 942 IN THE HOUSE OF REPRESENTATIVES March 4, 2013 Mr. Crowley (for himself and Mr. Sensenbrenner ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for coverage and payment for complex rehabilitation technology items under the Medicare program. 1. Short title This Act may be cited as the Ensuring Access to Quality Complex Rehabilitation Technology Act of 2013 . 2. Findings Congress finds the following: (1) Individuals with disabilities and significant medical conditions such as Cerebral Palsy, Muscular Dystrophy, Multiple Sclerosis, Spinal Cord Injury, Amyotrophic Lateral Sclerosis, and Spina Bifida experience physical, functional, and cognitive challenges every day. (2) Complex rehabilitation technology items (in this Act referred to as CRT items ), including products such as complex rehabilitation power wheelchairs, highly configurable manual wheelchairs, adaptive seating and positioning systems, and other specialized equipment, such as standing frames and gait trainers, enable individuals to maximize their function and minimize the extent and costs of their medical care. (3) Access to CRT items and related services can be threatened by inadequate coding, coverage, and payment policies for such items and services. These policies have restricted access to existing complex rehabilitation technology and stifled innovation. Access challenges have increased over the past several years and, without meaningful change to these policies, will only become greater in the future. (4) Current Medicare policies often fail to adequately address the needs of individuals with disabilities, to consider the range of services furnished by complex rehabilitation technology suppliers, and to recognize and account for the complexity and unique nature of the equipment itself. (5) A significant factor responsible for such access challenges is that individually-configurable CRT items do not have a distinct payment category under the Medicare program, but instead are classified within the broad category of durable medical equipment (DME). CRT items serve patients with serious medical conditions that require a broader range of services and specialized personnel than what is required for standard DME. Customizable CRT items also require more resources in the areas configuring, training, and education to ensure appropriate use and to optimize results. (6) Unlike most DME, a medical model incorporating an interdisciplinary team approach is necessary to ensure proper customization and use of a CRT item. This team typically includes a physician, a licensed physical or licensed occupational therapist (with no financial relationship with the CRT supplier), a qualified CRT professional, the individual using such item, and sometimes a caregiver for such individual. (7) The Medicare program should recognize the specialized nature of the CRT service delivery model, the required supporting processes and technology-related CRT services, the credentials and competencies needed by the providing suppliers and critical staff, and the related costs involved. A separate benefit category for CRT items would allow for unique coding, coverage, and payment rules and policies that address the unique needs of persons with disabilities and acknowledge the extensive service component. (8) Congress and the Centers for Medicare & Medicaid Services have previously recognized the benefits of a separate classification for unique, customized products. In 2008, Congress exempted certain CRT items from inclusion in the Medicare DME competitive bidding program, and Congress has created a separate and distinct benefit category for orthotics and prosthetics (custom braces and artificial limbs), which have their own medical policies, accreditation standards, and payment calculations. 3. Establishing separate benefit category for complex rehabilitation technologies within Medicare (a) New category Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) in subparagraph (EE), by striking and at the end; (B) in subparagraph (FF), by inserting and at the end; and (C) by inserting after subparagraph (FF) the following new paragraph: (GG) complex rehabilitation technology items (as defined in subsection (iii)); ; and (2) by adding at the end the following new subsection: (iii) Complex rehabilitation technology item (1) The terms complex rehabilitation technology item and CRT item mean an item that— (A) is designed and configured for a specific qualified individual to meet the individual’s unique— (i) medical, physical, and functional needs related to a medical condition; and (ii) capacities for basic activities of daily living and instrumental activities of daily living; (B) is primarily used to serve a medical purpose and is generally not useful to a person in the absence of illness or injury; and (C) requires certain services to ensure appropriate design, configuration, and use of such item, including— (i) an evaluation of needs and capacities and matching of the features and functions of CRT items to the qualified individual who will use such an item; and (ii) configuring, fitting, programming, adjusting, or adapting the particular complex rehabilitation technology item for use by such individual. (2) (A) The Secretary, in consultation with the Director of Office on Disability, the Chairman of the National Council on Disability, the Executive Director on the Interagency Committee on Disability, the Director of the National Institute on Disability and Rehabilitation Research of the Department of Education, and the Co-Chairmen of the Senior Oversight Committee’s Care Management Reform Team of the Department of Defense and the Veterans Administration, shall, by regulation— (i) designate items as complex rehabilitation technology items; and (ii) establish eligibility criteria to determine if an individual is a qualified individual based on the level of physical and functional needs and capacities related to a medical condition or conditions described in subparagraph (E) . (B) The items designated as complex rehabilitation technology items under subparagraph (A)(i) shall include items which, as of January 1, 2013 , were classified within the following HCPCS codes: E0637, E0638, E0641, E0642, E0986, E1002, E1003, E1004, E1005, E1006, E1007, E1008, E1009, E1010, E1011, E1014, E1037, E1161, E1220, E1228, E1229, E1231, E1232, E1233, E1234, E1235, E1236, E1237, E1238, E1239 E2209, E2291, E2292, E2293, E2294, E2295, E2300, E2301, E2310, E2311, E2312, E2313, E2321, E2322, E2323, E2324, E2325, E2326, E2327, E2328, E2329, E2330, E2331, E2351, E2373, E2374, E2376, E2377, E2609, E2610, E2617, E8000, E8001, E8002, K0005, K0835, K0836, K0837, K0838, K0839, K0840, K0841, K0842, K0843, K0848, K0849, K0850, K0851, K0852, K0853, K0854, K0855, K0856, K0857, K0858, K0859, K0860, K0861, K0862, K0863, K0864, K0868, K0869, K0870, K0871, K0877, K0878, K0879, K0880, K0884, K0885, K0886, K0890, K0891, and K0898. (C) (i) The items designated as complex rehabilitation technology items under subparagraph (A)(i) shall include each item that— (I) as of January 1, 2013, was classified within the HCPCS codes under clause (ii); and (II) the Secretary, acting in consultation with suppliers and manufacturers of CRT items, determines should be removed from such code and assigned a new HCPCS code because such item is a complex rehabilitation technology item. (ii) The HCPCS codes under this clause are the following: E0143, E0950, E0951, E0952, E0955, E0956, E0957, E0958, E0960, E0967, E0978, E0990, E1015, E1016, E1028, E01029, E1030, E2205, E2208, E2231, E2368, E2369, E2370, E2605, E2606, E2607, E2608, E2613, E2614, E2615, E2616, E2620, E2621, E2624, E2625, K0004, K0009, K0040, K0108, and K0669. (D) The Secretary may not designate as a complex rehabilitation technology item— (i) adaptive equipment to operate motor vehicles; (ii) prosthetic devices described in subsection (s)(8); or (iii) orthotics and prosthetics described in subsection (s)(9). (E) In establishing the eligibility criteria under subparagraph (A)(ii) , the Secretary shall include appropriate physical and functional needs and capacities arising from any of the following medical conditions: (i) Congenital disorders, progressive or degenerative neuromuscular diseases, or injuries or trauma that result in significant physical or functional needs and capacities. (ii) Spinal cord injury, traumatic brain injury, cerebral palsy, muscular dystrophy, spina bifida, osteogenesis imperfecta, arthrogryposis, amyotrophic lateral sclerosis, multiple sclerosis, demyelinating disease, myelopathy, myopathy, progressive muscular atrophy, anterior horn cell disease, post-polio syndrome, cerebellar degeneration, dystonia, Huntington’s disease, or spinocerebellar disease. (iii) Certain types of amputation, paralysis, or paresis that result in significant physical or functional needs and capacities. (F) (i) For 2014, the Secretary shall publish— (I) a list of items designated under subparagraph (A)(i) and the HCPCS codes for such items; and (II) the eligibility criteria established under subparagraph (A)(ii) . (ii) For 2015 and each subsequent year, the Secretary shall publish any necessary updates to such list (including additions of new CRT items and any changes in applicable HCPCS codes) and to such eligibility criteria. (G) The Secretary shall make available, on a public Web site, the process by which the Secretary will consider requests from members of the public that the Secretary— (i) designate an item as a CRT item under subparagraph (A)(i) ; or (ii) amend the eligibility criteria established under subparagraph (A)(ii) . (3) For purposes of this subsection: (A) The term capacity for basic activities of daily living means an individual’s capacity to safely participate in mobility and self-care activities including— (i) maintaining and changing body position; (ii) transferring to or from one surface to another; (iii) walking; (iv) moving from place to place using mobility equipment, in a safe and timely manner; (v) washing one’s self; (vi) caring for the body; (vii) toileting; (viii) dressing; (ix) eating; (x) drinking; (xi) looking after one’s health; and (xii) carrying, moving, and handling objects to perform and participate in other activities under this subparagraph and subparagraph (B) . (B) The term capacity for instrumental activities of daily living means an individual’s capacity to safely participate in life situations in the home and community, including— (i) communicating; (ii) moving around using transportation; (iii) acquiring necessities, goods, and services; (iv) performing household tasks; (v) caring for household members and family members; (vi) caring for household objects; (vii) engaging in education, work, employment and economic life; and (viii) participating in community, social, and civic activities. (C) The term HCPCS refers to the Health Care Procedure Coding System. (D) The term individually-configured means, with respect to an item, that— (i) the item has a combination of features, adjustments, or modifications that are specific to the individual who uses such item; and (ii) the supplier of such item must measure the individual and configure, fit, program, adjust, or adapt the item, as appropriate, so that the item is consistent with— (I) an assessment or evaluation of the individual by an appropriate licensed clinician; (II) the written order required under section 1834(p)(2)(B)(i); and (III) medical condition, physical and functional needs and capacities, and body size of the individual who will use the item, the period for which such individual will need such item, and the intended use of such item by such individual. (E) The term qualified individual means an individual who— (i) is enrolled under part B; and (ii) has physical and functional needs and capacities that arise from a medical condition that meet the eligibility criteria established by the Secretary under paragraph (2)(A)(ii) . . 4. Payment rules Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following: (p) Coverage and payment for CRT items (1) General rule for payment (A) In general Not later than the date that is one year after the date of the enactment of this subsection, subject to subparagraph (B) , the Secretary shall determine a payment system that shall apply to CRT items— (i) with HCPCS codes that were assigned to the item under section 1861(iii)(2)(C)(i)(II); (ii) for which no HCPCS code was assigned prior to such date; or (iii) which, prior to such date, was classified under a miscellaneous HCPCS code. (B) Considerations In determining the payment system under subparagraph (A) , the Secretary— (i) may disregard the freezes on CPI increases to the payment amounts for durable medical equipment that occurred before the date of the enactment of this subsection, when determining the payment amount for CRT items; and (ii) shall ensure that the payment amounts for CRT items under such system are adequate to provide qualified individuals with access to such items and to encourage innovation, taking into account— (I) the unique needs of qualified individuals for access to CRT items; (II) the unique complexity of CRT items; and (III) the resources and staff needed to provide appropriate customization of CRT items for a qualified individual. (C) Exclusive payment rule This subsection shall constitute the exclusive provision of this title for payment for CRT items under this part or under part A to a home health agency. (D) Limitation on payment No payment shall be made under this subsection for a CRT item unless such CRT item— (i) is provided to a qualified individual; (ii) meets the clinical conditions for coverage established under paragraph (2) ; and (iii) is furnished by a supplier accredited pursuant to paragraph (3) . (2) Clinical conditions for coverage (A) In general The Secretary shall establish standards for clinical conditions for payment for CRT items under this subsection. (B) Requirements The standards established under subparagraph (A) shall require the following: (i) Written order (I) In general A qualified ordering practitioner shall provide a written order for a CRT item for a qualified individual before the Secretary may provide payment for such item for such individual under this subsection. (II) CRT evaluation In the case of a CRT item that is categorized by the Secretary, for purposes of the program under this title, as a manual wheelchair or a power wheelchair, and is to be provided to a qualified individual who has a diagnosis specified under subparagraph (C) , the qualified ordering practitioner may not provide a written order under subclause (I) unless the qualified individual has undergone a CRT evaluation conducted by a licensed physical therapist or occupational therapist who has no financial relationship with the CRT supplier. (ii) Documentation of medical necessity A qualified ordering practitioner who provides a written order under clause (i) shall maintain documentation of the medical necessity of such order for a period of seven years and shall make such documentation available to the Secretary upon request. The documentation of medical necessity under this clause shall include— (I) evidence that the individual for whom the order was written has physical and functional needs and capacities related to a medical condition that meet the eligibility criteria established under section 1861(iii)(2)(A)(ii); and (II) evidence of any CRT evaluation required under clause (i)(II) . (C) Specification of diagnosis for CRT evaluation The Secretary, in consultation with relevant parties (including the agencies listed in section 1861(iii)(2)(A), physicians, licensed physical therapists, licensed occupational therapists, and suppliers of complex rehabilitation technologies) shall specify the diagnoses and other medical presentations for which the requirement for a CRT evaluation under subparagraph (B)(i)(II) shall apply. (D) Coverage determinations In developing the standards under subparagraph (A) , the coverage of CRT items with respect to an individual shall be based on— (i) the specific medical, physical, and functional needs of the individual; (ii) the individual’s capacities for safe participation in basic activities of daily living and instrumental activities of daily living in all routinely encountered environments (as such terms are defined in section 1861(iii)(3)); and (iii) the individual’s expected progression of such needs and capacities. (E) Payment for residents of skilled nursing facilities In the case of a qualified individual who is a resident of a skilled nursing facility, payment may only be made under this subsection for a CRT item for such individual if such CRT item is required as part of a plan of care to allow the transition of such individual from the skilled nursing facility to a home or community setting. (3) Establishment of quality standards (A) Establishment The Secretary shall establish, through regulation, quality standards for suppliers of CRT items. Such standards shall be applied prospectively and shall be published on the Internet Web site of the Centers for Medicare and Medicaid Services. (B) Consultation In establishing the quality standards under subparagraph (A) , the Secretary shall consult with relevant parties (including clinicians, consumer groups, suppliers, and manufacturers). (C) Requirements of standards In establishing the quality standards under subparagraph (A) , the Secretary shall require that the suppliers of CRT items meet the following requirements: (i) DME standards as minimum The supplier complies with all of the standards that are applicable to suppliers of durable medical equipment under subsection (a)(20) and suppliers of medical equipment and supplies under subsection (j). (ii) Qualified CRT professional The supplier of a CRT item makes available, in each service area served by such supplier, at least one qualified CRT professional to— (I) analyze the needs and capacities of individuals for a CRT item in collaboration with the clinical team; (II) assist in selecting an appropriate CRT item for such individual, given such needs and capacities; and (III) provide technology-related training to such individual in the proper use and maintenance of the CRT items. (iii) Trial equipment The supplier of the CRT item provides the qualified individual with appropriate equipment for trial and simulation, if a physician, licensed physical therapist, or licensed occupational therapist determines that the provision of such equipment is necessary. (iv) Information on repair The supplier of the CRT item provides the qualified individual with written information on the service and repair of the CRT item provided to such individual. (v) Repair The supplier of a CRT item— (I) makes available, in each service area served by such supplier, at least one qualified CRT service technician to service and repair CRT items that— (aa) are furnished by such supplier; and (bb) at the time of the need for repair, are located in a service area of the supplier; or (II) at the time of sale of the CRT item, discloses to the qualified individual that the supplier does not provide repair service for such item and provides contact information for entities that do provide such repair service. (vi) Rental equipment If payment is allowed under paragraph (6), the supplier of the CRT item provides temporary rental equipment to the qualified individual when the supplier is repairing a qualified individual’s CRT item that was paid for under this subsection. (4) Application of standards and accreditation program for suppliers of CRT items (A) In general (i) Requirement for provider or supplier number The Secretary shall not provide a supplier of CRT items with a provider or supplier number to submit claims for payment under this title unless the supplier is in compliance with the standards under paragraph (3). (ii) Requirement for payment Payment shall not be made under this part for CRT items furnished by a supplier unless the supplier is in compliance with the standards under paragraph (3). (B) Application of accreditation requirement In implementing quality standards under paragraph (3) , the Secretary shall require suppliers furnishing CRT items, on or after one year after the standards are published under such paragraph, directly or as a subcontractor for another entity— (i) to comply with such standards; and (ii) to have submitted to the Secretary evidence of accreditation by an accreditation organization designated under subparagraph (C) demonstrating that the supplier is complying with such standards. (C) Designation of independent accreditation organizations Not later than the date that is one year after the date on which the Secretary implements the quality standards under paragraph (3) , the Secretary shall designate and approve one or more independent accreditation organizations that— (i) are approved under subsection (a)(20)(B); and (ii) the Secretary has determined have the capability to assess whether suppliers of CRT items meet the quality standards established under paragraph (3) . (5) Coding system for complex rehabilitation technologies (A) In general The Secretary shall, in consultation with suppliers and manufacturers of CRT items, and utilizing existing coding systems, establish a HCPCS coding subset that shall utilize and include HCPCS codes described in section 1861(iii)(2) for CRT items for which payment may made under this subsection. (B) Treatment of existing products (i) In general With respect to CRT items for which payment was available under this title before the effective date of the amendments made by Ensuring Access to Quality Complex Rehabilitation Technology Act of 2013 , the Secretary shall assign such items to a code in the coding subset established under subparagraph (A) . (ii) Updates After the initial assignment under clause (i) , the Secretary may decide to reassign additional product categories, or items within those categories, that exist before the date of the enactment of this subsection to the CRT coding subset. (iii) Consultation Before making reassignments of CRT items under clause (ii) , the Secretary shall consult with suppliers and manufacturers of such items. The Secretary shall not require manufacturers of CRT items for which payment was available under this title before the effective date of the amendments made by the Ensuring Access to Quality Complex Rehabilitation Technology Act of 2013 to submit requests for reassignment of the code for such product to the coding subset under subparagraph (A) as long as— (I) no changes have been made to the code definitions, required code characteristics or test requirements; and (II) the item was previously verified to meet the code requirements. (C) Removing complex rehabilitation technology from DME codes The Secretary shall, in consultation with suppliers and manufacturers of CRT items— (i) remove from the coding subset for durable medical equipment any CRT items that are included in the coding subset under subparagraph (A) ; and (ii) assign new codes to such CRT items for purposes of including such items in the subset under subparagraph (A) . (D) New technology (i) In general The Secretary shall update as needed the HCPCS level II process used to modify the code set to include CRT items for the purposes of establishing new codes and determining products to be classified as CRT items. In determining if a product is a CRT item, the Secretary shall consider— (I) if the product is novel; (II) the clinical application of the product; and (III) the ability of the product to address the unique needs and capacities of a qualified individual. (ii) Inclusion of codes in list The Secretary shall include the codes established in clause (i) in the list under section 1861(iii)(2)(F). (E) Miscellaneous code for innovation and local coverage determinations The coding subset established under subparagraph (A) shall include at least one miscellaneous code for items not otherwise classified. (6) Replacement of CRT items (A) In general Payment shall be made for the replacement of a CRT item (or for the replacement of any part of such item) without regard to continuous use or useful lifetime restrictions established under section 1834(a)(7)(C) for items of durable medical equipment if a qualified ordering practitioner determines that the provision of a replacement item (or a replacement part of such an item) is necessary because— (i) there was a change in the physiological condition of the qualified individual to whom such item was provided; (ii) there was an irreparable change in the condition of the CRT item (or, in the case of the replacement of a part, in the part of the CRT item); or (iii) the CRT item requires repairs and the cost of such repairs would be more than 50 percent of the cost of a replacement of the CRT item. (B) Deferral to providers (i) In general Subject to clause (ii) , if a qualified ordering practitioner determines that a replacement of the CRT item, or the replacement of a part of a CRT item, is necessary pursuant to subparagraph (A), the replacement item or part is deemed to be reasonable and necessary for purposes of section 1862(a)(1)(A). (ii) Exception for items under 3 years old If the CRT item that is being replaced (or the part of the CRT item that is being replaced) under subparagraph (A) is less than 3 years old (calculated from the date on which the qualified individual began to use the CRT item or part), the Secretary may require the qualified ordering practitioner to provide confirmation of necessity of the replacement item or replacement part, as the case may be. (7) Payment for temporary rental (A) In general If a CRT item owned by a qualified individual needs to be repaired, payment may be made under this subsection for the temporary rental of a CRT item while the CRT item owned by such individual is being repaired. (B) Basis; limitation Payment permitted under subparagraph (A) shall be made on a monthly basis, and the period of rental may not exceed two months. (C) Payment amount The amount of payment allowed under subparagraph (A) for a month for the rental of a CRT item shall be 10 percent of the purchase price for the CRT item. (8) Definitions For purposes of this subsection: (A) HCPCS The term HCPCS refers to the Health Care Procedure Coding System. (B) Qualified CRT professional (i) In general The term qualified CRT professional means an individual who— (I) is certified by the Rehabilitation Engineering and Assistive Technology Society of North America as an assistive technology professional or is certified by another organization designated by the Secretary (acting in consultation with relevant parties) as providing a certification that is equivalent to, or more stringent than, the assistive technology professional certification; and (II) beginning two years after the establishment of the designation under clause (ii) , achieves an additional designation that demonstrates the individual’s competencies and experience in supplying CRT items. (ii) Establishment Not later than one year after the date of the enactment of this subsection, the Secretary, acting in consultation with relevant parties, shall establish the additional designation under clause (i)(II). (iii) Relevant parties For purposes of this subparagraph, the term relevant parties includes clinicians, consumer groups, CRT suppliers, and CRT manufacturers. (C) Qualified CRT service technician The term qualified CRT service technician means an individual who— (i) is factory-trained by the manufacturers of the CRT items being offered by the suppler of such items; (ii) is trained and educated (including through on the job training) to assemble, fit, program, service, and repair CRT items; and (iii) on an annual basis, completes at least 10 hours of continuing education specific to the assembly, fitting, programming, service, and repair of CRT items. (D) Qualified individual The term qualified individual has the meaning given such term in section 1861(iii)(3)(E). (E) Qualified ordering practitioner The term qualified ordering practitioner means a physician (as defined in section 1861(r)), a physician assistant, nurse practitioner, or a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)). . 5. Conforming amendments (a) Exclusion from the in-Home use limitation for DME Section 1861(n) of the Social Security Act ( 42 U.S.C. 1395x(n) ) is amended by adding at the end the following: For 2014 and subsequent years, such term does not include complex rehabilitation technologies (as defined in subsection (iii)). . (b) Exemption from competitive acquisition Section 1847(a)(7) of the Social Security Act ( 42 U.S.C. 1395w–3(a)(7) ) is amended by adding at the end the following new subparagraph: (C) CRT items For 2014 and subsequent years, complex rehabilitation technology items (as defined in section 1861(iii)). . (c) Exemption from SNF consolidated billing Section 1888(e)(2)(A)(iii) of the Social Security Act ( 42 U.S.C. 1395yy(e)(2)(A)(iii) ) is amended by adding at the end the following: (VI) Complex rehabilitation technology items (as defined in section 1861(iii)) if delivered to an inpatient for use during the stay in the skilled nursing facility as part of the plan of care to allow the transition of such qualified individuals from the skilled nursing facility setting to the home and community. . (d) Payment exclusions Section 1834(a) of the Social Security Act (42 U.S.C. 1395m(a)) is amended— (1) in paragraph (4), by adding at the end the following sentence For 2014 and subsequent years, the items covered by this paragraph shall not include complex rehabilitation technology items (as defined in section 1861(iii)). ; (2) in paragraph (7)(A), by adding at the end the following: For fiscal year 2014 and subsequent years, the previous sentence shall not apply to power-driven wheelchairs that are designated as CRT items under section 1861(iii). ; and (3) in paragraph (16), by inserting at the end the following: The Secretary shall impose (and, may, as allowed by the second sentence of this paragraph, waive) the requirements of the first sentence of this paragraph to suppliers of complex rehabilitation technology items, except that, in order to avoid duplicate bonds, the Secretary shall not impose such requirements with respect to suppliers of complex rehabilitation technology items if such suppliers also participate in the Medicare program as suppliers of durable medical equipment. . (e) Requirements for suppliers of medical equipment and supplies Section 1834(j)(5) of the Social Security Act ( 42 U.S.C. 1395m(j)(5) ) is amended— (1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; (2) by inserting after subparagraph (D) the following new subparagraph: (E) complex rehabilitation technology items (as defined in section 1861(iii)); . 6. Effective date The amendments made by this Act shall apply to items and services furnished on or after January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr942ih/xml/BILLS-113hr942ih.xml

113-hr-943

I 113th CONGRESS 1st Session H. R. 943 IN THE HOUSE OF REPRESENTATIVES March 4, 2013 Mr. Duncan of Tennessee introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Federal Crop Insurance Act to immediately reduce crop insurance premium subsidy rates from the higher subsidies provided since the Agricultural Risk Protection Act of 2000. 1. Short title This Act may be cited as the Crop Insurance Subsidy Reduction Act . 2. Reduction in share of crop insurance premium paid by Federal Crop Insurance Corporation Section 508(e)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(2) ) is amended— (1) in subparagraph (B)(i), by striking 67 and inserting 55 ; (2) by redesignating subparagraph (E) as subparagraph (G) and, in clause (i) of such subparagraph, by striking 55 and inserting 24 ; (3) by redesignating subparagraph (F) as subparagraph (H) and, in clause (i) of such subparagraph, by striking 48 and inserting 17 ; (4) by redesignating subparagraph (G) as subparagraph (I) and, in clause (i) in such subparagraph, by striking 38 and inserting 13 ; and (5) by striking subparagraphs (C) and (D) and inserting the following new subparagraphs: (C) In the case of additional coverage equal to or greater than 55 percent, but less than 60 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of— (i) 46 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses. (D) In the case of additional coverage equal to or greater than 60 percent, but less than 65 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of— (i) 38 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses. (E) In the case of additional coverage equal to or greater than 65 percent, but less than 70 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of— (i) 42 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses. (F) In the case of additional coverage equal to or greater than 70 percent, but less than 75 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of— (i) 32 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and (ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses. .

https://www.govinfo.gov/content/pkg/BILLS-113hr943ih/xml/BILLS-113hr943ih.xml

113-hr-944

I 113th CONGRESS 1st Session H. R. 944 IN THE HOUSE OF REPRESENTATIVES March 4, 2013 Mr. Garcia introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for eligibility for relief from removal for certain Venezuelans. 1. Short title This Act may be cited as the Venezuelan Liberty Act . 2. Adjustment of status of certain Venezuelans (a) Adjustment of status (1) In general The status of any alien described in subsection (b) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien— (A) applies for such adjustment before April 1, 2014; and (B) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) shall not apply. (2) Rules in applying certain provisions In the case of an alien described in subsection (b) or (d) who is applying for adjustment of status under this section— (A) the provisions of section 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(5) ) shall not apply; and (B) the Secretary of Homeland Security may grant the alien a waiver on the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act ( 8 U.S.C. 1182(a)(9) ). In granting waivers under subparagraph (B), the Secretary shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9). (3) Relationship of application to certain orders An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Secretary of Homeland Security grants the application, the Attorney General shall cancel the order. If the Secretary of Homeland Security renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens eligible for adjustment of status (1) In general The benefits provided by subsection (a) shall apply to any alien who is a national of Venezuela and who has been physically present in the United States for a continuous period, beginning on a date during the required presence period and ending on the date the application for adjustment under such subsection is adjudicated, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods not exceeding 180 days. (2) Proof of commencement of continuous presence For purposes of establishing that the period of continuous physical presence referred to in paragraph (1) commenced during the required presence period, an alien— (A) shall demonstrate that the alien, during the required presence period— (i) applied to the Secretary of Homeland Security for asylum; (ii) was issued an order to show cause under the Immigration and Nationality Act; (iii) was placed in exclusion, deportation, or removal proceedings under such Act; (iv) applied for adjustment of status under section 245 of such Act ( 8 U.S.C. 1255 ); (v) applied to the Secretary of Homeland Security for employment authorization; (vi) performed service, or engaged in a trade or business, within the United States which is evidenced by records maintained by the Commissioner of Social Security; or (vii) applied for any other benefit under the Immigration and Nationality Act by means of an application establishing the alien’s presence in the United States during the required presence period; or (B) shall make such other demonstration of physical presence as the Secretary of Homeland Security may provide for by regulation. (c) Stay of removal; work authorization (1) In general The Secretary of Homeland Security shall provide by regulation for an alien subject to a final order of removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States if the alien is in removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Secretary of Homeland Security has rendered a final administrative determination to deny the application. (3) Work authorization The Secretary of Homeland Security may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an employment authorized endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Adjustment of status for spouses and children (1) In general The status of an alien shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if— (A) the alien is a national of Venezuela; (B) the alien— (i) is the spouse, child, or unmarried son or daughter of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that the son or daughter has been physically present in the United States for a continuous period beginning on a date during the required presence period and ending on the date on which the application for adjustment under this subsection is adjudicated; or (ii) was, at the time at which an alien filed for adjustment under subsection (a), the spouse or child of an alien whose status is adjusted, or was eligible for adjustment, to that of an alien lawfully admitted for permanent residence under subsection (a), and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the alien that filed for adjustment under subsection (a); (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; (D) the alien is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) shall not apply; and (E) applies for such adjustment before April 1, 2014. (2) Proof of continuous presence For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien— (A) shall demonstrate that such period commenced during the required presence period in a manner consistent with subsection (b)(2); and (B) shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period not exceeding 180 days. (e) Availability of administrative review The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255). (f) No offset in number of visas available When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (g) Definition For purposes of this Act, the term required presence period means the period beginning on February 2, 1999, and ending on March 4, 2013. (h) Application of Immigration and Nationality Act provisions Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Secretary of Homeland Security in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

https://www.govinfo.gov/content/pkg/BILLS-113hr944ih/xml/BILLS-113hr944ih.xml

113-hr-945

I 113th CONGRESS 1st Session H. R. 945 IN THE HOUSE OF REPRESENTATIVES March 4, 2013 Mr. Southerland introduced the following bill; which was referred to the Committee on Natural Resources A BILL To remove from the John H. Chafee Coastal Barrier Resources System the areas included in Indian Peninsula Unit FL–92 and Cape San Blas Unit P–30 in Florida. 1. Removal from John H. Chafee Coastal Barrier Resources System of areas comprising Indian Peninsula Unit FL–92 and Cape San Blas Unit P–30, Florida The areas comprising John H. Chafee Coastal Barrier Resources System Indian Peninsula Unit FL–92 and Cape San Blas Unit P–30 in Florida immediately before the enactment of this Act are not part of such system, and maps relating to such units are hereby removed from the maps referred to in section 4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)).

https://www.govinfo.gov/content/pkg/BILLS-113hr945ih/xml/BILLS-113hr945ih.xml

113-hr-946

I 113th CONGRESS 1st Session H. R. 946 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. King of Iowa (for himself, Mrs. Bachmann , Mr. Bachus , Mr. Barr , Mr. Barton , Mrs. Black , Mr. Bonner , Mr. Boustany , Mr. Brady of Texas , Mr. Broun of Georgia , Mr. Bucshon , Mr. Chabot , Mr. Cole , Mr. Cotton , Mr. Cramer , Mr. Crawford , Mr. Duncan of South Carolina , Mr. Duncan of Tennessee , Mr. Fincher , Mr. Fleming , Ms. Foxx , Mr. Gardner , Mr. Gingrey of Georgia , Mr. Gohmert , Mr. Goodlatte , Mr. Gosar , Mr. Graves of Georgia , Mr. Griffin of Arkansas , Mr. Griffith of Virginia , Mr. Harper , Mr. Harris , Mr. Huelskamp , Mr. Huizenga of Michigan , Ms. Jenkins , Mr. Jordan , Mr. LaMalfa , Mr. Lamborn , Mr. Long , Mrs. Lummis , Mr. McClintock , Mr. Meadows , Mr. Mulvaney , Mr. Nugent , Mr. Nunnelee , Mr. Palazzo , Mr. Perry , Mr. Pittenger , Mr. Poe of Texas , Mr. Roe of Tennessee , Mr. Ross , Mr. Salmon , Mr. Scalise , Mr. Schweikert , Mr. Stockman , Mr. Walberg , Mr. Westmoreland , Mr. Wilson of South Carolina , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities. 1. Short title This Act may be cited as the National Right-to-Work Act . 2. Amendments to the national labor relations Act (a) Section 7 of the National Labor Relations Act (the Act ) ( 29 U.S.C. 157 ) is amended by striking except to and all that follows through authorized in section 8(a)(3) . (b) Section 8(a) of the Act ( 29 U.S.C. 158(a) ) is amended by striking : Provided, That and all that follows through retaining membership in paragraph (3). (c) Section 8(b) of the Act ( 29 U.S.C. 158(b) ) is amended by striking or to discriminate and all that follows through retaining membership in paragraph (2) and by striking covered by an agreement authorized under subsection (a)(3) of this section in paragraph (5). (d) Section 8(f) of the Act ( 29 U.S.C. 158(f) ) is amended by striking clause (2) and by redesignating clauses (3) and (4) as (2) and (3), respectively. 3. Amendment to the Railway Labor Act Section 2 of the Railway Labor Act ( 45 U.S.C. 152 ) is amended by striking paragraph Eleventh.

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113-hr-947

I 113th CONGRESS 1st Session H. R. 947 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Schock (for himself and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to expand the availability of the cash method of accounting for small businesses, and for other purposes. 1. Short title This Act may be cited as the Small Business Accounting and Tax Simplification Act . 2. Clarification of cash accounting rules for small business (a) Cash accounting permitted (1) In general Section 446 of the Internal Revenue Code of 1986 (relating to general rule for methods of accounting) is amended by adding at the end the following new subsection: (g) Certain small business taxpayers permitted To use cash accounting method without limitation (1) In general An eligible taxpayer shall not be required to use an accrual method of accounting for any taxable year. (2) Eligible taxpayer For purposes of this subsection, a taxpayer is an eligible taxpayer with respect to any taxable year if— (A) for all prior taxable years beginning after December 31, 2012, the taxpayer (or any predecessor) met the gross receipts test of section 448(c), and (B) the taxpayer is not subject to section 447 or 448. . (2) Expansion of gross receipts test (A) In general Paragraph (3) of section 448(b) of such Code (relating to entities with gross receipts of not more than $5,000,000) is amended by striking $5,000,000 in the text and in the heading and inserting $10,000,000 . (B) Conforming amendments Section 448(c) of such Code is amended— (i) by striking $5,000,000 each place it appears in the text and in the heading of paragraph (1) and inserting $10,000,000 , and (ii) by adding at the end the following new paragraph: (4) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2013, the dollar amount contained in subsection (b)(3) and paragraph (1) of this subsection shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. If any amount as adjusted under this subparagraph is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000. . (b) Clarification of inventory rules for small business (1) In general Section 471 of the Internal Revenue Code of 1986 (relating to general rule for inventories) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: (c) Small business taxpayers not required To use inventories (1) In general A qualified taxpayer shall not be required to use inventories under this section for a taxable year. (2) Treatment of taxpayers not using inventories If a qualified taxpayer does not use inventories with respect to any property for any taxable year beginning after December 31, 2012, such property shall be treated as a material or supply which is not incidental. (3) Qualified taxpayer For purposes of this subsection, the term qualified taxpayer means— (A) any eligible taxpayer (as defined in section 446(g)(2)), and (B) any taxpayer described in section 448(b)(3). . (2) Conforming amendments (A) Subpart D of part II of subchapter E of chapter 1 of such Code is amended by striking section 474. (B) The table of sections for subpart D of part II of subchapter E of chapter 1 of such Code is amended by striking the item relating to section 474. (c) Effective date and special rules (1) In general The amendments made by this section shall apply to taxable years beginning after December 31, 2012. (2) Change in method of accounting In the case of any taxpayer changing the taxpayer’s method of accounting for any taxable year under the amendments made by this section— (A) such change shall be treated as initiated by the taxpayer; (B) such change shall be treated as made with the consent of the Secretary of the Treasury; and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period (not greater than 4 taxable years) beginning with such taxable year.

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113-hr-948

I 113th CONGRESS 1st Session H. R. 948 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Reed (for himself, Mr. Doggett , Mr. Reichert , Mr. Lewis , Mr. Boustany , Mr. Young of Indiana , Mr. Griffin of Arkansas , Mr. Renacci , Mr. Danny K. Davis of Illinois , Mr. Tiberi , and Mr. Paulsen ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish consistent requirements for the electronic content and format of data used in the administration of certain human services programs under the Social Security Act. 1. Short title This Act may be cited as the Standard Data and Technology Advancement Act of 2013 or the Standard DATA Act of 2013 . 2. Data standardization for improved data matching (a) In general Part A of title XI of the Social Security Act (42 U.S.C. 1301—1320b–5) is amended by inserting after section 1121 the following: 1121A. Data exchange standardization for improved interoperability (a) Data exchange standards (1) Designation The head of the department or agency responsible for administering a provision of title III, IV, IX, XII, XVI, or subtitle A of title XX, or section 511, shall, in consultation with an interagency work group established by the Office of Management and Budget and considering State perspectives, by rule, designate data exchange standards for necessary categories of information required to be reported under the provision of law. (2) Data exchange standards must be nonproprietary and interoperable The data exchange standards designated under paragraph (1) shall, to the extent practicable, be nonproprietary and interoperable. (3) Other requirements In designating data exchange standards under this subsection, the Secretary shall, to the extent practicable, incorporate— (A) interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget; (B) interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and (C) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance. (b) Data exchange reporting standards (1) Designation The head of the department or agency responsible for administering a provision of law referred to in subsection (a)(1) shall, in consultation with an interagency work group established by the Office of Management and Budget, and considering State government perspectives, by rule, designate data exchange reporting standards to govern the reporting required under the provision of law. (2) Requirements The data exchange reporting standards required by paragraph (1) shall, to the extent practicable— (A) incorporate a widely accepted, non-proprietary, searchable, computer-readable format; (B) be consistent with and implement applicable accounting principles; and (C) be capable of being continually upgraded as necessary. (3) Incorporation of nonproprietary standards In designating data exchange reporting standards under this subsection, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Markup Language. . (b) Effective date The head of each department or agency responsible for administering a proposed rule under section 1121A of the Social Security Act shall issue a final rule under such section, after public comment, within 24 months after the date of the enactment of this section. The rule shall also contain details and future milestones for stakeholder implementation. (c) Conforming repeals and amendment (1) Conforming repeals Section 105 of the Child and Family Services Improvement and Innovation Act ( Public Law 112–34 ), sections 2104 and 4003 of the Middle Class Tax Relief and Job Creation Act of 2012 ( Public Law 112–96 ), and subpart 3 of part B of title IV, and section 911, of the Social Security Act are each repealed. (2) Conforming amendment Section 411 of the Social Security Act ( 42 U.S.C. 611 ) is amended by striking subsection (d).

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113-hr-949

I 113th CONGRESS 1st Session H. R. 949 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Rahall (for himself, Mr. DeFazio , Ms. Norton , Mr. Nadler , Ms. Brown of Florida , Ms. Eddie Bernice Johnson of Texas , Mr. Cummings , Mr. Larsen of Washington , Mr. Capuano , Mr. Bishop of New York , Mr. Michaud , Mrs. Napolitano , Mr. Lipinski , Mr. Walz , Mr. Cohen , Mr. Sires , Ms. Edwards , Mr. Garamendi , Mr. Carson of Indiana , Mr. Nolan , Mrs. Kirkpatrick , Mr. Sean Patrick Maloney of New York , Ms. Esty , Mrs. Bustos , Mr. Loebsack , Ms. Slaughter , Mr. Higgins , Mr. Peters of Michigan , Mr. Visclosky , and Mr. Cicilline ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure that transportation and infrastructure projects carried out using Federal financial assistance are constructed with steel, iron, and manufactured goods that are produced in the United States, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Invest in American Jobs Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Department of Transportation Sec. 101. Federal-aid highway Buy America provisions. Sec. 102. Public transportation Buy America provisions. Sec. 103. Rail grant Buy America provisions. Sec. 104. Rail loan and loan guarantee Buy America provisions. Sec. 105. Amtrak Buy America provisions. Sec. 106. Aviation Buy America provisions. Sec. 107. Department of Transportation Buy America annual report. Title II—Other infrastructure investment Sec. 201. Wastewater treatment Buy America provisions. Sec. 202. Economic development Buy America provisions. Sec. 203. FEMA mitigation grant Buy America provisions. Sec. 204. Bridges over navigable waters Buy America provisions. Sec. 205. Registry endorsement requirement in the Exclusive Economic Zone. I Department of Transportation 101. Federal-aid highway Buy America provisions (a) In general Section 313 of title 23, United States Code, is amended to read as follows: 313. Buy America (a) Domestic source requirement for steel, iron, and manufactured goods (1) In general Notwithstanding any other provision of law, funds made available to carry out this title may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (2) Scope The requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), regardless of the funding source of such contracts, if at least one contract for the project is funded with amounts made available to carry out this title. (b) Exceptions (1) Issuance of waivers The Secretary may waive the requirements of subsection (a) only if the Secretary finds that— (A) applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2); (B) the steel, iron, or manufactured goods required for a project are not produced in the United States— (i) in sufficient and reasonably available quantities; or (ii) to a satisfactory quality; or (C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (2) Regulations Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2013, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A). (3) Labor costs For purposes of this subsection, labor costs involved in final assembly shall not be included in calculating the cost of components. (4) Requests for waivers A recipient of assistance under this title seeking a waiver under paragraph (1) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (c) Waiver requirements (1) Public notification of and opportunity for comment on request for a waiver (A) In general If the Secretary receives a request for a waiver under subsection (b), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (B) Notice requirements A notice provided under subparagraph (A) shall— (i) include the information available to the Secretary concerning the request, including whether the request is being made under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(C); and (ii) be provided by electronic means, including on the official public Internet Web site of the Department of Transportation. (2) Detailed justification in Federal Register If the Secretary issues a waiver under subsection (b), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (A) addresses the public comments received under paragraph (1)(A); and (B) is published before the waiver takes effect. (d) State requirements The Secretary may not impose a limitation or condition on assistance provided under this title that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of such assistance from complying with such State requirements. (e) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out this title if the Secretary, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally— (1) affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that— (A) were used in a project to which this section applies; and (B) were not produced in the United States; or (2) represented that any steel, iron, or manufactured goods were produced in the United States that— (A) were used in a project to which this section applies; and (B) were not produced in the United States. (f) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out this title, including any project for which the Secretary has issued a waiver under subsection (b), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . (b) Review of nationwide waivers (1) In general Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review each standing nationwide waiver issued under section 313 of title 23, United States Code, to determine whether continuing such waiver is necessary. (2) Public notification of and opportunity for comment on review of standing nationwide waivers In conducting a review under paragraph (1), the Secretary shall provide notice of and an opportunity for public comment on the review at least 30 days before completing the review. (3) Notice requirement A notice provided under paragraph (2) shall be provided by electronic means, including on the official public Internet Web site of the Department of Transportation. (4) Detailed justification in Federal Register If the Secretary finds it is necessary to continue a standing nationwide waiver after a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for such waiver that addresses the public comments received under paragraph (2). (c) Repeals (1) Waiver notification and annual reports Section 117 of the SAFETEA–LU Technical Corrections Act of 2008 ( 23 U.S.C. 313 note) is repealed. (2) Notice and public comments Section 123 of title I of division A of the Consolidated Appropriations Act, 2010 (23 U.S.C. 313 note) is repealed. 102. Public transportation Buy America provisions (a) In general Section 5323(j) of title 49, United States Code, is amended to read as follows: (j) Buy America (1) Domestic source requirement for steel, iron, and manufactured goods (A) In general Notwithstanding any other provision of law, and except as provided in subparagraph (B), funds made available to carry out this chapter may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (B) Special rules for rolling stock Funds made available to carry out this chapter may not be obligated for the procurement of rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) unless— (i) the cost of components and subcomponents produced in the United States— (I) for fiscal year 2013 is more than 60 percent of the cost of all components of the rolling stock; (II) for fiscal year 2014 is more than 70 percent of the cost of all components of the rolling stock; (III) for fiscal year 2015 is more than 80 percent of the cost of all components of the rolling stock; (IV) for fiscal year 2016 is more than 90 percent of the cost of all components of the rolling stock; and (V) for fiscal year 2017, and each fiscal year thereafter, is 100 percent of the cost of all components of the rolling stock; and (ii) final assembly of the rolling stock, including rolling stock prototypes, occurs in the United States. (C) Scope The requirements of this subsection apply to all contracts for a public transportation project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), regardless of the funding source of such contracts, if at least one contract for the public transportation project is funded with amounts made available to carry out this chapter. (2) Exceptions (A) Issuance of waivers The Secretary may waive the requirements of paragraph (1) only if the Secretary finds that— (i) applying paragraph (1) would be inconsistent with the public interest, as determined in accordance with the regulations required under subparagraph (B); (ii) the steel, iron, or manufactured goods required for a project are not produced in the United States— (I) in sufficient and reasonably available quantities; or (II) to a satisfactory quality; or (iii) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (B) Regulations Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2013, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of paragraph (1) is inconsistent with the public interest for purposes of subparagraph (A)(i). (C) Components of rolling stock If the Secretary finds that a component of rolling stock is not produced in the United States in sufficient and reasonably available quantities or to a satisfactory quality, the Secretary may issue a waiver under subparagraph (A) with respect to such component. (D) Labor costs For purposes of this subsection, labor costs involved in final assembly shall not be included in calculating the cost of components. (E) Requests for waivers A recipient of assistance under this chapter seeking a waiver under subparagraph (A) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (3) Waiver requirements (A) Public notification of and opportunity for comment on request for a waiver (i) In general If the Secretary receives a request for a waiver under paragraph (2), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (ii) Notice requirements A notice provided under clause (i) shall— (I) include the information available to the Secretary concerning the request, including whether the request is being made under paragraph (2)(A)(i), (2)(A)(ii), or (2)(A)(iii); and (II) be provided by electronic means, including on the official public Internet Web site of the Department of Transportation. (B) Detailed justification in Federal Register If the Secretary issues a waiver under paragraph (2), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (i) addresses the public comments received under subparagraph (A)(i); and (ii) is published before the waiver takes effect. (4) State requirements The Secretary may not impose a limitation or condition on assistance provided under this chapter that restricts— (A) a State from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (B) any recipient of such assistance from complying with such State requirements. (5) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out this chapter or any other law providing Federal public transportation assistance if the Secretary, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally— (A) affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that— (i) were used in a project to which this subsection applies; and (ii) were not produced in the United States; or (B) represented that any steel, iron, or manufactured goods were produced in the United States that— (i) were used in a project to which this subsection applies; and (ii) were not produced in the United States. (6) Consistency with international agreements (A) In general This subsection shall be applied in a manner that is consistent with United States obligations under international agreements. (B) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out this chapter or any other law providing Federal public transportation assistance, including any project for which the Secretary has issued a waiver under paragraph (2), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. (7) Opportunity to correct inadvertent error The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening an incomplete Buy America certificate or an incorrect certificate of noncompliance (but not a failure to sign a certificate, a submission of both a certificate of compliance and a certificate of noncompliance, or a failure to submit any certificate) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incomplete or incorrect certificate as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier. . (b) Review of general public interest waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review the general public interest waivers described in subsection (b) of Appendix A of section 661.7 of title 49, Code of Federal Regulations, to determine whether continuing such waivers is in the public interest. 103. Rail grant Buy America provisions (a) In general Section 24405(a) of title 49, United States Code, is amended to read as follows: (a) Buy America (1) Domestic source requirement for steel, iron, and manufactured goods (A) In general Notwithstanding any other provision of law, funds made available to carry out this chapter, chapter 223, chapter 261, or section 20154 or 24105 may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (B) Scope The requirements of this subsection apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), regardless of the funding source of such contracts, if at least one contract for the project is funded with amounts made available to carry out a provision specified in subparagraph (A). (2) Exceptions (A) Issuance of waivers The Secretary of Transportation may waive the requirements of paragraph (1) only if the Secretary finds that— (i) applying paragraph (1) would be inconsistent with the public interest, as determined in accordance with the regulations required under subparagraph (B); (ii) the steel, iron, or manufactured goods required for a project are not produced in the United States— (I) in sufficient and reasonably available quantities; or (II) to a satisfactory quality; or (iii) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (B) Regulations Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2013, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of paragraph (1) is inconsistent with the public interest for purposes of subparagraph (A)(i). (C) Labor costs For purposes of this paragraph, labor costs involved in final assembly shall not be included in calculating the cost of components. (D) Requests for waivers A recipient of assistance under this chapter, chapter 223, chapter 261, or section 20154 or 24105 seeking a waiver under subparagraph (A) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (3) Waiver requirements (A) Public notification of and opportunity for comment on request for a waiver (i) In general If the Secretary receives a request for a waiver under paragraph (2), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (ii) Notice requirements A notice provided under clause (i) shall— (I) include the information available to the Secretary concerning the request, including whether the request is being made under paragraph (2)(A)(i), (2)(A)(ii), or (2)(A)(iii); and (II) be provided by electronic means, including on the official public Internet Web site of the Department of Transportation. (B) Detailed justification in Federal Register If the Secretary issues a waiver under paragraph (2), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (i) addresses the public comments received under subparagraph (A)(i); and (ii) is published before the waiver takes effect. (4) State requirements The Secretary may not impose a limitation or condition on assistance provided under this chapter, chapter 223, chapter 261, or section 20154 or 24105 that restricts— (A) a State from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (B) any recipient of such assistance from complying with such State requirements. (5) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out this chapter, chapter 223, chapter 261, or section 20154 or 24105 if the Secretary, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally— (A) affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that— (i) were used in a project to which this subsection applies; and (ii) were not produced in the United States; or (B) represented that any steel, iron, or manufactured goods were produced in the United States that— (i) were used in a project to which this subsection applies; and (ii) were not produced in the United States. (6) Consistency with international agreements (A) In general This subsection shall be applied in a manner that is consistent with United States obligations under international agreements. (B) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out this chapter, chapter 223, chapter 261, or section 20154 or 24105, including any project for which the Secretary has issued a waiver under paragraph (2), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. (7) Opportunity to correct inadvertent error The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening an incomplete Buy America certificate or an incorrect certificate of noncompliance (but not a failure to sign a certificate, a submission of both a certificate of compliance and a certificate of noncompliance, or a failure to submit any certificate) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incomplete or incorrect certificate as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier. . (b) Review of nationwide waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review each standing nationwide waiver issued under section 24405(a) of title 49, United States Code, to determine whether continuing such waiver is necessary. 104. Rail loan and loan guarantee Buy America provisions Section 502(h)(3) of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822(h)(3) ) is amended— (1) by striking and at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; and ; and (3) by adding at the end the following: (C) the requirements of section 24405(a) of title 49, United States Code. . 105. Amtrak Buy America provisions (a) In general Section 24305(f) of title 49, United States Code, is amended to read as follows: (f) Buy America (1) Domestic source requirement for steel, iron, and manufactured goods (A) In general Notwithstanding any other provision of law, funds made available to Amtrak under section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 (122 Stat. 4908) may not be used for a capital project (as defined in subparagraphs (A) and (B) of section 24401(2)) to bring the Northeast Corridor to a state-of-good-repair or for any other capital expense of Amtrak unless the steel, iron, and manufactured goods used for the project or other capital expense are produced in the United States. (B) Scope The requirements of this subsection apply to all contracts for a project or other capital expense carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), regardless of the funding source of such contracts, if at least one contract with respect to the project or other capital expense is funded with amounts made available under section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 (122 Stat. 4908). (C) United States defined In this subsection, the term United States means the States, territories, and possessions of the United States and the District of Columbia. (2) Exceptions (A) Issuance of waivers The Secretary of Transportation may waive the requirements of paragraph (1) only if the Secretary finds that— (i) applying paragraph (1) would be inconsistent with the public interest, as determined in accordance with the regulations required under subparagraph (B); (ii) the steel, iron, or manufactured goods required for a project or other capital expense are not produced in the United States— (I) in sufficient and reasonably available quantities; or (II) to a satisfactory quality; or (iii) the use of steel, iron, and manufactured goods produced in the United States for a project or other capital expense will increase the total cost of the project or expense by more than 25 percent. (B) Regulations Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2013, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of paragraph (1) is inconsistent with the public interest for purposes of subparagraph (A)(i). (C) Labor costs For purposes of this paragraph, labor costs involved in final assembly shall not be included in calculating the cost of components. (D) Requests for waivers If Amtrak seeks a waiver under subparagraph (A), Amtrak shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (3) Waiver requirements (A) Public notification of and opportunity for comment on request for a waiver (i) In general If the Secretary receives a request for a waiver from Amtrak under paragraph (2), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (ii) Notice requirements A notice provided under clause (i) shall— (I) include the information available to the Secretary concerning the request, including whether the request is being made under paragraph (2)(A)(i), (2)(A)(ii), or (2)(A)(iii); and (II) be provided by electronic means, including on the official public Internet Web site of the Department of Transportation. (B) Detailed justification in Federal Register If the Secretary issues a waiver under paragraph (2), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (i) addresses the public comments received under subparagraph (A)(i); and (ii) is published before the waiver takes effect. (4) State requirements The Secretary may not impose a limitation or condition on assistance provided with funds described in paragraph (1)(A) that restricts— (A) a State from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for capital projects or other capital expenses carried out with such assistance; or (B) any recipient of such assistance from complying with such State requirements. (5) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with funds described in paragraph (1)(A) if the Secretary, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally— (A) affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that— (i) were used in a capital project or other capital expense to which this subsection applies; and (ii) were not produced in the United States; or (B) represented that any steel, iron, or manufactured goods were produced in the United States that— (i) were used in a capital project or other capital expense to which this subsection applies; and (ii) were not produced in the United States. (6) Consistency with international agreements (A) In general This subsection shall be applied in a manner that is consistent with United States obligations under international agreements. (B) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a capital project or other capital expense funded with funds described in paragraph (1)(A), including any project or capital expense for which the Secretary has issued a waiver under paragraph (2), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . (b) Review of nationwide waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review each standing nationwide waiver issued under section 24305(f) of title 49, United States Code, to determine whether continuing such waiver is necessary. 106. Aviation Buy America provisions (a) Buy-American preferences Chapter 501 of title 49, United States Code, is amended by striking the chapter heading and inserting Buy America . (b) Enhancements To buy America requirements Section 50101 of such title is amended to read as follows: 50101. Buy America (a) Domestic source requirement for steel, iron, and manufactured goods (1) In general Notwithstanding any other provision of law, and except as provided in paragraph (2), funds made available to carry out section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (2) Special rules for certain facilities and equipment With respect to a project for the procurement of a facility or equipment, funds made available to carry out the provisions specified in paragraph (1) may not be obligated for the project unless— (A) the cost of components and subcomponents produced in the United States— (i) for fiscal year 2013 is more than 60 percent of the cost of all components of the facility or equipment; (ii) for fiscal year 2014 is more than 70 percent of the cost of all components of the facility or equipment; (iii) for fiscal year 2015 is more than 80 percent of the cost of all components of the facility or equipment; (iv) for fiscal year 2016 is more than 90 percent of the cost of all components of the facility or equipment; and (v) for fiscal year 2017, and each fiscal year thereafter, is 100 percent of the cost of all components of the facility or equipment; and (B) final assembly of the facility or equipment occurs in the United States. (3) Scope The requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), regardless of the funding source of such contracts, if at least one contract for the project is funded with amounts made available to carry out a provision specified in paragraph (1). (b) Exceptions (1) Issuance of waivers The Secretary of Transportation may waive the requirements of subsection (a) only if the Secretary finds that— (A) applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2); (B) the steel, iron, or manufactured goods required for a project are not produced in the United States— (i) in sufficient and reasonably available quantities; or (ii) to a satisfactory quality; or (C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (2) Regulations Not later than 1 year after the date of enactment of the Invest in American Jobs Act of 2013, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A). (3) Labor costs For purposes of this section, labor costs involved in final assembly are not included in calculating the cost of components. (4) Requests for waivers An entity seeking a waiver under paragraph (1) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (5) Preference for American-assembled facilities and equipment In the procurement of a facility or equipment subject to a waiver issued under paragraph (1), the Secretary shall give preference to a facility or equipment for which final assembly occurred in the United States. (6) Limitation on waiver authority In the procurement of a facility or equipment, if the Secretary finds that a component of the facility or equipment is not produced in the United States in sufficient and reasonably available quantities or to a satisfactory quality, the Secretary may issue a waiver under paragraph (1) with respect to such component. (c) Waiver requirements (1) Public notification of and opportunity for comment on request for a waiver (A) In general If the Secretary receives a request for a waiver under subsection (b), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (B) Notice requirements A notice provided under subparagraph (A) shall— (i) include the information available to the Secretary concerning the request, including whether the request is being made under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(C); and (ii) be provided by electronic means, including on the official public Internet Web site of the Department of Transportation. (2) Detailed justification in Federal Register If the Secretary issues a waiver under subsection (b), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (A) addresses the public comments received under paragraph (1)(A); and (B) is published before the waiver takes effect. (d) State requirements The Secretary may not impose a limitation or condition on assistance provided with funds made available to carry out a provision specified in subsection (a)(1) that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of such assistance from complying with such State requirements. (e) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with funds made available to carry out a provision specified in subsection (a)(1), including any project for which the Secretary has issued a waiver under subsection (b), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . (c) Clerical amendments (1) Subtitle analysis The analysis for subtitle VII of title 49, United States Code, is amended by striking the item relating to chapter 501 and inserting the following: 501. Buy America 50101 . (2) Chapter analysis The analysis for chapter 501 of title 49, United States Code, is amended by striking the item relating to section 50101 and inserting the following: 50101. Buy America. . (d) Prohibition on contracting upon falsification of label Section 50105 of such title is amended by inserting steel, iron, or manufactured before goods . (e) Review of nationwide waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review each standing nationwide waiver issued under section 50101 of title 49, United States Code, to determine whether continuing such waiver is necessary. 107. Department of Transportation Buy America annual report Section 308 of title 49, United States Code, is amended by adding at the end the following: (f) Buy America Not later than February 1 of each year beginning after the date of enactment of this subsection, the Secretary shall submit to Congress a report that— (1) specifies each project with respect to which the Secretary issued a waiver from a Buy America requirement during the preceding calendar year; (2) identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver from a Buy America requirement issued by the Secretary during the preceding calendar year; (3) summarizes the monetary value of contracts awarded pursuant to each such waiver; (4) provides the justification for each such waiver, including the specific law, treaty, or international agreement under which the waiver was granted; (5) summarizes the funds expended on— (A) steel, iron, and manufactured goods produced in the United States for projects with respect to which a Buy America requirement, under which the Secretary has waiver authority, applied during the preceding calendar year; and (B) steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Secretary issued a waiver from a Buy America requirement during the preceding calendar year; and (6) provides an employment impact analysis of the cumulative effect of all waivers from a Buy America requirement issued by the Secretary during the preceding calendar year on manufacturing employment in the United States. . II Other infrastructure investment 201. Wastewater treatment Buy America provisions (a) In general Title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 et seq. ) is amended by adding at the end the following: 608. Buy America (a) Domestic source requirement for steel, iron, and manufactured goods (1) In general Notwithstanding any other provision of law, funds made available from a State water pollution control revolving fund established under this title may not be used, in whole or in part, for a project for the construction of treatment works unless the steel, iron, and manufactured goods used for the project are produced in the United States. (2) Scope The requirements of this section apply to all contracts for the construction of treatment works carried out within the scope of the applicable finding, determination, or decision under section 511(c)(1), regardless of the funding source of such contracts, if at least one contract for the construction is funded with amounts made available to carry out this title. (b) Exceptions (1) Issuance of waivers The Administrator may waive the requirements of subsection (a) only if the Administrator finds that— (A) applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2); (B) the steel, iron, or manufactured goods required for a project are not produced in the United States— (i) in sufficient and reasonably available quantities; or (ii) to a satisfactory quality; or (C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (2) Regulations Not later than 1 year after the date of enactment of this section, the Administrator shall issue regulations establishing the criteria that the Administrator shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A). (3) Requests for waivers A recipient of assistance under this title seeking a waiver under paragraph (1) shall submit to the Administrator a request for the waiver in such form and containing such information as the Administrator may require. (c) Waiver requirements (1) Public notification of and opportunity for comment on request for a waiver (A) In general If the Administrator receives a request for a waiver under subsection (b), the Administrator shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (B) Notice requirements A notice provided under subparagraph (A) shall— (i) include the information available to the Administrator concerning the request, including whether the request is being made under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(C); and (ii) be provided by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (2) Detailed justification in Federal Register If the Administrator issues a waiver under subsection (b), the Administrator shall publish in the Federal Register a detailed justification for the waiver that— (A) addresses the public comments received under paragraph (1)(A); and (B) is published before the waiver takes effect. (3) Annual report Not later than February 1 of each year beginning after the date of enactment of this section, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that— (A) specifies each project with respect to which the Administrator issued a waiver under subsection (b) during the preceding calendar year; (B) identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subsection (b) issued by the Administrator during the preceding calendar year; (C) summarizes the monetary value of contracts awarded pursuant to each such waiver; (D) provides the justification for each such waiver, including the specific law, treaty, or international agreement under which the waiver was granted; (E) summarizes the funds expended on— (i) steel, iron, and manufactured goods produced in the United States for projects with respect to which the Buy America requirement under this section applied during the preceding calendar year; and (ii) steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Administrator issued a waiver under subsection (b) during the preceding calendar year; and (F) provides an employment impact analysis of the cumulative effect of all waivers under subsection (b) issued by the Administrator during the preceding calendar year on manufacturing employment in the United States. (d) State requirements The Administrator may not impose a limitation or condition on assistance provided under this title that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of such assistance from complying with such State requirements. (e) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available from a State water pollution control revolving fund established under this title if the Administrator, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally— (1) affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that— (A) were used in a project to which this section applies; and (B) were not produced in the United States; or (2) represented that any steel, iron, or manufactured goods were produced in the United States that— (A) were used in a project to which this section applies; and (B) were not produced in the United States. (f) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The Administrator shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available from a State water pollution control revolving fund established under this title, including any project for which the Administrator has issued a waiver under subsection (b), if the Administrator, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . (b) Review of nationwide waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Administrator of the Environmental Protection Agency shall review each standing nationwide waiver issued under section 608 of the Federal Water Pollution Control Act (as added by this section) to determine whether continuing such waiver is necessary. 202. Economic development Buy America provisions (a) In general Title VI of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3211 et seq. ) is amended by adding at the end the following: 613. Buy America (a) Domestic source requirement for steel, iron, and manufactured goods (1) In general Notwithstanding any other provision of law, funds made available to carry out section 201 or 209 may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (2) Scope The requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) regardless of the funding source of such contracts, if at least one contract for the project is funded with amounts made available to carry out section 201 or 209. (b) Exceptions (1) Issuance of waivers The Secretary may waive the requirements of subsection (a) only if the Secretary finds that— (A) applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2); (B) the steel, iron, or manufactured goods required for a project are not produced in the United States— (i) in sufficient and reasonably available quantities; or (ii) to a satisfactory quality; or (C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (2) Regulations Not later than 1 year after the date of enactment of this section, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A). (3) Requests for waivers A recipient of assistance under section 201 or 209 seeking a waiver under paragraph (1) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (c) Waiver requirements (1) Public notification of and opportunity for comment on request for a waiver (A) In general If the Secretary receives a request for a waiver under subsection (b), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (B) Notice requirements A notice provided under subparagraph (A) shall— (i) include the information available to the Secretary concerning the request, including whether the request is being made under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(C); and (ii) be provided by electronic means, including on the official public Internet Web site of the Department. (2) Detailed justification in Federal Register If the Secretary issues a waiver under subsection (b), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (A) addresses the public comments received under paragraph (1)(A); and (B) is published before the waiver takes effect. (3) Annual report Not later than February 1 of each year beginning after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that— (A) specifies each project with respect to which the Secretary issued a waiver under subsection (b) during the preceding calendar year; (B) identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subsection (b) issued by the Secretary during the preceding calendar year; (C) summarizes the monetary value of contracts awarded pursuant to each such waiver; (D) provides the justification for each such waiver, including the specific law, treaty, or international agreement under which the waiver was granted; (E) summarizes the funds expended on— (i) steel, iron, and manufactured goods produced in the United States for projects with respect to which the Buy America requirement under this section applied during the preceding calendar year; and (ii) steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Secretary issued a waiver under subsection (b) during the preceding calendar year; and (F) provides an employment impact analysis of the cumulative effect of all waivers under subsection (b) issued by the Secretary during the preceding calendar year on manufacturing employment in the United States. (d) State requirements The Secretary may not impose a limitation or condition on assistance provided under section 201 or 209 that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of such assistance from complying with such State requirements. (e) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out section 201 or 209 if the Secretary, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally— (1) affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that— (A) were used in a project to which this section applies; and (B) were not produced in the United States; or (2) represented that any steel, iron, or manufactured goods were produced in the United States that— (A) were used in a project to which this section applies; and (B) were not produced in the United States. (f) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out section 201 or 209, including any project for which the Secretary has issued a waiver under subsection (b), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . (b) Clerical amendment The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 is amended by inserting after the item relating to section 612 the following: 613. Buy America. . (c) Review of nationwide waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of Commerce shall review each standing nationwide waiver issued under section 613 of the Public Works and Economic Development Act of 1965 (as added by this section) to determine whether continuing such waiver is necessary. 203. FEMA mitigation grant Buy America provisions (a) In general Title VII of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201 et seq.) is amended by adding at the end the following: 707. Buy America (a) Domestic source requirement for steel, iron, and manufactured goods (1) In general Notwithstanding any other provision of law, funds made available to carry out section 203, 404, 406, 417, or 614 may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (2) Scope The requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) regardless of the funding source of such contracts, if at least one contract for the project is funded with amounts made available to carry out a section specified in paragraph (1). (b) Exceptions (1) Issuance of waivers The President may waive the requirements of subsection (a) only if the President finds that— (A) applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2); (B) the steel, iron, or manufactured goods required for a project are not produced in the United States— (i) in sufficient and reasonably available quantities; or (ii) to a satisfactory quality; or (C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (2) Regulations Not later than 1 year after the date of enactment of this section, the President shall issue regulations establishing the criteria that the President shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A). (3) Requests for waivers A recipient of assistance under a section specified in subsection (a)(1) seeking a waiver under paragraph (1) shall submit to the President a request for the waiver in such form and containing such information as the President may require. (c) Waiver requirements (1) Public notification of and opportunity for comment on request for a waiver (A) In general If the President receives a request for a waiver under subsection (b), the President shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (B) Notice requirements A notice provided under subparagraph (A) shall— (i) include the information available to the President concerning the request, including whether the request is being made under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(C); and (ii) be provided by electronic means, including on the official public Internet Web site of the President. (2) Detailed justification in federal register If the President issues a waiver under subsection (b), the President shall publish in the Federal Register a detailed justification for the waiver that— (A) addresses the public comments received under paragraph (1)(A); and (B) is published before the waiver takes effect. (3) Annual report Not later than February 1 of each year beginning after the date of enactment of this section, the President, acting through the Administrator of the Federal Emergency Management Agency, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that— (A) specifies each project with respect to which the President issued a waiver under subsection (b) during the preceding calendar year; (B) identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subsection (b) issued by the President during the preceding calendar year; (C) summarizes the monetary value of contracts awarded pursuant to each such waiver; (D) provides the justification for each such waiver, including the specific law, treaty, or international agreement under which the waiver was granted; (E) summarizes the funds expended on— (i) steel, iron, and manufactured goods produced in the United States for projects with respect to which the Buy America requirement under this section applied during the preceding calendar year; and (ii) steel, iron, and manufactured goods produced outside the United States for projects with respect to which the President issued a waiver under subsection (b) during the preceding calendar year; and (F) provides an employment impact analysis of the cumulative effect of all waivers under subsection (b) issued by the President during the preceding calendar year on manufacturing employment in the United States. (d) State requirements The President may not impose a limitation or condition on assistance provided under a section specified in subsection (a)(1) that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of such assistance from complying with such State requirements. (e) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available to carry out a section specified in subsection (a)(1) if the President, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally— (1) affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that— (A) were used in a project to which this section applies; and (B) were not produced in the United States; or (2) represented that any steel, iron, or manufactured goods were produced in the United States that— (A) were used in a project to which this section applies; and (B) were not produced in the United States. (f) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The President shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out a section specified in subsection (a)(1), including any project for which the President has issued a waiver under subsection (b), if the President, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. (g) Emergency waiver Notwithstanding any other provision of this section, the President may waive the applicability of this section, in whole or in part, in an emergency. . (b) Review of nationwide waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the President shall review each standing nationwide waiver issued under section 707 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as added by this section) to determine whether continuing such waiver is necessary. (c) Repeal of Buy America requirements Section 306 of the Disaster Mitigation Act of 2000 ( 42 U.S.C. 5206 ) is repealed. 204. Bridges over navigable waters Buy America provisions (a) In general The Act of June 21, 1940 ( 33 U.S.C. 511 et seq. ; popularly known as the Truman-Hobbs Act) is amended by adding at the end the following: 14. Buy America (a) Domestic source requirement for steel, iron, and manufactured goods (1) In general Notwithstanding any other provision of law, funds made available to carry out this Act may not be used, in whole or in part, for a project for the alteration of a bridge unless the steel, iron, and manufactured goods used for the project are produced in the United States. (2) Scope The requirements of this section apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), regardless of the funding source of such contracts, if at least one contract for the project is funded with amounts made available to carry out this Act. (b) Exceptions (1) Issuance of waivers The Secretary may waive the requirements of subsection (a) only if the Secretary finds that— (A) applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations required under paragraph (2); (B) the steel, iron, or manufactured goods required for a project are not produced in the United States— (i) in sufficient and reasonably available quantities; or (ii) to a satisfactory quality; or (C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the total cost of the project by more than 25 percent. (2) Regulations Not later than 1 year after the date of enactment of this section, the Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A). (3) Requests for waivers A recipient of assistance under this Act seeking a waiver under paragraph (1) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (c) Waiver requirements (1) Public notification of and opportunity for comment on request for a waiver (A) In general If the Secretary receives a request for a waiver under subsection (b), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (B) Notice requirements A notice provided under subparagraph (A) shall— (i) include the information available to the Secretary concerning the request, including whether the request is being made under subsection (b)(1)(A), (b)(1)(B), or (b)(1)(C); and (ii) be provided by electronic means, including on the official public Internet Web site of the department in which the Coast Guard is operating. (2) Detailed justification in Federal register If the Secretary issues a waiver under subsection (b), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (A) addresses the public comments received under paragraph (1)(A); and (B) is published before the waiver takes effect. (3) Annual report Not later than February 1 of each year beginning after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that— (A) specifies each project with respect to which the Secretary issued a waiver under subsection (b) during the preceding calendar year; (B) identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver under subsection (b) issued by the Secretary during the preceding calendar year; (C) summarizes the monetary value of contracts awarded pursuant to each such waiver; (D) provides the justification for each such waiver, including the specific law, treaty, or international agreement under which the waiver was granted; (E) summarizes the funds expended on— (i) steel, iron, and manufactured goods produced in the United States for projects with respect to which the Buy America requirement under this section applied during the preceding calendar year; and (ii) steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Secretary issued a waiver under subsection (b) during the preceding calendar year; and (F) provides an employment impact analysis of the cumulative effect of all waivers under subsection (b) issued by the Secretary during the preceding calendar year on manufacturing employment in the United States. (d) State requirements The Secretary may not impose a limitation or condition on assistance provided under this Act that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of such assistance from complying with such State requirements. (e) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, a person shall be ineligible to receive a contract or subcontract funded with amounts made available under this Act if the Secretary, the head of any department, agency, or instrumentality of the United States, or a court determines that such person intentionally— (1) affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any steel, iron, or manufactured goods that— (A) were used in a project to which this section applies; and (B) were not produced in the United States; or (2) represented that any steel, iron, or manufactured goods were produced in the United States that— (A) were used in a project to which this section applies; and (B) were not produced in the United States. (f) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available under this Act, including any project for which the Secretary has issued a waiver under subsection (b), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. (g) Emergency waiver Notwithstanding any other provision of this section, the Secretary may waive the applicability of this section, in whole or in part, in an emergency. . (b) Review of nationwide waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of the department in which the Coast Guard is operating shall review each standing nationwide waiver issued under section 14 of the Act of June 21, 1940 (as added by this section) to determine whether continuing such waiver is necessary. 205. Registry endorsement requirement in the Exclusive Economic Zone (a) Registry endorsement required (1) In general Section 12111 of title 46, United States Code, is amended by adding at the end the following: (e) Resource activities in the EEZ Except for activities requiring an endorsement under section 12112 or 12113, only a vessel for which a certificate of documentation with a registry endorsement is issued and that is owned by a citizen of the United States (as determined under section 50501(d)) may engage in support of exploration, development, or production of resources in, on, above, or below the exclusive economic zone or any other activity in the exclusive economic zone to the extent that the regulation of such activity is not prohibited under customary international law. . (2) Application The amendment made by paragraph (1) applies only with respect to exploration, development, production, and support activities that commence on or after July 1, 2013. (b) Legal authority Section 2301 of title 46, United States Code, is amended— (1) by striking chapter and inserting title ; and (2) by inserting after 1988 the following: , and the exclusive economic zone to the extent that the regulation of such operation is not prohibited under customary international law . (c) Training for Coast Guard personnel Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a program to provide Coast Guard personnel with the training necessary for the implementation of the amendments made by this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr949ih/xml/BILLS-113hr949ih.xml

113-hr-950

I 113th CONGRESS 1st Session H. R. 950 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Farenthold introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require the Director of the Office of Management and Budget to send a report to Congress indicating how amounts could be transferred within agencies and departments for fiscal year 2013 to avoid all furloughs or reductions in force. 1. Short title This Act may be cited as the Protecting America’s Civilian Employees Act or the PACE Act . 2. OMB report to Congress The Director of the Office of Management and Budget shall prepare and submit a report to Congress indicating how amounts could be transferred within agencies and departments for fiscal year 2013 to avoid all furloughs or reductions in force without increasing the deficit of the Government for that fiscal year. 3. Timeline The report described in section 1 shall be submitted to the Congress not later than 30 days after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr950ih/xml/BILLS-113hr950ih.xml

113-hr-951

I 113th CONGRESS 1st Session H. R. 951 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Polis (for himself, Ms. DeLauro , Mr. Conyers , Ms. DeGette , Mr. Grijalva , Ms. Moore , Ms. Norton , Mr. Langevin , Ms. Wasserman Schultz , Ms. Brown of Florida , Mr. Sires , Mr. Blumenauer , Ms. Roybal-Allard , Mr. Lewis , Ms. Wilson of Florida , Mr. Hastings of Florida , Ms. Slaughter , Mr. Ellison , Mr. Garamendi , Mr. Cicilline , Mr. Moran , and Ms. Waters ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To promote the economic self-sufficiency of low-income women through their increased participation in high-wage, high-demand occupations where they currently represent 25 percent or less of the workforce. 1. Short title This Act may be cited as the Women and Workforce Investment for Nontraditional Jobs or Women WIN Jobs . 2. Findings Congress finds the following: (1) According to the Council of Economic Advisors, occupations requiring higher educational attainment are projected to grow much faster than those with lower education requirements between 2006 and 2016, with the fastest growth among occupations that require an associate’s degree or a post-secondary vocational award. Some of the occupations cited in the report include electricians, plumbers, aircraft mechanics and service technicians, electrical power line installers and repairers, and environmental engineering technicians, all of which are nontraditional occupations for women, as defined under the Carl T. Perkins Career and Technical Education Act of 2006. (2) Only 6.2 percent of employed women worked in nontraditional occupations in 2008. (3) More than one-half of all working women are clustered in 25 of 504 job categories tracked by the Bureau of Labor Statistics. Excluding teachers and nurses, most of these categories are among the lowest-paid occupations. In general, women working in nontraditional fields earn 20 to 30 percent more than women in traditionally female fields. (4) The National Association of Manufacturers estimates a need for 10 million new workers by 2020 due to the aging of the current workforce. Moreover, 90 percent of manufacturers are experiencing a shortage of qualified employees including machinists, operators, craft workers, distributors, and technicians. Women hold only 4.7 percent of welding, soldering, and brazing jobs. (5) Women make up 73.7 percent of cashiers, whose hourly wage averages $9.52, but only 0.4 percent of electrical power-line installers and repairers, who earn an average hourly wage of $27.65, and only 7.5 percent of telecommunications line installers and repairers, who earn an average hourly wage of $24.08. (6) Women comprise 71.1 percent of wait staff, whose hourly wage averages $9.99, but only 0.6 percent of HVAC mechanics and installers, who make an average hourly wage of $21.57. (7) Women make up 94.7 percent of child care workers, whose hourly wage averages $10.15, but only 1.5 percent of electricians, who make an average hourly wage of $24.91. (8) Women comprise 92.7 percent of receptionists and information clerks, whose hourly wage averages $12.63, but only 10.9 percent of surveying and mapping technicians who make an average hourly wage of $19.41. (9) Women make up 84.2 percent of office clerks, whose hourly wage averages $13.58, but only 11 percent of computer, ATM, and office machine repairers, who make an average hourly wage of $18.79, and only 2.3 percent of aircraft mechanics who earn an average hourly wage of $25.62. (10) Girls comprise only 15 percent of students enrolled in high school courses leading to nontraditional occupations. This proportion has stayed relatively constant for the past 30 years. (11) An independent study conducted in 2001 found that when programs, such as those under the Women in Apprenticeship and Nontraditional Occupations (WANTO) Act of 1992, were implemented in an area, local women were 25 percent more likely to hold a nontraditional job and were more likely to hold these jobs years after the intervention. (12) More than half of the individuals receiving training services under the Workforce Investment Act are women. However, males who complete training are 11 times more likely to be employed in the occupational category farming, fishing, forestry, construction and extraction and 7 times more likely in the area installation, repair, production, transportation, and material moving. In 2009, earnings of females who completed training were 24 percent lower than the earnings of males in the first quarter after completing the training. 3. Definitions In this Act— (1) the term designated region has the meaning given such term in section 116(c)(5)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2831(c)(5(A)); (2) the term eligible entity means a partnership— (A) among— (i) a community-based organization experienced in serving women; (ii) 1 or more employers or a business association; (iii) a registered apprenticeship program if available in a designated region; and (iv) a public postsecondary education institution; and (B) in addition to the required partners described in subparagraph (A), that may include business and trade associations, labor unions, high schools, and workforce and economic development agencies; (3) the term self-sufficiency standard means a measure of how much income families need to cover their basic costs without subsidies, as determined or recognized by the State for an applicable local area using a consistent methodology that calculates the costs of living and working (including taxes) based upon sub-State geographic location and family size and composition; (4) the term non-traditional occupations means those occupations in which women make up less than 25 percent of the workforce (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302)); (5) the term public postsecondary education institution means— (A) a junior or community college, as defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) ); or (B) an area technical school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ); (6) the term registered apprenticeship program means a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ( 29 U.S.C. 50 note)); and (7) the term State has the meaning given such term in section 3 of the of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). 4. Grants to States (a) Allocation of funds (1) In general In any fiscal year in which the total amount appropriated under section 11 exceeds $50,000,000, the Secretary of Labor shall, from the amount appropriated under section 11 to carry out this section, allocate funds to States using a formula based on each State’s share of the national population of women from families with an income of less than 200 percent of the poverty threshold, according to the most recent data available by the Bureau of the Census. (2) Reallocation If a State does not receive funds under paragraph (1), the Secretary shall reallocate such funds to other States in the same proportion funds are allocated under such paragraph. (b) Submission of State plan (1) In general In order to receive an allocation of funds under subsection (a), the Governor of a State shall submit a State Plan that describes how the State plans to— (A) distribute such funds to eligible entities located in the State to increase women’s participation in high-wage, high-demand occupations in which women are currently underrepresented in the State’s workforce in accordance with section 5; and (B) use such funds to carry out the statewide activities described in subsection (c). (2) Administration of State Plan The State Plan described in paragraph (1) shall be administered by a State workforce development board (as referred to in the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. )), in consultation with a State entity (as defined in section 118(c) of the Carl D. Perkins Career Technical Education Act of 2006 ( 20 U.S.C. 2328 )). (3) Review of plan The Secretary of Labor shall review each State plan submitted pursuant to this subsection within 60 days of receipt. (c) Use of Funds The designated State entity may reserve not more than 15 percent of the grant for statewide activities to— (1) provide technical assistance to eligible entities receiving funding under this Act and to State registered apprenticeship programs and sponsors and joint apprenticeship training councils on meeting their enrollment goal for women in nontraditional occupations; (2) develop institutional and cross-agency policies and protocols such as memoranda of understanding that set goals for the hiring of specific percentages of women served under this Act into registered apprenticeships and permanent employment openings in publicly assisted projects; (3) engage in public education and outreach activities, to overcome stereotypes about women in nontraditional occupations, including the development of educational and marketing materials; and (4) provide training and technical assistance to overcome gender inequity among employers, registered apprenticeship programs, and State equal employment opportunity and affirmative action agencies. 5. State grants to partnerships (a) In general (1) Allocations authorized A State receiving funds under section 4 shall allocate the funds not reserved to carry out the statewide activities described in section 4(c) to eligible entities in the State to support the recruitment, training, placement, and retention of women in nontraditional occupations. (2) Allocation duration An allocation under this section to an eligible entity shall be made for not more than 2 years with the possibility of a multi-year renewal upon submission of a renewal application containing information— (A) about the effectiveness of the services and activities provided under subsection (d)(1) using the funds made available under the first allocation; and (B) any such additional information as the Secretary may require. (3) Allocation amount An allocation under this section to an eligible entity shall be of sufficient size and scope to support the effective implementation of the services and activities described in subsection (d)(1). (b) Application Process An eligible entity that desires to receive funds under this section shall submit an application to the designated State agency. Such application shall provide a plan detailing the roles and responsibilities of partnership members and how funds will be used in conjunction with funding from other public or private sources to carry out the activities described in subsection (d). (c) Priorities In allocating funds under this section, a State agency shall give priority to eligible entities that— (1) include entities with demonstrated success in recruiting and preparing low-income women for nontraditional occupations, and local workforce boards established under the Workforce Investment Act; or (2) leverage additional public and private resources to fund training programs, including cash or in-kind matches from employers. (d) Use of funds (1) Services and activities An eligible entity receiving funds under this section shall— (A) conduct public education and outreach designed to overcome stereotypes and develop family support and encouragement; (B) recruit low-income women for careers in nontraditional occupations and provide comprehensive career guidance and counseling, including regional labor market information and projections about nontraditional jobs and salary information; (C) conduct individual assessments and employment counseling, including instruction on the use of online job search databases; (D) assist low-income women to access programs leading to a degree, industry recognized certificate or credential, and apprenticeship programs that will prepare them for high-demand, high-skill occupations, including providing information about— (i) the quality and cost of the programs; (ii) available financial aid; and (iii) the use of self-sufficiency calculators where available; (E) conduct education and pre-apprenticeship and pre-employment skill development activities including basic skills, education, literacy, including financial literacy, and training; (F) coordinate with public secondary education institutions to improve the transition of participants into— (i) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); (ii) a program of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2342(c)(1)(A) )); or (iii) a registered apprenticeship program; (G) engage in necessary activities for the recruitment, preparation, placement, and retention of participants in registered apprenticeships, and postsecondary training programs, and permanent employment; (H) provide access to pre- and post-placement supportive services such as child care, transportation, tools, application fees, dues, needs-based payments or stipends, and mentorships as may be necessary to complete training and retain employment; (I) develop or obtain curricula, handbooks, tools and equipment; (J) build capacity through staff training, organizational development and technology upgrades; (K) engage in activities requested by the national clearinghouse established pursuant to section 9 ; (L) develop incentives for employers and sponsors of registered apprenticeship program to retain women in nontraditional occupations for more than 6 months; (M) provide technical assistance to employers on how to create a safe and healthy workplace environment designed to retain and advance women, including best practices for addressing sexual harassment; (N) provide post-placement assistance to participants in order to promote employment retention, including exit interviews, mentoring, networking and leadership development for women employed in the field; and (O) develop and collect data, consistent with the requirements of the Workforce Investment Act of 1998, to track women by race, ethnicity, and age throughout the process and establish benchmarks such as numbers contacted through outreach, placement into training and completion rates, and employment outcomes, including earnings progression. (2) Target participants In providing services and activities described in paragraph (1), eligible entities shall target women with family incomes below the local self-sufficiency standard, when available, or women in families with income of less than 200 percent of the poverty threshold (as determined by the Bureau of the Census). (e) Supplement, not supplant Funds provided under this section shall supplement and not supplant other Federal, State, or local funds that would, in the absence of funds provided under this section, be available for the purposes described in this section. 6. Allocations to eligible entities (a) Allocations (1) In general In any year in which the total amount appropriated under section 11 is an amount less than $50,000,000, the Secretary of Labor shall, from the amount appropriated under section 11 to carry out this section, allocate funds to eligible entities to support the recruitment, training, placement, and retention of women in nontraditional occupations. (2) Allocation duration An allocation under this section shall be made to an eligible entity for not more than 2 years with the possibility of multi-year renewals upon submission of a renewal application containing information— (A) about the effectiveness of the services and activities provided under section (5)(d)(1) using the funds made available under the first allocation; and (B) any such additional information as the Secretary may require. (3) Allocation amount An allocation under this section to an eligible entity shall be of sufficient size and scope to support the effective implementation of the services and activities described in subsection (d). (b) Application An eligible entity desiring to receive an allocation under this section shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary may require. An application shall provide a plan detailing the roles and responsibilities of partnership members and how funds will be used in conjunction with funding from other public or private sources to carry out the services and activities described in subsection (d). (c) Priority In awarding grants under this section, the Secretary of Labor shall give priority to eligible entities that— (1) include entities with demonstrated success in recruiting and preparing low-income women for nontraditional occupations, and local workforce boards created under the Workforce Investment Act; or (2) leverage additional public and private resources to fund training programs, including cash or in-kind matches from participating employers. (d) Uses of funds An eligible entity receiving funds under this section shall uses such funds to carry out the services and activities described in section 5(d). (e) Supplement, not supplant Funds provided under this section shall supplement and not supplant other Federal, State, or local funds that would, in the absence of funds provided under this section, be available for the purposes described in this section. 7. National commission on the status of women in high–demand and high–wage nontraditional occupations (a) In general The Secretary of Labor, in consultation with the Secretary of Education, shall convene a national commission (in this section referred to as the Commission ) for the purpose of examining and making recommendations for improving the status of women in high-demand, high-wage nontraditional occupations. (b) Membership The Commission shall include 30 members, of which 15 members shall be appointed by the President, 5 members by the Speaker and 3 members by the minority leader of the House of Representatives, and 4 members by the majority leader and 3 members by the minority leader of the Senate. Members shall include representatives from— (1) business or trade associations in industries with high-wage, high-demand nontraditional occupations and sponsors of registered apprenticeship program; (2) women’s organizations and other nonprofit organizations serving low-income women; (3) labor unions and labor-management organizations; (4) high school and public postsecondary education institutions; (5) State workforce and economic development agencies or agencies responsible for the Workforce Investment Act and the Carl D. Perkins Career and Technical Education Act; and (6) academics, researchers, and other stakeholders. A minimum of 10 members must have demonstrated experience in serving low-income women. (c) Duties The duties of the Commission shall be to— (1) develop a 5-year plan to encourage the full participation of women in high-wage, high-demand nontraditional occupations; (2) hold hearings on the national and regional levels on the goal of ending gender segregation in occupations, particularly the underrepresentation of women in high-demand, high-wage occupations; (3) recommend policies and programs, including the establishment of sanctions and bonuses for Federal contractors in designated sectors and the use of on-site equal opportunity monitors on all large federally funded projects; and (4) submit its progress report and policy recommendations to Congress and related Federal agencies not later than 1 year after the Commission is convened and every 2 years thereafter. 8. Data collection and reporting The Bureau of Labor Statistics shall collect data on the status of women’s participation in underrepresented sectors of the economy and shall examine the status of women in relation to that of men. Such data shall include— (1) the gender, race, age of participants, including cross tabulations of those three; (2) occupation; (3) geography; (4) advancement salary; (5) pay equity within categories within occupations; and (6) assignment disparity measured as through income and hours worked. The Bureau shall collect such information on an annual basis and submit it to relevant Federal agencies (including the Departments of Labor, Education, Commerce, the commission established under section 6, and to Congress. The Bureau shall also make such information available to the public on the Bureau’s Web site. 9. National clearinghouse The Secretary of Labor, in consultation with the Secretary of Education, shall establish a national clearinghouse to collect and distribute best practices. The clearinghouse shall— (1) convene national and regional meetings and conferences to bring together stakeholders at all levels; (2) collect and disseminate best practices of collaborative models for the recruitment, preparation, placement and retention of women in nontraditional employment; (3) provide legal, policy and technical assistance in order to sustain and advance the promotion, employment and retention of women in high-wage, high-demand nontraditional occupations; and (4) develop and conduct a national training program, including through distance learning, for staff, partners and board members of grantees and subgrantees. 10. Evaluation (a) Evaluation Beginning 2 years after the date of the enactment of this Act, the Secretary shall conduct an independent, comprehensive, and scientifically sound evaluation, by grant or contract and using the highest quality research design available, of the impact of activities carried out under this Act in promoting the economic self-sufficiency of low-income women through their increased participation in high-wage, high-demand occupations where they currently represent 25 percent or less of the workforce. (b) Report Not later than 4 years after the date of the enactment of this Act, and biannually thereafter, the Secretary shall submit to Congress a report on the results of the evaluation described in subsection (a). 11. Authorization of Appropriations There are authorized to be appropriated $100,000,000 to the Secretary of Labor to carry out this Act, of which a minimum of $3,000,000 is authorized to be used to carry out sections 8 and 9.

https://www.govinfo.gov/content/pkg/BILLS-113hr951ih/xml/BILLS-113hr951ih.xml

113-hr-952

I 113th CONGRESS 1st Session H. R. 952 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Swalwell of California introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow small businesses to defer the payment of certain employment taxes. 1. Short title This Act may be cited as the Main Street Revival Act . 2. Deferral of certain employment taxes by small businesses (a) In general Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Election by small businesses To defer payment (1) In general A specified small business may elect to pay the specified first-year employment taxes of such business in installments as provided in paragraph (2). (2) Payment in installments (A) In general If an election is made under paragraph (1), the specified first-year employment taxes shall be paid in 4 equal installments. The first installment shall be paid on the date which is one year after the end of the specified first year and each succeeding installment shall be paid on the date which is one year after the due date of the previous installment. (B) Acceleration of payment under certain circumstances If there is an addition to tax for failure to pay timely assessed with respect to any installment required under this subsection, a liquidation or sale of substantially all the assets of the taxpayer (including in a title 11 or similar case), a cessation of business by the taxpayer, or any similar circumstance, then the unpaid portion of all remaining installments shall be due on the date of such event (or in the case of a title 11 or similar case, the day before the petition is filed). (C) Proration of any deficiency to installments If an election is made under paragraph (1) to pay the specified first-year employment taxes in installments and a deficiency has been assessed, the deficiency shall be prorated to such installments. The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as a part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax. (3) Specified small business For purposes of this section— (A) In general The term specified small business means any HUBZone business if there is a reasonable expectation as of the first day of the specified first-year that such business will not employ more than 25 full-time employees (determined under section 45R(d) by treating the specified first year as the taxable year) for such year. Such term shall not include any business unless the specified first-year of such business begins after the date of the enactment of this subsection. (B) HUBZone business The term HUBZone business means any employer if— (i) every trade or business of such employer is actively conducted within a HUBZone, and (ii) a substantial portion of the services performed for such employer by its employees are performed in a HUBZone. (C) HUBZone The term HUBZone means any area which would be a historically underutilized business zone (as defined in section 3(p)(1) of the Small Business Act) if such section were applied without regard to subparagraphs (C), (D), and (E) thereof. (4) Specified first-year employment taxes For purposes of this section— (A) In general The term specified first-year employment taxes means, with respect to any specified small business, the taxes imposed under subsections (a) and (b) with respect to wages paid during the specified first-year of such business. (B) Specified first-year The term specified first-year means, with respect to any specified small business, the 1-year period beginning on the first date that any employee of such business performs any service for such business. (5) Aggregation rules, etc All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of this subsection. Any reference in this subsection to any person shall include a reference to any predecessor of such person. (6) Trust funds held harmless The amounts appropriated, deposited, or transferred to any trust fund shall be determined without regard to this subsection. . (b) Effective date The amendment made by this section shall apply to any specified small business (as defined in section 3111(f) of the Internal Revenue Code of 1986, as added by this section) the specified first-year of which (within the meaning of such section) begins after the date of the enactment of this Act.

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