II 

Calendar No. 409 

112TH CONGRESS 

2D SESSION S. 3216 

[Report No. 112–169] 

Making appropriations for the Department of Homeland Security for the 

fiscal year ending September 30, 2013, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2012 

Ms. LANDRIEU, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2013, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Homeland Security for the fiscal year end6 ing September 30, 2013, and for other purposes, namely: 
2 

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1 TITLE I 

2 DEPARTMENTAL MANAGEMENT AND 

3 OPERATIONS 

4 DEPARTMENTAL OPERATIONS

5 OFFICE OF THE SECRETARY AND EXECUTIVE

6 MANAGEMENT

7 For necessary expenses of the Office of the Secretary 

8 of Homeland Security, as authorized by section 102 of the 

9 Homeland Security Act of 2002 (6 U.S.C. 112), and exec10 utive management of the Department of Homeland Secu11 rity, as authorized by law, $133,351,000: Provided, That 

12 not to exceed $45,900 shall be for official reception and 

13 representation expenses: Provided further, That all official 

14 costs associated with the use of government aircraft by 

15 Department of Homeland Security personnel to support 

16 official travel of the Secretary and the Deputy Secretary 

17 shall be paid from amounts made available for the Imme18 diate Office of the Secretary and the Immediate Office of 

19 the Deputy Secretary: Provided further, That the Assist20 ant Secretary for Policy shall submit to the Committees 

21 on Appropriations of the Senate and the House of Rep22 resentatives not later than 90 days after the date of enact23 ment of this Act, an expenditure plan for the Office of 

24 Policy. 
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1 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

2 For necessary expenses of the Office of the Under 

3 Secretary for Management, as authorized by sections 701 

4 through 705 of the Homeland Security Act of 2002 (6 

5 U.S.C. 341 through 345), $220,270,000, of which not to 

6 exceed $2,250 shall be for official reception and represen7 tation expenses: Provided, That of the total amount made 

8 available under this heading, $5,448,000 shall remain 

9 available until September 30, 2017, solely for the alter10 ation and improvement of facilities, tenant improvements, 

11 and relocation costs to consolidate Department head12 quarters operations at the Nebraska Avenue Complex; and 

13 $9,689,000 shall remain available until September 30, 

14 2015, for the Human Resources Information Technology 

15 program: Provided further, That the Under Secretary for 

16 Management shall, pursuant to the requirements con17 tained in the joint statement of managers accompanying 

18 Public Law 112–74, provide to the Committees on Appro19 priations of the Senate and the House of Representatives 

20 a Comprehensive Acquisition Status Report with the 

21 President’s budget for fiscal year 2014 as submitted under 

22 section 1105(a) of title 31, United States Code, and quar23 terly updates to such report not later than 30 days after 

24 the completion of each quarter. 
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1 OFFICE OF THE CHIEF FINANCIAL OFFICER

2 For necessary expenses of the Office of the Chief Fi3 nancial Officer, as authorized by section 103 of the Home4 land Security Act of 2002 (6 U.S.C. 113), $53,714,000, 

5 of which $5,000,000 shall remain available until expended 

6 for financial systems modernization efforts. 

7 OFFICE OF THE CHIEF INFORMATION OFFICER

8 For necessary expenses of the Office of the Chief In9 formation Officer, as authorized by section 103 of the 

10 Homeland Security Act of 2002 (6 U.S.C. 113), and De11 partment-wide technology investments, $247,846,000; of 

12 which $120,670,000 shall be available for salaries and ex13 penses; and of which $127,176,000, to remain available 

14 until September 30, 2015, shall be available for develop15 ment and acquisition of information technology equip16 ment, software, services, and related activities for the De17 partment of Homeland Security: Provided, That the De18 partment of Homeland Security Chief Information Officer 

19 shall submit to the Committees on Appropriations of the 

20 Senate and the House of Representatives, at the time that 

21 the President’s budget is submitted each year under sec22 tion 1105(a) of title 31, United States Code, a multi-year 

23 investment and management plan, to include each of fiscal 

24 years 2013 through 2016, for all information technology 

25 acquisition projects funded under this heading or funded 
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1 by multiple components of the Department of Homeland 

2 Security through reimbursable agreements, that in3 cludes— 

4 (1) the proposed appropriations included for 

5 each project and activity tied to mission require6 ments, program management capabilities, perform7 ance levels, and specific capabilities and services to 

8 be delivered; 

9 (2) the total estimated cost and projected 

10 timeline of completion for all multi-year enhance11 ments, modernizations, and new capabilities that are 

12 proposed in such budget or underway; 

13 (3) a detailed accounting of operations and 

14 maintenance and contractor services costs; and 

15 (4) a current acquisition program baseline for 

16 each project, that— 

17 (A) notes and explains any deviations in 

18 cost, performance parameters, schedule, or esti19 mated date of completion from the original ac20 quisition program baseline; 

21 (B) aligns the acquisition programs cov22 ered by the baseline to mission requirements by 

23 defining existing capabilities, identifying known 

24 capability gaps between such existing capabili25 ties and stated mission requirements, and ex-
6 

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1 plaining how each increment will address such 

2 known capability gaps; and 

3 (C) defines life-cycle costs for such pro4 grams. 

5 ANALYSIS AND OPERATIONS

6 For necessary expenses for intelligence analysis and 

7 operations coordination activities, as authorized by title II 

8 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 

9 seq.), $323,782,000; of which not to exceed $3,825 shall 

10 be for official reception and representation expenses; and 

11 of which $43,822,000 shall remain available until Sep12 tember 30, 2014. 

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector 

15 General in carrying out the provisions of the Inspector 

16 General Act of 1978 (5 U.S.C. App.), $122,664,000 of 

17 which not to exceed $300,000 may be used for certain con18 fidential operational expenses, including the payment of 

19 informants, to be expended at the direction of the Inspec20 tor General. 
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1 TITLE II 

2 SECURITY, ENFORCEMENT, AND 

3 INVESTIGATIONS 

4 U.S. CUSTOMS AND BORDER PROTECTION

5 SALARIES AND EXPENSES

6 For necessary expenses for enforcement of laws relat7 ing to border security, immigration, customs, agricultural 

8 inspections and regulatory activities related to plant and 

9 animal imports, and transportation of unaccompanied 

10 minor aliens; purchase and lease of up to 7,500 (6,500 

11 for replacement only) police-type vehicles; and contracting 

12 with individuals for personal services abroad; 

13 $8,769,870,000; of which $3,285,000 shall be derived 

14 from the Harbor Maintenance Trust Fund for administra15 tive expenses related to the collection of the Harbor Main16 tenance Fee pursuant to section 9505(c)(3) of the Internal 

17 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not18 withstanding section 1511(e)(1) of the Homeland Security 

19 Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 

20 $34,425 shall be for official reception and representation 

21 expenses; of which not less than $287,849,000 shall be 

22 for Air and Marine Operations; of which such sums as 

23 become available in the Customs User Fee Account, except 

24 sums subject to section 13031(f)(3) of the Consolidated 

25 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
8 

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1 58c(f)(3)), shall be derived from that account; of which 

2 not to exceed $150,000 shall be available for payment for 

3 rental space in connection with preclearance operations; 

4 of which not to exceed $1,000,000 shall be for awards of 

5 compensation to informants, to be accounted for solely 

6 under the certificate of the Secretary of Homeland Secu7 rity: Provided, That for fiscal year 2013, the overtime lim8 itation prescribed in section 5(c)(1) of the Act of February 

9 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not10 withstanding any other provision of law, none of the funds 

11 appropriated by this Act may be available to compensate 

12 any employee of U.S. Customs and Border Protection for 

13 overtime, from whatever source, in an amount that ex14 ceeds such limitation, except in individual cases deter15 mined by the Secretary of Homeland Security, or the des16 ignee of the Secretary, to be necessary for national secu17 rity purposes, to prevent excessive costs, or in cases of 

18 immigration emergencies: Provided further, That the Bor19 der Patrol shall maintain an active duty presence of not 

20 less than 21,370 full-time equivalent agents protecting the 

21 borders of the United States in the fiscal year. 

22 AUTOMATION MODERNIZATION

23 For expenses for U.S. Customs and Border Protec24 tion automated systems, $327,526,000, to remain avail25 able until September 30, 2015, of which not less than 
9 

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1 $140,794,000 shall be for the development of the Auto2 mated Commercial Environment: Provided, That of the 

3 total amount made available under this heading, 

4 $25,000,000 shall not be obligated for the Automated 

5 Commercial Environment program until the Commissioner 

6 of U.S. Customs and Border Protection submits to the 

7 Committees on Appropriations of the Senate and the 

8 House of Representatives, not later than 60 days after the 

9 date of enactment of this Act, an expenditure plan for the 

10 Automated Commercial Environment program including 

11 results to date, plans for the program, and a list of 

12 projects with associated funding from prior appropriations 

13 and provided by this Act. 

14 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

15 TECHNOLOGY

16 For expenses for border security fencing, infrastruc17 ture, and technology, $327,099,000, to remain available 

18 until September 30, 2015: Provided, That of the total 

19 amount made available under this heading, $60,000,000 

20 shall not be obligated until the Committees on Appropria21 tions of the Senate and the House of Representatives re22 ceive a detailed plan for expenditure, prepared by the 

23 Commissioner of U.S. Customs and Border Protection, 

24 and submitted not later than 90 days after the date of 

25 enactment of this Act, for a program to establish and 
10 

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1 maintain a security barrier along the borders of the 

2 United States of fencing and vehicle barriers, where prac3 ticable, and of other forms of tactical infrastructure and 

4 technology. 

5 AIR AND MARINE INTERDICTION, OPERATIONS, 

6 MAINTENANCE, AND PROCUREMENT

7 For necessary expenses for the operations, mainte8 nance, and procurement of marine vessels, aircraft, un9 manned aircraft systems, and other related equipment of 

10 the air and marine program, including operational train11 ing and mission-related travel, the operations of which in12 clude the following: the interdiction of narcotics and other 

13 goods; the provision of support to Federal, State, and local 

14 agencies in the enforcement or administration of laws en15 forced by the Department of Homeland Security; and, at 

16 the discretion of the Secretary of Homeland Security, the 

17 provision of assistance to Federal, State, and local agen18 cies in other law enforcement and emergency humani19 tarian efforts, $506,766,000, to remain available until 

20 September 30, 2015: Provided, That no aircraft or other 

21 related equipment, with the exception of aircraft that are 

22 one of a kind and have been identified as excess to U.S. 

23 Customs and Border Protection requirements and aircraft 

24 that have been damaged beyond repair, shall be trans25 ferred to any other Federal agency, department, or office 
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1 outside of the Department of Homeland Security during 

2 fiscal year 2013 without the prior notice to the Commit3 tees on Appropriations of the Senate and the House of 

4 Representatives: Provided further, That the Secretary of 

5 Homeland Security shall report to the Committees on Ap6 propriations of the Senate and the House of Representa7 tives, not later than 90 days after the date of enactment 

8 of this Act, on the update to the 5-year strategic plan for 

9 the air and marine program directed in the conference re10 port accompanying Public Law 109–90 that addresses 

11 missions, structure, operations, equipment, facilities, and 

12 resources including deployment and command and control 

13 requirements, and includes a recapitalization plan with 

14 milestones and funding, and a detailed staffing plan with 

15 associated costs to achieve full staffing to meet all mission 

16 requirements. 

17 CONSTRUCTION AND FACILITIES MANAGEMENT

18 For necessary expenses to plan, acquire, construct, 

19 renovate, equip, furnish, operate, manage, and maintain 

20 buildings, facilities, and related infrastructure necessary 

21 for the administration and enforcement of the laws relat22 ing to customs, immigration, and border security, 

23 $243,666,000, to remain available until September 30, 

24 2017. 
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1 UNITED STATES VISITOR AND IMMIGRANT STATUS

2 INDICATOR TECHNOLOGY

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for the United States Visitor 

5 and Immigrant Status Indicator Technology program, as 

6 authorized by section 110 of the Illegal Immigration Re7 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

8 1365a), $279,133,000: Provided, That of the total made 

9 available under this heading, $161,110,000 shall remain 

10 available until September 30, 2014: Provided further, That 

11 $18,000,000 of the total amount made available under 

12 this heading shall be transferred to U.S. Immigration and 

13 Customs Enforcement ‘‘Salaries and Expenses’’ solely for 

14 visa overstay analysis, and the remaining funds made 

15 available under this heading shall not be available for 

16 transfer or reprogramming pursuant to section 503 of this 

17 Act: Provided further, That the United States Visitor and 

18 Immigrant Status Indicator Technology Executive Stake19 holder Board, which was in existence on October 1, 2011, 

20 shall continue to provide guidance and advice during the 

21 transition of the program. 
13 

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1 IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for enforcement of immigra5 tion and customs laws, detention and removals, and inves6 tigations, including overseas vetted units operations; and 

7 purchase and lease of up to 3,790 (2,350 for replacement 

8 only) police-type vehicles; $5,294,734,000; of which not to 

9 exceed $10,000,000 shall be available until expended for 

10 conducting special operations under section 3131 of the 

11 Customs Enforcement Act of 1986 (19 U.S.C. 2081); of 

12 which not to exceed $11,475 shall be for official reception 

13 and representation expenses; of which not to exceed 

14 $2,000,000 shall be for awards of compensation to inform15 ants, to be accounted for solely under the certificate of 

16 the Secretary of Homeland Security; of which not less 

17 than $305,000 shall be for promotion of public awareness 

18 of the child pornography tipline and activities to counter 

19 child exploitation; of which not less than $5,400,000 shall 

20 be used to facilitate agreements consistent with section 

21 287(g) of the Immigration and Nationality Act (8 U.S.C. 

22 1357(g)); and of which not to exceed $11,216,000 shall 

23 be available to fund or reimburse other Federal agencies 

24 for the costs associated with the care, maintenance, and 

25 repatriation of smuggled aliens unlawfully present in the 
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1 United States: Provided, That none of the funds made 

2 available under this heading shall be available to com3 pensate any employee for overtime in an annual amount 

4 in excess of $35,000, except that the Secretary of Home5 land Security, or the designee of the Secretary, may waive 

6 that amount as necessary for national security purposes 

7 and in cases of immigration emergencies: Provided further, 

8 That of the total amount provided, $15,770,000 shall be 

9 for activities to enforce laws against forced child labor, 

10 of which not to exceed $6,000,000 shall remain available 

11 until expended: Provided further, That of the total amount 

12 available, not less than $1,600,000,000 shall be available 

13 to identify aliens convicted of a crime who may be deport14 able, and to remove them from the United States once 

15 they are judged deportable, of which $138,713,000 shall 

16 remain available until September 30, 2014: Provided fur17 ther, That the Assistant Secretary of Homeland Security 

18 for U.S. Immigration and Customs Enforcement shall re19 port to the Committees on Appropriations of the Senate 

20 and the House of Representatives, not later than 45 days 

21 after the end of each quarter of the fiscal year, on progress 

22 in implementing the preceding proviso and the funds obli23 gated during that quarter to make such progress: Provided 

24 further, That the Secretary of Homeland Security shall 

25 prioritize the identification and removal of aliens convicted 
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1 of a crime by the severity of that crime: Provided further, 

2 That funding made available under this heading shall 

3 maintain a level of not less than 33,400 detention beds 

4 through September 30, 2013: Provided further, That of 

5 the total amount provided, not less than $2,695,644,000 

6 is for detention and removal operations, including trans7 portation of unaccompanied minor aliens: Provided fur8 ther, That of the total amount provided, $10,300,000 shall 

9 remain available until September 30, 2014, for the Visa 

10 Security Program: Provided further, That not less than 

11 $10,000,000 shall be available for investigation of intellec12 tual property rights violations, including the National In13 tellectual Property Rights Coordination Center: Provided 

14 further, That none of the funds provided under this head15 ing may be used to continue a delegation of law enforce16 ment authority authorized under section 287(g) of the Im17 migration and Nationality Act (8 U.S.C. 1357(g)) if the 

18 Department of Homeland Security Inspector General de19 termines that the terms of the agreement governing the 

20 delegation of authority have been violated: Provided fur21 ther, That none of the funds provided under this heading 

22 may be used to continue any contract for the provision 

23 of detention services if the two most recent overall per24 formance evaluations received by the contracted facility 

25 are less than ‘‘adequate’’ or the equivalent median score 
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1 in any subsequent performance evaluation system: Pro2 vided further, That of the total amount provided, up to 

3 $5,000,000 may be transferred to the Department of Jus4 tice, Executive Office for Immigration Review, to increase 

5 the efficiency of the immigration court process and reduce 

6 the nondetained docket: Provided further, That nothing 

7 under this heading shall prevent U.S. Immigration and 

8 Customs Enforcement from exercising those authorities 

9 provided under immigration laws (as defined in section 

10 101(a)(17) of the Immigration and Nationality Act (8 

11 U.S.C. 1101(a)(17))) during priority operations per12 taining to aliens convicted of a crime. 

13 AUTOMATION MODERNIZATION

14 For expenses of immigration and customs enforce15 ment automated systems, $30,500,000, to remain avail16 able until September 30, 2017. 

17 CONSTRUCTION

18 For necessary expenses to plan, construct, renovate, 

19 equip, and maintain buildings and facilities necessary for 

20 the administration and enforcement of the laws relating 

21 to customs and immigration, $5,000,000, to remain avail22 able until September 30, 2014. 
17 

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1 TRANSPORTATION SECURITY ADMINISTRATION

2 AVIATION SECURITY

3 For necessary expenses of the Transportation Secu4 rity Administration related to providing civil aviation secu5 rity services pursuant to the Aviation and Transportation 

6 Security Act (Public Law 107–71; 115 Stat. 597; 49 

7 U.S.C. 40101 note), $5,087,490,000, to remain available 

8 until September 30, 2014, of which not to exceed $7,650 

9 shall be for official reception and representation expenses: 

10 Provided, That of the total amount made available under 

11 this heading, not to exceed $3,999,790,000 shall be for 

12 screening operations, of which $416,349,000 shall be 

13 available for explosives detection systems; $115,239,000 

14 shall be for checkpoint support; and not to exceed 

15 $1,087,700,000 shall be for aviation security direction and 

16 enforcement: Provided further, That of the amount made 

17 available in the preceding proviso for explosives detection 

18 systems, $107,349,000 shall be available for the purchase 

19 and installation of these systems: Provided further, That 

20 any award to deploy explosives detection systems shall be 

21 based on risk, the airport’s current reliance on other 

22 screening solutions, lobby congestion resulting in increased 

23 security concerns, high injury rates, airport readiness, and 

24 increased cost effectiveness: Provided further, That secu25 rity service fees authorized under section 44940 of title 
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1 49, United States Code, shall be credited to this appro2 priation as offsetting collections and shall be available only 

3 for aviation security: Provided further, That the sum ap4 propriated under this heading from the general fund shall 

5 be reduced on a dollar-for-dollar basis as such offsetting 

6 collections are received during fiscal year 2013 so as to 

7 result in a final fiscal year appropriation from the general 

8 fund estimated at not more than $2,702,490,000: Pro9 vided further, That any security service fees collected in 

10 excess of the amount made available under this heading 

11 shall become available during fiscal year 2014: Provided 

12 further, That notwithstanding section 44923 of title 49, 

13 United States Code, for fiscal year 2013, any funds in 

14 the Aviation Security Capital Fund established by section 

15 44923(h) of title 49, United States Code, may be used 

16 for the procurement and installation of explosives detec17 tion systems or for the issuance of other transaction agree18 ments for the purpose of funding projects described in sec19 tion 44923(a): Provided further, That the Administrator 

20 of the Transportation Security Administration shall, with21 in 270 days of the date of enactment of this Act, establish 

22 procedures allowing members of cabin flight crew of air 

23 carriers to participate in the Known Crewmember pilot 

24 program, unless the Administrator determines that meet25 ing the requirement within this timeline is not practicable 
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1 and informs the Committees on Appropriations of the Sen2 ate and House of Representatives of the basis for that de3 termination and the new timeline for implementing the re4 quirement: Provided further, That Members of the United 

5 States House of Representatives and United States Sen6 ate, including the leadership; the heads of Federal agen7 cies and commissions, including the Secretary, Deputy 

8 Secretary, Under Secretaries, and Assistant Secretaries of 

9 the Department of Homeland Security; the United States 

10 Attorney General, Deputy Attorney General, Assistant At11 torneys General, and the United States Attorneys; and 

12 senior members of the Executive Office of the President, 

13 including the Director of the Office of Management and 

14 Budget, shall not be exempt from Federal passenger and 

15 baggage screening. 

16 SURFACE TRANSPORTATION SECURITY

17 For necessary expenses of the Transportation Secu18 rity Administration related to surface transportation secu19 rity activities, $124,276,000, to remain available until 

20 September 30, 2014. 

21 TRANSPORTATION THREAT ASSESSMENT AND

22 CREDENTIALING

23 For necessary expenses for the development and im24 plementation of screening programs of the Office of 

25 Transportation Threat Assessment and Credentialing, 
20 

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1 $192,631,000, to remain available until September 30, 

2 2014. 

3 TRANSPORTATION SECURITY SUPPORT

4 For necessary expenses of the Transportation Secu5 rity Administration related to transportation security sup6 port and intelligence pursuant to the Aviation and Trans7 portation Security Act (Public Law 107–71; 115 Stat. 

8 597; 49 U.S.C. 40101 note), $969,709,000, to remain 

9 available until September 30, 2014: Provided, That of the 

10 funds appropriated under this heading, $20,000,000 may 

11 not be obligated for headquarters administration until the 

12 Administrator of the Transportation Security Administra13 tion submits to the Committees on Appropriations of the 

14 Senate and the House of Representatives detailed expendi15 ture plans for air cargo security, checkpoint support, and 

16 explosives detection systems refurbishment, procurement, 

17 and installations on an airport-by-airport basis for fiscal 

18 year 2013: Provided further, That these plans shall be sub19 mitted not later than 60 days after the date of enactment 

20 of this Act. 

21 FEDERAL AIR MARSHALS

22 For necessary expenses of the Federal Air Marshals, 

23 $929,610,000. 
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1 UNITED STATES COAST GUARD

2 OPERATING EXPENSES

3 For necessary expenses for the operation and mainte4 nance of the Coast Guard, not otherwise provided for; pur5 chase or lease of not to exceed 25 passenger motor vehi6 cles, which shall be for replacement only; purchase or lease 

7 of small boats for contingent and emergent requirements 

8 (at a unit cost of no more than $700,000) and repairs 

9 and service-life replacements, not to exceed a total of 

10 $31,000,000; purchase or lease of boats necessary for 

11 overseas deployments and activities; minor shore construc12 tion projects not exceeding $1,000,000 in total cost on any 

13 asset; payments pursuant to section 156 of Public Law 

14 97–377 (42 U.S.C. 402 note; 96 Stat. 1920); and recre15 ation and welfare; $7,073,479,000, of which $535,000,000 

16 shall be for defense-related activities, of which 

17 $254,000,000 is designated by the Congress for Overseas 

18 Contingency Operations/Global War on Terrorism pursu19 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

20 and Emergency Deficit Control Act of 1985; of which 

21 $24,500,000 shall be derived from the Oil Spill Liability 

22 Trust Fund to carry out the purposes of section 

23 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

24 2712(a)(5)); and of which not to exceed $15,300 shall be 

25 for official reception and representation expenses: Pro-
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1 vided, That none of the funds made available by this Act 

2 shall be for expenses incurred for recreational vessels 

3 under section 12114 of title 46, United States Code, ex4 cept to the extent fees are collected from owners of yachts 

5 and credited to this appropriation: Provided further, That 

6 of the funds provided under this heading, $75,000,000 

7 shall be withheld from obligation for Coast Guard Head8 quarters Directorates until a revised future-years capital 

9 investment plan for fiscal years 2014 through 2018, as 

10 specified under the heading Coast Guard ‘‘Acquisition, 

11 Construction, and Improvements’’ of this Act is submitted 

12 to the Committees on Appropriations of the Senate and 

13 the House of Representatives: Provided further, That 

14 funds made available under this heading for Overseas 

15 Contingency Operations/Global War on Terrorism may be 

16 allocated by program, project, and activity, notwith17 standing section 503 of this Act. 

18 ENVIRONMENTAL COMPLIANCE AND RESTORATION

19 For necessary expenses to carry out the environ20 mental compliance and restoration functions of the Coast 

21 Guard under chapter 19 of title 14, United States Code, 

22 $13,162,000, to remain available until September 30, 

23 2017. 
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1 RESERVE TRAINING

2 For necessary expenses of the Coast Guard Reserve, 

3 as authorized by law; operations and maintenance of the 

4 Coast Guard reserve program; personnel and training 

5 costs; and equipment and services; $132,554,000. 

6 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

7 For necessary expenses of acquisition, construction, 

8 renovation, and improvement of aids to navigation, shore 

9 facilities, vessels, and aircraft, including equipment related 

10 thereto; and maintenance, rehabilitation, lease and oper11 ation of facilities and equipment; as authorized by law; 

12 $1,470,609,000, of which $20,000,000 shall be derived 

13 from the Oil Spill Liability Trust Fund to carry out the 

14 purposes of section 1012(a)(5) of the Oil Pollution Act 

15 of 1990 (33 U.S.C. 2712(a)(5)); of which $10,000,000 

16 shall remain available until September 30, 2017, for mili17 tary family housing, of which not more than $3,900,000 

18 shall be derived from the Coast Guard Housing Fund, es19 tablished pursuant to 14 U.S.C. 687; of which 

20 $1,122,800,000 shall be available until September 30, 

21 2017, to acquire, effect major repairs to, renovate, or im22 prove vessels, small boats, and related equipment; of which 

23 $74,500,000 shall be available until September 30, 2017, 

24 to acquire, effect major repairs to, renovate, or improve 

25 aircraft or increase aviation capability; of which 
24 

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1 $76,500,000 shall be available until September 30, 2017, 

2 for other acquisition programs; of which $69,411,000 shall 

3 be available until September 30, 2017, for shore facilities 

4 and aids to navigation, including waterfront facilities at 

5 Navy installations used by the Coast Guard; of which 

6 $117,398,000 shall be available for personnel compensa7 tion and benefits and related costs: Provided, That the 

8 funds provided by this Act shall be immediately available 

9 and allotted to contract for the production of the sixth 

10 National Security Cutter notwithstanding the availability 

11 of funds for post-production costs: Provided further, That 

12 the funds provided by this Act shall be immediately avail13 able and allotted to contract for long lead time materials, 

14 components, and designs for the seventh National Security 

15 Cutter notwithstanding the availability of funds for pro16 duction costs or post-production costs: Provided further, 

17 That the Commandant of the Coast Guard shall submit 

18 to the Committees on Appropriations of the Senate and 

19 the House of Representatives, at the time that the Presi20 dent’s budget is submitted each year under section 

21 1105(a) of title 31, United States Code, a future-years 

22 capital investment plan for the Coast Guard that identifies 

23 for each requested capital asset— 

24 (1) the proposed appropriations included in that 

25 budget; 
25 

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1 (2) the total estimated cost of completion, in2 cluding and clearly delineating the costs of associ3 ated major acquisition systems infrastructure and 

4 transition to operations; 

5 (3) projected funding levels for each fiscal year 

6 for the next 5 fiscal years or until acquisition pro7 gram baseline or project completion, whichever is 

8 earlier; 

9 (4) an estimated completion date at the pro10 jected funding levels; and 

11 (5) a current acquisition program baseline for 

12 each capital asset, as applicable, that— 

13 (A) includes the total acquisition cost of 

14 each asset, subdivided by fiscal year and includ15 ing a detailed description of the purpose of the 

16 proposed funding levels for each fiscal year, in17 cluding for each fiscal year funds requested for 

18 design, pre-acquisition activities, production, 

19 structural modifications, missionization, post20 delivery, and transition to operations costs; 

21 (B) includes a detailed project schedule 

22 through completion, subdivided by fiscal year, 

23 that details— 

24 (i) quantities planned for each fiscal 

25 year; and 
26 

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1 (ii) major acquisition and project 

2 events, including development of oper3 ational requirements, contracting actions, 

4 design reviews, production, delivery, test 

5 and evaluation, and transition to oper6 ations, including necessary training, shore 

7 infrastructure, and logistics; 

8 (C) notes and explains any deviations in 

9 cost, performance parameters, schedule, or esti10 mated date of completion from the original ac11 quisition program baseline and the most recent 

12 baseline approved by the Department of Home13 land Security’s Acquisition Review Board, if ap14 plicable; 

15 (D) aligns the acquisition of each asset to 

16 mission requirements by defining existing capa17 bilities of comparable legacy assets, identifying 

18 known capability gaps between such existing ca19 pabilities and stated mission requirements, and 

20 explaining how the acquisition of each asset will 

21 address such known capability gaps; 

22 (E) defines life-cycle costs for each asset 

23 and the date of the estimate on which such 

24 costs are based, including all associated costs of 

25 major acquisitions systems infrastructure and 
27 

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1 transition to operations, delineated by purpose 

2 and fiscal year for the projected service life of 

3 the asset; 

4 (F) includes the earned value management 

5 system summary schedule performance index 

6 and cost performance index for each asset, if 

7 applicable; and 

8 (G) includes a phase-out and decommis9 sioning schedule delineated by fiscal year for 

10 each existing legacy asset that each asset is in11 tended to replace or recapitalize: 

12 Provided further, That the Commandant of the Coast 

13 Guard shall ensure that amounts specified in the future14 years capital investment plan are consistent, to the max15 imum extent practicable, with proposed appropriations 

16 necessary to support the programs, projects, and activities 

17 of the Coast Guard in the President’s budget as submitted 

18 under section 1105(a) of title 31, United States Code, for 

19 that fiscal year: Provided further, That any inconsistencies 

20 between the capital investment plan and proposed appro21 priations shall be identified and justified: Provided further, 

22 That subsections (a) and (b) of section 6402 of Public 

23 Law 110–28 shall apply with respect to the amounts made 

24 available under this heading. 
28 

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1 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

2 For necessary expenses for applied scientific re3 search, development, test, and evaluation; and for mainte4 nance, rehabilitation, lease, and operation of facilities and 

5 equipment; as authorized by law; $19,728,000, to remain 

6 available until September 30, 2017, of which $500,000 

7 shall be derived from the Oil Spill Liability Trust Fund 

8 to carry out the purposes of section 1012(a)(5) of the Oil 

9 Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, 

10 That there may be credited to and used for the purposes 

11 of this appropriation funds received from State and local 

12 governments, other public authorities, private sources, and 

13 foreign countries for expenses incurred for research, devel14 opment, testing, and evaluation. 

15 RETIRED PAY

16 For retired pay, including the payment of obligations 

17 otherwise chargeable to lapsed appropriations for this pur18 pose, payments under the Retired Serviceman’s Family 

19 Protection and Survivor Benefits Plans, payment for ca20 reer status bonuses, concurrent receipts and combat-re21 lated special compensation under the National Defense 

22 Authorization Act, and payments for medical care of re23 tired personnel and their dependents under chapter 55 of 

24 title 10, United States Code, $1,423,000,000, to remain 

25 available until expended. 
29 

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1 UNITED STATES SECRET SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Secret 

4 Service, including purchase of not to exceed 652 vehicles 

5 for police-type use for replacement only; hire of passenger 

6 motor vehicles; purchase of motorcycles made in the 

7 United States; hire of aircraft; services of expert witnesses 

8 at such rates as may be determined by the Director of 

9 the Secret Service; rental of buildings in the District of 

10 Columbia, and fencing, lighting, guard booths, and other 

11 facilities on private or other property not in Government 

12 ownership or control, as may be necessary to perform pro13 tective functions; payment of per diem or subsistence al14 lowances to employees in cases in which a protective as15 signment on the actual day or days of the visit of a 

16 protectee requires an employee to work 16 hours per day 

17 or to remain overnight at a post of duty; conduct of and 

18 participation in firearms matches; presentation of awards; 

19 travel of United States Secret Service employees on pro20 tective missions without regard to the limitations on such 

21 expenditures in this or any other Act if approval is ob22 tained in advance from the Committees on Appropriations 

23 of the Senate and the House of Representatives; research 

24 and development; grants to conduct behavioral research in 

25 support of protective research and operations; and pay-
30 

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1 ment in advance for commercial accommodations as may 

2 be necessary to perform protective functions; 

3 $1,555,913,000, of which not to exceed $19,125 shall be 

4 for official reception and representation expenses; of which 

5 not to exceed $100,000 shall be to provide technical assist6 ance and equipment to foreign law enforcement organiza7 tions in counterfeit investigations; of which $2,366,000 

8 shall be for forensic and related support of investigations 

9 of missing and exploited children; and of which 

10 $6,000,000 shall be for a grant for activities related to 

11 investigations of missing and exploited children and shall 

12 remain available until September 30, 2014: Provided, 

13 That up to $18,000,000 for protective travel shall remain 

14 available until September 30, 2014: Provided further, That 

15 $4,500,000 for National Special Security Events shall re16 main available until September 30, 2014: Provided further, 

17 That the United States Secret Service is authorized to ob18 ligate funds in anticipation of reimbursements from Fed19 eral agencies and entities, as defined in section 105 of title 

20 5, United States Code, for personnel receiving training 

21 sponsored by the James J. Rowley Training Center, except 

22 that total obligations at the end of the fiscal year shall 

23 not exceed total budgetary resources available under this 

24 heading at the end of the fiscal year: Provided further, 

25 That none of the funds made available under this heading 
31 

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1 shall be available to compensate any employee for overtime 

2 in an annual amount in excess of $35,000, except that 

3 the Secretary of Homeland Security, or the designee of 

4 the Secretary, may waive that amount as necessary for 

5 national security purposes: Provided further, That none of 

6 the funds made available to the United States Secret Serv7 ice by this Act or by previous appropriations Acts may 

8 be made available for the protection of the head of a Fed9 eral agency other than the Secretary of Homeland Secu10 rity: Provided further, That the Director of the United 

11 States Secret Service may enter into an agreement to pro12 vide such protection on a fully reimbursable basis: Pro13 vided further, That none of the funds made available to 

14 the United States Secret Service by this Act or by previous 

15 appropriations Acts may be obligated for the purpose of 

16 opening a new permanent domestic or overseas office or 

17 location unless the Committees on Appropriations of the 

18 Senate and the House of Representatives are notified 15 

19 days in advance of such obligation: Provided further, That 

20 for purposes of section 503(b) of this Act, $15,000,000 

21 or 10 percent, whichever is less, may be transferred be22 tween ‘‘protection of persons and facilities’’ and ‘‘domestic 

23 field operations’’. 
32 

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1 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

2 RELATED EXPENSES

3 For necessary expenses for acquisition, construction, 

4 repair, alteration, and improvement of facilities and tech5 nology infrastructure, $56,750,000; of which $4,430,000, 

6 to remain available until September 30, 2017, shall be for 

7 acquisition, construction, improvement, and maintenance 

8 of facilities; and of which $52,320,000, to remain available 

9 until September 30, 2015, shall be for information inte10 gration and technology transformation: Provided, That 

11 $20,000,000 of the funds made available in the preceding 

12 proviso for information integration and technology trans13 formation shall not be obligated to purchase or install in14 formation technology equipment until the Department of 

15 Homeland Security Chief Information Officer submits a 

16 report to the Committees on Appropriations of the Senate 

17 and the House of Representatives certifying that all plans 

18 for integration and transformation are consistent with De19 partment of Homeland Security data center migration and 

20 enterprise architecture requirements. 
33 

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1 TITLE III 

2 PROTECTION, PREPAREDNESS, RESPONSE, AND 

3 RECOVERY 

4 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

5 MANAGEMENT AND ADMINISTRATION

6 For salaries and expenses of the Office of the Under 

7 Secretary for the National Protection and Programs Di8 rectorate, support for operations, and information tech9 nology, $50,321,000: Provided, That not to exceed $3,825 

10 shall be for official reception and representation expenses. 

11 INFRASTRUCTURE PROTECTION AND INFORMATION

12 SECURITY

13 For necessary expenses for infrastructure protection 

14 and information security programs and activities, as au15 thorized by title II of the Homeland Security Act of 2002 

16 (6 U.S.C. 121 et seq.), $1,169,583,000, of which 

17 $200,000,000 shall remain available until September 30, 

18 2014: Provided, That of the funds made available under 

19 this heading, not to exceed $183,638,000 is for 

20 cybersecurity capability improvements related to contin21 uous monitoring of civil Federal computer networks: Pro22 vided further, That of the amount provided in the pre23 ceding proviso, $120,000,000 shall not be obligated until 

24 the Committees on Appropriations of the Senate and the 

25 House of Representatives receive a detailed expenditure 
34 

•S 3216 PCS

1 plan and timeframe for implementation for the program 

2 from the Under Secretary for the National Protection and 

3 Programs Directorate: Provided further, That the Under 

4 Secretary for the National Protection and Programs Di5 rectorate shall submit an expenditure plan for the Office 

6 of Cybersecurity and Communications and an expenditure 

7 plan for the Office of Infrastructure Protection to the 

8 Committees on Appropriations of the Senate and the 

9 House of Representatives not later than 90 days after the 

10 date of enactment of this Act. 

11 FEDERAL PROTECTIVE SERVICE

12 The revenues and collections of security fees credited 

13 to this account shall be available until expended for nec14 essary expenses related to the protection of federally 

15 owned and leased buildings and for the operations of the 

16 Federal Protective Service: Provided, That the Secretary 

17 of Homeland Security and the Director of the Office of 

18 Management and Budget shall certify in writing to the 

19 Committees on Appropriations of the Senate and the 

20 House of Representatives not later than December 31, 

21 2012, that the operations of the Federal Protective Service 

22 will be fully funded in fiscal year 2013 through revenues 

23 and collection of security fees, and shall adjust the fees 

24 to ensure fee collections are sufficient to ensure that the 

25 Federal Protective Service maintains not fewer than 1,371 
35 

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1 full-time equivalent staff and 1,007 full-time equivalent 

2 Police Officers, Inspectors, Area Commanders, and Spe3 cial Agents who, while working, are directly engaged on 

4 a daily basis protecting and enforcing laws at Federal 

5 buildings (referred to as ‘‘in-service field staff’’): Provided 

6 further, That an expenditure plan for fiscal year 2013 

7 shall be provided to the Committees on Appropriations of 

8 the Senate and the House of Representatives not later 

9 than 90 days after the date of enactment of this Act: Pro10 vided further, That the Director of the Federal Protective 

11 Service shall include with the submission of the Presi12 dent’s fiscal year 2014 budget a strategic human capital 

13 plan that aligns fee collections to personnel requirements 

14 based on a current threat assessment. 

15 OFFICE OF HEALTH AFFAIRS

16 For necessary expenses of the Office of Health Af17 fairs, $168,300,000; of which $27,757,000 is for salaries 

18 and expenses and $85,390,000 is for BioWatch oper19 ations: Provided, That of the amount made available under 

20 this heading, $55,153,000 shall remain available until 

21 September 30, 2014, for biosurveillance, BioWatch Gen22 eration 3, chemical defense, medical and health planning 

23 and coordination, and workforce health protection: Pro24 vided further, That of the funds made available under this 

25 heading, no more than $39,904,000 shall be for BioWatch 
36 

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1 Generation 3, of which $28,500,000 shall not be obligated 

2 until the Secretary of Homeland Security certifies to the 

3 Committees on Appropriations of the Senate and the 

4 House of Representatives that the science used to develop 

5 the technology is sound and warrants operational testing 

6 and evaluation: Provided further, That none of the funds 

7 provided under this heading shall be used for pilot pro8 grams for the National Biosurveillance Integration Center 

9 until the Committees on Appropriations of the Senate and 

10 the House of Representatives have received a strategic 

11 plan for the Center and a report that describes how each 

12 pilot program furthers implementation of the plan from 

13 the Assistant Secretary for Health Affairs: Provided fur14 ther, That not to exceed $2,250 shall be for official recep15 tion and representation expenses: Provided further, That 

16 the Assistant Secretary for Health Affairs shall submit an 

17 expenditure plan for fiscal year 2013 to the Committees 

18 on Appropriations of the Senate and the House of Rep19 resentatives not later than 90 days after the date of enact20 ment of this Act. 

21 FEDERAL EMERGENCY MANAGEMENT AGENCY

22 SALARIES AND EXPENSES

23 For necessary expenses of the Federal Emergency 

24 Management Agency, $979,402,000, including activities 

25 authorized by the National Flood Insurance Act of 1968 
37 

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1 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 

2 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

3 seq.), the Cerro Grande Fire Assistance Act of 2000 (divi4 sion C, title I, 114 Stat. 583), the Earthquake Hazards 

5 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the De6 fense Production Act of 1950 (50 U.S.C. App. 2061 et 

7 seq.), sections 107 and 303 of the National Security Act 

8 of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 

9 3 of 1978 (5 U.S.C. App.), the Homeland Security Act 

10 of 2002 (6 U.S.C. 101 et seq.), the Federal Fire Preven11 tion and Control Act of 1974 (15 U.S.C. 2201 et seq.), 

12 and the Post-Katrina Emergency Management Reform 

13 Act of 2006 (Public Law 109–295; 120 Stat. 1394): Pro14 vided, That not to exceed $2,250 shall be for official recep15 tion and representation expenses: Provided further, That 

16 for fiscal year 2013 and thereafter, for purposes of plan17 ning, coordination, execution, and decision making related 

18 to mass evacuation during a disaster, the Governors of the 

19 State of West Virginia and the Commonwealth of Pennsyl20 vania, or their designees, shall be incorporated into efforts 

21 to integrate the activities of Federal, State, and local gov22 ernments in the National Capital Region, as defined in 

23 section 882 of the Homeland Security Act of 2002 (Public 

24 Law 107–296): Provided further, That of the total amount 

25 made available under this heading, $35,180,000 shall be 
38 

•S 3216 PCS

1 for the Urban Search and Rescue Response System, of 

2 which none is available for Federal Emergency Manage3 ment Agency administrative costs; and $5,099,000 shall 

4 be for the Office of National Capital Region Coordination: 

5 Provided further, That of the total amount made available 

6 under this heading, $22,000,000 shall remain available 

7 until September 30, 2014, for capital improvements and 

8 other expenses related to continuity of operations at the 

9 Mount Weather Emergency Operations Center: Provided 

10 further, That of the total amount made available under 

11 this heading, $14,689,000 shall remain available until 

12 September 30, 2014, for expenses related to moderniza13 tion of automated systems: Provided further, That the Ad14 ministrator of the Federal Emergency Management Agen15 cy, in consultation with the Department of Homeland Se16 curity Chief Information Officer, shall submit to the Com17 mittees on Appropriations of the Senate and the House 

18 of Representatives an expenditure plan including results 

19 to date, plans for the program, and a list of projects with 

20 associated funding provided from prior appropriations and 

21 provided by this Act for modernization of automated sys22 tems. 
39 

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1 STATE AND LOCAL PROGRAMS

2 For grants, contracts, cooperative agreements, and 

3 other activities, $1,645,082,000 shall be allocated as fol4 lows: 

5 (1) $470,000,000 shall be for the State Home6 land Security Grant Program under section 2004 of 

7 the Homeland Security Act of 2002 (6 U.S.C. 605): 

8 Provided, That of the amount provided by this para9 graph, $55,000,000 shall be for Operation 

10 Stonegarden: Provided further, That notwithstanding 

11 subsection (c)(4) of such section 2004, for fiscal 

12 year 2013, the Commonwealth of Puerto Rico shall 

13 make available to local and tribal governments 

14 amounts provided to the Commonwealth of Puerto 

15 Rico under this paragraph in accordance with sub16 section (c)(1) of such section 2004. 

17 (2) $676,908,000 shall be for the Urban Area 

18 Security Initiative under section 2003 of the Home19 land Security Act of 2002 (6 U.S.C. 604), of which, 

20 notwithstanding subsection (c)(1) of such section, 

21 $13,000,000 shall be for grants to organizations (as 

22 described under section 501(c)(3) of the Internal 

23 Revenue Code of 1986 and exempt from tax section 

24 501(a) of such code) determined by the Secretary of 
40 

•S 3216 PCS

1 Homeland Security to be at high risk of a terrorist 

2 attack. 

3 (3) $132,000,000 shall be for Public Transpor4 tation Security Assistance, Railroad Security Assist5 ance, and Over-the-Road Bus Security Assistance 

6 under sections 1406, 1513, and 1532 of the Imple7 menting Recommendations of the 9/11 Commission 

8 Act of 2007 (Public Law 110–53; 6 U.S.C. 1135, 

9 1163, and 1182), of which not less than 

10 $13,000,000 shall be for Amtrak security: Provided, 

11 That such public transportation security assistance 

12 shall be provided directly to public transportation 

13 agencies. 

14 (4) $132,000,000 shall be for Port Security 

15 Grants in accordance with 46 U.S.C. 70107. 

16 (5) $234,174,000 shall be for training, exer17 cises, technical assistance, and other programs, of 

18 which $157,991,000 shall be for training of State, 

19 local, and tribal emergency response providers: 

20 Provided, That for grants under paragraphs (1) through 

21 (4), applications for grants shall be made available to eligi22 ble applicants not later than 60 days after the date of en23 actment of this Act, that eligible applicants shall submit 

24 applications not later than 80 days after the grant an25 nouncement, and the Administrator of the Federal Emer-
41 

•S 3216 PCS

1 gency Management Agency shall act within 65 days after 

2 the receipt of an application: Provided further, That not3 withstanding section 2008(a)(11) of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 609(a)(11)), or any other pro5 vision of law, a grantee may use not more than 5 percent 

6 of the amount of a grant made available under this head7 ing for expenses directly related to administration of the 

8 grant: Provided further, That for grants under paragraphs 

9 (1) and (2), the installation of communication towers is 

10 not considered construction of a building or other physical 

11 facility: Provided further, That grantees shall provide re12 ports on their use of funds, as determined necessary by 

13 the Secretary of Homeland Security: Provided further, 

14 That in fiscal year 2013 and thereafter: (a) the Center 

15 for Domestic Preparedness may provide training to emer16 gency response providers from the Federal Government, 

17 foreign governments, or private entities, if the Center for 

18 Domestic Preparedness is reimbursed for the cost of such 

19 training, and any reimbursement under this subsection 

20 shall be credited to the account from which the expendi21 ture being reimbursed was made and shall be available, 

22 without fiscal year limitation, for the purposes for which 

23 amounts in the account may be expended; (b) the head 

24 of the Center for Domestic Preparedness shall ensure that 

25 any training provided under (a) does not interfere with 
42 

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1 the primary mission of the Center to train State and local 

2 emergency response providers; and (c) subject to (b), noth3 ing in (a) prohibits the Center for Domestic Preparedness 

4 from providing training to employees of the Federal Emer5 gency Management Agency in existing chemical, biological, 

6 radiological, nuclear, explosives, mass casualty, and med7 ical surge courses pursuant to 5 U.S.C. 4103 without re8 imbursement for the cost of such training. 

9 FIREFIGHTER ASSISTANCE GRANTS

10 For grants for programs authorized by the Federal 

11 Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 

12 et seq.), $675,000,000, to remain available until Sep13 tember 30, 2014, of which $337,500,000 shall be available 

14 to carry out section 33 of that Act (15 U.S.C. 2229) and 

15 $337,500,000 shall be available to carry out section 34 

16 of that Act (15 U.S.C. 2229a). 

17 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

18 For emergency management performance grants, as 

19 authorized by the National Flood Insurance Act of 1968 

20 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 

21 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

22 seq.), the Earthquake Hazards Reduction Act of 1977 (42 

23 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 

24 1978 (5 U.S.C. App.), $350,000,000. 
43 

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1 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

2 The aggregate charges assessed during fiscal year 

3 2013, as authorized in title III of the Departments of Vet4 erans Affairs and Housing and Urban Development, and 

5 Independent Agencies Appropriations Act, 1999 (42 

6 U.S.C. 5196e), shall not be less than 100 percent of the 

7 amounts anticipated by the Department of Homeland Se8 curity necessary for its radiological emergency prepared9 ness program for the next fiscal year: Provided, That the 

10 methodology for assessment and collection of fees shall be 

11 fair and equitable and shall reflect costs of providing such 

12 services, including administrative costs of collecting such 

13 fees: Provided further, That fees received under this head14 ing shall be deposited in this account as offsetting collec15 tions and will become available for authorized purposes on 

16 October 1, 2013, and remain available until expended. 

17 UNITED STATES FIRE ADMINISTRATION

18 For necessary expenses of the United States Fire Ad19 ministration and for other purposes, as authorized by the 

20 Federal Fire Prevention and Control Act of 1974 (15 

21 U.S.C. 2201 et seq.) and the Homeland Security Act of 

22 2002 (6 U.S.C. 101 et seq.), $44,020,000. 
44 

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1 DISASTER RELIEF FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses in carrying out the Robert 

4 T. Stafford Disaster Relief and Emergency Assistance Act 

5 (42 U.S.C. 5121 et seq.), $6,088,926,000, to remain avail6 able until expended, of which $24,000,000 shall be trans7 ferred to the Department of Homeland Security Office of 

8 Inspector General for audits and investigations related to 

9 disasters: Provided, That the Administrator of the Federal 

10 Emergency Management Agency shall submit an expendi11 ture plan to the Committees on Appropriations of the Sen12 ate and the House of Representatives detailing the use of 

13 the funds made available in this or any other Act for dis14 aster readiness and support not later than 60 days after 

15 the date of enactment of this Act: Provided further, That 

16 the Administrator of the Federal Emergency Management 

17 Agency shall submit to such Committees a quarterly re18 port detailing obligations against the expenditure plan and 

19 a justification for any changes from the initial plan: Pro20 vided further, That the Administrator of the Federal 

21 Emergency Management Agency shall submit to the Com22 mittees on Appropriations of the Senate and the House 

23 of Representatives the following reports, including a spe24 cific description of the methodology and the source data 

25 used in developing such reports: 
45 

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1 (1) an estimate of the following amounts shall 

2 be submitted for the budget year at the time that 

3 the President’s budget is submitted each year under 

4 section 1105(a) of title 31, United States Code: 

5 (A) the unobligated balance of funds to be 

6 carried over from the prior fiscal year to the 

7 budget year; 

8 (B) the unobligated balance of funds to be 

9 carried over from the budget year to the budget 

10 year plus 1; 

11 (C) the amount of obligations for non-cata12 strophic events for the budget year; 

13 (D) the amount of obligations for the 

14 budget year for catastrophic events delineated 

15 by event and by State; 

16 (E) the total amount that has been pre17 viously obligated or will be required for cata18 strophic events delineated by event and by State 

19 for all prior years, the current year, the budget 

20 year, the budget year plus 1, the budget year 

21 plus 2, and the budget year plus 3 and beyond; 

22 (F) the amount of previously obligated 

23 funds that will be recovered for the budget 

24 year; 
46 

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1 (G) the amount that will be required for 

2 obligations for emergencies, as described in sec3 tion 102(1) of the Robert T. Stafford Disaster 

4 Relief and Emergency Assistance Act (42 

5 U.S.C. 5122(1)), major disasters, as described 

6 in section 102(2) of the Robert T. Stafford Dis7 aster Relief and Emergency Assistance Act (42 

8 U.S.C. 5122(2)), fire management assistance 

9 grants, as described in section 420 of the Rob10 ert T. Stafford Disaster Relief and Emergency 

11 Assistance Act (42 U.S.C. 5187), surge activi12 ties, and disaster readiness and support activi13 ties; 

14 (H) the amount required for activities not 

15 covered under section 251(b)(2)(D)(iii) of the 

16 Balanced Budget and Emergency Deficit Con17 trol Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii); 

18 Public Law 99–177); 

19 (2) an estimate or actual amounts, if available, 

20 of the following for the current fiscal year shall be 

21 submitted not later than the fifth day of each 

22 month: 

23 (A) a summary of the amount of appro24 priations made available by source, the trans25 fers executed, the previously allocated funds re-
47 

•S 3216 PCS

1 covered, and the commitments, allocations, and 

2 obligations made; 

3 (B) a table of disaster relief activity delin4 eated by month, including— 

5 (i) the beginning and ending balances; 

6 (ii) the total obligations to include 

7 amounts obligated for fire assistance, 

8 emergencies, surge, and disaster support 

9 activities; 

10 (iii) the obligations for catastrophic 

11 events delineated by event and by State; 

12 and 

13 (iv) the amount of previously obli14 gated funds that are recovered; 

15 (C) a summary of allocations, obligations, 

16 and expenditures for catastrophic events delin17 eated by event; and 

18 (D) the date on which funds appropriated 

19 will be exhausted: 

20 Provided further, That of the amount provided under this 

21 heading, $5,481,000,000 is for major disasters declared 

22 pursuant to the Robert T. Stafford Disaster Relief and 

23 Emergency Assistance Act (42 U.S.C. 5121 et seq.): Pro24 vided further, That the amount in the preceding proviso 

25 is designated by the Congress as being for disaster relief 
48 

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1 pursuant to section 251(b)(2)(D) of the Balanced Budget 

2 and Emergency Deficit Control Act of 1985. 

3 FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

4 For necessary expenses, including administrative 

5 costs, under section 1360 of the National Flood Insurance 

6 Act of 1968 (42 U.S.C. 4101), $97,329,000, and such ad7 ditional sums as may be provided by State and local gov8 ernments or other political subdivisions for cost-shared 

9 mapping activities under section 1360(f)(2) of such Act 

10 (42 U.S.C. 4101(f)(2)), to remain available until ex11 pended. 

12 NATIONAL FLOOD INSURANCE FUND

13 For activities under the National Flood Insurance 

14 Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Dis15 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

16 $171,000,000, which shall be derived from offsetting col17 lections assessed and collected under section 1308(d) of 

18 the National Flood Insurance Act of 1968 (42 U.S.C. 

19 4015(d)); of which not to exceed $22,000,000 shall be 

20 available for salaries and expenses associated with flood 

21 mitigation and flood insurance operations; and not less 

22 than $149,000,000 shall be available for flood plain man23 agement and flood mapping, which shall remain available 

24 until September 30, 2014: Provided, That any additional 

25 fees collected pursuant to section 1308(d) of the National 
49 

•S 3216 PCS

1 Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall 

2 be credited as an offsetting collection to this account, to 

3 be available for flood plain management and flood map4 ping: Provided further, That in fiscal year 2013, no funds 

5 shall be available from the National Flood Insurance Fund 

6 under section 1310 of that Act (42 U.S.C. 4017) in excess 

7 of: 

8 (1) $132,000,000 for operating expenses; 

9 (2) $1,056,602,000 for commissions and taxes 

10 of agents; 

11 (3) such sums as are necessary for interest on 

12 Treasury borrowings; and 

13 (4) $120,000,000, which shall remain available 

14 until expended, for flood mitigation actions; of which 

15 not less than $10,000,000 is for severe repetitive 

16 loss properties under section 1361A of the National 

17 Flood Insurance Act of 1968 (42 U.S.C. 4102a); of 

18 which $10,000,000 shall be for repetitive insurance 

19 claims properties under section 1323 of the National 

20 Flood Insurance Act of 1968 (42 U.S.C. 4030); and 

21 of which $40,000,000 shall be for flood mitigation 

22 assistance under section 1366 of the National Flood 

23 Insurance Act of 1968 (42 U.S.C. 4104c), notwith24 standing subparagraphs (B) and (C) of subsection 

25 (b)(3) and subsection (f) of section 1366 of the Na-
50 

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1 tional Flood Insurance Act of 1968 (42 U.S.C. 

2 4104c) and notwithstanding subsection (a)(7) of sec3 tion 1310 of the National Flood Insurance Act of 

4 1968 (42 U.S.C. 4017): Provided further, That the 

5 amounts collected under section 102 of the Flood 

6 Disaster Protection Act of 1973 (42 U.S.C. 4012a) 

7 and section 1366(i) of the National Flood Insurance 

8 Act of 1968 shall be deposited in the National Flood 

9 Insurance Fund to supplement other amounts speci10 fied as available for section 1366 of the National In11 surance Act of 1968, notwithstanding subsection 

12 (f)(8) of such section 102 (42 U.S.C. 4012a(f)(8)) 

13 and subsection 1366(i) and paragraphs (2) and (3) 

14 of section 1367(b) of the National Flood Insurance 

15 Act of 1968 (42 U.S.C. 4104c(i), 4104d(b)(2)–(3)): 

16 Provided further, That total administrative costs 

17 shall not exceed 4 percent of the total appropriation. 

18 NATIONAL PREDISASTER MITIGATION FUND

19 For the predisaster mitigation grant program under 

20 section 203 of the Robert T. Stafford Disaster Relief and 

21 Emergency Assistance Act (42 U.S.C. 5133), 

22 $35,000,000, to remain available until expended. 

23 EMERGENCY FOOD AND SHELTER

24 To carry out the emergency food and shelter program 

25 pursuant to title III of the McKinney-Vento Homeless As-
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1 sistance Act (42 U.S.C. 11331 et seq.), $150,000,000, to 

2 remain available until expended: Provided, That total ad3 ministrative costs shall not exceed 3.5 percent of the total 

4 amount made available under this heading. 

5 TITLE IV 

6 RESEARCH AND DEVELOPMENT, TRAINING, 

7 AND SERVICES 

8 UNITED STATES CITIZENSHIP AND IMMIGRATION

9 SERVICES

10 For necessary expenses for citizenship and immigra11 tion services, $116,924,000; of which $111,924,000 is for 

12 the E-Verify Program, as described in section 403(a) of 

13 the Illegal Immigration Reform and Immigrant Responsi14 bility Act of 1996 (8 U.S.C. 1324a note), to assist United 

15 States employers with maintaining a legal workforce and 

16 of which $5,000,000 is for immigrant integration grants: 

17 Provided, That notwithstanding any other provision of 

18 law, funds otherwise made available to United States Citi19 zenship and Immigration Services may be used to acquire, 

20 operate, equip, and dispose of up to five vehicles, for re21 placement only, for areas where the Administrator of Gen22 eral Services does not provide vehicles for lease: Provided 

23 further, That the Director of United States Citizenship 

24 and Immigration Services may authorize employees who 

25 are assigned to those areas to use such vehicles to travel 
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1 between the employees’ residences and places of employ2 ment: Provided further, That none of the funds made 

3 available in this Act for grants for immigrant integration 

4 may be used to provide services to aliens who have not 

5 been lawfully admitted for permanent residence. 

6 FEDERAL LAW ENFORCEMENT TRAINING CENTER

7 SALARIES AND EXPENSES

8 For necessary expenses of the Federal Law Enforce9 ment Training Center, including materials and support 

10 costs of Federal law enforcement basic training; the pur11 chase of not to exceed 117 vehicles for police-type use and 

12 hire of passenger motor vehicles; expenses for student ath13 letic and related activities; the conduct of and participa14 tion in firearms matches and presentation of awards; pub15 lic awareness and enhancement of community support of 

16 law enforcement training; room and board for student in17 terns; a flat monthly reimbursement to employees author18 ized to use personal mobile phones for official duties; and 

19 services as authorized by section 3109 of title 5, United 

20 States Code; $228,939,000; of which up to $44,758,000 

21 shall remain available until September 30, 2014, for mate22 rials and support costs of Federal law enforcement basic 

23 training; of which $300,000 shall remain available until 

24 expended to be distributed to Federal law enforcement 

25 agencies for expenses incurred participating in training ac-
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1 creditation; and of which not to exceed $9,180 shall be 

2 for official reception and representation expenses: Pro3 vided, That the Center is authorized to obligate funds in 

4 anticipation of reimbursements from agencies receiving 

5 training sponsored by the Center, except that total obliga6 tions at the end of the fiscal year shall not exceed total 

7 budgetary resources available at the end of the fiscal year: 

8 Provided further, That section 1202(a) of Public Law 

9 107–206 (42 U.S.C. 3771 note), as amended by Public 

10 Law 112–74, is further amended by striking ‘‘December 

11 31, 2014’’ and inserting ‘‘December 31, 2015’’: Provided 

12 further, That the Director of the Federal Law Enforce13 ment Training Center shall schedule basic or advanced law 

14 enforcement training, or both, at all four training facilities 

15 under the control of the Federal Law Enforcement Train16 ing Center to ensure that such training facilities are oper17 ated at the highest capacity throughout the fiscal year: 

18 Provided further, That the Federal Law Enforcement 

19 Training Accreditation Board, including representatives 

20 from the Federal law enforcement community and non21 Federal accreditation experts involved in law enforcement 

22 training, shall lead the Federal law enforcement training 

23 accreditation process to continue the implementation of 

24 measuring and assessing the quality and effectiveness of 
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1 Federal law enforcement training programs, facilities, and 

2 instructors. 

3 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

4 RELATED EXPENSES

5 For acquisition of necessary additional real property 

6 and facilities, construction, and ongoing maintenance, fa7 cility improvements, and related expenses of the Federal 

8 Law Enforcement Training Center, $29,385,000, to re9 main available until September 30, 2017: Provided, That 

10 the Center is authorized to accept reimbursement to this 

11 appropriation from government agencies requesting the 

12 construction of special use facilities. 

13 SCIENCE AND TECHNOLOGY

14 MANAGEMENT AND ADMINISTRATION

15 For salaries and expenses of the Office of the Under 

16 Secretary for Science and Technology and for manage17 ment and administration of programs and activities, as 

18 authorized by title III of the Homeland Security Act of 

19 2002 (6 U.S.C. 181 et seq.), $138,008,000: Provided, 

20 That not to exceed $7,650 shall be for official reception 

21 and representation expenses. 

22 RESEARCH, DEVELOPMENT, ACQUISITION, AND

23 OPERATIONS

24 For necessary expenses for science and technology re25 search, including advanced research projects, development, 
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1 test and evaluation, acquisition, and operations as author2 ized by title III of the Homeland Security Act of 2002 

3 (6 U.S.C. 181 et seq.), and the purchase or lease of not 

4 to exceed 5 vehicles, $693,464,000; of which 

5 $566,032,000 shall remain available until September 30, 

6 2015; and of which $127,432,000 shall remain available 

7 until September 30, 2017, solely for operation and con8 struction of laboratory facilities. 

9 DOMESTIC NUCLEAR DETECTION OFFICE

10 MANAGEMENT AND ADMINISTRATION

11 For salaries and expenses of the Domestic Nuclear 

12 Detection Office, as authorized by title XIX of the Home13 land Security Act of 2002 (6 U.S.C. 591 et seq.), for man14 agement and administration of programs and activities, 

15 $39,692,000: Provided, That not to exceed $2,250 shall 

16 be for official reception and representation expenses: Pro17 vided further, That not later than 60 days after the date 

18 of enactment of this Act, the Secretary of Homeland Secu19 rity shall submit to the Committees on Appropriations of 

20 the Senate and the House of Representatives a strategic 

21 plan of investments necessary to implement the Depart22 ment of Homeland Security’s responsibilities under the do23 mestic component of the global nuclear detection architec24 ture that shall: 
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1 (1) define the role and responsibilities of each 

2 Departmental component in support of the domestic 

3 detection architecture, including any existing or 

4 planned programs to pre-screen cargo or convey5 ances overseas; 

6 (2) identify and describe the specific invest7 ments being made by each Departmental component 

8 in fiscal year 2013 and planned for fiscal year 2014 

9 to support the domestic architecture and the secu10 rity of sea, land, and air pathways into the United 

11 States; 

12 (3) describe the investments necessary to close 

13 known vulnerabilities and gaps, including associated 

14 costs and timeframes, and estimates of feasibility 

15 and cost effectiveness; and 

16 (4) explain how the Department’s research and 

17 development funding is furthering the implementa18 tion of the domestic nuclear detection architecture, 

19 including specific investments planned for each of 

20 fiscal years 2013 and 2014. 

21 RESEARCH, DEVELOPMENT, AND OPERATIONS

22 For necessary expenses for radiological and nuclear 

23 research, development, testing, evaluation, and operations, 

24 $236,830,000, to remain available until September 30, 

25 2015. 
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1 SYSTEMS ACQUISITION

2 For expenses for the Domestic Nuclear Detection Of3 fice acquisition and deployment of radiological detection 

4 systems in accordance with the global nuclear detection 

5 architecture, $51,455,000, to remain available until Sep6 tember 30, 2015. 

7 TITLE V 

8 GENERAL PROVISIONS 

9 SEC. 501. No part of any appropriation contained in 

10 this Act shall remain available for obligation beyond the 

11 current fiscal year unless expressly so provided herein. 

12 SEC. 502. Subject to the requirements of section 503 

13 of this Act, the unexpended balances of prior appropria14 tions provided for activities in this Act may be transferred 

15 to appropriation accounts for such activities established 

16 pursuant to this Act, may be merged with funds in the 

17 applicable established accounts, and thereafter may be ac18 counted for as one fund for the same time period as origi19 nally enacted. 

20 SEC. 503. (a) None of the funds provided by this Act, 

21 provided by previous appropriations Acts to the agencies 

22 in or transferred to the Department of Homeland Security 

23 that remain available for obligation or expenditure in fiscal 

24 year 2013, or provided from any accounts in the Treasury 

25 of the United States derived by the collection of fees avail-
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1 able to the agencies funded by this Act, shall be available 

2 for obligation or expenditure through a reprogramming of 

3 funds that: 

4 (1) creates a new program, project, or activity; 

5 (2) eliminates a program, project, office, or ac6 tivity; 

7 (3) increases funds for any program, project, or 

8 activity for which funds have been denied or re9 stricted by the Congress; 

10 (4) proposes to use funds directed for a specific 

11 activity by either of the Committees on Appropria12 tions of the Senate or the House of Representatives 

13 for a different purpose; or 

14 (5) contracts out any function or activity for 

15 which funding levels were requested for Federal full16 time equivalents in the object classification tables 

17 contained in the fiscal year 2013 Budget Appendix 

18 for the Department of Homeland Security, as modi19 fied by the joint explanatory statement accom20 panying this Act, unless the Committees on Appro21 priations of the Senate and the House of Represent22 atives are notified 15 days in advance of such re23 programming of funds. 

24 (b) None of the funds provided by this Act, provided 

25 by previous appropriations Acts to the agencies in or 
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1 transferred to the Department of Homeland Security that 

2 remain available for obligation or expenditure in fiscal 

3 year 2013, or provided from any accounts in the Treasury 

4 of the United States derived by the collection of fees or 

5 proceeds available to the agencies funded by this Act, shall 

6 be available for obligation or expenditure for programs, 

7 projects, or activities through a reprogramming of funds 

8 in excess of $5,000,000 or 10 percent, whichever is less, 

9 that: 

10 (1) augments existing programs, projects, or ac11 tivities; 

12 (2) reduces by 10 percent funding for any exist13 ing program, project, or activity, or reduces the 

14 numbers of personnel by 10 percent as approved by 

15 the Congress; or 

16 (3) results from any general savings from a re17 duction in personnel that would result in a change 

18 in existing programs, projects, or activities as ap19 proved by the Congress, unless the Committees on 

20 Appropriations of the Senate and the House of Rep21 resentatives are notified 15 days in advance of such 

22 reprogramming of funds. 

23 (c) Not to exceed 5 percent of any appropriation 

24 made available for the current fiscal year for the Depart25 ment of Homeland Security by this Act or provided by 
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1 previous appropriations Acts may be transferred between 

2 such appropriations, but no such appropriation, except as 

3 otherwise specifically provided, shall be increased by more 

4 than 10 percent by such transfers: Provided, That any 

5 transfer under this section shall be treated as a re6 programming of funds under subsection (b) and shall not 

7 be available for obligation unless the Committees on Ap8 propriations of the Senate and the House of Representa9 tives are notified 15 days in advance of such transfer. 

10 (d) Notwithstanding subsections (a), (b), and (c) of 

11 this section, no funds shall be reprogrammed within or 

12 transferred between appropriations after June 30, except 

13 in extraordinary circumstances that imminently threaten 

14 the safety of human life or the protection of property. 

15 (e) The notification thresholds and procedures set 

16 forth in this section shall apply to any use of deobligated 

17 balances of funds provided in previous Department of 

18 Homeland Security Appropriations Acts. 

19 SEC. 504. The Department of Homeland Security 

20 Working Capital Fund, established pursuant to section 

21 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

22 continue operations as a permanent working capital fund 

23 for fiscal year 2013: Provided, That none of the funds ap24 propriated or otherwise made available to the Department 

25 of Homeland Security may be used to make payments to 
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1 the Working Capital Fund, except for the activities and 

2 amounts allowed in the President’s fiscal year 2013 budg3 et: Provided further, That funds provided to the Working 

4 Capital Fund shall be available for obligation until ex5 pended to carry out the purposes of the Working Capital 

6 Fund: Provided further, That all departmental components 

7 shall be charged only for direct usage of each Working 

8 Capital Fund service: Provided further, That funds pro9 vided to the Working Capital Fund shall be used only for 

10 purposes consistent with the contributing component: Pro11 vided further, That the Working Capital Fund shall be 

12 paid in advance or reimbursed at rates which will return 

13 the full cost of each service: Provided further, That the 

14 Working Capital Fund shall be subject to the require15 ments of section 503 of this Act. 

16 SEC. 505. Except as otherwise specifically provided 

17 by law, not to exceed 50 percent of unobligated balances 

18 remaining available at the end of fiscal year 2013 from 

19 appropriations for salaries and expenses for fiscal year 

20 2013 in this Act shall remain available through September 

21 30, 2014, in the account and for the purposes for which 

22 the appropriations were provided: Provided, That prior to 

23 the obligation of such funds, a request shall be submitted 

24 to the Committees on Appropriations of the Senate and 
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1 the House of Representatives for approval in accordance 

2 with section 503 of this Act. 

3 SEC. 506. Funds made available by this Act for intel4 ligence activities are deemed to be specifically authorized 

5 by the Congress for purposes of section 504 of the Na6 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

7 year 2013 until the enactment of an Act authorizing intel8 ligence activities for fiscal year 2013. 

9 SEC. 507. (a) Except as provided in subsections (b) 

10 and (c), none of the funds made available by this Act may 

11 be used to— 

12 (1) make or award a grant allocation, grant, 

13 contract, other transaction agreement, task or deliv14 ery order on a Department of Homeland Security 

15 multiple award contract, or to issue a letter of intent 

16 totaling in excess of $1,000,000; 

17 (2) award a task or delivery order requiring an 

18 obligation of funds in an amount greater than 

19 $10,000,000 from multi-year Department of Home20 land Security funds or a task or delivery order that 

21 would cause cumulative obligations of multi-year 

22 funds in a single account to exceed 50 percent of the 

23 total amount appropriated; or 

24 (3) announce publicly the intention to make or 

25 award items under paragraph (1) or (2), including 
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1 a contract covered by the Federal Acquisition Regu2 lation. 

3 (b) The Secretary of Homeland Security may waive 

4 the prohibition under subsection (a) if the Secretary noti5 fies the Committees on Appropriations of the Senate and 

6 the House of Representatives at least 3 full business days 

7 in advance of making an award or issuing a letter as de8 scribed in that subsection. 

9 (c) If the Secretary of Homeland Security determines 

10 that compliance with this section would pose a substantial 

11 risk to human life, health, or safety, an award may be 

12 made without notification, and the Secretary shall notify 

13 the Committees on Appropriations of the Senate and the 

14 House of Representatives not later than 5 full business 

15 days after such an award is made or letter issued. 

16 (d) A notification under this section— 

17 (1) may not involve funds that are not available 

18 for obligation; and 

19 (2) shall include the amount of the award, the 

20 fiscal year for which the funds for the award were 

21 appropriated, and the account from which the funds 

22 are being drawn. 

23 (e) The Administrator of the Federal Emergency 

24 Management Agency shall brief the Committees on Appro25 priations of the Senate and the House of Representatives 
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1 5 full business days in advance of announcing publicly the 

2 intention of making an award under ‘‘State and Local 

3 Programs’’. 

4 SEC. 508. Notwithstanding any other provision of 

5 law, no agency shall purchase, construct, or lease any ad6 ditional facilities, except within or contiguous to existing 

7 locations, to be used for the purpose of conducting Federal 

8 law enforcement training without the advance approval of 

9 the Committees on Appropriations of the Senate and the 

10 House of Representatives, except that the Federal Law 

11 Enforcement Training Center is authorized to obtain the 

12 temporary use of additional facilities by lease, contract, 

13 or other agreement for training that cannot be accommo14 dated in existing Center facilities. 

15 SEC. 509. None of the funds appropriated or other16 wise made available by this Act may be used for expenses 

17 for any construction, repair, alteration, or acquisition 

18 project for which a prospectus otherwise required under 

19 chapter 33 of title 40, United States Code, has not been 

20 approved, except that necessary funds may be expended 

21 for each project for required expenses for the development 

22 of a proposed prospectus. 

23 SEC. 510. (a) Sections 520 and 530 of the Depart24 ment of Homeland Security Appropriations Act, 2008 (di25 vision E of Public Law 110–161; 121 Stat. 2073 and 
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1 2074) shall apply with respect to funds made available in 

2 this Act in the same manner as such sections applied to 

3 funds made available in that Act. 

4 (b) The third proviso of section 537 of the Depart5 ment of Homeland Security Appropriations Act, 2006 (6 

6 U.S.C. 114), shall not apply with respect to funds made 

7 available in this Act. 

8 SEC. 511. None of the funds made available in this 

9 Act may be used in contravention of the applicable provi10 sions of the Buy American Act (41 U.S.C. 10a et seq.). 

11 SEC. 512. None of the funds made available in this 

12 Act may be used by any person other than the Privacy 

13 Officer appointed under subsection (a) of section 222 of 

14 the Homeland Security Act of 2002 (6 U.S.C. 142(a)) to 

15 alter, direct that changes be made to, delay, or prohibit 

16 the transmission to Congress of any report prepared under 

17 paragraph (6) of such subsection. 

18 SEC. 513. None of the funds made available in this 

19 Act may be used to amend the oath of allegiance required 

20 by section 337 of the Immigration and Nationality Act 

21 (8 U.S.C. 1448). 

22 SEC. 514. Within 45 days after the end of each 

23 month, the Chief Financial Officer of the Department of 

24 Homeland Security shall submit to the Committees on Ap25 propriations of the Senate and the House of Representa-
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1 tives a monthly budget and staffing report for that month 

2 that includes total obligations, on-board versus funded 

3 full-time equivalent staffing levels, and the number of con4 tract employees for each office of the Department. 

5 SEC. 515. None of the funds appropriated by this Act 

6 may be used to process or approve a competition under 

7 Office of Management and Budget Circular A–76 for serv8 ices provided as of June 1, 2004, by employees (including 

9 employees serving on a temporary or term basis) of United 

10 States Citizenship and Immigration Services of the De11 partment of Homeland Security who are known as of that 

12 date as Immigration Information Officers, Contact Rep13 resentatives, or Investigative Assistants. 

14 SEC. 516. Any funds appropriated to Coast Guard 

15 ‘‘Acquisition, Construction, and Improvements’’ for fiscal 

16 years 2002, 2003, 2004, 2005, and 2006 for the 110– 

17 123 foot patrol boat conversion that are recovered, col18 lected, or otherwise received as the result of negotiation, 

19 mediation, or litigation, shall be available until expended 

20 for the Fast Response Cutter program. 

21 SEC. 517. Section 532(a) of Public Law 109–295 

22 (120 Stat. 1384) is amended by striking ‘‘2012’’ and in23 serting ‘‘2013’’. 

24 SEC. 518. The functions of the Federal Law Enforce25 ment Training Center instructor staff shall be classified 
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1 as inherently governmental for the purpose of the Federal 

2 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

3 note). 

4 SEC. 519. (a) Except as provided in subsection (b), 

5 none of the funds appropriated in this or any other Act 

6 to the ‘‘Office of the Secretary and Executive Manage7 ment’’, the ‘‘Office of the Under Secretary for Manage8 ment’’, or the ‘‘Office of the Chief Financial Officer’’, may 

9 be obligated for a grant or contract funded under such 

10 headings by any means other than full and open competi11 tion. 

12 (b) Subsection (a) does not apply to obligation of 

13 funds for a contract awarded— 

14 (1) by a means that is required by a Federal 

15 statute, including obligation for a purchase made 

16 under a mandated preferential program, including 

17 the AbilityOne Program, that is authorized under 

18 the Javits-Wagner-O’Day Act (41 U.S.C. 46 et 

19 seq.); 

20 (2) pursuant to the Small Business Act (15 

21 U.S.C. 631 et seq.); 

22 (3) in an amount less than the simplified acqui23 sition threshold described under section 302A(a) of 

24 the Federal Property and Administrative Services 

25 Act of 1949 (41 U.S.C. 252a(a)); or 
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1 (4) by another Federal agency using funds pro2 vided through an interagency agreement. 

3 (c)(1) Subject to paragraph (2), the Secretary of 

4 Homeland Security may waive the application of this sec5 tion for the award of a contract in the interest of national 

6 security or if failure to do so would pose a substantial risk 

7 to human health or welfare. 

8 (2) Not later than 5 days after the date on which 

9 the Secretary of Homeland Security issues a waiver under 

10 this subsection, the Secretary shall submit notification of 

11 that waiver to the Committees on Appropriations of the 

12 Senate and the House of Representatives, including a de13 scription of the applicable contract to which the waiver 

14 applies and an explanation of why the waiver authority 

15 was used: Provided, That the Secretary may not delegate 

16 the authority to grant such a waiver. 

17 (d) In addition to the requirements established by 

18 subsections (a), (b), and (c) of this section, the Inspector 

19 General of the Department of Homeland Security shall re20 view departmental contracts awarded through means other 

21 than a full and open competition to assess departmental 

22 compliance with applicable laws and regulations: Provided, 

23 That the Inspector General shall review selected contracts 

24 awarded in the previous 3 fiscal years through means 

25 other than a full and open competition: Provided further, 
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1 That in selecting which contracts to review, the Inspector 

2 General shall consider the cost and complexity of the 

3 goods and services to be provided under the contract, the 

4 criticality of the contract to fulfilling Department mis5 sions, past performance problems on similar contracts or 

6 by the selected vendor, complaints received about the 

7 award process or contractor performance, and such other 

8 factors as the Inspector General deems relevant: Provided 

9 further, That the Inspector General shall report the results 

10 of the reviews to the Committees on Appropriations of the 

11 Senate and the House of Representatives no later than 

12 February 4, 2015, and every 3 years thereafter. 

13 SEC. 520. None of the funds provided or otherwise 

14 made available in this Act shall be available to carry out 

15 section 872 of the Homeland Security Act of 2002 (6 

16 U.S.C. 452). 

17 SEC. 521. Funds made available in this Act may be 

18 used to alter operations within the Civil Engineering Pro19 gram of the Coast Guard nationwide, including civil engi20 neering units, facilities design and construction centers, 

21 maintenance and logistics commands, and the Coast 

22 Guard Academy, except that none of the funds provided 

23 in this Act may be used to reduce operations within any 

24 Civil Engineering Unit unless specifically authorized by a 

25 statute enacted after the date of enactment of this Act. 
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1 SEC. 522. None of the funds made available in this 

2 Act may be used by United States Citizenship and Immi3 gration Services to grant an immigration benefit unless 

4 the results of background checks required by law to be 

5 completed prior to the granting of the benefit have been 

6 received by United States Citizenship and Immigration 

7 Services, and the results do not preclude the granting of 

8 the benefit. 

9 SEC. 523. Section 831 of the Homeland Security Act 

10 of 2002 (6 U.S.C. 391) is amended— 

11 (1) in subsection (a), by striking ‘‘Until Sep12 tember 30, 2012,’’ and inserting ‘‘Until September 

13 30, 2013,’’; 

14 (2) in subsection (c)(1), by striking ‘‘September 

15 30, 2012,’’ and inserting ‘‘September 30, 2013,’’. 

16 SEC. 524. The Secretary of Homeland Security shall 

17 require that all contracts of the Department of Homeland 

18 Security that provide award fees link such fees to success19 ful acquisition outcomes (which outcomes shall be speci20 fied in terms of cost, schedule, and performance). 

21 SEC. 525. Notwithstanding any other provision of 

22 law, none of the funds provided in this or any other Act 

23 shall be used to approve a waiver of the navigation and 

24 vessel-inspection laws pursuant to 46 U.S.C. 501(b) for 

25 the transportation of crude oil distributed from the Stra-
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1 tegic Petroleum Reserve until the Secretary of Homeland 

2 Security, after consultation with the Secretaries of the De3 partments of Energy and Transportation and representa4 tives from the United States flag maritime industry, takes 

5 adequate measures to ensure the use of United States flag 

6 vessels: Provided, That the Secretary shall notify the Com7 mittees on Appropriations of the Senate and the House 

8 of Representatives, the Committee on Commerce, Science, 

9 and Transportation of the Senate, and the Committee on 

10 Transportation and Infrastructure of the House of Rep11 resentatives within 2 business days of any request for 

12 waivers of navigation and vessel-inspection laws pursuant 

13 to 46 U.S.C. 501(b). 

14 SEC. 526. None of the funds made available to the 

15 Office of the Secretary and Executive Management under 

16 this Act may be expended for any new hires by the Depart17 ment of Homeland Security that are not verified through 

18 the E-Verify Program as described in section 403(a) of 

19 the Illegal Immigration Reform and Immigrant Responsi20 bility Act of 1996 (8 U.S.C. 1324a note). 

21 SEC. 527. None of the funds in this Act shall be used 

22 to reduce the United States Coast Guard’s Operations 

23 Systems Center mission or its government-employed or 

24 contract staff levels. 
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1 SEC. 528. None of the funds made available in this 

2 Act for U.S. Customs and Border Protection may be used 

3 to prevent an individual not in the business of importing 

4 a prescription drug (within the meaning of section 801(g) 

5 of the Federal Food, Drug, and Cosmetic Act) from im6 porting a prescription drug from Canada that complies 

7 with the Federal Food, Drug, and Cosmetic Act: Provided, 

8 That this section shall apply only to individuals trans9 porting on their person a personal-use quantity of the pre10 scription drug, not to exceed a 90-day supply: Provided 

11 further, That the prescription drug may not be— 

12 (1) a controlled substance, as defined in section 

13 102 of the Controlled Substances Act (21 U.S.C. 

14 802); or 

15 (2) a biological product, as defined in section 

16 351 of the Public Health Service Act (42 U.S.C. 

17 262). 

18 SEC. 529. None of the funds appropriated by this Act 

19 may be used to conduct, or to implement the results of, 

20 a competition under Office of Management and Budget 

21 Circular A–76 for activities performed with respect to the 

22 Coast Guard National Vessel Documentation Center. 

23 SEC. 530. The Secretary of Homeland Security, in 

24 consultation with the Secretary of the Treasury, shall no25 tify the Committees on Appropriations of the Senate and 
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1 the House of Representatives of any proposed transfers 

2 of funds available under section 9703.1(g)(4)(B) of title 

3 31, United States Code (as added by Public Law 102– 

4 393) from the Department of the Treasury Forfeiture 

5 Fund to any agency within the Department of Homeland 

6 Security: Provided, That none of the funds identified for 

7 such a transfer may be obligated until the Committees on 

8 Appropriations of the Senate and the House of Represent9 atives approve the proposed transfers. 

10 SEC. 531. None of the funds made available in this 

11 Act may be used for planning, testing, piloting, or devel12 oping a national identification card. 

13 SEC. 532. (a) Notwithstanding any other provision 

14 of this Act, except as provided in subsection (b), and 30 

15 days after the date on which the President determines 

16 whether to declare a major disaster because of an event 

17 and any appeal is completed, the Administrator shall pub18 lish on the Web site of the Federal Emergency Manage19 ment Agency a report regarding that decision that shall 

20 summarize damage assessment information used to deter21 mine whether to declare a major disaster. 

22 (b) The Administrator may redact from a report 

23 under subsection (a) any data that the Administrator de24 termines would compromise national security. 

25 (c) In this section— 
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1 (1) the term ‘‘Administrator’’ means the Ad2 ministrator of the Federal Emergency Management 

3 Agency; and 

4 (2) the term ‘‘major disaster’’ has the meaning 

5 given that term in section 102 of the Robert T. 

6 Stafford Disaster Relief and Emergency Assistance 

7 Act (42 U.S.C. 5122). 

8 SEC. 533. Any official that is required by this Act 

9 to report or to certify to the Committees on Appropria10 tions of the Senate and the House of Representatives may 

11 not delegate such authority to perform that act unless spe12 cifically authorized herein. 

13 SEC. 534. Section 550(b) of the Department of 

14 Homeland Security Appropriations Act, 2007 (Public Law 

15 109–295; 6 U.S.C. 121 note), as amended by section 550 

16 of the Department of Homeland Security Appropriations 

17 Act, 2010 (Public Law 111–83), is further amended by 

18 striking ‘‘on October 4, 2012’’ and inserting ‘‘on October 

19 4, 2013’’. 

20 SEC. 535. None of the funds appropriated or other21 wise made available in this or any other Act may be used 

22 to transfer, release, or assist in the transfer or release to 

23 or within the United States, its territories, or possessions 

24 Khalid Sheikh Mohammed or any other detainee who— 
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1 (1) is not a United States citizen or a member 

2 of the Armed Forces of the United States; and 

3 (2) is or was held on or after June 24, 2009, 

4 at the United States Naval Station, Guanta ́namo 

5 Bay, Cuba, by the Department of Defense. 

6 SEC. 536. None of the funds made available in this 

7 Act may be used for first-class travel by the employees 

8 of agencies funded by this Act in contravention of sections 

9 301–10.122 through 301.10–124 of title 41, Code of Fed10 eral Regulations. 

11 SEC. 537. None of the funds made available in this 

12 or any other Act for fiscal year 2013 and thereafter may 

13 be used to propose or effect a disciplinary or adverse ac14 tion, with respect to any Department of Homeland Secu15 rity employee who engages regularly with the public in the 

16 performance of his or her official duties solely because that 

17 employee elects to utilize protective equipment or meas18 ures, including but not limited to surgical masks, N95 res19 pirators, gloves, or hand-sanitizers, where use of such 

20 equipment or measures is in accord with Department of 

21 Homeland Security policy, and Centers for Disease Con22 trol and Prevention and Office of Personnel Management 

23 guidance. 

24 SEC. 538. None of the funds made available in this 

25 Act may be used to employ workers described in section 
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1 274A(h)(3) of the Immigration and Nationality Act (8 

2 U.S.C. 1324a(h)(3)). 

3 SEC. 539. (a) Any company that collects or retains 

4 personal information directly from any individual who par5 ticipates in the Registered Traveler program of the Trans6 portation Security Administration shall safeguard and dis7 pose of such information in accordance with the require8 ments in— 

9 (1) the National Institute for Standards and 

10 Technology Special Publication 800–30, entitled 

11 ‘‘Risk Management Guide for Information Tech12 nology Systems’’; 

13 (2) the National Institute for Standards and 

14 Technology Special Publication 800–53, Revision 3, 

15 entitled ‘‘Recommended Security Controls for Fed16 eral Information Systems and Organizations’’; and 

17 (3) any supplemental standards established by 

18 the Administrator of the Transportation Security 

19 Administration (referred to in this section as the 

20 ‘‘Administrator’’). 

21 (b) The airport authority or air carrier operator that 

22 sponsors the company under the Registered Traveler pro23 gram shall be known as the Sponsoring Entity. 

24 (c) The Administrator shall require any company cov25 ered by subsection (a) to provide, not later than 30 days 
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1 after the date of enactment of this Act, to the Sponsoring 

2 Entity written certification that the procedures used by 

3 the company to safeguard and dispose of information are 

4 in compliance with the requirements under subsection (a). 

5 Such certification shall include a description of the proce6 dures used by the company to comply with such require7 ments. 

8 SEC. 540. Notwithstanding any other provision of 

9 this Act, none of the funds appropriated or otherwise 

10 made available by this Act may be used to pay award or 

11 incentive fees for contractor performance that has been 

12 judged to be below satisfactory performance or perform13 ance that does not meet the basic requirements of a con14 tract. 

15 SEC. 541. (a) Not later than 180 days after the date 

16 of enactment of this Act, the Administrator of the Trans17 portation Security Administration shall submit to the 

18 Committees on Appropriations of the Senate and the 

19 House of Representatives, a report that either— 

20 (1) certifies that the requirement for screening 

21 all air cargo on passenger aircraft by the deadline 

22 under section 44901(g) of title 49, United States 

23 Code, has been met; or 
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1 (2) includes a strategy to comply with the re2 quirements under title 44901(g) of title 49, United 

3 States Code, including— 

4 (A) a plan to meet the requirement under 

5 section 44901(g) of title 49, United States 

6 Code, to screen 100 percent of air cargo trans7 ported on passenger aircraft arriving in the 

8 United States in foreign air transportation (as 

9 that term is defined in section 40102 of that 

10 title); and 

11 (B) specification of— 

12 (i) the percentage of such air cargo 

13 that is being screened; and 

14 (ii) the schedule for achieving screen15 ing of 100 percent of such air cargo. 

16 (b) The Administrator shall continue to submit re17 ports described in subsection (a)(2) every 180 days there18 after until the Administrator certifies that the Transpor19 tation Security Administration has achieved screening of 

20 100 percent of such air cargo. 

21 SEC. 542. In developing any process to screen avia22 tion passengers and crews for transportation or national 

23 security purposes, the Secretary of Homeland Security 

24 shall ensure that all such processes take into consideration 
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1 such passengers’ and crews’ privacy and civil liberties con2 sistent with applicable laws, regulations, and guidance. 

3 SEC. 543. (a) Notwithstanding section 1356(n) of 

4 title 8, United States Code, of the funds deposited into 

5 the Immigration Examinations Fee Account, $5,000,000 

6 shall be allocated by United States Citizenship and Immi7 gration Services in fiscal year 2013 for the purpose of pro8 viding an immigrant integration grants program. 

9 (b) None of the funds made available to United 

10 States Citizenship and Immigration Services for grants for 

11 immigrant integration may be used to provide services to 

12 aliens who have not been lawfully admitted for permanent 

13 residence. 

14 SEC. 544. For an additional amount for necessary ex15 penses for reimbursement of the actual costs to State and 

16 local governments for providing emergency management, 

17 public safety, and security at events, as determined by the 

18 Administrator of the Federal Emergency Management 

19 Agency, related to the presence of a National Special Se20 curity Event, $7,500,000, to remain available until Sep21 tember 30, 2014. 

22 SEC. 545. Notwithstanding the 10 percent limitation 

23 contained in section 503(c) of this Act, the Secretary of 

24 Homeland Security may transfer to the fund established 

25 by 8 U.S.C. 1101 note, up to $20,000,000 from appro-
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1 priations available to the Department of Homeland Secu2 rity: Provided, That the Secretary shall notify the Com3 mittees on Appropriations of the Senate and the House 

4 of Representatives 5 days in advance of such transfer. 

5 SEC. 546. None of the funds appropriated or other6 wise made available by this Act may be used by the De7 partment of Homeland Security to enter into any federal 

8 contract unless such contract is entered into in accordance 

9 with the requirements of the Federal Property and Admin10 istrative Services Act of 1949 (41 U.S.C. 253) or Chapter 

11 137 of title 10, United States Code, and the Federal Ac12 quisition Regulation, unless such contract is otherwise au13 thorized by statute to be entered into without regard to 

14 the above referenced statutes. 

15 SEC. 547. (a) For an additional amount for data cen16 ter migration, $64,797,000. 

17 (b) Funds made available in subsection (a) for data 

18 center migration may be transferred by the Secretary of 

19 Homeland Security between appropriations for the same 

20 purpose, notwithstanding section 503 of this Act. 

21 (c) No transfer described in subsection (b) shall occur 

22 until 15 days after the Committees on Appropriations of 

23 the Senate and the House of Representatives are notified 

24 of such transfer. 
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1 SEC. 548. Notwithstanding any other provision of 

2 law, should the Secretary of Homeland Security determine 

3 that specific U.S. Immigration and Customs Enforcement 

4 Service Processing Centers or other U.S. Immigration and 

5 Customs Enforcement owned detention facilities no longer 

6 meet the mission need, the Secretary is authorized to dis7 pose of individual Service Processing Centers or other 

8 U.S. Immigration and Customs Enforcement owned de9 tention facilities by directing the Administrator of General 

10 Services to sell all real and related personal property which 

11 support Service Processing Centers or other U.S. Immi12 gration and Customs Enforcement owned detention facili13 ties, subject to such terms and conditions as necessary to 

14 protect Government interests and meet program require15 ments: Provided, That the proceeds, net of the costs of 

16 sale incurred by the General Services Administration and 

17 U.S. Immigration and Customs Enforcement, shall be de18 posited as offsetting collections into a separate account 

19 that shall be available, subject to appropriation, until ex20 pended for other real property capital asset needs of exist21 ing U.S. Immigration and Customs Enforcement assets, 

22 excluding daily operations and maintenance costs, as the 

23 Secretary deems appropriate: Provided further, That any 

24 sale or collocation of federally owned detention facilities 

25 shall not result in the maintenance of fewer than 33,400 
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1 detention beds: Provided further, That the Committees on 

2 Appropriations of the Senate and the House of Represent3 atives shall be notified 15 days prior to the announcement 

4 of any proposed sale or collocation. 

5 SEC. 549. For an additional amount for the ‘‘Office 

6 of the Under Secretary for Management’’, $89,000,000, 

7 to remain available until expended, for necessary expenses 

8 to plan, acquire, design, construct, renovate, remediate, 

9 equip, furnish, improve infrastructure, and occupy build10 ings and facilities for the department headquarters con11 solidation project and associated mission support consoli12 dation: Provided, That the Committees on Appropriations 

13 of the Senate and the House of Representatives shall re14 ceive an expenditure plan not later than 90 days after the 

15 date of enactment of this Act detailing the allocation of 

16 these funds. 

17 SEC. 550. In making grants under the heading ‘‘Fire18 fighter Assistance Grants’’, the Secretary may grant waiv19 ers from the requirements in subsections (a)(1)(A), 

20 (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)(A) of sec21 tion 34 of the Federal Fire Prevention and Control Act 

22 of 1974 (15 U.S.C. 2229a). 

23 SEC. 551. The Commissioner of U.S. Customs and 

24 Border Protection and the Assistant Secretary of Home25 land Security for U.S. Immigration and Customs Enforce-
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1 ment each shall submit to the Committees on Appropria2 tions of the Senate and the House of Representatives with 

3 the congressional budget justification, a multi-year invest4 ment and management plan, to include each year starting 

5 with the current fiscal year and the 3 subsequent fiscal 

6 years, for their respective Offices of Information Tech7 nology to include for that office— 

8 (1) the funding level by source for all funds to 

9 be executed; 

10 (2) the funding included for each project and 

11 activity tied to mission requirements, program man12 agement capabilities, performance levels, and specific 

13 capabilities and services to be delivered; 

14 (3) the total estimated cost and projected 

15 timeline of completion for all multi-year enhance16 ments, modernizations, and new capabilities pro17 posed in the current fiscal year or underway; and 

18 (4) a detailed accounting of operation and 

19 maintenance costs. 

20 SEC. 552. The Secretary of Homeland Security shall 

21 ensure enforcement of immigration laws (as defined in sec22 tion 101(a)(17) of the Immigration and Nationality Act 

23 (8 U.S.C. 1101(a)(17))). 

24 SEC. 553. Notwithstanding subsection (c) of section 

25 44940 of title 49, United States Code, for the fiscal year 
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1 ending September 30, 2013, fees imposed under sub2 section (a)(1) of such section shall be $5.00 per one-way 

3 trip in air transportation or intrastate air transportation 

4 that originates at an airport in the United States. 

5 SEC. 554. (a) Section 547 of Public Law 111–83 is 

6 amended by striking ‘‘September 30, 2012’’ and inserting 

7 ‘‘September 30, 2015’’. 

8 (b) Section 548 of Public Law 111–83 is amended 

9 by striking ‘‘September 30, 2012’’ and inserting ‘‘Sep10 tember 30, 2015’’. 

11 (c) Section 568(a) and section 568(b) of Public Law 

12 111–83 are amended by striking ‘‘September 30, 2012’’ 

13 and inserting ‘‘September 30, 2015’’. 

14 SEC. 555. (a) Notwithstanding section 58c(e) of title 

15 19, United States Code, upon the request of any persons, 

16 the Commissioner of U.S. Customs and Border Protection 

17 may enter into reimbursable fee agreements for a period 

18 of up to 10 years with such persons for the provision of 

19 U.S. Customs and Border Protection services and any 

20 other costs incurred by U.S. Customs and Border Protec21 tion relating to such services. Such requests may include 

22 additional U.S. Customs and Border Protection services 

23 at existing U.S. Customs and Border Protection-serviced 

24 facilities, the provision of U.S. Customs and Border Pro25 tection services at new facilities and preclearance loca-
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1 tions, and expanded U.S. Customs and Border Protection 

2 services at land border facilities. The Commissioner shall 

3 not enter into such an agreement if it would negatively 

4 impact or alter services funded in this or any other appro5 priations Acts, or provided from any accounts in the 

6 Treasury of the United States derived by the collection 

7 of fees. 

8 (b) Funds collected pursuant to any agreement en9 tered into under this section shall be deposited in the U.S. 

10 Customs and Border Protection ‘‘Salaries and Expenses’’ 

11 account as offsetting collections and remain available until 

12 expended, without fiscal year limitation, and shall be used 

13 to pay for any expenses incurred by U.S. Customs and 

14 Border Protection in providing U.S. Customs and Border 

15 Protection services and any other costs incurred by U.S. 

16 Customs and Border Protection relating to such services. 

17 (c) The amount of the fee to be charged pursuant 

18 to an agreement authorized under subsection (a) of this 

19 section shall be paid by each person requesting U.S. Cus20 toms and Border Protection services and shall include, but 

21 shall not be limited to, the salaries and expenses of indi22 viduals employed by U.S. Customs and Border Protection 

23 to provide such U.S. Customs and Border Protection serv24 ices and other costs incurred by U.S. Customs and Border 
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1 Protection relating to those services, such as temporary 

2 placement or permanent relocation of those individuals. 

3 (d) FAILURE TO PAY FEE.—Any person who, after 

4 notice and demand for payment of any fee charged under 

5 subsection (a) of this section, fails to pay such fee in a 

6 timely manner shall— 

7 (1) be guilty of a misdemeanor, and if convicted 

8 thereof shall pay a fine that does not exceed an 

9 amount equal to 200 percent of such fee; and 

10 (2) be liable for a penalty or liquidated damage 

11 equal to two times the amount of the fee. 

12 Any amount collected pursuant to any agreement entered 

13 into under this subsection shall be deposited into the ac14 count specified under subsection (b) of this section and 

15 shall be available as described therein. 

16 (e) PROVISION OF FACILITIES AND EQUIPMENT.— 

17 Each facility at which such U.S. Customs and Border Pro18 tection services are performed shall provide, maintain, and 

19 equip, without cost to the Government, facilities in accord20 ance with U.S. Customs and Border Protection specifica21 tions. 

22 (f) DEFINITIONS.—For purposes of this section the 

23 terms: 

24 (1) U.S. Customs and Border Protection serv25 ices means any activities of any employee or con-
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1 tractor of U.S. Customs and Border Protection re2 lated to customs and immigration matters. 

3 (2) Person means any natural person or any 

4 corporation, partnership, trust, association, or any 

5 other public or private entity, including any foreign 

6 government or transit authority, or any officer, em7 ployee, or agent thereof. 

8 SEC. 556. (a) The Secretary of Homeland Security 

9 shall submit quarterly reports to the Department of 

10 Homeland Security Inspector General regarding the costs 

11 and contracting procedures related to each conference held 

12 by any departmental component or office during fiscal 

13 year 2013 for which the cost to the United States Govern14 ment was more than $20,000. 

15 (b) Each report submitted shall include, for each con16 ference held during the applicable quarter— 

17 (1) a description of the purpose of that con18 ference; 

19 (2) the number of participants attending that 

20 conference; 

21 (3) a detailed statement of the costs to the 

22 United States Government relating to that con23 ference, including— 

24 (A) the cost of any food or beverages; 
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1 (B) the cost of any audio-visual services; 

2 and 

3 (C) a discussion of the methodology used 

4 to determine which costs relate to that con5 ference; and 

6 (4) a description of the contracting procedures 

7 relating to that conference, including— 

8 (A) whether contracts were awarded on a 

9 competitive basis for that conference; and 

10 (B) a discussion of any cost comparison 

11 conducted by the departmental component or 

12 office in evaluating potential contractors for 

13 that conference. 

14 (c) A grant or contract funded by amounts appro15 priated by this Act may not be used for the purpose of 

16 defraying the costs of a conference that is not directly and 

17 programmatically related to the purpose for which the 

18 grant or contract was awarded, such as a banquet or con19 ference held in connection with planning, training, assess20 ment, review, or other routine purposes related to a 

21 project funded by the grant or contract. 

22 (d) None of the funds made available in this Act may 

23 be used for travel and conference activities that are not 

24 in compliance with Office of Management and Budget 

25 Memorandum M–12–12 dated May 11, 2012. 
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1 SEC. 557. None of the funds made available in this 

2 Act may be used to send or otherwise pay for the attend3 ance of more than 50 employees of a single component 

4 of the Department of Homeland Security, who are sta5 tioned in the United States at any single international 

6 conference unless the Secretary of Homeland Security re7 ports to the Committees on Appropriations of the Senate 

8 and the House of Representatives at least 5 days in ad9 vance that such attendance is important to the national 

10 interest: Provided, That for purposes of this section the 

11 term ‘‘international conference’’ shall mean a conference 

12 occurring outside of the United States attended by rep13 resentatives of the United States Government and of for14 eign governments, international organizations, or non15 governmental organizations. 

16 SEC. 558. Not less than 59 percent from each of the 

17 following appropriations shall be withheld from obligation 

18 until all expenditure plans, investment plans, and acquisi19 tion plans required by this Act are submitted to the Com20 mittees on Appropriations of the Senate and the House 

21 of Representatives: ‘‘Office of the Secretary and Executive 

22 Management’’, ‘‘Office of the Under Secretary for Man23 agement’’, and the ‘‘Office of the Chief Financial Officer’’. 

24 SEC. 559. Notwithstanding any other provision of 

25 this Act or any other provision of law, during the period 
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1 beginning on the date of enactment of this Act and ending 

2 on September 30, 2013, section 204(a)(1)(I) of the Immi3 gration and Nationality Act (8 U.S.C. 1154(a)(1)(I)) is 

4 amended by adding at the end the following: 

5 ‘‘(iv) Each petition filed under this 

6 subparagraph shall be accompanied by a 

7 fee equal to $30. All amounts collected 

8 under this clause shall be covered into the 

9 Treasury as miscellaneous receipts.’’: 

10 Provided, That the Department of State, in consultation 

11 with the Department of Homeland Security, shall report 

12 to the Committees on Appropriations of the Senate and 

13 the House of Representatives not later than 90 days after 

14 the date of enactment of this Act on the steps being taken 

15 to implement the recommendations of GAO–07–1174. 

16 SEC. 560. The Administrator of the Federal Emer17 gency Management Agency shall cancel the liquidated bal18 ances of all remaining uncancelled or partially cancelled 

19 loans disbursed under the Community Disaster Loan Act 

20 of 2005 (Public Law 109–88) and the Emergency Supple21 mental Appropriations Act for Defense, the Global War 

22 on Terror, and Hurricane Recovery, 2006 (Public Law 

23 109–234), as amended by section 4502 of the U.S. Troop 

24 Readiness, Veterans’ Care, Katrina Recovery, and Iraq 

25 Accountability Appropriations Act, 2007 (Public Law 
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1 110–28) to the extent that revenues of the local govern2 ment during the period following the major disaster are 

3 insufficient to meet the budget of the local government, 

4 including additional disaster-related expenses of a munic5 ipal character. In calculating a community’s revenues 

6 while determining cancellation, the Administrator shall ex7 clude revenues for special districts and any other revenues 

8 that are required by law to be disbursed to other units 

9 of local government or used for specific purposes more lim10 ited than the scope allowed by the General Fund. In calcu11 lating a community’s expenses, the Administrator shall in12 clude disaster-related capital expenses for which the com13 munity has not been reimbursed by Federal or insurance 

14 proceeds, debt service expenses, and accrued but unpaid 

15 uncompensated absences (vacation and sick pay). In calcu16 lating the operating deficit of the local government, the 

17 Administrator shall also consider all interfund transfers. 

18 When considering the period following the disaster, the 

19 Administrator may consider a period of 3, 5, or 7 full fis20 cal years after the disaster, beginning on the date of the 

21 declaration, in determining eligibility for cancellation. The 

22 criteria for cancellation do not apply to those loans already 

23 cancelled in full. Applicants shall submit supplemental 

24 documentation in support of their applications for can25 cellation on or before April 30, 2014, and the Adminis-
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1 trator shall issue determinations and resolve any appeals 

2 on or before April 30, 2015. Loans not cancelled in full 

3 shall be repaid not later than September 30, 2035. The 

4 Administrator may use funds provided under Public Law 

5 109–88 to reimburse those communities that have repaid 

6 all or a portion of loans, including interest, provided as 

7 Special Community Disaster Loans under Public Law 

8 109–88 or Public Law 109–234, as amended by section 

9 4502 of Public Law 110–28. Further, the Administrator 

10 may use funds provided under Public Law 109–88 for nec11 essary expenses to carry out this provision. 

12 SEC. 561. (a) Title VII of the Homeland Security Act 

13 of 2002 (6 U.S.C. 101 et seq.) is amended by adding at 

14 the end, the following new section: 

15 ‘‘SEC. 707. DEPARTMENT OF HOMELAND SECURITY FOR16 FEITURE FUND. 

17 ‘‘(a) IN GENERAL.—There is established in the 

18 United States Treasury, a special fund to be known as 

19 the ‘Department of Homeland Security Forfeiture Fund’ 

20 (referred to in this section as the ‘Fund’). 

21 ‘‘(b) USE OF FUNDS.—The Fund shall be available 

22 to the Secretary of Homeland Security (referred to in this 

23 section as ‘the Secretary’), without fiscal year limitation, 

24 with respect to seizures and forfeitures made pursuant to 
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1 any law enforced or administered by the Department, for 

2 the following law enforcement and other purposes: 

3 ‘‘(1)(A) Payment of all proper expenses of sei4 zure (including investigative costs incurred by a De5 partment of Homeland Security law enforcement or6 ganization leading to seizure) or the proceedings of 

7 forfeiture and sale, including the expenses of deten8 tion, inventory, security, maintenance, advertise9 ment, or disposal of the property, and if condemned 

10 by a court and a bond for such costs was not given, 

11 the costs as taxed by the court. 

12 ‘‘(B) Payment for— 

13 ‘‘(i) contract services; 

14 ‘‘(ii) the employment of outside contractors 

15 to operate and manage properties or to provide 

16 other specialized services necessary to dispose of 

17 such properties in an effort to maximize the re18 turn from such properties; and 

19 ‘‘(iii) reimbursing any Federal, State, or 

20 local agency for any expenditures made to per21 form the functions described in this subpara22 graph. 

23 ‘‘(C) Awards of compensation to informers 

24 under section 619 of the Tariff Act of 1930 (19 

25 U.S.C. 1619). 
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1 ‘‘(D) Satisfaction of— 

2 ‘‘(i) liens for freight, charges, and con3 tributions in general average, notice of which 

4 has been filed with the appropriate Customs of5 ficer according to law; and 

6 ‘‘(ii) subject to the discretion of the Sec7 retary, other valid liens and mortgages against 

8 property that has been forfeited pursuant to 

9 any law enforced or administered by a Depart10 ment of Homeland Security law enforcement or11 ganization. To determine the validity of any 

12 such lien or mortgage, the amount of payment 

13 to be made, and to carry out the functions de14 scribed in this subparagraph, the Secretary may 

15 employ and compensate attorneys and other 

16 personnel skilled in State real estate law. 

17 ‘‘(E) Payment of amounts authorized by law 

18 with respect to remission and mitigation. 

19 ‘‘(F) Payment of claims of parties in interest to 

20 property disposed of under section 612(b) of the 

21 Tariff Act of 1930 (19 U.S.C. 1612(b)), in the 

22 amounts applicable to such claims at the time of sei23 zure. 

24 ‘‘(G) Equitable sharing payments made to other 

25 Federal agencies, State and local law enforcement 
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1 agencies, and foreign countries pursuant to section 

2 616(c) of the Tariff Act of 1930 (19 U.S.C. 

3 1616a(c)), section 981 of title 18, or subsection (h) 

4 of this section, and all costs related thereto. 

5 ‘‘(H) Payment for services of experts and con6 sultants needed by a Department of Homeland Secu7 rity law enforcement organization to carry out the 

8 organization’s duties relating to seizure and for9 feiture. 

10 ‘‘(I) Payment of overtime salaries, travel, fuel, 

11 training, equipment, and other similar costs of State 

12 or local law enforcement officers that are incurred in 

13 joint law enforcement operations with a Department 

14 of Homeland Security law enforcement organization. 

15 ‘‘(J) Payment made pursuant to guidelines pro16 mulgated by the Secretary, if such payment is nec17 essary and directly related to seizure and forfeiture 

18 program expenses for— 

19 ‘‘(i) the purchase or lease of automatic 

20 data processing systems (not less than a major21 ity of which use will be related to such pro22 gram); 

23 ‘‘(ii) training; 

24 ‘‘(iii) printing; and 
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1 ‘‘(iv) services, including contracting for 

2 services, directly related to— 

3 ‘‘(I) the identification of forfeitable 

4 assets; 

5 ‘‘(II) the processing of and accounting 

6 for forfeitures; and 

7 ‘‘(III) the storage, maintenance, pro8 tection, and destruction of controlled sub9 stances. 

10 ‘‘(K) Payment for equipment for any vessel, ve11 hicle, or aircraft available for official use by the 

12 United States Coast Guard to enable the vessel, ve13 hicle, or aircraft to assist in law enforcement func14 tions. 

15 ‘‘(L) Payment for any vessel, vehicle, equip16 ment, or aircraft available for official use by a State 

17 or local law enforcement agency to enable the vessel, 

18 vehicle or aircraft to assist in law enforcement func19 tions if the vessel, vehicle or aircraft will be used in 

20 joint law enforcement operations with the United 

21 States Coast Guard. 

22 ‘‘(M) Payment for overtime salaries, travel, 

23 fuel, training, equipment, and other similar costs of 

24 State and local law enforcement operations with the 

25 United States Coast Guard. 
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1 ‘‘(N) Payment for expenses incurred in bringing 

2 vessels into compliance with applicable environ3 mental laws prior to disposal by sinking. 

4 ‘‘(2) At the discretion of the Secretary— 

5 ‘‘(A) payment of awards for information or 

6 assistance leading to a civil or criminal for7 feiture involving any Department of Homeland 

8 Security law enforcement organization partici9 pating in the Fund; 

10 ‘‘(B) purchases of evidence or information 

11 by a Department of Homeland Security law en12 forcement organization with respect to viola13 tions of any law enforced or administered by a 

14 Department of Homeland Security law enforce15 ment organization; 

16 ‘‘(C) payment of costs for publicizing 

17 awards available under section 619 of the Tariff 

18 Act of 1930 (19 U.S.C. 1619); 

19 ‘‘(D) payment for equipment for any ves20 sel, vehicle, or aircraft available for official use 

21 by a Department of Homeland Security law en22 forcement organization to enable the vessel, ve23 hicle, or aircraft to assist in law enforcement 

24 functions, and for other equipment directly re25 lated to seizure or forfeiture, including labora-
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1 tory equipment, protective equipment, commu2 nications equipment, and the operation and 

3 maintenance costs of such equipment; 

4 ‘‘(E) the payment of claims against em5 ployees of the Department of Homeland Secu6 rity settled by the Secretary under section 630 

7 of the Tariff Act of 1930; 

8 ‘‘(F) payment for equipment for any ves9 sel, vehicle, or aircraft available for official use 

10 by a State or local law enforcement agency to 

11 enable the vessel, vehicle, or aircraft to assist in 

12 law enforcement functions if the vessel, vehicle, 

13 or aircraft will be used in joint law enforcement 

14 operations with a Department of Homeland Se15 curity law enforcement organization; 

16 ‘‘(G) reimbursement of private persons for 

17 expenses incurred by such persons in cooper18 ating with a Department of Homeland Security 

19 law enforcement organization in investigations 

20 and undercover law enforcement operations; 

21 ‘‘(H) payment for training foreign law en22 forcement personnel with respect to seizure or 

23 forfeiture activities of the Department of 

24 Homeland Security; and 

25 ‘‘(c) LIMITATIONS.— 
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1 ‘‘(1) Any payment made under subparagraph 

2 (D) or (E) of subsection (b)(1) with respect to a sei3 zure or a forfeiture of property shall not exceed the 

4 value of the property at the time of the seizure. 

5 ‘‘(2) Any payment made under subsection 

6 (b)(1)(G) with respect to a seizure or forfeiture of 

7 property shall not exceed the value of the property 

8 at the time of disposition. 

9 ‘‘(3) The Secretary may exempt the procure10 ment of contract services under the Fund from sec11 tion 3709 of the Revised Statutes of the United 

12 States (41 U.S.C. 5), title III of the Federal Prop13 erty and Administrative Services Act of 1949 (41 

14 U.S.C. 251 et seq.), and other provisions of law as 

15 may be necessary to maintain the security and con16 fidentiality of related criminal investigations. 

17 ‘‘(4) The Secretary shall assure that any equi18 table sharing payment made to a State or local law 

19 enforcement agency pursuant to subsection 

20 (b)(1)(G) and any property transferred to a State or 

21 local law enforcement agency pursuant to subsection 

22 (i)— 

23 ‘‘(A) has a value that bears a reasonable 

24 relationship to the degree of participation of the 

25 State or local agency in the law enforcement ef-
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1 fort resulting in the forfeiture, taking into ac2 count the total value of all property forfeited 

3 and the total law enforcement effort with re4 spect to the violation of law on which the for5 feiture is based; and 

6 ‘‘(B) will serve to encourage further co7 operation between the recipient State or local 

8 agency and Federal law enforcement agencies. 

9 ‘‘(d) DEPOSITS AND CREDITS.—With respect to fiscal 

10 year 2014 and thereafter, there shall be deposited into or 

11 credited to the Fund— 

12 ‘‘(1) all currency forfeited during fiscal year 

13 2014 and thereafter, and all proceeds from forfeit14 ures during fiscal year 2014 and thereafter, under 

15 any law enforced or administered by the Department 

16 of Homeland Security law enforcement organiza17 tions; 

18 ‘‘(2) all income from investments made under 

19 subsection (e); and 

20 ‘‘(3) all amounts representing the equitable 

21 share of the Department of Homeland Security law 

22 enforcement organizations from the forfeiture of 

23 property under any Federal, State, local, or foreign 

24 law. 
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1 ‘‘(e) INVESTMENTS.—Amounts in the Fund, and in 

2 any holding accounts associated with the Fund, which are 

3 not currently needed for the purposes of this section may 

4 be kept on deposit or invested in obligations of, or guaran5 teed by, the United States and all earnings on such invest6 ments shall be deposited in the Fund. 

7 ‘‘(f) REPORTS TO CONGRESS.—The Fund shall be 

8 subject to annual financial audits as authorized in the 

9 Chief Financial Officers Act of 1990 (Public Law 101– 

10 576). The Secretary shall transmit to the Congress, not 

11 later than February 1 of each year copies of the annual 

12 financial audits. 

13 ‘‘(g) ADMINISTRATION.—The Fund shall be adminis14 tered on behalf of the Secretary by the Department of 

15 Homeland Security, Chief Financial Officer who is author16 ized to enter into an agreement with any Federal agency 

17 to manage the operations of the Fund on behalf of the 

18 Department. Payments may be made to the managing 

19 agency from the proceeds of the Fund, not to exceed 1 

20 percent of funds managed on behalf of the Department. 

21 ‘‘(h) APPROPRIATIONS.— 

22 ‘‘(1) There are hereby appropriated from the 

23 Fund such sums as may be necessary to carry out 

24 the purposes described in this section. 
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1 ‘‘(2) There are authorized to be appropriated 

2 from the Fund to carry out the purposes set forth 

3 in this section not to exceed $50,000,000 for each 

4 fiscal year. 

5 ‘‘(3)(A) The Secretary of the Treasury, in co6 ordination with the Secretary of Homeland Security, 

7 shall reserve from the unobligated balances remain8 ing in the Treasury Forfeiture Fund on September 

9 30, 2013, an amount equal to balances resulting 

10 from actions carried out by the Department of 

11 Homeland Security, and such amount shall be trans12 ferred to the Fund on October 1, 2013. Such 

13 amount shall be available for any expenses or activi14 ties authorized under this section. At the end of fis15 cal year 2013, and at the end of each fiscal year 

16 thereafter, the Secretary shall reserve any amounts 

17 that are required to be retained in the Fund to en18 sure the availability of amounts in the subsequent 

19 fiscal year for purposes authorized under subsection 

20 (a). Unobligated balances remaining pursuant to 

21 section 3(B) shall also be carried forward. 

22 ‘‘(B) Super Surplus: Any unobligated balances 

23 in the Fund on October 1, 2013, and on September 

24 30 of each fiscal year thereafter, shall be made avail25 able to the Secretary, without fiscal year limitation, 
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1 for obligation or expenditure in connection with the 

2 law enforcement activities of any Federal agency, in3 cluding a Department of Homeland Security law en4 forcement organization: Provided, That none of the 

5 funds transferred shall be available for obligation 

6 unless the Committees on Appropriations of the Sen7 ate and the House of Representatives are notified at 

8 least 15 days in advance of such transfer. 

9 ‘‘(C) Any obligation or expenditure in excess of 

10 $500,000 with respect to an unobligated balance de11 scribed in subparagraph (B) may not be made by 

12 the Secretary unless the Committees on Appropria13 tions of the Senate and the House of Representa14 tives are notified at least 15 days in advance of such 

15 obligation or expenditure. 

16 ‘‘(i) RETENTION OR TRANSFER OF PROPERTY.— 

17 ‘‘(1) The Secretary may, with respect to any 

18 property forfeited under any law enforced or admin19 istered by the Department of Homeland Security— 

20 ‘‘(A) retain any of the property for official 

21 use; or 

22 ‘‘(B) transfer any of the property to— 

23 ‘‘(i) any other Federal agency; or 

24 ‘‘(ii) any State or local law enforce25 ment agency that participated directly or 
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1 indirectly in the seizure or forfeiture of the 

2 property. 

3 ‘‘(2) The Secretary may transfer any forfeited 

4 personal property or the proceeds of the sale of any 

5 forfeited personal or real property to any foreign 

6 country which participated directly or indirectly in 

7 the seizure or forfeiture of the property, if such a 

8 transfer— 

9 ‘‘(A) is one with which the Secretary of 

10 State has agreed; 

11 ‘‘(B) is authorized in an international 

12 agreement between the United States and the 

13 foreign country; and 

14 ‘‘(C) is made to a country which, if appli15 cable, has been certified under section 481(h) of 

16 the Foreign Assistance Act of 1961 (22 U.S.C. 

17 2291(h)). 

18 ‘‘(3) Nothing in this section shall affect the au19 thority of the Secretary under section 981 of title 18 

20 or section 616 of the Tariff Act of 1930 (19 U.S.C. 

21 1616a). 

22 ‘‘(j) REGULATIONS.—The Secretary may prescribe 

23 such rules and regulations as may be necessary to carry 

24 out this section. 
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1 ‘‘(k) CUSTOMS AND TREASURY FORFEITURE

2 FUNDS.—Notwithstanding any other provision of law dur3 ing any period when forfeited currency and proceeds from 

4 forfeitures under any law enforced or administered by the 

5 Department of Homeland Security, are required to be de6 posited in the Fund pursuant to this section— 

7 ‘‘(1) all moneys required to be deposited in the 

8 Customs Forfeiture Fund or the Treasury For9 feiture Fund pursuant to section 613A of the Tariff 

10 Act of 1930 (19 U.S.C. 1613b) shall instead be de11 posited in the Fund; and 

12 ‘‘(2) no deposits or withdrawals may be made 

13 to or from the Customs Forfeiture Fund pursuant to 

14 section 613A of the Tariff Act of 1930 (19 U.S.C. 

15 1613b). 

16 ‘‘(l) LIMITATION OF LIABILITY.—The United States 

17 shall not be liable in any action relating to property trans18 ferred under this section or under section 616 of the Tariff 

19 Act of 1930 (19 U.S.C. 1616a) if such action is based 

20 on an act or omission occurring after the transfer. 

21 ‘‘(m) AUTHORITY TO WARRANT TITLE.—Following 

22 the completion of procedures for the forfeiture of property 

23 pursuant to any law enforced or administered by the De24 partment of Homeland Security, the Secretary is author25 ized, at the Secretary’s discretion, to warrant clear title 
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1 to any subsequent purchaser or transferee of such for2 feited property. 

3 ‘‘(n) FORFEITED PROPERTY.—For purposes of this 

4 section and notwithstanding section 524(c)(11) of title 28, 

5 United States Code, or any other law, property and cur6 rency shall be deemed to be forfeited pursuant to a law 

7 enforced or administered by a Department of Homeland 

8 Security law enforcement organization if it is forfeited 

9 pursuant to— 

10 ‘‘(1) a judicial forfeiture proceeding when the 

11 underlying seizure was made by an officer of a De12 partment of Homeland Security law enforcement or13 ganization or the property was maintained by a De14 partment of Homeland Security law enforcement or15 ganization; or 

16 ‘‘(2) a civil administrative forfeiture proceeding 

17 conducted by a Department of Homeland Security 

18 law enforcement organization. 

19 ‘‘(o) TRANSFERS TO ATTORNEY GENERAL, SEC20 RETARY OF THE TREASURY, AND POSTMASTER GEN21 ERAL.— 

22 ‘‘(1) The Secretary shall transfer from the 

23 Fund to the Attorney General for deposit in the De24 partment of Justice Assets Forfeiture Fund or the 

25 Secretary of the Treasury for deposit in the Treas-
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1 ury Forfeiture Fund amounts appropriate to reflect 

2 the degree of participation of participating Federal 

3 agencies in the law enforcement effort resulting in 

4 the forfeiture pursuant to laws enforced or adminis5 tered by a Department of Homeland Security law 

6 enforcement organization. For purposes of the pre7 ceding sentence, a ‘participating Federal agency’ is 

8 an agency that participates in the Department of 

9 Justice Assets Forfeiture Fund or the Treasury For10 feiture Fund. 

11 ‘‘(2) The Secretary shall transfer from the 

12 Fund to the Postmaster General for deposit in the 

13 Postal Service Fund amounts appropriate to reflect 

14 the degree of participation of the United States 

15 Postal Service in the law enforcement effort result16 ing in the forfeiture pursuant to laws enforced or 

17 administered by a Department of Homeland Secu18 rity law enforcement organization. 

19 ‘‘(p) DEFINITION.—For purposes of this section the 

20 term ‘Department of Homeland Security law enforcement 

21 organization’ means U.S. Customs and Border Protection, 

22 U.S. Immigration and Customs Enforcement, the United 

23 States Secret Service, the Federal Law Enforcement 

24 Training Center, the United States Coast Guard, and any 
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1 other law enforcement component of the Department of 

2 the Homeland Security so designated by the Secretary.’’. 

3 (b) TECHNICAL AND CONFORMING CHANGES.—The 

4 Homeland Security Act of 2002 is amended in the table 

5 of contents in section 1(b), by adding after section 706 

‘‘Sec. 707. Department of Homeland Security Forfeiture Fund.’’. 

6 VISA WAIVER PROGRAM ENHANCED SECURITY AND

7 REFORM

8 SEC. 562. (a) DEFINITIONS.— 

9 (1) IN GENERAL.—Section 217(c)(1) of the Im10 migration and Nationality Act (8 U.S.C. 1187(c)(1)) 

11 is amended to read as follows: 

12 ‘‘(1) AUTHORITY TO DESIGNATE; DEFINI13 TIONS.— 

14 ‘‘(A) AUTHORITY TO DESIGNATE.—The 

15 Secretary of Homeland Security, in consultation 

16 with the Secretary of State, may designate any 

17 country as a program country if that country 

18 meets the requirements under paragraph (2). 

19 ‘‘(B) DEFINITIONS.—In this subsection: 

20 ‘‘(i) APPROPRIATE CONGRESSIONAL

21 COMMITTEES.—The term ‘appropriate con22 gressional committees’ means— 

23 ‘‘(I) the Committee on Appro24 priations, the Committee on Foreign 

25 Relations, the Committee on Home-
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1 land Security and Governmental Af2 fairs, and the Committee on the Judi3 ciary of the Senate; and 

4 ‘‘(II) the Committee on Appro5 priations, the Committee on Foreign 

6 Affairs, the Committee on Homeland 

7 Security, and the Committee on the 

8 Judiciary of the House of Representa9 tives. 

10 ‘‘(ii) OVERSTAY RATE.— 

11 ‘‘(I) INITIAL DESIGNATION.—The 

12 term ‘overstay rate’ means, with re13 spect to a country being considered 

14 for designation in the program, the 

15 ratio of— 

16 ‘‘(aa) the number of nation17 als of that country who were ad18 mitted to the United States on 

19 the basis of a nonimmigrant visa 

20 under section 101(a)(15)(B) 

21 whose periods of authorized stay 

22 ended during a fiscal year but 

23 who remained unlawfully in the 

24 United States beyond such peri25 ods; to 
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1 ‘‘(bb) the number of nation2 als of that country who were ad3 mitted to the United States on 

4 the basis of a nonimmigrant visa 

5 under section 101(a)(15)(B) 

6 whose periods of authorized stay 

7 ended during that fiscal year. 

8 ‘‘(II) CONTINUING DESIGNA9 TION.—The term ‘overstay rate’ 

10 means, for each fiscal year after ini11 tial designation under this section 

12 with respect to a country, the ratio 

13 of— 

14 ‘‘(aa) the number of nation15 als of that country who were ad16 mitted to the United States 

17 under this section or on the basis 

18 of a nonimmigrant visa under 

19 section 101(a)(15)(B) whose pe20 riods of authorized stay ended 

21 during a fiscal year but who re22 mained unlawfully in the United 

23 States beyond such periods; to 

24 ‘‘(bb) the number of nation25 als of that country who were ad-
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1 mitted to the United States 

2 under this section or on the basis 

3 of a nonimmigrant visa under 

4 section 101(a)(15)(B) whose pe5 riods of authorized stay ended 

6 during that fiscal year. 

7 ‘‘(III) COMPUTATION OF OVER8 STAY RATE.—In determining the over9 stay rate for a country, the Secretary 

10 of Homeland Security may utilize in11 formation from any available data12 bases to ensure the accuracy of such 

13 rate. 

14 ‘‘(iii) PROGRAM COUNTRY.—The term 

15 ‘program country’ means a country des16 ignated as a program country under sub17 paragraph (A).’’. 

18 (2) TECHNICAL AND CONFORMING AMEND19 MENTS.—Section 217 of the Immigration and Na20 tionality Act (8 U.S.C. 1187) is amended— 

21 (A) by striking ‘‘Attorney General’’ each 

22 place the term appears (except in subsection 

23 (c)(11)(B)) and inserting ‘‘Secretary of Home24 land Security’’; and 

25 (B) in subsection (c)— 
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1 (i) in paragraph (2)(C)(iii), by strik2 ing ‘‘Committee on the Judiciary and the 

3 Committee on International Relations of 

4 the House of Representatives and the 

5 Committee on the Judiciary and the Com6 mittee on Foreign Relations of the Senate’’ 

7 and inserting ‘‘appropriate congressional 

8 committees’’; 

9 (ii) in paragraph (5)(A)(i)(III), by 

10 striking ‘‘Committee on the Judiciary, the 

11 Committee on Foreign Affairs, and the 

12 Committee on Homeland Security, of the 

13 House of Representatives and the Com14 mittee on the Judiciary, the Committee on 

15 Foreign Relations, and the Committee on 

16 Homeland Security and Governmental Af17 fairs of the Senate’’ and inserting ‘‘appro18 priate congressional committees’’; and 

19 (iii) in paragraph (7), by striking sub20 paragraph (E). 

21 (b) DESIGNATION OF PROGRAM COUNTRIES BASED

22 ON OVERSTAY RATES.— 

23 (1) IN GENERAL.—Section 217(c)(2)(A) of the 

24 Immigration and Nationality Act (8 U.S.C. 

25 1187(c)(2)(A)) is amended to read as follows: 
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1 ‘‘(A) GENERAL NUMERICAL LIMITA2 TIONS.— 

3 ‘‘(i) LOW NONIMMIGRANT VISA RE4 FUSAL RATE.—The percentage of nationals 

5 of that country refused nonimmigrant visas 

6 under section 101(a)(15)(B) during the 

7 previous full fiscal year was not more than 

8 3 percent of the total number of nationals 

9 of that country who were granted or re10 fused nonimmigrant visas under such sec11 tion during such year. 

12 ‘‘(ii) LOW NONIMMIGRANT OVERSTAY

13 RATE.—The overstay rate for that country 

14 was not more than 3 percent during the 

15 previous fiscal year.’’. 

16 (2) QUALIFICATION CRITERIA.—Section 

17 217(c)(3) of such Act (8 U.S.C. 1187(c)(3)) is 

18 amended to read as follows: 

19 ‘‘(3) QUALIFICATION CRITERIA.—After designa20 tion as a program country under paragraph (2), a 

21 country may not continue to be designated as a pro22 gram country unless the Secretary of Homeland Se23 curity, in consultation with the Secretary of State, 

24 determines, pursuant to the requirements under 
114 

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1 paragraph (5), that the designation will be contin2 ued.’’. 

3 (3) INITIAL PERIOD.—Section 217(c), as 

4 amended by this Act, is further amended by striking 

5 paragraph (4). 

6 (4) CONTINUING DESIGNATION.—Section 

7 217(c)(5)(A)(i)(II) of such Act (8 U.S.C. 

8 1187(c)(5)(A)(i)(II)) is amended to read as follows: 

9 ‘‘(II) shall determine, based upon 

10 the evaluation in subclause (I), wheth11 er any such designation under sub12 section (d) or (f), or probation under 

13 subsection (f), ought to be continued 

14 or terminated;’’. 

15 (5) COMPUTATION OF VISA REFUSAL RATES; 

16 JUDICIAL REVIEW.—Section 217(c)(6) of such Act 

17 (8 U.S.C. 1187(c)(6)) is amended to read as follows: 

18 ‘‘(6) COMPUTATION OF VISA REFUSAL RATES

19 AND JUDICIAL REVIEW.— 

20 ‘‘(A) COMPUTATION OF VISA REFUSAL

21 RATES.—For purposes of determining the eligi22 bility of a country to be designated as a pro23 gram country, the calculation of visa refusal 

24 rates shall not include any visa refusals which 

25 incorporate any procedures based on, or are 
115 

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1 otherwise based on, race, sex, or disability, un2 less otherwise specifically authorized by law or 

3 regulation. 

4 ‘‘(B) JUDICIAL REVIEW.—No court shall 

5 have jurisdiction under this section to review 

6 any visa refusal, the Secretary of State’s com7 putation of a visa refusal rate, the Secretary of 

8 Homeland Security’s computation of an over9 stay rate, or the designation or nondesignation 

10 of a country as a program country.’’. 

11 (6) VISA WAIVER INFORMATION.—Section 

12 217(c)(7) of such Act (8 U.S.C. 1187(c)(7)) is 

13 amended— 

14 (A) by striking subparagraphs (B) through 

15 (E); and 

16 (B) by striking ‘‘waiver information’’ 

17 and all that follows through ‘‘In refusing’’ and 

18 inserting ‘‘waiver information.—In refus19 ing’’. 

20 (7) WAIVER AUTHORITY.—Section 217(c)(8) of 

21 such Act (8 U.S.C. 1187(c)(8)) is amended to read 

22 as follows: 

23 ‘‘(8) WAIVER AUTHORITY.—The Secretary of 

24 Homeland Security, in consultation with the Sec-
116 

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1 retary of State, may waive the application of para2 graph (2)(A)(i) for a country if— 

3 ‘‘(A) the country meets all other require4 ments of paragraph (2); 

5 ‘‘(B) the Secretary of Homeland Security 

6 determines that the totality of the country’s se7 curity risk mitigation measures provide assur8 ance that the country’s participation in the pro9 gram would not compromise the law enforce10 ment, security interests, or enforcement of the 

11 immigration laws of the United States; 

12 ‘‘(C) there has been a general downward 

13 trend in the percentage of nationals of the 

14 country refused nonimmigrant visas under sec15 tion 101(a)(15)(B); 

16 ‘‘(D) the country consistently cooperated 

17 with the Government of the United States on 

18 counterterrorism initiatives, information shar19 ing, preventing terrorist travel, and extradition 

20 to the United States of individuals (including 

21 the country’s own nationals) who commit 

22 crimes that violate United States law before the 

23 date of its designation as a program country, 

24 and the Secretary of Homeland Security and 
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1 the Secretary of State assess that such coopera2 tion is likely to continue; 

3 ‘‘(E) the percentage of nationals of the 

4 country refused a nonimmigrant visa under sec5 tion 101(a)(15)(B) during the previous full fis6 cal year was not more than 10 percent of the 

7 total number of nationals of that country who 

8 were granted or refused such nonimmigrant 

9 visas; and 

10 ‘‘(F) EFFECTIVE PERIOD.—The amend11 ments made by this subsection shall be in effect 

12 during the period beginning on the date of en13 actment of this Act and ending on September 

14 30, 2014.’’. 

15 (c) TERMINATION OF DESIGNATION; PROBATION.— 

16 Section 217(f) of the Immigration and Nationality Act (8 

17 U.S.C. 1187(f)) is amended to read as follows: 

18 ‘‘(f) TERMINATION OF DESIGNATION; PROBATION.— 

19 ‘‘(1) DEFINITIONS.—In this subsection: 

20 ‘‘(A) PROBATIONARY PERIOD.—The term 

21 ‘probationary period’ means the fiscal year in 

22 which a probationary country is placed in pro23 bationary status under this subsection. 
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1 ‘‘(B) PROGRAM COUNTRY.—The term ‘pro2 gram country’ has the meaning given that term 

3 in subsection (c)(1)(B). 

4 ‘‘(2) DETERMINATION, NOTICE, AND INITIAL

5 PROBATIONARY PERIOD.— 

6 ‘‘(A) DETERMINATION OF PROBATIONARY

7 STATUS AND NOTICE OF NONCOMPLIANCE.—As 

8 part of each program country’s periodic evalua9 tion required by subsection (c)(5)(A), the Sec10 retary of Homeland Security shall determine 

11 whether a program country is in compliance 

12 with the program requirements under subpara13 graphs (A)(ii) through (F) of subsection (c)(2). 

14 ‘‘(B) INITIAL PROBATIONARY PERIOD.—If 

15 the Secretary of Homeland Security determines 

16 that a program country visa is not in compli17 ance with the program requirements under sub18 paragraphs (A)(ii) through (F) of subsection 

19 (c)(2), the Secretary of Homeland Security 

20 shall place the program country in probationary 

21 status for the fiscal year following the fiscal 

22 year in which the periodic evaluation is com23 pleted. 

24 ‘‘(3) ACTIONS AT THE END OF THE INITIAL

25 PROBATIONARY PERIOD.—At the end of the initial 
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1 probationary period of a country under paragraph 

2 (2)(B), the Secretary of Homeland Security shall 

3 take one of the following actions: 

4 ‘‘(A) COMPLIANCE DURING INITIAL PROBA5 TIONARY PERIOD.—If the Secretary determines 

6 that all instances of noncompliance with the 

7 program requirements under subparagraphs 

8 (A)(ii) through (F) of subsection (c)(2) that 

9 were identified in the latest periodic evaluation 

10 have been remedied by the end of the initial 

11 probationary period, the Secretary shall end the 

12 country’s probationary period. 

13 ‘‘(B) NONCOMPLIANCE DURING INITIAL

14 PROBATIONARY PERIOD.—If the Secretary de15 termines that any instance of noncompliance 

16 with the program requirements under subpara17 graphs (A)(ii) through (F) of subsection (c)(2) 

18 that were identified in the latest periodic eval19 uation has not been remedied by the end of the 

20 initial probationary period— 

21 ‘‘(i) the Secretary may terminate the 

22 country’s participation in the program; or 

23 ‘‘(ii) on an annual basis, the Secretary 

24 may continue the country’s probationary 

25 status if the Secretary, in consultation 
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1 with the Secretary of State, determines 

2 that the country’s continued participation 

3 in the program is in the national interest 

4 of the United States. 

5 ‘‘(4) ACTIONS AT THE END OF ADDITIONAL

6 PROBATIONARY PERIODS.—At the end of all proba7 tionary periods granted to a country pursuant to 

8 paragraph (3)(B)(ii), the Secretary shall take 1 of 

9 the following actions: 

10 ‘‘(A) COMPLIANCE DURING ADDITIONAL

11 PERIOD.—The Secretary shall end the country’s 

12 probationary status if the Secretary determines 

13 during the latest periodic evaluation required by 

14 subsection (c)(5)(A) that the country is in com15 pliance with the program requirements under 

16 subparagraphs (A)(ii) through (F) of subsection 

17 (c)(2). 

18 ‘‘(B) NONCOMPLIANCE DURING ADDI19 TIONAL PERIODS.—The Secretary shall termi20 nate the country’s participation in the program 

21 if the Secretary determines during the latest 

22 periodic evaluation required by subsection 

23 (c)(5)(A) that the program country continues to 

24 be in noncompliance with the program require-
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1 ments under subparagraphs (A)(ii) through (F) 

2 of subsection (c)(2). 

3 ‘‘(5) EFFECTIVE DATE.—The termination of a 

4 country’s participation in the program under para5 graph (3)(B) or (4)(B) shall take effect on the first 

6 day of the first fiscal year following the fiscal year 

7 in which the Secretary determines that such partici8 pation shall be terminated. Until such date, nation9 als of the country shall remain eligible for a waiver 

10 under subsection (a). 

11 ‘‘(6) TREATMENT OF NATIONALS AFTER TERMI12 NATION.—For purposes of this subsection and sub13 section (d)— 

14 ‘‘(A) nationals of a country whose designa15 tion is terminated under paragraph (3) or (4) 

16 shall remain eligible for a waiver under sub17 section (a) until the effective date of such ter18 mination; and 

19 ‘‘(B) a waiver under this section that is 

20 provided to such a national for a period de21 scribed in subsection (a)(1) shall not, by such 

22 termination, be deemed to have been rescinded 

23 or otherwise rendered invalid, if the waiver is 

24 granted prior to such termination. 
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1 ‘‘(7) CONSULTATIVE ROLE OF THE SECRETARY

2 OF STATE.—In this subsection, references to sub3 paragraphs (A)(ii) through (F) of subsection (c)(2) 

4 and subsection (c)(5)(A) carry with them the con5 sultative role of the Secretary of State as provided 

6 in those provisions.’’. 

7 (d) REVIEW OF OVERSTAY TRACKING METHOD8 OLOGY.—Not later than 180 days after the date of the 

9 enactment of this Act, the Comptroller General of the 

10 United States shall conduct a review of the methods used 

11 by the Secretary of Homeland Security— 

12 (1) to track aliens entering and exiting the 

13 United States; and 

14 (2) to detect any such alien who stays longer 

15 than such alien’s period of authorized admission. 

16 (e) EVALUATION OF ELECTRONIC SYSTEM FOR

17 TRAVEL AUTHORIZATION.—Not later than 90 days after 

18 the date of the enactment of this Act, the Secretary of 

19 Homeland Security shall submit to Congress— 

20 (1) an evaluation of the security risks of aliens 

21 who enter the United States without an approved 

22 Electronic System for Travel Authorization 

23 verification; and 

24 (2) a description of any improvements needed 

25 to minimize the number of aliens who enter the 
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1 United States without the verification described in 

2 paragraph (1). 

3 (f) SENSE OF CONGRESS ON PRIORITY FOR REVIEW

4 OF PROGRAM COUNTRIES.—It is the sense of Congress 

5 that the Secretary of Homeland Security, in the process 

6 of conducting evaluations of countries participating in the 

7 visa waiver program under section 217 of the Immigration 

8 and Nationality Act (8 U.S.C. 1187), should prioritize the 

9 reviews of countries in which circumstances indicate that 

10 such a review is necessary or desirable. 

11 SEC. 563. None of the funds made available under 

12 this Act may be used by a Federal law enforcement officer 

13 to facilitate the transfer of an operable firearm to an indi14 vidual if the Federal law enforcement officer knows or sus15 pects that the individual is an agent of a drug cartel unless 

16 law enforcement personnel of the United States continu17 ously monitor or control the firearm at all times. 

18 SEC. 564. The Inspector General shall review the ap19 plications for public assistance provided through the Dis20 aster Relief Fund with a project cost that exceeds 

21 $10,000,000 and the resulting decisions issued by the 

22 Federal Emergency Management Agency for category A 

23 debris removal for DR–1786 upon receipt of a request 

24 from an applicant made no earlier than 90 days after fil25 ing an appeal with the Federal Emergency Management 
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1 Agency without regard to whether the Administrator of 

2 the Federal Emergency Management Agency has issued 

3 a final agency determination on the application for assist4 ance: Provided, That not later than 180 days after the 

5 date of such request, the Inspector General shall deter6 mine whether the Federal Emergency Management Agen7 cy correctly applied its rules and regulations to determine 

8 eligibility of the applicant’s claim: Provided further, That 

9 if the Inspector General finds that the Federal Emergency 

10 Management Agency determinations related to eligibility 

11 and cost involved a misapplication of its rules and regula12 tions, the applicant may submit the dispute to the arbitra13 tion process established under the authority granted under 

14 section 601 of Public Law 111–5 not later than 15 days 

15 after the date of issuance of the Inspector General’s find16 ing in the previous proviso: Provided further, That if the 

17 Inspector General finds that the Federal Emergency Man18 agement Agency provided unauthorized funding, that the 

19 Federal Emergency Management Agency shall take cor20 rective action. 

21 (RESCISSIONS)

22 SEC. 565. Of the funds appropriated or transferred 

23 to the Department of Homeland Security, the following 

24 unobligated balances are hereby rescinded from the fol25 lowing accounts and programs in the specified amounts: 
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1 (1) $1,800,000 from ‘‘Analysis and Oper2 ations’’; 

3 (2) $92,000,000 from funds made available in 

4 Public Law 112–10 and Public Law 112–74 under 

5 the heading U.S. Customs and Border Protection, 

6 ‘‘Border Security Fencing, Infrastructure, and Tech7 nology’’; 

8 (3) $25,000,000 from Public Law 111–83 

9 under the heading Coast Guard ‘‘Acquisition, Con10 struction, and Improvements’’; 

11 (4) $34,000,000 from Public Law 112–10 

12 under the heading Coast Guard ‘‘Acquisition, Con13 struction, and Improvements’’; 

14 (5) $21,667,000 from Transportation Security 

15 Administration, ‘‘Surface Transportation Security’’; 

16 and 

17 (6) $995,654 from the Working Capital Fund 

18 from funds transferred to the Department of Home19 land Security when it was created in 2003. 

20 SEC. 566. Of the funds provided in Public Law 110– 

21 161, Public Law 110–329, and Public Law 111–83, under 

22 the heading ‘‘National Predisaster Mitigation Fund’’ for 

23 congressionally directed spending items, $12,000,000 are 

24 rescinded from projects for which no applications were 
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1 submitted or from projects which were completed for an 

2 amount less than that appropriated. 

3 SEC. 567. Of the funds transferred to the Depart4 ment of Homeland Security when it was created in 2003, 

5 the following funds are hereby rescinded from the fol6 lowing accounts and programs in the specified amounts: 

7 (1) $1,328,215 from Department of Homeland 

8 Security ‘‘Office for Domestic Preparedness’’; and 

9 (2) $3,006,562 from Federal Emergency Man10 agement Agency ‘‘National Predisaster Mitigation 

11 Fund’’. 

12 This Act may be cited as the ‘‘Department of Home13 land Security Appropriations Act, 2013’’. 

Calendar No. 409 

112TH CONGRESS 

2D SESSION S. 3216 

[Report No. 112–169] 

A BILL 

Making appropriations for the Department of 

September 30, 2013, and for other purposes. Homeland Security for the fiscal year ending 

MAY 22, 2012 

Read twice and placed on the calendar