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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3216 Placed on Calendar Senate (PCS)]

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2013, and for other purposes, namely:

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

                        Departmental Operations

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $133,351,000:  Provided, That 
not to exceed $45,900 shall be for official reception and 
representation expenses:  Provided further, That all official costs 
associated with the use of government aircraft by Department of 
Homeland Security personnel to support official travel of the Secretary 
and the Deputy Secretary shall be paid from amounts made available for 
the Immediate Office of the Secretary and the Immediate Office of the 
Deputy Secretary:  Provided further, That the Assistant Secretary for 
Policy shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives not later than 90 days after the date 
of enactment of this Act, an expenditure plan for the Office of Policy.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701 through 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 341 through 345), $220,270,000, of which 
not to exceed $2,250 shall be for official reception and representation 
expenses:  Provided, That of the total amount made available under this 
heading, $5,448,000 shall remain available until September 30, 2017, 
solely for the alteration and improvement of facilities, tenant 
improvements, and relocation costs to consolidate Department 
headquarters operations at the Nebraska Avenue Complex; and $9,689,000 
shall remain available until September 30, 2015, for the Human 
Resources Information Technology program:  Provided further, That the 
Under Secretary for Management shall, pursuant to the requirements 
contained in the joint statement of managers accompanying Public Law 
112-74, provide to the Committees on Appropriations of the Senate and 
the House of Representatives a Comprehensive Acquisition Status Report 
with the President's budget for fiscal year 2014 as submitted under 
section 1105(a) of title 31, United States Code, and quarterly updates 
to such report not later than 30 days after the completion of each 
quarter.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), $53,714,000, of which $5,000,000 shall remain 
available until expended for financial systems modernization efforts.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$247,846,000; of which $120,670,000 shall be available for salaries and 
expenses; and of which $127,176,000, to remain available until 
September 30, 2015, shall be available for development and acquisition 
of information technology equipment, software, services, and related 
activities for the Department of Homeland Security:  Provided, That the 
Department of Homeland Security Chief Information Officer shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives, at the time that the President's budget is submitted 
each year under section 1105(a) of title 31, United States Code, a 
multi-year investment and management plan, to include each of fiscal 
years 2013 through 2016, for all information technology acquisition 
projects funded under this heading or funded by multiple components of 
the Department of Homeland Security through reimbursable agreements, 
that includes--
            (1) the proposed appropriations included for each project 
        and activity tied to mission requirements, program management 
        capabilities, performance levels, and specific capabilities and 
        services to be delivered;
            (2) the total estimated cost and projected timeline of 
        completion for all multi-year enhancements, modernizations, and 
        new capabilities that are proposed in such budget or underway;
            (3) a detailed accounting of operations and maintenance and 
        contractor services costs; and
            (4) a current acquisition program baseline for each 
        project, that--
                    (A) notes and explains any deviations in cost, 
                performance parameters, schedule, or estimated date of 
                completion from the original acquisition program 
                baseline;
                    (B) aligns the acquisition programs covered by the 
                baseline to mission requirements by defining existing 
                capabilities, identifying known capability gaps between 
                such existing capabilities and stated mission 
                requirements, and explaining how each increment will 
                address such known capability gaps; and
                    (C) defines life-cycle costs for such programs.

                        Analysis and Operations

    For necessary expenses for intelligence analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $323,782,000; of which not 
to exceed $3,825 shall be for official reception and representation 
expenses; and of which $43,822,000 shall remain available until 
September 30, 2014.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $122,664,000 of which not to exceed $300,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, agricultural inspections and regulatory 
activities related to plant and animal imports, and transportation of 
unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500 
for replacement only) police-type vehicles; and contracting with 
individuals for personal services abroad; $8,769,870,000; of which 
$3,285,000 shall be derived from the Harbor Maintenance Trust Fund for 
administrative expenses related to the collection of the Harbor 
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 
of which not to exceed $34,425 shall be for official reception and 
representation expenses; of which not less than $287,849,000 shall be 
for Air and Marine Operations; of which such sums as become available 
in the Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of 
which not to exceed $150,000 shall be available for payment for rental 
space in connection with preclearance operations; of which not to 
exceed $1,000,000 shall be for awards of compensation to informants, to 
be accounted for solely under the certificate of the Secretary of 
Homeland Security:  Provided, That for fiscal year 2013, the overtime 
limitation prescribed in section 5(c)(1) of the Act of February 13, 
1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any 
other provision of law, none of the funds appropriated by this Act may 
be available to compensate any employee of U.S. Customs and Border 
Protection for overtime, from whatever source, in an amount that 
exceeds such limitation, except in individual cases determined by the 
Secretary of Homeland Security, or the designee of the Secretary, to be 
necessary for national security purposes, to prevent excessive costs, 
or in cases of immigration emergencies:  Provided further, That the 
Border Patrol shall maintain an active duty presence of not less than 
21,370 full-time equivalent agents protecting the borders of the United 
States in the fiscal year.

                        automation modernization

    For expenses for U.S. Customs and Border Protection automated 
systems, $327,526,000, to remain available until September 30, 2015, of 
which not less than $140,794,000 shall be for the development of the 
Automated Commercial Environment:  Provided, That of the total amount 
made available under this heading, $25,000,000 shall not be obligated 
for the Automated Commercial Environment program until the Commissioner 
of U.S. Customs and Border Protection submits to the Committees on 
Appropriations of the Senate and the House of Representatives, not 
later than 60 days after the date of enactment of this Act, an 
expenditure plan for the Automated Commercial Environment program 
including results to date, plans for the program, and a list of 
projects with associated funding from prior appropriations and provided 
by this Act.

        border security fencing, infrastructure, and technology

    For expenses for border security fencing, infrastructure, and 
technology, $327,099,000, to remain available until September 30, 2015: 
 Provided, That of the total amount made available under this heading, 
$60,000,000 shall not be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives receive a 
detailed plan for expenditure, prepared by the Commissioner of U.S. 
Customs and Border Protection, and submitted not later than 90 days 
after the date of enactment of this Act, for a program to establish and 
maintain a security barrier along the borders of the United States of 
fencing and vehicle barriers, where practicable, and of other forms of 
tactical infrastructure and technology.

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft systems, and 
other related equipment of the air and marine program, including 
operational training and mission-related travel, the operations of 
which include the following: the interdiction of narcotics and other 
goods; the provision of support to Federal, State, and local agencies 
in the enforcement or administration of laws enforced by the Department 
of Homeland Security; and, at the discretion of the Secretary of 
Homeland Security, the provision of assistance to Federal, State, and 
local agencies in other law enforcement and emergency humanitarian 
efforts, $506,766,000, to remain available until September 30, 2015:  
Provided, That no aircraft or other related equipment, with the 
exception of aircraft that are one of a kind and have been identified 
as excess to U.S. Customs and Border Protection requirements and 
aircraft that have been damaged beyond repair, shall be transferred to 
any other Federal agency, department, or office outside of the 
Department of Homeland Security during fiscal year 2013 without the 
prior notice to the Committees on Appropriations of the Senate and the 
House of Representatives:  Provided further, That the Secretary of 
Homeland Security shall report to the Committees on Appropriations of 
the Senate and the House of Representatives, not later than 90 days 
after the date of enactment of this Act, on the update to the 5-year 
strategic plan for the air and marine program directed in the 
conference report accompanying Public Law 109-90 that addresses 
missions, structure, operations, equipment, facilities, and resources 
including deployment and command and control requirements, and includes 
a recapitalization plan with milestones and funding, and a detailed 
staffing plan with associated costs to achieve full staffing to meet 
all mission requirements.

                 construction and facilities management

    For necessary expenses to plan, acquire, construct, renovate, 
equip, furnish, operate, manage, and maintain buildings, facilities, 
and related infrastructure necessary for the administration and 
enforcement of the laws relating to customs, immigration, and border 
security, $243,666,000, to remain available until September 30, 2017.

    united states visitor and immigrant status indicator technology

                     (including transfer of funds)

    For necessary expenses for the United States Visitor and Immigrant 
Status Indicator Technology program, as authorized by section 110 of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1365a), $279,133,000:  Provided, That of the total made 
available under this heading, $161,110,000 shall remain available until 
September 30, 2014:  Provided further, That $18,000,000 of the total 
amount made available under this heading shall be transferred to U.S. 
Immigration and Customs Enforcement ``Salaries and Expenses'' solely 
for visa overstay analysis, and the remaining funds made available 
under this heading shall not be available for transfer or reprogramming 
pursuant to section 503 of this Act:  Provided further, That the United 
States Visitor and Immigrant Status Indicator Technology Executive 
Stakeholder Board, which was in existence on October 1, 2011, shall 
continue to provide guidance and advice during the transition of the 
program.

                  Immigration and Customs Enforcement

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations, including overseas 
vetted units operations; and purchase and lease of up to 3,790 (2,350 
for replacement only) police-type vehicles; $5,294,734,000; of which 
not to exceed $10,000,000 shall be available until expended for 
conducting special operations under section 3131 of the Customs 
Enforcement Act of 1986 (19 U.S.C. 2081); of which not to exceed 
$11,475 shall be for official reception and representation expenses; of 
which not to exceed $2,000,000 shall be for awards of compensation to 
informants, to be accounted for solely under the certificate of the 
Secretary of Homeland Security; of which not less than $305,000 shall 
be for promotion of public awareness of the child pornography tipline 
and activities to counter child exploitation; of which not less than 
$5,400,000 shall be used to facilitate agreements consistent with 
section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)); and of which not to exceed $11,216,000 shall be available to 
fund or reimburse other Federal agencies for the costs associated with 
the care, maintenance, and repatriation of smuggled aliens unlawfully 
present in the United States:  Provided, That none of the funds made 
available under this heading shall be available to compensate any 
employee for overtime in an annual amount in excess of $35,000, except 
that the Secretary of Homeland Security, or the designee of the 
Secretary, may waive that amount as necessary for national security 
purposes and in cases of immigration emergencies:  Provided further, 
That of the total amount provided, $15,770,000 shall be for activities 
to enforce laws against forced child labor, of which not to exceed 
$6,000,000 shall remain available until expended:  Provided further, 
That of the total amount available, not less than $1,600,000,000 shall 
be available to identify aliens convicted of a crime who may be 
deportable, and to remove them from the United States once they are 
judged deportable, of which $138,713,000 shall remain available until 
September 30, 2014:  Provided further, That the Assistant Secretary of 
Homeland Security for U.S. Immigration and Customs Enforcement shall 
report to the Committees on Appropriations of the Senate and the House 
of Representatives, not later than 45 days after the end of each 
quarter of the fiscal year, on progress in implementing the preceding 
proviso and the funds obligated during that quarter to make such 
progress:  Provided further, That the Secretary of Homeland Security 
shall prioritize the identification and removal of aliens convicted of 
a crime by the severity of that crime:  Provided further, That funding 
made available under this heading shall maintain a level of not less 
than 33,400 detention beds through September 30, 2013:  Provided 
further, That of the total amount provided, not less than 
$2,695,644,000 is for detention and removal operations, including 
transportation of unaccompanied minor aliens:  Provided further, That 
of the total amount provided, $10,300,000 shall remain available until 
September 30, 2014, for the Visa Security Program:  Provided further, 
That not less than $10,000,000 shall be available for investigation of 
intellectual property rights violations, including the National 
Intellectual Property Rights Coordination Center:  Provided further, 
That none of the funds provided under this heading may be used to 
continue a delegation of law enforcement authority authorized under 
section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) if the Department of Homeland Security Inspector General 
determines that the terms of the agreement governing the delegation of 
authority have been violated:  Provided further, That none of the funds 
provided under this heading may be used to continue any contract for 
the provision of detention services if the two most recent overall 
performance evaluations received by the contracted facility are less 
than ``adequate'' or the equivalent median score in any subsequent 
performance evaluation system:  Provided further, That of the total 
amount provided, up to $5,000,000 may be transferred to the Department 
of Justice, Executive Office for Immigration Review, to increase the 
efficiency of the immigration court process and reduce the nondetained 
docket:  Provided further, That nothing under this heading shall 
prevent U.S. Immigration and Customs Enforcement from exercising those 
authorities provided under immigration laws (as defined in section 
101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))) during priority operations pertaining to aliens convicted 
of a crime.

                        automation modernization

    For expenses of immigration and customs enforcement automated 
systems, $30,500,000, to remain available until September 30, 2017.

                              construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$5,000,000, to remain available until September 30, 2014.

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,087,490,000, to remain 
available until September 30, 2014, of which not to exceed $7,650 shall 
be for official reception and representation expenses:  Provided, That 
of the total amount made available under this heading, not to exceed 
$3,999,790,000 shall be for screening operations, of which $416,349,000 
shall be available for explosives detection systems; $115,239,000 shall 
be for checkpoint support; and not to exceed $1,087,700,000 shall be 
for aviation security direction and enforcement:  Provided further, 
That of the amount made available in the preceding proviso for 
explosives detection systems, $107,349,000 shall be available for the 
purchase and installation of these systems:  Provided further, That any 
award to deploy explosives detection systems shall be based on risk, 
the airport's current reliance on other screening solutions, lobby 
congestion resulting in increased security concerns, high injury rates, 
airport readiness, and increased cost effectiveness:  Provided further, 
That security service fees authorized under section 44940 of title 49, 
United States Code, shall be credited to this appropriation as 
offsetting collections and shall be available only for aviation 
security:  Provided further, That the sum appropriated under this 
heading from the general fund shall be reduced on a dollar-for-dollar 
basis as such offsetting collections are received during fiscal year 
2013 so as to result in a final fiscal year appropriation from the 
general fund estimated at not more than $2,702,490,000:  Provided 
further, That any security service fees collected in excess of the 
amount made available under this heading shall become available during 
fiscal year 2014:  Provided further, That notwithstanding section 44923 
of title 49, United States Code, for fiscal year 2013, any funds in the 
Aviation Security Capital Fund established by section 44923(h) of title 
49, United States Code, may be used for the procurement and 
installation of explosives detection systems or for the issuance of 
other transaction agreements for the purpose of funding projects 
described in section 44923(a):  Provided further, That the 
Administrator of the Transportation Security Administration shall, 
within 270 days of the date of enactment of this Act, establish 
procedures allowing members of cabin flight crew of air carriers to 
participate in the Known Crewmember pilot program, unless the 
Administrator determines that meeting the requirement within this 
timeline is not practicable and informs the Committees on 
Appropriations of the Senate and House of Representatives of the basis 
for that determination and the new timeline for implementing the 
requirement:  Provided further, That Members of the United States House 
of Representatives and United States Senate, including the leadership; 
the heads of Federal agencies and commissions, including the Secretary, 
Deputy Secretary, Under Secretaries, and Assistant Secretaries of the 
Department of Homeland Security; the United States Attorney General, 
Deputy Attorney General, Assistant Attorneys General, and the United 
States Attorneys; and senior members of the Executive Office of the 
President, including the Director of the Office of Management and 
Budget, shall not be exempt from Federal passenger and baggage 
screening.

                    Surface Transportation Security

    For necessary expenses of the Transportation Security 
Administration related to surface transportation security activities, 
$124,276,000, to remain available until September 30, 2014.

           Transportation Threat Assessment and Credentialing

    For necessary expenses for the development and implementation of 
screening programs of the Office of Transportation Threat Assessment 
and Credentialing, $192,631,000, to remain available until September 
30, 2014.

                    Transportation Security Support

    For necessary expenses of the Transportation Security 
Administration related to transportation security support and 
intelligence pursuant to the Aviation and Transportation Security Act 
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $969,709,000, 
to remain available until September 30, 2014:  Provided, That of the 
funds appropriated under this heading, $20,000,000 may not be obligated 
for headquarters administration until the Administrator of the 
Transportation Security Administration submits to the Committees on 
Appropriations of the Senate and the House of Representatives detailed 
expenditure plans for air cargo security, checkpoint support, and 
explosives detection systems refurbishment, procurement, and 
installations on an airport-by-airport basis for fiscal year 2013:  
Provided further, That these plans shall be submitted not later than 60 
days after the date of enactment of this Act.

                          Federal Air Marshals

    For necessary expenses of the Federal Air Marshals, $929,610,000.

                       United States Coast Guard

                           operating expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for; purchase or lease of not to 
exceed 25 passenger motor vehicles, which shall be for replacement 
only; purchase or lease of small boats for contingent and emergent 
requirements (at a unit cost of no more than $700,000) and repairs and 
service-life replacements, not to exceed a total of $31,000,000; 
purchase or lease of boats necessary for overseas deployments and 
activities; minor shore construction projects not exceeding $1,000,000 
in total cost on any asset; payments pursuant to section 156 of Public 
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and 
welfare; $7,073,479,000, of which $535,000,000 shall be for defense-
related activities, of which $254,000,000 is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985; of which $24,500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and 
of which not to exceed $15,300 shall be for official reception and 
representation expenses:  Provided, That none of the funds made 
available by this Act shall be for expenses incurred for recreational 
vessels under section 12114 of title 46, United States Code, except to 
the extent fees are collected from owners of yachts and credited to 
this appropriation:  Provided further, That of the funds provided under 
this heading, $75,000,000 shall be withheld from obligation for Coast 
Guard Headquarters Directorates until a revised future-years capital 
investment plan for fiscal years 2014 through 2018, as specified under 
the heading Coast Guard ``Acquisition, Construction, and Improvements'' 
of this Act is submitted to the Committees on Appropriations of the 
Senate and the House of Representatives:  Provided further, That funds 
made available under this heading for Overseas Contingency Operations/
Global War on Terrorism may be allocated by program, project, and 
activity, notwithstanding section 503 of this Act.

                environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance 
and restoration functions of the Coast Guard under chapter 19 of title 
14, United States Code, $13,162,000, to remain available until 
September 30, 2017.

                            reserve training

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the Coast Guard reserve program; 
personnel and training costs; and equipment and services; $132,554,000.

              acquisition, construction, and improvements

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment; as 
authorized by law; $1,470,609,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $10,000,000 shall remain available until 
September 30, 2017, for military family housing, of which not more than 
$3,900,000 shall be derived from the Coast Guard Housing Fund, 
established pursuant to 14 U.S.C. 687; of which $1,122,800,000 shall be 
available until September 30, 2017, to acquire, effect major repairs 
to, renovate, or improve vessels, small boats, and related equipment; 
of which $74,500,000 shall be available until September 30, 2017, to 
acquire, effect major repairs to, renovate, or improve aircraft or 
increase aviation capability; of which $76,500,000 shall be available 
until September 30, 2017, for other acquisition programs; of which 
$69,411,000 shall be available until September 30, 2017, for shore 
facilities and aids to navigation, including waterfront facilities at 
Navy installations used by the Coast Guard; of which $117,398,000 shall 
be available for personnel compensation and benefits and related costs: 
 Provided, That the funds provided by this Act shall be immediately 
available and allotted to contract for the production of the sixth 
National Security Cutter notwithstanding the availability of funds for 
post-production costs:  Provided further, That the funds provided by 
this Act shall be immediately available and allotted to contract for 
long lead time materials, components, and designs for the seventh 
National Security Cutter notwithstanding the availability of funds for 
production costs or post-production costs:  Provided further, That the 
Commandant of the Coast Guard shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, at the 
time that the President's budget is submitted each year under section 
1105(a) of title 31, United States Code, a future-years capital 
investment plan for the Coast Guard that identifies for each requested 
capital asset--
            (1) the proposed appropriations included in that budget;
            (2) the total estimated cost of completion, including and 
        clearly delineating the costs of associated major acquisition 
        systems infrastructure and transition to operations;
            (3) projected funding levels for each fiscal year for the 
        next 5 fiscal years or until acquisition program baseline or 
        project completion, whichever is earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) a current acquisition program baseline for each capital 
        asset, as applicable, that--
                    (A) includes the total acquisition cost of each 
                asset, subdivided by fiscal year and including a 
                detailed description of the purpose of the proposed 
                funding levels for each fiscal year, including for each 
                fiscal year funds requested for design, pre-acquisition 
                activities, production, structural modifications, 
                missionization, post-delivery, and transition to 
                operations costs;
                    (B) includes a detailed project schedule through 
                completion, subdivided by fiscal year, that details--
                            (i) quantities planned for each fiscal 
                        year; and
                            (ii) major acquisition and project events, 
                        including development of operational 
                        requirements, contracting actions, design 
                        reviews, production, delivery, test and 
                        evaluation, and transition to operations, 
                        including necessary training, shore 
                        infrastructure, and logistics;
                    (C) notes and explains any deviations in cost, 
                performance parameters, schedule, or estimated date of 
                completion from the original acquisition program 
                baseline and the most recent baseline approved by the 
                Department of Homeland Security's Acquisition Review 
                Board, if applicable;
                    (D) aligns the acquisition of each asset to mission 
                requirements by defining existing capabilities of 
                comparable legacy assets, identifying known capability 
                gaps between such existing capabilities and stated 
                mission requirements, and explaining how the 
                acquisition of each asset will address such known 
                capability gaps;
                    (E) defines life-cycle costs for each asset and the 
                date of the estimate on which such costs are based, 
                including all associated costs of major acquisitions 
                systems infrastructure and transition to operations, 
                delineated by purpose and fiscal year for the projected 
                service life of the asset;
                    (F) includes the earned value management system 
                summary schedule performance index and cost performance 
                index for each asset, if applicable; and
                    (G) includes a phase-out and decommissioning 
                schedule delineated by fiscal year for each existing 
                legacy asset that each asset is intended to replace or 
                recapitalize:
  Provided further, That the Commandant of the Coast Guard shall ensure 
that amounts specified in the future-years capital investment plan are 
consistent, to the maximum extent practicable, with proposed 
appropriations necessary to support the programs, projects, and 
activities of the Coast Guard in the President's budget as submitted 
under section 1105(a) of title 31, United States Code, for that fiscal 
year:  Provided further, That any inconsistencies between the capital 
investment plan and proposed appropriations shall be identified and 
justified:  Provided further, That subsections (a) and (b) of section 
6402 of Public Law 110-28 shall apply with respect to the amounts made 
available under this heading.

              research, development, test, and evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation; and for maintenance, rehabilitation, 
lease, and operation of facilities and equipment; as authorized by law; 
$19,728,000, to remain available until September 30, 2017, of which 
$500,000 shall be derived from the Oil Spill Liability Trust Fund to 
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712(a)(5)):  Provided, That there may be credited 
to and used for the purposes of this appropriation funds received from 
State and local governments, other public authorities, private sources, 
and foreign countries for expenses incurred for research, development, 
testing, and evaluation.

                              retired pay

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

                      United States Secret Service

                         salaries and expenses

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

     acquisition, construction, improvements, and related expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities and technology 
infrastructure, $56,750,000; of which $4,430,000, to remain available 
until September 30, 2017, shall be for acquisition, construction, 
improvement, and maintenance of facilities; and of which $52,320,000, 
to remain available until September 30, 2015, shall be for information 
integration and technology transformation:  Provided, That $20,000,000 
of the funds made available in the preceding proviso for information 
integration and technology transformation shall not be obligated to 
purchase or install information technology equipment until the 
Department of Homeland Security Chief Information Officer submits a 
report to the Committees on Appropriations of the Senate and the House 
of Representatives certifying that all plans for integration and 
transformation are consistent with Department of Homeland Security data 
center migration and enterprise architecture requirements.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

    For salaries and expenses of the Office of the Under Secretary for 
the National Protection and Programs Directorate, support for 
operations, and information technology, $50,321,000:  Provided, That 
not to exceed $3,825 shall be for official reception and representation 
expenses.

           infrastructure protection and information security

    For necessary expenses for infrastructure protection and 
information security programs and activities, as authorized by title II 
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$1,169,583,000, of which $200,000,000 shall remain available until 
September 30, 2014:  Provided, That of the funds made available under 
this heading, not to exceed $183,638,000 is for cybersecurity 
capability improvements related to continuous monitoring of civil 
Federal computer networks:  Provided further, That of the amount 
provided in the preceding proviso, $120,000,000 shall not be obligated 
until the Committees on Appropriations of the Senate and the House of 
Representatives receive a detailed expenditure plan and timeframe for 
implementation for the program from the Under Secretary for the 
National Protection and Programs Directorate:  Provided further, That 
the Under Secretary for the National Protection and Programs 
Directorate shall submit an expenditure plan for the Office of 
Cybersecurity and Communications and an expenditure plan for the Office 
of Infrastructure Protection to the Committees on Appropriations of the 
Senate and the House of Representatives not later than 90 days after 
the date of enactment of this Act.

                       federal protective service

    The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally owned and leased buildings and 
for the operations of the Federal Protective Service:  Provided, That 
the Secretary of Homeland Security and the Director of the Office of 
Management and Budget shall certify in writing to the Committees on 
Appropriations of the Senate and the House of Representatives not later 
than December 31, 2012, that the operations of the Federal Protective 
Service will be fully funded in fiscal year 2013 through revenues and 
collection of security fees, and shall adjust the fees to ensure fee 
collections are sufficient to ensure that the Federal Protective 
Service maintains not fewer than 1,371 full-time equivalent staff and 
1,007 full-time equivalent Police Officers, Inspectors, Area 
Commanders, and Special Agents who, while working, are directly engaged 
on a daily basis protecting and enforcing laws at Federal buildings 
(referred to as ``in-service field staff''):  Provided further, That an 
expenditure plan for fiscal year 2013 shall be provided to the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than 90 days after the date of enactment of 
this Act:  Provided further, That the Director of the Federal 
Protective Service shall include with the submission of the President's 
fiscal year 2014 budget a strategic human capital plan that aligns fee 
collections to personnel requirements based on a current threat 
assessment.

                        Office of Health Affairs

    For necessary expenses of the Office of Health Affairs, 
$168,300,000; of which $27,757,000 is for salaries and expenses and 
$85,390,000 is for BioWatch operations:  Provided, That of the amount 
made available under this heading, $55,153,000 shall remain available 
until September 30, 2014, for biosurveillance, BioWatch Generation 3, 
chemical defense, medical and health planning and coordination, and 
workforce health protection:  Provided further, That of the funds made 
available under this heading, no more than $39,904,000 shall be for 
BioWatch Generation 3, of which $28,500,000 shall not be obligated 
until the Secretary of Homeland Security certifies to the Committees on 
Appropriations of the Senate and the House of Representatives that the 
science used to develop the technology is sound and warrants 
operational testing and evaluation:  Provided further, That none of the 
funds provided under this heading shall be used for pilot programs for 
the National Biosurveillance Integration Center until the Committees on 
Appropriations of the Senate and the House of Representatives have 
received a strategic plan for the Center and a report that describes 
how each pilot program furthers implementation of the plan from the 
Assistant Secretary for Health Affairs:  Provided further, That not to 
exceed $2,250 shall be for official reception and representation 
expenses:  Provided further, That the Assistant Secretary for Health 
Affairs shall submit an expenditure plan for fiscal year 2013 to the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than 90 days after the date of enactment of 
this Act.

                  Federal Emergency Management Agency

                         salaries and expenses

    For necessary expenses of the Federal Emergency Management Agency, 
$979,402,000, including activities authorized by the National Flood 
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114 
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 
et seq.), sections 107 and 303 of the National Security Act of 1947 (50 
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), and 
the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 
109-295; 120 Stat. 1394):  Provided, That not to exceed $2,250 shall be 
for official reception and representation expenses:  Provided further, 
That for fiscal year 2013 and thereafter, for purposes of planning, 
coordination, execution, and decision making related to mass evacuation 
during a disaster, the Governors of the State of West Virginia and the 
Commonwealth of Pennsylvania, or their designees, shall be incorporated 
into efforts to integrate the activities of Federal, State, and local 
governments in the National Capital Region, as defined in section 882 
of the Homeland Security Act of 2002 (Public Law 107-296):  Provided 
further, That of the total amount made available under this heading, 
$35,180,000 shall be for the Urban Search and Rescue Response System, 
of which none is available for Federal Emergency Management Agency 
administrative costs; and $5,099,000 shall be for the Office of 
National Capital Region Coordination:  Provided further, That of the 
total amount made available under this heading, $22,000,000 shall 
remain available until September 30, 2014, for capital improvements and 
other expenses related to continuity of operations at the Mount Weather 
Emergency Operations Center:  Provided further, That of the total 
amount made available under this heading, $14,689,000 shall remain 
available until September 30, 2014, for expenses related to 
modernization of automated systems:  Provided further, That the 
Administrator of the Federal Emergency Management Agency, in 
consultation with the Department of Homeland Security Chief Information 
Officer, shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives an expenditure plan including results 
to date, plans for the program, and a list of projects with associated 
funding provided from prior appropriations and provided by this Act for 
modernization of automated systems.

                        state and local programs

    For grants, contracts, cooperative agreements, and other 
activities, $1,645,082,000 shall be allocated as follows:
            (1) $470,000,000 shall be for the State Homeland Security 
        Grant Program under section 2004 of the Homeland Security Act 
        of 2002 (6 U.S.C. 605):  Provided, That of the amount provided 
        by this paragraph, $55,000,000 shall be for Operation 
        Stonegarden:  Provided further, That notwithstanding subsection 
        (c)(4) of such section 2004, for fiscal year 2013, the 
        Commonwealth of Puerto Rico shall make available to local and 
        tribal governments amounts provided to the Commonwealth of 
        Puerto Rico under this paragraph in accordance with subsection 
        (c)(1) of such section 2004.
            (2) $676,908,000 shall be for the Urban Area Security 
        Initiative under section 2003 of the Homeland Security Act of 
        2002 (6 U.S.C. 604), of which, notwithstanding subsection 
        (c)(1) of such section, $13,000,000 shall be for grants to 
        organizations (as described under section 501(c)(3) of the 
        Internal Revenue Code of 1986 and exempt from tax section 
        501(a) of such code) determined by the Secretary of Homeland 
        Security to be at high risk of a terrorist attack.
            (3) $132,000,000 shall be for Public Transportation 
        Security Assistance, Railroad Security Assistance, and Over-
        the-Road Bus Security Assistance under sections 1406, 1513, and 
        1532 of the Implementing Recommendations of the 9/11 Commission 
        Act of 2007 (Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182), 
        of which not less than $13,000,000 shall be for Amtrak 
        security:  Provided, That such public transportation security 
        assistance shall be provided directly to public transportation 
        agencies.
            (4) $132,000,000 shall be for Port Security Grants in 
        accordance with 46 U.S.C. 70107.
            (5) $234,174,000 shall be for training, exercises, 
        technical assistance, and other programs, of which $157,991,000 
        shall be for training of State, local, and tribal emergency 
        response providers:
  Provided, That for grants under paragraphs (1) through (4), 
applications for grants shall be made available to eligible applicants 
not later than 60 days after the date of enactment of this Act, that 
eligible applicants shall submit applications not later than 80 days 
after the grant announcement, and the Administrator of the Federal 
Emergency Management Agency shall act within 65 days after the receipt 
of an application:  Provided further, That notwithstanding section 
2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), 
or any other provision of law, a grantee may use not more than 5 
percent of the amount of a grant made available under this heading for 
expenses directly related to administration of the grant:  Provided 
further, That for grants under paragraphs (1) and (2), the installation 
of communication towers is not considered construction of a building or 
other physical facility:  Provided further, That grantees shall provide 
reports on their use of funds, as determined necessary by the Secretary 
of Homeland Security:  Provided further, That in fiscal year 2013 and 
thereafter: (a) the Center for Domestic Preparedness may provide 
training to emergency response providers from the Federal Government, 
foreign governments, or private entities, if the Center for Domestic 
Preparedness is reimbursed for the cost of such training, and any 
reimbursement under this subsection shall be credited to the account 
from which the expenditure being reimbursed was made and shall be 
available, without fiscal year limitation, for the purposes for which 
amounts in the account may be expended; (b) the head of the Center for 
Domestic Preparedness shall ensure that any training provided under (a) 
does not interfere with the primary mission of the Center to train 
State and local emergency response providers; and (c) subject to (b), 
nothing in (a) prohibits the Center for Domestic Preparedness from 
providing training to employees of the Federal Emergency Management 
Agency in existing chemical, biological, radiological, nuclear, 
explosives, mass casualty, and medical surge courses pursuant to 5 
U.S.C. 4103 without reimbursement for the cost of such training.

                     firefighter assistance grants

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

                emergency management performance grants

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

              radiological emergency preparedness program

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

                   united states fire administration

    For necessary expenses of the United States Fire Administration and 
for other purposes, as authorized by the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.), $44,020,000.

                          disaster relief fund

                     (including transfer of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$6,088,926,000, to remain available until expended, of which 
$24,000,000 shall be transferred to the Department of Homeland Security 
Office of Inspector General for audits and investigations related to 
disasters:  Provided, That the Administrator of the Federal Emergency 
Management Agency shall submit an expenditure plan to the Committees on 
Appropriations of the Senate and the House of Representatives detailing 
the use of the funds made available in this or any other Act for 
disaster readiness and support not later than 60 days after the date of 
enactment of this Act:  Provided further, That the Administrator of the 
Federal Emergency Management Agency shall submit to such Committees a 
quarterly report detailing obligations against the expenditure plan and 
a justification for any changes from the initial plan:  Provided 
further, That the Administrator of the Federal Emergency Management 
Agency shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives the following reports, including a 
specific description of the methodology and the source data used in 
developing such reports:
            (1) an estimate of the following amounts shall be submitted 
        for the budget year at the time that the President's budget is 
        submitted each year under section 1105(a) of title 31, United 
        States Code:
                    (A) the unobligated balance of funds to be carried 
                over from the prior fiscal year to the budget year;
                    (B) the unobligated balance of funds to be carried 
                over from the budget year to the budget year plus 1;
                    (C) the amount of obligations for non-catastrophic 
                events for the budget year;
                    (D) the amount of obligations for the budget year 
                for catastrophic events delineated by event and by 
                State;
                    (E) the total amount that has been previously 
                obligated or will be required for catastrophic events 
                delineated by event and by State for all prior years, 
                the current year, the budget year, the budget year plus 
                1, the budget year plus 2, and the budget year plus 3 
                and beyond;
                    (F) the amount of previously obligated funds that 
                will be recovered for the budget year;
                    (G) the amount that will be required for 
                obligations for emergencies, as described in section 
                102(1) of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5122(1)), major 
                disasters, as described in section 102(2) of the Robert 
                T. Stafford Disaster Relief and Emergency Assistance 
                Act (42 U.S.C. 5122(2)), fire management assistance 
                grants, as described in section 420 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5187), surge activities, and disaster 
                readiness and support activities;
                    (H) the amount required for activities not covered 
                under section 251(b)(2)(D)(iii) of the Balanced Budget 
                and Emergency Deficit Control Act of 1985 (2 U.S.C. 
                901(b)(2)(D)(iii); Public Law 99-177);
            (2) an estimate or actual amounts, if available, of the 
        following for the current fiscal year shall be submitted not 
        later than the fifth day of each month:
                    (A) a summary of the amount of appropriations made 
                available by source, the transfers executed, the 
                previously allocated funds recovered, and the 
                commitments, allocations, and obligations made;
                    (B) a table of disaster relief activity delineated 
                by month, including--
                            (i) the beginning and ending balances;
                            (ii) the total obligations to include 
                        amounts obligated for fire assistance, 
                        emergencies, surge, and disaster support 
                        activities;
                            (iii) the obligations for catastrophic 
                        events delineated by event and by State; and
                            (iv) the amount of previously obligated 
                        funds that are recovered;
                    (C) a summary of allocations, obligations, and 
                expenditures for catastrophic events delineated by 
                event; and
                    (D) the date on which funds appropriated will be 
                exhausted:
  Provided further, That of the amount provided under this heading, 
$5,481,000,000 is for major disasters declared pursuant to the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.):  Provided further, That the amount in the preceding 
proviso is designated by the Congress as being for disaster relief 
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

             flood hazard mapping and risk analysis program

    For necessary expenses, including administrative costs, under 
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4101), $97,329,000, and such additional sums as may be provided by 
State and local governments or other political subdivisions for cost-
shared mapping activities under section 1360(f)(2) of such Act (42 
U.S.C. 4101(f)(2)), to remain available until expended.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $171,000,000, which shall be derived from 
offsetting collections assessed and collected under section 1308(d) of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which 
not to exceed $22,000,000 shall be available for salaries and expenses 
associated with flood mitigation and flood insurance operations; and 
not less than $149,000,000 shall be available for flood plain 
management and flood mapping, which shall remain available until 
September 30, 2014:  Provided, That any additional fees collected 
pursuant to section 1308(d) of the National Flood Insurance Act of 1968 
(42 U.S.C. 4015(d)) shall be credited as an offsetting collection to 
this account, to be available for flood plain management and flood 
mapping:  Provided further, That in fiscal year 2013, no funds shall be 
available from the National Flood Insurance Fund under section 1310 of 
that Act (42 U.S.C. 4017) in excess of:
            (1) $132,000,000 for operating expenses;
            (2) $1,056,602,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $120,000,000, which shall remain available until 
        expended, for flood mitigation actions; of which not less than 
        $10,000,000 is for severe repetitive loss properties under 
        section 1361A of the National Flood Insurance Act of 1968 (42 
        U.S.C. 4102a); of which $10,000,000 shall be for repetitive 
        insurance claims properties under section 1323 of the National 
        Flood Insurance Act of 1968 (42 U.S.C. 4030); and of which 
        $40,000,000 shall be for flood mitigation assistance under 
        section 1366 of the National Flood Insurance Act of 1968 (42 
        U.S.C. 4104c), notwithstanding subparagraphs (B) and (C) of 
        subsection (b)(3) and subsection (f) of section 1366 of the 
        National Flood Insurance Act of 1968 (42 U.S.C. 4104c) and 
        notwithstanding subsection (a)(7) of section 1310 of the 
        National Flood Insurance Act of 1968 (42 U.S.C. 4017):  
        Provided further, That the amounts collected under section 102 
        of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) 
        and section 1366(i) of the National Flood Insurance Act of 1968 
        shall be deposited in the National Flood Insurance Fund to 
        supplement other amounts specified as available for section 
        1366 of the National Insurance Act of 1968, notwithstanding 
        subsection (f)(8) of such section 102 (42 U.S.C. 4012a(f)(8)) 
        and subsection 1366(i) and paragraphs (2) and (3) of section 
        1367(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 
        4104c(i), 4104d(b)(2)-(3)):  Provided further, That total 
        administrative costs shall not exceed 4 percent of the total 
        appropriation.

                  national predisaster mitigation fund

    For the predisaster mitigation grant program under section 203 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5133), $35,000,000, to remain available until expended.

                       emergency food and shelter

    To carry out the emergency food and shelter program pursuant to 
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11331 et seq.), $150,000,000, to remain available until expended:  
Provided, That total administrative costs shall not exceed 3.5 percent 
of the total amount made available under this heading.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$116,924,000; of which $111,924,000 is for the E-Verify Program, as 
described in section 403(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), to assist 
United States employers with maintaining a legal workforce and of which 
$5,000,000 is for immigrant integration grants:  Provided, That 
notwithstanding any other provision of law, funds otherwise made 
available to United States Citizenship and Immigration Services may be 
used to acquire, operate, equip, and dispose of up to five vehicles, 
for replacement only, for areas where the Administrator of General 
Services does not provide vehicles for lease:  Provided further, That 
the Director of United States Citizenship and Immigration Services may 
authorize employees who are assigned to those areas to use such 
vehicles to travel between the employees' residences and places of 
employment:  Provided further, That none of the funds made available in 
this Act for grants for immigrant integration may be used to provide 
services to aliens who have not been lawfully admitted for permanent 
residence.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law 
enforcement basic training; the purchase of not to exceed 117 vehicles 
for police-type use and hire of passenger motor vehicles; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal mobile phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $228,939,000; of which up to $44,758,000 shall 
remain available until September 30, 2014, for materials and support 
costs of Federal law enforcement basic training; of which $300,000 
shall remain available until expended to be distributed to Federal law 
enforcement agencies for expenses incurred participating in training 
accreditation; and of which not to exceed $9,180 shall be for official 
reception and representation expenses:  Provided, That the Center is 
authorized to obligate funds in anticipation of reimbursements from 
agencies receiving training sponsored by the Center, except that total 
obligations at the end of the fiscal year shall not exceed total 
budgetary resources available at the end of the fiscal year:  Provided 
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771 
note), as amended by Public Law 112-74, is further amended by striking 
``December 31, 2014'' and inserting ``December 31, 2015'':  Provided 
further, That the Director of the Federal Law Enforcement Training 
Center shall schedule basic or advanced law enforcement training, or 
both, at all four training facilities under the control of the Federal 
Law Enforcement Training Center to ensure that such training facilities 
are operated at the highest capacity throughout the fiscal year:  
Provided further, That the Federal Law Enforcement Training 
Accreditation Board, including representatives from the Federal law 
enforcement community and non-Federal accreditation experts involved in 
law enforcement training, shall lead the Federal law enforcement 
training accreditation process to continue the implementation of 
measuring and assessing the quality and effectiveness of Federal law 
enforcement training programs, facilities, and instructors.

     acquisitions, construction, improvements, and related expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $29,385,000, to remain available until September 30, 
2017:  Provided, That the Center is authorized to accept reimbursement 
to this appropriation from government agencies requesting the 
construction of special use facilities.

                         Science and Technology

                     management and administration

    For salaries and expenses of the Office of the Under Secretary for 
Science and Technology and for management and administration of 
programs and activities, as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), $138,008,000:  Provided, 
That not to exceed $7,650 shall be for official reception and 
representation expenses.

           research, development, acquisition, and operations

    For necessary expenses for science and technology research, 
including advanced research projects, development, test and evaluation, 
acquisition, and operations as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease 
of not to exceed 5 vehicles, $693,464,000; of which $566,032,000 shall 
remain available until September 30, 2015; and of which $127,432,000 
shall remain available until September 30, 2017, solely for operation 
and construction of laboratory facilities.

                   Domestic Nuclear Detection Office

                     management and administration

    For salaries and expenses of the Domestic Nuclear Detection Office, 
as authorized by title XIX of the Homeland Security Act of 2002 (6 
U.S.C. 591 et seq.), for management and administration of programs and 
activities, $39,692,000:  Provided, That not to exceed $2,250 shall be 
for official reception and representation expenses:  Provided further, 
That not later than 60 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a 
strategic plan of investments necessary to implement the Department of 
Homeland Security's responsibilities under the domestic component of 
the global nuclear detection architecture that shall:
            (1) define the role and responsibilities of each 
        Departmental component in support of the domestic detection 
        architecture, including any existing or planned programs to 
        pre-screen cargo or conveyances overseas;
            (2) identify and describe the specific investments being 
        made by each Departmental component in fiscal year 2013 and 
        planned for fiscal year 2014 to support the domestic 
        architecture and the security of sea, land, and air pathways 
        into the United States;
            (3) describe the investments necessary to close known 
        vulnerabilities and gaps, including associated costs and 
        timeframes, and estimates of feasibility and cost 
        effectiveness; and
            (4) explain how the Department's research and development 
        funding is furthering the implementation of the domestic 
        nuclear detection architecture, including specific investments 
        planned for each of fiscal years 2013 and 2014.

                 research, development, and operations

    For necessary expenses for radiological and nuclear research, 
development, testing, evaluation, and operations, $236,830,000, to 
remain available until September 30, 2015.

                          systems acquisition

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

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds 
in the applicable established accounts, and thereafter may be accounted 
for as one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2013, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that:
            (1) creates a new program, project, or activity;
            (2) eliminates a program, project, office, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by the Congress;
            (4) proposes to use funds directed for a specific activity 
        by either of the Committees on Appropriations of the Senate or 
        the House of Representatives for a different purpose; or
            (5) contracts out any function or activity for which 
        funding levels were requested for Federal full-time equivalents 
        in the object classification tables contained in the fiscal 
        year 2013 Budget Appendix for the Department of Homeland 
        Security, as modified by the joint explanatory statement 
        accompanying this Act, unless the Committees on Appropriations 
        of the Senate and the House of Representatives are notified 15 
        days in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2013, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees or 
proceeds available to the agencies funded by this Act, shall be 
available for obligation or expenditure for programs, projects, or 
activities through a reprogramming of funds in excess of $5,000,000 or 
10 percent, whichever is less, that:
            (1) augments existing programs, projects, or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or reduces the numbers of personnel by 10 
        percent as approved by the Congress; or
            (3) results from any general savings from a reduction in 
        personnel that would result in a change in existing programs, 
        projects, or activities as approved by the Congress, unless the 
        Committees on Appropriations of the Senate and the House of 
        Representatives are notified 15 days in advance of such 
        reprogramming of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers:  Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) and shall not be available for obligation unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
that imminently threaten the safety of human life or the protection of 
property.
    (e) The notification thresholds and procedures set forth in this 
section shall apply to any use of deobligated balances of funds 
provided in previous Department of Homeland Security Appropriations 
Acts.
    Sec. 504.  The Department of Homeland Security Working Capital 
Fund, established pursuant to section 403 of Public Law 103-356 (31 
U.S.C. 501 note), shall continue operations as a permanent working 
capital fund for fiscal year 2013:  Provided, That none of the funds 
appropriated or otherwise made available to the Department of Homeland 
Security may be used to make payments to the Working Capital Fund, 
except for the activities and amounts allowed in the President's fiscal 
year 2013 budget:  Provided further, That funds provided to the Working 
Capital Fund shall be available for obligation until expended to carry 
out the purposes of the Working Capital Fund:  Provided further, That 
all departmental components shall be charged only for direct usage of 
each Working Capital Fund service:  Provided further, That funds 
provided to the Working Capital Fund shall be used only for purposes 
consistent with the contributing component:  Provided further, That the 
Working Capital Fund shall be paid in advance or reimbursed at rates 
which will return the full cost of each service:  Provided further, 
That the Working Capital Fund shall be subject to the requirements of 
section 503 of this Act.
    Sec. 505.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2013 from appropriations for salaries and expenses 
for fiscal year 2013 in this Act shall remain available through 
September 30, 2014, in the account and for the purposes for which the 
appropriations were provided:  Provided, That prior to the obligation 
of such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 506.  Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2013 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2013.
    Sec. 507. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used to--
            (1) make or award a grant allocation, grant, contract, 
        other transaction agreement, task or delivery order on a 
        Department of Homeland Security multiple award contract, or to 
        issue a letter of intent totaling in excess of $1,000,000;
            (2) award a task or delivery order requiring an obligation 
        of funds in an amount greater than $10,000,000 from multi-year 
        Department of Homeland Security funds or a task or delivery 
        order that would cause cumulative obligations of multi-year 
        funds in a single account to exceed 50 percent of the total 
        amount appropriated; or
            (3) announce publicly the intention to make or award items 
        under paragraph (1) or (2), including a contract covered by the 
        Federal Acquisition Regulation.
    (b) The Secretary of Homeland Security may waive the prohibition 
under subsection (a) if the Secretary notifies the Committees on 
Appropriations of the Senate and the House of Representatives at least 
3 full business days in advance of making an award or issuing a letter 
as described in that subsection.
    (c) If the Secretary of Homeland Security determines that 
compliance with this section would pose a substantial risk to human 
life, health, or safety, an award may be made without notification, and 
the Secretary shall notify the Committees on Appropriations of the 
Senate and the House of Representatives not later than 5 full business 
days after such an award is made or letter issued.
    (d) A notification under this section--
            (1) may not involve funds that are not available for 
        obligation; and
            (2) shall include the amount of the award, the fiscal year 
        for which the funds for the award were appropriated, and the 
        account from which the funds are being drawn.
    (e) The Administrator of the Federal Emergency Management Agency 
shall brief the Committees on Appropriations of the Senate and the 
House of Representatives 5 full business days in advance of announcing 
publicly the intention of making an award under ``State and Local 
Programs''.
    Sec. 508.  Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training that 
cannot be accommodated in existing Center facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any construction, 
repair, alteration, or acquisition project for which a prospectus 
otherwise required under chapter 33 of title 40, United States Code, 
has not been approved, except that necessary funds may be expended for 
each project for required expenses for the development of a proposed 
prospectus.
    Sec. 510. (a) Sections 520 and 530 of the Department of Homeland 
Security Appropriations Act, 2008 (division E of Public Law 110-161; 
121 Stat. 2073 and 2074) shall apply with respect to funds made 
available in this Act in the same manner as such sections applied to 
funds made available in that Act.
    (b) The third proviso of section 537 of the Department of Homeland 
Security Appropriations Act, 2006 (6 U.S.C. 114), shall not apply with 
respect to funds made available in this Act.
    Sec. 511.  None of the funds made available in this Act may be used 
in contravention of the applicable provisions of the Buy American Act 
(41 U.S.C. 10a et seq.).
    Sec. 512.  None of the funds made available in this Act may be used 
by any person other than the Privacy Officer appointed under subsection 
(a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C. 
142(a)) to alter, direct that changes be made to, delay, or prohibit 
the transmission to Congress of any report prepared under paragraph (6) 
of such subsection.
    Sec. 513.  None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 514.  Within 45 days after the end of each month, the Chief 
Financial Officer of the Department of Homeland Security shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives a monthly budget and staffing report for that month 
that includes total obligations, on-board versus funded full-time 
equivalent staffing levels, and the number of contract employees for 
each office of the Department.
    Sec. 515.  None of the funds appropriated by this Act may be used 
to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided as of June 1, 2004, by 
employees (including employees serving on a temporary or term basis) of 
United States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 516.  Any funds appropriated to Coast Guard ``Acquisition, 
Construction, and Improvements'' for fiscal years 2002, 2003, 2004, 
2005, and 2006 for the 110-123 foot patrol boat conversion that are 
recovered, collected, or otherwise received as the result of 
negotiation, mediation, or litigation, shall be available until 
expended for the Fast Response Cutter program.
    Sec. 517.  Section 532(a) of Public Law 109-295 (120 Stat. 1384) is 
amended by striking ``2012'' and inserting ``2013''.
    Sec. 518.  The functions of the Federal Law Enforcement Training 
Center instructor staff shall be classified as inherently governmental 
for the purpose of the Federal Activities Inventory Reform Act of 1998 
(31 U.S.C. 501 note).
    Sec. 519. (a) Except as provided in subsection (b), none of the 
funds appropriated in this or any other Act to the ``Office of the 
Secretary and Executive Management'', the ``Office of the Under 
Secretary for Management'', or the ``Office of the Chief Financial 
Officer'', may be obligated for a grant or contract funded under such 
headings by any means other than full and open competition.
    (b) Subsection (a) does not apply to obligation of funds for a 
contract awarded--
            (1) by a means that is required by a Federal statute, 
        including obligation for a purchase made under a mandated 
        preferential program, including the AbilityOne Program, that is 
        authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et 
        seq.);
            (2) pursuant to the Small Business Act (15 U.S.C. 631 et 
        seq.);
            (3) in an amount less than the simplified acquisition 
        threshold described under section 302A(a) of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        252a(a)); or
            (4) by another Federal agency using funds provided through 
        an interagency agreement.
    (c)(1) Subject to paragraph (2), the Secretary of Homeland Security 
may waive the application of this section for the award of a contract 
in the interest of national security or if failure to do so would pose 
a substantial risk to human health or welfare.
    (2) Not later than 5 days after the date on which the Secretary of 
Homeland Security issues a waiver under this subsection, the Secretary 
shall submit notification of that waiver to the Committees on 
Appropriations of the Senate and the House of Representatives, 
including a description of the applicable contract to which the waiver 
applies and an explanation of why the waiver authority was used:  
Provided, That the Secretary may not delegate the authority to grant 
such a waiver.
    (d) In addition to the requirements established by subsections (a), 
(b), and (c) of this section, the Inspector General of the Department 
of Homeland Security shall review departmental contracts awarded 
through means other than a full and open competition to assess 
departmental compliance with applicable laws and regulations:  
Provided, That the Inspector General shall review selected contracts 
awarded in the previous 3 fiscal years through means other than a full 
and open competition:  Provided further, That in selecting which 
contracts to review, the Inspector General shall consider the cost and 
complexity of the goods and services to be provided under the contract, 
the criticality of the contract to fulfilling Department missions, past 
performance problems on similar contracts or by the selected vendor, 
complaints received about the award process or contractor performance, 
and such other factors as the Inspector General deems relevant:  
Provided further, That the Inspector General shall report the results 
of the reviews to the Committees on Appropriations of the Senate and 
the House of Representatives no later than February 4, 2015, and every 
3 years thereafter.
    Sec. 520.  None of the funds provided or otherwise made available 
in this Act shall be available to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452).
    Sec. 521.  Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may 
be used to reduce operations within any Civil Engineering Unit unless 
specifically authorized by a statute enacted after the date of 
enactment of this Act.
    Sec. 522.  None of the funds made available in this Act may be used 
by United States Citizenship and Immigration Services to grant an 
immigration benefit unless the results of background checks required by 
law to be completed prior to the granting of the benefit have been 
received by United States Citizenship and Immigration Services, and the 
results do not preclude the granting of the benefit.
    Sec. 523.  Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is amended--
            (1) in subsection (a), by striking ``Until September 30, 
        2012,'' and inserting ``Until September 30, 2013,'';
            (2) in subsection (c)(1), by striking ``September 30, 
        2012,'' and inserting ``September 30, 2013,''.
    Sec. 524.  The Secretary of Homeland Security shall require that 
all contracts of the Department of Homeland Security that provide award 
fees link such fees to successful acquisition outcomes (which outcomes 
shall be specified in terms of cost, schedule, and performance).
    Sec. 525.  Notwithstanding any other provision of law, none of the 
funds provided in this or any other Act shall be used to approve a 
waiver of the navigation and vessel-inspection laws pursuant to 46 
U.S.C. 501(b) for the transportation of crude oil distributed from the 
Strategic Petroleum Reserve until the Secretary of Homeland Security, 
after consultation with the Secretaries of the Departments of Energy 
and Transportation and representatives from the United States flag 
maritime industry, takes adequate measures to ensure the use of United 
States flag vessels:  Provided, That the Secretary shall notify the 
Committees on Appropriations of the Senate and the House of 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Transportation and Infrastructure 
of the House of Representatives within 2 business days of any request 
for waivers of navigation and vessel-inspection laws pursuant to 46 
U.S.C. 501(b).
    Sec. 526.  None of the funds made available to the Office of the 
Secretary and Executive Management under this Act may be expended for 
any new hires by the Department of Homeland Security that are not 
verified through the E-Verify Program as described in section 403(a) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note).
    Sec. 527.  None of the funds in this Act shall be used to reduce 
the United States Coast Guard's Operations Systems Center mission or 
its government-employed or contract staff levels.
    Sec. 528.  None of the funds made available in this Act for U.S. 
Customs and Border Protection may be used to prevent an individual not 
in the business of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from 
importing a prescription drug from Canada that complies with the 
Federal Food, Drug, and Cosmetic Act:  Provided, That this section 
shall apply only to individuals transporting on their person a 
personal-use quantity of the prescription drug, not to exceed a 90-day 
supply:  Provided further, That the prescription drug may not be--
            (1) a controlled substance, as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802); or
            (2) a biological product, as defined in section 351 of the 
        Public Health Service Act (42 U.S.C. 262).
    Sec. 529.  None of the funds appropriated by this Act may be used 
to conduct, or to implement the results of, a competition under Office 
of Management and Budget Circular A-76 for activities performed with 
respect to the Coast Guard National Vessel Documentation Center.
    Sec. 530.  The Secretary of Homeland Security, in consultation with 
the Secretary of the Treasury, shall notify the Committees on 
Appropriations of the Senate and the House of Representatives of any 
proposed transfers of funds available under section 9703.1(g)(4)(B) of 
title 31, United States Code (as added by Public Law 102-393) from the 
Department of the Treasury Forfeiture Fund to any agency within the 
Department of Homeland Security:  Provided, That none of the funds 
identified for such a transfer may be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives approve 
the proposed transfers.
    Sec. 531.  None of the funds made available in this Act may be used 
for planning, testing, piloting, or developing a national 
identification card.
    Sec. 532. (a) Notwithstanding any other provision of this Act, 
except as provided in subsection (b), and 30 days after the date on 
which the President determines whether to declare a major disaster 
because of an event and any appeal is completed, the Administrator 
shall publish on the Web site of the Federal Emergency Management 
Agency a report regarding that decision that shall summarize damage 
assessment information used to determine whether to declare a major 
disaster.
    (b) The Administrator may redact from a report under subsection (a) 
any data that the Administrator determines would compromise national 
security.
    (c) In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency; and
            (2) the term ``major disaster'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
    Sec. 533.  Any official that is required by this Act to report or 
to certify to the Committees on Appropriations of the Senate and the 
House of Representatives may not delegate such authority to perform 
that act unless specifically authorized herein.
    Sec. 534.  Section 550(b) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note), as 
amended by section 550 of the Department of Homeland Security 
Appropriations Act, 2010 (Public Law 111-83), is further amended by 
striking ``on October 4, 2012'' and inserting ``on October 4, 2013''.
    Sec. 535.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other 
detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
    Sec. 536.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301.10-124 of title 41, 
Code of Federal Regulations.
    Sec. 537.  None of the funds made available in this or any other 
Act for fiscal year 2013 and thereafter may be used to propose or 
effect a disciplinary or adverse action, with respect to any Department 
of Homeland Security employee who engages regularly with the public in 
the performance of his or her official duties solely because that 
employee elects to utilize protective equipment or measures, including 
but not limited to surgical masks, N95 respirators, gloves, or hand-
sanitizers, where use of such equipment or measures is in accord with 
Department of Homeland Security policy, and Centers for Disease Control 
and Prevention and Office of Personnel Management guidance.
    Sec. 538.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 539. (a) Any company that collects or retains personal 
information directly from any individual who participates in the 
Registered Traveler program of the Transportation Security 
Administration shall safeguard and dispose of such information in 
accordance with the requirements in--
            (1) the National Institute for Standards and Technology 
        Special Publication 800-30, entitled ``Risk Management Guide 
        for Information Technology Systems'';
            (2) the National Institute for Standards and Technology 
        Special Publication 800-53, Revision 3, entitled ``Recommended 
        Security Controls for Federal Information Systems and 
        Organizations''; and
            (3) any supplemental standards established by the 
        Administrator of the Transportation Security Administration 
        (referred to in this section as the ``Administrator'').
    (b) The airport authority or air carrier operator that sponsors the 
company under the Registered Traveler program shall be known as the 
Sponsoring Entity.
    (c) The Administrator shall require any company covered by 
subsection (a) to provide, not later than 30 days after the date of 
enactment of this Act, to the Sponsoring Entity written certification 
that the procedures used by the company to safeguard and dispose of 
information are in compliance with the requirements under subsection 
(a). Such certification shall include a description of the procedures 
used by the company to comply with such requirements.
    Sec. 540.  Notwithstanding any other provision of this Act, none of 
the funds appropriated or otherwise made available by this Act may be 
used to pay award or incentive fees for contractor performance that has 
been judged to be below satisfactory performance or performance that 
does not meet the basic requirements of a contract.
    Sec. 541. (a) Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Transportation Security 
Administration shall submit to the Committees on Appropriations of the 
Senate and the House of Representatives, a report that either--
            (1) certifies that the requirement for screening all air 
        cargo on passenger aircraft by the deadline under section 
        44901(g) of title 49, United States Code, has been met; or
            (2) includes a strategy to comply with the requirements 
        under title 44901(g) of title 49, United States Code, 
        including--
                    (A) a plan to meet the requirement under section 
                44901(g) of title 49, United States Code, to screen 100 
                percent of air cargo transported on passenger aircraft 
                arriving in the United States in foreign air 
                transportation (as that term is defined in section 
                40102 of that title); and
                    (B) specification of--
                            (i) the percentage of such air cargo that 
                        is being screened; and
                            (ii) the schedule for achieving screening 
                        of 100 percent of such air cargo.
    (b) The Administrator shall continue to submit reports described in 
subsection (a)(2) every 180 days thereafter until the Administrator 
certifies that the Transportation Security Administration has achieved 
screening of 100 percent of such air cargo.
    Sec. 542.  In developing any process to screen aviation passengers 
and crews for transportation or national security purposes, the 
Secretary of Homeland Security shall ensure that all such processes 
take into consideration such passengers' and crews' privacy and civil 
liberties consistent with applicable laws, regulations, and guidance.
    Sec. 543. (a) Notwithstanding section 1356(n) of title 8, United 
States Code, of the funds deposited into the Immigration Examinations 
Fee Account, $5,000,000 shall be allocated by United States Citizenship 
and Immigration Services in fiscal year 2013 for the purpose of 
providing an immigrant integration grants program.
    (b) None of the funds made available to United States Citizenship 
and Immigration Services for grants for immigrant integration may be 
used to provide services to aliens who have not been lawfully admitted 
for permanent residence.
    Sec. 544.  For an additional amount for necessary expenses for 
reimbursement of the actual costs to State and local governments for 
providing emergency management, public safety, and security at events, 
as determined by the Administrator of the Federal Emergency Management 
Agency, related to the presence of a National Special Security Event, 
$7,500,000, to remain available until September 30, 2014.
    Sec. 545.  Notwithstanding the 10 percent limitation contained in 
section 503(c) of this Act, the Secretary of Homeland Security may 
transfer to the fund established by 8 U.S.C. 1101 note, up to 
$20,000,000 from appropriations available to the Department of Homeland 
Security:  Provided, That the Secretary shall notify the Committees on 
Appropriations of the Senate and the House of Representatives 5 days in 
advance of such transfer.
    Sec. 546.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Homeland 
Security to enter into any federal contract unless such contract is 
entered into in accordance with the requirements of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253) or 
Chapter 137 of title 10, United States Code, and the Federal 
Acquisition Regulation, unless such contract is otherwise authorized by 
statute to be entered into without regard to the above referenced 
statutes.
    Sec. 547. (a) For an additional amount for data center migration, 
$64,797,000.
    (b) Funds made available in subsection (a) for data center 
migration may be transferred by the Secretary of Homeland Security 
between appropriations for the same purpose, notwithstanding section 
503 of this Act.
    (c) No transfer described in subsection (b) shall occur until 15 
days after the Committees on Appropriations of the Senate and the House 
of Representatives are notified of such transfer.
    Sec. 548.  Notwithstanding any other provision of law, should the 
Secretary of Homeland Security determine that specific U.S. Immigration 
and Customs Enforcement Service Processing Centers or other U.S. 
Immigration and Customs Enforcement owned detention facilities no 
longer meet the mission need, the Secretary is authorized to dispose of 
individual Service Processing Centers or other U.S. Immigration and 
Customs Enforcement owned detention facilities by directing the 
Administrator of General Services to sell all real and related personal 
property which support Service Processing Centers or other U.S. 
Immigration and Customs Enforcement owned detention facilities, subject 
to such terms and conditions as necessary to protect Government 
interests and meet program requirements:  Provided, That the proceeds, 
net of the costs of sale incurred by the General Services 
Administration and U.S. Immigration and Customs Enforcement, shall be 
deposited as offsetting collections into a separate account that shall 
be available, subject to appropriation, until expended for other real 
property capital asset needs of existing U.S. Immigration and Customs 
Enforcement assets, excluding daily operations and maintenance costs, 
as the Secretary deems appropriate:  Provided further, That any sale or 
collocation of federally owned detention facilities shall not result in 
the maintenance of fewer than 33,400 detention beds:  Provided further, 
That the Committees on Appropriations of the Senate and the House of 
Representatives shall be notified 15 days prior to the announcement of 
any proposed sale or collocation.
    Sec. 549.  For an additional amount for the ``Office of the Under 
Secretary for Management'', $89,000,000, to remain available until 
expended, for necessary expenses to plan, acquire, design, construct, 
renovate, remediate, equip, furnish, improve infrastructure, and occupy 
buildings and facilities for the department headquarters consolidation 
project and associated mission support consolidation:  Provided, That 
the Committees on Appropriations of the Senate and the House of 
Representatives shall receive an expenditure plan not later than 90 
days after the date of enactment of this Act detailing the allocation 
of these funds.
    Sec. 550.  In making grants under the heading ``Firefighter 
Assistance Grants'', the Secretary may grant waivers from the 
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), 
(c)(2), and (c)(4)(A) of section 34 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229a).
    Sec. 551.  The Commissioner of U.S. Customs and Border Protection 
and the Assistant Secretary of Homeland Security for U.S. Immigration 
and Customs Enforcement each shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives with the 
congressional budget justification, a multi-year investment and 
management plan, to include each year starting with the current fiscal 
year and the 3 subsequent fiscal years, for their respective Offices of 
Information Technology to include for that office--
            (1) the funding level by source for all funds to be 
        executed;
            (2) the funding included for each project and activity tied 
        to mission requirements, program management capabilities, 
        performance levels, and specific capabilities and services to 
        be delivered;
            (3) the total estimated cost and projected timeline of 
        completion for all multi-year enhancements, modernizations, and 
        new capabilities proposed in the current fiscal year or 
        underway; and
            (4) a detailed accounting of operation and maintenance 
        costs.
    Sec. 552.  The Secretary of Homeland Security shall ensure 
enforcement of immigration laws (as defined in section 101(a)(17) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
    Sec. 553.  Notwithstanding subsection (c) of section 44940 of title 
49, United States Code, for the fiscal year ending September 30, 2013, 
fees imposed under subsection (a)(1) of such section shall be $5.00 per 
one-way trip in air transportation or intrastate air transportation 
that originates at an airport in the United States.
    Sec. 554. (a) Section 547 of Public Law 111-83 is amended by 
striking ``September 30, 2012'' and inserting ``September 30, 2015''.
    (b) Section 548 of Public Law 111-83 is amended by striking 
``September 30, 2012'' and inserting ``September 30, 2015''.
    (c) Section 568(a) and section 568(b) of Public Law 111-83 are 
amended by striking ``September 30, 2012'' and inserting ``September 
30, 2015''.
    Sec. 555. (a) Notwithstanding section 58c(e) of title 19, United 
States Code, upon the request of any persons, the Commissioner of U.S. 
Customs and Border Protection may enter into reimbursable fee 
agreements for a period of up to 10 years with such persons for the 
provision of U.S. Customs and Border Protection services and any other 
costs incurred by U.S. Customs and Border Protection relating to such 
services. Such requests may include additional U.S. Customs and Border 
Protection services at existing U.S. Customs and Border Protection-
serviced facilities, the provision of U.S. Customs and Border 
Protection services at new facilities and preclearance locations, and 
expanded U.S. Customs and Border Protection services at land border 
facilities. The Commissioner shall not enter into such an agreement if 
it would negatively impact or alter services funded in this or any 
other appropriations Acts, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees.
    (b) Funds collected pursuant to any agreement entered into under 
this section shall be deposited in the U.S. Customs and Border 
Protection ``Salaries and Expenses'' account as offsetting collections 
and remain available until expended, without fiscal year limitation, 
and shall be used to pay for any expenses incurred by U.S. Customs and 
Border Protection in providing U.S. Customs and Border Protection 
services and any other costs incurred by U.S. Customs and Border 
Protection relating to such services.
    (c) The amount of the fee to be charged pursuant to an agreement 
authorized under subsection (a) of this section shall be paid by each 
person requesting U.S. Customs and Border Protection services and shall 
include, but shall not be limited to, the salaries and expenses of 
individuals employed by U.S. Customs and Border Protection to provide 
such U.S. Customs and Border Protection services and other costs 
incurred by U.S. Customs and Border Protection relating to those 
services, such as temporary placement or permanent relocation of those 
individuals.
    (d) Failure To Pay Fee.--Any person who, after notice and demand 
for payment of any fee charged under subsection (a) of this section, 
fails to pay such fee in a timely manner shall--
            (1) be guilty of a misdemeanor, and if convicted thereof 
        shall pay a fine that does not exceed an amount equal to 200 
        percent of such fee; and
            (2) be liable for a penalty or liquidated damage equal to 
        two times the amount of the fee.
Any amount collected pursuant to any agreement entered into under this 
subsection shall be deposited into the account specified under 
subsection (b) of this section and shall be available as described 
therein.
    (e) Provision of Facilities and Equipment.--Each facility at which 
such U.S. Customs and Border Protection services are performed shall 
provide, maintain, and equip, without cost to the Government, 
facilities in accordance with U.S. Customs and Border Protection 
specifications.
    (f) Definitions.--For purposes of this section the terms:
            (1) U.S. Customs and Border Protection services means any 
        activities of any employee or contractor of U.S. Customs and 
        Border Protection related to customs and immigration matters.
            (2) Person means any natural person or any corporation, 
        partnership, trust, association, or any other public or private 
        entity, including any foreign government or transit authority, 
        or any officer, employee, or agent thereof.
    Sec. 556. (a) The Secretary of Homeland Security shall submit 
quarterly reports to the Department of Homeland Security Inspector 
General regarding the costs and contracting procedures related to each 
conference held by any departmental component or office during fiscal 
year 2013 for which the cost to the United States Government was more 
than $20,000.
    (b) Each report submitted shall include, for each conference held 
during the applicable quarter--
            (1) a description of the purpose of that conference;
            (2) the number of participants attending that conference;
            (3) a detailed statement of the costs to the United States 
        Government relating to that conference, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services; and
                    (C) a discussion of the methodology used to 
                determine which costs relate to that conference; and
            (4) a description of the contracting procedures relating to 
        that conference, including--
                    (A) whether contracts were awarded on a competitive 
                basis for that conference; and
                    (B) a discussion of any cost comparison conducted 
                by the departmental component or office in evaluating 
                potential contractors for that conference.
    (c) A grant or contract funded by amounts appropriated by this Act 
may not be used for the purpose of defraying the costs of a conference 
that is not directly and programmatically related to the purpose for 
which the grant or contract was awarded, such as a banquet or 
conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.
    (d) None of the funds made available in this Act may be used for 
travel and conference activities that are not in compliance with Office 
of Management and Budget Memorandum M-12-12 dated May 11, 2012.
    Sec. 557.  None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
of a single component of the Department of Homeland Security, who are 
stationed in the United States at any single international conference 
unless the Secretary of Homeland Security reports to the Committees on 
Appropriations of the Senate and the House of Representatives at least 
5 days in advance that such attendance is important to the national 
interest:  Provided, That for purposes of this section the term 
``international conference'' shall mean a conference occurring outside 
of the United States attended by representatives of the United States 
Government and of foreign governments, international organizations, or 
nongovernmental organizations.
    Sec. 558.  Not less than 59 percent from each of the following 
appropriations shall be withheld from obligation until all expenditure 
plans, investment plans, and acquisition plans required by this Act are 
submitted to the Committees on Appropriations of the Senate and the 
House of Representatives: ``Office of the Secretary and Executive 
Management'', ``Office of the Under Secretary for Management'', and the 
``Office of the Chief Financial Officer''.
    Sec. 559.  Notwithstanding any other provision of this Act or any 
other provision of law, during the period beginning on the date of 
enactment of this Act and ending on September 30, 2013, section 
204(a)(1)(I) of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(I)) is amended by adding at the end the following:
                            ``(iv) Each petition filed under this 
                        subparagraph shall be accompanied by a fee 
                        equal to $30. All amounts collected under this 
                        clause shall be covered into the Treasury as 
                        miscellaneous receipts.'':
  Provided, That the Department of State, in consultation with the 
Department of Homeland Security, shall report to the Committees on 
Appropriations of the Senate and the House of Representatives not later 
than 90 days after the date of enactment of this Act on the steps being 
taken to implement the recommendations of GAO-07-1174.
    Sec. 560.  The Administrator of the Federal Emergency Management 
Agency shall cancel the liquidated balances of all remaining 
uncancelled or partially cancelled loans disbursed under the Community 
Disaster Loan Act of 2005 (Public Law 109-88) and the Emergency 
Supplemental Appropriations Act for Defense, the Global War on Terror, 
and Hurricane Recovery, 2006 (Public Law 109-234), as amended by 
section 4502 of the U.S. Troop Readiness, Veterans' Care, Katrina 
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 
110-28) to the extent that revenues of the local government during the 
period following the major disaster are insufficient to meet the budget 
of the local government, including additional disaster-related expenses 
of a municipal character. In calculating a community's revenues while 
determining cancellation, the Administrator shall exclude revenues for 
special districts and any other revenues that are required by law to be 
disbursed to other units of local government or used for specific 
purposes more limited than the scope allowed by the General Fund. In 
calculating a community's expenses, the Administrator shall include 
disaster-related capital expenses for which the community has not been 
reimbursed by Federal or insurance proceeds, debt service expenses, and 
accrued but unpaid uncompensated absences (vacation and sick pay). In 
calculating the operating deficit of the local government, the 
Administrator shall also consider all interfund transfers. When 
considering the period following the disaster, the Administrator may 
consider a period of 3, 5, or 7 full fiscal years after the disaster, 
beginning on the date of the declaration, in determining eligibility 
for cancellation. The criteria for cancellation do not apply to those 
loans already cancelled in full. Applicants shall submit supplemental 
documentation in support of their applications for cancellation on or 
before April 30, 2014, and the Administrator shall issue determinations 
and resolve any appeals on or before April 30, 2015. Loans not 
cancelled in full shall be repaid not later than September 30, 2035. 
The Administrator may use funds provided under Public Law 109-88 to 
reimburse those communities that have repaid all or a portion of loans, 
including interest, provided as Special Community Disaster Loans under 
Public Law 109-88 or Public Law 109-234, as amended by section 4502 of 
Public Law 110-28. Further, the Administrator may use funds provided 
under Public Law 109-88 for necessary expenses to carry out this 
provision.
    Sec. 561. (a) Title VII of the Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) is amended by adding at the end, the following new 
section:

``SEC. 707. DEPARTMENT OF HOMELAND SECURITY FORFEITURE FUND.

    ``(a) In General.--There is established in the United States 
Treasury, a special fund to be known as the `Department of Homeland 
Security Forfeiture Fund' (referred to in this section as the `Fund').
    ``(b) Use of Funds.--The Fund shall be available to the Secretary 
of Homeland Security (referred to in this section as `the Secretary'), 
without fiscal year limitation, with respect to seizures and 
forfeitures made pursuant to any law enforced or administered by the 
Department, for the following law enforcement and other purposes:
            ``(1)(A) Payment of all proper expenses of seizure 
        (including investigative costs incurred by a Department of 
        Homeland Security law enforcement organization leading to 
        seizure) or the proceedings of forfeiture and sale, including 
        the expenses of detention, inventory, security, maintenance, 
        advertisement, or disposal of the property, and if condemned by 
        a court and a bond for such costs was not given, the costs as 
        taxed by the court.
            ``(B) Payment for--
                    ``(i) contract services;
                    ``(ii) the employment of outside contractors to 
                operate and manage properties or to provide other 
                specialized services necessary to dispose of such 
                properties in an effort to maximize the return from 
                such properties; and
                    ``(iii) reimbursing any Federal, State, or local 
                agency for any expenditures made to perform the 
                functions described in this subparagraph.
            ``(C) Awards of compensation to informers under section 619 
        of the Tariff Act of 1930 (19 U.S.C. 1619).
            ``(D) Satisfaction of--
                    ``(i) liens for freight, charges, and contributions 
                in general average, notice of which has been filed with 
                the appropriate Customs officer according to law; and
                    ``(ii) subject to the discretion of the Secretary, 
                other valid liens and mortgages against property that 
                has been forfeited pursuant to any law enforced or 
                administered by a Department of Homeland Security law 
                enforcement organization. To determine the validity of 
                any such lien or mortgage, the amount of payment to be 
                made, and to carry out the functions described in this 
                subparagraph, the Secretary may employ and compensate 
                attorneys and other personnel skilled in State real 
                estate law.
            ``(E) Payment of amounts authorized by law with respect to 
        remission and mitigation.
            ``(F) Payment of claims of parties in interest to property 
        disposed of under section 612(b) of the Tariff Act of 1930 (19 
        U.S.C. 1612(b)), in the amounts applicable to such claims at 
        the time of seizure.
            ``(G) Equitable sharing payments made to other Federal 
        agencies, State and local law enforcement agencies, and foreign 
        countries pursuant to section 616(c) of the Tariff Act of 1930 
        (19 U.S.C. 1616a(c)), section 981 of title 18, or subsection 
        (h) of this section, and all costs related thereto.
            ``(H) Payment for services of experts and consultants 
        needed by a Department of Homeland Security law enforcement 
        organization to carry out the organization's duties relating to 
        seizure and forfeiture.
            ``(I) Payment of overtime salaries, travel, fuel, training, 
        equipment, and other similar costs of State or local law 
        enforcement officers that are incurred in joint law enforcement 
        operations with a Department of Homeland Security law 
        enforcement organization.
            ``(J) Payment made pursuant to guidelines promulgated by 
        the Secretary, if such payment is necessary and directly 
        related to seizure and forfeiture program expenses for--
                    ``(i) the purchase or lease of automatic data 
                processing systems (not less than a majority of which 
                use will be related to such program);
                    ``(ii) training;
                    ``(iii) printing; and
                    ``(iv) services, including contracting for 
                services, directly related to--
                            ``(I) the identification of forfeitable 
                        assets;
                            ``(II) the processing of and accounting for 
                        forfeitures; and
                            ``(III) the storage, maintenance, 
                        protection, and destruction of controlled 
                        substances.
            ``(K) Payment for equipment for any vessel, vehicle, or 
        aircraft available for official use by the United States Coast 
        Guard to enable the vessel, vehicle, or aircraft to assist in 
        law enforcement functions.
            ``(L) Payment for any vessel, vehicle, equipment, or 
        aircraft available for official use by a State or local law 
        enforcement agency to enable the vessel, vehicle or aircraft to 
        assist in law enforcement functions if the vessel, vehicle or 
        aircraft will be used in joint law enforcement operations with 
        the United States Coast Guard.
            ``(M) Payment for overtime salaries, travel, fuel, 
        training, equipment, and other similar costs of State and local 
        law enforcement operations with the United States Coast Guard.
            ``(N) Payment for expenses incurred in bringing vessels 
        into compliance with applicable environmental laws prior to 
        disposal by sinking.
            ``(2) At the discretion of the Secretary--
                    ``(A) payment of awards for information or 
                assistance leading to a civil or criminal forfeiture 
                involving any Department of Homeland Security law 
                enforcement organization participating in the Fund;
                    ``(B) purchases of evidence or information by a 
                Department of Homeland Security law enforcement 
                organization with respect to violations of any law 
                enforced or administered by a Department of Homeland 
                Security law enforcement organization;
                    ``(C) payment of costs for publicizing awards 
                available under section 619 of the Tariff Act of 1930 
                (19 U.S.C. 1619);
                    ``(D) payment for equipment for any vessel, 
                vehicle, or aircraft available for official use by a 
                Department of Homeland Security law enforcement 
                organization to enable the vessel, vehicle, or aircraft 
                to assist in law enforcement functions, and for other 
                equipment directly related to seizure or forfeiture, 
                including laboratory equipment, protective equipment, 
                communications equipment, and the operation and 
                maintenance costs of such equipment;
                    ``(E) the payment of claims against employees of 
                the Department of Homeland Security settled by the 
                Secretary under section 630 of the Tariff Act of 1930;
                    ``(F) payment for equipment for any vessel, 
                vehicle, or aircraft available for official use by a 
                State or local law enforcement agency to enable the 
                vessel, vehicle, or aircraft to assist in law 
                enforcement functions if the vessel, vehicle, or 
                aircraft will be used in joint law enforcement 
                operations with a Department of Homeland Security law 
                enforcement organization;
                    ``(G) reimbursement of private persons for expenses 
                incurred by such persons in cooperating with a 
                Department of Homeland Security law enforcement 
                organization in investigations and undercover law 
                enforcement operations;
                    ``(H) payment for training foreign law enforcement 
                personnel with respect to seizure or forfeiture 
                activities of the Department of Homeland Security; and
    ``(c) Limitations.--
            ``(1) Any payment made under subparagraph (D) or (E) of 
        subsection (b)(1) with respect to a seizure or a forfeiture of 
        property shall not exceed the value of the property at the time 
        of the seizure.
            ``(2) Any payment made under subsection (b)(1)(G) with 
        respect to a seizure or forfeiture of property shall not exceed 
        the value of the property at the time of disposition.
            ``(3) The Secretary may exempt the procurement of contract 
        services under the Fund from section 3709 of the Revised 
        Statutes of the United States (41 U.S.C. 5), title III of the 
        Federal Property and Administrative Services Act of 1949 (41 
        U.S.C. 251 et seq.), and other provisions of law as may be 
        necessary to maintain the security and confidentiality of 
        related criminal investigations.
            ``(4) The Secretary shall assure that any equitable sharing 
        payment made to a State or local law enforcement agency 
        pursuant to subsection (b)(1)(G) and any property transferred 
        to a State or local law enforcement agency pursuant to 
        subsection (i)--
                    ``(A) has a value that bears a reasonable 
                relationship to the degree of participation of the 
                State or local agency in the law enforcement effort 
                resulting in the forfeiture, taking into account the 
                total value of all property forfeited and the total law 
                enforcement effort with respect to the violation of law 
                on which the forfeiture is based; and
                    ``(B) will serve to encourage further cooperation 
                between the recipient State or local agency and Federal 
                law enforcement agencies.
    ``(d) Deposits and Credits.--With respect to fiscal year 2014 and 
thereafter, there shall be deposited into or credited to the Fund--
            ``(1) all currency forfeited during fiscal year 2014 and 
        thereafter, and all proceeds from forfeitures during fiscal 
        year 2014 and thereafter, under any law enforced or 
        administered by the Department of Homeland Security law 
        enforcement organizations;
            ``(2) all income from investments made under subsection 
        (e); and
            ``(3) all amounts representing the equitable share of the 
        Department of Homeland Security law enforcement organizations 
        from the forfeiture of property under any Federal, State, 
        local, or foreign law.
    ``(e) Investments.--Amounts in the Fund, and in any holding 
accounts associated with the Fund, which are not currently needed for 
the purposes of this section may be kept on deposit or invested in 
obligations of, or guaranteed by, the United States and all earnings on 
such investments shall be deposited in the Fund.
    ``(f) Reports to Congress.--The Fund shall be subject to annual 
financial audits as authorized in the Chief Financial Officers Act of 
1990 (Public Law 101-576). The Secretary shall transmit to the 
Congress, not later than February 1 of each year copies of the annual 
financial audits.
    ``(g) Administration.--The Fund shall be administered on behalf of 
the Secretary by the Department of Homeland Security, Chief Financial 
Officer who is authorized to enter into an agreement with any Federal 
agency to manage the operations of the Fund on behalf of the 
Department. Payments may be made to the managing agency from the 
proceeds of the Fund, not to exceed 1 percent of funds managed on 
behalf of the Department.
    ``(h) Appropriations.--
            ``(1) There are hereby appropriated from the Fund such sums 
        as may be necessary to carry out the purposes described in this 
        section.
            ``(2) There are authorized to be appropriated from the Fund 
        to carry out the purposes set forth in this section not to 
        exceed $50,000,000 for each fiscal year.
            ``(3)(A) The Secretary of the Treasury, in coordination 
        with the Secretary of Homeland Security, shall reserve from the 
        unobligated balances remaining in the Treasury Forfeiture Fund 
        on September 30, 2013, an amount equal to balances resulting 
        from actions carried out by the Department of Homeland 
        Security, and such amount shall be transferred to the Fund on 
        October 1, 2013. Such amount shall be available for any 
        expenses or activities authorized under this section. At the 
        end of fiscal year 2013, and at the end of each fiscal year 
        thereafter, the Secretary shall reserve any amounts that are 
        required to be retained in the Fund to ensure the availability 
        of amounts in the subsequent fiscal year for purposes 
        authorized under subsection (a). Unobligated balances remaining 
        pursuant to section 3(B) shall also be carried forward.
            ``(B) Super Surplus: Any unobligated balances in the Fund 
        on October 1, 2013, and on September 30 of each fiscal year 
        thereafter, shall be made available to the Secretary, without 
        fiscal year limitation, for obligation or expenditure in 
        connection with the law enforcement activities of any Federal 
        agency, including a Department of Homeland Security law 
        enforcement organization:  Provided, That none of the funds 
        transferred shall be available for obligation unless the 
        Committees on Appropriations of the Senate and the House of 
        Representatives are notified at least 15 days in advance of 
        such transfer.
            ``(C) Any obligation or expenditure in excess of $500,000 
        with respect to an unobligated balance described in 
        subparagraph (B) may not be made by the Secretary unless the 
        Committees on Appropriations of the Senate and the House of 
        Representatives are notified at least 15 days in advance of 
        such obligation or expenditure.
    ``(i) Retention or Transfer of Property.--
            ``(1) The Secretary may, with respect to any property 
        forfeited under any law enforced or administered by the 
        Department of Homeland Security--
                    ``(A) retain any of the property for official use; 
                or
                    ``(B) transfer any of the property to--
                            ``(i) any other Federal agency; or
                            ``(ii) any State or local law enforcement 
                        agency that participated directly or indirectly 
                        in the seizure or forfeiture of the property.
            ``(2) The Secretary may transfer any forfeited personal 
        property or the proceeds of the sale of any forfeited personal 
        or real property to any foreign country which participated 
        directly or indirectly in the seizure or forfeiture of the 
        property, if such a transfer--
                    ``(A) is one with which the Secretary of State has 
                agreed;
                    ``(B) is authorized in an international agreement 
                between the United States and the foreign country; and
                    ``(C) is made to a country which, if applicable, 
                has been certified under section 481(h) of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2291(h)).
            ``(3) Nothing in this section shall affect the authority of 
        the Secretary under section 981 of title 18 or section 616 of 
        the Tariff Act of 1930 (19 U.S.C. 1616a).
    ``(j) Regulations.--The Secretary may prescribe such rules and 
regulations as may be necessary to carry out this section.
    ``(k) Customs and Treasury Forfeiture Funds.--Notwithstanding any 
other provision of law during any period when forfeited currency and 
proceeds from forfeitures under any law enforced or administered by the 
Department of Homeland Security, are required to be deposited in the 
Fund pursuant to this section--
            ``(1) all moneys required to be deposited in the Customs 
        Forfeiture Fund or the Treasury Forfeiture Fund pursuant to 
        section 613A of the Tariff Act of 1930 (19 U.S.C. 1613b) shall 
        instead be deposited in the Fund; and
            ``(2) no deposits or withdrawals may be made to or from the 
        Customs Forfeiture Fund pursuant to section 613A of the Tariff 
        Act of 1930 (19 U.S.C. 1613b).
    ``(l) Limitation of Liability.--The United States shall not be 
liable in any action relating to property transferred under this 
section or under section 616 of the Tariff Act of 1930 (19 U.S.C. 
1616a) if such action is based on an act or omission occurring after 
the transfer.
    ``(m) Authority to Warrant Title.--Following the completion of 
procedures for the forfeiture of property pursuant to any law enforced 
or administered by the Department of Homeland Security, the Secretary 
is authorized, at the Secretary's discretion, to warrant clear title to 
any subsequent purchaser or transferee of such forfeited property.
    ``(n) Forfeited Property.--For purposes of this section and 
notwithstanding section 524(c)(11) of title 28, United States Code, or 
any other law, property and currency shall be deemed to be forfeited 
pursuant to a law enforced or administered by a Department of Homeland 
Security law enforcement organization if it is forfeited pursuant to--
            ``(1) a judicial forfeiture proceeding when the underlying 
        seizure was made by an officer of a Department of Homeland 
        Security law enforcement organization or the property was 
        maintained by a Department of Homeland Security law enforcement 
        organization; or
            ``(2) a civil administrative forfeiture proceeding 
        conducted by a Department of Homeland Security law enforcement 
        organization.
    ``(o) Transfers to Attorney General, Secretary of the Treasury, and 
Postmaster General.--
            ``(1) The Secretary shall transfer from the Fund to the 
        Attorney General for deposit in the Department of Justice 
        Assets Forfeiture Fund or the Secretary of the Treasury for 
        deposit in the Treasury Forfeiture Fund amounts appropriate to 
        reflect the degree of participation of participating Federal 
        agencies in the law enforcement effort resulting in the 
        forfeiture pursuant to laws enforced or administered by a 
        Department of Homeland Security law enforcement organization. 
        For purposes of the preceding sentence, a `participating 
        Federal agency' is an agency that participates in the 
        Department of Justice Assets Forfeiture Fund or the Treasury 
        Forfeiture Fund.
            ``(2) The Secretary shall transfer from the Fund to the 
        Postmaster General for deposit in the Postal Service Fund 
        amounts appropriate to reflect the degree of participation of 
        the United States Postal Service in the law enforcement effort 
        resulting in the forfeiture pursuant to laws enforced or 
        administered by a Department of Homeland Security law 
        enforcement organization.
    ``(p) Definition.--For purposes of this section the term 
`Department of Homeland Security law enforcement organization' means 
U.S. Customs and Border Protection, U.S. Immigration and Customs 
Enforcement, the United States Secret Service, the Federal Law 
Enforcement Training Center, the United States Coast Guard, and any 
other law enforcement component of the Department of the Homeland 
Security so designated by the Secretary.''.
    (b) Technical and Conforming Changes.--The Homeland Security Act of 
2002 is amended in the table of contents in section 1(b), by adding 
after section 706

``Sec. 707. Department of Homeland Security Forfeiture Fund.''.

            visa waiver program enhanced security and reform

    Sec. 562. (a) Definitions.--
            (1) In general.--Section 217(c)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1187(c)(1)) is amended to read as 
        follows:
            ``(1) Authority to designate; definitions.--
                    ``(A) Authority to designate.--The Secretary of 
                Homeland Security, in consultation with the Secretary 
                of State, may designate any country as a program 
                country if that country meets the requirements under 
                paragraph (2).
                    ``(B) Definitions.--In this subsection:
                            ``(i) Appropriate congressional 
                        committees.--The term `appropriate 
                        congressional committees' means--
                                    ``(I) the Committee on 
                                Appropriations, the Committee on 
                                Foreign Relations, the Committee on 
                                Homeland Security and Governmental 
                                Affairs, and the Committee on the 
                                Judiciary of the Senate; and
                                    ``(II) the Committee on 
                                Appropriations, the Committee on 
                                Foreign Affairs, the Committee on 
                                Homeland Security, and the Committee on 
                                the Judiciary of the House of 
                                Representatives.
                            ``(ii) Overstay rate.--
                                    ``(I) Initial designation.--The 
                                term `overstay rate' means, with 
                                respect to a country being considered 
                                for designation in the program, the 
                                ratio of--
                                            ``(aa) the number of 
                                        nationals of that country who 
                                        were admitted to the United 
                                        States on the basis of a 
                                        nonimmigrant visa under section 
                                        101(a)(15)(B) whose periods of 
                                        authorized stay ended during a 
                                        fiscal year but who remained 
                                        unlawfully in the United States 
                                        beyond such periods; to
                                            ``(bb) the number of 
                                        nationals of that country who 
                                        were admitted to the United 
                                        States on the basis of a 
                                        nonimmigrant visa under section 
                                        101(a)(15)(B) whose periods of 
                                        authorized stay ended during 
                                        that fiscal year.
                                    ``(II) Continuing designation.--The 
                                term `overstay rate' means, for each 
                                fiscal year after initial designation 
                                under this section with respect to a 
                                country, the ratio of--
                                            ``(aa) the number of 
                                        nationals of that country who 
                                        were admitted to the United 
                                        States under this section or on 
                                        the basis of a nonimmigrant 
                                        visa under section 
                                        101(a)(15)(B) whose periods of 
                                        authorized stay ended during a 
                                        fiscal year but who remained 
                                        unlawfully in the United States 
                                        beyond such periods; to
                                            ``(bb) the number of 
                                        nationals of that country who 
                                        were admitted to the United 
                                        States under this section or on 
                                        the basis of a nonimmigrant 
                                        visa under section 
                                        101(a)(15)(B) whose periods of 
                                        authorized stay ended during 
                                        that fiscal year.
                                    ``(III) Computation of overstay 
                                rate.--In determining the overstay rate 
                                for a country, the Secretary of 
                                Homeland Security may utilize 
                                information from any available 
                                databases to ensure the accuracy of 
                                such rate.
                            ``(iii) Program country.--The term `program 
                        country' means a country designated as a 
                        program country under subparagraph (A).''.
            (2) Technical and conforming amendments.--Section 217 of 
        the Immigration and Nationality Act (8 U.S.C. 1187) is 
        amended--
                    (A) by striking ``Attorney General'' each place the 
                term appears (except in subsection (c)(11)(B)) and 
                inserting ``Secretary of Homeland Security''; and
                    (B) in subsection (c)--
                            (i) in paragraph (2)(C)(iii), by striking 
                        ``Committee on the Judiciary and the Committee 
                        on International Relations of the House of 
                        Representatives and the Committee on the 
                        Judiciary and the Committee on Foreign 
                        Relations of the Senate'' and inserting 
                        ``appropriate congressional committees'';
                            (ii) in paragraph (5)(A)(i)(III), by 
                        striking ``Committee on the Judiciary, the 
                        Committee on Foreign Affairs, and the Committee 
                        on Homeland Security, of the House of 
                        Representatives and the Committee on the 
                        Judiciary, the Committee on Foreign Relations, 
                        and the Committee on Homeland Security and 
                        Governmental Affairs of the Senate'' and 
                        inserting ``appropriate congressional 
                        committees''; and
                            (iii) in paragraph (7), by striking 
                        subparagraph (E).
    (b) Designation of Program Countries Based on Overstay Rates.--
            (1) In general.--Section 217(c)(2)(A) of the Immigration 
        and Nationality Act (8 U.S.C. 1187(c)(2)(A)) is amended to read 
        as follows:
                    ``(A) General numerical limitations.--
                            ``(i) Low nonimmigrant visa refusal rate.--
                        The percentage of nationals of that country 
                        refused nonimmigrant visas under section 
                        101(a)(15)(B) during the previous full fiscal 
                        year was not more than 3 percent of the total 
                        number of nationals of that country who were 
                        granted or refused nonimmigrant visas under 
                        such section during such year.
                            ``(ii) Low nonimmigrant overstay rate.--The 
                        overstay rate for that country was not more 
                        than 3 percent during the previous fiscal 
                        year.''.
            (2) Qualification criteria.--Section 217(c)(3) of such Act 
        (8 U.S.C. 1187(c)(3)) is amended to read as follows:
            ``(3) Qualification criteria.--After designation as a 
        program country under paragraph (2), a country may not continue 
        to be designated as a program country unless the Secretary of 
        Homeland Security, in consultation with the Secretary of State, 
        determines, pursuant to the requirements under paragraph (5), 
        that the designation will be continued.''.
            (3) Initial period.--Section 217(c), as amended by this 
        Act, is further amended by striking paragraph (4).
            (4) Continuing designation.--Section 217(c)(5)(A)(i)(II) of 
        such Act (8 U.S.C. 1187(c)(5)(A)(i)(II)) is amended to read as 
        follows:
                                    ``(II) shall determine, based upon 
                                the evaluation in subclause (I), 
                                whether any such designation under 
                                subsection (d) or (f), or probation 
                                under subsection (f), ought to be 
                                continued or terminated;''.
            (5) Computation of visa refusal rates; judicial review.--
        Section 217(c)(6) of such Act (8 U.S.C. 1187(c)(6)) is amended 
        to read as follows:
            ``(6) Computation of visa refusal rates and judicial 
        review.--
                    ``(A) Computation of visa refusal rates.--For 
                purposes of determining the eligibility of a country to 
                be designated as a program country, the calculation of 
                visa refusal rates shall not include any visa refusals 
                which incorporate any procedures based on, or are 
                otherwise based on, race, sex, or disability, unless 
                otherwise specifically authorized by law or regulation.
                    ``(B) Judicial review.--No court shall have 
                jurisdiction under this section to review any visa 
                refusal, the Secretary of State's computation of a visa 
                refusal rate, the Secretary of Homeland Security's 
                computation of an overstay rate, or the designation or 
                nondesignation of a country as a program country.''.
            (6) Visa waiver information.--Section 217(c)(7) of such Act 
        (8 U.S.C. 1187(c)(7)) is amended--
                    (A) by striking subparagraphs (B) through (E); and
                    (B) by striking ``waiver information'' and all that 
                follows through ``In refusing'' and inserting ``waiver 
                information.--In refusing''.
            (7) Waiver authority.--Section 217(c)(8) of such Act (8 
        U.S.C. 1187(c)(8)) is amended to read as follows:
            ``(8) Waiver authority.--The Secretary of Homeland 
        Security, in consultation with the Secretary of State, may 
        waive the application of paragraph (2)(A)(i) for a country if--
                    ``(A) the country meets all other requirements of 
                paragraph (2);
                    ``(B) the Secretary of Homeland Security determines 
                that the totality of the country's security risk 
                mitigation measures provide assurance that the 
                country's participation in the program would not 
                compromise the law enforcement, security interests, or 
                enforcement of the immigration laws of the United 
                States;
                    ``(C) there has been a general downward trend in 
                the percentage of nationals of the country refused 
                nonimmigrant visas under section 101(a)(15)(B);
                    ``(D) the country consistently cooperated with the 
                Government of the United States on counterterrorism 
                initiatives, information sharing, preventing terrorist 
                travel, and extradition to the United States of 
                individuals (including the country's own nationals) who 
                commit crimes that violate United States law before the 
                date of its designation as a program country, and the 
                Secretary of Homeland Security and the Secretary of 
                State assess that such cooperation is likely to 
                continue;
                    ``(E) the percentage of nationals of the country 
                refused a nonimmigrant visa under section 101(a)(15)(B) 
                during the previous full fiscal year was not more than 
                10 percent of the total number of nationals of that 
                country who were granted or refused such nonimmigrant 
                visas; and
                    ``(F) Effective period.--The amendments made by 
                this subsection shall be in effect during the period 
                beginning on the date of enactment of this Act and 
                ending on September 30, 2014.''.
    (c) Termination of Designation; Probation.--Section 217(f) of the 
Immigration and Nationality Act (8 U.S.C. 1187(f)) is amended to read 
as follows:
    ``(f) Termination of Designation; Probation.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Probationary period.--The term `probationary 
                period' means the fiscal year in which a probationary 
                country is placed in probationary status under this 
                subsection.
                    ``(B) Program country.--The term `program country' 
                has the meaning given that term in subsection 
                (c)(1)(B).
            ``(2) Determination, notice, and initial probationary 
        period.--
                    ``(A) Determination of probationary status and 
                notice of noncompliance.--As part of each program 
                country's periodic evaluation required by subsection 
                (c)(5)(A), the Secretary of Homeland Security shall 
                determine whether a program country is in compliance 
                with the program requirements under subparagraphs 
                (A)(ii) through (F) of subsection (c)(2).
                    ``(B) Initial probationary period.--If the 
                Secretary of Homeland Security determines that a 
                program country visa is not in compliance with the 
                program requirements under subparagraphs (A)(ii) 
                through (F) of subsection (c)(2), the Secretary of 
                Homeland Security shall place the program country in 
                probationary status for the fiscal year following the 
                fiscal year in which the periodic evaluation is 
                completed.
            ``(3) Actions at the end of the initial probationary 
        period.--At the end of the initial probationary period of a 
        country under paragraph (2)(B), the Secretary of Homeland 
        Security shall take one of the following actions:
                    ``(A) Compliance during initial probationary 
                period.--If the Secretary determines that all instances 
                of noncompliance with the program requirements under 
                subparagraphs (A)(ii) through (F) of subsection (c)(2) 
                that were identified in the latest periodic evaluation 
                have been remedied by the end of the initial 
                probationary period, the Secretary shall end the 
                country's probationary period.
                    ``(B) Noncompliance during initial probationary 
                period.--If the Secretary determines that any instance 
                of noncompliance with the program requirements under 
                subparagraphs (A)(ii) through (F) of subsection (c)(2) 
                that were identified in the latest periodic evaluation 
                has not been remedied by the end of the initial 
                probationary period--
                            ``(i) the Secretary may terminate the 
                        country's participation in the program; or
                            ``(ii) on an annual basis, the Secretary 
                        may continue the country's probationary status 
                        if the Secretary, in consultation with the 
                        Secretary of State, determines that the 
                        country's continued participation in the 
                        program is in the national interest of the 
                        United States.
            ``(4) Actions at the end of additional probationary 
        periods.--At the end of all probationary periods granted to a 
        country pursuant to paragraph (3)(B)(ii), the Secretary shall 
        take 1 of the following actions:
                    ``(A) Compliance during additional period.--The 
                Secretary shall end the country's probationary status 
                if the Secretary determines during the latest periodic 
                evaluation required by subsection (c)(5)(A) that the 
                country is in compliance with the program requirements 
                under subparagraphs (A)(ii) through (F) of subsection 
                (c)(2).
                    ``(B) Noncompliance during additional periods.--The 
                Secretary shall terminate the country's participation 
                in the program if the Secretary determines during the 
                latest periodic evaluation required by subsection 
                (c)(5)(A) that the program country continues to be in 
                noncompliance with the program requirements under 
                subparagraphs (A)(ii) through (F) of subsection (c)(2).
            ``(5) Effective date.--The termination of a country's 
        participation in the program under paragraph (3)(B) or (4)(B) 
        shall take effect on the first day of the first fiscal year 
        following the fiscal year in which the Secretary determines 
        that such participation shall be terminated. Until such date, 
        nationals of the country shall remain eligible for a waiver 
        under subsection (a).
            ``(6) Treatment of nationals after termination.--For 
        purposes of this subsection and subsection (d)--
                    ``(A) nationals of a country whose designation is 
                terminated under paragraph (3) or (4) shall remain 
                eligible for a waiver under subsection (a) until the 
                effective date of such termination; and
                    ``(B) a waiver under this section that is provided 
                to such a national for a period described in subsection 
                (a)(1) shall not, by such termination, be deemed to 
                have been rescinded or otherwise rendered invalid, if 
                the waiver is granted prior to such termination.
            ``(7) Consultative role of the secretary of state.--In this 
        subsection, references to subparagraphs (A)(ii) through (F) of 
        subsection (c)(2) and subsection (c)(5)(A) carry with them the 
        consultative role of the Secretary of State as provided in 
        those provisions.''.
    (d) Review of Overstay Tracking Methodology.--Not later than 180 
days after the date of the enactment of this Act, the Comptroller 
General of the United States shall conduct a review of the methods used 
by the Secretary of Homeland Security--
            (1) to track aliens entering and exiting the United States; 
        and
            (2) to detect any such alien who stays longer than such 
        alien's period of authorized admission.
    (e) Evaluation of Electronic System for Travel Authorization.--Not 
later than 90 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall submit to Congress--
            (1) an evaluation of the security risks of aliens who enter 
        the United States without an approved Electronic System for 
        Travel Authorization verification; and
            (2) a description of any improvements needed to minimize 
        the number of aliens who enter the United States without the 
        verification described in paragraph (1).
    (f) Sense of Congress on Priority for Review of Program 
Countries.--It is the sense of Congress that the Secretary of Homeland 
Security, in the process of conducting evaluations of countries 
participating in the visa waiver program under section 217 of the 
Immigration and Nationality Act (8 U.S.C. 1187), should prioritize the 
reviews of countries in which circumstances indicate that such a review 
is necessary or desirable.
    Sec. 563.  None of the funds made available under this Act may be 
used by a Federal law enforcement officer to facilitate the transfer of 
an operable firearm to an individual if the Federal law enforcement 
officer knows or suspects that the individual is an agent of a drug 
cartel unless law enforcement personnel of the United States 
continuously monitor or control the firearm at all times.
    Sec. 564.  The Inspector General shall review the applications for 
public assistance provided through the Disaster Relief Fund with a 
project cost that exceeds $10,000,000 and the resulting decisions 
issued by the Federal Emergency Management Agency for category A debris 
removal for DR-1786 upon receipt of a request from an applicant made no 
earlier than 90 days after filing an appeal with the Federal Emergency 
Management Agency without regard to whether the Administrator of the 
Federal Emergency Management Agency has issued a final agency 
determination on the application for assistance:  Provided, That not 
later than 180 days after the date of such request, the Inspector 
General shall determine whether the Federal Emergency Management Agency 
correctly applied its rules and regulations to determine eligibility of 
the applicant's claim:  Provided further, That if the Inspector General 
finds that the Federal Emergency Management Agency determinations 
related to eligibility and cost involved a misapplication of its rules 
and regulations, the applicant may submit the dispute to the 
arbitration process established under the authority granted under 
section 601 of Public Law 111-5 not later than 15 days after the date 
of issuance of the Inspector General's finding in the previous proviso: 
 Provided further, That if the Inspector General finds that the Federal 
Emergency Management Agency provided unauthorized funding, that the 
Federal Emergency Management Agency shall take corrective action.

                             (rescissions)

    Sec. 565.  Of the funds appropriated or transferred to the 
Department of Homeland Security, the following unobligated balances are 
hereby rescinded from the following accounts and programs in the 
specified amounts:
            (1) $1,800,000 from ``Analysis and Operations'';
            (2) $92,000,000 from funds made available in Public Law 
        112-10 and Public Law 112-74 under the heading U.S. Customs and 
        Border Protection, ``Border Security Fencing, Infrastructure, 
        and Technology'';
            (3) $25,000,000 from Public Law 111-83 under the heading 
        Coast Guard ``Acquisition, Construction, and Improvements'';
            (4) $34,000,000 from Public Law 112-10 under the heading 
        Coast Guard ``Acquisition, Construction, and Improvements'';
            (5) $21,667,000 from Transportation Security 
        Administration, ``Surface Transportation Security''; and
            (6) $995,654 from the Working Capital Fund from funds 
        transferred to the Department of Homeland Security when it was 
        created in 2003.
    Sec. 566.  Of the funds provided in Public Law 110-161, Public Law 
110-329, and Public Law 111-83, under the heading ``National 
Predisaster Mitigation Fund'' for congressionally directed spending 
items, $12,000,000 are rescinded from projects for which no 
applications were submitted or from projects which were completed for 
an amount less than that appropriated.
    Sec. 567.  Of the funds transferred to the Department of Homeland 
Security when it was created in 2003, the following funds are hereby 
rescinded from the following accounts and programs in the specified 
amounts:
            (1) $1,328,215 from Department of Homeland Security 
        ``Office for Domestic Preparedness''; and
            (2) $3,006,562 from Federal Emergency Management Agency 
        ``National Predisaster Mitigation Fund''.
    This Act may be cited as the ``Department of Homeland 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 Homeland Security for the 
     fiscal year ending September 30, 2013, and for other purposes.

_______________________________________________________________________

                              May 22, 2012

                 Read twice and placed on the calendar
```