U.S. Congress - Text of H.R.5855 as Placed on Calendar Senate Department of Homeland Security Appropriations Act, 2013
The easiest way to email your members of Congress
Donate NowH.R.5855 - Department of Homeland Security Appropriations Act, 2013
Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2013, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Reported in House | 20,004 | n/a | n/a |
| Engrossed in House | 20,844 | 31 | 6% |
| Placed on Calendar Senate | 20,811 | 8 Show Changes Hide Changes | 0% |
Key: changed or removed text inserted or modified text
Loading Bill Text
Rollover any line of text to comment and/or link to it.
HR 5855 EHPCSCommentsClose CommentsPermalink
Calendar No. 426CommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 5855CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
June 11, 2012CommentsClose CommentsPermalink
June 11, 2012CommentsClose CommentsPermalink
Received; read twice and placed on the calendarCommentsClose CommentsPermalink
AN ACTCommentsClose CommentsPermalink
Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2013, and for other purposes.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
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 (
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 (
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 (
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 (
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 (
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.), $109,264,000, 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.CommentsClose CommentsPermalink
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; $8,366,024,000 (increased by $43,000); of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (
automation modernization
For expenses for U.S. Customs and Border Protection automated systems, $700,242,000 to remain available until September 30, 2015, of which not less than $138,794,000 shall be for the development of the Automated Commercial Environment.CommentsClose CommentsPermalink
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure, and technology, $327,099,000 (increased by $10,000,000) (reduced by $3,000,000), to remain available until September 30, 2015.CommentsClose CommentsPermalink
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, $518,469,000 (increased by $624,000), 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 approval of the Committees on Appropriations of the Senate and the House of Representatives: Provided further, That the Secretary of Homeland Security shall report to the Committees on Appropriations of the Senate and the House of Representatives, not later than 90 days after the date of enactment of this Act, on any changes to the 5-year strategic plan for the air and marine program required under this heading in
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, $252,567,000, to remain available until September 30, 2017: Provided, That the Commissioner of U.S. Customs and Border Protection shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President’s budget proposal is submitted pursuant to the requirements of
Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations, including overseas vetted units operations; and purchase and lease of up to 3,790 (2,350 for replacement only) police-type vehicles; $5,236,331,000 (reduced by $20,000,000) (increased by $20,000,000); 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 (
automation modernization
For expenses of immigration and customs enforcement automated systems, $232,006,000, to remain available until September 30, 2015: Provided, That, subject to section 503 of this Act, the Secretary of Homeland Security may transfer up to $5,000,000 to the Office of Biometric Identity Management to support the transition of the Arrival and Departure System: Provided further, That amounts transferred pursuant to the preceding provision shall remain available until September 30, 2014.CommentsClose CommentsPermalink
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, $5,450,000, to remain available until September 30, 2016.CommentsClose CommentsPermalink
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 (
(1) the Department of Homeland Security efforts and resources being devoted to develop more advanced integrated passenger screening technologies for the most effective security of passengers and baggage at the lowest possible operating and acquisition costs;CommentsClose CommentsPermalink
(2) how the Transportation Security Administration is deploying its existing passenger and baggage screener workforce in the most cost effective manner; andCommentsClose CommentsPermalink
(3) labor savings from the deployment of improved technologies for passenger and baggage screening and how those savings are being used to offset security costs or reinvested to address security vulnerabilities:CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Surface Transportation Security
For necessary expenses of the Transportation Security Administration related to surface transportation security activities, $126,418,000, to remain available until September 30, 2014.CommentsClose CommentsPermalink
Transportation Threat Assessment and Credentialing
For necessary expenses for the development and implementation of screening programs of the Office of Transportation Threat Assessment and Credentialing, $192,424,000, to remain available until September 30, 2014.CommentsClose CommentsPermalink
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 (
Federal Air Marshals
For necessary expenses of the Federal Air Marshals, $879,600,000: Provided, That the Director, Federal Air Marshal Service, shall submit to the Committees on Appropriations of the Senate and the House of Representatives not later than 90 days after the enactment of this Act a detailed, classified expenditure and staffing plan for ensuring optimal coverage of high risk flights.CommentsClose CommentsPermalink
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 at any location; payments pursuant to section 156 of
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, $12,151,000, to remain available until September 30, 2017.CommentsClose CommentsPermalink
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; $115,528,000.CommentsClose CommentsPermalink
automation modernization
For expenses of the Coast Guard automated systems, $50,000,000 (reduced by $5,200,000), to remain available until September 30, 2015.CommentsClose CommentsPermalink
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; $1,428,593,000, 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 (
(1) the proposed appropriations included in that budget;CommentsClose CommentsPermalink
(2) the total estimated cost of completion, including and clearly delineating the costs of associated major acquisition systems infrastructure and transition to operations;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(4) an estimated completion date at the projected funding levels; andCommentsClose CommentsPermalink
(5) a current acquisition program baseline for each capital asset, as applicable, that--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) includes a detailed project schedule through completion, subdivided by fiscal year, that details--CommentsClose CommentsPermalink
(i) quantities planned for each fiscal year; andCommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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 Investment Review Board, if applicable;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(F) includes the earned value management system summary schedule performance index and cost performance index for each asset, if applicable; andCommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
Provided further, That the Secretary of Homeland Security 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 proposal as submitted pursuant to the requirements of
research, development, test, and evaluation
For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $19,690,000, to remain available until September 30, 2017, of which $500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (
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.CommentsClose CommentsPermalink
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; $1,556,055,000, of which not to exceed $21,250 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 up to $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
acquisition, construction, and improvements
For necessary expenses for acquisition, construction, and improvement of physical and technological infrastructure, $56,750,000, of which $4,430,000, to remain available until September 30, 2017, shall be for acquisition, construction, improvement, and maintenance of facilities, and of which $52,320,000, to remain available until September 30, 2015, shall be for information integration and technology transformation project execution: Provided, That the Director of the United States Secret Service shall submit to the Committees on Appropriations of the Senate and the House of Representatives at the time that the President’s budget proposal for fiscal year 2014 is submitted pursuant to the requirements of
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, $45,321,000: Provided, That not to exceed $4,250 shall be for official reception and representation expenses.CommentsClose CommentsPermalink
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 (
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 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.CommentsClose CommentsPermalink
office of biometric identity management
For necessary expenses for the Office of Biometric Identity Management, as authorized by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(1) the proposed appropriations for each activity tied to mission requirements and outcomes, program management capabilities, performance levels, and specific capabilities and services to be delivered, noting any deviations in cost or performance from the prior fiscal year expenditure or investment and management plan;CommentsClose CommentsPermalink
(2) the total estimated cost, projected funding by fiscal year, and projected timeline of completion for all enhancements, modernizations, and new capabilities proposed in such budget and underway, including and clearly delineating associated efforts and funds requested by other agencies within the Department of Homeland Security and in the Federal Government, and detailing any deviations in cost, performance, schedule, or estimated date of completion provided in the prior fiscal year expenditure or investment and management plan; andCommentsClose CommentsPermalink
(3) a detailed accounting of operations and maintenance, contractor services, and program costs associated with the management of identity services.CommentsClose CommentsPermalink
Office of Health Affairs
For necessary expenses of the Office of Health Affairs, $132,003,000; of which $27,702,000 is for salaries and expenses and $85,394,000 is for BioWatch operations: Provided, That $18,907,000 shall remain available until September 30, 2014, for biosurveillance, chemical defense, medical and health planning and coordination, and workforce health protection: Provided further, That not to exceed $2,500 shall be for official reception and representation expenses: Provided further, That the Assistant Secretary for the Office of 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 45 days after the date of enactment of this Act.CommentsClose CommentsPermalink
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management Agency, $712,565,000 (increased by $7,667,000), including activities authorized by the National Flood Insurance Act of 1968 (
automation modernization
For necessary expenses for automated systems of the Federal Emergency Management Agency, $58,048,000 to remain available until September 30, 2015.CommentsClose CommentsPermalink
state and local programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other activities, $1,762,589,000 (increased by $10,000,000), which shall be distributed, according to threat, vulnerability, and consequence, at the discretion of the Secretary of Homeland Security based on the following authorities:CommentsClose CommentsPermalink
(1) The State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 (
(2) The Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 (
(3) The Metropolitan Medical Response System under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 (
(4) The Citizen Corps Program.CommentsClose CommentsPermalink
(5) Public Transportation Security Assistance and Railroad Security Assistance, under sections 1406 and 1513 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (
(6) Over-the-Road Bus Security Assistance under section 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (
(7) Port Security Grants in accordance with
(8) The Driver’s License Security Grants Program in accordance with section 204 of the REAL ID Act of 2005 (
(9) The Interoperable Emergency Communications Grant Program under section 1809 of the Homeland Security Act of 2002 (
(10) Emergency Operations Centers under section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(11) Buffer Zone Protection Program grants.CommentsClose CommentsPermalink
(12) 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 to be at high risk of a terrorist attack:CommentsClose CommentsPermalink
Provided, That of the amount provided under this heading, $55,000,000 shall be for Operation Stonegarden and no less than $150,000,000 shall be for areas at the highest threat of a terrorist attack: Provided further, That $231,681,000 shall be to sustain current operations for training, exercises, technical assistance, and other programs, of which $155,500,000 shall be for training of State, local, and tribal emergency response providers: Provided further, That for grants under paragraphs (1) through (12), 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 (
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire Prevention and Control Act of 1974 (
emergency management performance grants
For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act of 1968 (
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 (
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 (
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(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
(A) the unobligated balance of funds to be carried over from the prior fiscal year to the budget year;CommentsClose CommentsPermalink
(B) the unobligated balance of funds to be carried over from the budget year to the budget year plus 1;CommentsClose CommentsPermalink
(C) the amount of obligations for non-catastrophic events for the budget year;CommentsClose CommentsPermalink
(D) the amount of obligations for the budget year for catastrophic events delineated by event and by State;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(F) the amount of previously obligated funds that will be recovered for the budget year;CommentsClose CommentsPermalink
(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 (
(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) 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 beginning with the first full month after the date of enactment of this Act:CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) a table of disaster relief activity delineated by month, including--CommentsClose CommentsPermalink
(i) the beginning and ending balances;CommentsClose CommentsPermalink
(ii) the total obligations to include amounts obligated for fire assistance, emergencies, surge, and disaster support activities;CommentsClose CommentsPermalink
(iii) the obligations for catastrophic events delineated by event and by State; andCommentsClose CommentsPermalink
(iv) the amount of previously obligated funds that are recovered;CommentsClose CommentsPermalink
(C) a summary of allocations, obligations, and expenditures for catastrophic events delineated by event; andCommentsClose CommentsPermalink
(D) the date on which funds appropriated will be exhausted.CommentsClose CommentsPermalink
disaster assistance direct loan program account
Subject to section 502 of the Congressional Budget Act of 1974, gross obligations for the principal amount of direct loans shall not exceed $25,000,000.CommentsClose CommentsPermalink
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs, under section 1360 of the National Flood Insurance Act of 1968 (
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (
(1) $132,000,000 for operating expenses;CommentsClose CommentsPermalink
(2) $1,056,602,000 for commissions and taxes of agents;CommentsClose CommentsPermalink
(3) such sums as are necessary for interest on Treasury borrowings; andCommentsClose CommentsPermalink
(4) $120,000,000, which shall remain available until expended, for flood mitigation actions; for repetitive insurance claims properties under section 1323 of the National Flood Insurance Act of 1968 (
Provided further, That the amounts collected under section 102 of the Flood Disaster Protection Act of 1973 (
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
emergency food and shelter
To carry out the emergency food and shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act (
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services, $111,924,000 for the E-Verify Program, as described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
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
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, $27,385,000, 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.CommentsClose CommentsPermalink
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 (
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 (
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 (
(1) define each departmental entity’s roles and responsibilities in support of the domestic detection architecture, including any existing or planned programs to pre-screen cargo or conveyances overseas;CommentsClose CommentsPermalink
(2) identify and describe the specific investments being made by departmental components 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;CommentsClose CommentsPermalink
(3) describe the investments necessary to close known vulnerabilities and gaps, including associated costs and timeframes, and estimates of feasibility and cost effectiveness; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Research, Development, and Operations
For necessary expenses for radiological and nuclear research, development, testing, evaluation, and operations, $226,830,000, to remain available until September 30, 2014.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
TITLE V
GENERAL PROVISIONS
(including rescissions of funds)
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) creates a new program, project, or activity;CommentsClose CommentsPermalink
(2) eliminates a program, project, office, or activity;CommentsClose CommentsPermalink
(3) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress;CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(1) augments existing programs, projects, or activities;CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Sec. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of
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 and operating 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.CommentsClose CommentsPermalink
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 (
Sec. 507. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used to--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(3) make a sole-source grant award; orCommentsClose CommentsPermalink
(4) announce publicly the intention to make or award items under paragraph (1), (2), or (3) including a contract covered by the Federal Acquisition Regulation.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) A notification under this section--CommentsClose CommentsPermalink
(1) may not involve funds that are not available for obligation; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 510. (a) Sections 520, 522, and 530, of the Department of Homeland Security Appropriations Act, 2008 (division E of
(b) The third proviso of section 537 of the Department of Homeland Security Appropriations Act, 2006 (
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. For purposes of the preceding sentence, the term ‘Buy American Act’ means chapter 83 of title 41, United States Code.CommentsClose CommentsPermalink
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 (
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 (
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.CommentsClose CommentsPermalink
Sec. 515. Except as provided in
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.CommentsClose CommentsPermalink
Sec. 517. Section 532(a) of
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 (
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.CommentsClose CommentsPermalink
(b) Subsection (a) does not apply to obligation of funds for a contract awarded--CommentsClose CommentsPermalink
(1) by a means that is required by a Federal statute, including obligation for a purchase made under a mandated preferential program, including the AbilityOne Program, that is authorized under chapter 85 of title 41, United States Code;CommentsClose CommentsPermalink
(2) pursuant to the Small Business Act (
(3) in an amount less than the simplified acquisition threshold described under
(4) by another Federal agency using funds provided through an interagency agreement.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 fiscal year 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, 2013.CommentsClose CommentsPermalink
Sec. 520. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as a Principal Federal Official (or the successor thereto) for any Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) the responsibilities of the Principal Federal Official do not include operational functions related to incident management, including coordination of operations, and are consistent with the requirements of section 509(c) and sections 503(c)(3) and 503(c)(4)(A) of the Homeland Security Act of 2002 (
(2) not later than 10 business days after the latter of the date on which the Secretary of Homeland Security appoints the Principal Federal Official and the date on which the President issues a declaration under section 401 or section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(3) not later than 60 days after the date of enactment of this Act, the Secretary shall provide a report specifying timeframes and milestones regarding the update of operations, planning and policy documents, and training and exercise protocols, to ensure consistency with paragraph (1) of this section.CommentsClose CommentsPermalink
Sec. 521. 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 (
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.CommentsClose CommentsPermalink
Sec. 523. Section 831 of the Homeland Security Act of 2002 (
(1) in subsection (a), in the matter preceding paragraph (1), by striking ‘September 30, 2012’ and inserting ‘September 30, 2013’; andCommentsClose CommentsPermalink
(2) in subsection (c)(1), in the matter preceding subparagraph (A), by striking ‘September 30, 2012’ and inserting ‘September 30, 2013’.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
Sec. 525. 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 (
Sec. 526. 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--CommentsClose CommentsPermalink
(1) a controlled substance, as defined in section 102 of the Controlled Substances Act (
(2) a biological product, as defined in section 351 of the Public Health Service Act (
Sec. 527. 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
Sec. 528. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card.CommentsClose CommentsPermalink
Sec. 529. If the Administrator of the Transportation Security Administration determines that an airport does not need to participate in the E-Verify Program as described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
Sec. 530. (a) Notwithstanding any other provision of law during fiscal year 2013 or any subsequent fiscal year, the Secretary of Homeland Security shall ensure that the Administrator of General Services sells through public sale all real and related personal property and transportation assets which support Plum Island operations, subject to such terms and conditions as may be necessary to protect Government interests and meet program requirements.CommentsClose CommentsPermalink
(b) The proceeds of the sale described in subsection (a) shall be deposited as offsetting collections into the Department of Homeland Security -- Science and Technology -- ‘Research, Development, Acquisition, and Operations’ account and, subject to appropriation, shall be available until expended, for site acquisition, construction, and costs related to the construction of the National Bio- and Agro-defense Facility, including the costs associated with the sale, including due diligence requirements, necessary environmental remediation at Plum Island, and reimbursement of expenses incurred by the General Services Administration.CommentsClose CommentsPermalink
Sec. 531. 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.CommentsClose CommentsPermalink
Sec. 532. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (
Sec. 533. 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--CommentsClose CommentsPermalink
(1) is not a United States citizen or a member of the Armed Forces of the United States; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Sec. 534. 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.CommentsClose CommentsPermalink
Sec. 535. None of the funds made available in this Act 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.CommentsClose CommentsPermalink
Sec. 536. 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 (
Sec. 537. (a) Any company that collects or retains personal information directly from any individual who participates in the Registered Traveler or successor program of the Transportation Security Administration shall safeguard and dispose of such information in accordance with the requirements in--CommentsClose CommentsPermalink
(1) the National Institute for Standards and Technology Special Publication 800-30, entitled ‘Risk Management Guide for Information Technology Systems’;CommentsClose CommentsPermalink
(2) the National Institute for Standards and Technology Special Publication 800-53, Revision 3, entitled ‘Recommended Security Controls for Federal Information Systems and Organizations,’; andCommentsClose CommentsPermalink
(3) any supplemental standards established by the Administrator of the Transportation Security Administration (referred to in this section as the ‘Administrator’).CommentsClose CommentsPermalink
(b) The airport authority or air carrier operator that sponsors the company under the Registered Traveler program shall be known as the ‘Sponsoring Entity’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Sec. 538. 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.CommentsClose CommentsPermalink
Sec. 539. (a) Not later than 90 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--CommentsClose CommentsPermalink
(1) certifies that the requirement for screening all air cargo on passenger aircraft by the deadline under
(2) includes a strategy to comply with the requirements under title 44901(g) of title 49, United States Code, including--CommentsClose CommentsPermalink
(A) a plan to meet the requirement under
(B) specification of--CommentsClose CommentsPermalink
(i) the percentage of such air cargo that is being screened; andCommentsClose CommentsPermalink
(ii) the schedule for achieving screening of 100 percent of such air cargo.CommentsClose CommentsPermalink
(b) The Administrator shall continue to submit reports described in subsection (a)(2) every 90 days until the Administrator certifies that the Transportation Security Administration has achieved screening of 100 percent of such air cargo.CommentsClose CommentsPermalink
Sec. 540. 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.CommentsClose CommentsPermalink
Sec. 541. (a) Notwithstanding section 286(n) of the Immigration and Nationality Act (
(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.CommentsClose CommentsPermalink
Sec. 542. None of the funds appropriated or otherwise made available by this Act may be used by the Department of Homeland Security to enter into any Federal contract unless such contract is entered into in accordance with the requirements of subtitle I of title 41, United States Code or chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless such contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes.CommentsClose CommentsPermalink
Sec. 543. Notwithstanding any other provision of law, if the Secretary of Homeland Security determines that specific U.S. Immigration and Customs Enforcement Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities no longer meet the mission need, the Secretary is authorized to dispose of individual Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities by directing the Administrator of General Services to sell all real and related personal property which support Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities, subject to such terms and conditions as necessary to protect Government interests and meet program requirements: Provided, That the proceeds, net of the costs of sale incurred by the General Services Administration and U.S. Immigration and Customs Enforcement, shall be deposited as offsetting collections into a separate account that shall be available, subject to appropriation, until expended for other real property capital asset needs of existing U.S. Immigration and Customs Enforcement assets, excluding daily operations and maintenance costs, as the Secretary deems appropriate: Provided further, That any sale or collocation of federally owned detention facilities shall not result in the maintenance of fewer than 34,000 detention beds: Provided further, That the Committees on Appropriations of the Senate and the House of Representatives shall be notified 15 days prior to the announcement of any proposed sale or collocation.CommentsClose CommentsPermalink
Sec. 544. None of the funds made available under this Act or any prior appropriations Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations.CommentsClose CommentsPermalink
Sec. 545. The Department of Homeland Security Chief Information Officer, the Commissioner of U.S. Customs and Border Protection, and the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement shall, with respect to fiscal years 2013, 2014, 2015, and 2016, submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President’s budget proposal for fiscal year 2014 is submitted pursuant to the requirements of
Sec. 546. The Secretary of Homeland Security shall ensure enforcement of immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (
Sec. 547. (a) The Secretary of Homeland Security shall ensure by submitting proposals that the fees collected pursuant to section 13031(b)(1)(A)(i) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (
(b) The President’s budget request shall include proposals to completely offset any budgetary cost associated with the provisions of subsection (a).CommentsClose CommentsPermalink
Sec. 548. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
Sec. 549. (a) Restriction- Except as provided in subsection (b), the Secretary and the Deputy Secretary of Homeland Security and the Commandant and Vice Commandant of the Coast Guard may not travel aboard any Coast Guard owned or operated fixed-wing aircraft after the date of the submission of the President’s budget request for fiscal year 2014 if the Secretary has not provided the Committees on Appropriations of the House of Representatives and the Senate the Comprehensive Acquisition Strategy Report required in title I and the Commandant has not provided the Capital Investment Plan, required in Coast Guard Acquisition, Construction and Improvement of title II.CommentsClose CommentsPermalink
(b) Exception- Subsection (a) shall not apply in the case of travel aboard an aircraft described in such subsection--CommentsClose CommentsPermalink
(1) to respond to a major disaster or emergency declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(2) to respond to a discharge classified as a spill of national significance under part 300.323 of title 40, Code of Federal Regulations;CommentsClose CommentsPermalink
(3) for evacuation purposes, including for a medical emergency; orCommentsClose CommentsPermalink
(4) to respond to emergent national security issues as required by the President.CommentsClose CommentsPermalink
(c) Notification- The Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate in writing not later than 5 days after engaging in travel prohibited in subsection (a) under an exception provided in subsection (b).CommentsClose CommentsPermalink
Sec. 550. Notwithstanding Office of Management and Budget Circular A-11, in a budget submission of the Coast Guard for Department of Homeland Security, Coast Guard, ‘Acquisition, Construction, and Improvements’ for fiscal year 2014 or any fiscal year thereafter, costs related to the construction or conversion of a cutter shall be requested in accordance with the following guidelines:CommentsClose CommentsPermalink
(1) Costs of outfitting and post-delivery activities and spare or repair parts shall be requested not earlier than for the first fiscal year in which it is necessary to incur such costs to maintain a planned production schedule, which may be subsequent to the fiscal year for which cutter end costs are requested.CommentsClose CommentsPermalink
(2) Costs of long lead time items shall be requested for the fiscal year in which it is necessary to incur such costs to maintain a planned production schedule, which may be in advance of the fiscal year for which cutter end costs are requested.CommentsClose CommentsPermalink
(3) Costs of program management shall be requested for each fiscal year, for the portion of program management costs attributable to such fiscal year.CommentsClose CommentsPermalink
(4) For purposes of the preceding paragraphs--CommentsClose CommentsPermalink
(A) the term ‘long lead time items’ means components, parts, material, or effort with significantly longer lead times than other elements of an end item;CommentsClose CommentsPermalink
(B) the term ‘outfitting’ means procurement or installation of on board repair parts, other secondary items, equipage, and recreation items; precommissioning crew support; general use consumables furnished to the shipbuilder; the fitting out activity to fill a vessel’s initial allowances; and contractor-furnished spares;CommentsClose CommentsPermalink
(C) the term ‘post delivery activities’ includes design, planning, Government furnished material, and related labor for Government-responsible defects and deficiencies identified during builders trials, acceptance trials, and testing during the post-delivery period; costs of all work required to correct defects or deficiencies identified during the post-delivery period; and costs of all work required to correct trial card deficiencies on a vessel of a particular class, as well as on subsequent vessels of that class (whether or not delivered) until the corrective action for that cutter class is completed; andCommentsClose CommentsPermalink
(D) the term ‘cutter end costs’ includes the cost of construction or conversion of a vessel, deferred work identified prior to vessel delivery, and, when unrelated to a specific fix, normal changes authorized prior to completion of fitting out, advanced planning, and travel.CommentsClose CommentsPermalink
Sec. 551. (a) The President, acting through the Administrator of the Federal Emergency Management Agency, shall establish new procedures to administer assistance for debris and wreckage removal provided under sections 403(a)(3)(A), 407, and 502(a)(5) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(b) The new procedures established under paragraph (a) may include--CommentsClose CommentsPermalink
(1) making grants on the basis of fixed estimates to provide financial incentives and disincentives for the timely or cost effective completion of projects under sections 403(a)(3)(A), 407, and 502(a)(5) of such Act if the State, local government, or owner or operator of the private non-profit facility agrees to be responsible to pay for any actual costs that exceed the estimate;CommentsClose CommentsPermalink
(2) using a sliding scale for the Federal share for removal of debris and wreckage based on the time it takes to complete debris and wreckage removal;CommentsClose CommentsPermalink
(3) allowing utilization of program income from recycled debris without offset to grant amount;CommentsClose CommentsPermalink
(4) reimbursing base and overtime wages for employees and extra hires of a State, local government, or owner or operator of a private non-profit facility performing or administering debris and wreckage removal; andCommentsClose CommentsPermalink
(5) notwithstanding any other provision of law, if the actual costs of projects under subparagraph (b)(1) are less than the estimated costs thereof, the Administrator may permit a grantee or sub grantee to use all or part of the excess funds for any of the following purposes:CommentsClose CommentsPermalink
(A) Debris management planning.CommentsClose CommentsPermalink
(B) Acquisition of debris management equipment for current or future use.CommentsClose CommentsPermalink
(C) Other activities to improve future debris removal operations, as determined by the Administrator.CommentsClose CommentsPermalink
Sec. 552. (a) Of the amounts made available by this Act for ‘Department of Homeland Security--National Protection and Programs Directorate--Infrastructure Protection and Information Security--Federal Network Security’, $202,000,000 shall be used to deploy on Federal systems technology to improve the information security of agency information systems covered by
(b) Funds made available under this section may not be used to supplant funds provided for any such system within an agency budget.CommentsClose CommentsPermalink
(c) Not later than April 1, 2013, the heads of all Federal agencies shall submit to the Committees on Appropriations of the Senate and House of Representatives expenditure plans for necessary cybersecurity improvements to address known vulnerabilities to information systems described in subsection (a).CommentsClose CommentsPermalink
(d) Not later July 1, 2013, and quarterly thereafter, the head of each Federal agency shall submit to the Director of the Office of Management and Budget a report on the execution of the expenditure plan for that agency required by subsection (c): Provided, That the Director of the Office of Management and Budget shall summarize such execution reports and annually submit such summaries to Congress in conjunction with the annual progress report on implementation of the E-Government Act of 2002 (
(e) This section shall not apply to the legislative and judicial branches of the Federal Government and shall apply to all Federal agencies within the executive branch except for the Department of Defense, the Central Intelligence Agency, and the Office of the Director of National Intelligence.CommentsClose CommentsPermalink
Sec. 553. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.CommentsClose CommentsPermalink
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.CommentsClose CommentsPermalink
Sec. 554. 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.CommentsClose CommentsPermalink
Sec. 555. The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States Government receiving funds appropriated in this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following:CommentsClose CommentsPermalink
(1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts.CommentsClose CommentsPermalink
(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts.CommentsClose CommentsPermalink
(3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States.CommentsClose CommentsPermalink
(4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts.CommentsClose CommentsPermalink
Sec. 556. (a) None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency at any single conference occurring outside the United States, unless--CommentsClose CommentsPermalink
(1) such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States; orCommentsClose CommentsPermalink
(2) such attendance is pursuant to law enforcement, security, or military operations.CommentsClose CommentsPermalink
Sec. 557. (a) The head of any agency, office, or component funded by this Act shall submit quarterly reports to the Inspector General regarding the costs and contracting procedures relating to each conference, ceremony, and similar event, to include commissioning, de-commissioning, change of command, and other ceremonies, held by the agency during fiscal year 2013 for which the cost to the Government was more than $20,000.CommentsClose CommentsPermalink
(b) Each report submitted under subsection (a) shall include, for each event described in that subsection held during the applicable quarter--CommentsClose CommentsPermalink
(1) a description of the subject of and number of participants attending that event;CommentsClose CommentsPermalink
(2) a detailed statement of the costs to the Government relating to that event, including--CommentsClose CommentsPermalink
(A) the cost of any food or beverages;CommentsClose CommentsPermalink
(B) the cost of any audio-visual services; andCommentsClose CommentsPermalink
(C) a discussion of the methodology used to determine which costs relate to that event; andCommentsClose CommentsPermalink
(3) a description of the contracting procedures relating to that event, including--CommentsClose CommentsPermalink
(A) whether contracts were awarded on a competitive basis for that event; andCommentsClose CommentsPermalink
(B) a discussion of any cost comparison conducted by the agency in evaluating potential contractors for that event.CommentsClose CommentsPermalink
(c) Not later than 30 days after the end of fiscal year 2013, the Inspector General shall submit a report to the Committees on Appropriations of the Senate and the House of Representatives on Department of Homeland Security spending on conferences, ceremonies, and similar events in fiscal year 2013, as reported pursuant to subsections (a) and (b). The report shall list the relevant events, substantiate that the Department complied with all applicable laws and regulations associated with spending on such events, and describe in detail the total costs to the Government associated with those events, to include the amount of funding obligated and expended by appropriation or other source of funding, including relevant budget accounts.CommentsClose CommentsPermalink
Sec. 558. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.CommentsClose CommentsPermalink
Sec. 559. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.CommentsClose CommentsPermalink
(rescissions)
Sec. 560. The unobligated balance of each amount specified for a project or activity under the heading ‘Federal Emergency Management Agency--National Predisaster Mitigation Fund’ in the explanatory statement accompanying
(rescissions)
Sec. 561. Of the funds appropriated in Department of Homeland Security Acts the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended:CommentsClose CommentsPermalink
(1) $42,500,000 from Coast Guard ‘Acquisition, Construction, and Improvements,’ 2010/2014.CommentsClose CommentsPermalink
(2) $91,100,000 from Coast Guard ‘Acquisition, Construction, and Improvements,’ 2011/2015.CommentsClose CommentsPermalink
(3) $40,412,000 from U.S. Customs and Border Protection ‘Border Security Fencing, Infrastructure, and Technology,’ 2012/2014.CommentsClose CommentsPermalink
(4) $48,000,000 from Coast Guard ‘Acquisition, Construction, and Improvements,’ 2012/2016.CommentsClose CommentsPermalink
(rescission)
Sec. 562. From the unobligated balances made available in the Department of the Treasury Forfeiture Fund established by section 9703.1 of title 31, United States Code, which was added to such title by section 638 of
(rescissions)
Sec. 563. 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:CommentsClose CommentsPermalink
(1) $1,316,000 from Department of Homeland Security ‘Office for Domestic Preparedness’; andCommentsClose CommentsPermalink
(2) $2,831,000 from Federal Emergency Management Agency ‘National Predisaster Mitigation Fund’.CommentsClose CommentsPermalink
Sec. 564. (a)
(b) The table of sections at the beginning of chapter 449 of title 49, United States Code, is hereafter amended by striking the item relating to such section.CommentsClose CommentsPermalink
Sec. 565. None of the funds made available by this Act may be used to require a facility to employ or to not employ a particular security measure for personnel surety if the facility has adopted personnel measures designed to--CommentsClose CommentsPermalink
(1) verify and validate individuals’ identification;CommentsClose CommentsPermalink
(2) check individuals’ criminal history;CommentsClose CommentsPermalink
(3) verify and validate individuals’ legal authorization to work; andCommentsClose CommentsPermalink
(4) identify people with terrorist ties.CommentsClose CommentsPermalink
Sec. 566. None of the funds appropriated by this Act for U.S. Immigration and Customs Enforcement shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.CommentsClose CommentsPermalink
Sec. 567. None of the funds appropriated by this Act for U.S. Immigration and Customs Enforcement shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.CommentsClose CommentsPermalink
Sec. 568. Nothing in the preceding section shall remove the obligation of the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement to provide escort services necessary for a female detainee to receive such service outside the detention facility: Provided, That nothing in this section in any way diminishes the effect of section 567 intended to address the philosophical beliefs of individual employees of U.S. Immigration and Customs Enforcement.CommentsClose CommentsPermalink
spending reduction account
Sec. 569. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0.CommentsClose CommentsPermalink
Sec. 570. None of the funds made available in this Act may be used in contravention of any of the following:CommentsClose CommentsPermalink
(1) The Fifth and Fourteenth Amendments to the Constitution of the United States.CommentsClose CommentsPermalink
(2) Title VI of the Civil Rights Act of 1964 (relating to nondiscrimination in federally assisted programs).CommentsClose CommentsPermalink
(3) Section 809(c)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (relating to prohibition of discrimination).CommentsClose CommentsPermalink
(4) Section 210401(a) of the Violent Crime and Law Enforcement Act of 1994 (relating to unlawful police pattern or practice).CommentsClose CommentsPermalink
Sec. 571. None of the funds made available by this Act may be used to finalize, implement, administer, or enforce the rule entitled ‘Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives’ published by the Department of Homeland Security on April 2, 2012 (77 Fed. Reg. 19902).CommentsClose CommentsPermalink
Sec. 572. None of the funds made available by this Act may be used to provide funding for the position of Public Advocate within U.S. Immigration and Customs Enforcement.CommentsClose CommentsPermalink
Sec. 573. None of the funds made available by this Act may be used to enforce section 526 of the Energy Independence and Security Act of 2007 (
Sec. 574. None of the funds made available by this Act may be used to implement, administer, or enforce
Sec. 575. None of the funds made available by this Act may be used in contravention of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
Sec. 576. None of the funds made available by this Act may be used by the Department of Homeland Security any other Federal agency to lease or purchase new light duty vehicles, for any executive fleet, or for an agency’s fleet inventory, except in accordance with Presidential Memorandum-Federal Fleet Performance, dated May 24, 2011.CommentsClose CommentsPermalink
Sec. 577. None of the funds made available under this Act may be used in contravention of immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (
Sec. 578. None of the funds made available by this Act may be used for the purchase, operation, or maintenance of armed unmanned aerial vehicles.CommentsClose CommentsPermalink
Sec. 579. None of the funds made available by this Act may be used in contravention of section 236(c) of the Immigration and Nationality Act (
Sec. 580. None of the funds made available in this Act may be used to enforce Executive Order 13166 (August 16, 2000; 65 Fed. Reg. 50121).CommentsClose CommentsPermalink
Sec. 581. (a) None of the funds made available in this Act may be used to finalize, implement, administer, or enforce the ‘Morton Memos’ described in subsection (b).CommentsClose CommentsPermalink
(b) For purposes of this section, the term ‘Morton Memos’ refers to the following documents:CommentsClose CommentsPermalink
(1) Policy Number 10072.1, published on March 2, 2011.CommentsClose CommentsPermalink
(2) Policy Number 10075.1, published on June 17, 2011.CommentsClose CommentsPermalink
(3) Policy Number 10076.1, published on June 17, 2011.CommentsClose CommentsPermalink
Sec. 582. None of the funds made available by this Act may be used to terminate an agreement governing a delegation of authority under section 287(g) of the Immigration and Nationality Act (
This Act may be cited as the ‘Department of Homeland Security Appropriations Act, 2013’.CommentsClose CommentsPermalink
Passed the House of Representatives June 7, 2012.CommentsClose CommentsPermalink
Attest:CommentsClose CommentsPermalink
Clerk.
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 5855CommentsClose CommentsPermalink
AN ACTCommentsClose CommentsPermalink
Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2013, and for other purposes.CommentsClose CommentsPermalink
June 11, 2012CommentsClose CommentsPermalink
June 11, 2012CommentsClose CommentsPermalink
Received; read twice and placed on the calendarCommentsClose CommentsPermalink
Vote on This Bill
-
Share This Bill
More Share via Email
