National Defense Authorization Act for FY 2013

126 STAT. 1970

Definitions.

PUBLIC LAW 112–239—JAN. 2, 2013

‘‘(c) Solely for purposes of determining the propriety of removal
under subsection (a), a law enforcement officer, who is the defendant
in a criminal prosecution, shall be deemed to have been acting
under the color of his office if the officer—
‘‘(1) protected an individual in the presence of the officer
from a crime of violence;
‘‘(2) provided immediate assistance to an individual who
suffered, or who was threatened with, bodily harm; or
‘‘(3) prevented the escape of any individual who the officer
reasonably believed to have committed, or was about to commit,
in the presence of the officer, a crime of violence that resulted
in, or was likely to result in, death or serious bodily injury.
‘‘(d) In this section, the following definitions apply:
‘‘(1) The terms ‘civil action’ and ‘criminal prosecution’
include any proceeding (whether or not ancillary to another
proceeding) to the extent that in such proceeding a judicial
order, including a subpoena for testimony or documents, is
sought or issued. If removal is sought for a proceeding described
in the previous sentence, and there is no other basis for
removal, only that proceeding may be removed to the district
court.
‘‘(2) The term ‘crime of violence’ has the meaning given
that term in section 16 of title 18.
‘‘(3) The term ‘law enforcement officer’ means any employee
described in subparagraph (A), (B), or (C) of section 8401(17)
of title 5 and any special agent in the Diplomatic Security
Service of the Department of State.
‘‘(4) The term ‘serious bodily injury’ has the meaning given
that term in section 1365 of title 18.
‘‘(5) The term ‘State’ includes the District of Columbia,
United States territories and insular possessions, and Indian
country (as defined in section 1151 of title 18).
‘‘(6) The term ‘State court’ includes the Superior Court
of the District of Columbia, a court of a United States territory
or insular possession, and a tribal court.’’.
SEC. 1088. TRANSPORT FOR FEMALE GENITAL MUTILATION.

Penalty.

Section 116 of title 18, United States Code, is amended by
adding at the end the following:
‘‘(d) Whoever knowingly transports from the United States and
its territories a person in foreign commerce for the purpose of
conduct with regard to that person that would be a violation of
subsection (a) if the conduct occurred within the United States,
or attempts to do so, shall be fined under this title or imprisoned
not more than 5 years, or both.’’.

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SEC. 1089. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY
PROVISIONS OF TITLE 18.

Chapter 44 of title 18, United States Code, is amended—
(1) in section 926B—
(A) in subsection (c)(1), by inserting ‘‘or apprehension
under section 807(b) of title 10, United States Code (article
7(b) of the Uniform Code of Military Justice)’’ after ‘‘arrest’’;
(B) in subsection (d), by striking ‘‘as a law enforcement
officer’’ and inserting ‘‘that identifies the employee as a
police officer or law enforcement officer of the agency’’;
and

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PUBLIC LAW 112–239—JAN. 2, 2013

126 STAT. 1971

(C) in subsection (f), by inserting ‘‘or apprehension
under section 807(b) of title 10, United States Code (article
7(b) of the Uniform Code of Military Justice)’’ after ‘‘arrest’’;
and
(2) in section 926C—
(A) in subsection (c)(2), by inserting ‘‘or apprehension
under section 807(b) of title 10, United States Code (article
7(b) of the Uniform Code of Military Justice)’’ after ‘‘arrest’’;
and
(B) in subsection (d)—
(i) in paragraph (1), by striking ‘‘that indicates’’
and inserting ‘‘that identifies the person as having
been employed as a police officer or law enforcement
officer and indicates’’; and
(ii) in paragraph (2)(A), by inserting ‘‘that identifies the person as having been employed as a police
officer or law enforcement officer’’ after ‘‘officer’’.
SEC. 1090. REAUTHORIZATION OF SALE OF AIRCRAFT AND PARTS FOR
WILDFIRE SUPPRESSION PURPOSES.

Section 2 of the Wildfire Suppression Aircraft Transfer Act
of 1996 (10 U.S.C. 2576 note) is amended—
(1) in subsection (a), by striking ‘‘during the period beginning on October 1, 1996, and ending on September 30, 2005’’
and inserting ‘‘during a period specified in subsection (g)’’;
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new subsection (g):
‘‘(g) PERIODS FOR EXERCISE OF AUTHORITY.—The periods specified in this subsection are the following:
‘‘(1) The period beginning on October 1, 1996, and ending
on September 30, 2005.
‘‘(2) The period beginning on October 1, 2012, and ending
on September 30, 2017.’’.

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SEC. 1091. TRANSFER OF EXCESS AIRCRAFT TO OTHER DEPARTMENTS
OF THE FEDERAL GOVERNMENT.

10 USC 2576
note.

(a) TRANSFER.—The Secretary of Defense may transfer excess
aircraft specified in subsection (b) to the Secretary of Agriculture
and the Secretary of Homeland Security for use by the Forest
Service and the United States Coast Guard. The transfer of any
excess aircraft under this subsection shall be without reimbursement.
(b) AIRCRAFT.—The aircraft transferred under subsection (a)
are aircraft of the Department of Defense that are—
(1) identified by the Forest Service or the United States
Coast Guard as a suitable platform to carry out their respective
missions;
(2) excess to the needs of the Department of Defense,
as determined by the Secretary of Defense;
(3) in the case of aircraft to be transferred to the Secretary
of Agriculture, acceptable for use by the Forest Service, as
determined by the Secretary of Agriculture; and
(4) in the case of aircraft to be transferred to the Secretary
of Homeland Security, acceptable for use by the United States
Coast Guard, as determined by the Secretary of Homeland
Security.
(c) LIMITATION ON NUMBER.—

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