[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 933 Engrossed in House (EH)]
113th CONGRESS
1st Session
H. R. 933
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense, Military
Construction and Veterans Affairs, and Full-Year Continuing
Appropriations Act, 2013''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Division A--Department of Defense Appropriations Act, 2013
Division B--Military Construction and Veterans Affairs, and
Related Agencies Appropriations Act, 2013
Division C--Full-Year Continuing Appropriations Act, 2013
Division D--Across-the-Board Reductions
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in division A, B, or C of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act printed in the House
of Representatives section of the Congressional Record on or about
March 7, 2013 by the Chairman of the Committee on Appropriations of the
House shall have the same effect with respect to the allocation of
funds and implementation of this Act as if it were a joint explanatory
statement of a committee of conference.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985 shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2013, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $40,199,263,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $26,902,346,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $12,531,549,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $28,052,826,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,456,823,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,874,023,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$658,251,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air Force Reserve on active
duty under sections 10211, 10305, and 8038 of title 10, United States
Code, or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,722,425,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard while on
duty under section 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$7,981,577,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,153,990,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $12,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $35,409,260,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,804,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$41,614,453,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$6,034,963,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $34,780,406,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$31,862,980,000: Provided, That not more than $30,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity
for confidential military purposes: Provided further, That of the funds
provided under this heading, not less than $36,480,000 shall be made
available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That
$8,563,000, to remain available until expended, is available only for
expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available for
the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,182,923,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,256,347,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $277,377,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,261,324,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $7,154,161,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,494,326,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $13,516,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $335,921,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $310,594,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $529,263,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $11,133,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $287,543,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $108,759,000, to remain available until
September 30, 2014.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and,
with appropriate authorization by the Department of Defense and
Department of State, to countries outside of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $519,111,000, to remain available until September 30, 2015.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $50,198,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $6,028,754,000, to remain available for obligation until
September 30, 2015.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,535,433,000, to remain available for obligation until
September 30, 2015.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,857,823,000, to remain available for obligation until September 30,
2015.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,641,306,000, to remain available for
obligation until September 30, 2015.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$5,741,664,000, to remain available for obligation until September 30,
2015.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $17,382,152,000, to remain available for obligation
until September 30, 2015.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,036,871,000, to remain available
for obligation until September 30, 2015.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $659,897,000, to remain available for
obligation until September 30, 2015.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program, $565,371,000;
Virginia Class Submarine, $3,217,601,000;
Virginia Class Submarine (AP), $1,652,557,000;
CVN Refuelings, $1,613,392,000;
CVN Refuelings (AP), $70,010,000;
DDG-1000 Program, $669,222,000;
DDG-51 Destroyer, $4,036,628,000;
DDG-51 Destroyer (AP), $466,283,000;
Littoral Combat Ship, $1,784,959,000;
LPD-17 (AP), $263,255,000;
Joint High Speed Vessel, $189,196,000;
Moored Training Ship, $307,300,000;
LCAC Service Life Extension Program, $85,830,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $290,035,000.
Completion of Prior Year Shipbuilding Programs,
$372,573,000.
In all: $15,584,212,000, to remain available for obligation until
September 30, 2017: Provided, That additional obligations may be
incurred after September 30, 2017, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $5,955,078,000, to
remain available for obligation until September 30, 2015.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,411,411,000, to remain available for obligation
until September 30, 2015.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $11,774,019,000, to remain available for
obligation until September 30, 2015.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things,
$4,962,376,000, to remain available for obligation until September 30,
2015.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $594,694,000, to remain available for
obligation until September 30, 2015.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $17,082,508,000, to remain
available for obligation until September 30, 2015.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $4,878,985,000, to remain available for obligation until
September 30, 2015.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $223,531,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$8,676,627,000, to remain available for obligation until September 30,
2014.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$16,963,398,000, to remain available for obligation until September 30,
2014: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided further, That
funds appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$25,432,738,000, to remain available for obligation until September 30,
2014.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $18,631,946,000, to remain
available for obligation until September 30, 2014: Provided, That of
the funds made available in this paragraph, $250,000,000 for the
Defense Rapid Innovation Program shall only be available for expenses,
not otherwise provided for, to include program management and
oversight, to conduct research, development, test and evaluation to
include proof of concept demonstration; engineering, testing, and
validation; and transition to full-scale production: Provided further,
That the Secretary of Defense may transfer funds provided herein for
the Defense Rapid Innovation Program to appropriations for research,
development, test and evaluation to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
30 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $223,768,000, to remain available for obligation
until September 30, 2014.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,516,184,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $697,840,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components
(engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$32,715,304,000; of which $30,885,165,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
until September 30, 2014, and of which up to $15,934,952,000 may be
available for contracts entered into under the TRICARE program; of
which $521,762,000, to remain available for obligation until September
30, 2015, shall be for procurement; and of which $1,308,377,000, to
remain available for obligation until September 30, 2014, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount made
available under this heading for research, development, test and
evaluation, not less than $8,000,000 shall be available for HIV
prevention educational activities undertaken in connection with United
States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations: Provided further,
That of the funds provided to develop a joint Department of Defense--
Department of Veterans Affairs (DOD-VA) integrated Electronic Health
Record, not more than 25 percent may be obligated until the DOD-VA
Interagency Program Office submits to the Committees on Appropriations
of both Houses of Congress, and such Committees approve, a plan for
expenditure that: (1) defines the budget and cost baseline for
development of the integrated Electronic Health Record; (2) identifies
the deployment timeline for the system for both agencies; (3) breaks
out annual and total spending for each Department; (4) relays detailed
cost-sharing business rules; (5) establishes data standardization
schedules between the Departments; (6) has been submitted to the
Government Accountability Office for review; and (7) complies with the
acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,301,786,000, of which $635,843,000 shall
be for operation and maintenance, of which no less than $53,948,000
shall be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $22,214,000 for activities on military installations and
$31,734,000, to remain available until September 30, 2014, to assist
State and local governments; $18,592,000 shall be for procurement, to
remain available until September 30, 2015, of which $1,823,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to assist
State and local governments; and $647,351,000, to remain available
until September 30, 2014, shall be for research, development, test and
evaluation, of which $627,705,000 shall only be for the Assembled
Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,159,263,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $350,321,000, of which $347,621,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $2,700,000, to remain available until September
30, 2015, shall be for procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $534,421,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$4,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2013: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2013: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer. Except
in amounts equal to the amounts appropriated to working capital funds
in this Act, no obligations may be made against a working capital fund
to procure or increase the value of war reserve material inventory,
unless the Secretary of Defense has notified the Congress prior to any
such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance
procurement activities in the fiscal year covered by the
budget, full funding of procurement of such unit in that fiscal
year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units to
be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
F/A-18E, F/A-18F, and EA-18G aircraft; up to 10 DDG-51 Arleigh
Burke class Flight IIA guided missile destroyers, as well as the AEGIS
Weapon Systems, MK 41 Vertical Launching Systems, and Commercial
Broadband Satellite Systems associated with those vessels; SSN-774
Virginia class submarine and government-furnished equipment; CH-47
Chinook helicopter; and V-22 Osprey aircraft variants.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2013, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2014 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2014 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2014.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only to
active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section, the term ``manufactured'' shall include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United States: Provided
further, That when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the Secretary of
the service responsible for the procurement may waive this restriction
on a case-by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to
acquire capability for national security purposes.
Sec. 8017. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8018. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8019. In addition to the funds provided elsewhere in this
Act, $15,000,000 is appropriated only for incentive payments authorized
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 1906 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8021. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8022. (a) Of the funds made available in this Act, not less
than $38,634,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $28,404,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $9,298,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $932,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year: Provided,
That a member of any such entity referred to previously in this
subsection shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2013 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2013, not more than
5,750 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided; That of the specific amount referred to
previously in this subsection, not more than 1,125 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2014 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.
Sec. 8024. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy, or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8025. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8026. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8027. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2013. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8028. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687
note) shall be available until expended for the payments specified by
section 2921(c)(2) of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $250,000.
Sec. 8031. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2014 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2014 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2014 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8032. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2014: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947, as
amended, shall remain available until September 30, 2014.
Sec. 8033. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8034. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8035. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8036. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this
limitation shall not apply to contracts in an amount of less
than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which
a civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
Sec. 8037. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats; or
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense.
Sec. 8038. None of the funds made available in this Act may be
used to approve or license the sale of the F-22A advanced tactical
fighter to any foreign government: Provided, That the Department of
Defense may conduct or participate in studies, research, design and
other activities to define and develop a future export version of the
F-22A that protects classified and sensitive information, technologies
and U.S. warfighting capabilities.
Sec. 8039. The Secretary of Defense, notwithstanding any other
provision of law, acting through the Office of Economic Adjustment of
the Department of Defense, may use funds made available in this Act
under the heading ``Operation and Maintenance, Defense-Wide'' to make
grants and supplement other Federal funds in accordance with the
guidance provided in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
Sec. 8040. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or
function under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees
under chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals in
accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an Indian
tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)),
or a Native Hawaiian Organization, as defined in section
8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8041. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51
Destroyer, $98,400,000;
``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51
Destroyer Advance Procurement, $2,500,000;
``Shipbuilding and Conversion, Navy, 2007/ 2018'': CVN
Refueling Overhaul, $14,100,000;
``Procurement of Ammunition, Army, 2011/ 2013'',
$14,862,000;
``Other Procurement, Army, 2011/2013'', $108,098,000;
``Aircraft Procurement, Navy, 2011/2013'', $43,860,000;
``Shipbuilding and Conversion, Navy, 2011/ 2015'': DDG-51
Destroyer, $215,300,000;
``Weapons Procurement, Navy, 2011/2013'', $22,000,000;
``Aircraft Procurement, Air Force, 2011/2013'',
$93,400,000;
``Other Procurement, Air Force, 2011/2013'', $9,500,000;
``Operation and Maintenance, Defense-Wide, 2012/XXXX'',
$21,000,000;
``Aircraft Procurement, Army, 2012/2014'', $47,400,000;
``Other Procurement, Army, 2012/2014'', $179,608,000;
``Aircraft Procurement, Navy, 2012/2014'', $19,040,000;
``Shipbuilding and Conversion, Navy, 2012/ 2016'': Littoral
Combat Ship, $28,800,000;
``Shipbuilding and Conversion, Navy, 2012/ 2016'': DDG-51
Destroyer, $83,000,000;
``Weapons Procurement, Navy, 2012/2014'', $36,467,000;
``Procurement of Ammunition, Navy and Marine Corps, 2012/
2014'', $16,300,000;
``Procurement, Marine Corps, 2012/2014'', $132,555,000;
``Aircraft Procurement, Air Force, 2012/2014'',
$394,299,000;
``Missile Procurement, Air Force, 2012/2014'', $52,898,000;
``Other Procurement, Air Force, 2012/2014'', $55,800,000;
``Procurement, Defense-Wide, 2012/2014'', $16,000,000;
``Research, Development, Test and Evaluation, Army, 2012/
2013'', $41,000,000;
``Research, Development, Test and Evaluation, Navy, 2012/
2013'', $246,800,000;
``Research, Development, Test and Evaluation, Air Force,
2012/2013'', $149,460,000.
Sec. 8042. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8043. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8044. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8045. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2003, level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population is
declining in some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and capitation-
based budgeting.
Sec. 8046. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8047. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement Policy
Act, except that the restriction shall apply to ball or roller bearings
purchased as end items.
Sec. 8048. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8049. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8050. (a) Notwithstanding any other provision of law, none of
the funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate are notified 15 days in
advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how
the President proposes to provide funds for such
replacement.
Sec. 8051. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8052. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8053. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8054. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8055. Using funds made available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a determination under
section 2690 of title 10, United States Code, may implement cost-
effective agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United States
anthracite as the base load energy for municipal district heat to the
United States Defense installations: Provided further, That at
Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services, if
provisions are included for the consideration of United States coal as
an energy source.
Sec. 8056. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
Sec. 8057. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
8109, 8211, 8215, and 9404.
Sec. 8058. (a) None of the funds made available by this Act may be
used to support any training program involving a unit of the security
forces or police of a foreign country if the Secretary of Defense has
received credible information from the Department of State that the
unit has committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the Secretary of
State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given to
all credible information available to the Department of State relating
to human rights violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the Secretary
of State, may waive the prohibition in subsection (a) if he determines
that such waiver is required by extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver under
subsection (c), the Secretary of Defense shall submit a report to the
congressional defense committees describing the extraordinary
circumstances, the purpose and duration of the training program, the
United States forces and the foreign security forces involved in the
training program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8059. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8060. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8061. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment of this Act, to the
House and Senate Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8062. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support
to another department or agency of the United States if such department
or agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable
basis, and is providing the requested support pursuant to such
authority: Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and
the Senate that it is in the national security interest to do so.
Sec. 8063. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8064. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8065. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8066. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
(including transfer of funds)
Sec. 8067. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $133,381,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered into
under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8068. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter under
subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C.
113 note) shall continue in effect to apply to disbursements that are
made by the Department of Defense in fiscal year 2013.
(including transfer of funds)
Sec. 8069. During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and Maintenance,
Defense-Wide'' may be transferred to the Department of State ``Global
Security Contingency Fund'': Provided, That this transfer authority is
in addition to any other transfer authority available to the Department
of Defense: Provided further, That the Secretary of Defense shall, not
fewer than 30 days prior to making transfers to the Department of State
``Global Security Contingency Fund'', notify the congressional defense
committees in writing with the source of funds and a detailed
justification, execution plan, and timeline for each proposed project.
Sec. 8070. In addition to amounts provided elsewhere in this Act,
$4,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $479,736,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$211,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, $149,679,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program, including
cruise missile defense research and development under the SRBMD
program, of which $39,200,000 shall be for production activities of
SRBMD missiles in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws, regulations,
and procedures, $74,692,000 shall be available for an upper-tier
component to the Israeli Missile Defense Architecture, and $44,365,000
shall be for the Arrow System Improvement Program including development
of a long range, ground and airborne, detection suite: Provided
further, That funds made available under this provision for production
of missiles and missile components may be transferred to appropriations
available for the procurement of weapons and equipment, to be merged
with and to be available for the same time period and the same purposes
as the appropriation to which transferred: Provided further, That the
transfer authority provided under this provision is in addition to any
other transfer authority contained in this Act.
Sec. 8072. (a) None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
U.S. Navy forces assigned to the Pacific fleet.
(b) None of the funds available to the Department of Defense may be
obligated to modify command and control relationships to give United
States Transportation Command operational and administrative control of
C-130 and KC-135 forces assigned to the Pacific and European Air Force
Commands.
(c) The command and control relationships in subsections (a) and
(b) which existed on March 13, 2011, shall remain in force unless
changes are specifically authorized in a subsequent Act.
(d) This subsection does not apply to administrative control of
Navy Air and Missile Defense Command.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $372,573,000 shall be
available until September 30, 2013, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy,
2007/2013'': LHA Replacement Program $156,685,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy,
2008/2013'': LPD-17 Amphibious Transport Dock Program
$80,888,000; and
(3) Under the heading ``Shipbuilding and Conversion, Navy,
2009/2013'': CVN Refueling Overhauls Program $135,000,000.
Sec. 8074. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2013 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2013.
Sec. 8075. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8076. The budget of the President for fiscal year 2014
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, and the Procurement accounts: Provided, That
these documents shall include a description of the funding requested
for each contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations account:
Provided further, That these documents shall include estimated costs
for each element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop strength for
each Active and Reserve component, and estimates of the major weapons
systems deployed in support of each contingency: Provided further, That
these documents shall include budget exhibits OP-5 and OP-32 (as
defined in the Department of Defense Financial Management Regulation)
for all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8077. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8078. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, he shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations and
$24,000,000 to the Red Cross.
Sec. 8079. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow the
53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8080. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8081. (a) At the time members of reserve components of the
Armed Forces are called or ordered to active duty under section
12302(a) of title 10, United States Code, each member shall be notified
in writing of the expected period during which the member will be
mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that it is
necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.
(including transfer of funds)
Sec. 8082. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided further, That
the transfer authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.
Sec. 8083. For purposes of section 7108 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8084. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8085. Up to $15,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide assistance to any
foreign country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8086. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2014.
Sec. 8087. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8088. The Director of National Intelligence shall include the
budget exhibits identified in paragraphs (1) and (2) as described in
the Department of Defense Financial Management Regulation with the
congressional budget justification books:
(1) For procurement programs requesting more than
$10,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning; P-
21, Production Schedule; and P-40, Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $5,000,000 in any fiscal year, the R-1,
Research, Development, Test and Evaluation Program; R-2,
Research, Development, Test and Evaluation Budget Item
Justification; R-3, Research, Development, Test and Evaluation
Project Cost Analysis; and R-4, Research, Development, Test and
Evaluation Program Schedule Profile.
Sec. 8089. (a) Not later than 60 days after the date of enactment
of this Act, the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2013: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
(including transfer of funds)
Sec. 8090. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $20,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That funds
transferred under this provision are to be merged with and available
for the same purposes and time period as the appropriation to which
transferred: Provided further, That the Office of Management and Budget
must approve any transfers made under this provision.
Sec. 8091. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 403-1(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 403-1(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
Sec. 8092. The Director of National Intelligence shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years.
Sec. 8093. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8094. The Department of Defense shall continue to report
incremental contingency operations costs for Operation New Dawn and
Operation Enduring Freedom, or any other named operations in the U.S.
Central Command area of operation on a monthly basis in the Cost of War
Execution Report as prescribed in the Department of Defense Financial
Management Regulation Department of Defense Instruction 7000.14, Volume
12, Chapter 23 ``Contingency Operations'', Annex 1, dated September
2005.
(including transfer of funds)
Sec. 8095. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8096. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances to
the Defense Acquisition Workforce Development Fund in accordance with
the requirements of section 1705 of title 10, United States Code.
Sec. 8097. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8098. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention;
or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
Sec. 8099. None of the funds made available under this Act may be
distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries.
(including transfer of funds)
Sec. 8100. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$139,204,000, shall be available for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8101. The Office of the Director of National Intelligence
shall not employ more Senior Executive employees than are specified in
the classified annex.
Sec. 8102. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay a retired
general or flag officer to serve as a senior mentor advising the
Department of Defense unless such retired officer files a Standard Form
278 (or successor form concerning public financial disclosure under
part 2634 of title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8103. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for
the physical security of personnel or for force protection purposes up
to a limit of $250,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
Sec. 8104. Of the amounts appropriated for ``Operation and
Maintenance, Defense-Wide'', the following amounts shall be available
to the Secretary of Defense, for the following authorized purposes,
notwithstanding any other provision of law, acting through the Office
of Economic Adjustment of the Department of Defense, to make grants,
conclude cooperative agreements, and supplement other Federal funds, to
remain available until expended, to assist the civilian population of
Guam in response to the military buildup of Guam: (1) $13,000,000 for
addressing the need for construction of a regional public health
laboratory; and (2) $106,400,000 for addressing the need for civilian
water and wastewater improvements: Provided, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating funds for
either of the foregoing purposes, notify the congressional defense
committees in writing of the details of any such obligation.
(including transfer of funds)
Sec. 8105. There is hereby established in the Treasury of the
United States the ``Ship Modernization, Operations and Sustainment
Fund''. There is appropriated $2,382,100,000, for the ``Ship
Modernization, Operations and Sustainment Fund'', to remain available
until September 30, 2014: Provided, That the Secretary of the Navy
shall transfer funds from the ``Ship Modernization, Operations and
Sustainment Fund'' to appropriations for military personnel; operation
and maintenance; research, development, test and evaluation; and
procurement, only for the purposes of manning, operating, sustaining,
equipping and modernizing the Ticonderoga-class guided missile cruisers
CG-63, CG-64, CG-65, CG-66, CG-68, CG-69, CG-73, and the Whidbey
Island-class dock landing ships LSD-41 and LSD-46: Provided further,
That funds transferred shall be merged with and be available for the
same purposes and for the same time period as the appropriation to
which they are transferred: Provided further, That the transfer
authority provided herein shall be in addition to any other transfer
authority available to the Department of Defense: Provided further,
That the Secretary of the Navy shall, not less than 30 days prior to
making any transfer from the ``Ship Modernization, Operations and
Sustainment Fund'', notify the congressional defense committees in
writing of the details of such transfer.
Sec. 8106. None of the funds made available by this Act may be
used by the Secretary of Defense to take beneficial occupancy of more
than 2,500 parking spaces (other than handicap-reserved spaces) to be
provided by the BRAC 133 project: Provided, That this limitation may be
waived in part if: (1) the Secretary of Defense certifies to Congress
that levels of service at existing intersections in the vicinity of the
project have not experienced failing levels of service as defined by
the Transportation Research Board Highway Capacity Manual over a
consecutive 90-day period; (2) the Department of Defense and the
Virginia Department of Transportation agree on the number of additional
parking spaces that may be made available to employees of the facility
subject to continued 90-day traffic monitoring; and (3) the Secretary
of Defense notifies the congressional defense committees in writing at
least 14 days prior to exercising this waiver of the number of
additional parking spaces to be made available.
Sec. 8107. Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall resume quarterly reporting
of the numbers of civilian personnel end strength by appropriation
account for each and every appropriation account used to finance
Federal civilian personnel salaries to the congressional defense
committees within 15 days after the end of each fiscal quarter.
Sec. 8108. None of the funds appropriated in this or any other Act
may be used to plan, prepare for, or otherwise take any action to
undertake or implement the separation of the National Intelligence
Program budget from the Department of Defense budget.
(including transfer of funds)
Sec. 8109. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $2,000,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2013.
(including transfer of funds)
Sec. 8110. In addition to amounts provided elsewhere in the Act,
there is appropriated $270,000,000 for an additional amount for
``Operation and Maintenance, Defense-Wide'', to be available until
expended: Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Economic Adjustment
of the Department of Defense, or for transfer to the Secretary of
Education, notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal funds to
construct, renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity or
facility condition deficiencies at such schools: Provided further, That
in making such funds available, the Office of Economic Adjustment or
the Secretary of Education shall give priority consideration to those
military installations with schools having the most serious capacity or
facility condition deficiencies as determined by the Secretary of
Defense: Provided further, That funds may not be made available for a
school unless its enrollment of Department of Defense-connected
children is greater than 50 percent.
Sec. 8111. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8112. (a)(1) Except as provided in paragraph (2) and
subsection (d), none of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer any
individual detained at Guantanamo to the custody or control of the
individual's country of origin, any other foreign country, or any other
foreign entity unless the Secretary of Defense submits to Congress the
certification described in subsection (b) not later than 30 days before
the transfer of the individual.
(2) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate--
(A) an order affecting the disposition of the individual
that is issued by a court or competent tribunal of the United
States having lawful jurisdiction (which the Secretary shall
notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.
(b) A certification described in this subsection is a written
certification made by the Secretary of Defense, with the concurrence of
the Secretary of State and in consultation with the Director of
National Intelligence, that--
(1) the government of the foreign country or the recognized
leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(A) is not a designated state sponsor of terrorism
or a designated foreign terrorist organization;
(B) maintains control over each detention facility
in which the individual is to be detained if the
individual is to be housed in a detention facility;
(C) is not, as of the date of the certification,
facing a threat that is likely to substantially affect
its ability to exercise control over the individual;
(D) has taken or agreed to take effective actions
to ensure that the individual cannot take action to
threaten the United States, its citizens, or its allies
in the future;
(E) has taken or agreed to take such actions as the
Secretary of Defense determines are necessary to ensure
that the individual cannot engage or re-engage in any
terrorist activity; and
(F) has agreed to share with the United States any
information that--
(i) is related to the individual or any
associates of the individual; and
(ii) could affect the security of the
United States, its citizens, or its allies; and
(2) includes an assessment, in classified or unclassified
form, of the capacity, willingness, and past practices (if
applicable) of the foreign country or entity in relation to the
Secretary's certifications.
(c)(1) Except as provided in paragraph (2) and subsection (d), none
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer any individual detained at Guantanamo
to the custody or control of the individual's country of origin, any
other foreign country, or any other foreign entity if there is a
confirmed case of any individual who was detained at United States
Naval Station, Guantanamo Bay, Cuba, at any time after September 11,
2001, who was transferred to such foreign country or entity and
subsequently engaged in any terrorist activity.
(2) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate--
(A) an order affecting the disposition of the individual
that is issued by a court or competent tribunal of the United
States having lawful jurisdiction (which the Secretary shall
notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.
(d)(1) The Secretary of Defense may waive the applicability to a
detainee transfer of a certification requirement specified in
subparagraph (D) or (E) of subsection (b)(1) or the prohibition in
subsection (c), if the Secretary certifies the rest of the criteria
required by subsection (b) for transfers prohibited by (c) and, with
the concurrence of the Secretary of State and in consultation with the
Director of National Intelligence, determines that--
(A) alternative actions will be taken to address the
underlying purpose of the requirement or requirements to be
waived;
(B) in the case of a waiver of subparagraph (D) or (E) of
subsection (b)(1), it is not possible to certify that the risks
addressed in the paragraph to be waived have been completely
eliminated, but the actions to be taken under subparagraph (A)
will substantially mitigate such risks with regard to the
individual to be transferred;
(C) in the case of a waiver of subsection (c), the
Secretary has considered any confirmed case in which an
individual who was transferred to the country subsequently
engaged in terrorist activity, and the actions to be taken
under subparagraph (A) will substantially mitigate the risk of
recidivism with regard to the individual to be transferred; and
(D) the transfer is in the national security interests of
the United States.
(2) Whenever the Secretary makes a determination under paragraph
(1), the Secretary shall submit to the appropriate committees of
Congress, not later than 30 days before the transfer of the individual
concerned, the following:
(A) A copy of the determination and the waiver concerned.
(B) A statement of the basis for the determination,
including--
(i) an explanation why the transfer is in the
national security interests of the United States; and
(ii) in the case of a waiver of subparagraph (D) or
(E) of subsection (b)(1), an explanation why it is not
possible to certify that the risks addressed in the
subparagraph to be waived have been completely
eliminated.
(C) A summary of the alternative actions to be taken to
address the underlying purpose of, and to mitigate the risks
addressed in, the subparagraph or subsection to be waived.
(D) The assessment required by subsection (b)(2).
(e) In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) The term ``individual detained at Guantanamo'' means
any individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of
the Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(3) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
Sec. 8113. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 8114. None of the funds made available by this Act may be
used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding agency
is aware of the unpaid tax liability, unless the agency has considered
suspension or debarment of the corporation and made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 8115. None of the funds made available by this Act may be
used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted of a felony criminal
violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless the agency has
considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 8116. None of the funds made available by this Act may be
used in contravention of section 1590 or 1591 of title 18, United
States Code, or in contravention of the requirements of section 106(g)
or (h) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7104(g) or (h)).
Sec. 8117. None of the funds made available by this Act for
International Military education and training, foreign military
financing, excess defense article, assistance under section 1206 of the
National Defense Authorization Act for Fiscal year 2006 (Public Law
109-163; 119 Stat. 3456) issuance for direct commercial sales of
military equipment, or peacekeeping operations for the countries of
Chad, Yemen, Somalia, Sudan, the Democratic Republic of the Congo, and
Burma may be used to support any military training or operation that
include child soldiers, as defined by the Child Soldiers Prevention Act
of 2008, and except if such assistance is otherwise permitted under
section 404 of the Child Soldiers Prevention Act of 2008 (Public Law
110-457; 22 U.S.C. 2370c-1).
Sec. 8118. None of the funds made available by this Act may be
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
Sec. 8119. None of the funds made available by this Act may be
used to retire, divest, realign, or transfer Air Force aircraft, to
disestablish or convert units associated with such aircraft, or to
disestablish or convert any other unit of the Air National Guard or Air
Force Reserve: Provided, That this section shall not apply to actions
affecting C-5, C-17, or E-8 aircraft, or the units associated with such
aircraft: Provided further, That this section shall continue in effect
through the date of enactment of an Act authorizing appropriations for
fiscal year 2013 for military activities of the Department of Defense.
Sec. 8120. The Secretary of the Air Force shall obligate and
expend funds previously appropriated for the procurement of RQ-4B
Global Hawk and C-27J Spartan aircraft for the purposes for which such
funds were originally appropriated.
Sec. 8121. It is the Sense of the Senate that the next available
capital warship of the U.S. Navy be named the USS Ted Stevens to
recognize the public service achievements, military service sacrifice,
and undaunted heroism and courage of the long-serving United States
Senator for Alaska.
Sec. 8122. None of the funds made available by this Act shall be
used to retire C-23 Sherpa aircraft.
Sec. 8123. The total amount available in the Act for pay for
civilian personnel of the Department of Defense for fiscal year 2013
shall be the amount otherwise appropriated or made available by this
Act for such pay reduced by $72,718,000.
Sec. 8124. None of the funds made available by this Act may be
used to enter into a contract for UH-60 Leak Proof Drip Pans using
procedures other than competitive procedures (as defined in section
2302(2) of title 10, United States Code).
Sec. 8125. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used by the Department of
Defense or a component thereof in contravention of section 1244 of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81; 125 Stat. 1646; 22 U.S.C. 5952 note) or any provision of an Act
authorizing appropriations for the Department of Defense for fiscal
year 2013 relating to sharing classified ballistic missile defense
information with Russia.
Sec. 8126. None of the Operation and Maintenance funds made
available in this Act may be used in contravention of section 41106 of
title 49, United States Code.
Sec. 8127. None of the funds made available by this Act may be
used by the Department of Defense or any other Federal agency to lease
or purchase new light duty vehicles, for any executive fleet, or for an
agency's fleet inventory, except in accordance with Presidential
Memorandum-Federal Fleet Performance, dated May 24, 2011.
Sec. 8128. None of the funds made available by this Act may be
used to enter into a contract with any person or other entity listed in
the Excluded Parties List System (EPLS)/System for Award Management
(SAM) as having been convicted of fraud against the Federal Government.
Sec. 8129. None of the funds made available by this Act for the
Department of Defense may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to Rosoboronexport: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8130. None of the funds made available by this Act may be
used by the Secretary of Defense to implement an enrollment fee for the
TRICARE for Life program under chapter 55 of title 10, United States
Code, that does not exist as of the date of the enactment of this Act.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$9,790,082,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$774,225,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$1,425,156,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,286,783,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$156,893,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$39,335,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$24,722,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$25,348,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$583,804,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $10,473,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$28,452,018,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$5,839,934,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $4,116,340,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $9,249,736,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,714,079,000: Provided, That of the funds provided under this
heading, not to exceed $1,650,000,000, to remain available until
September 30, 2014, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military operations in support of Operation
Enduring Freedom, and post-operation Iraq border security related to
the activities of the Office of Security Cooperation in Iraq,
notwithstanding any other provision of law: Provided further, That such
reimbursement payments may be made in such amounts as the Secretary of
Defense, with the concurrence of the Secretary of State, and in
consultation with the Director of the Office of Management and Budget,
may determine, in his discretion, based on documentation determined by
the Secretary of Defense to adequately account for the support
provided, and such determination is final and conclusive upon the
accounting officers of the United States, and 15 days following
notification to the appropriate congressional committees: Provided
further, That the requirement under this heading to provide
notification to the appropriate congressional committees shall not
apply with respect to a reimbursement for access based on an
international agreement: Provided further, That these funds may be used
for the purpose of providing specialized training and procuring
supplies and specialized equipment and providing such supplies and
loaning such equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Afghanistan, and 15
days following notification to the appropriate congressional
committees: Provided further, That the Secretary of Defense shall
provide quarterly reports to the congressional defense committees on
the use of funds provided in this paragraph: Provided further, That
such amount in this section is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $157,887,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $55,924,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $25,477,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $60,618,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $392,448,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $34,500,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
In addition to amounts provided elsewhere in this Act, there is
appropriated $582,884,000 for the ``Overseas Contingency Operations
Transfer Fund'' for expenses directly relating to overseas contingency
operations by United States military forces, to be available until
expended: Provided, That of the funds made available in this section,
the Secretary of Defense may transfer these funds only to military
personnel accounts, operation and maintenance accounts, procurement
accounts, and working capital fund accounts: Provided further, That the
funds made available in this paragraph may only be used for programs,
projects, or activities categorized as Overseas Contingency Operations
in the fiscal year 2013 budget request for the Department of Defense
and the justification material and other documentation supporting such
request: Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the same time
period, as the appropriation to which transferred: Provided further,
That the Secretary shall notify the congressional defense committees 15
days prior to such transfer: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation and shall be available for the same purposes and for the
same time period as originally appropriated: Provided further, That
such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Infrastructure Fund
(including transfer of funds)
For the ``Afghanistan Infrastructure Fund'', $325,000,000, to
remain available until September 30, 2014: Provided, That such funds
shall be available to the Secretary of Defense for infrastructure
projects in Afghanistan, notwithstanding any other provision of law,
which shall be undertaken by the Secretary of State, unless the
Secretary of State and the Secretary of Defense jointly decide that a
specific project will be undertaken by the Department of Defense:
Provided further, That the infrastructure referred to in the preceding
proviso is in support of the counterinsurgency strategy, which may
require funding for facility and infrastructure projects, including,
but not limited to, water, power, and transportation projects and
related maintenance and sustainment costs: Provided further, That the
authority to undertake such infrastructure projects is in addition to
any other authority to provide assistance to foreign nations: Provided
further, That any projects funded under this heading shall be jointly
formulated and concurred in by the Secretary of State and Secretary of
Defense: Provided further, That funds may be transferred to the
Department of State for purposes of undertaking projects, which funds
shall be considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act: Provided further,
That the transfer authority in the preceding proviso is in addition to
any other authority available to the Department of Defense to transfer
funds: Provided further, That any unexpended funds transferred to the
Secretary of State under this authority shall be returned to the
Afghanistan Infrastructure Fund if the Secretary of State, in
coordination with the Secretary of Defense, determines that the project
cannot be implemented for any reason, or that the project no longer
supports the counterinsurgency strategy in Afghanistan: Provided
further, That any funds returned to the Secretary of Defense under the
previous proviso shall be available for use under this appropriation
and shall be treated in the same manner as funds not transferred to the
Secretary of State: Provided further, That contributions of funds for
the purposes provided herein to the Secretary of State in accordance
with section 635(d) of the Foreign Assistance Act from any person,
foreign government, or international organization may be credited to
this Fund, to remain available until expended, and used for such
purposes: Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to making transfers to or from, or obligations
from the Fund, notify the appropriate committees of Congress in writing
of the details of any such transfer: Provided further, That the
``appropriate committees of Congress'' are the Committees on Armed
Services, Foreign Relations and Appropriations of the Senate and the
Committees on Armed Services, Foreign Affairs and Appropriations of the
House of Representatives: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $5,124,167,000, to
remain available until September 30, 2014: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided further,
That the Secretary of Defense shall notify the congressional defense
committees in writing upon the receipt and upon the obligation of any
contribution, delineating the sources and amounts of the funds received
and the specific use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to obligating
from this appropriation account, notify the congressional defense
committees in writing of the details of any such obligation: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees of any proposed new projects or transfer of funds
between budget sub-activity groups in excess of $20,000,000: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$550,700,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$67,951,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $15,422,000, to remain available until
September 30, 2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$338,493,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,740,157,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$215,698,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$22,500,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $283,059,000, to remain available until September 30,
2015: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$98,882,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$822,054,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$305,600,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$34,350,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $116,203,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,680,270,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$188,099,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons and other procurement for the reserve
components of the Armed Forces, $1,500,000,000, to remain available for
obligation until September 30, 2015: Provided, That the Chiefs of
National Guard and Reserve components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $29,660,000, to remain available until September
30, 2014: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $52,519,000, to remain available until September
30, 2014: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $53,150,000, to remain available until
September 30, 2014: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $112,387,000, to remain available until
September 30, 2014: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$243,600,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$993,898,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $469,025,000, to remain available until
September 30, 2014: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$1,622,614,000, to remain available until September 30, 2015: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,766,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2013.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $3,500,000,000 between the appropriations or funds made available to
the Department of Defense in this title: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in the Department of Defense
Appropriations Act, 2013.
Sec. 9003. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance, ``Afghanistan Infrastructure Fund'', or the
``Afghanistan Security Forces Fund'' provided in this Act and executed
in direct support of overseas contingency operations in Afghanistan,
may be obligated at the time a construction contract is awarded:
Provided, That for the purpose of this section, supervision and
administration costs include all in-house Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the U.S. Central Command area of
responsibility: (a) passenger motor vehicles up to a limit of $75,000
per vehicle; and (b) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$250,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $200,000,000 of the amount appropriated
in this title under the heading ``Operation and Maintenance, Army'' may
be used, notwithstanding any other provision of law, to fund the
Commander's Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent,
small-scale, humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project (including
any ancillary or related elements in connection with such project)
executed under this authority shall not exceed $20,000,000: Provided
further, That not later than 45 days after the end of each fiscal year
quarter, the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were made
available pursuant to the authority provided in this section or under
any other provision of law for the purposes described herein: Provided
further, That, not later than 30 days after the end of each month, the
Army shall submit to the congressional defense committees monthly
commitment, obligation, and expenditure data for the Commander's
Emergency Response Program in Afghanistan: Provided further, That not
less than 15 days before making funds available pursuant to the
authority provided in this section or under any other provision of law
for the purposes described herein for a project with a total
anticipated cost for completion of $5,000,000 or more, the Secretary
shall submit to the congressional defense committees a written notice
containing each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or
a third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to
coalition forces supporting military and stability operations in
Afghanistan: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees regarding
support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title 22,
Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
Law 109-148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-standard
equipment requirements in excess of $100,000,000 using ASFF: Provided
further, That the AROC must approve all projects and the execution plan
under the ``Afghanistan Infrastructure Fund'' (AIF) and any project in
excess of $5,000,000 from the Commanders Emergency Response Program
(CERP): Provided further, That the Department of Defense must certify
to the congressional defense committees that the AROC has convened and
approved a process for ensuring compliance with the requirements in the
preceding provisos and accompanying report language for the ASFF, AIF,
and CERP.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action
is necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item unit cost
of not more than $500,000.
Sec. 9011. Notwithstanding any other provision of law, up to
$93,000,000 of funds made available in this title under the heading
``Operation and Maintenance, Army'' may be obligated and expended for
purposes of the Task Force for Business and Stability Operations,
subject to the direction and control of the Secretary of Defense, with
concurrence of the Secretary of State, to carry out strategic business
and economic assistance activities in Afghanistan in support of
Operation Enduring Freedom: Provided, That not less than 15 days before
making funds available pursuant to the authority provided in this
section for any project with a total anticipated cost of $5,000,000 or
more, the Secretary shall submit to the congressional defense
committees a written notice containing a detailed justification and
timeline for each proposed project.
Sec. 9012. From funds made available to the Department of Defense
in this title under the heading ``Operation and Maintenance, Air
Force'' up to $508,000,000 may be used by the Secretary of Defense,
notwithstanding any other provision of law, to support United States
Government transition activities in Iraq by funding the operations and
activities of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and personal
security, and facilities renovation and construction: Provided, That to
the extent authorized under the National Defense Authorization Act for
Fiscal Year 2013, the operations and activities that may be carried out
by the Office of Security Cooperation in Iraq may, with the concurrence
of the Secretary of State, include non-operational training activities
in support of Iraqi Ministry of Defense and Counter Terrorism Service
personnel in an institutional environment to address capability gaps,
integrate processes relating to intelligence, air sovereignty, combined
arms, logistics and maintenance, and to manage and integrate defense-
related institutions: Provided further, That not later than 30 days
following the enactment of this Act, the Secretary of Defense and the
Secretary of State shall submit to the congressional defense committees
a plan for transitioning any such training activities that they
determine are needed after the end of fiscal year 2013, to existing or
new contracts for the sale of defense articles or defense services
consistent with the provisions of the Arms Export Control Act (22
U.S.C. 2751 et seq.): Provided further, That not less than 15 days
before making funds available pursuant to the authority provided in
this section, the Secretary of Defense shall submit to the
congressional defense committees a written notification containing a
detailed justification and timeline for the operations and activities
of the Office of Security Cooperation in Iraq at each site where such
operations and activities will be conducted during fiscal year 2013.
(rescissions)
Sec. 9013. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985:
``Retroactive Stop Loss Special Pay Program, 2009/XXXX'',
$127,200,000;
``Afghanistan Security Forces Fund, 2012/2013'',
$1,000,000,000;
``Other Procurement, Army, 2012/2014'', $207,600,000;
``Procurement of Ammunition, Navy and Marine Corps, 2012/
2014'', $32,176,000;
``Procurement, Marine Corps, 2012/2014'', $2,776,000;
``Mine Resistant Ambush Protected Vehicle Fund, 2012/
2013'', $400,000,000;
``Research, Development, Test and Evaluation, Air Force,
2012/2013'', $50,000,000;
``Joint Improvised Explosive Device Defeat Fund, 2012/
2014'', $40,300,000.
Sec. 9014. (a) None of the funds appropriated or otherwise made
available by this Act under the heading ``Operation and Maintenance,
Defense-Wide'' for payments under section 1233 of Public Law 110-181
for reimbursement to the Government of Pakistan may be made available
unless the Secretary of Defense, in coordination with the Secretary of
State, certifies to the Committees on Appropriations that the
Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other
domestic and foreign terrorist organizations, including taking
steps to end support for such groups and prevent them from
basing and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture of
IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(6) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the Secretary of
State, may waive the restriction in paragraph (a) on a case-by-case
basis by certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that it is in the national
security interest to do so: Provided, That if the Secretary of Defense,
in coordination with the Secretary of State, exercises the authority of
the previous proviso, the Secretaries shall report to the Committees on
Appropriations on both the justification for the waiver and on the
requirements of this section that the Government of Pakistan was not
able to meet: Provided further, That such report may be submitted in
classified form if necessary.
This division may be cited as the ``Department of Defense
Appropriations Act, 2013''.
DIVISION B--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2013, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,684,323,000, to remain
available until September 30, 2017: Provided, That of this amount, not
to exceed $80,173,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of Army determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,549,164,000, to remain available until September 30,
2017: Provided, That of this amount, not to exceed $102,619,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Navy determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $322,543,000, to remain available until September 30, 2017:
Provided, That of this amount, not to exceed $18,635,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Air Force
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$3,582,423,000, to remain available until September 30, 2017: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided further, That of
the amount appropriated, not to exceed $315,562,000 shall be available
for study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount appropriated, notwithstanding any other provision of law,
$26,969,000 shall be available for payments to the North Atlantic
Treaty Organization for the planning, design, and construction of a new
North Atlantic Treaty Organization headquarters.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $613,799,000, to remain available until September
30, 2017: Provided, That of the amount appropriated, not to exceed
$26,622,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $42,386,000, to remain available until September
30, 2017: Provided, That of the amount appropriated, not to exceed
$4,000,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $305,846,000, to
remain available until September 30, 2017: Provided, That of the amount
appropriated, not to exceed $15,951,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Army Reserve determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $49,532,000, to remain available until September
30, 2017: Provided, That of the amount appropriated, not to exceed
$2,118,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $10,979,000, to
remain available until September 30, 2017: Provided, That of the amount
appropriated, not to exceed $2,879,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Air Force Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $254,163,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $4,641,000, to remain available until
September 30, 2017.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $530,051,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $102,182,000, to
remain available until September 30, 2017.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $378,230,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $83,824,000, to remain available
until September 30, 2017.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $497,829,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $52,238,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$1,786,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, as currently authorized by law,
$151,000,000, to remain available until September 30, 2017, which shall
be only for the Assembled Chemical Weapons Alternatives program.
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure Account
1990, established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $409,396,000, to remain
available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account
2005, established by section 2906A(a)(1) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note), $126,697,000, to
remain available until expended: Provided, That the Department of
Defense shall notify the Committees on Appropriations of both Houses of
Congress 14 days prior to obligating an amount for a construction
project that exceeds or reduces the amount identified for that project
in the most recently submitted budget request for this account by 20
percent or $2,000,000, whichever is less: Provided further, That the
previous proviso shall not apply to projects costing less than
$5,000,000, except for those projects not previously identified in any
budget submission for this account and exceeding the minor construction
threshold under section 2805 of title 10, United States Code.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Sea, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Sea, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided, That
this section shall not be applicable to contract awards for which the
lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. Not more than 20 percent of the funds made available in
this title which are limited for obligation during the current fiscal
year shall be obligated during the last 2 months of the fiscal year.
Sec. 116. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
to be merged with, and to be available for the same purposes and the
same time period as that account.
(including transfer of funds)
Sec. 119. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 120. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the accounts
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged
with and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 121. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 122. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
Sec. 123. None of the funds made available in this title, or in
any Act making appropriations for military construction which remain
available for obligation, may be obligated or expended to carry out a
military construction, land acquisition, or family housing project at
or for a military installation approved for closure, or at a military
installation for the purposes of supporting a function that has been
approved for realignment to another installation, in 2005 under the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a
military installation approved for realignment will support a
continuing mission or function at that installation or a new mission or
function that is planned for that installation, or unless the Secretary
of Defense certifies that the cost to the United States of carrying out
such project would be less than the cost to the United States of
cancelling such project, or if the project is at an active component
base that shall be established as an enclave or in the case of projects
having multi-agency use, that another Government agency has indicated
it will assume ownership of the completed project. The Secretary of
Defense may not transfer funds made available as a result of this
limitation from any military construction project, land acquisition, or
family housing project to another account or use such funds for another
purpose or project without the prior approval of the Committees on
Appropriations of both Houses of Congress. This section shall not apply
to military construction projects, land acquisition, or family housing
projects for which the project is vital to the national security or the
protection of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional defense
committees within seven days of a decision to carry out such a military
construction project.
(including transfer of funds)
Sec. 124. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
Sec. 125. None of the funds made available by this Act may be used
by the Secretary of Defense to take beneficial occupancy of more than
2,500 parking spaces (other than handicap-reserved spaces) to be
provided by the BRAC 133 project: Provided, That this limitation may be
waived in part if: (1) the Secretary of Defense certifies to Congress
that levels of service at existing intersections in the vicinity of the
project have not experienced failing levels of service as defined by
the Transportation Research Board Highway Capacity Manual over a
consecutive 90-day period; (2) the Department of Defense and the
Virginia Department of Transportation agree on the number of additional
parking spaces that may be made available to employees of the facility
subject to continued 90-day traffic monitoring; and (3) the Secretary
of Defense notifies the congressional defense committees in writing at
least 14 days prior to exercising this waiver of the number of
additional parking spaces to be made available.
Sec. 126. None of the funds made available by this Act may be used
for any action that relates to or promotes the expansion of the
boundaries or size of the Pinon Canyon Maneuver Site, Colorado.
Sec. 127. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 128. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used by the Secretary of the
Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10 percent
of the total number of members of the regular and reserve
components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the Secretary of
the Army certifies to the congressional defense committees that in
proposing the relocation of the unit of the Army, the Secretary
complied with Army Regulation 5-10 relating to the policy, procedures,
and responsibilities for Army stationing actions.
Sec. 129. Notwithstanding any other provision of law, none of the
funds made available to the Department of Defense for military
construction in this or any other Act, may be obligated or expended for
planning and design and construction of projects at Arlington National
Cemetery.
(including rescission of funds)
Sec. 130. Of the unobligated balances available for ``Military
Construction, Defense-Wide'', from prior appropriations Acts,
$20,000,000 are hereby cancelled: Provided, That no amounts may be
cancelled from amounts that were designated by Congress as an emergency
requirement or for Overseas Contingency Operations/Global War on
Terrorism pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
(including rescission of funds)
Sec. 131. Of the unobligated balances available for ``Department
of Defense Base Closure Account 2005'', from prior appropriations Acts,
$132,513,000 are hereby cancelled: Provided, That no amounts may be
cancelled from amounts that were designated by Congress as an emergency
requirement or for Overseas Contingency Operations/Global War on
Terrorism pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
(including transfer of funds)
Sec. 132. Of the proceeds credited to the Department of Defense
Family Housing Improvement Fund pursuant to subsection (c)(1)(C) of
section 2883 of title 10, United States Code, from a Department of Navy
land conveyance, the Secretary of Defense shall transfer $10,500,000 to
the Secretary of the Navy under paragraph (3) of subsection (d) of such
section for use by the Secretary of the Navy as provided in paragraph
(1) of such subsection until expended.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$60,599,855,000, to remain available until expended: Provided, That not
to exceed $9,204,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses, Veterans Benefits
Administration'', ``Medical support and compliance'', and ``Information
technology systems'' for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United States Code,
the funding source for which is specifically provided as the
``Compensation and pensions'' appropriation: Provided further, That
such sums as may be earned on an actual qualifying patient basis, shall
be reimbursed to ``Medical care collections fund'' to augment the
funding of individual medical facilities for nursing home care provided
to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, and for
the payment of benefits under the Veterans Retraining Assistance
Program, $12,023,458,000, to remain available until expended: Provided,
That expenses for rehabilitation program services and assistance which
the Secretary is authorized to provide under subsection (a) of section
3104 of title 38, United States Code, other than under paragraphs (1),
(2), (5), and (11) of that subsection, shall be charged to this
account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $104,600,000, to remain available until
expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That during fiscal year 2013, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $157,814,000.
vocational rehabilitation loans program account
For the cost of direct loans, $19,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,729,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $346,000, which may be paid to the appropriation
for ``General operating expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,089,000.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, aid to State homes as authorized by
section 1741 of title 38, United States Code, assistance and support
services for caregivers as authorized by section 1720G of title 38,
United States Code, loan repayments authorized by section 604 of the
Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital care and
medical services authorized by section 1787 of title 38, United States
Code; $155,000,000, which shall be in addition to funds previously
appropriated under this heading that become available on October 1,
2012; and in addition, $43,557,000,000, plus reimbursements, shall
become available on October 1, 2013, and shall remain available until
September 30, 2014: Provided, That notwithstanding any other provision
of law, the Secretary of Veterans Affairs shall establish a priority
for the provision of medical treatment for veterans who have service-
connected disabilities, lower income, or have special needs: Provided
further, That notwithstanding any other provision of law, the Secretary
of Veterans Affairs shall give priority funding for the provision of
basic medical benefits to veterans in enrollment priority groups 1
through 6: Provided further, That notwithstanding any other provision
of law, the Secretary of Veterans Affairs may authorize the dispensing
of prescription drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based on
requirements established by the Secretary: Provided further, That the
implementation of the program described in the previous proviso shall
incur no additional cost to the Department of Veterans Affairs.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
$6,033,000,000, plus reimbursements, shall become available on October
1, 2013, and shall remain available until September 30, 2014.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services, $4,872,000,000, plus
reimbursements, shall become available on October 1, 2013, and shall
remain available until September 30, 2014.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $582,674,000, plus reimbursements, shall
remain available until September 30, 2014.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $258,284,000, of which not to exceed
$25,828,000 shall remain available until September 30, 2014: Provided,
That none of the funds under this heading may be used to expand the
Urban Initiative project beyond those sites outlined in the fiscal year
2012 or previous budget submissions or any other rural strategy, other
than the Rural Initiative included in the fiscal year 2013 budget
submission, until the Secretary of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a strategy to
serve the burial needs of veterans residing in rural and highly rural
areas and that strategy has been approved by the Committees: Provided
further, That the strategy shall include: (1) A review of previous
policies of the National Cemetery Administration regarding
establishment of new national cemeteries, including whether the
guidelines of the Administration for establishing national cemetery
annexes remain valid; (2) Data identifying the number of and geographic
areas where rural veterans are not currently served by national or
existing State cemeteries and identification of areas with the largest
unserved populations, broken down by veterans residing in urban versus
rural and highly rural; (3) Identification of the number of veterans
who reside within the 75-mile radius of a cemetery that is limited to
cremations or of a State cemetery which has residency restrictions, as
well as an examination of how many communities that fall under a 75-
mile radius have an actual driving distance greater than 75 miles; (4)
Reassessment of the gaps in service, factoring in the above conditions
that limit rural and highly rural veteran burial options; (5) An
assessment of the adequacy of the policy of the Administration on
establishing new cemeteries proposed in the fiscal year 2013 budget
request; (6) Recommendations for an appropriate policy on new national
cemeteries to serve rural or highly rural areas; (7) Development of a
national map showing the locations and number of all unserved veterans;
and (8) A time line for the implementation of such strategy and cost
estimates for using the strategy to establish new burial sites in at
least five rural or highly rural locations: Provided further, That the
Comptroller General of the United States shall review the strategy to
ensure that it includes the elements listed above: Provided further,
That this strategy shall be submitted no later than 180 days after the
date of enactment of this Act: Provided further, That the Secretary of
Veterans Affairs shall issue guidelines on committal services held at
cemeteries under the jurisdiction of the National Cemetery
Administration to ensure that: (1) veterans' families may arrange to
hold committal services with any religious or secular content they
desire; (2) the choice by a family of an honor guard and the content
and presentation of military honors may not be interfered with; and (3)
attendance at committal services by outside organizations dedicated to
the support of veterans will not be constrained except at the request
of family members: Provided further, That the Department shall not
edit, control, or exercise prior restraints on the content of religious
speech and expression by speakers at events at veterans national
cemeteries except as provided in section 2413 of title 38, United
States Code: Provided further, That actions permitted by the foregoing
provisos shall be subject to compliance with Department security,
safety, and law enforcement regulations.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-Wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $424,737,000, of which not to exceed
$20,837,000 shall remain available until September 30, 2014: Provided,
That the Board of Veterans Appeals shall be funded at not less than
$86,006,000: Provided further, That of the funds made available under
this heading, such sums as may be necessary shall be available to the
Secretary of Veterans Affairs to comply with the Department's energy
management requirements under section 543(f)(7) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(f)(7)): Provided further, That
funds provided under this heading may be transferred to ``General
operating expenses, Veterans Benefits Administration''.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $2,164,074,000:
Provided, That expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That of the funds
made available under this heading, not to exceed $113,000,000 shall
remain available until September 30, 2014.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$3,327,444,000, plus reimbursements: Provided, That $1,021,000,000
shall be for pay and associated costs, of which not to exceed
$30,630,000 shall remain available until September 30, 2014: Provided
further, That $1,812,045,000 shall be for operations and maintenance,
of which not to exceed $126,000,000 shall remain available until
September 30, 2014: Provided further, That $494,399,000 shall be for
information technology systems development, modernization, and
enhancement, and shall remain available until September 30, 2014:
Provided further, That amounts made available for information
technology systems development, modernization, and enhancement may not
be obligated or expended until the Secretary of Veterans Affairs or the
Chief Information Officer of the Department of Veterans Affairs submits
to the Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be obligated and
expended for each development project: Provided further, That amounts
made available for salaries and expenses, operations and maintenance,
and information technology systems development, modernization, and
enhancement may be transferred among the three sub-accounts after the
Secretary of Veterans Affairs requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That amounts made
available for the ``Information technology systems'' account for
development, modernization, and enhancement may be transferred between
projects or to newly defined projects: Provided further, That no
project may be increased or decreased by more than $1,000,000 of cost
prior to submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval is issued,
or absent a response, a period of 30 days has elapsed: Provided
further, That of the funds provided for information technology systems
development, modernization, and enhancement for the development of a
joint Department of Defense--Department of Veterans Affairs (DOD-VA)
integrated electronic health record (iEHR), not more than 25 percent
may be obligated until the DOD-VA Interagency Program Office submits to
the Committees on Appropriations of both Houses of Congress, and such
Committees approve, a plan for expenditure that: (1) defines the budget
and cost baseline for development of the integrated Electronic Health
Record; (2) identifies the deployment timeline for the system for both
Agencies; (3) breaks out annual and total spending for each Department;
(4) relays detailed cost-sharing business rules; (5) establishes data
standardization schedules between the Departments; (6) has been
submitted to the Government Accountability Office for review; and (7)
complies with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal Government:
Provided further, That the funds made available under this heading for
information technology systems development, modernization, and
enhancement, shall be for the projects, and in the amounts, specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $115,000,000, of which
$6,000,000 shall remain available until September 30, 2014.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $532,470,000, of which
$502,470,000 shall remain available until September 30, 2017, and of
which $30,000,000 shall remain available until expended: Provided, That
$5,000,000 shall be to make reimbursements as provided in section 7108
of title 41, United States Code, for claims paid for contract disputes:
Provided further, That except for advance planning activities,
including needs assessments which may or may not lead to capital
investments, and other capital asset management related activities,
including portfolio development and management activities, and
investment strategy studies funded through the advance planning fund
and the planning and design activities funded through the design fund,
including needs assessments which may or may not lead to capital
investments, and salaries and associated costs of the resident
engineers who oversee those capital investments funded through this
account, and funds provided for the purchase of land for the National
Cemetery Administration through the land acquisition line item, none of
the funds made available under this heading shall be used for any
project which has not been approved by the Congress in the budgetary
process: Provided further, That funds made available under this heading
for fiscal year 2013, for each approved project shall be obligated: (1)
by the awarding of a construction documents contract by September 30,
2013; and (2) by the awarding of a construction contract by September
30, 2014: Provided further, That the Secretary of Veterans Affairs
shall promptly submit to the Committees on Appropriations of both
Houses of Congress a written report on any approved major construction
project for which obligations are not incurred within the time
limitations established above.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406, and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$607,530,000, to remain available until September 30, 2017, along with
unobligated balances of previous ``Construction, minor projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in
such section: Provided, That funds made available under this heading
shall be for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $85,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal governments in establishing,
expanding, or improving veterans cemeteries as authorized by section
2408 of title 38, United States Code, $46,000,000, to remain available
until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2013 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2013, in this Act or any other Act, under the
``Medical services'', ``Medical support and compliance'', and ``Medical
facilities'' accounts may be transferred among the accounts: Provided,
That any transfers between the ``Medical services'' and ``Medical
support and compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress of the
amount and purpose of the transfer: Provided further, That any
transfers between the ``Medical services'' and ``Medical support and
compliance'' accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued: Provided further, That any transfers to or from the ``Medical
facilities'' account may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2012.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2013, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General operating expenses, Veterans
Benefits Administration'' and ``Information technology systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2013 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2013 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication
under section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not to exceed
$42,904,000 for the Office of Resolution Management and $3,360,000 for
the Office of Employment and Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That amounts
received shall be credited to the ``General administration'' and
``Information technology systems'' accounts for use by the office that
provided the service.
Sec. 211. No appropriations in this title shall be available to
enter into any new lease of real property if the estimated annual
rental cost is more than $1,000,000, unless the Secretary submits a
report which the Committees on Appropriations of both Houses of
Congress approve within 30 days following the date on which the report
is received.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided further,
That any amounts so recovered for care or services provided in a prior
fiscal year may be obligated by the Secretary during the fiscal year in
which amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, major projects''
and ``Construction, minor projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, major
projects'' and ``Construction, minor projects''.
Sec. 214. Amounts made available under ``Medical services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical services'', to remain available
until expended for the purposes of that account.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which are party
to the Alaska Native Health Compact with the Indian Health Service, and
Indian tribes and tribal organizations serving rural Alaska which have
entered into contracts with the Indian Health Service under the Indian
Self Determination and Educational Assistance Act, to provide
healthcare, including behavioral health and dental care. The Secretary
shall require participating veterans and facilities to comply with all
appropriate rules and regulations, as established by the Secretary. The
term ``rural Alaska'' shall mean those lands sited within the external
boundaries of the Alaska Native regions specified in sections 7(a)(1)-
(4) and (7)-(12) of the Alaska Native Claims Settlement Act, as amended
(43 U.S.C. 1606), and those lands within the Alaska Native regions
specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1606), which are not within the
boundaries of the municipality of Anchorage, the Fairbanks North Star
Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, major
projects'' and ``Construction, minor projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. None of the funds made available in this title may be
used to implement any policy prohibiting the Directors of the Veterans
Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 219. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the financial status of the Veterans Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical services'',
``Medical support and compliance'', ``Medical facilities'', ``General
operating expenses, Veterans Benefits Administration'', ``General
administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2013, may be transferred to or from the ``Information
technology systems'' account: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and an approval is issued.
Sec. 221. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 222. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2013, in this Act or any other Act,
under the ``Medical facilities'' account for nonrecurring maintenance,
not more than 20 percent of the funds made available shall be obligated
during the last 2 months of that fiscal year: Provided, That the
Secretary may waive this requirement after providing written notice to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 223. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2013 for ``Medical services'',
``Medical support and compliance'', ``Medical facilities'',
``Construction, minor projects'', and ``Information technology
systems'', up to $247,356,000, plus reimbursements, may be transferred
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571) and may be used for operation of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated in this
section to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 224. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 225. Of the amounts available in this title for ``Medical
services'', ``Medical support and compliance'', and ``Medical
facilities'', a minimum of $15,000,000, shall be transferred to the
DOD-VA Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available until
expended, for any purpose authorized by section 8111 of title 38,
United States Code.
(including rescissions of funds)
Sec. 226. (a) Of the funds appropriated in title II of division H
of Public Law 112-74, the following amounts which became available on
October 1, 2012, are hereby rescinded from the following accounts in
the amounts specified:
(1) ``Department of Veterans Affairs, Medical services'',
$1,500,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $200,000,000.
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act, an
additional amount is appropriated to the following accounts in the
amounts specified to remain available until September 30, 2014:
(1) ``Department of Veterans Affairs, Medical services'',
$1,500,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $200,000,000.
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
Sec. 227. The Secretary of the Department of Veterans Affairs
shall notify the Committees on Appropriations of both Houses of
Congress of all bid savings in major construction projects that total
at least $5,000,000, or 5 percent of the programmed amount of the
project, whichever is less: Provided, That such notification shall
occur within 14 days of a contract identifying the programmed amount:
Provided further, That the Secretary shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to the
obligation of such bid savings and shall describe the anticipated use
of such savings.
Sec. 228. The scope of work for a project included in
``Construction, major projects'' may not be increased above the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations.
Sec. 229. The Secretary of the Department of Veterans Affairs
shall provide on a quarterly basis to the Committees on Appropriations
of both Houses of Congress notification of any single national outreach
and awareness marketing campaign in which obligations exceed
$2,000,000.
Sec. 230. The Secretary shall submit to the Committees on
Appropriations of both Houses of Congress a reprogramming request if at
any point during fiscal year 2013, the funding allocated for a medical
care initiative identified in the fiscal year 2013 expenditure plan is
adjusted by more than $25,000,000 from the allocation shown in the
corresponding congressional budget justification. Such a reprogramming
request may go forward only if the Committees on Appropriations of both
Houses of Congress approve the request or if a period of 14 days has
elapsed.
Sec. 231. None of the funds made available in this Act may be used
to enter into a contract using procedures that do not give to small
business concerns owned and controlled by veterans (as that term is
defined in section 3(q)(3) of the Small Business Act (15 U.S.C.
632(q)(3)) that are included in the database under section 8127(f) of
title 38, United States Code, any preference available with respect to
such contract, except for a preference given to small business concerns
owned and controlled by service-disabled veterans (as defined in
section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).
Sec. 232. Funds made available under the heading ``Medical
services'' in title II of division H of Public Law 112-74 may be used
to carry out section 1787 of title 38, United States Code.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $62,929,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $32,481,000: Provided, That
$2,726,000 shall be available for the purpose of providing financial
assistance as described, and in accordance with the process and
reporting procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $1,000
for official reception and representation expenses, $65,800,000, of
which not to exceed $27,000,000 shall remain available until September
30, 2015. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and construction at
Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, $103,000,000, to remain available until September 30, 2017,
of which, $84,000,000 shall be for planning and design and construction
associated with the Millennium Project at Arlington National Cemetery;
and $19,000,000 shall be for study, planning, design, and architect and
engineer services for future expansion of burial space at Arlington
National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $67,590,000, of which $2,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi.
Administrative Provision
Sec. 301. Funds appropriated in this Act under the heading,
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be
provided to Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery, making
additional land available for ground burials.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
Department of Defense
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $150,768,000, to remain available until September 30,
2013: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Administrative Provision
(including rescission of funds)
Sec. 401. Of the unobligated balances in section 2005 in title X,
of Public Law 112-10 and division H in title IV of Public Law 112-74,
$150,768,000 are hereby rescinded: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution, or use of
any kit, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 504. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 505. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 506. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 507. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 508. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 509. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 510. None of the funds made available in this Act may be
distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries or successors.
Sec. 511. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 512. None of the funds appropriated or otherwise made
available in this Act may be used by an agency of the executive branch
to pay for first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 513. None of the funds provided in this Act may be used to
execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 514. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that was convicted of a felony criminal violation
under any Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency has
considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 515. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that has any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the
unpaid tax liability, unless the agency has considered suspension or
debarment of the corporation and made a determination that this further
action is not necessary to protect the interests of the Government.
Sec. 516. Such sums as may be necessary for fiscal year 2013 for
pay raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 517. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency that are stationed within the
United States at any single conference occurring outside a state of the
United States, except for employees of the Department of Veterans
Affairs stationed in the Philippines, unless the relevant Secretary
reports to the Committees on Appropriations of both Houses of Congress
at least 5 days in advance that such attendance is important to the
national interest.
This division may be cited as the ``Military Construction and
Veterans Affairs, and Related Agencies Appropriations Act, 2013''.
DIVISION C--FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the several
departments, agencies, corporations, and other organizational units of
Government for fiscal year 2013, and for other purposes, namely:
TITLE I--GENERAL PROVISIONS
Sec. 1101. (a) Such amounts as may be necessary, at the level
specified in subsection (c) and under the authority and conditions
provided in applicable appropriations Acts for fiscal year 2012, for
projects or activities (including the costs of direct loans and loan
guarantees) that are not otherwise specifically provided for, and for
which appropriations, funds, or other authority were made available in
the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2012
(division A of Public Law 112-55), except for the
appropriations designated by the Congress as being for disaster
relief in section 735 of such Act.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (division B of Public Law 112-55),
except for the appropriation designated by the Congress as
being for disaster relief in the second paragraph under the
heading ``Department of Commerce, Economic Development
Administration, Economic Development Assistance Programs'' in
such Act.
(3) The Energy and Water Development and Related Agencies
Appropriations Act, 2012 (division B of Public Law 112-74).
(4) The Financial Services and General Government
Appropriations Act, 2012 (division C of Public Law 112-74).
(5) The Department of Homeland Security Appropriations Act,
2012 (division D of Public Law 112-74).
(6) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2012 (division E of Public
Law 112-74).
(7) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2012
(division F of Public Law 112-74).
(8) The Legislative Branch Appropriations Act, 2012
(division G of Public Law 112-74).
(9) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2012 (division I of Public
Law 112-74).
(10) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2012 (division C of Public
Law 112-55), except for the appropriations designated by the
Congress as being for disaster relief under the heading
``Department of Transportation, Federal Highway Administration,
Emergency Relief'' and in the last proviso of section 239 of
such Act.
(11) The Disaster Relief Appropriations Act, 2012 (Public
Law 112-77), except for appropriations under the heading
``Corps of Engineers--Civil''.
(b) For purposes of this division, the term ``level'' means an
amount.
(c) The level referred to in subsection (a) shall be the amounts
appropriated in the appropriations Acts referred to in such subsection,
including transfers and obligation limitations, except that such level
shall be calculated without regard to any rescission or cancellation of
funds or contract authority, other than--
(1) the 0.16 percent across-the-board rescission in section
436 of division E of Public Law 112-74 (relating to the
Department of the Interior, Environment, and Related Agencies);
and
(2) the 0.189 percent across-the-board rescission in
section 527 of division F of Public Law 112-74, (relating to
the Departments of Labor, Health and Human Services, and
Education, and Related Agencies).
Sec. 1102. Appropriations made by section 1101 shall be available
to the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 1103. Appropriations provided by this division that, in the
applicable appropriations Act for fiscal year 2012, carried a multiple-
year or no-year period of availability shall retain a comparable period
of availability.
Sec. 1104. No appropriation or funds made available or authority
granted pursuant to section 1101 shall be used to initiate or resume
any project or activity for which appropriations, funds, or other
authority were not available during fiscal year 2012.
Sec. 1105. Except as otherwise expressly provided in this
division, the requirements, authorities, conditions, limitations, and
other provisions of the appropriations Acts referred to in section 1101
shall continue in effect through the date specified in section 1106.
Sec. 1106. Unless otherwise provided for in this division or in
the applicable appropriations Act, appropriations and funds made
available and authority granted pursuant to this division shall be
available through September 30, 2013.
Sec. 1107. Expenditures made pursuant to the Continuing
Appropriations Resolution, 2013 (Public Law 112-175) shall be charged
to the applicable appropriation, fund, or authorization provided by
this division.
Sec. 1108. Funds appropriated by this division may be obligated
and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), and section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212).
Sec. 1109. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2012, and for activities under the Food and Nutrition Act of 2008, the
levels established by section 1101 shall be the amounts necessary to
maintain program levels under current law and under the authority and
conditions provided in the applicable appropriations Acts for fiscal
year 2012.
(b) In addition to the amounts otherwise provided by section 1101,
the following amounts shall be available for the following accounts for
advance payments for the first quarter of fiscal year 2014:
(1) ``Department of Labor, Office of Workers' Compensation
Programs, Special Benefits for Disabled Coal Miners'', for
benefit payments under title IV of the Federal Mine Safety and
Health Act of 1977, $40,000,000, to remain available until
expended.
(2) ``Department of Health and Human Services, Centers for
Medicare and Medicaid Services, Grants to States for
Medicaid'', for payments to States or in the case of section
1928 on behalf of States under title XIX of the Social Security
Act, $106,335,631,000, to remain available until expended.
(3) ``Department of Health and Human Services,
Administration for Children and Families, Payments to States
for Child Support Enforcement and Family Support Programs'',
for payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act
and the Act of July 5, 1960 (24 U.S.C. ch. 9), $1,100,000,000,
to remain available until expended.
(4) ``Department of Health and Human Services,
Administration for Children and Families, Payments for Foster
Care and Permanency'', for payments to States or other non-
Federal entities under title IV-E of the Social Security Act,
$2,200,000,000.
(5) ``Social Security Administration, Supplemental Security
Income Program'', for benefit payments under title XVI of the
Social Security Act, $19,300,000,000, to remain available until
expended.
Sec. 1110. (a) Each amount made available in this division by
reference to an appropriation that was previously designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 or as being for disaster relief pursuant to
section 251(b)(2)(D) of such Act is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of such Act or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act, respectively.
(b) Of the amount made available by section 1101 for ``Social
Security Administration, Limitation on Administrative Expenses'',
$483,484,000 is additional new budget authority specified for purposes
of subsection 251(b)(2)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 1111. With respect to any discretionary account for which
advance appropriations were provided for fiscal year 2013 or 2014 in an
appropriations Act for fiscal year 2012, in addition to amounts
otherwise made available by this division, advance appropriations are
provided in the same amount for fiscal year 2014 or 2015, respectively,
with a comparable period of availability.
Sec. 1112. (a) Section 147 of the Continuing Appropriations Act,
2011 (Public Law 111-242), as added by section 1(a)(2) of the
Continuing Appropriations and Surface Transportation Extensions Act,
2011 (Public Law 111-322; 5 U.S.C. 5303 note), is amended--
(1) in subsection (b)(1), by striking the matter after
``ending on'' and before ``shall be made'' and inserting
``December 31, 2013,''; and
(2) in subsection (c), by striking the matter after
``ending on'' and before ``no senior executive'' and inserting
``December 31, 2013,''.
(b) Section 114 of the Continuing Appropriations Resolution, 2013
(Public Law 112-175; 5 U.S.C. 5303 note) is repealed.
Sec. 1113. (a) Not later than 30 days after the date of the
enactment of this division, each department and agency in subsection
(c) shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a spending, expenditure, or operating
plan for fiscal year 2013--
(1) at the program, project, or activity level (or, for
foreign assistance programs funded in titles III, IV and VIII
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, at the country, regional, and
central program level, and for any international organization);
or
(2) as applicable, at any greater level of detail required
for funds covered by such a plan in an appropriations Act
referred to in section 1101, in the joint explanatory statement
accompanying such Act, or in committee report language
incorporated by reference in such joint explanatory statement.
(b) If a sequestration is ordered by the President under section
251A of the Balanced Budget and Emergency Deficit Control Act of 1985,
the spending, expenditure, or operating plan required by this section
shall reflect such sequestration.
(c) The departments and agencies to which this section applies are
as follows:
(1) The Department of Agriculture.
(2) The Department of Commerce.
(3) The Department of Education.
(4) The Department of Energy.
(5) The Department of Health and Human Services.
(6) The Department of Homeland Security.
(7) The Department of Housing and Urban Development.
(8) The Department of the Interior.
(9) The Department of Justice.
(10) The Department of Labor.
(11) The Department of State and United States Agency for
International Development.
(12) The Department of Transportation.
(13) The Department of the Treasury.
(14) The National Aeronautics and Space Administration.
(15) The National Science Foundation.
(16) The Judiciary.
(17) With respect to amounts made available under the
heading ``Executive Office of the President and Funds
Appropriated to the President'', agencies funded under such
heading.
(18) The Federal Communications Commission.
(19) The General Services Administration.
(20) The Office of Personnel Management.
(21) The National Archives and Records Administration.
(22) The Securities and Exchange Commission.
(23) The Small Business Administration.
(24) The Environmental Protection Agency.
(25) The Indian Health Service.
(26) The Smithsonian Institution.
(27) The Social Security Administration.
(28) The Corporation for National and Community Service.
(29) The Corporation for Public Broadcasting.
(30) The Food and Drug Administration.
(31) The Commodity Futures Trading Commission.
Sec. 1114. Not later than May 1, 2013, and each month thereafter
through November 1, 2013, the Director of the Office of Management and
Budget shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a report on all obligations incurred in
fiscal year 2013, by each department and agency, using funds made
available by this division. Such report shall--
(1) set forth obligations by account; and
(2) compare the obligations incurred in the period covered
by the report to the obligations incurred in the same period in
fiscal year 2012.
TITLE II--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
Sec. 1201. Notwithstanding section 1101, the level for ``Domestic
Food Programs, Food and Nutrition Service, Commodity Assistance
Program'', shall be $253,952,000, of which $186,935,000 shall be for
the Commodity Supplemental Food Program.
Sec. 1202. Notwithstanding section 1101, the amounts included
under the heading ``Agricultural Programs, Farm Service Agency,
Agricultural Credit Insurance Fund Program Account'' in division A of
Public Law 112-55 shall be applied to funds appropriated by this
division as follows: by substituting ``$2,000,000,000'' for
``$1,500,000,000'' the first place it appears; by substituting
``$1,258,887,000'' for ``$1,050,090,000''; and by substituting
``$70,120,000'' for ``$59,120,000''.
Sec. 1203. Notwithstanding section 1101, the Secretary of
Agriculture may transfer funds among the loan and loan guarantee
programs within the Rural Development mission area to maintain the 2012
program levels, to the extent possible, for such programs and
activities during fiscal year 2013.
Sec. 1204. Notwithstanding section 1101, amounts otherwise
provided by section 1101 for ``Department of Health and Human Services,
Food and Drug Administration, Salaries and Expenses'' for medical
device user fees shall be increased by the amounts by which the
authorized levels of such fees for fiscal year 2013 exceed the
authorized levels of such fees for fiscal year 2012: Provided, That
amounts collected for fees specified in this section for fiscal year
2013 that exceed applicable fiscal year 2013 limitations for such fees
are appropriated and shall be credited to such account and remain
available until expended.
Sec. 1205. Notwithstanding section 1101, fees authorized for
fiscal year 2013 pursuant to section 744B of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j-42) shall be credited to ``Department
of Health and Human Services, Food and Drug Administration, Salaries
and Expenses'' and remain available until expended.
Sec. 1206. Sections 744 and 748 of division A of Public Law 112-55
shall not apply to funds appropriated by this division.
Sec. 1207. Of the funds made available for ``Rural Development
Programs, Rural Business--Cooperative Service, Rural Economic
Development Loans Program Account'', of the funds derived from interest
on the cushion of credit payments, as authorized by section 313 of the
Rural Electrification Act of 1936 (7 U.S.C. 940c), $180,000,000 shall
not be obligated and $180,000,000 is rescinded.
Sec. 1208. (a) Notwithstanding section 1101, the first and second
provisos of section 726(15) of division A of Public Law 112-55 shall be
applied to funds appropriated by this division as if ``, in this fiscal
year,'' appeared before ``section 19(i)(1)(E)'' the first place it
appears, by substituting ``$39,000,000'' for ``$20,000,000'', and by
substituting ``$117,000,000'' for ``$133,000,000''.
(b) Of the unobligated balances available under section
14222(b)(2)(A)(v) of Public Law 110-246 (7 U.S.C. 612c-6(b)(2)(A)(v)),
$150,000,000 is rescinded.
Sec. 1209. In addition to amounts provided elsewhere in this
division, $48,256,765 is appropriated for activities under section 403
of the Agricultural Credit Act of 1978 (Emergency Watershed Protection
Program; 16 U.S.C. 2203) for necessary expenses resulting from a major
disaster declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That
the Secretary of Agriculture shall transfer these funds to the Natural
Resources Conservation Service.
Sec. 1210. Section 1109(a) of this division shall not be construed
to change the requirement that $3,000,000,000, to remain available
until September 30, 2014, be placed in reserve for ``Domestic Food
Programs, Food and Nutrition Service, Supplemental Nutrition Assistance
Program''.
Sec. 1211. Notwithstanding section 1101, the level for
``Agricultural Programs, National Agricultural Statistics Service''
shall be $179,477,000, of which up to $62,500,000 shall be available
until expended for the Census of Agriculture.
TITLE III--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
Sec. 1301. Notwithstanding section 1101, the level for ``National
Oceanic and Atmospheric Administration, Procurement, Acquisition and
Construction'' shall be $1,951,036,000, of which $802,000,000 shall be
for the Geostationary Operational Environmental Satellite-R system.
Sec. 1302. Notwithstanding section 1101, the level for each of the
following accounts shall be $0: ``Department of Justice, General
Administration, National Drug Intelligence Center''; ``Department of
Justice, Drug Enforcement Administration, Construction''.
Sec. 1303. Notwithstanding section 1101, the level for
``Department of Justice, General Administration, Justice Information
Sharing Technology'' shall be $22,000,000.
Sec. 1304. Notwithstanding section 1101, the level for
``Department of Justice, Federal Bureau of Investigation, Salaries and
Expenses'' shall be $8,165,520,000.
Sec. 1305. Notwithstanding section 1101, the level for
``Department of Justice, Federal Prison System, Salaries and Expenses''
shall be $6,689,481,000.
Sec. 1306. Notwithstanding section 1101, the level for
``Department of Justice, Office of Justice Programs, State and Local
Law Enforcement Assistance'' shall be $1,062,500,000: Provided, That
the amounts included under such heading in division B of Public Law
112-55 shall be applied to funds appropriated by this division as
follows: by substituting ``$370,000,000'' for ``$470,000,000''; and by
substituting ``$0'' for ``$100,000,000''.
Sec. 1307. Of the unobligated balances available for ``Department
of Justice, Legal Activities, Assets Forfeiture Fund'', $675,000,000 is
rescinded.
Sec. 1308. Of the unobligated balances available for ``Department
of Justice, Federal Prison System, Buildings and Facilities'',
$64,700,000 is rescinded, to be derived from amounts for the ``Acquire
Existing Institution for Higher Security FCI'' project.
Sec. 1309. Section 505 of division B of Public Law 112-55 shall be
applied to funds appropriated by this division by substituting ``45''
for ``15''.
Sec. 1310. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2013.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2013, and any use, obligation, transfer, or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of
division B of Public Law 112-55.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2013, and any use,
obligation, transfer, or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of division B of Public Law
112-55.
(d) Of amounts available in the Department of Justice Assets
Forfeiture Fund in fiscal year 2013, $154,700,000 shall be for payments
associated with joint law enforcement operations in fiscal year 2013 as
authorized by section 524(c)(1)(I) of title 28, United States Code.
(e) The Attorney General shall submit a spending plan to the
Committees on Appropriations of the House of Representatives and the
Senate not later than 45 days after the date of enactment of this
division detailing the planned distribution of the Department of
Justice Assets Forfeiture Fund joint law enforcement operations funding
during fiscal year 2013.
(f) Subsections (a) through (d) of this section shall sunset on
September 30, 2013.
Sec. 1311. Notwithstanding section 1101, the level for ``National
Aeronautics and Space Administration, Exploration'' shall be
$4,152,000,000: Provided, That the amounts included under such heading
in division B of Public Law 112-55 shall be applied to funds
appropriated by this division as follows: by substituting
``$2,119,000,000'' for ``$1,860,000,000''; by substituting
``$525,000,000'' for ``$406,000,000''; by substituting ``$308,000,000''
for ``$304,800,000''; by substituting ``$454,000,000'' for
``$316,500,000''; and by substituting ``$265,000,000'' for
``$58,000,000''.
Sec. 1312. Notwithstanding section 1101, the level for each of the
following accounts shall be as follows: ``National Aeronautics and
Space Administration, Space Operations'', $4,000,000,000; and
``National Aeronautics and Space Administration, Cross Agency
Support'', $2,847,400,000.
TITLE IV--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
Sec. 1401. (a) Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities, National
Nuclear Security Administration, Weapons Activities'' shall be
$7,577,341,000.
(b) Section 301(c) of division B of Public Law 112-74 shall not
apply to amounts made available by this section.
Sec. 1402. In addition to amounts otherwise made available by this
division, $150,000,000 is appropriated for ``Department of Energy,
Atomic Energy Defense Activities, National Nuclear Security
Administration, Defense Nuclear Nonproliferation'' for domestic uranium
enrichment research, development, and demonstration.
Sec. 1403. Section 14704 of title 40, United States Code, shall be
applied to amounts made available by this division by substituting the
date specified in section 1106 of this division for ``October 1,
2012''.
TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT
Sec. 1501. (a) Notwithstanding any other provision of this
division, except section 1106, the District of Columbia may expend
local funds under the heading ``District of Columbia Funds'' for such
programs and activities under title IV of H.R. 6020 (112th Congress),
as reported by the Committee on Appropriations of the House of
Representatives, at the rate set forth under ``District of Columbia
Funds--Summary of Expenses'' as included in the Fiscal Year 2013 Budget
Request Act of 2012 (D.C. Act 19-381), as modified as of the date of
the enactment of this division.
(b) Section 803(b) of the Financial Services and General Government
Appropriations Act, 2012 (division C of Public Law 112-74; 125 Stat.
940) is amended by striking ``November 1, 2012'' and inserting
``November 1, 2013''.
Sec. 1502. Notwithstanding section 1101, the level for ``District
of Columbia, Federal Funds, Federal Payment for Emergency Planning and
Security Costs in the District of Columbia'' shall be $24,700,000, of
which not less than $9,800,000 shall be used for costs associated with
the Presidential Inauguration.
Sec. 1503. Notwithstanding section 1101, the fifth proviso under
the heading ``Federal Communications Commission, Salaries and
Expenses'' in division C of Public Law 112-74 shall be applied by
substituting ``$98,739,000'' for ``$85,000,000''.
Sec. 1504. Notwithstanding any other provision of this division,
amounts made available by section 1101 for ``Department of the
Treasury, Departmental Offices, Salaries and Expenses'' and
``Department of the Treasury, Office of Inspector General, Salaries and
Expenses'' may be used for activities in connection with section
1602(e) of the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States Act of
2012 (subtitle F of title I of division A of Public Law 112-141).
Sec. 1505. Notwithstanding section 1101, the level for ``Office of
Government Ethics, Salaries and Expenses'' shall be $18,664,000, of
which $5,000,000 shall be for development and deployment of the
centralized, publicly accessible database required in section 11(b) of
the STOCK Act (Public Law 112-105).
Sec. 1506. Notwithstanding section 1101, the level for ``Small
Business Administration, Business Loans Program Account'' for the cost
of guaranteed loans as authorized by section 7(a) of the Small Business
Act and section 503 of the Small Business Investment Act of 1958 shall
be $333,600,000.
Sec. 1507. Of the unobligated balances available for ``Department
of the Treasury, Treasury Forfeiture Fund'', $950,000,000 is rescinded.
TITLE VI--HOMELAND SECURITY
Sec. 1601. (a) Amounts made available by this division for
``Department of Homeland Security, U.S. Customs and Border Protection,
Salaries and Expenses'' shall be obligated as necessary to maintain the
staffing levels (including by backfilling vacant positions) of Border
Patrol agents, Customs and Border Protection officers, and Air and
Marine interdiction agents in effect at the end of the fourth quarter
of fiscal year 2012, or, with respect to Border Patrol agents, at such
greater levels as may otherwise be required in the second proviso under
such heading in division D of Public Law 112-74.
(b) Not later than 30 days after the date of the enactment of this
division, the Commissioner of U.S. Customs and Border Protection shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for
``Department of Homeland Security, U.S. Customs and Border Protection,
Salaries and Expenses'' at the program, project, and activity level
that specifies how the Commissioner will maintain staffing levels as
required under subsection (a) throughout fiscal year 2013.
Sec. 1602. (a) Amounts made available by this division for
``Department of Homeland Security, U.S. Immigration and Customs
Enforcement, Salaries and Expenses'' shall be obligated as necessary to
maintain a level not less than 34,000 detention beds as required in the
sixth proviso under such heading in division D of Public Law 112-74.
(b) Not later than 30 days after the date of the enactment of this
division, the Assistant Secretary of U.S. Immigration and Customs
Enforcement shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a detailed expenditure plan for
``Department of Homeland Security, U.S. Immigration and Customs
Enforcement, Salaries and Expenses'' at the program, project, and
activity level that specifies how the Assistant Secretary will maintain
detention bed levels as required under subsection (a) throughout fiscal
year 2013.
Sec. 1603. Notwithstanding section 1101, the levels for the
following accounts of the Department of Homeland Security shall be as
follows:
(1) ``Office of the Secretary and Executive Management'',
$126,074,000.
(2) ``Analysis and Operations'', $322,280,000.
(3) ``U.S. Customs and Border Protection, Salaries and
Expenses'', $9,024,610,000.
(4) ``U.S. Customs and Border Protection, Border Security
Fencing, Infrastructure, and Technology'', $324,099,000.
(5) ``U.S. Customs and Border Protection, Air and Marine
Interdiction, Operations, Maintenance, and Procurement'',
$515,436,000.
(6) ``Transportation Security Administration,
Transportation Security Support'', $954,277,000.
(7) ``Transportation Security Administration, Federal Air
Marshals'', $910,563,000.
(8) ``United States Secret Service, Salaries and
Expenses'', $1,601,454,000.
(9) ``National Protection and Programs Directorate, United
States Visitor and Immigrant Status Indicator Technology'',
$279,133,000.
(10) ``Office of Health Affairs'', $132,499,000 of which
$85,390,000 shall be for BioWatch and $26,702,000 is for
salaries and expenses.
(11) ``Federal Emergency Management Agency, Salaries and
Expenses'', $837,090,000, of which $35,180,000 shall be for the
National Urban Search and Rescue Response System, not to exceed
$22,000,000 shall be for capital improvements at the Mount
Weather Emergency Operations Center, and not less than
$5,000,000 shall be for expenses related to modernization of
automated systems.
(12) ``United States Citizenship and Immigration
Services'', $111,924,000 for the E-Verify Program.
Sec. 1604. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Aviation Security'' shall be $5,048,008,000: Provided,
That the amounts included under such heading in division D of Public
Law 112-74 shall be applied to funds appropriated by this division by
substituting ``$3,972,020,000'' for ``$4,167,631,000''; by substituting
``$408,930,000'' for ``$543,103,000''; by substituting ``$115,204,000''
for ``$204,768,000''; by substituting ``$1,075,988,000'' for
``$1,086,325,000''; by substituting ``9 percent'' for ``10 percent'';
and by substituting ``$2,978,008,000'' for ``$3,223,956,000''.
Sec. 1605. Notwithstanding section 1101, the level for
``Department of Homeland Security, Coast Guard, Acquisition,
Construction, and Improvements'' shall be $1,468,393,000, of which
$1,005,800,000 shall be for vessels, small boats, and related
equipment, including 6 Fast Response Cutters, 1 National Security
Cutter, 5 Response Boat-Mediums, and initial development of an
icebreaker; and $190,500,000 shall be for aircraft including 1
missionized HC-130J aircraft, 1 missionized HC-144 aircraft, and one H-
60 helicopter, $64,000,000 shall be for other acquisition programs,
$94,411,000 shall be for shore, military housing, and aids to
navigation, and $113,682,000 shall be for personnel compensation and
benefits and other costs: Provided, That funds under this heading for
vessels shall be immediately available and allotted to contract for the
production of the sixth National Security Cutter notwithstanding the
availability of funds for post-production costs: Provided further, That
the Coast Guard may decommission one High Endurance Cutter, retire 3
HU-24 aircraft, disestablish the Patrol Boat High-Tempo-Maintenance
Operations, and disestablish the Vintage Vessel National Center of
Expertise.
Sec. 1606. The following amounts are rescinded:
(1) Of the funds made available for ``Department of
Homeland Security, Coast Guard, Acquisition, Construction, and
Improvements'' in division D of Public Law 110-329,
$25,000,000, to be derived from the amounts made available
under such heading for the fourth National Security Cutter.
(2) Of the funds made available for ``Department of
Homeland Security, Coast Guard, Acquisition, Construction, and
Improvements'' in Public Law 112-10, $43,500,000, to be derived
from the amounts made available under such heading for the
fifth National Security Cutter.
Sec. 1607. (a) Notwithstanding section 1101, the level for
``Department of Homeland Security, National Protection and Programs
Directorate, Infrastructure Protection and Information Security'' shall
be $1,138,528,000: Provided, That of such amount, $328,000,000 shall be
for Network Security Deployment, and $218,000,000 shall be for Federal
Network Security to establish and sustain essential cybersecurity
activities, including procurement and operations of continuous
monitoring and diagnostics systems and intrusion detection systems for
civilian Federal computer networks: Provided further, That of the
aggregate amount made available in the preceding proviso for Network
Security Deployment and Federal Network Security, $213,000,000 shall
remain available until September 30, 2014.
(b) Not later than 15 days after the date of the enactment of this
division, the Secretary of Homeland Security shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate an updated expenditure plan for essential cybersecurity
activities described in subsection (a).
Sec. 1608. Section 532(a) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295) is amended by striking
``2012'' and inserting ``2013''.
Sec. 1609. Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note) is
amended by striking ``on October 4, 2012'' and inserting ``on October
4, 2013''.
Sec. 1610. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2012,'' and inserting ``Until September 30, 2013,''; and
(2) in subsection (c)(1), by striking ``September 30,
2012,'' and inserting ``September 30, 2013,''.
Sec. 1611. (a) The third, fourth, and fifth provisos under the
heading ``Department of Homeland Security, Office of the Secretary and
Executive Management'' in division D of Public Law 112-74 shall not
apply to funds appropriated by this division.
(b) The second, third, and fourth provisos under the heading
``Department of Homeland Security, National Protection and Programs
Directorate, Management and Administration'' in division D of Public
Law 112-74 shall not apply to funds appropriated by this division.
TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
Sec. 1701. The contract authority provided for fiscal year 2013 by
16 U.S.C. 460l-10a is rescinded.
Sec. 1702. Notwithstanding section 1101, the level for
``Department of the Interior, Department-wide Programs, Wildland Fire
Management'' shall be $823,473,000: Provided, That of the amounts made
available by section 140(b) of Public Law 112-175 (126 Stat. 1321),
$7,500,000 is rescinded.
Sec. 1703. Section 10101(a) of the Omnibus Budget Reconciliation
Act of 1993 (30 U.S.C. 28f(a)), as amended by section 430 of the
Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat
1047), is further amended--
(1) in paragraph (1) in the first sentence, by striking
``on'' the first place it appears and inserting ``before,
on,''; and
(2) in paragraph (2)--
(A) by striking ``located'' the second place it
appears;
(B) by inserting at the end of the following:
``Such claim maintenance fee shall be in lieu of the
assessment work requirement contained in the Mining Law
of 1872 (30 U.S.C. 28 to 28e) and the related filing
requirements contained in section 314(a) and (c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1744(a) and (c)).''; and
(C) by striking ``(a)'' in the first sentence and
inserting ``(a)(1)''.
Sec. 1704. (a) Of the unobligated balances available under the
following headings from prior appropriation Acts, the following amounts
are rescinded:
(1) ``Hazardous Substance Superfund'', $15,000,000.
(2) ``State and Tribal Assistance Grants'', $35,000,000, as
follows:
(A) $10,000,000 from unobligated Brownfields
balances.
(B) $5,000,000 from unobligated categorical grant
balances.
(C) $10,000,000 from unobligated Drinking Water
State Revolving Funds balances.
(D) $10,000,000 from unobligated Clean Water State
Revolving Funds balances.
(b) No amounts may be rescinded under subsection (a) from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 1705. Notwithstanding subsection (d)(2) of section 33 of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8),
the Administrator of the Environmental Protection Agency may assess
pesticide registration service fees under such section for fiscal year
2013.
Sec. 1706. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, Wildland Fire Management''
shall be $2,444,390,000. In addition to such amount, there is
appropriated $40,000,000 for an additional amount for fiscal year 2013
for such account, to remain available until expended, for repayment to
other appropriations accounts from which funds were transferred in
fiscal year 2012 for wildfire suppression.
Sec. 1707. The authority provided by section 331 of the Department
of the Interior and Related Agencies Appropriations Act, 2000 (enacted
by reference in section 1000(a)(3) of Public Law 106-113; 16 U.S.C. 497
note) shall continue in effect through the date specified in section
1106 of this division.
Sec. 1708. Notwithstanding section 1101, the level for ``Presidio
Trust, Presidio Trust Fund'' and ``Dwight D. Eisenhower Memorial
Commission, Capital Construction'' shall be $0.
Sec. 1709. Notwithstanding section 1101, section 408 of division E
of Public Law 112-74 (125 Stat. 1038) shall be applied to funds
appropriated by this division by substituting ``112-10, and 112-74''
for ``112-10'' and by substituting ``2012'' for ``2011''.
TITLE VIII--LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED
AGENCIES
Sec. 1801. Of the funds made available to the ``Department of
Labor, Employment and Training Administration'' from any previous
appropriations acts that remain unobligated as of the date of enactment
of this division, up to $40,000,000 may be transferred to ``Employment
and Training Administration, Office of Job Corps'' for Job Corps
operations for program years 2012 and 2013 and shall be in addition to
any other amounts available to the Office of Job Corps for such
purposes: Provided, That not less than $15,000,000 shall be transferred
within 30 days of enactment of this division to support Job Corps
operations for the program year ending June 30, 2013: Provided further,
That, not later than 15 days after any transfer has been made under the
authority of this section, the Secretary of Labor shall submit a report
to the Committees on Appropriations of the House of Representatives and
the Senate that details the source of the transferred funds and the
specific programs, projects, or activities for which such funds will be
used, and provides a detailed explanation of the need for such
transfer.
Sec. 1802. Notwithstanding section 1101, the level for
``Department of Labor, Veterans Employment and Training'' shall be
$264,436,000, of which $226,251,000 shall be derived from the
Employment Security Administration Account in the Unemployment Trust
Fund: Provided, That the level provided under such heading for Veterans
Workforce Investment Program grants shall be used for the Transition
Assistance Program and activities authorized by the VOW to Hire Heroes
Act of 2011, shall be available through September 30, 2013, and shall
be in addition to any other funds available for those purposes:
Provided further, That of the level provided under such heading, not
less than $14,000,000 shall be for the Transition Assistance Program,
and $3,414,000 shall be for the National Veterans' Employment and
Training Services Institute.
Sec. 1803. The first proviso under the heading ``Department of
Health and Human Services, Administration for Children and Families,
Low Income Home Energy Assistance'' in division F of Public Law 112-74
shall be applied to amounts made available by this division by
substituting ``2013'' for ``2012''.
Sec. 1804. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for Children
and Families, Refugee and Entrant Assistance'' shall be $992,000,000.
Sec. 1805. Notwithstanding section 1101, the rescissions made in
sections 522 and 525 of division F of Public Law 112-74 shall be
repeated in this division with respect to funds available for fiscal
year 2013.
Sec. 1806. Of the amount provided by section 1101 for ``Department
of Education, Safe Schools and Citizenship Education'' for subpart 2 of
part A of title IV of the Elementary and Secondary Education Act of
1965, $3,000,000, to remain available until expended, shall be for the
Project School Emergency Response to Violence program to provide
education-related services to local educational agencies and
institutions of higher education in which the learning environment has
been disrupted due to a violent or traumatic crisis.
TITLE IX--LEGISLATIVE BRANCH
Sec. 1901. (a) Of the amounts made available by section 1101 for
accounts under the heading ``Architect of the Capitol'', the Architect
of the Capitol may transfer an aggregate amount of not more than
$61,247,000 to ``Architect of the Capitol, Capitol Building'', solely
for expenses related to the rehabilitation of the United States Capitol
Dome.
(b) The transfer of amounts under the authority of subsection (a)
shall be subject to the approval of the Committees on Appropriations of
the House of Representatives and Senate.
(c) Any amounts transferred under the authority of subsection (a)
shall remain available until expended.
TITLE X--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
Sec. 2001. (a) Notwithstanding section 1101, the level for the
following accounts shall be as follows: ``Overseas Contingency
Operations/Global War on Terrorism, Department of State, Administration
of Foreign Affairs, Diplomatic and Consular Programs'', $4,169,640,000,
of which $952,695,000 is for Worldwide Security Protection (to be
available until expended); and ``Overseas Contingency Operations/Global
War on Terrorism, Department of State, Administration of Foreign
Affairs, Embassy Security, Construction, and Maintenance'',
$1,362,124,000: Provided, That funds made available under this
subsection shall be used for operations at high threat posts, security
programs to protect personnel and property under Chief of Mission
authority, preventing the compromise of classified United States
Government information and equipment, and security construction or
upgrade requirements at Department of State facilities worldwide,
including for Worldwide Security Upgrades.
(b) Of the unobligated balances from funds appropriated in title
VIII of division I of Public Law 112-74 under the heading ``Overseas
Contingency Operations/Global War on Terrorism, Department of State,
Administration of Foreign Affairs, Diplomatic and Consular Programs''
and designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
$1,109,700,000 is rescinded.
(c) The Secretary of State shall submit a report to the Committees
on Appropriations of the House of Representatives and the Senate
providing an assessment of security requirements at United States
diplomatic facilities abroad, a comprehensive plan for addressing such
requirements, and a detailed description of embassy security
improvements to be supported from funds made available under this
section. Such report shall be submitted in unclassified form, but may
include a classified annex if appropriate.
Sec. 2002. The amounts included in the first paragraph under the
heading ``International Security Assistance, Funds Appropriated to the
President, Foreign Military Financing Program'' in title IV of division
I of Public Law 112-74 shall be applied to funds appropriated by this
division by substituting in the second proviso ``$3,100,000,000'' for
``$3,075,000,000'' and by substituting in the fourth proviso
``$815,300,000'' for ``$808,725,000''.
Sec. 2003. (a) Notwithstanding section 1101, the level for each of
the following accounts shall be $0: ``Multilateral Assistance,
International Financial Institutions, Contribution to the Enterprise
for the Americas Multilateral Investment Fund'' and ``Multilateral
Assistance, International Financial Institutions, European Bank for
Reconstruction and Development, Limitation on Callable Capital
Subscriptions''.
(b) Notwithstanding section 1101, the level for the second
paragraph for each of the following accounts shall be $0:
``Multilateral Assistance, International Financial Institutions,
Contribution to the International Development Association'',
``Multilateral Assistance, International Financial Institutions,
Contribution to the Inter-American Development Bank'', and
``Multilateral Assistance, International Financial Institutions,
Contribution to the African Development Fund''.
Sec. 2004. The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
(a) in section 599D (8 U.S.C. 1157 note)--
(1) in subsection (b)(3), by striking ``and 2012'' and
inserting ``2012, and 2013''; and
(2) in subsection (e), by striking ``2012'' each place it
appears and inserting ``2013''; and
(b) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by
striking ``2012'' and inserting ``2013''.
Sec. 2005. Of the unexpended balances available under the heading
``Export and Investment Assistance, Export-Import Bank of the United
States, Subsidy Appropriation'' from prior Acts making appropriations
for the Department of State, foreign operations, and related programs,
$216,213,000 is rescinded.
TITLE XI--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
Sec. 2101. (a) Section 120 of division C of Public Law 112-55 shall
not apply to amounts made available by this division.
(b) During the period covered by this division, section 1102 of
Public Law 112-141 shall be applied--
(1) in subsection (a)(1), by substituting
``$39,143,582,670'' for ``$39,699,000,000'';
(2) in subsection (b)(10), as if the limitation applicable
through fiscal year 2011 applied through fiscal year 2012; and
(3) in subsection (c)(5), by treating the reference to
section 204 of title 23, United States Code, as a reference to
sections 202 and 204 of such title.
Sec. 2102. Notwithstanding section 1101, the level for
``Department of Transportation, National Highway Traffic Safety
Administration, Highway Traffic Safety Grants'' shall be $501,828,000:
Provided, That the matter under such heading in division C of Public
Law 112-55 shall be applied to amounts made available by this division
as follows:
(1) by substituting ``$501,828,000'' for ``$550,328,000''
the second place it appears;
(2) by substituting ``23 U.S.C. 402 and 405 (`National
Priority Safety Programs'), section 31101(a)(6) of Public Law
112-141, and section 2009 of Public Law 109-59 (as amended by
Public Law 112-141)'' for ``23 U.S.C. 402, 405, 406, 408, and
410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public
Law 109-59'' each place it appears;
(3) by substituting ``fiscal year 2013'' for ``fiscal year
2012'';
(4) by substituting ```Occupant Protection Grants' under 23
U.S.C. 405(b)'' for ```Occupant Protection Incentive Grants'
under 23 U.S.C. 405'';
(5) by substituting ``$0'' for ``$48,500,000'';
(6) by substituting ```State Traffic Safety Information
System Improvements' under 23 U.S.C. 405(c)'' for ```State
Traffic Safety Information System Improvements' under 23 U.S.C.
408'';
(7) by substituting ```Impaired Driving Countermeasures'
under 23 U.S.C. 405(d)'' for ```Alcohol-Impaired Driving
Countermeasures Incentive Grant Program' under 23 U.S.C. 410'';
(8) by substituting ```Administrative Expenses' under
section 31101(a)(6) of Public Law 112-141'' for
```Administrative Expenses' under section 2001(a)(11) of Public
Law 109-59'';
(9) by substituting ```Motorcyclist Safety' under 23 U.S.C.
405(f)'' for ```Motorcyclist Safety' under section 2010 of
Public Law 109-59'';
(10) by substituting ```Occupant Protection Grants' under
23 U.S.C. 405(b)'' for ```Child Safety and Child Booster Seat
Safety Incentive Grants' under section 2011 of Public Law 109-
59'';
(11) by substituting ``section 405(a)(1)(C) of title 23,
United States Code'' for ``section 410 `Alcohol-Impaired
Driving Countermeasures Grants''';
(12) by substituting ``$0'' for ``$750,000''; and
(13) by substituting ``$0'' for ``$25,000,000''.
Sec. 2103. The matter under the heading ``Department of
Transportation, Federal Transit Administration, Formula and Bus
Grants'' in division C of Public Law 112-55 shall be applied to amounts
made available by this division by substituting ``49 U.S.C. 5305, 5307,
5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and 5340'' for ``49 U.S.C.
5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and
5340 and section 3038 of Public Law 105-178, as amended'' each place it
appears.
Sec. 2104. Section 601(e)(1)(B) of division B of Public Law 110-
432 shall be applied by substituting the date specified in section 1106
of this division for ``4 years after such date''.
Sec. 2105. Section 112 of division C of Public Law 112-55 shall be
applied to funds appropriated by this division by treating such section
as if it were amended by striking ``49 U.S.C. 41742(b) shall not apply,
and''.
Sec. 2106. The first proviso under the heading ``Department of
Housing and Urban Development, Community Planning and Development,
Homeless Assistance Grants'' in division C of Public Law 112-55 (125
Stat. 685) shall be applied to amounts appropriated by this division by
substituting ``not more than'' for ``not less than''.
Sec. 2107. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public and Indian
Housing, Indian Housing Loan Guarantee Fund Program Account'' shall be
$7,360,000: Provided, That the second proviso under such heading in
division C of Public Law 112-55 shall be applied to funds appropriated
by this division by substituting ``$976,000,000'' for ``$360,000,000''.
This division may be cited as the ``Full-Year Continuing
Appropriations Act, 2013''.
DIVISION D--ACROSS-THE-BOARD REDUCTIONS
Sec. 3001. (a) There is hereby rescinded the applicable percentage
(as specified in subsection (b)) of--
(1) the budget authority provided (or obligation limit
imposed) for fiscal year 2013 for any discretionary account in
divisions A through C of this Act;
(2) the budget authority provided in any advance
appropriation for fiscal year 2013 for any discretionary
account in any prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2013 for
any program subject to limitation incorporated or otherwise
contained in divisions A through C of this Act.
(b)(1) For purposes of subsection (a), the applicable percentage
shall be--
(A) for budget authority in the nonsecurity category (as
defined in section 250(c)(4)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985), 0.098 percent; and
(B) for budget authority in the security category (as
defined in section 250(c)(4)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985), 0.109 percent.
(2) If, for fiscal year 2013, the amount of new budget authority
provided in appropriation Acts exceeds the discretionary spending
limits set forth in section 251(c)(2) of the Balanced Budget and
Emergency Deficit Control Act on new budget authority for any category
due to estimating differences with the Congressional Budget Office, the
Director of the Office of Management and Budget shall increase the
applicable percentage in paragraph (1) with respect to that category by
such amount as is necessary to eliminate the amount of the excess in
that category.
(c) Any rescission made by subsection (a) shall be applied
proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the applicable appropriation Act or
accompanying reports covering such account or item).
(d) This section shall not apply to--
(1) amounts designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act; or
(2) the amount made available by division C of this Act for
``Social Security Administration, Limitation on Administrative
Expenses'' for continuing disability reviews under titles II
and XVI of the Social Security Act and for the cost associated
with conducting redeterminations of eligibility under title XVI
of the Social Security Act.
(e) Within 30 days after the date of the enactment of this section,
the Director of the Office of Management and Budget shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report specifying the account and amount of each rescission
made pursuant to this section.
Sec. 3002. Notwithstanding any other provision of this Act, if, on
or after the date of enactment of this Act, a sequestration order
issued by the President pursuant to section 251A(7)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is in effect, the
reductions in each discretionary account under such order shall apply
to the amounts provided in this Act consistent with section 253(f) of
that Act, and shall be in addition to any reductions required by
section 251(a) of that Act.
Passed the House of Representatives March 6, 2013.
Attest:
Clerk.
113th CONGRESS
1st Session
H. R. 933
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Defense, the Department of
Veterans Affairs, and other departments and agencies for the fiscal
year ending September 30, 2013, and for other purposes.