[Congressional Record (Bound Edition), Volume 159 (2013), Part 3]
[Senate]
[Pages 3531-3562]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 32. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RESTORATION OF CERTAIN PROPERTIES IMPACTED BY 
                   NATURAL DISASTER.

       (a) In General.--
       (1) Pilot program.--Hereafter, in administering the funds 
     made available to address any major disaster declared on or 
     after August 27, 2011, the Administrator of the Federal 
     Emergency Management Agency (in this section referred to as 
     the ``Administrator'') shall establish a pilot program for 
     the relocation of State facilities under section 406 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5172).
       (2) Authority.--
       (A) Waiver authorized.--Subject to subparagraph (B), under 
     the pilot program established under paragraph (1), the 
     Administrator may waive, or specify alternative requirements 
     for, any regulation that the Administrator administers to 
     provide assistance, consistent with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     for the permanent relocation of State facilities described in 
     subparagraph (C) that--
       (i) were significantly damaged as a result of the major 
     disaster;
       (ii) are subject to flood risk; and
       (iii) are otherwise eligible for repair, restoration, 
     reconstruction, or replacement under section 406 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act.
       (B) Conditions.--The Administrator may take actions 
     authorized under subparagraph (A) only if the Administrator 
     determines that the relocation--
       (i) is practicable;
       (ii) will be cost effective, or more appropriate than 
     repairing, restoring, reconstructing, or replacing the 
     facility in its pre-disaster location; and
       (iii) will effectively mitigate the flood risk to the 
     facility.
       (C) Facilities covered.--This paragraph shall apply with 
     respect to State facilities including administrative office 
     buildings, medical facilities, laboratories, and related 
     operating infrastructure (including heat, sewage, mechanical, 
     electrical, and plumbing).
       (b) Eligibility of Certain Costs.--Hereafter, for 
     determinations regarding compliance with codes and standards 
     under the Federal Emergency Management Agency Public 
     Assistance program authorized under section 406 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172), the Administrator shall, for major disasters 
     declared on or after August 27, 2011, consider eligible the 
     costs required to comply with a State's Stream Alteration 
     General Permit process, including any design standards 
     required to be met as a condition of permit issuance.
                                 ______
                                 
  SA 33. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, 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; as follows:

       Strike section 8039, relating to the use for grants of 
     funds of the Office of Economic Assistance of the Department 
     of Defense.
       Strike section 8104, relating to the use of funds of the 
     Office of Economic Assistance of the Department of Defense 
     for grants for Guam.
                                 ______
                                 
  SA 34. Mr. McCAIN (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed by him to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       In section 8040(b)(1), strike subparagraph (C).
                                 ______
                                 
  SA 35. Mr. McCAIN (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed by him to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       Strike section 8019, relating to incentive payments 
     authorized by the Indian Financing Act of 1974.
                                 ______
                                 
  SA 36. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       On page 84, between lines 3 and 4, insert the following:
       Sec. 74__.  Notwithstanding any other provision of this 
     Act, none of the funds made available under this Act may be 
     used to provide economic impact initiative grants under the 
     rural community facilities program account of the Department 
     of Agriculture.
                                 ______
                                 
  SA 37. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       Strike section 8122, relating to a prohibition on the 
     retirement of C-23 Sherpa aircraft.
                                 ______
                                 
  SA 38. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       Beginning on page 98, strike line 22 and all the follows 
     through page 99, line 18.
                                 ______
                                 
  SA 39. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       On page 84, between lines 3 and 4, insert the following:

[[Page 3532]]

       Sec. 74__.  None of the funds made available under this Act 
     for the Agricultural Research Service may be used to continue 
     to carry out extramural research projects, or to operate 
     research laboratories, that have been identified for 
     termination by the Secretary of Agriculture.
                                 ______
                                 
  SA 40. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       On page 46, lines 9 through 14, strike ``Provided further, 
     That $10,000,000 of the amount appropriated under this 
     heading shall be transferred to, and merged with, the Rural 
     Utilities Service, High Energy Cost Grants Account to provide 
     grants authorized under section 19 of the Rural 
     Electrification Act of 1936 (7 U.S.C. 918a):''
                                 ______
                                 
  SA 41. Mr. MORAN submitted an amendment intended to be proposed by 
him to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       On page 455, between lines 19 and 20, insert the following:
       Sec. 574.  Of the amounts appropriated under title II to 
     the Transportation Security Administration for civil aviation 
     security services, $2,500,000 shall be transferred to the 
     United States Secret Service for salaries and expenses to 
     permit the resumption of self-guided tours of the White 
     House.
                                 ______
                                 
  SA 42. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       At the end of title IX of division C, insert the following:
       Sec. 9015. (a) Findings.--Congress makes the following 
     findings:
       (1) It remains the goal of the United States to enhance the 
     sovereignty of the Islamic Republic of Afghanistan in all 
     areas of its government.
       (2) The United States' continuing mission in Afghanistan 
     requires effective cooperation with the Government of 
     Afghanistan to ensure that law of war detainees captured on 
     the battlefield do not present an undue danger to members of 
     the armed forces or civilians of either nation.
       (3) A cooperative, humanitarian, and flexible system of 
     detainment in Afghanistan is a critical element of ensuring 
     the safety of our troops as long as the United States' 
     mission continues in Afghanistan.
       (b) Limitation.--No funds appropriated or otherwise made 
     available by title IX of this division under the heading 
     ``Afghanistan Infrastructure Fund'' may be obligated or 
     expended until the Secretary of Defense submits to the 
     appropriate committees of Congress a report setting forth the 
     certifications as follows:
       (1) That transfers to the Government of Afghanistan of 
     Afghan nationals detained by United States Armed Forces in 
     Afghanistan territory do not present a significant threat to 
     United States or coalition forces based upon the likelihood 
     that the detainee to be transferred will engage in continuing 
     hostile acts against the United States or its coalition 
     allies.
       (2) That the Government of Afghanistan is in compliance 
     with international humanitarian law, including Additional 
     Protocol II of 1977 to the Geneva Convention of 1949, with 
     respect to preventing detainee abuse.
       (3) That the Government of Afghanistan has implemented an 
     administrative detention regime under its domestic law as an 
     alternative to criminal prosecution, which regime is--
       (A) consistent with international humanitarian law, 
     including the Additional Protocol II of 1977 to the Geneva 
     Convention of 1949, Afghanistan domestic law, and all of the 
     international obligations of Afghanistan;
       (B) in compliance with the international obligations of 
     Afghanistan with respect to humane treatment and applicable 
     due process; and
       (C) based on sustainable arrangements, including housing.
       (4) That there exists a continuing capability of both the 
     United States and Afghanistan to gather intelligence from 
     detainees transferred to the Government of Afghanistan for 
     the mutual benefit of both nations.
       (5) That, as part of the intelligence gathering described 
     in paragraph (4), the United States is granted regular, 
     direct access to detainees held by the Government of 
     Afghanistan for the purpose of interrogation or any other 
     lawful purpose.
       (6) That the Government of Afghanistan is consulting, and 
     will continue to consult, the United States before the 
     release, including release prior to indictment, of any 
     detainee transferred to the Government of Afghanistan, and, 
     if the United States provides its assessment that continued 
     detention is necessary to prevent such a detainee from 
     engaging in or facilitating terrorist activity, the 
     Government of Afghanistan will consider favorably such 
     assessment.
       (7) That additional processes will be in place in any case 
     where the United States considers a detainee held by 
     Afghanistan an enduring security threat (or its equivalent) 
     to ensure that the detainee will not present a security 
     threat once released.
       (c) Contingent Requirement for Explanatory Report.--If the 
     report described by subsection (b) has not been submitted to 
     Congress by 45 days after the date of the enactment of this 
     Act, the Secretary of Defense shall submit to the appropriate 
     committees of Congress on such date a report setting forth an 
     explanation why the report described by subsection (b) has 
     not been so submitted.
       (d) Comptroller General Report.--Not later than 45 days 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to the appropriate 
     committees of Congress a report setting forth an assessment 
     by the Comptroller General of the the ability of the 
     Government of Afghanistan to sustain costs associated with 
     securing detainees in Afghanistan.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (2) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 43. Mr. BLUNT (for himself, Mr. Risch, Mr. Hoeven, Mr. Wicker, Mr. 
Johanns, Mr. Enzi, Mrs. Fischer, Ms. Collins, and Mr. Inhofe) submitted 
an amendment intended to be proposed to amendment SA 26 proposed by Ms. 
Mikulski (for herself and Mr. Shelby) to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       At the end of division G, insert the following:

     SEC. ___. ESSENTIAL SERVICES ACT OF 2013.

       (a) Short Title.--This section may be cited as the 
     ``Essential Services Act of 2013''.
       (b) Definitions.--In this section--
       (1) the term ``agency'' means an Executive agency (as 
     defined in section 105 of title 5, United States Code); and
       (2) the term ``essential employee'' means an employee that 
     performs work involving the safety of human life or the 
     protection of property, as determined by the head of the 
     agency.
       (c) Furlough Flexibility.--
       (1) In general.--In implementing the sequester required by 
     section 251A of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as ordered on March 1, 2013, the head of 
     an agency may furlough such employees of the agency as are 
     required to achieve the funding reduction required by the 
     sequester for the agency, but shall exempt essential 
     employees.
       (2) Transfer of budgetary resources.--The head of an agency 
     may transfer budgetary resources within their agency to carry 
     out paragraph (1), subject to the limitation that transfers 
     may only be made to maintain essential employees.
                                 ______
                                 
  SA 44. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:
       Sec. __. (a)(1)(A) Except as provided under paragraph (3), 
     none of the amounts appropriated or otherwise made available 
     by this Act or any prior Act making appropriations for the 
     Department of State, foreign operations, and related programs 
     for bilateral economic assistance under the heading 
     ``economic support fund'' may be made available to the 
     Government of Egypt unless a certification under subsection 
     (c)(2) is in effect.
       (B) Except as provided under paragraph (3), none of the 
     amounts appropriated or otherwise made available by this Act 
     or any prior Act making appropriations for the Department of 
     State, foreign operations, and related programs for 
     assistance for Egypt

[[Page 3533]]

     under section 23 of the Arms Export Control Act (22 U.S.C. 
     2763; relating to the Foreign Military Financing program) may 
     be obligated or expended for contracts with the Government of 
     Egypt entered into on or after the date of the enactment of 
     this Act unless a certification under subsection (c)(1) is in 
     effect.
       (2) Not later than 90 days after the date on which the 
     Secretary of State transmits to the appropriate congressional 
     committees an initial certification under paragraph (1) or 
     (2) of subsection (c), and every 6 months thereafter, the 
     Secretary shall transmit to the appropriate congressional 
     committees--
       (A) a recertification that the requirements contained in 
     such paragraph are continuing to be met; or
       (B) a statement that the Secretary is unable to make such a 
     recertification and that the certification is no longer in 
     effect.
       (3) The Secretary of State may waive the requirements of 
     subparagraphs (A) and (B) of paragraph (1) for one or more 
     180-periods if, for each such 180-day period, the Secretary 
     determines and certifies to the appropriate congressional 
     committees that it is in the national security interests of 
     the United States to do so and submits to the appropriate 
     congressional committees a report with detailed reasoning for 
     the determination and certification.
       (b) During a period in which a certification described in 
     subsection (c)(2) is not in effect, amounts that may not be 
     made available for Economic Support Fund assistance to the 
     Government of Egypt pursuant to the limitation under 
     subsection (a) shall be reallocated for democracy and 
     governance programs for Egypt, including direct support for 
     secular, democratic nongovernmental organizations, as well as 
     programming and support for rule of law and human rights, 
     good governance, political competition and consensus-
     building, and civil society.
       (c)(1) A certification described in this paragraph is a 
     certification submitted by the Secretary of State to the 
     appropriate congressional committees that the following 
     conditions have been met:
       (A) The Government of Egypt has adopted and implemented 
     legal reforms to protect the political, economic, and 
     religious freedoms and human rights of all citizens and 
     residents of Egypt.
       (B) The Government of Egypt is not acting to restrict the 
     political, economic, or religious freedoms and human rights 
     of the citizens and residents of Egypt.
       (C) The Government of Egypt is continuing to demonstrate a 
     commitment to free and fair elections and is not taking any 
     steps to interfere with or undermine the credibility of such 
     elections.
       (D) Egypt is implementing the Egypt-Israel Peace Treaty.
       (E) The Government of Egypt is taking all necessary action 
     to eliminate smuggling networks and to detect and destroy 
     tunnels between Egypt and the Gaza Strip.
       (F) The Government of Egypt is taking all necessary action 
     to combat terrorism in the Sinai, and the Department of 
     Defense has allocated a portion of Egypt's Foreign Military 
     Financing (FMF) assistance, not less than $100,000,000, 
     toward counterterrorism tools, including equipment and 
     training related to border security, to address this problem.
       (G) The Department of Defense has consulted with the 
     Government of Egypt and produced an analysis of Egypt's 
     current security needs, and the analysis has been shared with 
     the relevant congressional committees.
       (H) The Government of Egypt has lifted restrictions in law 
     and practice on the work and funding of Egyptian and 
     international nongovernmental organizations, comprising those 
     in the human rights and democracy field, including the 
     International Republican Institute, the National Democratic 
     Institute, and Freedom House.
       (2) A certification described in this paragraph is a 
     certification submitted by the Secretary of State to the 
     appropriate congressional committees that--
       (A) the conditions set forth in paragraph (1) have been 
     met; and
       (B) the Government of Egypt has signed and submitted to the 
     International Monetary Fund a Letter of Intent and Memorandum 
     of Economic and Financial Policies designed to achieve such 
     actions as reducing and streamlining energy subsidies, 
     improving the government financial management, and increasing 
     taxation revenues through a broadened tax base and reducing 
     tax exemptions and has begun to implement such measures.
       (d) Not later than 180 days after the date of the enactment 
     of this Act, the President shall submit to the appropriate 
     congressional committees a report describing the results of a 
     policy review on Egypt conducted after a dialogue with the 
     Government of Egypt and civil society on how to rebalance 
     United States military and economic assistance to Egypt.
       (e) Not later than 180 days after the date of the enactment 
     of this Act, the President shall submit to the appropriate 
     congressional committees a report listing all of the Foreign 
     Military Financing contracts for the Government of Egypt 
     carried out over the previous 10 years and describing plans 
     for such contracts over the next 10 years.
       (f) In this section, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 45. Mr. MORAN (for himself, Mr. Inhofe, Mr. Blumenthal, Mr. Blunt, 
Mr. Boozman, Mr. Kirk, Mr. Pryor, and Mr. Roberts) submitted an 
amendment intended to be proposed by him to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       At the end of title VIII of division F, add the following:
       Sec. 1811. (a) Notwithstanding section 1101, the level for 
     ``Department of Transportation, Federal Aviation 
     Administration, Operations'' shall be $9,703,395,000:  
     Provided, That the amounts specified in the matter under the 
     heading ``operations'' under the heading ``Federal Aviation 
     Administration'' in title I of the Transportation, Housing 
     and Urban Development, and Related Agencies Appropriations 
     Act, 2012 (division C of Public Law 112-55; 125 Stat. 645) 
     shall be applied to funds appropriated by this division--
       (1) by substituting ``$7,492,738,000'' for 
     ``$7,442,738,000''; and
       (2) by substituting ``$10,350,000 shall be for the contract 
     tower cost-sharing program and not less than $130,500,000 
     shall be for the contract tower program'' for ``$10,350,000 
     shall be for the contract tower cost-sharing program''.
       (b) Of amounts appropriated for fiscal years before fiscal 
     year 2013 that remain available for obligation as of the date 
     of the enactment of this Act and that are not designated an 
     emergency requirement pursuant to a concurrent resolution on 
     the budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985, the following amounts are rescinded from 
     the following accounts:
       (1) ``Department of Transportation, Federal Aviation 
     Administration, Facilities and Equipment'', $23,861,002.
       (2) ``Department of Transportation, Federal Aviation 
     Administration, Research, Engineering, and Development'', 
     $26,183,998.
                                 ______
                                 
  SA 46. Ms. AYOTTE (for herself and Mrs. Shaheen) submitted an 
amendment intended to be proposed to amendment SA 26 proposed by Ms. 
Mikulski (for herself and Mr. Shelby) to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       At the end of title VIII of division C, insert the 
     following:
       Sec. 8131. (a) Reduction in Amount for Army RDTE for 
     MEADS.--The amount appropriated or otherwise made available 
     by title IV of this division under the heading ``Research, 
     Development, Test, and Evaluation, Army'' is hereby decreased 
     by $380,861,000, with the amount of the reduction to be 
     allocated from amounts available under that heading for the 
     Medium Extended Air Defense System (MEADS).
       (b) Increase in Amount for O&M.--The aggregate amount 
     appropriated by title II of this division for Operation and 
     Maintenance is increased by $380,861,000, with the amount to 
     be allocated among accounts funded by that title in a manner 
     determined appropriate by the Secretary of Defense.
                                 ______
                                 
  SA 47. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       On page 232, line 10, strike ``$4,000,000,000'' and insert 
     ``$8,000,000,000''.
                                 ______
                                 
  SA 48. Mr. REID (for Mr. Lautenberg (for himself, Mr. Menendez, and 
Mrs. Gillibrand)) submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page 3534]]

       Sec. __.  Chapter 9 of the Disaster Relief Appropriations 
     Act, 2013 (division A of Public Law 113-2) is amended, under 
     the heading ``grants to the national railroad passenger 
     corporation'', by striking ``or any other Act''.
                                 ______
                                 
  SA 49. Mr. ALEXANDER (for himself, Mr. McConnell, Mr. Paul, and Mr. 
Corker) submitted an amendment intended to be proposed to amendment SA 
26 proposed by Ms. Mikulski (for herself and Mr. Shelby) to the bill 
H.R. 933, 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; 
which was ordered to lie on the table; as follows:

       On page _, between lines _ and _, insert the following:
       Sec. _____. (a) Notwithstanding any other provision of law 
     (including regulations), no funds made available under this 
     Act or any other Act to the Secretary of the Army, acting 
     through the Chief of Engineers, shall be used to take any 
     action to establish a restricted area prohibiting public 
     access to waters downstream of a dam owned by the Corps of 
     Engineers.
       (b) For purposes of this Act, installing and maintaining 
     sirens, strobe lights, and signage for alerting the public of 
     hazardous water conditions shall not be considered to be an 
     action to establish a restricted area under subsection (a).
       (c)(1) Subject to paragraph (2), this section shall apply 
     to an action described in subsection (a) on or after August 
     1, 2012.
       (2) If the Secretary of the Army, acting through the Chief 
     of Engineers, has taken an action described in subsection (a) 
     during the period beginning on August 1, 2012, and ending on 
     the date of enactment of this Act, the Secretary shall--
       (A) cease implementing the restricted area resulting from 
     the action; and
       (B) remove any barriers constructed in connection with the 
     restricted area.
                                 ______
                                 
  SA 50. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       At the end of title VIII of division C, insert the 
     following:
       Sec. 8131. (a) Reduction in Allocation of Funds for Civil 
     Air Patrol Corporation.--Notwithstanding section 8022--
       (1) the total amount available under that section shall be 
     $27,334,000; and
       (2) the amount of funds provided to that total from 
     ``Operation and Maintenance, Air Force'' shall be 
     $23,904,000; and
       (3) the amount of funds provided to that total from 
     ``Aircraft Procurement, Air Force'' shall be $2,498,000.
       (b) Termination of Allocation of Funds for STARBASE 
     Program.--Notwithstanding any other provision of this 
     division, none of the funds appropriated or otherwise made 
     available by title II of this division under the heading 
     ``Operation and Maintenance, Defense-Wide'' may be used for 
     the STARBASE program.
                                 ______
                                 
  SA 51. Mrs. FEINSTEIN (for herself and Mr. Chambliss) submitted an 
amendment intended to be proposed to amendment SA 26 proposed by Ms. 
Mikulski (for herself and Mr. Shelby) to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       On page 315, between lines 8 and 9, insert the following:
       Sec. 8131.  In fiscal year 2013, for purposes of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177; 99 Stat. 1038) and for purposes of 
     applying general reductions by ``program, project, and 
     activity'', the term ``program, project, and activity'' for 
     the operations and maintenance accounts of the National 
     Intelligence Program appropriated as part of this Act for the 
     Department of Defense shall have the same meaning as that 
     term as applied to the Department of Defense.
                                 ______
                                 
  SA 52. Mr. INHOFE (for himself, Mr. Alexander, Mr. Enzi, and Mr. 
Johanns) submitted an amendment intended to be proposed to amendment SA 
26 proposed by Ms. Mikulski (for herself and Mr. Shelby) to the bill 
H.R. 933, 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; 
which was ordered to lie on the table; as follows:

       In title I of division F, insert after section 1114 the 
     following:
       Sec. 1115.  The United States Government may not allow the 
     sale, lease, transfer, retransfer, or delivery of F-16 
     aircraft, M1 tanks, or certain other defense articles or 
     services to the Government of Egypt until the President 
     certifies to Congress that the Government of Egypt has 
     agreed--
       (1) to continue to uphold its commitments under the Camp 
     David Peace Accords;
       (2) to provide proper security at United States embassies 
     and consulates pursuant to the Vienna Convention on Consular 
     Relations, done at Vienna April 24, 1963; and
       (3) to bring stability to Egypt by ending its systematic 
     exclusion and silencing of all official minority political 
     opposition and taking concrete steps to engage in dialogue 
     with such opposition parties and consider a coalition, power-
     sharing government with such opposition parties.
                                 ______
                                 
  SA 53. Mr. HARKIN (for himself and Mr. Cardin) proposed an amendment 
to amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. 
Shelby) to the bill H.R. 933, 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; as follows:

       At the appropriate place, insert the following:

   DIVISION __--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2013

        The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Departments 
     of Labor, Health and Human Services, and Education, and 
     related agencies for the fiscal year ending September 30, 
     2013, and for other purposes, namely:

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

       For necessary expenses of the Workforce Investment Act of 
     1998 (referred to in this Act as ``WIA''), the Second Chance 
     Act of 2007, and the Women in Apprenticeship and Non-
     Traditional Occupations Act of 1992 (``WANTO Act''), 
     $3,161,808,000, plus reimbursements, shall be available. Of 
     the amounts provided:
       (1) for grants to States for adult employment and training 
     activities, youth activities, and dislocated worker 
     employment and training activities, $2,600,344,000 as 
     follows:
       (A) $769,465,000 for adult employment and training 
     activities, of which $57,465,000 shall be available for the 
     period July 1, 2013, through June 30, 2014, and of which 
     $712,000,000 shall be available for the period October 1, 
     2013 through June 30, 2014;
       (B) $824,353,000 for youth activities, which shall be 
     available for the period April 1, 2013 through June 30, 2014; 
     and
       (C) $1,006,526,000 for dislocated worker employment and 
     training activities, of which $146,526,000 shall be available 
     for the period July 1, 2013 through June 30, 2014, and of 
     which $860,000,000 shall be available for the period October 
     1, 2013 through June 30, 2014:

       Provided, That notwithstanding the transfer limitation 
     under section 133(b)(4) of the WIA, up to 30 percent of such 
     funds may be transferred by a local board if approved by the 
     Governor:  Provided further, That a local board may award a 
     contract to an institution of higher education or other 
     eligible training provider if the local board determines that 
     it would facilitate the training of multiple individuals in 
     high-demand occupations, if such contract does not limit 
     customer choice:  Provided further, That notwithstanding 
     section 128(a)(1) of the WIA, the amount available to the 
     Governor for statewide workforce investment activities shall 
     not exceed 10 percent of the amount allotted to the State 
     from each of the appropriations under the preceding 
     subparagraphs;
       (2) for federally administered programs, $476,226,000 as 
     follows:
       (A) $223,688,000 for the dislocated workers assistance 
     national reserve, of which $23,688,000 shall be available for 
     the period July 1, 2013 through June 30, 2014, and of which 
     $200,000,000 shall be available for the period October 1, 
     2013 through June 30, 2014:

     Provided, That funds provided to carry out section 
     132(a)(2)(A) of the WIA may be used to provide assistance to 
     a State for statewide or local use in order to address cases 
     where there have been worker dislocations across multiple 
     sectors or across multiple local areas and such workers 
     remain dislocated; coordinate the State workforce development 
     plan with emerging economic development needs; and train such 
     eligible dislocated workers:  Provided further, That funds 
     provided to carry out section 171(d) of the WIA may be used 
     for demonstration projects that

[[Page 3535]]

     provide assistance to new entrants in the workforce and 
     incumbent workers:  Provided further, That none of the funds 
     shall be obligated to carry out section 173(e) of the WIA;
       (B) $47,562,000 for Native American programs, which shall 
     be available for the period July 1, 2013 through June 30, 
     2014;
       (C) $84,291,000 for migrant and seasonal farmworker 
     programs under section 167 of the WIA, including $78,104,742 
     for formula grants (of which not less than 70 percent shall 
     be for employment and training services), $5,678,222 for 
     migrant and seasonal housing (of which not less than 70 
     percent shall be for permanent housing), and $508,036 for 
     other discretionary purposes, which shall be available for 
     the period July 1, 2013 through June 30, 2014:  Provided, 
     That notwithstanding any other provision of law or related 
     regulation, the Department of Labor shall take no action 
     limiting the number or proportion of eligible participants 
     receiving related assistance services or discouraging 
     grantees from providing such services;
       (D) $996,000 for carrying out the WANTO Act, which shall be 
     available for the period July 1, 2013 through June 30, 2014;
       (E) $79,689,000 for YouthBuild activities as described in 
     section 173A of the WIA, which shall be available for the 
     period April 1, 2013 through June 30, 2014; and
       (F) $40,000,000 to be available to the Secretary of Labor 
     (referred to in this title as ``Secretary'') for the 
     Workforce Innovation Fund to carry out projects that 
     demonstrate innovative strategies or replicate effective 
     evidence-based strategies that align and strengthen the 
     workforce investment system in order to improve program 
     delivery and education and employment outcomes for 
     beneficiaries, which shall be for the period July 1, 2013 
     through June 30, 2014:  Provided, That amounts shall be 
     available for awards to States or State agencies that are 
     eligible for assistance under any program authorized under 
     the WIA, consortia of States, or partnerships, including 
     regional partnerships:  Provided further, That not more than 
     5 percent of the funds available for workforce innovation 
     activities shall be for technical assistance and evaluations 
     related to the projects carried out with these funds:  
     Provided further, That not more than $10,000,000 of the funds 
     provided for the Workforce Innovation Fund may be used for 
     performance-based awards or other agreements under the Pay 
     for Success program:  Provided further, That, with respect to 
     the previous proviso, any funds obligated for such projects 
     or agreements shall remain available for disbursement until 
     expended, notwithstanding 31 U.S.C. 1552(a), and that any 
     funds deobligated from such projects or agreements shall 
     immediately be available for Workforce Innovation Fund 
     activities;
       (3) for national activities, $85,238,000, as follows:
       (A) $80,238,000 for ex-offender activities, under the 
     authority of section 171 of the WIA and section 212 of the 
     Second Chance Act of 2007, which shall be available for the 
     period April 1, 2013 through June 30, 2014, notwithstanding 
     the requirements of section 171(b)(2)(B) or 171(c)(4)(D) of 
     the WIA:  Provided, That of this amount, $20,000,000 shall be 
     for competitive grants to national and regional 
     intermediaries for activities that prepare young ex-offenders 
     and school dropouts for employment, with a priority for 
     projects serving high-crime, high-poverty areas; and
       (B) $5,000,000 for the Workforce Data Quality Initiative, 
     under the authority of section 171(c)(2) of the WIA, which 
     shall be available for the period July 1, 2013 through June 
     30, 2014, and which shall not be subject to the requirements 
     of section 171(c)(4)(D).

                          office of job corps

                     (including transfer of funds)

       To carry out subtitle C of title I of the WIA, including 
     Federal administrative expenses, the purchase and hire of 
     passenger motor vehicles, the construction, alteration, and 
     repairs of buildings and other facilities, and the purchase 
     of real property for training centers as authorized by the 
     WIA, $1,683,132,000, plus reimbursements, as follows:
       (1) $1,574,000,000 for Job Corps Operations, which shall be 
     available for the period July 1, 2013 through June 30, 2014:  
     Provided, That of the funds available to the Department of 
     Labor, Employment and Training Administration in this Act or 
     any other Act making appropriations that remain unobligated 
     as of the date of enactment of this Act, up to $30,000,000 
     may be transferred to ``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 further, That not less 
     than $10,000,000 shall be transferred within 30 days of 
     enactment of this Act 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 the two preceding provisos, the Secretary 
     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, the specific programs, 
     projects, or activities for which such funds will be used, 
     provides a detailed explanation of the need for such 
     transfer, and itemizes the cost saving measures implemented 
     by the Office of Job Corps during program years 2012 and 2013 
     and the savings gained by implementing each initiative;
       (2) $80,000,000 for construction, rehabilitation and 
     acquisition of Job Corps Centers, which shall be available 
     for the period July 1, 2013 through June 30, 2016:  Provided, 
     That the Secretary may transfer up to 15 percent of such 
     funds to meet the operational needs of such centers or to 
     achieve administrative efficiencies:  Provided further, That 
     any funds transferred pursuant to the preceding proviso shall 
     not be available for obligation after June 30, 2014; and
       (3) $29,132,000 for necessary expenses of the Office of Job 
     Corps, which shall be available for obligation for the period 
     October 1, 2012 through September 30, 2013:

        Provided further, That no funds from any other 
     appropriation shall be used to provide meal services at or 
     for Job Corps centers.

            community service employment for older americans

       To carry out title V of the Older Americans Act of 1965 
     (referred to in this Act as ``OAA''), $448,251,000, which 
     shall be available for the period July 1, 2013 through June 
     30, 2014, and may be recaptured and reobligated in accordance 
     with section 517(c) of the OAA.

              federal unemployment benefits and allowances

       For payments during fiscal year 2013 of trade adjustment 
     benefit payments and allowances under part I of subchapter B 
     of chapter 2 of title II of the Trade Act of 1974, and 
     section 246 of that Act; and for training, employment and 
     case management services, allowances for job search and 
     relocation, and related State administrative expenses under 
     part II of subchapter B of chapter 2 of title II of the Trade 
     Act of 1974, including benefit payments, allowances, 
     training, employment and case management services, and 
     related State administration provided pursuant to section 
     231(a) of the Trade Adjustment Assistance Extension Act of 
     2011, $1,421,000,000, together with such amounts as may be 
     necessary to be charged to the subsequent appropriation for 
     payments for any period subsequent to September 15, 2013.

     state unemployment insurance and employment service operations

       For authorized administrative expenses, $86,068,000, 
     together with not to exceed $3,770,718,000 which may be 
     expended from the Employment Security Administration Account 
     in the Unemployment Trust Fund (``the Trust Fund''), of 
     which:
       (1) $2,979,912,000 from the Trust Fund is for grants to 
     States for the administration of State unemployment insurance 
     laws as authorized under title III of the Social Security Act 
     (including not less than $60,000,000 to conduct in-person 
     reemployment and eligibility assessments and unemployment 
     insurance improper payment reviews), the administration of 
     unemployment insurance for Federal employees and for ex-
     service members as authorized under 5 U.S.C. 8501-8523, and 
     the administration of trade readjustment allowances, 
     reemployment trade adjustment assistance, and alternative 
     trade adjustment assistance under the Trade Act of 1974 and 
     under section 231(a) of the Trade Adjustment Assistance 
     Extension Act of 2011, and shall be available for obligation 
     by the States through December 31, 2013, except that funds 
     used for automation acquisitions or competitive grants 
     awarded to States for improved operations, reemployment and 
     eligibility assessments and improper payments, or activities 
     to address misclassification of workers shall be available 
     for obligation by the States through September 30, 2015, and 
     funds used for unemployment insurance workloads experienced 
     by the States through September 30, 2013 shall be available 
     for Federal obligation through December 31, 2013;
       (2) $11,297,000 from the Trust Fund is for national 
     activities necessary to support the administration of the 
     Federal-State unemployment insurance system;
       (3) $693,204,000 from the Trust Fund, together with 
     $22,595,000 from the General Fund of the Treasury, is for 
     grants to States in accordance with section 6 of the Wagner-
     Peyser Act, of which not less than $15,000,000 shall be used 
     to provide reemployment services to beneficiaries of 
     unemployment insurance, and shall be available for Federal 
     obligation for the period July 1, 2013 through June 30, 2014;
       (4) $20,912,000 from the Trust Fund is for national 
     activities of the Employment Service, including 
     administration of the work opportunity tax credit under 
     section 51 of the Internal Revenue Code of 1986, and the 
     provision of technical assistance and staff training under 
     the Wagner-Peyser Act, including not to exceed $1,228,000 
     that may be used for amortization payments to States which 
     had independent retirement plans in their State employment 
     service agencies prior to 1980;
       (5) $65,393,000 from the Trust Fund is for the 
     administration of foreign labor certifications and related 
     activities under the Immigration and Nationality Act and 
     related laws, of which $50,323,000 shall be available for the 
     Federal administration of such activities, and $15,070,000 
     shall be available for grants to States for the 
     administration of such activities; and
       (6) $63,473,000 from the General Fund is to provide 
     workforce information, national

[[Page 3536]]

     electronic tools, and one-stop system building under the 
     Wagner-Peyser Act and section 171(e)(2)(C) of the WIA and 
     shall be available for Federal obligation for the period July 
     1, 2013 through June 30, 2014:

      Provided, That to the extent that the Average Weekly Insured 
     Unemployment (``AWIU'') for fiscal year 2013 is projected by 
     the Department of Labor to exceed 3,908,000, an additional 
     $28,600,000 from the Trust Fund shall be available for 
     obligation for every 100,000 increase in the AWIU level 
     (including a pro rata amount for any increment less than 
     100,000) to carry out title III of the Social Security Act:  
     Provided further, That funds appropriated in this Act that 
     are allotted to a State to carry out activities under title 
     III of the Social Security Act may be used by such State to 
     assist other States in carrying out activities under such 
     title III if the other States include areas that have 
     suffered a major disaster declared by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act:  Provided further, That the Secretary may use funds 
     appropriated for grants to States under title III of the 
     Social Security Act to make payments on behalf of States for 
     the use of the National Directory of New Hires under section 
     453(j)(8) of such Act:  Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center system, or which are used to 
     support the national activities of the Federal-State 
     unemployment insurance or immigration programs, may be 
     obligated in contracts, grants, or agreements with non-State 
     entities:  Provided further, That funds appropriated under 
     this Act for activities authorized under title III of the 
     Social Security Act and the Wagner-Peyser Act may be used by 
     States to fund integrated Unemployment Insurance and 
     Employment Service automation efforts, notwithstanding cost 
     allocation principles prescribed under the Office of 
     Management and Budget Circular A-87:  Provided further, That 
     the Secretary, at the request of a State participating in a 
     consortium with other States, may reallot funds allotted to 
     such State under title III of the Social Security Act to 
     other States participating in the consortium in order to 
     carry out activities that benefit the administration of the 
     unemployment compensation law of the State making the 
     request:  Provided further, That the Secretary may, during 
     the fiscal year ending September 30, 2013, collect and retain 
     fees for the costs associated with additional data 
     collection, analyses, and reporting services relating to the 
     National Agricultural Workers Survey requested by State and 
     local governments, public and private institutions of higher 
     education, and non-profit organizations and may utilize such 
     sums, in accordance with the provisions of 29 U.S.C. 9a, for 
     the National Agricultural Workers Survey infrastructure, 
     methodology, and data to meet the information collection and 
     reporting needs of such entities and shall credit such fees 
     to this account, which shall be available for obligation 
     through September 30, 2014, for such purposes.
        In addition, $15,000,000 from the Employment Security 
     Administration Account of the Unemployment Trust Fund shall 
     be available to conduct in-person reemployment and 
     eligibility assessments and unemployment insurance improper 
     payment reviews.

        advances to the unemployment trust fund and other funds

       For repayable advances to the Unemployment Trust Fund as 
     authorized by sections 905(d) and 1203 of the Social Security 
     Act, and to the Black Lung Disability Trust Fund as 
     authorized by section 9501(c)(1) of the Internal Revenue Code 
     of 1986; and for nonrepayable advances to the Unemployment 
     Trust Fund as authorized by 5 U.S.C. 8509, and to the 
     ``Federal Unemployment Benefits and Allowances'' account, 
     such sums as may be necessary, which shall be available for 
     obligation through September 30, 2014.

                         program administration

       For expenses of administering employment and training 
     programs, $97,137,000, together with not to exceed 
     $49,944,000 which may be expended from the Employment 
     Security Administration Account in the Unemployment Trust 
     Fund.

               Employee Benefits Security Administration

                         salaries and expenses

       For necessary expenses for the Employee Benefits Security 
     Administration, $183,153,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

       The Pension Benefit Guaranty Corporation (``Corporation'') 
     is authorized to make such expenditures, including financial 
     assistance authorized by subtitle E of title IV of the 
     Employee Retirement Income Security Act of 1974, within 
     limits of funds and borrowing authority available to the 
     Corporation, and in accord with law, and to make such 
     contracts and commitments without regard to fiscal year 
     limitations, as provided by 31 U.S.C. 9104, as may be 
     necessary in carrying out the program, including associated 
     administrative expenses, through September 30, 2013, for the 
     Corporation:  Provided, That none of the funds available to 
     the Corporation for fiscal year 2013 shall be available for 
     obligations for administrative expenses in excess of 
     $479,013,000:  Provided further, That to the extent that the 
     number of new plan participants in plans terminated by the 
     Corporation exceeds 100,000 in fiscal year 2013, an amount 
     not to exceed an additional $9,200,000 shall be available 
     through September 30, 2014, for obligation for administrative 
     expenses for every 20,000 additional terminated participants: 
      Provided further, That an additional $50,000 shall be made 
     available through September 30, 2014, for obligation for 
     investment management fees for every $25,000,000 in assets 
     received by the Corporation as a result of new plan 
     terminations or asset growth, after approval by the Office of 
     Management and Budget and notification of the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided further, That obligations in excess of the 
     amounts provided in this paragraph may be incurred for 
     unforeseen and extraordinary pretermination expenses or 
     extraordinary multiemployer program related expenses after 
     approval by the Office of Management and Budget and 
     notification of the Committees on Appropriations of the House 
     of Representatives and the Senate.

                         Wage and Hour Division

                         salaries and expenses

       For necessary expenses for the Wage and Hour Division, 
     including reimbursement to State, Federal, and local agencies 
     and their employees for inspection services rendered, 
     $235,730,000.

                  Office of Labor-Management Standards

                         salaries and expenses

       For necessary expenses for the Office of Labor-Management 
     Standards, $41,289,000.

             Office of Federal Contract Compliance Programs

                         salaries and expenses

       For necessary expenses for the Office of Federal Contract 
     Compliance Programs, $105,187,000.

                Office of Workers' Compensation Programs

                         salaries and expenses

       For necessary expenses for the Office of Workers' 
     Compensation Programs, $115,720,000, together with $2,120,000 
     which may be expended from the Special Fund in accordance 
     with sections 39(c), 44(d), and 44(j) of the Longshore and 
     Harbor Workers' Compensation Act.

                            special benefits

                     (including transfer of funds)

       For the payment of compensation, benefits, and expenses 
     (except administrative expenses) accruing during the current 
     or any prior fiscal year authorized by 5 U.S.C. 81; 
     continuation of benefits as provided for under the heading 
     ``Civilian War Benefits'' in the Federal Security Agency 
     Appropriation Act, 1947; the Employees' Compensation 
     Commission Appropriation Act, 1944; sections 4(c) and 5(f) of 
     the War Claims Act of 1948; and 50 percent of the additional 
     compensation and benefits required by section 10(h) of the 
     Longshore and Harbor Workers' Compensation Act, $396,000,000, 
     together with such amounts as may be necessary to be charged 
     to the subsequent year appropriation for the payment of 
     compensation and other benefits for any period subsequent to 
     August 15 of the current year:  Provided, That amounts 
     appropriated may be used under 5 U.S.C. 8104 by the Secretary 
     to reimburse an employer, who is not the employer at the time 
     of injury, for portions of the salary of a re-employed, 
     disabled beneficiary:  Provided further, That balances of 
     reimbursements unobligated on September 30, 2012, shall 
     remain available until expended for the payment of 
     compensation, benefits, and expenses:  Provided further, That 
     in addition there shall be transferred to this appropriation 
     from the Postal Service and from any other corporation or 
     instrumentality required under 5 U.S.C. 8147(c) to pay an 
     amount for its fair share of the cost of administration, such 
     sums as the Secretary determines to be the cost of 
     administration for employees of such fair share entities 
     through September 30, 2013:  Provided further, That of those 
     funds transferred to this account from the fair share 
     entities to pay the cost of administration of the Federal 
     Employees' Compensation Act, $58,544,000 shall be made 
     available to the Secretary as follows:
       (1) For enhancement and maintenance of automated data 
     processing systems and telecommunications systems, 
     $23,166,000;
       (2) For automated workload processing operations, including 
     document imaging, centralized mail intake, and medical bill 
     processing, $20,517,000;
       (3) For periodic roll management and medical review, 
     $14,861,000; and
       (4) The remaining funds shall be paid into the Treasury as 
     miscellaneous receipts:

       Provided further, That the Secretary may require that any 
     person filing a notice of injury or a claim for benefits 
     under 5 U.S.C. 81, or the Longshore and Harbor Workers' 
     Compensation Act, provide as part of such notice and claim, 
     such identifying information (including Social Security 
     account number) as such regulations may prescribe.

               special benefits for disabled coal miners

       For carrying out title IV of the Federal Mine Safety and 
     Health Act of 1977, as

[[Page 3537]]

     amended by Public Law 107-275, $123,220,000, to remain 
     available until expended.
       For making after July 31 of the current fiscal year, 
     benefit payments to individuals under title IV of such Act, 
     for costs incurred in the current fiscal year, such amounts 
     as may be necessary.
       For making benefit payments under title IV for the first 
     quarter of fiscal year 2014, $35,000,000, to remain available 
     until expended.

    administrative expenses, energy employees occupational illness 
                           compensation fund

       For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Program Act, $54,962,000, 
     to remain available until expended:  Provided, That the 
     Secretary may require that any person filing a claim for 
     benefits under the Act provide as part of such claim such 
     identifying information (including Social Security account 
     number) as may be prescribed.

                    black lung disability trust fund

                     (including transfer of funds)

       Such sums as may be necessary from the Black Lung 
     Disability Trust Fund (``Fund''), to remain available until 
     expended, for payment of all benefits authorized by section 
     9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 
     1986; and repayment of, and payment of interest on advances, 
     as authorized by section 9501(d)(4) of that Act. In addition, 
     the following amounts may be expended from the Fund for 
     fiscal year 2013 for expenses of operation and administration 
     of the Black Lung Benefits program, as authorized by section 
     9501(d)(5): not to exceed $32,906,000 for transfer to the 
     Office of Workers' Compensation Programs, ``Salaries and 
     Expenses''; not to exceed $25,217,000 for transfer to 
     Departmental Management, ``Salaries and Expenses''; not to 
     exceed $327,000 for transfer to Departmental Management, 
     ``Office of Inspector General''; and not to exceed $356,000 
     for payments into miscellaneous receipts for the expenses of 
     the Department of the Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

       For necessary expenses for the Occupational Safety and 
     Health Administration, $569,771,000, including not to exceed 
     $104,196,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act (``Act''), which grants shall be no 
     less than 50 percent of the costs of State occupational 
     safety and health programs required to be incurred under 
     plans approved by the Secretary under section 18 of the Act; 
     and, in addition, notwithstanding 31 U.S.C. 3302, the 
     Occupational Safety and Health Administration may retain up 
     to $200,000 per fiscal year of training institute course 
     tuition fees, otherwise authorized by law to be collected, 
     and may utilize such sums for occupational safety and health 
     training and education:  Provided, That notwithstanding 31 
     U.S.C. 3302, the Secretary is authorized, during the fiscal 
     year ending September 30, 2013, to collect and retain fees 
     for services provided to Nationally Recognized Testing 
     Laboratories, and may utilize such sums, in accordance with 
     the provisions of 29 U.S.C. 9a, to administer national and 
     international laboratory recognition programs that ensure the 
     safety of equipment and products used by workers in the 
     workplace:  Provided further, That none of the funds 
     appropriated under this paragraph shall be obligated or 
     expended to prescribe, issue, administer, or enforce any 
     standard, rule, regulation, or order under the Act which is 
     applicable to any person who is engaged in a farming 
     operation which does not maintain a temporary labor camp and 
     employs 10 or fewer employees:  Provided further, That no 
     funds appropriated under this paragraph shall be obligated or 
     expended to administer or enforce any standard, rule, 
     regulation, or order under the Act with respect to any 
     employer of 10 or fewer employees who is included within a 
     category having a Days Away, Restricted, or Transferred 
     (DART) occupational injury and illness rate, at the most 
     precise industrial classification code for which such data 
     are published, less than the national average rate as such 
     rates are most recently published by the Secretary, acting 
     through the Bureau of Labor Statistics, in accordance with 
     section 24 of the Act, except--
       (1) to provide, as authorized by the Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by the Act with respect 
     to imminent dangers;
       (4) to take any action authorized by the Act with respect 
     to health hazards;
       (5) to take any action authorized by the Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by the Act; and
       (6) to take any action authorized by the Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under the Act:
       Provided further, That the foregoing proviso shall not 
     apply to any person who is engaged in a farming operation 
     which does not maintain a temporary labor camp and employs 10 
     or fewer employees:  Provided further, That $10,709,000 shall 
     be available for Susan Harwood training grants.

                 Mine Safety and Health Administration

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses for the Mine Safety and Health 
     Administration, $373,692,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles, 
     including up to $2,000,000 for mine rescue and recovery 
     activities; in addition, not to exceed $750,000 may be 
     collected by the National Mine Health and Safety Academy for 
     room, board, tuition, and the sale of training materials, 
     otherwise authorized by law to be collected, to be available 
     for mine safety and health education and training activities, 
     notwithstanding 31 U.S.C. 3302; in addition, the Mine Safety 
     and Health Administration is authorized to collect and retain 
     up to $2,499,000 from fees collected for the approval and 
     certification of equipment, materials, and explosives for use 
     in mines, and may utilize such sums for such activities, 
     notwithstanding 31 U.S.C. 3302; in addition, the Mine Safety 
     and Health Administration is authorized to collect and retain 
     fees for services related to the analysis of rock dust 
     samples, and may utilize such sums to administer such 
     activities, notwithstanding 31 U.S.C. 3302; the Secretary may 
     transfer from amounts provided under this heading up to 
     $2,000,000 to ``Departmental Management'' for activities 
     related to the Office of the Solicitor's caseload before the 
     Federal Mine Safety and Health Review Commission; the 
     Secretary is authorized to accept lands, buildings, 
     equipment, and other contributions from public and private 
     sources and to prosecute projects in cooperation with other 
     agencies, Federal, State, or private; the Mine Safety and 
     Health Administration is authorized to promote health and 
     safety education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations; the Secretary is authorized to recognize the 
     Joseph A. Holmes Safety Association as a principal safety 
     association and, notwithstanding any other provision of law, 
     may provide funds and, with or without reimbursement, 
     personnel, including service of Mine Safety and Health 
     Administration officials as officers in local chapters or in 
     the national organization; any funds available to the 
     Department of Labor may be used, with the approval of the 
     Secretary, to provide for the costs of mine rescue and 
     survival operations in the event of a major disaster; and the 
     Secretary may reallocate among the items funded under this 
     heading up to $3,000,000 to support inspections or 
     investigations pursuant to section 103 of the Federal Mine 
     Safety and Health Act of 1977.

                       Bureau of Labor Statistics

                         salaries and expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $551,867,000, together with not to exceed $67,176,000 which 
     may be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund, of which $1,500,000 
     may be used to fund the mass layoff statistics program under 
     section 15 of the Wagner-Peyser Act.

                 Office of Disability Employment Policy

                         salaries and expenses

       For necessary expenses for the Office of Disability 
     Employment Policy to provide leadership, develop policy and 
     initiatives, and award grants furthering the objective of 
     eliminating barriers to the training and employment of people 
     with disabilities, $38,953,000.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses for Departmental Management, 
     including the hire of three passenger motor vehicles, 
     $347,735,000, together with not to exceed $326,000, which may 
     be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund:  Provided, That 
     $66,500,000 for the Bureau of International Labor Affairs 
     shall be available for obligation through December 31, 2013:  
     Provided further, That funds available to the Bureau of 
     International Labor Affairs may be used to administer or 
     operate international labor activities, bilateral and 
     multilateral technical assistance, and microfinance programs, 
     by or through contracts, grants, subgrants and other 
     arrangements:  Provided further, That not less than 
     $40,000,000 shall be for programs to combat exploitative 
     child labor internationally:  Provided further, That not less 
     than $6,500,000 shall be used to implement model programs 
     that address worker rights issues through technical 
     assistance in countries with which

[[Page 3538]]

     the United States has free trade agreements or trade 
     preference programs:  Provided further, That $8,484,000 shall 
     be used for program evaluation and shall be available for 
     obligation through September 30, 2014:  Provided further, 
     That funds available for program evaluation may be 
     transferred to any other appropriate account in the 
     Department for such purpose:  Provided further, That the 
     funds available to the Women's Bureau may be used for grants 
     to serve and promote the interests of women in the workforce.

                    veterans employment and training

       Not to exceed $224,569,000 may be derived from the 
     Employment Security Administration Account in the 
     Unemployment Trust Fund to carry out the provisions of 38 
     U.S.C. 4100-4113, 4211-4215, and 4321-4327, and Public Law 
     103-353, and which shall be available for obligation by the 
     States through December 31, 2013, of which $3,414,000 is for 
     the National Veterans' Employment and Training Services 
     Institute.
       In addition, to carry out Department of Labor programs 
     under section 5(a)(1) of the Homeless Veterans Comprehensive 
     Assistance Act of 2001, $38,185,000.

                  information technology modernization

       For necessary expenses for Department of Labor centralized 
     infrastructure technology investment activities related to 
     support systems and modernization, $19,815,000.

                      office of inspector general

       For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, $77,790,000, together with not to exceed 
     $5,898,000 which may be expended from the Employment Security 
     Administration Account in the Unemployment Trust Fund.

                           General Provisions

       Sec. 101.  None of the funds appropriated by this Act for 
     the Job Corps shall be used to pay the salary and bonuses of 
     an individual, either as direct costs or any proration as an 
     indirect cost, at a rate in excess of Executive Level II.

                          (transfer of funds)

       Sec. 102.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the current 
     fiscal year for the Department of Labor in this Act may be 
     transferred between a program, project, or activity, but no 
     such program, project, or activity shall be increased by more 
     than 3 percent by any such transfer:  Provided, That the 
     transfer authority granted by this section shall not be used 
     to create any new program or to fund any project or activity 
     for which no funds are provided in this Act:  Provided 
     further, That the Committees on Appropriations of the House 
     of Representatives and the Senate are notified at least 15 
     days in advance of any transfer.
       Sec. 103.  In accordance with Executive Order No. 13126, 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act shall be obligated or expended for the 
     procurement of goods mined, produced, manufactured, or 
     harvested or services rendered, in whole or in part, by 
     forced or indentured child labor in industries and host 
     countries already identified by the United States Department 
     of Labor prior to enactment of this Act.
       Sec. 104.  None of the funds made available to the 
     Department of Labor for grants under section 414(c) of the 
     American Competitiveness and Workforce Improvement Act of 
     1998 may be used for any purpose other than competitive 
     grants for training in the occupations and industries for 
     which employers are using H-1B visas to hire foreign workers, 
     and the related activities necessary to support such 
     training.
       Sec. 105.  None of the funds made available by this Act 
     under the heading ``Employment and Training Administration'' 
     shall be used by a recipient or subrecipient of such funds to 
     pay the salary and bonuses of an individual, either as direct 
     costs or indirect costs, at a rate in excess of Executive 
     Level II. This limitation shall not apply to vendors 
     providing goods and services as defined in Office of 
     Management and Budget Circular A-133. Where States are 
     recipients of such funds, States may establish a lower limit 
     for salaries and bonuses of those receiving salaries and 
     bonuses from subrecipients of such funds, taking into account 
     factors including the relative cost-of-living in the State, 
     the compensation levels for comparable State or local 
     government employees, and the size of the organizations that 
     administer Federal programs involved including Employment and 
     Training Administration programs. Notwithstanding this 
     section, the limitation on salaries for the Job Corps shall 
     continue to be governed by section 101.
       Sec. 106.  The Secretary shall take no action to amend, 
     through regulatory or administration action, the definition 
     established in section 667.220 of title 20 of the Code of 
     Federal Regulations for functions and activities under title 
     I of WIA, or to modify, through regulatory or administrative 
     action, the procedure for redesignation of local areas as 
     specified in subtitle B of title I of that Act (including 
     applying the standards specified in section 116(a)(3)(B) of 
     that Act, but notwithstanding the time limits specified in 
     section 116(a)(3)(B) of that Act), until such time as 
     legislation reauthorizing the Act is enacted. Nothing in the 
     preceding sentence shall permit or require the Secretary to 
     withdraw approval for such redesignation from a State that 
     received the approval not later than October 12, 2005, or to 
     revise action taken or modify the redesignation procedure 
     being used by the Secretary in order to complete such 
     redesignation for a State that initiated the process of such 
     redesignation by submitting any request for such 
     redesignation not later than October 26, 2005.

                     (including transfer of funds)

       Sec. 107.  Notwithstanding section 102, the Secretary may 
     transfer funds made available to the Employment and Training 
     Administration by this Act, either directly or through a set-
     aside, for technical assistance services to grantees to 
     ``Program Administration'' when it is determined that those 
     services will be more efficiently performed by Federal 
     employees.

                     (including transfer of funds)

       Sec. 108. (a) The Secretary may reserve not more than 0.5 
     percent from each appropriation made available in this Act 
     identified in subsection (b) in order to carry out 
     evaluations of any of the programs or activities that are 
     funded under such accounts. Any funds reserved under this 
     section shall be transferred to ``Departmental Management'' 
     for use by the Office of the Chief Evaluation Officer within 
     the Department of Labor, and shall be available for 
     obligation through September 30, 2014:  Provided, That such 
     funds shall only be available if the Chief Evaluation Officer 
     of the Department of Labor submits a plan to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate describing the evaluations to be carried out 15 days 
     in advance of any transfer.
       (b) The accounts referred to in subsection (a) are: 
     ``Training and Employment Services'', ``Office of Job 
     Corps'', ``State Unemployment Insurance and Employment 
     Service Operations'', ``Employee Benefits Security 
     Administration'', ``Office of Workers' Compensation 
     Programs'', ``Wage and Hour Division'', ``Office of Federal 
     Contract Compliance Programs'', ``Office of Labor-Management 
     Standards'', ``Occupational Safety and Health 
     Administration'', ``Mine Safety and Health Administration'', 
     and ``Veterans Employment and Training''.
       Sec. 109.  None of the funds made available by this Act may 
     be used to promulgate the Definition of ``Fiduciary'' 
     regulation (Regulatory Identification Number 1210-AB32) 
     published by the Employee Benefits Security Administration of 
     the Department of Labor on October 22, 2010 (75 Fed. Reg. 
     65263).
       Sec. 110. (a) None of the amounts made available under this 
     Act may be used to promulgate, administer, enforce, or 
     otherwise implement the final rule entitled ``Temporary Non-
     Agricultural Employment of H-2B Aliens in the United States'' 
     published by the Department of Labor on February 21, 2012 (77 
     Fed. Reg. 10038).
       (b) None of the amounts made available under this Act may 
     be used to promulgate, administer, enforce, or otherwise 
     implement the final rule entitled ``Wage Methodology for the 
     Temporary Non-Agricultural Employment H-2B Program'' 
     published by the Department of Labor on January 19, 2011 (76 
     Fed. Reg. 3452).
       Sec. 111.  None of the funds made available by this Act may 
     be used by the Secretary to administer or enforce 29 CFR 
     779.372(c)(4).

                              (rescission)

       Sec. 112.  Of the unobligated balances available under the 
     heading ``Departmental Management, Working Capital Fund'', 
     $10,337,000 is rescinded:  Provided, That no funds may be 
     rescinded from amounts previously designated by the Congress 
     as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       Sec. 113.  Of the funds appropriated under section 272(b) 
     of the Trade Act of 1974 for each of fiscal years 2013 and 
     2014, the Secretary may not reserve more than 3 percent of 
     such funds to conduct evaluations and provide technical 
     assistance relating to the activities carried out under 
     section 271 of such Act, including activities carried out 
     under such section supported by the appropriations provided 
     for fiscal years 2011 and 2012.

              transfer of comptroller general authorities

       Sec. 114. (a) Authority of Comptroller General To Pay Wages 
     and List Contractors Violating Contracts.--40 U.S.C. 3144, is 
     amended--
       (1) in the title, by striking ``of Comptroller General''; 
     and
       (2) in subsection (a)(1), by striking ``The Comptroller 
     General'' and inserting ``The Secretary of Labor''.
       (b) Report of Violations and Withholding of Amounts for 
     Unpaid Wages and Liquidated Damages.--40 U.S.C. 3703, is 
     amended in subsection (b)(3), by--
       (1) striking ``The Comptroller General'' in the first 
     sentence and inserting ``The Secretary of Labor''; and
       (2) striking ``the Comptroller General'' in the second 
     sentence and inserting ``the Secretary of Labor''.
        This title may be cited as the ``Department of Labor 
     Appropriations Act, 2013''.

[[Page 3539]]



                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                          primary health care

       For carrying out titles II and III of the Public Health 
     Service Act (referred to in this Act as the ``PHS Act'') with 
     respect to primary health care and the Native Hawaiian Health 
     Care Act of 1988, $1,585,064,000, of which $127,000 shall be 
     available until expended for facilities renovations at the 
     Gillis W. Long Hansen's Disease Center:  Provided, That no 
     more than $40,000 shall be available until expended for 
     carrying out the provisions of section 224(o) of the PHS Act, 
     including associated administrative expenses and relevant 
     evaluations:  Provided further, That no more than $95,073,000 
     shall be available until expended for carrying out the 
     provisions of Public Law 104-73 and for expenses incurred by 
     the Department of Health and Human Services (referred to in 
     this Act as ``HHS'') pertaining to administrative claims made 
     under such law:  Provided further, That all funds provided 
     for the Health Centers program, as defined by section 330 of 
     the PHS Act, by this Act or any other Act for fiscal year 
     2013 shall be obligated by the Secretary of Health and Human 
     Services (referred to in this title as ``Secretary'') by 
     September 30, 2013, of which $48,000,000 shall be awarded for 
     base grant adjustments to address the increased costs of care 
     and implement quality improvement activities.

                            health workforce

       For carrying out titles III, VII, and VIII of the PHS Act 
     with respect to the health workforce, section 1128E of the 
     Social Security Act, section 301 of the Health Professions 
     Education Extension Amendments of 1992, and the Health Care 
     Quality Improvement Act of 1986, $746,529,000:  Provided, 
     That section 301(k) of Public Law 102-408, sections 
     747(c)(2), 751(j)(2), and the proportional funding amounts in 
     paragraphs (1) through (4) of section 756(e) of the PHS Act 
     shall not apply to funds made available under this heading:  
     Provided further, That for any program operating under 
     section 751 of the PHS Act on or before January 1, 2009, the 
     Secretary may waive any of the requirements contained in 
     sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for fiscal 
     year 2013 and fiscal years thereafter:  Provided further, 
     That no funds shall be available for section 340G-1 of the 
     PHS Act:  Provided further, That in addition to fees 
     authorized by section 427(b) of the Health Care Quality 
     Improvement Act of 1986, fees shall be collected for the full 
     disclosure of information under such Act sufficient to 
     recover the full costs of operating the National Practitioner 
     Data Bank and shall remain available until expended to carry 
     out that Act:  Provided further, That fees collected for the 
     full disclosure of information under the ``Health Care Fraud 
     and Abuse Data Collection Program'', authorized by section 
     1128E(d)(2) of the Social Security Act, shall be sufficient 
     to recover the full costs of operating the program, and shall 
     remain available until expended to carry out that Act:  
     Provided further, That fees collected for the disclosure of 
     information under the information reporting requirement 
     program authorized by section 1921 of the Social Security Act 
     shall be sufficient to recover the full costs of operating 
     the program and shall remain available until expended to 
     carry out that Act:  Provided further, That funds transferred 
     to this account to carry out section 846 and subpart 3 of 
     part D of title III of the PHS Act may be used to make prior 
     year adjustments to awards made under such sections.

                       maternal and child health

       For carrying out titles III, XI, XII, and XIX of the PHS 
     Act with respect to maternal and child health, title V of the 
     Social Security Act, and section 712 of the American Jobs 
     Creation Act of 2004, $856,807,000:  Provided, That 
     notwithstanding sections 502(a)(1) and 502(b)(1) of the 
     Social Security Act, not more than $78,641,000 shall be 
     available for carrying out special projects of regional and 
     national significance pursuant to section 501(a)(2) of such 
     Act and $10,276,000 shall be available for projects described 
     in paragraphs (A) through (F) of section 501(a)(3) of such 
     Act.

                      ryan white hiv/aids program

       For carrying out title XXVI of the PHS Act with respect to 
     the Ryan White HIV/AIDS program, $2,397,178,000, of which 
     $2,056,898,000 shall remain available to the Secretary 
     through September 30, 2015, for parts A and B of title XXVI 
     of the PHS Act, and of which not less than $963,299,000 shall 
     be for State AIDS Drug Assistance Programs under the 
     authority of section 2616 or 311(c) of such Act:  Provided, 
     That in addition to amounts provided herein, $25,000,000 
     shall be available from amounts available under section 241 
     of the PHS Act to carry out parts A, B, C, and D of title 
     XXVI of the PHS Act to fund Special Projects of National 
     Significance under section 2691:  Provided further, That 
     notwithstanding section 2610(c) of the PHS Act, no funds 
     shall be transferred or reprogrammed from part A to part B of 
     title XXVI of the PHS Act as a result of an entity having 
     lost transitional grant area status in any fiscal year prior 
     to fiscal year 2013:  Provided further, That within the funds 
     provided for part B, the amount required by section 
     2610(c)(2)(B)(ii)(I)(cc) shall be awarded to each State 
     containing a metropolitan area that lost transitional status 
     in a fiscal year prior to fiscal year 2013.

                          health care systems

       For carrying out titles III and XII of the PHS Act with 
     respect to health care systems, and the Stem Cell Therapeutic 
     and Research Act of 2005, $82,534,000:  Provided, That the 
     Secretary may collect a fee of 0.1 percent of each purchase 
     of 340B drugs from entities participating in the Drug Pricing 
     Program pursuant to section 340B of the PHS Act to pay for 
     the operating costs of such program:  Provided further, That 
     fees pursuant to the 340B Drug Pricing Program shall be 
     collected by manufacturers at the time of sale, and shall be 
     credited to this account, to remain available until expended.

                              rural health

       For carrying out titles III and IV of the PHS Act with 
     respect to rural health, section 427(a) of the Federal Coal 
     Mine Health and Safety Act, the Cardiac Arrest Survival Act 
     of 2000, and sections 711 and 1820 of the Social Security 
     Act, $140,072,000, of which $41,040,000 from general 
     revenues, notwithstanding section 1820(j) of the Social 
     Security Act, shall be available for carrying out the 
     Medicare rural hospital flexibility grants program:  
     Provided, That of the funds made available under this heading 
     for Medicare rural hospital flexibility grants, $15,000,000 
     shall be available for the Small Rural Hospital Improvement 
     Grant Program for quality improvement and adoption of health 
     information technology and up to $1,000,000 shall be to carry 
     out section 1820(g)(6) of the Social Security Act, with funds 
     provided for grants under section 1820(g)(6) available for 
     the purchase and implementation of telehealth services, 
     including pilots and demonstrations on the use of electronic 
     health records to coordinate rural veterans care between 
     rural providers and the Department of Veterans Affairs 
     electronic health record system:  Provided further, That 
     notwithstanding section 338J(k) of the PHS Act, $10,036,000 
     shall be available for State Offices of Rural Health.

                            family planning

       For carrying out the program under title X of the PHS Act 
     to provide for voluntary family planning projects, 
     $293,870,000:  Provided, That amounts provided to said 
     projects under such title shall not be expended for 
     abortions, that all pregnancy counseling shall be 
     nondirective, and that such amounts shall not be expended for 
     any activity (including the publication or distribution of 
     literature) that in any way tends to promote public support 
     or opposition to any legislative proposal or candidate for 
     public office.

                           program management

       For program support in the Health Resources and Services 
     Administration, $162,517,000:  Provided, That funds made 
     available under this heading may be used to supplement 
     program support funding provided under the headings ``Primary 
     Health Care'', ``Health Workforce'', ``Maternal and Child 
     Health'', ``Ryan White HIV/AIDS Program'', ``Health Care 
     Systems'', and ``Rural Health''.

           health education assistance loans program account

       Such sums as may be necessary to carry out the purpose of 
     the program, as authorized by title VII of the PHS Act.
       For administrative expenses to carry out the guaranteed 
     loan program, including section 709 of the PHS Act, 
     $2,807,000.

             vaccine injury compensation program trust fund

       For payments from the Vaccine Injury Compensation Program 
     Trust Fund (``Trust Fund''), such sums as may be necessary 
     for claims associated with vaccine-related injury or death 
     with respect to vaccines administered after September 30, 
     1988, pursuant to subtitle 2 of title XXI of the PHS Act, to 
     remain available until expended:  Provided, That for 
     necessary administrative expenses, not to exceed $6,477,000 
     shall be available from the Trust Fund to the Secretary.

               Centers for Disease Control and Prevention

                 immunization and respiratory diseases

       For carrying out titles II, III, VII, XVII, and XXI, and 
     section 2821 of the PHS Act, titles II and IV of the 
     Immigration and Nationality Act, and section 501 of the 
     Refugee Education Assistance Act, with respect to 
     immunization and respiratory diseases, $525,201,000:  
     Provided, That in addition to amounts provided herein, 
     $12,864,000 shall be available from amounts available under 
     section 241 of the PHS Act to carry out the National 
     Immunization Surveys:  Provided further, That none of the 
     funds made available under this heading may be used to 
     require recipients of funding under section 317 of the PHS 
     Act to comply with the policy issued on July 10, 2012 titled 
     ``Use of Vaccine Purchased with 317 Funds''.

     hiv/aids, viral hepatitis, sexually transmitted diseases, and 
                        tuberculosis prevention

       For carrying out titles II, III, VII, XVII, XXIII, and XXVI 
     of the PHS Act with respect to HIV/AIDS, viral hepatitis, 
     sexually transmitted diseases, and tuberculosis prevention, 
     $1,101,956,000.

[[Page 3540]]



               emerging and zoonotic infectious diseases

       For carrying out titles II, III, VII, and XVII, and section 
     2821 of the PHS Act, titles II and IV of the Immigration and 
     Nationality Act, and section 501 of the Refugee Education 
     Assistance Act, with respect to emerging and zoonotic 
     infectious diseases, $266,458,000.

            chronic disease prevention and health promotion

       For carrying out titles II, III, VII, XI, XV, XVII, and XIX 
     of the PHS Act, with respect to chronic disease prevention 
     and health promotion, $797,081,000:  Provided, That funds 
     appropriated under this account may be available for making 
     grants under section 1509 of the PHS Act for not less than 21 
     States, tribes, or tribal organizations.

   birth defects, developmental disabilities, disabilities and health

       For carrying out titles II, III, VII, XI, and XVII of the 
     PHS Act with respect to birth defects, developmental 
     disabilities, and disabilities and health, $132,037,000.

                   public health scientific services

       For carrying out titles II and III of the PHS Act with 
     respect to health statistics, surveillance, informatics, and 
     workforce development, $129,614,000:  Provided, That in 
     addition to amounts provided herein, $262,127,000 shall be 
     available from amounts available under section 241 of the PHS 
     Act to carry out public health scientific services.

                          environmental health

       For carrying out titles II, III, VII, and XVII of the PHS 
     Act with respect to environmental health, $107,316,000.

                     injury prevention and control

       For carrying out titles II, III, VII, and XVII of the PHS 
     Act with respect to injury prevention and control, 
     $137,693,000.

         national institute for occupational safety and health

       For carrying out titles II, III, VII, and XVII of the PHS 
     Act, sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 
     of the Federal Mine Safety and Health Act, section 13 of the 
     Mine Improvement and New Emergency Response Act, and sections 
     20, 21, and 22 of the Occupational Safety and Health Act, 
     with respect to occupational safety and health, $181,222,000: 
      Provided, That in addition to amounts provided herein, 
     $111,366,000 shall be available from amounts available under 
     section 241 of the PHS Act.

       energy employees occupational illness compensation program

       For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Program Act, $55,358,000, 
     to remain available until expended:  Provided, That this 
     amount shall be available consistent with the provision 
     regarding administrative expenses in section 151(b) of 
     division B, title I of Public Law 106-554.

                             global health

       For carrying out titles II, III, VII and XVII of the PHS 
     Act with respect to global health, $353,794,000, of which 
     $117,118,000 for international HIV/AIDS shall remain 
     available through September 30, 2014, and of which $7,000,000 
     shall remain available through September 30, 2014, to support 
     national public health institutes:  Provided, That funds may 
     be used for purchase and insurance of official motor vehicles 
     in foreign countries.

                public health preparedness and response

       For carrying out titles II, III, VII, and XVII of the PHS 
     Act with respect to public health preparedness and response, 
     and for expenses necessary to support activities related to 
     countering potential biological, nuclear, radiological, and 
     chemical threats to civilian populations, $1,226,013,000, of 
     which $439,444,000 shall remain available until expended for 
     the Strategic National Stockpile under section 319F-2 of the 
     PHS Act:  Provided, That funds appropriated under this 
     heading may be used to support the hire, maintenance, and 
     operation of aircraft for use and support of the activities 
     of CDC:  Provided further, That in the event the Director of 
     the CDC activates the Emergency Operations Center, the 
     Director of the CDC may detail CDC staff without 
     reimbursement for up to 30 days to support the work of the 
     CDC Emergency Operations Center, so long as the Director 
     provides a notice to the Committees on Appropriations of the 
     House of Representatives and the Senate within 15 days of the 
     use of this authority and a full report within 30 days after 
     use of this authority which includes the number of staff and 
     funding level broken down by the originating center and 
     number of days detailed:  Provided further, That in the 
     previous proviso the annual reimbursement cannot exceed 
     $3,000,000 across CDC.

                        buildings and facilities

       For acquisition of real property, equipment, construction, 
     and renovation of facilities, $35,000,000, which shall remain 
     available until September 30, 2017:  Provided, That funds 
     appropriated under this heading shall only be used to support 
     competitive acquisition, renovation, or replacement, of the 
     National Institute for Occupational Safety and Health's 
     underground and surface coal mining safety and health 
     research capacity and the applied technology and occupational 
     hazard evaluation field research capabilities.
       In addition, $11,000,000 shall be available until September 
     30, 2014, for repairs and improvements of real property, 
     equipment, construction and facilities, of which $6,600,000 
     shall be derived from prior year unobligated balances of any 
     amounts available for Individual Learning Accounts.

                cdc-wide activities and program support

                     (including transfer of funds)

       For carrying out titles II, III, VII, XVII and XIX, and 
     section 2821 of the PHS Act and for cross-cutting activities 
     and program support that supplement activities funded under 
     the headings ``Immunization and Respiratory Diseases'', 
     ``HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, 
     and Tuberculosis Prevention'', ``Emerging and Zoonotic 
     Infectious Diseases'', ``Chronic Disease Prevention and 
     Health Promotion'', ``Birth Defects, Developmental 
     Disabilities, Disabilities and Health'', ``Environmental 
     Health'', ``Injury Prevention and Control'', ``National 
     Institute for Occupational Safety and Health'', ``Energy 
     Employees Occupational Illness Compensation Program'', 
     ``Global Health'', ``Public Health Preparedness and 
     Response'', ``Public Health Scientific Services'', and 
     ``Buildings and Facilities'', $591,500,000, of which 
     $380,000,000 shall be available until September 30, 2014, for 
     business services, and of which $105,000,000 shall be for the 
     Preventive Health and Health Services Block Grant Program:  
     Provided, That paragraphs (1) through (3) of subsection (b) 
     of section 2821 of the PHS Act shall not apply to funds 
     appropriated under this heading and in all other accounts of 
     the CDC:  Provided further, That employees of CDC or the 
     Public Health Service, both civilian and commissioned 
     officers, detailed to States, municipalities, or other 
     organizations under authority of section 214 of the PHS Act, 
     or in overseas assignments, shall not be included within any 
     personnel ceiling applicable to the Agency, Service, or HHS 
     during the period of detail or assignment:  Provided further, 
     That CDC may use up to $10,000 from amounts appropriated to 
     CDC in this Act for official reception and representation 
     expenses when specifically approved by the Director of CDC:  
     Provided further, That in addition, such sums as may be 
     derived from authorized user fees, which shall be credited to 
     the appropriation charged with the cost thereof:  Provided 
     further, That with respect to the previous proviso, 
     authorized user fees from the Vessel Sanitation Program shall 
     be available through September 30, 2014:  Provided further, 
     That to facilitate the implementation of the permanent 
     Working Capital Fund (``WCF'') authorized under this heading 
     in division F of Public Law 112-74, on or after October 1, 
     2013, unobligated balances of amounts appropriated for 
     business services for fiscal year 2013 shall be transferred 
     to the WCF:  Provided further, That on or after October 1, 
     2013, CDC shall transfer other amounts available for business 
     services to other CDC appropriations consistent with the 
     benefit each appropriation received from the business 
     services appropriation in fiscal year 2013:  Provided 
     further, That once the WCF is implemented in fiscal year 
     2014, assets purchased with funds appropriated for or 
     reimbursed to business services may be transferred to the WCF 
     and customers billed for depreciation of those assets:  
     Provided further, That CDC shall, consistent with the 
     authorities provided in 42 U.S.C. 231, ensure that the WCF is 
     used only for administrative support services and not for 
     programmatic activities, and that WCF funds are not co-
     mingled with programmatic activity funding:  Provided 
     further, That CDC shall notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     not later than 15 days prior to any transfers made with funds 
     provided under this heading.

                     National Institutes of Health

                       national cancer institute

       For carrying out section 301 and title IV of the PHS Act 
     with respect to cancer, $5,090,976,000, of which up to 
     $8,000,000 may be used for facilities repairs and 
     improvements at the National Cancer Institute--Frederick 
     Federally Funded Research and Development Center in 
     Frederick, Maryland.

               national heart, lung, and blood institute

       For carrying out section 301 and title IV of the PHS Act 
     with respect to cardiovascular, lung, and blood diseases, and 
     blood and blood products, $3,090,430,000.

         national institute of dental and craniofacial research

       For carrying out section 301 and title IV of the PHS Act 
     with respect to dental and craniofacial diseases, 
     $412,232,000.

    national institute of diabetes and digestive and kidney diseases

       For carrying out section 301 and title IV of the PHS Act 
     with respect to diabetes and digestive and kidney disease, 
     $1,803,702,000.

        national institute of neurological disorders and stroke

       For carrying out section 301 and title IV of the PHS Act 
     with respect to neurological disorders and stroke, 
     $1,632,390,000.

         national institute of allergy and infectious diseases

       For carrying out section 301 and title IV of the PHS Act 
     with respect to allergy and infectious diseases, 
     $4,507,078,000.

[[Page 3541]]



             national institute of general medical sciences

       For carrying out section 301 and title IV of the PHS Act 
     with respect to general medical sciences, $2,479,085,000:  
     Provided, That not less than $316,480,000 is provided for the 
     Institutional Development Awards program.

  eunice kennedy shriver national institute of child health and human 
                              development

       For carrying out section 301 and title IV of the PHS Act 
     with respect to child health and human development, 
     $1,326,293,000.

                         national eye institute

       For carrying out section 301 and title IV of the PHS Act 
     with respect to eye diseases and visual disorders, 
     $705,316,000.

          national institute of environmental health sciences

       For carrying out section 301 and title IV of the PHS Act 
     with respect to environmental health sciences, $688,111,000.

                      national institute on aging

       For carrying out section 301 and title IV of the PHS Act 
     with respect to aging, $1,126,636,000.

 national institute of arthritis and musculoskeletal and skin diseases

       For carrying out section 301 and title IV of the PHS Act 
     with respect to arthritis and musculoskeletal and skin 
     diseases, $537,771,000.

    national institute on deafness and other communication disorders

       For carrying out section 301 and title IV of the PHS Act 
     with respect to deafness and other communication disorders, 
     $417,816,000.

                 national institute of nursing research

       For carrying out section 301 and title IV of the PHS Act 
     with respect to nursing research, $145,306,000.

           national institute on alcohol abuse and alcoholism

       For carrying out section 301 and title IV of the PHS Act 
     with respect to alcohol abuse and alcoholism, $461,221,000.

                    national institute on drug abuse

       For carrying out section 301 and title IV of the PHS Act 
     with respect to drug abuse, $1,057,270,000.

                  national institute of mental health

       For carrying out section 301 and title IV of the PHS Act 
     with respect to mental health, $1,485,749,000.

                national human genome research institute

       For carrying out section 301 and title IV of the PHS Act 
     with respect to human genome research, $515,113,000.

      national institute of biomedical imaging and bioengineering

       For carrying out section 301 and title IV of the PHS Act 
     with respect to biomedical imaging and bioengineering 
     research, $339,610,000.

       national center for complementary and alternative medicine

       For carrying out section 301 and title IV of the PHS Act 
     with respect to complementary and alternative medicine, 
     $128,531,000.

      national institute on minority health and health disparities

       For carrying out section 301 and title IV of the PHS Act 
     with respect to minority health and health disparities 
     research, $277,464,000.

                  john e. fogarty international center

       For carrying out the activities of the John E. Fogarty 
     International Center (described in subpart 2 of part E of 
     title IV of the PHS Act), $69,880,000.

          national center for advancing translational sciences

       For carrying out section 301 and title IV of the PHS Act 
     with respect to translational sciences, $617,830,000:  
     Provided, That up to $25,000,000 shall be available to 
     implement section 480 of the PHS Act (relating to the Cures 
     Acceleration Network):  Provided further, That at least 
     $487,767,000 is provided to the Clinical and Translational 
     Sciences Awards program.

                      national library of medicine

       For carrying out section 301 and title IV of the PHS Act 
     with respect to health information communications, 
     $366,852,000, of which $2,000,000 shall be available until 
     September 30, 2014, for improvement of information systems:  
     Provided, That in fiscal year 2013, the National Library of 
     Medicine may enter into personal services contracts for the 
     provision of services in facilities owned, operated, or 
     constructed under the jurisdiction of the National Institutes 
     of Health (referred to in this title as ``NIH''):  Provided 
     further, That in addition to amounts provided herein, 
     $8,200,000 shall be available from amounts available under 
     section 241 of the PHS Act to carry out the purposes of the 
     National Information Center on Health Services Research and 
     Health Care Technology established under section 478A of the 
     PHS Act and related health services.

                         office of the director

                     (including transfer of funds)

       For carrying out the responsibilities of the Office of the 
     Director, NIH, $1,465,289,000, of which up to $25,000,000 
     shall be used to carry out section 213 of this Act:  
     Provided, That funding shall be available for the purchase of 
     not to exceed 29 passenger motor vehicles for replacement 
     only:  Provided further, That NIH is authorized to collect 
     third-party payments for the cost of clinical services that 
     are incurred in NIH research facilities and that such 
     payments shall be credited to the NIH Management Fund:  
     Provided further, That all funds credited to the NIH 
     Management Fund shall remain available for 1 fiscal year 
     after the fiscal year in which they are deposited:  Provided 
     further, That $165,000,000 shall be for the National 
     Children's Study (``NCS''), except that not later than July 
     15, 2013, the Director shall estimate the amount needed for 
     the NCS during fiscal year 2013, taking into account the 
     succeeding proviso, and any funds in excess of the estimated 
     need shall be transferred to and merged with the accounts for 
     the various Institutes and Centers of NIH in proportion to 
     their shares of total NIH appropriations made by this Act:  
     Provided further, That the Director shall contract with the 
     National Academy of Sciences within 60 days of enactment of 
     this Act to appoint an expert Institute of Medicine/National 
     Research Council (``IOM/NRC'') panel to conduct a 
     comprehensive review and issue a report regarding proposed 
     methodologies for the NCS Main Study, including whether such 
     methodologies are likely to produce scientifically sound 
     results that are generalizable to the United States 
     population and appropriate sub-populations, and no contracts 
     shall be awarded for conducting the Main Study until at least 
     60 days after the IOM/NRC report has been available to the 
     public:  Provided further, That $547,962,000 shall be 
     available for the Common Fund established under section 
     402A(c)(1) of the PHS Act:  Provided further, That of the 
     funds provided $10,000 shall be for official reception and 
     representation expenses when specifically approved by the 
     Director of the NIH:  Provided further, That the Office of 
     AIDS Research within the Office of the Director of the NIH 
     may spend up to $8,000,000 to make grants for construction or 
     renovation of facilities as provided for in section 
     2354(a)(5)(B) of the PHS Act:  Provided further, That funds 
     provided under this heading in this Act may be used to 
     support the Sanctuary System for Surplus Chimpanzees 
     authorized by section 404K of the PHS Act, including for the 
     construction, renovation, and funding of current or 
     additional facilities of the sanctuary system as authorized 
     by section 404K, notwithstanding the limitations in 
     subsection (g) of such section except that the aggregate 
     total of funds reserved may not exceed the amount specified 
     in subsection (g)(1) of such section by more than $2,000,000.

                        buildings and facilities

       For the study of, construction of, renovation of, and 
     acquisition of equipment for, facilities of or used by NIH, 
     including the acquisition of real property, $125,308,000, to 
     remain available until September 30, 2017.

       Substance Abuse and Mental Health Services Administration

                             mental health

       For carrying out titles III, V, and XIX of the PHS Act with 
     respect to mental health, and the Protection and Advocacy for 
     Individuals with Mental Illness Act, $958,060,000:  Provided, 
     That notwithstanding section 520A(f)(2) of the PHS Act, no 
     funds appropriated for carrying out section 520A shall be 
     available for carrying out section 1971 of the PHS Act:  
     Provided further, That in addition to amounts provided 
     herein, $21,039,000 shall be available under section 241 of 
     the PHS Act to carry out subpart I of part B of title XIX of 
     the PHS Act to fund section 1920(b) technical assistance, 
     national data, data collection and evaluation activities, and 
     further that the total available under this Act for section 
     1920(b) activities shall not exceed 5 percent of the amounts 
     appropriated for subpart I of part B of title XIX:  Provided 
     further, That section 520E(b)(2) of the PHS Act shall not 
     apply to funds appropriated under this Act for fiscal year 
     2013:  Provided further, That of the amount appropriated 
     under this heading, $48,713,000 shall be for the National 
     Child Traumatic Stress Initiative as described in section 582 
     of the PHS Act.

                        substance abuse treatment

       For carrying out titles III, V, and XIX of the PHS Act with 
     respect to substance abuse treatment and section 1922(a) of 
     the PHS Act with respect to substance abuse prevention, 
     $2,114,700,000:  Provided, That in addition to amounts 
     provided herein, the following amounts shall be available 
     under section 241 of the PHS Act: (1) $79,200,000 to carry 
     out subpart II of part B of title XIX of the PHS Act to fund 
     section 1935(b) technical assistance, national data, data 
     collection and evaluation activities, and further that the 
     total available under this Act for section 1935(b) activities 
     shall not exceed 5 percent of the amounts appropriated for 
     subpart II of part B of title XIX; and (2) $2,000,000 to 
     evaluate substance abuse treatment programs.

                       substance abuse prevention

       For carrying out titles III and V of the PHS Act with 
     respect to substance abuse prevention, $185,364,000.

                health surveillance and program support

       For program support and cross-cutting activities that 
     supplement activities funded under the headings ``Mental 
     Health'', ``Substance Abuse Treatment'', and ``Substance 
     Abuse Prevention'' in carrying out titles III, V, and XIX of 
     the PHS Act and the Protection and Advocacy for Individuals 
     with Mental Illness Act in the Substance Abuse and

[[Page 3542]]

     Mental Health Services Administration, $104,210,000:  
     Provided, That in addition to amounts provided herein, 
     $27,428,000 shall be available under section 241 of the PHS 
     Act to supplement funds available to carry out national 
     surveys on drug abuse and mental health, to collect and 
     analyze program data, and to conduct public awareness and 
     technical assistance activities:  Provided further, That, in 
     addition, fees may be collected for the costs associated with 
     additional publications, data, data tabulations, and data 
     analysis completed under title V of the PHS Act and provided 
     to a public or private entity upon request, which shall be 
     credited to this appropriation and shall remain available 
     until expended for such purposes:  Provided further, That 
     funds made available under this heading may be used to 
     supplement program support funding provided under the 
     headings ``Mental Health'', ``Substance Abuse Treatment'', 
     and ``Substance Abuse Prevention''.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

       For carrying out titles III and IX of the PHS Act, part A 
     of title XI of the Social Security Act, and section 1013 of 
     the Medicare Prescription Drug, Improvement, and 
     Modernization Act of 2003, $349,053,000 shall be available 
     from amounts available under section 241 of the PHS Act, 
     notwithstanding subsection 947(c) of such Act:  Provided, 
     That in addition, amounts received from Freedom of 
     Information Act fees, reimbursable and interagency 
     agreements, and the sale of data shall be credited to this 
     appropriation and shall remain available until September 30, 
     2014.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

       For carrying out, except as otherwise provided, titles XI 
     and XIX of the Social Security Act, $178,791,197,000, to 
     remain available until expended.
       For making, after May 31, 2013, payments to States under 
     title XIX or in the case of section 1928 on behalf of States 
     under title XIX of the Social Security Act for the last 
     quarter of fiscal year 2013 for unanticipated costs incurred 
     for the current fiscal year, such sums as may be necessary.
       For making payments to States or in the case of section 
     1928 on behalf of States under title XIX of the Social 
     Security Act for the first quarter of fiscal year 2014, 
     $106,335,631,000, to remain available until expended.
       Payment under such title XIX may be made for any quarter 
     with respect to a State plan or plan amendment in effect 
     during such quarter, if submitted in or prior to such quarter 
     and approved in that or any subsequent quarter.

                  payments to health care trust funds

       For payment to the Federal Hospital Insurance Trust Fund 
     and the Federal Supplementary Medical Insurance Trust Fund, 
     as provided under sections 217(g), 1844, and 1860D-16 of the 
     Social Security Act, sections 103(c) and 111(d) of the Social 
     Security Amendments of 1965, section 278(d)(3) of Public Law 
     97-248, and for administrative expenses incurred pursuant to 
     section 201(g) of the Social Security Act, $251,417,790,000.
       In addition, for making matching payments under section 
     1844 and benefit payments under section 1860D-16 of the 
     Social Security Act that were not anticipated in budget 
     estimates, such sums as may be necessary.

                           program management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the PHS Act, the Clinical Laboratory Improvement 
     Amendments of 1988, and other responsibilities of the Centers 
     for Medicare and Medicaid Services, not to exceed 
     $3,826,187,000, to be transferred from the Federal Hospital 
     Insurance Trust Fund and the Federal Supplementary Medical 
     Insurance Trust Fund, as authorized by section 201(g) of the 
     Social Security Act; together with all funds collected in 
     accordance with section 353 of the PHS Act and section 
     1857(e)(2) of the Social Security Act, funds retained by the 
     Secretary pursuant to section 302 of the Tax Relief and 
     Health Care Act of 2006; and such sums as may be collected 
     from authorized user fees and the sale of data, which shall 
     be credited to this account and remain available until 
     September 30, 2018:  Provided, That all funds derived in 
     accordance with 31 U.S.C. 9701 from organizations established 
     under title XIII of the PHS Act shall be credited to and 
     available for carrying out the purposes of this 
     appropriation:  Provided further, That $11,150,000, to remain 
     available through September 30, 2014, shall be for contract 
     costs for the Healthcare Integrated General Ledger Accounting 
     System:  Provided further, That the Secretary is directed to 
     collect fees in fiscal year 2013 from Medicare Advantage 
     organizations pursuant to section 1857(e)(2) of the Social 
     Security Act and from eligible organizations with risk-
     sharing contracts under section 1876 of that Act pursuant to 
     section 1876(k)(4)(D) of that Act:  Provided further, That 
     $44,000,000 shall be available for the State high-risk health 
     insurance pool program as authorized by the State High Risk 
     Pool Funding Extension Act of 2006.

              health care fraud and abuse control account

       In addition to amounts otherwise available for program 
     integrity and program management, $309,790,000, to remain 
     available through September 30, 2014, to be transferred from 
     the Federal Hospital Insurance Trust Fund and the Federal 
     Supplementary Medical Insurance Trust Fund, as authorized by 
     section 201(g) of the Social Security Act, of which 
     $250,442,000 shall be for the Centers for Medicare and 
     Medicaid Services Program Integrity Activities, including 
     administrative costs, to conduct oversight activities for the 
     Medicare program, including but not limited to Medicare 
     Advantage under part C and the Medicare Prescription Drug 
     Program under part D of title XVIII of the Social Security 
     Act, and for activities described in section 1893(b) of such 
     Act and for Medicaid and Children's Health Insurance Program 
     integrity activities, of which $29,674,000 shall be for the 
     Department of Health and Human Services Office of Inspector 
     General to carry out fraud and abuse activities authorized by 
     section 1817(k)(3) of such Act, and of which $29,674,000 
     shall be for the Department of Justice to carry out fraud and 
     abuse activities authorized by section 1817(k)(3) of such 
     Act:  Provided, That the report required by section 
     1817(k)(5) of the Social Security Act for fiscal year 2013 
     shall include measures of the operational efficiency and 
     impact on fraud, waste, and abuse in the Medicare, Medicaid, 
     and CHIP programs for the funds provided by this 
     appropriation.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

       For making 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, $2,756,485,000, to 
     remain available until expended; and for such purposes for 
     the first quarter of fiscal year 2014, $1,100,000,000, to 
     remain available until expended.
       For making payments to each State for carrying out the 
     program of Aid to Families with Dependent Children under 
     title IV-A of the Social Security Act before the effective 
     date of the program of Temporary Assistance for Needy 
     Families with respect to such State, such sums as may be 
     necessary:  Provided, That the sum of the amounts available 
     to a State with respect to expenditures under such title IV-A 
     in fiscal year 1997 under this appropriation and under such 
     title IV-A as amended by the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 shall not exceed the 
     limitations under section 116(b) of such Act.
       For making, after May 31 of the current fiscal year, 
     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, for the last 3 months of the current 
     fiscal year for unanticipated costs, incurred for the current 
     fiscal year, such sums as may be necessary.

                   low income home energy assistance

       For making payments under subsections (b) and (d) of 
     section 2602 of the Low Income Home Energy Assistance Act of 
     1981, $3,471,672,000:  Provided, That all but $497,000,000 of 
     such funds shall be allocated as though the total 
     appropriation for such payments for fiscal year 2013 was less 
     than $1,975,000,000:  Provided further, That notwithstanding 
     section 2609A(a), of the amounts appropriated under section 
     2602(b), not more than $3,000,000 of such amounts may be 
     reserved by the Secretary for technical assistance, training, 
     and monitoring of program activities for compliance with 
     internal controls, policies and procedures.

                     refugee and entrant assistance

       For necessary expenses for refugee and entrant assistance 
     activities authorized by section 414 of the Immigration and 
     Nationality Act and section 501 of the Refugee Education 
     Assistance Act of 1980, for carrying out section 462 of the 
     Homeland Security Act of 2002, section 235 of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008, and the Trafficking Victims Protection Act of 
     2000, for costs associated with the care and placement of 
     unaccompanied alien children, and for carrying out the 
     Torture Victims Relief Act of 1998, $1,004,000,000, of which 
     up to $9,775,000 shall be available to carry out the 
     Trafficking Victims Protection Act of 2000:  Provided, That 
     funds appropriated under this heading pursuant to section 
     414(a) of the Immigration and Nationality Act, section 462 of 
     the Homeland Security Act of 2002, section 235 of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008, and the Trafficking Victims Protection Act of 
     2000 for fiscal year 2013 shall be available for the costs of 
     assistance provided and other activities to remain available 
     through September 30, 2015.

   payments to states for the child care and development block grant

       For carrying out the Child Care and Development Block Grant 
     Act of 1990 (``CCDBG Act''), $2,388,313,000 shall be used to 
     supplement, not supplant State general revenue funds for 
     child care assistance for low-income families:  Provided, 
     That $19,396,000 shall be available for child care resource 
     and referral and school-aged child care activities, of

[[Page 3543]]

     which $1,000,000 shall be available to the Secretary for a 
     competitive grant for the operation of a national toll free 
     referral line and Web site to develop and disseminate child 
     care consumer education information for parents and help 
     parents access child care in their local community:  Provided 
     further, That, in addition to the amounts required to be 
     reserved by the States under section 658G of the CCDBG Act, 
     $304,733,000 shall be reserved by the States for activities 
     authorized under section 658G, of which $111,758,000 shall be 
     for activities that improve the quality of infant and toddler 
     care:  Provided further, That $9,871,000 shall be for use by 
     the Secretary for child care research, demonstration, and 
     evaluation activities.

                      social services block grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $1,700,000,000:  Provided, That 
     notwithstanding subparagraph (B) of section 404(d)(2) of such 
     Act, the applicable percent specified under such subparagraph 
     for a State to carry out State programs pursuant to title XX-
     A of such Act shall be 10 percent.

                children and families services programs

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Head Start Act, the Child Abuse 
     Prevention and Treatment Act, sections 303 and 313 of the 
     Family Violence Prevention and Services Act, the Native 
     American Programs Act of 1974, title II of the Child Abuse 
     Prevention and Treatment and Adoption Reform Act of 1978 
     (adoption opportunities), the Abandoned Infants Assistance 
     Act of 1988, part B-1 of title IV and sections 413, 1110, and 
     1115 of the Social Security Act; for making payments under 
     the Community Services Block Grant Act (``CSBG Act''), 
     sections 473B and 477(i) of the Social Security Act, and the 
     Assets for Independence Act; for necessary administrative 
     expenses to carry out such Acts and titles I, IV, V, X, XI, 
     XIV, XVI, and XX of the Social Security Act, the Act of July 
     5, 1960, the Low Income Home Energy Assistance Act of 1981, 
     title IV of the Immigration and Nationality Act, and section 
     501 of the Refugee Education Assistance Act of 1980; and for 
     the administration of prior year obligations made under the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     and the Help America Vote Act of 2002, $9,800,869,000, of 
     which $39,346,000, to remain available through September 30, 
     2014, shall be for grants to States for adoption incentive 
     payments, as authorized by section 473A of the Social 
     Security Act and may be made for adoptions completed before 
     September 30, 2013:  Provided, That $8,018,544,000 shall be 
     for making payments under the Head Start Act:  Provided 
     further, That of the amount in the previous proviso, 
     $7,968,543,933 shall be available for payments under section 
     640 of the Head Start Act at the same level of such payments 
     for fiscal year 2012:  Provided further, That of the 
     remaining amount for making payments under the Head Start Act 
     under this heading, notwithstanding any other provision of 
     law, $25,000,000 shall be available for allocation by the 
     Secretary to supplement activities described in paragraphs 
     (7)(B) and (9) of section 641(c) of such Act under the 
     Designation Renewal System, established under the authority 
     of sections 641(c)(7), 645A(b)(12) and 645A(d) of such Act, 
     and $25,000,000 shall be available for carrying out the cost 
     of living adjustment described in section 
     640(a)(3)(A)(ii)(II)(aa) of such Act:  Provided further, That 
     amounts allocated to Head Start grantees at the discretion of 
     the Secretary to supplement activities pursuant to the 
     previous proviso shall not be included in calculation of the 
     ``base grant'' in subsequent fiscal years, as such term is 
     used in section 640(a)(7)(A) of the Head Start Act:  Provided 
     further, That $718,282,000 shall be for making payments under 
     the CSBG Act:  Provided further, That $41,274,000 shall be 
     for sections 680 and 678E(b)(2) of the CSBG Act, of which not 
     less than $34,943,000 shall be for section 680(a)(2) and not 
     less than $5,981,000 shall be for section 680(a)(3)(B) of 
     such Act:  Provided further, That to the extent funds 
     provided in this Act for the Assets for Independence Act are 
     distributed as grant funds to a qualified entity and have not 
     been expended by such entity within three years after the 
     date of award, such funds may be recaptured and reallocated 
     among other qualified entities, to remain available to such 
     other qualified entities for five years:  Provided further, 
     That in addition to amounts provided herein, $5,762,000 shall 
     be available from amounts available under section 241 of the 
     PHS Act to carry out the provisions of section 1110 of the 
     Social Security Act:  Provided further, That to the extent 
     Community Services Block Grant funds are distributed as grant 
     funds by a State to an eligible entity as provided under the 
     CSBG Act, and have not been expended by such entity, they 
     shall remain with such entity for carryover into the next 
     fiscal year for expenditure by such entity consistent with 
     program purposes:  Provided further, That the Secretary shall 
     establish procedures regarding the disposition of intangible 
     assets and program income that permit such assets acquired 
     with, and program income derived from, grant funds authorized 
     under section 680 of the CSBG Act to become the sole property 
     of such grantees after a period of not more than 12 years 
     after the end of the grant period for any activity consistent 
     with section 680(a)(2)(A) of the CSBG Act:  Provided further, 
     That intangible assets in the form of loans, equity 
     investments and other debt instruments, and program income 
     may be used by grantees for any eligible purpose consistent 
     with section 680(a)(2)(A) of the CSBG Act:  Provided further, 
     That these procedures shall apply to such grant funds made 
     available after November 29, 1999:  Provided further, That 
     funds appropriated for section 680(a)(2) of the CSBG Act 
     shall be available for financing construction and 
     rehabilitation and loans or investments in private business 
     enterprises owned by community development corporations:  
     Provided further, That $1,992,000 shall be for a human 
     services case management system for federally declared 
     disasters, to include a comprehensive national case 
     management contract and Federal costs of administering the 
     system:  Provided further, That section 303(a)(2)(A)(i) of 
     the Family Violence Prevention and Services Act shall not 
     apply to amounts provided herein:  Provided further, That up 
     to $2,000,000 shall be for improving the Public Assistance 
     Reporting Information System, including grants to States to 
     support data collection for a study of the system's 
     effectiveness.

                   promoting safe and stable families

       For carrying out section 436 of the Social Security Act, 
     $345,000,000 and in addition, for carrying out section 437 of 
     such Act, $63,065,000.

                payments for foster care and permanency

       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, and for carrying 
     out section 477(g) of such Act, $4,810,000,000.
       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, for the first 
     quarter of fiscal year 2014, $2,200,000,000.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under 
     section 474 of title IV-E of the Social Security Act, for the 
     last 3 months of the current fiscal year for unanticipated 
     costs, incurred for the current fiscal year, such sums as may 
     be necessary.

                  Administration for Community Living

                 aging and disability services programs

                     (including transfer of funds)

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965 (``OAA''), section 398 and title 
     XXIX of the PHS Act, section 119 of the Medicare Improvements 
     for Patients and Providers Act of 2008, title XX-B of the 
     Social Security Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, section 291 of the Help 
     America Vote Act of 2002, for necessary administrative 
     expenses to carry out section 393D of the PHS Act, and for 
     Department-wide coordination of policy and program activities 
     that assist individuals with disabilities, $1,650,488,000, 
     together with $52,115,000 to be transferred from the Federal 
     Hospital Insurance Trust Fund and the Federal Supplementary 
     Medical Insurance Trust Fund to carry out section 4360 of the 
     Omnibus Budget Reconciliation Act of 1990:  Provided, That 
     amounts appropriated under this heading may be used for 
     grants to States under section 361 of the OAA only for 
     disease prevention and health promotion programs and 
     activities which have been demonstrated through rigorous 
     evaluation to be evidence-based and effective:  Provided 
     further, That none of the funds provided shall be used to 
     carry out sections 1701 and 1703 of the PHS Act (with respect 
     to chronic disease self-management activity grants), except 
     that such funds may be used for necessary expenses associated 
     with administering any such grants awarded prior to the date 
     of the enactment of this Act:  Provided further, That the 
     total amount available for fiscal year 2013 under this and 
     any other Act to carry out activities related to Aging and 
     Disability Resource Centers under subsections (a)(20)(B)(iii) 
     and (b)(8) of section 202 of the OAA shall not exceed the 
     amount obligated for such purposes for fiscal year 2010 from 
     funds available under Public Law 111-117:  Provided further, 
     That notwithstanding any other provision of this Act, funds 
     made available under this heading to carry out section 311 of 
     the OAA may be transferred to the Secretary of Agriculture in 
     accordance with such section.

                        Office of the Secretary

                    general departmental management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six passenger 
     motor vehicles, and for carrying out titles III, XVII, and 
     XXI of the PHS Act, the United States-Mexico Border Health 
     Commission Act, and research studies under section 1110 of 
     the Social Security Act, $473,424,000, together with 
     $69,211,000 from the amounts available under section 241 of 
     the PHS Act to carry out national health or human services 
     research and evaluation activities:  Provided, That of this 
     amount, $53,681,000 shall be for minority AIDS prevention and 
     treatment activities:  Provided further, That of the funds 
     made available under this heading, $104,592,000 shall be for 
     making competitive contracts and grants to public and private 
     entities to fund medically accurate and age appropriate 
     programs that reduce teen pregnancy and for the Federal costs 
     associated

[[Page 3544]]

     with administering and evaluating such contracts and grants, 
     of which not less than $75,000,000 shall be for replicating 
     programs that have been proven effective through rigorous 
     evaluation to reduce teenage pregnancy, behavioral risk 
     factors underlying teenage pregnancy, or other associated 
     risk factors, of which not less than $25,000,000 shall be 
     available for research and demonstration grants to develop, 
     replicate, refine, and test additional models and innovative 
     strategies for preventing teenage pregnancy, and of which any 
     remaining amounts shall be available for training and 
     technical assistance, evaluation, outreach, and additional 
     program support activities:  Provided further, That of the 
     amounts provided under this heading from amounts available 
     under section 241 of the PHS Act, $8,455,000 shall be 
     available to carry out evaluations (including longitudinal 
     evaluations) of teenage pregnancy prevention approaches:  
     Provided further, That of the funds made available under this 
     heading, $5,000,000 shall be for making competitive grants to 
     provide abstinence education (as defined by section 
     510(b)(2)(A)-(H) of the Social Security Act) to adolescents, 
     and for Federal costs of administering the grant:  Provided 
     further, That grants made under the authority of section 
     510(b)(2)(A)-(H) of the Social Security Act shall be made 
     only to public and private entities that agree that, with 
     respect to an adolescent to whom the entities provide 
     abstinence education under such grant, the entities will not 
     provide to that adolescent any other education regarding 
     sexual conduct, except that, in the case of an entity 
     expressly required by law to provide health information or 
     services the adolescent shall not be precluded from seeking 
     health information or services from the entity in a different 
     setting than the setting in which abstinence education was 
     provided:  Provided further, That of the funds made available 
     under this heading, $3,500,000 shall be for strengthening the 
     capacity and capabilities of the acquisition workforce (as 
     defined in 41 U.S.C. 1703) of HHS, including for training, 
     recruitment, and hiring and retention of members of the 
     acquisition workforce; information technology in support of 
     acquisition workforce effectiveness; and management solutions 
     to improve acquisition management:  Provided further, That 
     funds provided in this Act for embryo adoption activities may 
     be used to provide to individuals adopting embryos, through 
     grants and other mechanisms, medical and administrative 
     services deemed necessary for such adoptions:  Provided 
     further, That such services shall be provided consistent with 
     42 CFR 59.5(a)(4).

                office of medicare hearings and appeals

       For expenses necessary for administrative law judges 
     responsible for hearing cases under title XVIII of the Social 
     Security Act (and related provisions of title XI of such 
     Act), $79,908,000, to be transferred in appropriate part from 
     the Federal Hospital Insurance Trust Fund and the Federal 
     Supplementary Medical Insurance Trust Fund.

  office of the national coordinator for health information technology

       For expenses necessary for the Office of the National 
     Coordinator for Health Information Technology, including 
     grants, contracts, and cooperative agreements for the 
     development and advancement of interoperable health 
     information technology, $16,415,000:  Provided, That in 
     addition to amounts provided herein, $49,842,000 shall be 
     available from amounts available under section 241 of the PHS 
     Act.

                      office of inspector general

       For expenses necessary for the Office of Inspector General, 
     including the hire of passenger motor vehicles for 
     investigations, in carrying out the provisions of the 
     Inspector General Act of 1978, $55,483,000:  Provided, That 
     of such amount, necessary sums shall be available for 
     providing protective services to the Secretary and 
     investigating non-payment of child support cases for which 
     non-payment is a Federal offense under 18 U.S.C. 228:  
     Provided further, That at least 40 percent of this amount 
     shall be used only for investigations, audits, and 
     evaluations pertaining to the discretionary programs funded 
     in this Act.

                        office for civil rights

       For expenses necessary for the Office for Civil Rights, 
     $38,966,000.

     retirement pay and medical benefits for commissioned officers

       For retirement pay and medical benefits of Public Health 
     Service Commissioned Officers as authorized by law, for 
     payments under the Retired Serviceman's Family Protection 
     Plan and Survivor Benefit Plan, and for medical care of 
     dependents and retired personnel under the Dependents' 
     Medical Care Act, such amounts as may be required during the 
     current fiscal year.

            public health and social services emergency fund

                     (including transfer of funds)

       For expenses necessary to support activities related to 
     countering potential biological, nuclear, radiological, 
     chemical, and cybersecurity threats to civilian populations, 
     and for other public health emergencies, $561,576,000; of 
     which $5,000,000 shall remain available through September 30, 
     2015, to support emergency operations and of which 
     $15,000,000 shall remain available until expended for the 
     purpose of funding a strategic investment corporation 
     established to further the purposes of section 319L of the 
     PHS Act to foster innovation in the development of medical 
     countermeasures; and of which up to $5,000,000 shall remain 
     available through September 30, 2015 to support the delivery 
     of medical countermeasures.
       From funds transferred to this account pursuant to the 
     fourth paragraph under this heading in Public Law 111-117, up 
     to $415,000,000 shall be available for expenses necessary to 
     support advanced research and development pursuant to section 
     319L of the PHS Act, and other administrative expenses of the 
     Biomedical Advanced Research and Development Authority to 
     support additional advanced research and development:  
     Provided, That funds provided under this heading for the 
     purpose of acquisition of security countermeasures may be 
     used and shall be in addition to any other funds available 
     for such purpose:  Provided further, That products purchased 
     with funds provided under this heading may, at the discretion 
     of the Secretary, be deposited in the Strategic National 
     Stockpile pursuant to section 319F-2 of the PHS Act.
       In addition, for expenses necessary for replacement of 
     building leases and associated renovation costs for Public 
     Health Service agencies and other components of the 
     Department of Health and Human Services, including relocation 
     and fit-out costs, $17,000,000, to remain available until 
     expended.

                           General Provisions

       Sec. 201.  Funds appropriated in this title shall be 
     available for not to exceed $50,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       Sec. 202.  The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       Sec. 203.  None of the funds appropriated in this title 
     shall be used to pay the salary of an individual, through a 
     grant or other extramural mechanism, at a rate in excess of 
     Executive Level II.
       Sec. 204.  None of the funds appropriated in this Act may 
     be expended pursuant to section 241 of the PHS Act, except 
     for funds specifically provided for in this Act, or for other 
     taps and assessments made by any office located in HHS, until 
     15 days following notification to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     regarding the planned uses of such funds:  Provided, That any 
     further adjustments to such taps or assessments shall be 
     treated as a reprogramming of such funds under section 514 of 
     this Act.
       Sec. 205.  Notwithstanding section 241(a) of the PHS Act, 
     such portion as the Secretary shall determine, but not more 
     than 2.5 percent, of any amounts appropriated for programs 
     authorized under such Act shall be made available for the 
     evaluation (directly, or by grants or contracts) of the 
     implementation and effectiveness of such programs.

                          (transfer of funds)

       Sec. 206.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the current 
     fiscal year for HHS in this Act may be transferred between 
     appropriations, but no such appropriation shall be increased 
     by more than 3 percent by any such transfer:  Provided, That 
     the transfer authority granted by this section shall not be 
     used to create any new program or to fund any project or 
     activity for which no funds are provided in this Act:  
     Provided further, That the Committees on Appropriations of 
     the House of Representatives and the Senate are notified at 
     least 15 days in advance of any transfer.

                          (transfer of funds)

       Sec. 207.  The Director of the NIH, jointly with the 
     Director of the Office of AIDS Research, may transfer up to 3 
     percent among institutes and centers from the total amounts 
     identified by these two Directors as funding for research 
     pertaining to the human immunodeficiency virus:  Provided, 
     That the Committees on Appropriations of the House of 
     Representatives and the Senate shall be notified at least 15 
     days in advance of any transfer.

                          (transfer of funds)

       Sec. 208.  Of the amounts made available in this Act for 
     NIH, the amount for research related to the human 
     immunodeficiency virus, as jointly determined by the Director 
     of NIH and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the PHS Act.
       Sec. 209.  None of the funds appropriated in this Act may 
     be made available to any entity under title X of the PHS Act 
     unless the applicant for the award certifies to the Secretary 
     that it encourages family participation in the decision of 
     minors to seek family planning services and that it provides 
     counseling to minors on how to resist attempts to coerce 
     minors into engaging in sexual activities.

[[Page 3545]]

       Sec. 210.  Notwithstanding any other provision of law, no 
     provider of services under title X of the PHS Act shall be 
     exempt from any State law requiring notification or the 
     reporting of child abuse, child molestation, sexual abuse, 
     rape, or incest.
       Sec. 211.  None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare Advantage program if the Secretary 
     denies participation in such program to an otherwise eligible 
     entity (including a Provider Sponsored Organization) because 
     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions:  Provided, That the Secretary shall make 
     appropriate prospective adjustments to the capitation payment 
     to such an entity (based on an actuarially sound estimate of 
     the expected costs of providing the service to such entity's 
     enrollees):  Provided further, That nothing in this section 
     shall be construed to change the Medicare program's coverage 
     for such services and a Medicare Advantage organization 
     described in this section shall be responsible for informing 
     enrollees where to obtain information about all Medicare 
     covered services.
       Sec. 212.  In order for HHS to carry out international 
     health activities, including HIV/AIDS and other infectious 
     disease, chronic and environmental disease, and other health 
     activities abroad during fiscal year 2013:
       (1) The Secretary may exercise authority equivalent to that 
     available to the Secretary of State in section 2(c) of the 
     State Department Basic Authorities Act of 1956. The Secretary 
     shall consult with the Secretary of State and relevant Chief 
     of Mission to ensure that the authority provided in this 
     section is exercised in a manner consistent with section 207 
     of the Foreign Service Act of 1980 and other applicable 
     statutes administered by the Department of State.
       (2) The Secretary is authorized to provide such funds by 
     advance or reimbursement to the Secretary of State as may be 
     necessary to pay the costs of acquisition, lease, alteration, 
     renovation, and management of facilities outside of the 
     United States for the use of HHS. The Department of State 
     shall cooperate fully with the Secretary to ensure that HHS 
     has secure, safe, functional facilities that comply with 
     applicable regulation governing location, setback, and other 
     facilities requirements and serve the purposes established by 
     this Act. The Secretary is authorized, in consultation with 
     the Secretary of State, through grant or cooperative 
     agreement, to make available to public or nonprofit private 
     institutions or agencies in participating foreign countries, 
     funds to acquire, lease, alter, or renovate facilities in 
     those countries as necessary to conduct programs of 
     assistance for international health activities, including 
     activities relating to HIV/AIDS and other infectious 
     diseases, chronic and environmental diseases, and other 
     health activities abroad.
       (3) The Secretary is authorized to provide to personnel 
     appointed or assigned by the Secretary to serve abroad, 
     allowances and benefits similar to those provided under 
     chapter 9 of title I of the Foreign Service Act of 1980, and 
     22 U.S.C. 4081 through 4086 and subject to such regulations 
     prescribed by the Secretary. The Secretary is further 
     authorized to provide locality-based comparability payments 
     (stated as a percentage) up to the amount of the locality-
     based comparability payment (stated as a percentage) that 
     would be payable to such personnel under section 5304 of 
     title 5, United States Code if such personnel's official duty 
     station were in the District of Columbia. Leaves of absence 
     for personnel under this subsection shall be on the same 
     basis as that provided under subchapter I of chapter 63 of 
     title 5, United States Code, or section 903 of the Foreign 
     Service Act of 1980, to individuals serving in the Foreign 
     Service.
       Sec. 213. (a) Authority.--Notwithstanding any other 
     provision of law, the Director of NIH (``Director'') may use 
     funds available under section 402(b)(7) or 402(b)(12) of the 
     PHS Act to enter into transactions (other than contracts, 
     cooperative agreements, or grants) to carry out research 
     identified pursuant to such section 402(b)(7) (pertaining to 
     the Common Fund) or research and activities described in such 
     section 402(b)(12).
       (b) Peer Review.--In entering into transactions under 
     subsection (a), the Director may utilize such peer review 
     procedures (including consultation with appropriate 
     scientific experts) as the Director determines to be 
     appropriate to obtain assessments of scientific and technical 
     merit. Such procedures shall apply to such transactions in 
     lieu of the peer review and advisory council review 
     procedures that would otherwise be required under sections 
     301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 
     494 of the PHS Act.
       Sec. 214.  Not to exceed $45,000,000 of funds appropriated 
     by this Act to the institutes and centers of the National 
     Institutes of Health may be used for alteration, repair, or 
     improvement of facilities, as necessary for the proper and 
     efficient conduct of the activities authorized herein, at not 
     to exceed $3,500,000 per project.

                          (transfer of funds)

       Sec. 215.  Of the amounts made available for NIH, 1 percent 
     of the amount made available for National Research Service 
     Awards (``NRSA'') shall be made available to the 
     Administrator of the Health Resources and Services 
     Administration to make NRSA awards for research in primary 
     medical care to individuals affiliated with entities who have 
     received grants or contracts under section 747 of the PHS 
     Act, and 1 percent of the amount made available for NRSA 
     shall be made available to the Director of the Agency for 
     Healthcare Research and Quality to make NRSA awards for 
     health service research.
       Sec. 216.  None of the funds made available in this title 
     may be used, in whole or in part, to advocate or promote gun 
     control.
       Sec. 217. (a) The Secretary shall publish in the fiscal 
     year 2014 budget justification and on Departmental Web sites 
     information concerning the employment of full-time equivalent 
     Federal employees or contractors for the purposes of 
     implementing, administering, enforcing, or otherwise carrying 
     out the provisions of the Patient Protection and Affordable 
     Care Act (``PPACA''), and the amendments made by that Act, in 
     the proposed fiscal year and the 3 prior fiscal years.
       (b) With respect to employees or contractors supported by 
     all funds appropriated for purposes of carrying out the PPACA 
     (and the amendments made by that Act), the Secretary shall 
     include, at a minimum, the following information:
       (1) For each such fiscal year, the section of such Act 
     under which such funds were appropriated, a statement 
     indicating the program, project, or activity receiving such 
     funds, the Federal operating division or office that 
     administers such program, and the amount of funding received 
     in discretionary or mandatory appropriations.
       (2) For each such fiscal year, the number of full-time 
     equivalent employees or contracted employees assigned to each 
     authorized and funded provision detailed in accordance with 
     paragraph (1).
       (c) In carrying out this section, the Secretary may exclude 
     from the report employees or contractors who:
       (1) Are supported through appropriations enacted in laws 
     other than PPACA and work on programs that existed prior to 
     the passage of PPACA;
       (2) spend less than 50 percent of their time on activities 
     funded by or newly authorized in PPACA;
       (3) or who work on contracts for which FTE reporting is not 
     a requirement of their contract, such as fixed-price 
     contracts.
       Sec. 218. (a) The Secretary shall establish a publicly 
     accessible Web site to provide information regarding the uses 
     of funds made available under section 4002 of Public Law 111-
     148.
       (b) With respect to funds provided under section 4002, the 
     Secretary shall include on the Web site established under 
     subsection (a) at a minimum the following information:
       (1) In the case of each transfer of funds under section 
     4002(c), a statement indicating the program or activity 
     receiving funds, the operating division or office that will 
     administer the funds, and the planned uses of the funds, to 
     be posted not later than the day after the transfer is made.
       (2) Identification (along with a link to the full text) of 
     each funding opportunity announcement, request for proposals, 
     or other announcement or solicitation of proposals for 
     grants, cooperative agreements, or contracts intended to be 
     awarded using such funds, to be posted not later than the day 
     after the announcement or solicitation is issued.
       (3) Identification of each grant, cooperative agreement, or 
     contract with a value of $25,000 or more awarded using such 
     funds, including the purpose of the award and the identity of 
     the recipient, to be posted not later than 5 days after the 
     award is made.
       (4) A report detailing the uses of all funds transferred 
     under section 4002(c) during the fiscal year, to be posted 
     not later than 90 days after the end of the fiscal year.
       (c) With respect to awards made in fiscal years 2012 and 
     2013, the Secretary shall also include on the Web site 
     established under subsection (a), semi-annual reports from 
     each entity awarded a grant, cooperative agreement, or 
     contract from such funds with a value of $25,000 or more, 
     summarizing the activities undertaken and identifying any 
     sub-grants or sub-contracts awarded (including the purpose of 
     the award and the identity of the recipient), to be posted 
     not later than 30 days after the end of each 6-month period.
       (d) In carrying out this section, the Secretary shall:
       (1) present the information required in subsection (b)(1) 
     on a single webpage or on a single database;
       (2) ensure that all information required in this section is 
     directly accessible from the single webpage or database; and
       (3) ensure that all information required in this section is 
     able to be organized by program or State.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 2013''.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965 (referred to in this Act as ``ESEA'') 
     and section

[[Page 3546]]

     418A of the Higher Education Act of 1965 (referred to in this 
     Act as ``HEA''), $15,866,609,000, of which $4,933,013,000 
     shall become available on July 1, 2013, and shall remain 
     available through September 30, 2014, and of which 
     $10,841,177,000 shall become available on October 1, 2013, 
     and shall remain available through September 30, 2014, for 
     academic year 2013-2014:  Provided, That $6,577,904,000 shall 
     be for basic grants under section 1124 of the ESEA:  Provided 
     further, That up to $3,984,000 of these funds shall be 
     available to the Secretary of Education (referred to in this 
     title as ``Secretary'') on October 1, 2012, to obtain 
     annually updated local educational agency-level census 
     poverty data from the Bureau of the Census:  Provided 
     further, That $1,362,301,000 shall be for concentration 
     grants under section 1124A of the ESEA:  Provided further, 
     That $3,350,626,000 shall be for targeted grants under 
     section 1125 of the ESEA:  Provided further, That 
     $3,350,626,000 shall be for education finance incentive 
     grants under section 1125A of the ESEA:  Provided further, 
     That funds available under sections 1124, 1124A, 1125 and 
     1125A of the ESEA may be used to provide homeless children 
     and youths with services not ordinarily provided to other 
     students under those sections, including supporting the 
     liaison designated pursuant to section 722(g)(1)(J)(ii) of 
     the McKinney-Vento Homeless Assistance Act, and providing 
     transportation pursuant to section 722(g)(1)(J)(iii) of such 
     Act:  Provided further, That $3,100,000 shall be to carry out 
     sections 1501 and 1503 of the ESEA:  Provided further, That 
     $533,552,000 shall be available for school improvement grants 
     under section 1003(g) of the ESEA, which shall be allocated 
     by the Secretary through the formula described in section 
     1003(g)(2) and shall be used consistent with the requirements 
     of section 1003(g), except that State and local educational 
     agencies may use such funds to serve any school eligible to 
     receive assistance under part A of title I that has not made 
     adequate yearly progress for at least 2 years or is in the 
     State's lowest quintile of performance based on proficiency 
     rates and, in the case of secondary schools, priority shall 
     be given to those schools with graduation rates below 60 
     percent:  Provided further, That funds available for school 
     improvement grants may be used by a local educational agency 
     to implement a whole-school reform strategy for a school 
     using an evidence-based strategy that ensures whole-school 
     reform is undertaken in partnership with a strategy developer 
     offering a whole-school reform program that is based on at 
     least a moderate level of evidence that the program will have 
     a statistically significant effect on student outcomes, 
     including more than one well-designed or well-implemented 
     experimental or quasi-experimental study:  Provided further, 
     That funds available for school improvement grants may be 
     used by a local educational agency to implement an 
     alternative State-determined school improvement strategy that 
     has been established by a State educational agency with the 
     approval of the Secretary:  Provided further, That a local 
     educational agency that is determined to be eligible for 
     services under subpart 1 or 2 of part B of title VI of the 
     ESEA may modify not more than one element of a school 
     improvement grant model:  Provided further, That 
     notwithstanding section 1003(g)(5)(A), each State educational 
     agency may establish a maximum subgrant size of not more than 
     $2,000,000 for each participating school applicable to such 
     funds:  Provided further, That the Secretary may reserve up 
     to 5 percent of the funds available for section 1003(g) of 
     the ESEA to carry out activities to build State and local 
     educational agency capacity to implement effectively the 
     school improvement grants program:  Provided further, That 
     $159,698,000 shall be available under section 1502 of the 
     ESEA for a comprehensive literacy development and education 
     program to advance literacy skills, including pre-literacy 
     skills, reading, and writing, for students from birth through 
     grade 12, including limited-English-proficient students and 
     students with disabilities, of which one-half of 1 percent 
     shall be reserved for the Secretary of the Interior for such 
     a program at schools funded by the Bureau of Indian 
     Education, one-half of 1 percent shall be reserved for grants 
     to the outlying areas for such a program, up to 5 percent may 
     be reserved for national activities, and the remainder shall 
     be used to award competitive grants to State educational 
     agencies for such a program, of which a State educational 
     agency may reserve up to 5 percent for State leadership 
     activities, including technical assistance and training, data 
     collection, reporting, and administration, and shall subgrant 
     not less than 95 percent to local educational agencies or, in 
     the case of early literacy, to local educational agencies or 
     other nonprofit providers of early childhood education that 
     partner with a public or private nonprofit organization or 
     agency with a demonstrated record of effectiveness in 
     improving the early literacy development of children from 
     birth through kindergarten entry and in providing 
     professional development in early literacy, giving priority 
     to such agencies or other entities serving greater numbers or 
     percentages of disadvantaged children:  Provided further, 
     That the State educational agency shall ensure that at least 
     15 percent of the subgranted funds are used to serve children 
     from birth through age 5, 40 percent are used to serve 
     students in kindergarten through grade 5, and 40 percent are 
     used to serve students in middle and high school including an 
     equitable distribution of funds between middle and high 
     schools:  Provided further, That eligible entities receiving 
     subgrants from State educational agencies shall use such 
     funds for services and activities that have the 
     characteristics of effective literacy instruction through 
     professional development, screening and assessment, targeted 
     interventions for students reading below grade level and 
     other research-based methods of improving classroom 
     instruction and practice.

                               Impact Aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VIII of the 
     ESEA, $1,311,186,000, of which $1,173,540,000 shall be for 
     basic support payments under section 8003(b), $48,413,000 
     shall be for payments for children with disabilities under 
     section 8003(d), $17,441,000 shall be for construction under 
     section 8007(a), $66,947,000 shall be for Federal property 
     payments under section 8002, and $4,845,000, to remain 
     available until expended, shall be for facilities maintenance 
     under section 8008:  Provided, That for purposes of computing 
     the amount of a payment for an eligible local educational 
     agency under section 8003(a) for school year 2012-2013, 
     children enrolled in a school of such agency that would 
     otherwise be eligible for payment under section 8003(a)(1)(B) 
     of such Act, but due to the deployment of both parents or 
     legal guardians, or a parent or legal guardian having sole 
     custody of such children, or due to the death of a military 
     parent or legal guardian while on active duty (so long as 
     such children reside on Federal property as described in 
     section 8003(a)(1)(B)), are no longer eligible under such 
     section, shall be considered as eligible students under such 
     section, provided such students remain in average daily 
     attendance at a school in the same local educational agency 
     they attended prior to their change in eligibility status.

                      School Improvement Programs

       For carrying out school improvement activities authorized 
     by parts A and B of title II, part B of title IV, parts A and 
     B of title VI, and parts B and C of title VII of the ESEA; 
     the McKinney-Vento Homeless Assistance Act; section 203 of 
     the Educational Technical Assistance Act of 2002; the Compact 
     of Free Association Amendments Act of 2003; and the Civil 
     Rights Act of 1964, $4,554,096,000, of which $2,729,595,000 
     shall become available on July 1, 2013, and remain available 
     through September 30, 2014, and of which $1,681,441,000 shall 
     become available on October 1, 2013, and shall remain 
     available through September 30, 2014, for academic year 2013-
     2014:  Provided, That funds made available to carry out part 
     B of title VII of the ESEA may be used for construction, 
     renovation, and modernization of any elementary school, 
     secondary school, or structure related to an elementary 
     school or secondary school, run by the Department of 
     Education of the State of Hawaii, that serves a predominantly 
     Native Hawaiian student body:  Provided further, That funds 
     made available to carry out part C of title VII of the ESEA 
     shall be awarded on a competitive basis, and also may be used 
     for construction:  Provided further, That $51,113,000 shall 
     be available to carry out section 203 of the Educational 
     Technical Assistance Act of 2002:  Provided further, That 
     $17,619,000 shall be available to carry out the Supplemental 
     Education Grants program for the Federated States of 
     Micronesia and the Republic of the Marshall Islands:  
     Provided further, That up to 5 percent of the amount referred 
     to in the previous proviso may be reserved by the Federated 
     States of Micronesia and the Republic of the Marshall Islands 
     to administer the Supplemental Education Grants programs and 
     to obtain technical assistance, oversight and consultancy 
     services in the administration of these grants and to 
     reimburse the United States Departments of Labor, Health and 
     Human Services, and Education for such services:  Provided 
     further, That up to 3 percent of the funds for subpart 1 of 
     part A of title II of the ESEA shall be reserved by the 
     Secretary for competitive awards for teacher or principal 
     recruitment and training or professional enhancement 
     activities to national not-for-profit organizations, of which 
     up to 10 percent may be used for related research, 
     development, evaluation, technical assistance, and outreach 
     activities.

                            Indian Education

       For expenses necessary to carry out, to the extent not 
     otherwise provided, title VII, part A of the ESEA, 
     $130,779,000.

                       Innovation and Improvement

       For carrying out activities authorized by part G of title 
     I, subpart 5 of part A and parts C and D of title II, parts 
     B, C, and D of title V of the ESEA, and sections 14006 and 
     14007 of division A of the American Recovery and Reinvestment 
     Act of 2009, as amended, $1,524,441,000:  Provided, That the 
     Secretary may use up to $549,284,000, which shall remain 
     available for obligation through December 31, 2013, for 
     section 14006 of division A of Public Law 111-5, as amended, 
     to make awards (including on the basis of previously 
     submitted applications) to State educational

[[Page 3547]]

     agencies, local educational agencies, or consortia of either, 
     in accordance with the applicable requirements of that 
     section, as determined by the Secretary, and may use up to 5 
     percent of such funds for technical assistance and evaluation 
     of the activities carried out under that section:  Provided 
     further, That the Secretary shall make new awards for State 
     grants for improving early childhood care and education for 
     infants, toddlers, and pre-schoolers under such section and 
     shall administer such grants jointly with the Secretary of 
     HHS on such terms as such Secretaries set forth in an 
     interagency agreement:  Provided further, That up to 
     $149,417,000 shall be available for obligation through 
     December 31, 2013 for section 14007 of division A of Public 
     Law 111-5, and up to 5 percent of such funds may be used for 
     technical assistance and the evaluation of activities carried 
     out under such section:  Provided further, That $299,433,000 
     of the funds for subpart 1 of part D of title V of the ESEA 
     shall be for competitive grants to local educational 
     agencies, including charter schools that are local 
     educational agencies, or States, or partnerships of: (1) a 
     local educational agency, a State, or both; and (2) at least 
     one non-profit organization to develop and implement 
     performance-based compensation systems for teachers, 
     principals, and other personnel in high-need schools:  
     Provided further, That such performance-based compensation 
     systems must consider gains in student academic achievement 
     as well as classroom evaluations conducted multiple times 
     during each school year among other factors and provide 
     educators with incentives to take on additional 
     responsibilities and leadership roles:  Provided further, 
     That recipients of such grants shall demonstrate that such 
     performance-based compensation systems are developed with the 
     input of teachers and school leaders in the schools and local 
     educational agencies to be served by the grant:  Provided 
     further, That recipients of such grants may use such funds to 
     develop or improve systems and tools (which may be developed 
     and used for the entire local educational agency or only for 
     schools served under the grant) that would enhance the 
     quality and success of the compensation system, such as high-
     quality teacher evaluations and tools to measure growth in 
     student achievement:  Provided further, That applications for 
     such grants shall include a plan to sustain financially the 
     activities conducted and systems developed under the grant 
     once the grant period has expired:  Provided further, That up 
     to 5 percent of such funds for competitive grants shall be 
     available for technical assistance, training, peer review of 
     applications, program outreach, and evaluation activities:  
     Provided further, That of the funds available for part B of 
     title V of the ESEA, the Secretary shall use not less than 
     $16,000,000 to carry out activities under section 5205(b) and 
     shall use not less than $11,000,000 for subpart 2:  Provided 
     further, That of the funds available for subpart 1 of part B 
     of title V of the ESEA, and notwithstanding section 5205(a), 
     the Secretary shall reserve not less than $30,000,000 to make 
     multiple awards to non-profit charter management 
     organizations and other entities that are not for-profit 
     entities for the replication and expansion of successful 
     charter school models and shall reserve up to $14,082,000 to 
     carry out the activities described in section 5205(a), 
     including improving quality and oversight of charter schools 
     and providing technical assistance and grants to authorized 
     public chartering agencies in order to increase the number of 
     high-performing charter schools:  Provided further, That each 
     application submitted pursuant to section 5203(a) shall 
     describe a plan to monitor and hold accountable authorized 
     public chartering agencies through such activities as 
     providing technical assistance or establishing a professional 
     development program, which may include evaluation, planning, 
     training, and systems development for staff of authorized 
     public chartering agencies to improve the capacity of such 
     agencies in the State to authorize, monitor, and hold 
     accountable charter schools:  Provided further, That each 
     application submitted pursuant to section 5203(a) shall 
     contain assurances that State law, regulations, or other 
     policies require that: (1) each authorized charter school in 
     the State operate under a legally binding charter or 
     performance contract between itself and the school's 
     authorized public chartering agency that describes the rights 
     and responsibilities of the school and the public chartering 
     agency, including student academic achievement goals for all 
     groups of students described in section 1111(b)(2)(C)(v) of 
     the ESEA; conduct annual, timely, and independent audits of 
     the school's financial statements that are filed with the 
     school's authorized public chartering agency; and demonstrate 
     improved student academic achievement; and (2) authorized 
     public chartering agencies use increases in student academic 
     achievement for all groups of students described in section 
     1111(b)(2)(C)(v) of the ESEA as the primary factor when 
     determining to renew or revoke a school's charter:  Provided 
     further, That each application submitted pursuant to section 
     5203(a) may use the funds to make multiple awards for 
     subgrants to not-for-profit charter management organizations 
     and other not-for-profit entities for the replication and 
     expansion of successful charter school models, in addition to 
     supporting new charter schools models.

                 Safe Schools and Citizenship Education

       For carrying out activities authorized by part A of title 
     IV and subparts 1, 2, and 10 of part D of title V of the 
     ESEA, $259,589,000:  Provided, That $48,600,000 shall be 
     available for subpart 2 of part A of title IV:  Provided 
     further, That $80,000,000 shall be available for Promise 
     Neighborhoods and shall be available through December 31, 
     2013.

                      English Language Acquisition

       For carrying out part A of title III of the ESEA, 
     $732,144,000, which shall become available on July 1, 2013, 
     and shall remain available through September 30, 2014, except 
     that 6.5 percent of such amount shall be available on October 
     1, 2012, and shall remain available through September 30, 
     2014, to carry out activities under section 3111(c)(1)(C):  
     Provided, That the Secretary shall use estimates of the 
     American Community Survey child counts for the most recent 3-
     year period available to calculate allocations under such 
     part.

                           Special Education

       For carrying out the Individuals with Disabilities 
     Education Act (``IDEA'') and the Special Olympics Sport and 
     Empowerment Act of 2004, $12,790,709,000, of which 
     $3,259,828,000 shall become available on July 1, 2013, and 
     shall remain available through September 30, 2014, and of 
     which $9,283,383,000 shall become available on October 1, 
     2013, and shall remain available through September 30, 2014, 
     for academic year 2013-2014:  Provided, That the amount for 
     section 611(b)(2) of the IDEA shall be equal to the lesser of 
     the amount available for that activity during fiscal year 
     2012, increased by the amount of inflation as specified in 
     section 619(d)(2)(B) of the IDEA, or the percent change in 
     the funds appropriated under section 611(i) of the IDEA, but 
     not less than the amount for that activity during fiscal year 
     2012:  Provided further, That the Secretary shall, without 
     regard to section 611(d) of the IDEA, distribute to all other 
     States (as that term is defined in section 611(g)(2)), 
     subject to the third proviso, any amount by which a State's 
     allocation under section 611(d), from funds appropriated 
     under this heading, is reduced under section 612(a)(18)(B), 
     according to the following: 85 percent on the basis of the 
     States' relative populations of children aged 3 through 21 
     who are of the same age as children with disabilities for 
     whom the State ensures the availability of a free appropriate 
     public education under this part, and 15 percent to States on 
     the basis of the States' relative populations of those 
     children who are living in poverty:  Provided further, That 
     the Secretary may not distribute any funds under the previous 
     proviso to any State whose reduction in allocation from funds 
     appropriated under this heading made funds available for such 
     a distribution:  Provided further, That the States shall 
     allocate such funds distributed under the second proviso to 
     local educational agencies in accordance with section 611(f): 
      Provided further, That the amount by which a State's 
     allocation under section 611(d) of the IDEA is reduced under 
     section 612(a)(18)(B) and the amounts distributed to States 
     under the previous provisos from funds appropriated for 
     fiscal year 2012 or any subsequent year shall not be 
     considered in calculating the awards under section 611(d) for 
     fiscal year 2013 or for any subsequent fiscal years:  
     Provided further, That the funds reserved under 611(c) of the 
     IDEA may be used to provide technical assistance to States to 
     improve the capacity of the States to meet the data 
     collection requirements of sections 616 and 618 and to 
     administer and carry out other services and activities to 
     improve data collection, coordination, quality, and use under 
     parts B and C of the IDEA:  Provided further, That the level 
     of effort a local educational agency must meet under section 
     613(a)(2)(A)(iii) of the IDEA, in the year after it fails to 
     maintain effort is the level of effort that would have been 
     required in the absence of that failure and not the local 
     educational agency's reduced level of expenditures:  Provided 
     further, That the Secretary may, notwithstanding section 
     643(e)(1) of the IDEA, reserve up to $2,710,000 of the amount 
     provided under section 644 for incentive grants to States to 
     carry out section 635(c):  Provided further, That $1,996,000, 
     to remain available for obligation through September 30, 
     2014, shall be for competitive grants to States, incentive 
     payments, and related activities as may be necessary to 
     improve the provision and coordination of services and 
     supports for Supplemental Security Income (``SSI'') child 
     recipients and their families or households in order to 
     achieve improved outcomes, including both physical and 
     emotional health, education and post-school outcomes, such as 
     completing postsecondary education and job training and 
     obtaining employment, that may result in long-term 
     improvements in the SSI child recipient's economic self-
     sufficiency:  Provided further, That States may award 
     subgrants for a portion of the funds to other public and 
     private, non-profit entities: Provided further, That funds 
     provided in the ninth proviso may be used for performance-
     based awards for Pay for Success projects:  Provided further, 
     That, with respect to the previous proviso, any funds 
     obligated for such projects shall remain available for 
     disbursement until expended, notwithstanding 31 U.S.C. 
     1552(a):

[[Page 3548]]

      Provided further, That, with respect to the twelfth proviso, 
     any deobligated funds from such projects shall immediately be 
     available for section 611 of the IDEA.

            Rehabilitation Services and Disability Research

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973, the Assistive Technology Act of 
     1998, and the Helen Keller National Center Act, 
     $3,624,226,000:  Provided, That the Secretary may use amounts 
     provided in this Act that remain available subsequent to the 
     reallotment of funds to States pursuant to section 110(b) of 
     the Rehabilitation Act for activities aimed at improving the 
     outcomes of children receiving Supplemental Security Income 
     (SSI) and their families that may result in long-term 
     improvement in the SSI child recipient's economic status and 
     self-sufficiency:  Provided further, That States may award 
     subgrants for a portion of the funds to other public and 
     private, non-profit entities:  Provided further, That any 
     funds made available subsequent to reallotment for activities 
     aimed at improving the outcomes of children receiving SSI and 
     their families shall remain available until September 30, 
     2014:  Provided further, That not to exceed $20,000,000 of 
     the amounts made available in the first proviso may be used 
     for performance-based awards for Pay for Success projects:  
     Provided further, That, with respect to the previous proviso, 
     any funds obligated for such projects shall remain available 
     for disbursement until expended, notwithstanding 31 U.S.C. 
     1552(a):  Provided further, That, with respect to the fifth 
     proviso, any deobligated funds from such projects shall 
     immediately be available for programs authorized under the 
     Rehabilitation Act of 1973:  Provided further, That 
     $2,000,000 shall be for competitive grants to support 
     alternative financing programs that provide for the purchase 
     of assistive technology devices, such as a low-interest loan 
     fund; an interest buy-down program; a revolving loan fund; a 
     loan guarantee; or insurance program:  Provided further, That 
     applicants shall provide an assurance that, and information 
     describing the manner in which, the alternative financing 
     program will expand and emphasize consumer choice and 
     control:  Provided further, That State agencies and 
     community-based disability organizations that are directed by 
     and operated for individuals with disabilities shall be 
     eligible to compete.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

       For carrying out the Act of March 3, 1879, $24,505,000.

               national technical institute for the deaf

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986, 
     $65,422,000:  Provided, That from the total amount available, 
     the Institute may at its discretion use funds for the 
     endowment program as authorized under section 207 of such 
     Act.

                          gallaudet university

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986, $124,541,000, of which $7,000,000 
     shall be for construction and shall remain available until 
     expended:  Provided, That from the total amount available, 
     the University may at its discretion use funds for the 
     endowment program as authorized under section 207 of such 
     Act.

                 Career, Technical, and Adult Education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Career and Technical Education Act of 2006 
     and the Adult Education and Family Literacy Act (referred to 
     in this Act as the ``AEFLA''), $1,737,154,000, of which 
     $946,154,000 shall become available on July 1, 2013, and 
     shall remain available through September 30, 2014, and of 
     which $791,000,000 shall become available on October 1, 2013, 
     and shall remain available through September 30, 2014:  
     Provided, That of the amount provided for Adult Education 
     State Grants, $74,709,000 shall be made available for 
     integrated English literacy and civics education services to 
     immigrants and other limited-English-proficient populations:  
     Provided further, That of the amount reserved for integrated 
     English literacy and civics education, notwithstanding 
     section 211 of the AEFLA, 65 percent shall be allocated to 
     States based on a State's absolute need as determined by 
     calculating each State's share of a 10-year average of the 
     United States Citizenship and Immigration Services data for 
     immigrants admitted for legal permanent residence for the 10 
     most recent years, and 35 percent allocated to States that 
     experienced growth as measured by the average of the 3 most 
     recent years for which United States Citizenship and 
     Immigration Services data for immigrants admitted for legal 
     permanent residence are available, except that no State shall 
     be allocated an amount less than $60,000:  Provided further, 
     That of the amounts made available for AEFLA, $11,302,000 
     shall be for national leadership activities under section 
     243.

                      Student Financial Assistance

       For carrying out subparts 1 and 3 of part A, and part C of 
     title IV of the HEA, $24,535,281,000, which shall remain 
     available through September 30, 2014.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 2013-2014 shall be $4,860.

                       Student Aid Administration

       For Federal administrative expenses to carry out part D of 
     title I, and subparts 1, 3, and 9 of part A, and parts B, C, 
     D, and E of title IV of the HEA, $1,105,363,000, to remain 
     available until September 30, 2014.

                            Higher Education

       For carrying out, to the extent not otherwise provided, 
     titles II, III, IV, V, VI, VII, and VIII of the HEA, the 
     Mutual Educational and Cultural Exchange Act of 1961, and 
     section 117 of the Carl D. Perkins Career and Technical 
     Education Act of 2006, $1,911,502,000:  Provided, That 
     $607,000 shall be for data collection and evaluation 
     activities for programs under the HEA, including such 
     activities needed to comply with the Government Performance 
     and Results Act of 1993:  Provided further, That 
     notwithstanding any other provision of law, funds made 
     available in this Act to carry out title VI of the HEA and 
     section 102(b)(6) of the Mutual Educational and Cultural 
     Exchange Act of 1961 may be used to support visits and study 
     in foreign countries by individuals who are participating in 
     advanced foreign language training and international studies 
     in areas that are vital to United States national security 
     and who plan to apply their language skills and knowledge of 
     these countries in the fields of government, the professions, 
     or international development:  Provided further, That of the 
     funds referred to in the preceding proviso up to 1 percent 
     may be used for program evaluation, national outreach, and 
     information dissemination activities:  Provided further, 
     That, of the amount available under subpart 2 of part A of 
     title VII of the HEA, the Secretary may use up to $4,451,000 
     to fund continuation awards for projects originally supported 
     under subpart 1 of part A of title VII of the HEA.

                           Howard University

       For partial support of Howard University, $234,064,000, of 
     which not less than $3,593,000 shall be for a matching 
     endowment grant pursuant to the Howard University Endowment 
     Act and shall remain available until expended.

         College Housing and Academic Facilities Loans Program

       For Federal administrative expenses to carry out activities 
     related to existing facility loans pursuant to section 121 of 
     the HEA, $459,000.

  Historically Black College and University Capital Financing Program 
                                Account

       For the cost of guaranteed loans, $20,150,000, as 
     authorized pursuant to part D of title III of the HEA, which 
     shall remain available through September 30, 2014:  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 these funds are 
     available to subsidize total loan principal, any part of 
     which is to be guaranteed, not to exceed $320,350,000:  
     Provided further, That these funds may be used to support 
     loans to public and private Historically Black Colleges and 
     Universities without regard to the limitations within section 
     344(a) of the HEA.
       In addition, for administrative expenses to carry out the 
     Historically Black College and University Capital Financing 
     Program entered into pursuant to part D of title III of the 
     HEA, $352,000.

                    Institute of Education Sciences

       For carrying out activities authorized by the Education 
     Sciences Reform Act of 2002, the National Assessment of 
     Educational Progress Authorization Act, section 208 of the 
     Educational Technical Assistance Act of 2002, and section 664 
     of the Individuals with Disabilities Education Act, 
     $591,664,000, which shall remain available through September 
     30, 2014:  Provided, That funds available to carry out 
     section 208 of the Educational Technical Assistance Act may 
     be used to link Statewide elementary and secondary data 
     systems with early childhood, postsecondary, and workforce 
     data systems, or to further develop such systems:  Provided 
     further, That up to $10,000,000 of the funds available to 
     carry out section 208 of the Educational Technical Assistance 
     Act may be used for awards to public or private organizations 
     or agencies to support activities to improve data 
     coordination, quality, and use at the local, State, and 
     national levels.

                        Departmental Management

                         program administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia and hire of 
     three passenger motor vehicles, $448,470,000, of which 
     $2,211,000, to remain available until expended, shall be for 
     relocation of, and renovation of buildings occupied by, 
     Department staff.

                        office for civil rights

       For expenses necessary for the Office for Civil Rights, as 
     authorized by section 203 of the Department of Education 
     Organization Act, $102,624,000.

                    office of the inspector general

       For expenses necessary for the Office of the Inspector 
     General, as authorized by section

[[Page 3549]]

     212 of the Department of Education Organization Act, 
     $59,820,000.

                           General Provisions

       Sec. 301.  No funds appropriated in this Act may be used 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     overcome racial imbalance in any school or school system, or 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     carry out a plan of racial desegregation of any school or 
     school system.
       Sec. 302.  None of the funds contained in this Act shall be 
     used to require, directly or indirectly, the transportation 
     of any student to a school other than the school which is 
     nearest the student's home, except for a student requiring 
     special education, to the school offering such special 
     education, in order to comply with title VI of the Civil 
     Rights Act of 1964. For the purpose of this section an 
     indirect requirement of transportation of students includes 
     the transportation of students to carry out a plan involving 
     the reorganization of the grade structure of schools, the 
     pairing of schools, or the clustering of schools, or any 
     combination of grade restructuring, pairing, or clustering. 
     The prohibition described in this section does not include 
     the establishment of magnet schools.
       Sec. 303.  No funds appropriated in this Act may be used to 
     prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.

                          (transfer of funds)

       Sec. 304.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the 
     Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer:  
     Provided, That the transfer authority granted by this section 
     shall not be used to create any new program or to fund any 
     project or activity for which no funds are provided in this 
     Act:  Provided further, That the Committees on Appropriations 
     of the House of Representatives and the Senate are notified 
     at least 15 days in advance of any transfer.
       Sec. 305.  The Outlying Areas may consolidate funds 
     received under this Act, pursuant to 48 U.S.C. 1469a, under 
     part A of title V of the ESEA.
       Sec. 306.  Section 105(f)(1)(B)(ix) of the Compact of Free 
     Association Amendments Act of 2003 (48 U.S.C. 
     1921d(f)(1)(B)(ix)) shall be applied by substituting ``2013'' 
     for ``2009''.
       Sec. 307. (a) Section 206 of the Department of Education 
     Organization Act (20 U.S.C. 3416) is amended--
       (1) by striking out the heading and inserting ``Office of 
     Career, Technical, and Adult Education'';
       (2) by striking out ``Office of Vocational and Adult 
     Education'' and inserting ``Office of Career, Technical, and 
     Adult Education'';
       (3) by striking out ``Assistant Secretary for Vocational 
     and Adult Education'' and inserting ``Assistant Secretary for 
     Career, Technical, and Adult Education''; and
       (4) by striking out ``vocational and adult education'' each 
     place it appears and inserting ``career, technical, and adult 
     education''.
       (b) Section 202 of the Department of Education Organization 
     Act (20 U.S.C. 3412) is amended--
       (1) in subsection (b)(1)(C), by striking out ``Assistant 
     Secretary for Vocational and Adult Education'' and inserting 
     ``Assistant Secretary for Career, Technical, and Adult 
     Education''; and
       (2) in subsection (h), by striking out ``Assistant 
     Secretary for Vocational and Adult Education'' each place it 
     appears and inserting ``Assistant Secretary for Career, 
     Technical, and Adult Education''.
       (c) Section 1 of the Department of Education Organization 
     Act (20 U.S.C. 3401 note) is amended by striking out the 
     entry for section 206 and inserting ``Sec. 206. Office of 
     Career, Technical, and Adult Education.''.
       (d) Section 114(b)(1) of the Carl D. Perkins Career and 
     Technical Education Act of 2006 (20 U.S.C. 2324(b)(1)) is 
     amended by striking out ``Office of Vocational and Adult 
     Education'' and inserting ``Office of Career, Technical, and 
     Adult Education''.
       Sec. 308. (a) Student Eligibility.--
       (1) Subsection (d) of section 484 of the HEA (20 U.S.C. 
     1091) is amended to read as follows:
       ``(d) Students Who Are Not High School Graduates.--
       ``(1) Student eligibility.--In order for a student who does 
     not have a certificate of graduation from a school providing 
     secondary education, or the recognized equivalent of such 
     certificate, to be eligible for any assistance under subparts 
     1 and 3 of part A and parts B, C, D, and E of this title, the 
     student shall meet the requirements of one of the following 
     subparagraphs:
       ``(A) The student is enrolled in an eligible career pathway 
     program and meets one of the following standards:
       ``(i) The student shall take an independently administered 
     examination and shall achieve a score, specified by the 
     Secretary, demonstrating that such student can benefit from 
     the education or training being offered. Such examination 
     shall be approved by the Secretary on the basis of compliance 
     with such standards for development, administration, and 
     scoring as the Secretary may prescribe in regulations.
       ``(ii) The student shall be determined as having the 
     ability to benefit from the education or training in 
     accordance with such process as the State shall prescribe. 
     Any such process described or approved by a State for the 
     purposes of this section shall be effective 6 months after 
     the date of submission to the Secretary unless the Secretary 
     disapproves such process. In determining whether to approve 
     or disapprove such process, the Secretary shall take into 
     account the effectiveness of such process in enabling 
     students without high school diplomas or the equivalent 
     thereof to benefit from the instruction offered by 
     institutions utilizing such process, and shall also take into 
     account the cultural diversity, economic circumstances, and 
     educational preparation of the populations served by the 
     institutions.
       ``(iii) The student shall be determined by the institution 
     of higher education as having the ability to benefit from the 
     education or training offered by the institution of higher 
     education upon satisfactory completion of 6 credit hours or 
     the equivalent coursework that are applicable toward a degree 
     or certificate offered by the institution of higher 
     education.
       ``(B) The student has completed a secondary school 
     education in a home school setting that is treated as a home 
     school or private school under State law.
       ``(2) Eligible career pathway program.--In this subsection, 
     the term `eligible career pathway program' means a program 
     that--
       ``(A) concurrently enrolls participants in connected adult 
     education and eligible postsecondary programs;
       ``(B) provides counseling and supportive services to 
     identify and attain academic and career goals;
       ``(C) provides structured course sequences that--
       ``(i) are articulated and contextualized; and
       ``(ii) allow students to advance to higher levels of 
     education and employment;
       ``(D) provides opportunities for acceleration to attain 
     recognized postsecondary credentials, including degrees, 
     industry relevant certifications, and certificates of 
     completion of apprenticeship programs;
       ``(E) is organized to meet the needs of adults;
       ``(F) is aligned with the education and skill needs of the 
     regional economy; and
       ``(G) has been developed and implemented in collaboration 
     with partners in business, workforce development, and 
     economic development.''.
       (2) Effective date and transition.--The amendment made by 
     paragraph (1) shall take effect as if such amendment was 
     enacted on June 30, 2012, and shall apply to students who 
     first enroll in a program of study during the period 
     beginning July 1, 2012, and ending June 30, 2019.
       (3) Repeal.--Effective June 30, 2012, section 309(c) of 
     division F of the Consolidated Appropriations Act, 2012 (20 
     U.S.C. 1091 note), and the amendments made by such section 
     309(c), are repealed.
       (b) Special Rules for Certain Not-for-profit Servicers.--
     Section 456(a) of the HEA (20 U.S.C. 1087f(a)) is amended by 
     adding at the end the following:
       ``(5) Special rule for not-for-profit servicers with 
     affiliates.--Notwithstanding any other provision of this 
     section, only an eligible not-for-profit servicer described 
     in clause (i) or (ii) of subsection (c)(1)(B) shall receive a 
     contract with the Secretary under paragraph (4)(A), and an 
     allocation under paragraph (4)(B), except that, if an 
     eligible not-for-profit servicer so described is also a 
     corporation described in subparagraphs (A) and (B) of section 
     150(d)(2) of the Internal Revenue Code of 1986, then the 
     affiliated entity of that servicer (described in subsection 
     (c)(1)(B)(ii)) shall receive the contract with the Secretary 
     under paragraph (4)(A), and an allocation under paragraph 
     (4)(B), rather than the eligible not-for-profit servicer 
     described in clause (i) or (ii) of subsection (c)(1)(B).
       ``(6) Special rule for not-for-profit servicers with shared 
     management or common control.--Notwithstanding any other 
     provision of this section, in the case of entities that 
     otherwise meet the definition of an eligible not-for-profit 
     servicer under this section but 2 or more of the same 
     individuals serve as part of the management, board of 
     directors, or other governing body of more than one such 
     entity, or the Secretary determines that one entity controls, 
     is controlled by, or is under common control with, another 
     such entity, all such entities with that shared management or 
     control shall receive one aggregate allocation under 
     paragraph (4)(B) and be treated for purposes of paragraph (4) 
     as though all of such entities were a single eligible not-
     for-profit servicer.''.
       Sec. 309.  Section 307 of division F of the Consolidated 
     Appropriations Act of 2012 (Public Law 112-74) shall continue 
     in effect until March 27, 2013.
       Sec. 310.  The Secretary may reserve funds under section 
     9601 of the ESEA (subject to the limitations in subsections 
     (b) and (c) of that section) in order to carry out activities 
     authorized under that section with respect to any ESEA 
     program funded in this Act and

[[Page 3550]]

     without respect to the source of funds for those activities:  
     Provided, That not later than 10 days prior to the initial 
     obligation of funds reserved under this section, the 
     Secretary shall submit an evaluation plan to the Senate 
     Committees on Appropriations and Health, Education, Labor and 
     Pensions and the House Committees on Appropriations and 
     Education and Workforce which identifies the source and 
     amount of funds reserved under this section, the impact on 
     program grantees if funds are withheld, and the programs to 
     be evaluated with such funds.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 2013''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

       For expenses necessary for the Committee for Purchase From 
     People Who Are Blind or Severely Disabled established by 
     Public Law 92-28, $5,375,000.

             Corporation for National and Community Service

                           operating expenses

       For necessary expenses for the Corporation for National and 
     Community Service (referred to in this title as ``CNCS'') to 
     carry out the Domestic Volunteer Service Act of 1973 
     (referred to in this title as ``1973 Act'') and the National 
     and Community Service Act of 1990 (referred to in this title 
     as ``1990 Act''), $749,846,000, notwithstanding sections 
     198B(b)(3), 198S(g), 501(a)(6), 501(a)(4)(C), and 
     501(a)(4)(F) of the 1990 Act:  Provided, That of the amounts 
     provided under this heading: (1) up to 1 percent of program 
     grant funds may be used to defray the costs of conducting 
     grant application reviews, including the use of outside peer 
     reviewers and electronic management of the grants cycle; (2) 
     $44,815,000 shall be available for expenses authorized under 
     section 501(a)(4)(E) of the 1990 Act; (3) $15,437,000 shall 
     be available to provide assistance to State commissions on 
     national and community service, under section 126(a) of the 
     1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 
     Act; (4) $30,742,000 shall be available to carry out subtitle 
     E of the 1990 Act; and (5) $3,992,000 shall be available for 
     expenses authorized under section 501(a)(4)(F) of the 1990 
     Act, which, notwithstanding the provisions of section 198P 
     shall be awarded by CNCS on a competitive basis.

                 payment to the national service trust

                     (including transfer of funds)

       For payment to the National Service Trust established under 
     subtitle D of title I of the 1990 Act, $208,744,000, to 
     remain available until expended:  Provided, That CNCS may 
     transfer additional funds from the amount provided within 
     ``Operating Expenses'' allocated to grants under subtitle C 
     of title I of the 1990 Act to the National Service Trust upon 
     determination that such transfer is necessary to support the 
     activities of national service participants and after notice 
     is transmitted to the Committees on Appropriations of the 
     House of Representatives and the Senate:  Provided further, 
     That amounts appropriated for or transferred to the National 
     Service Trust may be invested under section 145(b) of the 
     1990 Act without regard to the requirement to apportion funds 
     under 31 U.S.C. 1513(b).

                         salaries and expenses

       For necessary expenses of administration as provided under 
     section 501(a)(5) of the 1990 Act and under section 504(a) of 
     the 1973 Act, including payment of salaries, authorized 
     travel, hire of passenger motor vehicles, the rental of 
     conference rooms in the District of Columbia, the employment 
     of experts and consultants authorized under 5 U.S.C. 3109, 
     and not to exceed $2,500 for official reception and 
     representation expenses, $85,886,000.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, 
     $5,400,000.

                       administrative provisions

       Sec. 401.  CNCS shall make any significant changes to 
     program requirements, service delivery or policy only through 
     public notice and comment rulemaking. For fiscal year 2013, 
     during any grant selection process, an officer or employee of 
     CNCS shall not knowingly disclose any covered grant selection 
     information regarding such selection, directly or indirectly, 
     to any person other than an officer or employee of CNCS that 
     is authorized by CNCS to receive such information.
       Sec. 402.  AmeriCorps programs receiving grants under the 
     National Service Trust program shall meet an overall minimum 
     share requirement of 24 percent for the first 3 years that 
     they receive AmeriCorps funding, and thereafter shall meet 
     the overall minimum share requirement as provided in section 
     2521.60 of title 45, Code of Federal Regulations, without 
     regard to the operating costs match requirement in section 
     121(e) or the member support Federal share limitations in 
     section 140 of the 1990 Act, and subject to partial waiver 
     consistent with section 2521.70 of title 45, Code of Federal 
     Regulations.
       Sec. 403.  Donations made to CNCS under section 196 of the 
     1990 Act for the purposes of financing programs and 
     operations under titles I and II of the 1973 Act or subtitle 
     B, C, D, or E of title I of the 1990 Act shall be used to 
     supplement and not supplant current programs and operations.
       Sec. 404.  In addition to the requirements in section 
     146(a) of the 1990 Act, use of an educational award for the 
     purpose described in section 148(a)(4) shall be limited to 
     individuals who are veterans as defined under section 101 of 
     the Act.

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting 
     (``CPB''), as authorized by the Communications Act of 1934, 
     an amount which shall be available within limitations 
     specified by that Act, for the fiscal year 2015, 
     $445,000,000:  Provided, That none of the funds made 
     available to CPB by this Act shall be used to pay for 
     receptions, parties, or similar forms of entertainment for 
     Government officials or employees:  Provided further, That 
     none of the funds made available to CPB by this Act shall be 
     available or used to aid or support any program or activity 
     from which any person is excluded, or is denied benefits, or 
     is discriminated against, on the basis of race, color, 
     national origin, religion, or sex:  Provided further, That 
     none of the funds made available to CPB by this Act shall be 
     used to apply any political test or qualification in 
     selecting, appointing, promoting, or taking any other 
     personnel action with respect to officers, agents, and 
     employees of CPB:  Provided further, That none of the funds 
     made available to CPB by this Act shall be used to support 
     the Television Future Fund or any similar purpose.

               Federal Mediation and Conciliation Service

                         salaries and expenses

       For expenses necessary for the Federal Mediation and 
     Conciliation Service (``Service'') to carry out the functions 
     vested in it by the Labor-Management Relations Act, 1947, 
     including hire of passenger motor vehicles; for expenses 
     necessary for the Labor-Management Cooperation Act of 1978; 
     and for expenses necessary for the Service to carry out the 
     functions vested in it by the Civil Service Reform Act, 
     $46,163,000, including $400,000 to remain available through 
     September 30, 2014, for activities authorized by the Labor-
     Management Cooperation Act of 1978: Provided, That 
     notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost 
     recovery, for special training activities and other conflict 
     resolution services and technical assistance, including those 
     provided to foreign governments and international 
     organizations, and for arbitration services shall be credited 
     to and merged with this account, and shall remain available 
     until expended:  Provided further, That fees for arbitration 
     services shall be available only for education, training, and 
     professional development of the agency workforce:  Provided 
     further, That the Director of the Service is authorized to 
     accept and use on behalf of the United States gifts of 
     services and real, personal, or other property in the aid of 
     any projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

       For expenses necessary for the Federal Mine Safety and 
     Health Review Commission, $17,000,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

       For carrying out the Museum and Library Services Act of 
     1996 and the National Museum of African American History and 
     Culture Act, $231,954,000.

            Medicaid and CHIP Payment and Access Commission

                         salaries and expenses

       For expenses necessary to carry out section 1900 of the 
     Social Security Act, $7,500,000.

                  Medicare Payment Advisory Commission

                         salaries and expenses

       For expenses necessary to carry out section 1805 of the 
     Social Security Act, $11,778,000, to be transferred to this 
     appropriation from the Federal Hospital Insurance Trust Fund 
     and the Federal Supplementary Medical Insurance Trust Fund.

                     National Council on Disability

                         salaries and expenses

       For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, $3,258,000.

                     National Labor Relations Board

                         salaries and expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, and other laws, $278,306,000: 
      Provided, That no part of this appropriation shall be 
     available to organize or assist in organizing agricultural 
     laborers or used in connection with investigations, hearings, 
     directives, or orders concerning bargaining units composed of 
     agricultural laborers as referred to in section 2(3) of the 
     Act of July 5, 1935, and as amended by the Labor-Management 
     Relations Act, 1947, and as defined in section 3(f) of the 
     Act of June 25, 1938, and including in said definition 
     employees engaged in the maintenance and operation of 
     ditches, canals, reservoirs, and waterways when maintained or 
     operated on a

[[Page 3551]]

     mutual, nonprofit basis and at least 95 percent of the water 
     stored or supplied thereby is used for farming purposes.

                       administrative provisions

       Sec. 405.  None of the funds provided by this Act or 
     previous Acts making appropriations for the National Labor 
     Relations Board may be used to issue any new administrative 
     directive or regulation that would provide employees any 
     means of voting through any electronic means that enables 
     off-site, remote, or otherwise absentee voting in an election 
     to determine a representative for the purposes of collective 
     bargaining.

                        National Mediation Board

                         salaries and expenses

       For expenses necessary to carry out the provisions of the 
     Railway Labor Act, including emergency boards appointed by 
     the President, $13,411,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

       For expenses necessary for the Occupational Safety and 
     Health Review Commission, $11,667,000.

                       Railroad Retirement Board

                     dual benefits payments account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $45,000,000, which shall include amounts becoming 
     available in fiscal year 2013 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds the 
     amount available for payment of vested dual benefits:  
     Provided, That the total amount provided herein shall be 
     credited in 12 approximately equal amounts on the first day 
     of each month in the fiscal year.

          federal payments to the railroad retirement accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $150,000, to remain 
     available through September 30, 2014, which shall be the 
     maximum amount available for payment pursuant to section 417 
     of Public Law 98-76.

                      limitation on administration

       For necessary expenses for the Railroad Retirement Board 
     (``Board'') for administration of the Railroad Retirement Act 
     and the Railroad Unemployment Insurance Act, $111,149,000, to 
     be derived in such amounts as determined by the Board from 
     the railroad retirement accounts and from moneys credited to 
     the railroad unemployment insurance administration fund.

             limitation on the office of inspector general

       For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector General Act of 1978, not more than 
     $8,155,000, to be derived from the railroad retirement 
     accounts and railroad unemployment insurance account.

                     Social Security Administration

                payments to social security trust funds

       For payment to the Federal Old-Age and Survivors Insurance 
     Trust Fund and the Federal Disability Insurance Trust Fund, 
     as provided under sections 201(m), 228(g), and 1131(b)(2) of 
     the Social Security Act, $20,402,000.

                  supplemental security income program

       For carrying out titles XI and XVI of the Social Security 
     Act, section 401 of Public Law 92-603, section 212 of Public 
     Law 93-66, as amended, and section 405 of Public Law 95-216, 
     including payment to the Social Security trust funds for 
     administrative expenses incurred pursuant to section 
     201(g)(1) of the Social Security Act, $40,123,552,000, to 
     remain available until expended:  Provided, That any portion 
     of the funds provided to a State in the current fiscal year 
     and not obligated by the State during that year shall be 
     returned to the Treasury:  Provided further, That not more 
     than $17,000,000 shall be available for research and 
     demonstrations under sections 1110, 1115, and 1144 of the 
     Social Security Act and remain available through September 
     30, 2014.
       For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security Act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.
       For making benefit payments under title XVI of the Social 
     Security Act for the first quarter of fiscal year 2014, 
     $19,300,000,000, to remain available until expended.

                 limitation on administrative expenses

       For necessary expenses, including the hire of two passenger 
     motor vehicles, and not to exceed $20,000 for official 
     reception and representation expenses, not more than 
     $10,535,544,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act, from any one or all of 
     the trust funds referred to in such section:  Provided, That 
     not less than $2,146,000 shall be for the Social Security 
     Advisory Board:  Provided further, That not less than 
     $23,000,000 shall be for section 1149 of the Social Security 
     Act:  Provided further, That not less than $7,000,000 shall 
     be for section 1150 of the Social Security Act:  Provided 
     further, That unobligated balances of funds provided under 
     this paragraph at the end of fiscal year 2013 not needed for 
     fiscal year 2013 shall remain available until expended to 
     invest in the Social Security Administration information 
     technology and telecommunications hardware and software 
     infrastructure, including related equipment and non-payroll 
     administrative expenses associated solely with this 
     information technology and telecommunications infrastructure: 
      Provided further, That the Commissioner of Social Security 
     (``Commissioner'') shall notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     prior to making unobligated balances available under the 
     authority in the previous proviso:  Provided further, That 
     reimbursement to the trust funds under this heading for 
     expenditures for official time for employees of the Social 
     Security Administration pursuant to 5 U.S.C. 7131, and for 
     facilities or support services for labor organizations 
     pursuant to policies, regulations, or procedures referred to 
     in section 7135(b) of such title shall be made by the 
     Secretary of the Treasury, with interest, from amounts in the 
     general fund not otherwise appropriated, as soon as possible 
     after such expenditures are made:  Provided further, That the 
     Commissioner shall seek to enter into a contract with the 
     National Academy of Public Administration for purposes of 
     reviewing and contributing to a long-range strategic plan for 
     the Social Security Administration.
       In addition, for the costs associated with conducting 
     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, $756,052,000 may be expended, as 
     authorized by section 201(g)(1) of the Social Security Act, 
     from any one or all of the trust funds referred to therein:  
     Provided, That, of such amount, $273,000,000 is provided to 
     meet the terms of section 251(b)(2)(B)(ii)(III) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, and $483,052,000 is additional new budget authority 
     specified for purposes of section 251(b)(2)(B) of such Act:  
     Provided further, That the Commissioner shall provide to the 
     Congress (at the conclusion of the fiscal year) a report on 
     the obligation and expenditure of these funds, similar to the 
     reports that were required by section 103(d)(2) of Public Law 
     104-121 for fiscal years 1996 through 2002.
       In addition, $170,000,000 to be derived from administration 
     fees in excess of $5.00 per supplementary payment collected 
     pursuant to section 1616(d) of the Social Security Act or 
     section 212(b)(3) of Public Law 93-66, which shall remain 
     available until expended. To the extent that the amounts 
     collected pursuant to such sections in fiscal year 2013 
     exceed $170,000,000, the amounts shall be available in fiscal 
     year 2014 only to the extent provided in advance in 
     appropriations Acts.
       In addition, up to $1,000,000 to be derived from fees 
     collected pursuant to section 303(c) of the Social Security 
     Protection Act, which shall remain available until expended.

                      office of inspector general

                     (including transfer of funds)

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $28,887,000, together with not to exceed 
     $75,396,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       In addition, an amount not to exceed 3 percent of the total 
     provided in this appropriation may be transferred from the 
     ``Limitation on Administrative Expenses'', Social Security 
     Administration, to be merged with this account, to be 
     available for the time and purposes for which this account is 
     available:  Provided, That notice of such transfers shall be 
     transmitted promptly to the Committees on Appropriations of 
     the House of Representatives and the Senate at least 15 days 
     in advance of any transfer.

                                TITLE V

                           GENERAL PROVISIONS

                          (transfer of funds)

       Sec. 501.  The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act. Such transferred 
     balances shall be used for the same purpose, and for the same 
     periods of time, for which they were originally appropriated.
       Sec. 502.  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. 503. (a) No part of any appropriation contained in 
     this Act or transferred pursuant to section 4002 of Public 
     Law 111-148 shall be used, other than for normal and 
     recognized

[[Page 3552]]

     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, electronic 
     communication, radio, television, or video presentation 
     designed to support or defeat the enactment of legislation 
     before the Congress or any State or local legislature or 
     legislative body, except in presentation to the Congress or 
     any State or local legislature itself, or designed to support 
     or defeat any proposed or pending regulation, administrative 
     action, or order issued by the executive branch of any State 
     or local government, except in presentation to the executive 
     branch of any State or local government itself.
       (b) No part of any appropriation contained in this Act or 
     transferred pursuant to section 4002 of Public Law 111-148 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence the enactment 
     of legislation, appropriations, regulation, administrative 
     action, or Executive order proposed or pending before the 
     Congress or any State government, State legislature or local 
     legislature or legislative body, other than for normal and 
     recognized executive-legislative relationships or 
     participation by an agency or officer of a State, local or 
     tribal government in policymaking and administrative 
     processes within the executive branch of that government.
       (c) The prohibitions in subsections (a) and (b) shall 
     include any activity to advocate or promote any proposed, 
     pending or future Federal, State or local tax increase, or 
     any proposed, pending, or future requirement or restriction 
     on any legal consumer product, including its sale or 
     marketing, including but not limited to the advocacy or 
     promotion of gun control.
       Sec. 504.  The Secretaries of Labor and Education are 
     authorized to make available not to exceed $28,000 and 
     $20,000, respectively, from funds available for salaries and 
     expenses under titles I and III, respectively, for official 
     reception and representation expenses; the Director of the 
     Federal Mediation and Conciliation Service is authorized to 
     make available for official reception and representation 
     expenses not to exceed $5,000 from the funds available for 
     ``Federal Mediation and Conciliation Service, Salaries and 
     Expenses''; and the Chairman of the National Mediation Board 
     is authorized to make available for official reception and 
     representation expenses not to exceed $5,000 from funds 
     available for ``National Mediation Board, Salaries and 
     Expenses''.
       Sec. 505.  When issuing statements, press releases, 
     requests for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state--
       (1) the percentage of the total costs of the program or 
     project which will be financed with Federal money;
       (2) the dollar amount of Federal funds for the project or 
     program; and
       (3) percentage and dollar amount of the total costs of the 
     project or program that will be financed by non-governmental 
     sources.
       Sec. 506. (a) None of the funds appropriated in this Act, 
     and none of the funds in any trust fund to which funds are 
     appropriated in this Act, shall be expended for any abortion.
       (b) None of the funds appropriated in this Act, and none of 
     the funds in any trust fund to which funds are appropriated 
     in this Act, shall be expended for health benefits coverage 
     that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 507. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       (d)(1) None of the funds made available in this Act may be 
     made available to a Federal agency or program, or to a State 
     or local government, if such agency, program, or government 
     subjects any institutional or individual health care entity 
     to discrimination on the basis that the health care entity 
     does not provide, pay for, provide coverage of, or refer for 
     abortions.
       (2) In this subsection, the term ``health care entity'' 
     includes an individual physician or other health care 
     professional, a hospital, a provider-sponsored organization, 
     a health maintenance organization, a health insurance plan, 
     or any other kind of health care facility, organization, or 
     plan.
       Sec. 508. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.204(b) and section 498(b) of 
     the Public Health Service Act (42 U.S.C. 289g(b)).

       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 509. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established under section 
     202 of the Controlled Substances Act except for normal and 
     recognized executive-congressional communications.
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       Sec. 510.  None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act providing for, or 
     providing for the assignment of, a unique health identifier 
     for an individual (except in an individual's capacity as an 
     employer or a health care provider), until legislation is 
     enacted specifically approving the standard.
       Sec. 511.  None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in 38 U.S.C. 4212(d) 
     regarding submission of an annual report to the Secretary of 
     Labor concerning employment of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 512.  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 Act 
     or any other appropriation Act.
       Sec. 513.  None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act, as amended by the Children's Internet 
     Protection Act, unless such library has made the 
     certifications required by paragraph (4) of such section.
       Sec. 514. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2013, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes or renames offices;
       (6) reorganizes programs or activities; or
       (7) contracts out or privatizes any functions or activities 
     presently performed by Federal employees;

     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier.
       (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2013, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds in excess of $500,000 or 10 percent, 
     whichever is less, that--
       (1) augments existing programs, projects (including 
     construction projects), or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or

[[Page 3553]]

     numbers of personnel by 10 percent as approved by Congress; 
     or
       (3) results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress;

     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier.
       Sec. 515. (a) None of the funds made available in this Act 
     may be used to request that a candidate for appointment to a 
     Federal scientific advisory committee disclose the political 
     affiliation or voting history of the candidate or the 
     position that the candidate holds with respect to political 
     issues not directly related to and necessary for the work of 
     the committee involved.
       (b) None of the funds made available in this Act may be 
     used to disseminate information that is deliberately false or 
     misleading.
       Sec. 516.  Within 45 days of enactment of this Act, each 
     department and related agency funded through this Act shall 
     submit an operating plan that details at the program, 
     project, and activity level any funding allocations for 
     fiscal year 2013 that are different than those specified in 
     this Act, the accompanying detailed table in the explanatory 
     statement regarding this division, or the fiscal year 2013 
     budget request.
       Sec. 517.  The Secretaries of Labor, Health and Human 
     Services, and Education shall each prepare and submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report on the number and amount of 
     contracts, grants, and cooperative agreements exceeding 
     $500,000 in value and awarded by the Department on a non-
     competitive basis during each quarter of fiscal year 2013, 
     but not to include grants awarded on a formula basis or 
     directed by law. Such report shall include the name of the 
     contractor or grantee, the amount of funding, the 
     governmental purpose, including a justification for issuing 
     the award on a non-competitive basis. Such report shall be 
     transmitted to the Committees within 30 days after the end of 
     the quarter for which the report is submitted.
       Sec. 518.  None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that, to the best of its knowledge and 
     belief, the contractor or grantee has filed all Federal tax 
     returns required during the 3 years preceding the 
     certification, has not been convicted of a criminal offense 
     under the Internal Revenue Code of 1986, and has not, more 
     than 90 days prior to certification, been notified of any 
     unpaid Federal tax assessment for which the liability remains 
     unsatisfied, unless the assessment is the subject of an 
     installment agreement or offer in compromise that has been 
     approved by the Internal Revenue Service and is not in 
     default, or the assessment is the subject of a non-frivolous 
     administrative or judicial proceeding.

                              (rescission)

       Sec. 519.  Of the funds made available for performance 
     bonus payments under section 2105(a)(3)(E) of the Social 
     Security Act, $6,934,000,000 are hereby rescinded:  Provided, 
     That this rescission shall have no effect until July 1, 2013.
       Sec. 520.  None of the funds appropriated in this Act shall 
     be expended or obligated by the Commissioner of Social 
     Security, for purposes of administering Social Security 
     benefit payments under title II of the Social Security Act, 
     to process any claim for credit for a quarter of coverage 
     based on work performed under a social security account 
     number that is not the claimant's number and the performance 
     of such work under such number has formed the basis for a 
     conviction of the claimant of a violation of section 
     208(a)(6) or (7) of the Social Security Act.
       Sec. 521.  None of the funds appropriated by this Act may 
     be used by the Commissioner of Social Security or the Social 
     Security Administration to pay the compensation of employees 
     of the Social Security Administration to administer Social 
     Security benefit payments, under any agreement between the 
     United States and Mexico establishing totalization 
     arrangements between the social security system established 
     by title II of the Social Security Act and the social 
     security system of Mexico, which would not otherwise be 
     payable but for such agreement.
       Sec. 522.  Notwithstanding any other provision of this Act, 
     no funds appropriated in this Act shall be used to carry out 
     any program of distributing sterile needles or syringes for 
     the hypodermic injection of any illegal drug.
       Sec. 523. (a) In General.--The Health Education Assistance 
     Loan (``HEAL'') program under title VII, part A, subpart I of 
     the PHS Act, and the authority to administer such program, 
     including servicing, collecting, and enforcing any loans that 
     were made under such program that remain outstanding, shall 
     be permanently transferred from the Secretary of Health and 
     Human Services to the Secretary of Education no later than 
     the end of the first fiscal quarter that begins after the 
     date of enactment of this Act.
       (b) Transfer of Functions, Assets, and Liabilities.--The 
     functions, assets, and liabilities of the Secretary of HHS 
     relating to such program shall be transferred to the 
     Secretary of Education.
       (c) Interdepartmental Coordination of Transfer.--The 
     Secretary of HHS and the Secretary of Education shall carry 
     out the transfer of the HEAL program described in subsection 
     (a), including the transfer of the functions, assets, and 
     liabilities specified in subsection (b), in the manner that 
     they determine is most appropriate.
       (d) Use of Authorities Under HEA of 1965.--In servicing, 
     collecting, and enforcing the loans described in subsection 
     (a), the Secretary of Education shall have available any and 
     all authorities available to such Secretary in servicing, 
     collecting, or enforcing a loan made, insured, or guaranteed 
     under part B of title IV of the HEA of 1965.
       (e) Conforming Amendments.--Effective as of the date on 
     which the transfer of the HEAL program under subsection (a) 
     takes effect, section 719 of the PHS Act is amended by adding 
     at the end the following new paragraph:
       ``(6) The term `Secretary' means the Secretary of 
     Education.''.
       Sec. 524.  The first proviso in section 526 of division F 
     of Public Law 112-74 shall not apply to funds appropriated to 
     the Indian Health Service in fiscal year 2013 or prior fiscal 
     years.
       Sec. 525.  None of the funds made available in this Act may 
     be used to send or otherwise pay for the attendance of more 
     than 50 employees from a Federal department or agency at any 
     single international conference unless the head of such 
     department or agency reports to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     at least 30 days in advance of the beginning of the 
     conference that such attendance is important to the national 
     interest:  Provided, That for purposes of this section the 
     term ``international conference'' shall mean a conference 
     occurring outside of the United States attended by 
     representatives of the United States Government and of 
     foreign governments, international organizations, or 
     nongovernmental organizations.
       Sec. 526.  None of the funds in this Act may be used to 
     support, maintain, or establish a computer network, software, 
     or Web site that permits or enables viewing, downloading, or 
     exchanging pornography.

                              (rescission)

       Sec. 527.  Of the funds made available for fiscal year 2013 
     for the Independent Payment Advisory Board under section 3403 
     of Public Law 111-148, $10,000,000 is rescinded.
       Sec. 528. (a) Across-the-Board Rescissions.--There is 
     hereby rescinded an amount equal to 0.127 percent of--
       (1) the budget authority provided for fiscal year 2013 for 
     any discretionary account of this Act; and
       (2) the budget authority provided in any advance 
     appropriation for fiscal year 2013 for any discretionary 
     account in prior Acts making appropriations for the 
     Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies.
       (b) Proportionate Application.--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 this Act or the accompanying 
     explanatory statement).
       (c) Exception.--This section shall not apply to the amount 
     made available by 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.
       (d) OMB Report.--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. 529.  The explanatory statement regarding this 
     division printed in the Senate section of the Congressional 
     Record on or about March 12, 2013, by the Chairman of the 
     Subcommittee on Labor, Health and Human Services, and 
     Education, and Related Agencies of the Committee on 
     Appropriations of the Senate 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. 530. (a) Notwithstanding any other provision of this 
     Act, subsections (a)(4) and (c)(2) of section 1101, section 
     1109(b), and paragraphs (3), (5), (10), (28), and (29) of 
     section 1114(c) of title I of division F, and sections 1501 
     through 1521 of title V of division F, shall have no force or 
     effect.
       (b) Notwithstanding any other provision of this Act, 
     section 1111 of title I of division F shall not apply with 
     respect to advance appropriations provided to the Departments 
     of Labor and Education and the Corporation for Public 
     Broadcasting.

[[Page 3554]]

       This division may be cited as the ``Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 2013''.
                                 ______
                                 
  SA 54. Mr. TOOMEY (for himself and Mr. Inhofe) submitted an amendment 
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski 
(for herself and Mr. Shelby) to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       At the end of title VIII of division C, add the following:
       Sec. 8131. (a) Additional Amount for Army O&M for 
     Activities in CONUS.--The amount appropriated by title II of 
     this division under the heading ``Operation and Maintenance, 
     Army'' is hereby increased by $114,000,000, with the amount 
     to be available for operation and maintenance expenses of the 
     Army in connection with programs, projects, and activities in 
     the continental United States.
       (b) Offset.--
       (1) Army rdte for alternative energy research.--The amount 
     appropriated by title IV of this division under the heading 
     ``Research, Development, Test, and Evaluation, Army'' is 
     hereby reduced by $37,000,000, with the amount of the 
     reduction to be allocated to amounts available under that 
     heading for Alternative Energy Research.
       (2) Navy rdte for alternative energy research.--The amount 
     appropriated by title IV of this division under the heading 
     ``Research, Development, Test, and Evaluation, Navy'' is 
     hereby reduced by $40,000,000, with the amount of the 
     reduction to be allocated to amounts available under that 
     heading for Alternative Energy Research.
       (3) Air force rdte for alternative energy research.--The 
     amount appropriated by title IV of this division under the 
     heading ``Research, Development, Test, and Evaluation, Air 
     Force'' is hereby reduced by $37,000,000, with the amount of 
     the reduction to be allocated to amounts available under that 
     heading for Alternative Energy Research.
                                 ______
                                 
  SA 55. Mr. MORAN (for himself, Mr. Inhofe, Mr. Blumenthal, Mr. Blunt, 
Mr. Boozman, Mr. Kirk, Mr. Pryor, Mr. Roberts, Mr. Wyden, Mr. Johanns, 
Mr. Merkley, Mr. Kaine, and Mr. Warner) submitted an amendment intended 
to be proposed to amendment SA 26 proposed by Ms. Mikulski (for herself 
and Mr. Shelby) to the bill H.R. 933, 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; which was ordered to lie on the table; as 
follows:

       At the end of title VIII of division F, add the following:
       Sec. 1811. (a) Notwithstanding section 1101, the level for 
     ``Department of Transportation, Federal Aviation 
     Administration, Operations'' shall be $9,703,395,000:  
     Provided, That the amounts specified in the matter under the 
     heading ``operations'' under the heading ``Federal Aviation 
     Administration'' in title I of the Transportation, Housing 
     and Urban Development, and Related Agencies Appropriations 
     Act, 2012 (division C of Public Law 112-55; 125 Stat. 645) 
     shall be applied to funds appropriated by this division--
       (1) by substituting ``$7,492,738,000'' for 
     ``$7,442,738,000''; and
       (2) by substituting ``$10,350,000 shall be for the contract 
     tower cost-sharing program and not less than $130,000,000 
     shall be for the contract tower program'' for ``$10,350,000 
     shall be for the contract tower cost-sharing program''.
       (b) Of amounts appropriated for fiscal years before fiscal 
     year 2013 that remain available for obligation as of the date 
     of the enactment of this Act and that are not designated an 
     emergency requirement pursuant to a concurrent resolution on 
     the budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985, the following amounts are rescinded from 
     the following accounts:
       (1) ``Department of Transportation, Federal Aviation 
     Administration, Facilities and Equipment'', $23,861,002.
       (2) ``Department of Transportation, Federal Aviation 
     Administration, Research, Engineering, and Development'', 
     $26,183,998.
                                 ______
                                 
  SA 56. Mr. ALEXANDER (for himself, Mr. Bennet, and Mr. Burr) 
submitted an amendment intended to be proposed to amendment SA 26 
proposed by Ms. Mikulski (for herself and Mr. Shelby) to the bill H.R. 
933, 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; 
which was ordered to lie on the table; as follows:

       On page 555, between lines 21 and 22, insert the following:
       Sec. 1515A.  Of the amount provided by section 1101 for the 
     First in the World initiative under part B of title VII of 
     the Higher Education Act of 1965 (20 U.S.C. 1138 et seq.), 
     not more than $1,000,000 shall be available to the Secretary 
     of Education to carry out section 1106 of the Higher 
     Education Opportunity Act (Public Law 110-315; 122 Stat. 
     3494).
                                 ______
                                 
  SA 57. Mr. BAUCUS (for himself and Mr. Tester) submitted an amendment 
intended to be proposed by him to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available by division A, B, C, D, or E of this Act may be 
     made available, including through a contract, grant, loan, 
     sub-loan, or other means of financing or support, to the 
     Institute for Microelectronics, of the Agency for Science, 
     Technology and Research, of Singapore, unless the Attorney 
     General and the Director of the Federal Bureau of 
     Investigation have submitted a certification to Congress that 
     the Government of Singapore has allowed Federal law 
     enforcement from the United States to access all records and 
     evidence relating to the death of Shane Todd on June 24, 
     2012, in Singapore and the subsequent investigation.
                                 ______
                                 
  SA 58. Mr. JOHNSON of South Dakota (for himself, Ms. Stabenow, Mr. 
Reed, and Mr. Levin) submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       Strike section 1313, and insert the following:

     SEC. 1313. PRESERVING MARKET REGULATORY ENFORCEMENT.

       Notwithstanding section 1101--
       (1) the level for the ``Commodity Futures Trading 
     Commission'' shall be $308,000,000, and the authorities and 
     conditions, including comparable periods of availability, 
     under Public Law 112-55 shall apply to such appropriation; 
     and
       (2) the level for the ``Securities and Exchange 
     Commission'' shall be $1,415,000,000, and the authorities and 
     conditions, including comparable periods of availability, 
     under Public Law 112-74, shall apply to such appropriation.
                                 ______
                                 
  SA 59. Mr. JOHNSON of South Dakota (for himself, Ms. Stabenow, Mr. 
Reed, and Mr. Levin) submitted an amendment intended to be proposed by 
him to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC. __. PRESERVING MARKET REGULATORY ENFORCEMENT.

       Notwithstanding section 1101, the level for the 
     ``Securities and Exchange Commission'' shall be 
     $1,415,000,000, and the authorities and conditions, including 
     comparable periods of availability, under Public Law 112-74, 
     shall apply to such appropriation.
                                 ______
                                 
  SA 60. Mr. BEGICH submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       On page 580, between lines 4 and 5, insert the following:
       Sec. 1811.  Notwithstanding section 1101, the first 
     paragraph under the heading ``Department of Housing and Urban 
     Development, Federal Housing Administration, General and 
     Special Risk Program Account'' in division C of Public Law 
     112-55 shall be applied in fiscal year 2013 by substituting 
     ``$30,000,000,000'' for ``$25,000,000,000''.
                                 ______
                                 
  SA 61. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to

[[Page 3555]]

the bill H.R. 933, 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; 
which was ordered to lie on the table; as follows:

       In title I of division F, insert after section 1114 the 
     following:
       Sec. 1115. (a)(1) None of the amounts appropriated or 
     otherwise made available by this Act for military assistance 
     for Egypt under section 23 of the Arms Export Control Act (22 
     U.S.C. 2763; relating to the Foreign Military Financing 
     program), may be used to enter into a contract on or after 
     the date of enactment of this Act with the Government or 
     Armed Services of Egypt for the sale or transfer of 
     significant conventional defense articles, including F-16 
     attack aircraft, M1 tanks, and related defense technologies, 
     until 30 days after the President submits to Congress the 
     strategy required under subsection (b).
       (2) Nothing in the section shall be construed to require 
     the violation of an existing defense contract with the 
     Government or Armed Forces of Egypt, or to prevent or disrupt 
     the production, transfer, or delivery of any defense article 
     or service to the Government or Armed Services of Egypt as 
     required by a contract concluded by the United States 
     Government or a United States person prior to the date of the 
     enactment of this Act.
       (b)(1) Not later than 120 days after the date of the 
     enactment of this Act, the President, in consultation with 
     the Government and Armed Services of Egypt, and with other 
     partners in the region, shall provide to Congress a report 
     detailing a comprehensive strategy for modernizing and 
     improving United States security cooperation with, and 
     assistance to, Egypt in order to prioritize and advance the 
     following national security objectives:
       (A) The strategy shall seek to enhance the ability of the 
     Government of Egypt to detect, disrupt, dismantle, and defeat 
     al Qaeda, affiliated groups, and other terrorist 
     organizations, whether based in and operating from Egyptian 
     territory or elsewhere, and to counter terrorist ideology and 
     radicalization within Egypt.
       (B) The strategy shall seek to improve and increase the 
     capacity of the Government of Egypt to prevent human 
     trafficking and the illicit movement of terrorists, 
     criminals, weapons, and other dangerous material across 
     Egypt's borders or administrative boundaries, especially 
     through tunnels and other illicit points of entry into Gaza.
       (C) The strategy shall seek to improve the ability of the 
     Government of Egypt to conduct counterinsurgency and 
     counterterrorism operations in the Sinai as part of a 
     comprehensive civil-military strategy--
       (i) to enforce the rule of law and the sovereign authority 
     of the Egyptian state;
       (ii) to enhance security while protecting basic human 
     rights;
       (iii) to advance economic development in the Sinai;
       (iv) to deny safe haven to enemies of Egypt, the United 
     States, and our other partners in the region; and
       (v) to maintain the Camp David Accords.
       (D) The strategy shall seek to enhance the capacity of the 
     Egyptian Armed Services to gather, integrate, analyze, and 
     share intelligence, especially with regard to the threat 
     posed by terrorism and other illicit criminal activity, while 
     ensuring a proper respect and protection for the human rights 
     and civil liberties of Egypt's citizens.
       (E) The strategy shall seek to encourage, reinforce, and 
     strengthen efforts by the Government of Egypt to reform its 
     internal security services, including police forces, and 
     justice sector with the purpose of maintaining public order 
     and security while ensuring protections for internationally-
     recognized human rights, the rule of law, and equal access to 
     justice for all citizens and persons in Egypt.
       (F) Any other objective that the President determines 
     necessary.
       (2) The strategy required under paragraph (1) shall include 
     a detailed assessment of resources and amounts that will be 
     necessary to achieve each of the objectives enumerated in 
     such paragraph.
       (3) The strategy required under paragraph (1) may also 
     include any recommended changes to the allocation of amounts 
     between Foreign Military Financing and Economic Support Funds 
     within overall United States assistance to Egypt and any 
     additional authorities that the President may determine 
     necessary to implement such strategy, including authorities 
     to shift money between foreign assistance accounts or between 
     Federal departments or agencies.
                                 ______
                                 
  SA 62. Ms. MIKULSKI (for herself and Mr. Shelby) submitted an 
amendment intended to be proposed by her to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       On page 378, line 3, strike ``a. grant for''.
       On page 585, line 11, strike ``through C'' and insert 
     ``through F''.
       On page 586, line 16, strike ``division C'' and insert 
     ``division F''.
                                 ______
                                 
  SA 63. Mr. HATCH (for himself, Mr. Grassley, Mr. Roberts, Mr. Enzi, 
and Mr. Cornyn) submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON FUNDING.

       None of the funds made available in this Act may be used by 
     the Secretary of Health and Human Services to do the 
     following:
       (1) Finalize, implement, enforce, or otherwise take any 
     action to give effect to the Information Memorandum dated 
     July 12, 2012 (Transmittal No. TANF-ACF-IM-2012-03), or to 
     any administrative action relating to the same subject matter 
     set forth in the Information Memorandum or that reflects the 
     same or similar policies as those set forth in the 
     Information Memorandum.
       (2) Authorize, approve, renew, modify, or extend any 
     experimental, pilot, or demonstration project under section 
     1115 of the Social Security Act (42 U.S.C. 1315) that waives 
     compliance with a requirement of section 407 of such Act (42 
     U.S.C. 607) through a waiver of section 402 of such Act (42 
     U.S.C. 602) or that provides authority for an expenditure 
     which would not otherwise be an allowable use of funds under 
     a State program funded under part A of title IV of such Act 
     (42 U.S.C. 601 et seq.) with respect to compliance with the 
     work requirements in section 407 of such Act to be regarded 
     as an allowable use of funds under that program for any 
     period.
                                 ______
                                 
  SA 64. Mr. UDALL of Colorado (for himself and Ms. Collins) submitted 
an amendment intended to be proposed to amendment SA 26 proposed by Ms. 
Mikulski (for herself and Mr. Shelby) to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       At the end of division G, insert the following:

     SEC. ___. SEQUESTER FLEXIBILITY.

       (a) Definition.--In this section, the term ``agency'' 
     means--
       (1) an Executive agency (as defined in section 105 of title 
     5, United States Code);
       (2) an office, agency, or other establishment in the 
     legislative branch which is not a part of another office, 
     agency, or other establishment in the legislative branch; and
       (3) an office, agency, or other establishment in the 
     judicial branch which is not a part of another office, 
     agency, or other establishment in the judicial branch.
       (b) 2013 Sequester Cancellation.--Notwithstanding any other 
     provision of law, the sequestration of budgetary resources 
     for fiscal year 2013 ordered on March 1, 2013, pursuant to 
     section 251A of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is cancelled.
       (c) Flexible Sequester Implemented by Agency Heads.--
       (1) In general.--Notwithstanding any other provision of 
     law, the budget sequester for an account in the security and 
     non-security categories required by section 251A of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 for 
     fiscal year 2013 shall be implemented within each account as 
     determined by the head of the agency with spending authority 
     over such account.
       (2) Appropriations oversight.--
       (A) In general.--The head of an agency may not exercise the 
     authority provided in paragraph (1) unless the head has 
     submitted a notice of implementation describing the proposed 
     exercise of authority to the Committees on Appropriations of 
     both Houses not later than 15 days before exercising such 
     authority and each such committee approves the implementation 
     as provided in subparagraph (B).
       (B) Appropriations approval.--After the committees receive 
     an executive branch proposal for administering the sequester 
     under subparagraph (A) and not later than 5 days after such 
     receipt, each committee, using standard procedures for 
     reprogramming, shall accept or reject the proposal. If a 
     proposal is accepted by both committees, the proposal may be 
     implemented. If either committee rejects a proposal and 
     notwithstanding subsection (b), sequestration within the 
     relevant agency will be administered through across the board 
     cuts consistent with section 251A of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

[[Page 3556]]


                                 ______
                                 
  SA 65. Mr. COBURN (for himself and Mr. McCain) submitted an amendment 
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski 
(for herself and Mr. Shelby) to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       On page 193, between lines 11 and 12, insert the following:
       Sec. __. (a) None of the funds made available by this Act 
     may be used to carry out the functions of the Political 
     Science Program in the Division of Social and Economic 
     Sciences of the Directorate for Social, Behavioral, and 
     Economic Sciences of the National Science Foundation.
       (b) Notwithstanding any other provision of this Act, the 
     amount available for the ``National Science Foundation; 
     Research and Related Activities'' is decreased by 
     $10,000,000.
       (c) Notwithstanding section 1101, the level for the 
     ``National Institutes of Health; National Cancer Institute'' 
     shall be increased by $7,000,000.
                                 ______
                                 
  SA 66. Mr. COBURN (for himself and Mr. McCain) submitted an amendment 
intended to be proposed by him to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FREEZE ON HIRING OF NONESSENTIAL FEDERAL EMPLOYEES.

       (a) In General.--Except as provided in subsection (b), none 
     of the funds made available under division A, B, C, D, E, or 
     F of this Act may be used by any Executive agency (as defined 
     under section 105 of title 5, United States Code, except that 
     such term shall not include the Government Accountability 
     Office) to hire any new employee.
       (b) Exception.--Subsection (a) shall not apply to the 
     hiring of an excepted employee or an employee performing 
     emergency work, as such terms are defined by the Office of 
     Personnel Management.
                                 ______
                                 
  SA 67. Mr. COBURN (for himself and Mr. McCain) submitted an amendment 
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski 
(for herself and Mr. Shelby) to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       On page 521, line 15, strike ``this'' and all that follows 
     through ``occurring'' on line 19, and insert ``division A, B, 
     C, D, E, or F of this Act may be used to send or otherwise 
     pay for the attendance of more than 25 employees from a 
     Federal department or agency at any single conference 
     occurring within the United States or''.
                                 ______
                                 
  SA 68. Mr. COBURN (for himself, Mr. McCain, Ms. Ayotte, Mr. Corker, 
Mr. Burr, Mr. Flake, and Mr. Toomey) submitted an amendment intended to 
be proposed to amendment SA 26 proposed by Ms. Mikulski (for herself 
and Mr. Shelby) to the bill H.R. 933, 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; which was ordered to lie on the table; as 
follows:

       On page 539, between lines 15 and 16, insert the following:

     SEC. 1315. UNITED STATES POSTAL SERVICE.

       Notwithstanding section 1101, the matter under the heading 
     ``payment to the postal service fund'' under the heading 
     ``United States Postal Service'' of title V of division C of 
     the Consolidated Appropriations Act, 2012 (Public Law 112-74; 
     125 Stat. 923) shall be applied by striking the second 
     proviso.
                                 ______
                                 
  SA 69. Mr. COBURN (for himself and Mr. McCain) submitted an amendment 
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski 
(for herself and Mr. Shelby) to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       On page 392, line 25, strike ``training.'' and insert the 
     following: ``training: Provided further, That none of the 
     funds made available under paragraph (2) may be used for 
     employee overtime or backfill pay, for security measures at 
     sports facilities used for Major League Baseball spring 
     training, to pay for attendance at conferences, or to 
     purchase computers or televisions.''
                                 ______
                                 
  SA 70. Mr. COBURN (for himself and Mr. McCain) submitted an amendment 
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski 
(for herself and Mr. Shelby) to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       After section 573 of title V of division D, insert the 
     following:
       Sec. 574.  The Secretary of Homeland Security shall submit 
     a copy of each report required under this division to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives.
                                 ______
                                 
  SA 71. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       On page 84, between lines 3 and 4, insert the following:
       Sec. 74__.  None of the funds made available by this Act 
     may be used to carry out (or to pay the salaries and expenses 
     of personnel to carry out) the Federal sugar loan program 
     under section 156 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7272) or the feedstock 
     flexibility program for bioenergy producers under section 
     9010 of the Farm Security and Rural Investment Act of 2002 (7 
     U.S.C. 8110) other than in a manner that is of no cost to the 
     Federal Government.
                                 ______
                                 
  SA 72. Mr. INHOFE (for himself and Mrs. Hagan) submitted an amendment 
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski 
(for herself and Mr. Shelby) to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       At the end of title VIII of division C, add the following:
       Sec. 8131.  Notwithstanding any other provision of law, the 
     Secretaries of the military departments shall use not less 
     than the amounts appropriated or otherwise made available by 
     this Act for tuition assistance programs for members of the 
     Armed Forces to carry out such tuition assistance programs in 
     accordance with the provisions of law authorizing such 
     programs.
                                 ______
                                 
  SA 73. Mr. ALEXANDER (for himself, Mr. Bennet, and Mr. Burr) 
submitted an amendment intended to be proposed by him to the bill H.R. 
933, 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; 
which was ordered to lie on the table; as follows:

       On page 555, between lines 21 and 22, insert the following:
       Sec. 1515A.  Of the amount provided by section 1101 for 
     part B of title VII of the Higher Education Act of 1965 (20 
     U.S.C. 1138 et seq.), not more than $1,000,000 shall be 
     available to the Secretary of Education to carry out section 
     1106 of the Higher Education Opportunity Act (Public Law 110-
     315; 122 Stat. 3494).
                                 ______
                                 
  SA 74. Mr. TESTER (for himself, Mr. Leahy, Mrs. Gillibrand, Mrs. 
Boxer, Mr. Begich, and Mr. Blumenthal) submitted an amendment intended 
to be proposed by him to the bill H.R. 933, 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; which was ordered to lie on the table; as 
follows:

       Beginning on page 80, strike line 3 and all that follows 
     through page 81, line 2.
                                 ______
                                 
  SA 75. Mr. TESTER (for himself, Mr. Johnson of South Dakota, Mr. 
Brown, Mr. Leahy, and Mr. Rockefeller) submitted an amendment intended 
to be

[[Page 3557]]

proposed by him to the bill H.R. 933, 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; which was ordered to lie on the table; as 
follows:

       Beginning on page 82, strike line 21 and all that follows 
     through page 84, line 3.
                                 ______
                                 
  SA 76. Mr. GRASSLEY (for himself, Mr. Boozman, Mr. Inhofe, Mr. 
Vitter, Mr. Coats, and Mr. Roberts) submitted an amendment intended to 
be proposed to amendment SA 26 proposed by Ms. Mikulski (for herself 
and Mr. Shelby) to the bill H.R. 933, 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; which was ordered to lie on the table; as 
follows:

       On page 455, between lines 19 and 20, insert the following:
       Sec. 574.  Not later than 30 days after the date of the 
     enactment of this Act, and weekly thereafter through the end 
     of fiscal year 2013, the Assistant Secretary of U.S. 
     Immigration and Customs Enforcement shall submit a report to 
     the Committee on the Judiciary of the Senate, the Committee 
     on Appropriations of the Senate, the Committee on the 
     Judiciary of the House of Representatives, and the Committee 
     on Appropriations of the House of Representatives that 
     contains--
       (1) a detailed expenditure plan for amounts appropriated 
     under the ``U.S. Immigration and Customs Enforcement, 
     Salaries and Expenses'' heading, by program, project, and 
     activity, which specifies how the Assistant Secretary will 
     use such amounts to maintain not fewer than 34,000 detention 
     bed levels through September 30, 2013;
       (2) the number of aliens who were released from detention 
     by U.S. Immigration and Customs Enforcement during the 
     elapsed portion of fiscal year 2013 not covered by a prior 
     report under this section;
       (3) a complete list of the aliens described in paragraph 
     (2) who were released from detention as a result of budgetary 
     constraints; and
       (4) for each alien described in paragraph (3), a 
     description of--
       (A) the offense for which the alien was convicted or 
     charged;
       (B) the alien's status as an absconder or a fugitive;
       (C) an existing order of deportation, if applicable;
       (D) the reason for the alien's detention; and
       (E) the terms of the alien's release.
                                 ______
                                 
  SA 77. Mr. PORTMAN submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       At the end of title V of division B, insert the following:
       Sec. 543. (a) Increase in Amount for NASA for Cross Agency 
     Support.--The amount appropriated by title III of this 
     division under the heading ``National Aeronautics and Space 
     Administration'' under the heading ``Cross agency support'' 
     is hereby increased by $172,000,000.
       (b) Offset.--The amount appropriated by title III of this 
     division under the heading ``National Aeronautics and Space 
     Administration'' under the heading ``Construction and 
     environmental compliance and restoration'' is hereby 
     decreased by $172,000,000, with the amount of the reduction 
     to be allocated to amounts available under that heading for 
     Construction of Facilities (CoF).
                                 ______
                                 
  SA 78. Mr. GRASSLEY submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       On page 446, strike lines 4 through 22.
                                 ______
                                 
  SA 79. Mrs. SHAHEEN (for herself, Mr. Toomey, Mr. Kirk, and Mr. 
McCain) submitted an amendment intended to be proposed to amendment SA 
26 proposed by Ms. Mikulski (for herself and Mr. Shelby) to the bill 
H.R. 933, 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; 
which was ordered to lie on the table; as follows:

       On page 84, between lines 3 and 4, insert the following:
       Sec. 74_.  None of the funds of the Commodity Credit 
     Corporation may be used to carry out the feedstock 
     flexibility program for bioenergy producers under section 
     9010 of the Farm Security and Rural Investment Act of 2002 (7 
     U.S.C. 8110).
                                 ______
                                 
  SA 80. Mr. ROCKEFELLER submitted an amendment intended to be proposed 
to amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. 
Shelby) to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       At the end of title V of division F, add the following:
       Sec. 1523.  Of the amounts made available under this Act to 
     the Solicitor of Labor, the amount necessary to maintain the 
     amount allocated for offices and resources to reduce the 
     number of cases pending before the Federal Mine Safety and 
     Health Review Commission for fiscal year 2013 at the same 
     level of funding provided for such offices and resources for 
     fiscal year 2012 shall be used for such offices and 
     resources, except that such amount may be reduced by a 
     percentage equal to the percentage reduction of the Solicitor 
     of Labor's budget required pursuant to a sequestration order 
     issued by the President pursuant to section 251A(7)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 901a).
                                 ______
                                 
  SA 81. Mr. BROWN submitted an amendment intended to be proposed to 
amendment SA 26 proposed by Ms. Mikulski (for herself and Mr. Shelby) 
to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       On page 580, between lines 4 and 5, insert the following:
       Sec. 1811.  Section 5307(a)(2) of title 49, United States 
     Code, is amended by inserting ``or general public demand 
     response'' after ``fixed route'' each place that term 
     appears.
                                 ______
                                 
  SA 82. Mr. PRYOR (for himself and Mr. Blunt) submitted an amendment 
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski 
(for herself and Mr. Shelby) to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       On page 84, between lines 3 and 4, insert the following:
       Sec. 74__.  Notwithstanding any other provision of this 
     Act--
       (1) the amount made available for buildings operations and 
     maintenance expenses in the matter before the first proviso 
     under the heading ``Agriculture Buildings and Facilities and 
     Rental Payments'' under the heading ``AGRICULTURAL PROGRAMS'' 
     in title I shall be $52,169,000;
       (2) the amount made available for necessary expenses to 
     carry out services authorized by the Federal Meat Inspection 
     Act, the Poultry Products Inspection Act, and the Egg 
     Products Inspection Act in the matter before the first 
     proviso under the heading ``Food Safety and Inspection 
     Service'' under the heading ``AGRICULTURAL PROGRAMS'' in 
     title I shall be $1,056,427,000; and
       (3) the amount made available to provide competitive grants 
     to State agencies in the second proviso under the heading 
     ``child nutrition programs'' under the heading ``Food and 
     Nutrition Service'' under the heading ``DOMESTIC FOOD 
     PROGRAMS'' in title IV shall be $10,000,000.
                                 ______
                                 
  SA 83. Mr. BROWN (for himself and Mr. Isakson) submitted an amendment 
intended to be proposed to amendment SA 26 proposed by Ms. Mikulski 
(for herself and Mr. Shelby) to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       Beginning on page 441, strike line 17 and all that follows 
     through page 445, line 12.

[[Page 3558]]


                                 ______
                                 
  SA 84. Ms. AYOTTE (for herself and Mr. Chambliss) submitted an 
amendment intended to be proposed by her to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Findings.--The Senate makes the following 
     findings:
       (1) United States officials reportedly took Suleiman Abu 
     Ghayth into custody on February 28, 2013.
       (2) Abu Ghayth is the son-in-law of Osama Bin Laden and a 
     member of al Qaeda.
       (3) From 2001 to 2002, Abu Ghayth allegedly served al 
     Qaeda, urged others to swear allegiance to Bin Laden, spoke 
     on behalf of and in support of al Qaeda's mission, warned 
     that attacks similar to those of September 11, 2001, would 
     continue, and actively supported al Qaeda's efforts to kill 
     Americans.
       (4) On or about May 2001, Abu Ghayth allegedly urged 
     individuals at a guest house in Kandahar, Afghanistan, to 
     swear an oath of allegiance to Bin Laden.
       (5) Members and associates of al Qaeda have executed a 
     number of terrorist attacks intended to kill Americans, 
     including the attacks on the United States on September 11, 
     2001, in New York, Virginia, and Pennsylvania, which killed 
     approximately 2,976 people.
       (6) On the morning of September 12, 2001, Abu Ghayth 
     appearing with Bin Laden and Ayman al-Zawahiri, served as a 
     spokesman for al Qaeda and warned the United States and its 
     allies that ``[a] great army is gathering against you'' and 
     called upon ``the nation of Islam'' to do battle against 
     ``the Jews, the Christians and the Americans''.
       (7) After the September 11, 2001, terrorist attacks, Abu 
     Ghayth gave a speech in which he warned that ``the storms 
     shall not stop, especially the Airplanes Storm'', and advised 
     Muslims, children, and opponents of the United States ``not 
     to board any aircraft and not to live in high rises''.
       (8) In 2002, Abu Ghayth allegedly said ``al Qaeda has the 
     right to kill four million Americans, including one million 
     children, displace double that figure, and injure and cripple 
     hundreds and thousands''.
       (9) In 2002, Abu Ghayth reportedly arranged to be smuggled 
     to Iran, where he was held under a loose form of house arrest 
     for several years.
       (10) Abu Ghayth has been reportedly tied to the October 8, 
     2002, attack on United States Marines training on Faylaka 
     Island off the coast of Kuwait, which resulted in the death 
     of one American.
       (11) Kuwait reportedly stripped Abu Ghayth of his 
     citizenship because of his role in recruiting Kuwaitis for al 
     Qaeda.
       (12) Abu Ghayth is reportedly believed to have been in Iran 
     since his release in 2010.
       (13) On or about March 1, 2013, Abu Ghayth was brought to 
     the United States to stand trial on terrorism charges in the 
     United States District Court for the Southern District of New 
     York.
       (14) On March 8, 2013, Abu Ghayth pled not guilty to 
     terrorism charges.
       (15) On September 14, 2001, in the wake of the terrorist 
     attacks on the United States, Congress passed the 
     Authorization for Use of Military Force (Public Law 107-40), 
     which the President signed on September 18, 2001.
       (16) The Authorization for Use of Military Force authorizes 
     the President ``to use all necessary and appropriate force 
     against those nations, organizations, or persons he 
     determines planned, authorized, committed, or aided the 
     terrorist attacks that occurred on September 11, 2001, or 
     harbored such organizations or persons, in order to prevent 
     any future acts of international terrorism against the United 
     States by such nations, organizations or persons''.
       (17) Section 1021 of the National Defense Authorization Act 
     for Fiscal Year 2012 (Public Law 112-81) affirms the 
     authority of the Armed Forces of the United States to detain 
     covered persons pursuant to the Authorization for Use of 
     Military Force.
       (18) Section 1022 of the National Defense Authorization Act 
     for Fiscal Year 2012 establishes a requirement, subject to a 
     case-by-case national security waiver by the President, for 
     military custody of foreign members of al Qaeda and 
     associated forces who participated in the course of planning 
     or carrying out an attack or attempted attack against the 
     United States and its coalition partners.
       (19) Abu Ghayth is an enemy belligerent and meets the 
     definition of a covered person under section 1022 of the 
     National Defense Authorization Act for Fiscal Year 2012.
       (20) Military custody for enemy belligerents, consistent 
     with United States and international law, provides the best 
     means to collect the intelligence that can prevent future 
     terrorist attacks and save American lives.
       (21) Long-term law of war military detention affords the 
     opportunity for interrogators to return periodically over 
     subsequent months and years to gather additional information.
       (22) It is this access to detainees in long-term law of war 
     custody that allowed the intelligence community to gather 
     information that helped ultimately locate Bin Laden.
       (23) Members of al Qaeda, like Abu Ghayth, are not common 
     criminals. They are enemy belligerents at war with our 
     country. United States detention and interrogation policies 
     must distinguish between intelligence collection to prevent 
     terrorist attacks and standard criminal prosecutions.
       (24) When the United States places enemy belligerents in 
     courts under Article III of the Constitution for trial, 
     grants them the legal rights normally reserved for common 
     criminals, and focuses on prosecution rather than 
     intelligence collection, the United States can miss valuable 
     information that will help keep our country safe.
       (25) Al Qaeda affiliates throughout the world, such as al 
     Qaeda in the Arabian Peninsula and al Qaeda in the Islamic 
     Mahgreb, present a complex and growing threat to the United 
     States and its interests.
       (26) United States forces continue to capture members of al 
     Qaeda and associated forces.
       (27) The United States has a top-rate facility at Naval 
     Station Guantanamo Bay, Cuba, that allows for the secure and 
     humane detention and interrogation of foreign enemy 
     belligerents.
       (28) On January 22, 2009, President Obama issued an 
     executive order to close the detention facility at Naval 
     Station Guantanamo Bay, yet Congress has prohibited the use 
     of funds to transfer detainees at Naval Station Guantanamo 
     Bay to the United States or to construct or modify facilities 
     in the United States to house detainees at Naval Station 
     Guantanamo Bay. Congress has also placed restrictions on the 
     ability to transfer detainees at Naval Station Guantanamo Bay 
     to foreign countries.
       (29) On February 15, 2011, the Under Secretary of Defense 
     for Intelligence, Michael Vickers, said ``[t]he 
     administration is in the final stages of. . .establishing its 
     detention policy''.
       (30) On April 7, 2011, General Carter Ham, the Commander of 
     the United States Africa Command responded to a question 
     about what he would do if we captured a member of al Qaeda in 
     Africa, by saying he would need ``some lawyerly help on 
     answering that one''.
       (31) On June 28, 2011, the Commander of the United States 
     Special Operations Command, Admiral William McRaven, 
     testified that his options to detain foreign enemy 
     belligerents were to detain them temporarily on a ship, 
     transfer them to a third country, or ``if we can't do either 
     one of those, then we'll release that individual and that 
     becomes the--the unenviable option, but it is an option''.
       (32) On March 6, 2012, approximately a year later, when 
     asked during a hearing of the Committee on Armed Services of 
     the Senate whether the administration has developed a 
     detention policy for enemy belligerents, Admiral McRaven 
     testified ``nothing has changed since then''.
       (33) Approximately 28 percent of detainees who have been 
     released from Naval Station Guantanamo Bay have reengaged or 
     are suspected of having reengaged in terrorist activity.
       (34) Former detainees at Naval Station Guantanamo Bay have 
     conducted suicide bombings, recruited radicals, and trained 
     recruits to kill Americans and our allies.
       (35) Said al Shihri and Abdul Zakir represent two examples 
     of former detainees at Naval Station Guantanamo Bay who 
     returned to the fight and assumed leadership positions in 
     terrorist organizations dedicated to killing Americans and 
     our allies.
       (36) On November 29, 2012, in a 54 to 41 vote, the Senate 
     agreed to Senate Amendment 3245 to S. 3254, the National 
     Defense Authorization Act for Fiscal Year 2013, which would 
     have permanently prohibited use of funds for the transfer or 
     release of detainees from Naval Station Guantanamo Bay into 
     the United States.
       (37) As enacted, the National Defense Authorization Act for 
     Fiscal Year 2013 (Public Law 112-239) prohibits for one year 
     the use of Department of Defense funds to transfer or release 
     detainees at Naval Station Guantanamo Bay to or within the 
     United States, its territories, or possessions.
       (b) Sense of Senate.--It is the sense of the Senate to--
       (1) reaffirm that the United States remains at war with al 
     Qaeda and its associated forces;
       (2) assert that when a member of al Qaeda or an associated 
     force is taken into custody, the focus should be on 
     intelligence collection and the prevention of future attacks 
     and not on prosecution;
       (3) believe by bringing members of al Qaeda and its 
     associated forces into civilian custody, rather than military 
     detention, the United States inappropriately gives these 
     terrorists the rights afforded by the civilian system of 
     justice in the United States, including speedy presentment 
     and Miranda rights;
       (4) believe no terrorists should ever hear ``you have the 
     right to remain silent'';
       (5) believe that Abu Ghayth and other members of al Qaeda 
     or associated forces like him should be placed in military 
     custody and brought to Naval Station Guantanamo Bay for long-
     term, interrogation, and,

[[Page 3559]]

     as appropriate, trial by military commission, consistent with 
     chapter 47A of title 10, United States Code (as amended by 
     the Military Commissions Act of 2009 (title XVIII of Public 
     Law 111-84)); and
       (6) call on the Obama Administration to work with Congress 
     to establish a coherent detention policy for the long-term 
     detention and interrogation of enemy belligerents, and the 
     potential trial by military commission of foreign enemy 
     belligerents, that will help collect intelligence, protect 
     our country, and prevent future attacks.
                                 ______
                                 
  SA 85. Mrs. SHAHEEN submitted an amendment intended to be proposed by 
her to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       In title I of division F, insert after section 1114 the 
     following:
       Sec. 1115. (a) Not later than 30 days after the end of the 
     60-day period for an audited establishment to respond to a 
     covered final audit report submitted to the establishment by 
     an Inspector General under section 5 of the Inspector General 
     Act of 1978 (5 U.S.C. App.), or by the Special Inspector 
     General for Afghanistan Reconstruction, the Special Inspector 
     General for Iraq Reconstruction, or any other Inspector 
     General under applicable law, or 30 days after the 
     establishment responds to a covered audit report with a non-
     concur or partial concur response, the head of the 
     establishment shall submit to Congress a report with an 
     explanation for the failure to respond or the non-concur or 
     partial concur response.
       (b) In this section:
       (1) The term ``covered final audit report'' means a final 
     audit report issued by an Inspector General under the 
     Inspector General Act of 1978 or other applicable law that 
     includes a recommendation for an establishment to implement 
     cost-saving measures or to seek reimbursement for failure by 
     a contractor or subcontractor to successfully complete a 
     contract due to poor contractor performance, cost-overruns, 
     or other reasons that would, if implemented, result in at 
     least $2,000,000 in savings.
       (2) The term ``establishment'' has the meaning given that 
     term in section 12 of the Inspector General Act of 1978, 
     except that the term also includes the following:
       (A) The Office of the Director of National Intelligence.
       (B) The Central Intelligence Agency.
       (C) The Architect of the Capitol.
       (D) The Government Accountability Office.
       (E) The Government Printing Office.
       (F) The Library of Congress.
       (3) The term ``head of the establishment'' has the meaning 
     given that term in section 12 of the Inspector General Act of 
     1978, except that the term also includes the following:
       (A) The Director of National Intelligence.
       (B) The Director of the Central Intelligence Agency.
       (C) The Architect of the Capitol.
       (D) The Comptroller General of the United States.
       (E) The Public Printer.
       (F) The Librarian of Congress.
                                 ______
                                 
  SA 86. Mrs. SHAHEEN submitted an amendment intended to be proposed by 
her to the bill H.R. 933, 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; which was ordered to lie on the table; as follows:

       In title I of division F, insert after section 1114 the 
     following:
       Sec. 1115. (a) Not later than 180 days after an 
     establishment responds to a covered audit report submitted to 
     the establishment by an Inspector General under section 5 of 
     the Inspector General Act of 1978, or by the Special 
     Inspector General for Afghanistan Reconstruction, the Special 
     Inspector General for Iraq Reconstruction, or any other 
     Inspector General under applicable law, with a full concur 
     response, the head of the establishment shall submit to 
     Congress a report with a description of the status of any 
     open or pending recommendations from the Inspector General, 
     including any actions taken to implement the recommendations.
       (b) In this section:
       (1) The term ``covered final audit report'' means a final 
     audit report issued by an Inspector General under the 
     Inspector General Act of 1978 or other applicable law that 
     includes a recommendation for an establishment to implement 
     cost-saving measures or to seek reimbursement for failure by 
     a contractor or subcontractor to successfully complete a 
     contract due to poor contractor performance, cost-overruns, 
     or other reasons that would, if implemented, result in at 
     least $2,000,000 in savings.
       (2) The term ``establishment'' has the meaning given that 
     term in section 12 of the Inspector General Act of 1978, 
     except that the term also includes the following:
       (A) The Office of the Director of National Intelligence.
       (B) The Central Intelligence Agency.
       (C) The Architect of the Capitol.
       (D) The Government Accountability Office.
       (E) The Government Printing Office.
       (F) The Library of Congress.
       (3) The term ``head of the establishment'' has the meaning 
     given that term in section 12 of the Inspector General Act of 
     1978, except that the term also includes the following:
       (A) The Director of National Intelligence.
       (B) The Director of the Central Intelligence Agency.
       (C) The Architect of the Capitol.
       (D) The Comptroller General of the United States.
       (E) The Public Printer.
       (F) The Librarian of Congress.
                                 ______
                                 
  SA 87. Mr. ISAKSON (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed by him to the bill H.R. 933, 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
             TITLE I--BIENNIAL BUDGETING AND APPROPRIATIONS

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Biennial Budgeting and 
     Appropriations Act''.

     SEC. _02. REVISION OF TIMETABLE.

       Section 300 of the Congressional Budget Act of 1974 (2 
     U.S.C. 631) is amended to read as follows:


                              ``timetable

       ``Sec. 300.  (a) In General.--Except as provided by 
     subsection (b), the timetable with respect to the 
     congressional budget process for any Congress (beginning with 
     the One Hundred Thirteenth Congress) is as follows:


                             ``First Session
On or before:                               Action to be completed:
First Monday in February..................  President submits budget
                                             recommendations.
February 15...............................  Congressional Budget Office
                                             submits report to Budget
                                             Committees.
Not later than 6 weeks after budget         Committees submit views and
 submission.                                 estimates to Budget
                                             Committees.
April 1...................................  Budget Committees report
                                             concurrent resolution on
                                             the biennial budget.
May 15....................................  Congress completes action on
                                             concurrent resolution on
                                             the biennial budget.
May 15....................................  Biennial appropriation bills
                                             may be considered in the
                                             House.
June 10...................................  House Appropriations
                                             Committee reports last
                                             biennial appropriation
                                             bill.
June 30...................................  House completes action on
                                             biennial appropriation
                                             bills.
August 1..................................  Congress completes action on
                                             reconciliation legislation.
October 1.................................  Biennium begins.
 



                            ``Second Session
On or before:                               Action to be completed:
February 15...............................  President submits budget
                                             review.
Not later than 6 weeks after President      Congressional Budget Office
 submits budget review.                      submits report to Budget
                                             Committees.
The last day of the session...............  Congress completes action on
                                             bills and resolutions
                                             authorizing new budget
                                             authority for the
                                             succeeding biennium.
 

       ``(b) Special Rule.--In the case of any first session of 
     Congress that begins in any year immediately following a leap 
     year and during which the term of a President (except a 
     President who succeeds himself or herself) begins, the 
     following dates shall supersede those set forth in subsection 
     (a):


                             ``First Session
On or before:                               Action to be completed:
First Monday in April.....................  President submits budget
                                             recommendations.
April 20..................................  Committees submit views and
                                             estimates to Budget
                                             Committees.
May 15....................................  Budget Committees report
                                             concurrent resolution on
                                             the biennial budget.
June 1....................................  Congress completes action on
                                             concurrent resolution on
                                             the biennial budget.
July 1....................................  Biennial appropriation bills
                                             may be considered in the
                                             House.
July 20...................................  House completes action on
                                             biennial appropriation
                                             bills.
August 1..................................  Congress completes action on
                                             reconciliation legislation.
October 1.................................  Biennium begins.''.
 

     SEC. _03. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND 
                   IMPOUNDMENT CONTROL ACT OF 1974.

       (a) Declaration of Purpose.--Section 2(2) of the 
     Congressional Budget and Impoundment Control Act of 1974 (2 
     U.S.C. 621(2)) is amended by striking ``each year'' and 
     inserting ``biennially''.
       (b) Definitions.--

[[Page 3560]]

       (1) Budget resolution.--Section 3(4) of such Act (2 U.S.C. 
     622(4)) is amended by striking ``fiscal year'' each place it 
     appears and inserting ``biennium''.
       (2) Biennium.--Section 3 of such Act (2 U.S.C. 622) is 
     further amended by adding at the end the following new 
     paragraph:
       ``(12) The term `biennium' means the period of 2 
     consecutive fiscal years beginning on October 1 of any odd-
     numbered year.''.
       (c) Biennial Concurrent Resolution on the Budget.--
       (1) Section heading.--The section heading of section 301 of 
     such Act (2 U.S.C. 632) is amended by striking ``annual'' and 
     inserting ``biennial''.
       (2) Contents of resolution.--Section 301(a) of such Act (2 
     U.S.C. 632(a)) is amended--
       (A) in the matter preceding paragraph (1) by--
       (i) striking ``April 15 of each year'' and inserting ``May 
     15 of each odd-numbered year'';
       (ii) striking ``the fiscal year beginning on October 1 of 
     such year'' the first place it appears and inserting ``the 
     biennium beginning on October 1 of such year''; and
       (iii) striking ``the fiscal year beginning on October 1 of 
     such year'' the second place it appears and inserting ``each 
     fiscal year in such period'';
       (B) in paragraph (6)--
       (i) by striking ``For purposes'' and inserting ``for 
     purposes''; and
       (ii) by striking ``for the fiscal year'' and inserting 
     ``for each fiscal year in the biennium''; and
       (C) in paragraph (7)--
       (i) by striking ``For purposes'' and inserting ``for 
     purposes''; and
       (ii) by striking ``for the fiscal year'' and inserting 
     ``for each fiscal year in the biennium''.
       (3) Additional matters.--Section 301(b)(3) of such Act (2 
     U.S.C. 632(b)(3)) is amended by striking ``for such fiscal 
     year'' and inserting ``for either fiscal year in such 
     biennium''.
       (4) Views of other committees.--Section 301(d) of such Act 
     (2 U.S.C. 632(d)) is amended by inserting ``(or, if 
     applicable, as provided by section 300(b))'' after ``United 
     States Code''.
       (5) Hearings.--Section 301(e)(1) of such Act (2 U.S.C. 
     632(e)(1)) is amended by--
       (A) striking ``fiscal year'' and inserting ``biennium''; 
     and
       (B) inserting after the second sentence the following: ``On 
     or before April 1 of each odd-numbered year (or, if 
     applicable, as provided by section 300(b)), the Committee on 
     the Budget of each House shall report to its House the 
     concurrent resolution on the budget referred to in subsection 
     (a) for the biennium beginning on October 1 of that year.''.
       (6) Goals for reducing unemployment.--Section 301(f) of 
     such Act (2 U.S.C. 632(f)) is amended by striking ``fiscal 
     year'' each place it appears and inserting ``biennium''.
       (7) Economic assumptions.--Section 301(g)(1) of such Act (2 
     U.S.C. 632(g)(1)) is amended by striking ``for a fiscal 
     year'' and inserting ``for a biennium''.
       (8) Table of contents.--The table of contents set forth in 
     section 1(b) of such Act is amended by striking the item 
     relating to section 301 and inserting the following:
``Sec. 301. Biennial adoption of concurrent resolution on the 
              budget.''.

       (d) Committee Allocations.--Section 302 of such Act (2 
     U.S.C. 633) is amended--
       (1) in subsection (a)
       (A) in paragraph (1), by--
       (i) striking ``for the first fiscal year of the 
     resolution,'' and inserting ``for each fiscal year in the 
     biennium,'';
       (ii) striking ``for that period of fiscal years'' and 
     inserting ``for all fiscal years covered by the resolution''; 
     and
       (iii) striking ``for the fiscal year of that resolution'' 
     and inserting ``for each fiscal year in the biennium''; and
       (B) in paragraph (5)(A), by striking ``April 15'' and 
     inserting ``May 15 or June 1 (under section 300(b))'';
       (2) in subsection (b), by striking ``budget year'' and 
     inserting ``biennium'';
       (3) in subsection (c) by striking ``for a fiscal year'' 
     each place it appears and inserting ``for each fiscal year in 
     the biennium'';
       (4) in subsection (f)(1), by striking ``for a fiscal year'' 
     and inserting ``for a biennium'';
       (5) in subsection (f)(1), by striking ``the first fiscal 
     year'' and inserting ``each fiscal year of the biennium'';
       (6) in subsection (f)(2)(A), by--
       (A) striking ``the first fiscal year'' and inserting ``each 
     fiscal year of the biennium''; and
       (B) striking ``the total of fiscal years'' and inserting 
     ``the total of all fiscal years covered by the resolution''; 
     and
       (7) in subsection (g)(1)(A), by striking ``April'' and 
     inserting ``May''.
       (e) Section 303 Point of Order.--
       (1) In general.--Section 303(a) of such Act (2 U.S.C. 
     634(a)) is amended by--
       (A) striking ``for a fiscal year'' and inserting ``for a 
     biennium'';
       (B) striking ``the first fiscal year'' and inserting ``each 
     fiscal year of the biennium''; and
       (C) striking ``that fiscal year'' each place it appears and 
     inserting ``that biennium''.
       (2) Exceptions in the house.--Section 303(b)(1) of such Act 
     (2 U.S.C. 634(b)(1)) is amended--
       (A) in subparagraph (A), by striking ``the budget year'' 
     and inserting ``the biennium''; and
       (B) in subparagraph (B), by striking ``the fiscal year'' 
     and inserting ``the biennium''.
       (3) Application to the senate.--Section 303(c)(1) of such 
     Act (2 U.S.C. 634(c)(1)) is amended by--
       (A) striking ``fiscal year'' and inserting ``biennium''; 
     and
       (B) striking ``that year'' and inserting ``each fiscal year 
     of that biennium''.
       (f) Permissible Revisions of Concurrent Resolutions on the 
     Budget.--Section 304 of such Act (2 U.S.C. 635) is amended--
       (1) by striking ``fiscal year'' the first two places it 
     appears and inserting ``biennium''; and
       (2) by striking ``for such fiscal year'' and inserting 
     ``for such biennium''.
       (g) Procedures for Consideration of Budget Resolutions.--
     Section 305 of such Act (2 U.S.C. 636) is amended--
       (1) in subsection (a)(3), by striking ``fiscal year'' and 
     inserting ``biennium''; and
       (2) in subsection (b)(3), by striking ``fiscal year'' and 
     inserting ``biennium''.
       (h) Completion of House Action on Appropriation Bills.--
     Section 307 of such Act (2 U.S.C. 638) is amended--
       (1) by striking ``each year'' and inserting ``each odd-
     numbered year'';
       (2) by striking ``annual'' and inserting ``biennial'';
       (3) by striking ``fiscal year'' and inserting ``biennium''; 
     and
       (4) by striking ``that year'' and inserting ``that odd-
     numbered year''.
       (i) Completion of Action on Regular Appropriation Bills.--
     Section 309 of such Act (2 U.S.C. 640) is amended--
       (1) by inserting ``of any odd-numbered year'' after 
     ``July'';
       (2) by striking ``annual'' and inserting ``biennial'';
       (3) by striking ``fiscal year'' and inserting ``biennium''; 
     and
       (4) by striking ``such year'' and inserting ``such odd-
     numbered year''.
       (j) Reconciliation Process.--Section 310(a) of such Act (2 
     U.S.C. 641(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``any fiscal year'' and inserting ``any biennium''; and
       (2) in paragraph (1) by striking ``such fiscal year'' each 
     place it appears and inserting ``any fiscal year covered by 
     such resolution''.
       (k) Section 311 Point of Order.--
       (1) In the house.--Section 311(a)(1) of such Act (2 U.S.C. 
     642(a)(1)) is amended--
       (A) by striking ``for a fiscal year'' and inserting ``for a 
     biennium'';
       (B) by striking ``the first fiscal year'' each place it 
     appears and inserting ``either fiscal year of the biennium''; 
     and
       (C) by striking ``that first fiscal year'' and inserting 
     ``each fiscal year in the biennium''.
       (2) In the senate.--Section 311(a)(2) of such Act (2 U.S.C. 
     642(a)(2)) is amended--
       (A) in subparagraph (A), by striking ``for the first fiscal 
     year'' and inserting ``for either fiscal year of the 
     biennium''; and
       (B) in subparagraph (B)--
       (i) by striking ``that first fiscal year'' the first place 
     it appears and inserting ``each fiscal year in the 
     biennium''; and
       (ii) by striking ``that first fiscal year and the ensuing 
     fiscal years'' and inserting ``all fiscal years''.
       (3) Social security levels.--Section 311(a)(3) of such Act 
     (2 U.S.C. 642(a)(3)) is amended by--
       (A) striking ``for the first fiscal year'' and inserting 
     ``each fiscal year in the biennium''; and
       (B) striking ``that fiscal year and the ensuing fiscal 
     years'' and inserting ``all fiscal years''.
       (l) MDA Point of Order.--Section 312(c) of such Act (2 
     U.S.C. 643) is amended--
       (1) by striking ``for a fiscal year'' and inserting ``for a 
     biennium'';
       (2) in paragraph (1), by striking ``the first fiscal year'' 
     and inserting ``either fiscal year in the biennium'';
       (3) in paragraph (2), by striking ``that fiscal year'' and 
     inserting ``either fiscal year in the biennium''; and
       (4) in the matter following paragraph (2), by striking 
     ``that fiscal year'' and inserting ``the applicable fiscal 
     year''.

     SEC. _04. AMENDMENTS TO TITLE 31, UNITED STATES CODE.

       (a) Definition.--Section 1101 of title 31, United States 
     Code, is amended by adding at the end the following:
       ``(3) `biennium' has the meaning given that term in 
     paragraph (12) of section 3 of the Congressional Budget and 
     Impoundment Control Act of 1974 (2 U.S.C. 622).''.
       (b) Budget Contents and Submission to the Congress.--
       (1) Schedule.--The matter preceding paragraph (1) in 
     section 1105(a) of title 31, United States Code, is amended 
     to read as follows:
       ``(a) On or before the first Monday in February of each 
     odd-numbered year (or, if applicable, as provided by section 
     300(b) of the Congressional Budget Act of 1974), beginning 
     with the One Hundred Fourteenth Congress, the President shall 
     transmit to the Congress, the budget for the biennium 
     beginning on October 1 of such calendar year. The budget of 
     the United States Government transmitted under this 
     subsection shall include a

[[Page 3561]]

     budget message and summary and supporting information. The 
     President shall include in each budget the following:''.
       (2) Expenditures.--Section 1105(a)(5) of title 31, United 
     States Code, is amended by striking ``the fiscal year for 
     which the budget is submitted and the 4 fiscal years after 
     that year'' and inserting ``each fiscal year in the biennium 
     for which the budget is submitted and in the succeeding 4 
     fiscal years''.
       (3) Receipts.--Section 1105(a)(6) of title 31, United 
     States Code, is amended by striking ``the fiscal year for 
     which the budget is submitted and the 4 fiscal years after 
     that year'' and inserting ``each fiscal year in the biennium 
     for which the budget is submitted and in the succeeding 4 
     years''.
       (4) Balance statements.--Section 1105(a)(9)(C) of title 31, 
     United States Code, is amended by striking ``the fiscal 
     year'' and inserting ``each fiscal year in the biennium''.
       (5) Functions and activities.--Section 1105(a)(12)(A) of 
     title 31, United States Code, is amended by striking ``the 
     fiscal year'' and inserting ``each fiscal year in the 
     biennium''.
       (6) Allowances.--Section 1105(a)(13) of title 31, United 
     States Code, is amended by striking ``the fiscal year'' and 
     inserting ``each fiscal year in the biennium''.
       (7) Allowances for uncontrolled expenditures.--Section 
     1105(a)(14) of title 31, United States Code, is amended by 
     striking ``that year'' and inserting ``each fiscal year in 
     the biennium for which the budget is submitted''.
       (8) Tax expenditures.--Section 1105(a)(16) of title 31, 
     United States Code, is amended by striking ``the fiscal 
     year'' and inserting ``each fiscal year in the biennium''.
       (9) Future years.--Section 1105(a)(17) of title 31, United 
     States Code, is amended--
       (A) by striking ``the fiscal year following the fiscal 
     year'' and inserting ``each fiscal year in the biennium 
     following the biennium'';
       (B) by striking ``that following fiscal year'' and 
     inserting ``each such fiscal year''; and
       (C) by striking ``fiscal year before the fiscal year'' and 
     inserting ``biennium before the biennium''.
       (10) Prior year outlays.--Section 1105(a)(18) of title 31, 
     United States Code, is amended--
       (A) by striking ``the prior fiscal year'' and inserting 
     ``each of the 2 most recently completed fiscal years,'';
       (B) by striking ``for that year'' and inserting ``with 
     respect to those fiscal years''; and
       (C) by striking ``in that year'' and inserting ``in those 
     fiscal years''.
       (11) Prior year receipts.--Section 1105(a)(19) of title 31, 
     United States Code, is amended--
       (A) by striking ``the prior fiscal year'' and inserting 
     ``each of the 2 most recently completed fiscal years'';
       (B) by striking ``for that year'' and inserting ``with 
     respect to those fiscal years''; and
       (C) by striking ``in that year'' each place it appears and 
     inserting ``in those fiscal years''.
       (12) Homeland security.--Section 1105(a)(35)(A)(i) of title 
     31, United States Code, is amended in the matter preceding 
     subclause (I), by striking ``the fiscal years for which the 
     budget is submitted'' and inserting ``each fiscal year in the 
     biennium for which the budget is submitted''.
       (13) EESA.--Section 1105(a)(36) of title 31, United States 
     Code, is amended in the matter preceding subparagraph (A), by 
     striking ``the fiscal year for which the budget is 
     submitted'' and inserting ``each fiscal year in the biennium 
     for which the budget is submitted''.
       (14) Veterans health.--Section 1105(a) of title 31, United 
     States Code, is amended in the first paragraph designated as 
     paragraph (37) (relating to medical care accounts of the 
     Veterans Health Administration), by striking ``the fiscal 
     year for which the budget is submitted'' and inserting ``each 
     fiscal year in the biennium for which the budget is 
     submitted''.
       (A) Technical amendment.--Section 1105(a) of title 31, 
     United States Code, is amended by redesignating the second 
     paragraph designated as paragraph (37) (relating to plans and 
     reports identified for elimination or consolidation) as 
     paragraph (39).
       (c) Estimated Expenditures of Legislative and Judicial 
     Branches.--Section 1105(b) of title 31, United States Code, 
     is amended by striking ``each year'' and inserting ``each 
     even-numbered year''.
       (d) Recommendations To Meet Estimated Deficiencies.--
     Section 1105(c) of title 31, United States Code, is amended--
       (1) by striking ``the fiscal year for'' the first place it 
     appears and inserting ``each fiscal year in the biennium 
     for'';
       (2) by striking ``the fiscal year for'' the second place it 
     appears and inserting ``each fiscal year of the biennium, as 
     the case may be, for''; and
       (3) by striking ``for that year'' and inserting ``for each 
     fiscal year of the biennium''.
       (e) Capital Investment Analysis.--Section 1105(e)(1) of 
     title 31, United States Code, is amended by striking 
     ``ensuing fiscal year'' and inserting ``biennium to which 
     such budget relates''.
       (f) Supplemental Budget Estimates and Changes.--
       (1) In general.--Section 1106(a) of title 31, United States 
     Code, is amended--
       (A) in the matter preceding paragraph (1), by--
       (i) inserting after ``Before July 16 of each year'' the 
     following: ``and February 15 of each even-numbered year''; 
     and
       (ii) striking ``fiscal year'' and inserting ``biennium'';
       (B) in paragraph (1), by striking ``that fiscal year'' and 
     inserting ``each fiscal year in such biennium'';
       (C) in paragraph (2), by striking ``fiscal year'' and 
     inserting ``biennium''; and
       (D) in paragraph (3), by striking ``fiscal year'' and 
     inserting ``biennium''.
       (2) Changes.--Section 1106(b) of title 31, United States 
     Code, is amended by--
       (A) inserting after ``Before July 16 of each year'' the 
     following: ``and February 15 of each even-numbered year'';
       (B) striking ``the fiscal year'' and inserting ``each 
     fiscal year in the biennium''; and
       (C) striking ``submitted before July 16'' and inserting 
     ``required by this subsection''.
       (g) Current Programs and Activities Estimates.--
       (1) In general.--Section 1109(a) of title 31, United States 
     Code, is amended--
       (A) by striking ``On or before the first Monday after 
     January 3 of each year (on or before February 5 in 1986)'' 
     and inserting ``At the same time the budget required by 
     section 1105 is submitted for a biennium''; and
       (B) by striking ``the following fiscal year'' and inserting 
     ``each fiscal year of such period''.
       (2) Joint economic committee.--Section 1109(b) of title 31, 
     United States Code, is amended by striking ``before March 1 
     of each year'' and inserting ``within 6 weeks of the 
     President's budget submission for each odd-numbered year (or, 
     if applicable, as provided by section 300(b) of the 
     Congressional Budget Act of 1974)''.
       (h) Year-Ahead Requests for Authorizing Legislation.--
     Section 1110 of title 31, United States Code, is amended by--
       (1) striking ``May 16'' and inserting ``March 31''; and
       (2) striking ``year before the year in which the fiscal 
     year begins'' and inserting ``calendar year preceding the 
     calendar year in which the biennium begins''.

     SEC. _05. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF 
                   APPROPRIATIONS ACTS.

       Section 105 of title 1, United States Code, is amended to 
     read as follows:

     ``Sec. 105. Title and style of appropriations Acts

       ``(a) The style and title of all Acts making appropriations 
     for the support of the Government shall be as follows: `An 
     Act making appropriations (here insert the object) for each 
     fiscal year in the biennium of fiscal years (here insert the 
     fiscal years of the biennium).'.
       ``(b) All Acts making regular appropriations for the 
     support of the Government shall be enacted for a biennium and 
     shall specify the amount of appropriations provided for each 
     fiscal year in such period.
       ``(c) For purposes of this section, the term `biennium' has 
     the same meaning as in section 3(12) of the Congressional 
     Budget and Impoundment Control Act of 1974 (2 U.S.C. 
     622(12)).''.

     SEC. _06. MULTIYEAR AUTHORIZATIONS.

       (a) In General.--Title III of the Congressional Budget Act 
     of 1974 is amended by adding at the end the following:


                   ``authorizations of appropriations

       ``Sec. 316.  (a) Point of Order.--It shall not be in order 
     in the House of Representatives or the Senate to consider--
       ``(1) any bill, joint resolution, amendment, motion, or 
     conference report that authorizes appropriations for a period 
     of less than 2 fiscal years, unless the program, project, or 
     activity for which the appropriations are authorized will 
     require no further appropriations and will be completed or 
     terminated after the appropriations have been expended; and
       ``(2) in any odd-numbered year, any authorization or 
     revenue bill or joint resolution until Congress completes 
     action on the biennial budget resolution, all regular 
     biennial appropriations bills, and all reconciliation bills.
       ``(b) Applicability.--In the Senate, subsection (a) shall 
     not apply to--
       ``(1) any measure that is privileged for consideration 
     pursuant to a rule or statute;
       ``(2) any matter considered in Executive Session; or
       ``(3) an appropriations measure or reconciliation bill.''.
       (b) Amendment to Table of Contents.--The table of contents 
     in section 1(b) of the Congressional Budget and Impoundment 
     Control Act of 1974 is amended by inserting after the item 
     relating to section 315 the following:
''Sec. 316. Authorizations of appropriations.''.

     SEC. _07. GOVERNMENT PLANS ON A BIENNIAL BASIS.

       (a) Managerial Accountability and Flexibility.--Section 
     9703 of title 31, United States Code, relating to managerial 
     accountability, is amended--
       (1) in subsection (a)--
       (A) in the first sentence by striking ``annual''; and
       (B) by striking ``section 1105(a)(29)'' and inserting 
     ``section 1105(a)(28)''; and
       (2) in subsection (e)--

[[Page 3562]]

       (A) in the first sentence by striking ``one or'';
       (B) in the second sentence by striking ``a subsequent 
     year'' and inserting ``a subsequent 2-year period''; and
       (C) in the third sentence by striking ``three'' and 
     inserting ``4''.
       (b) Pilot Projects for Performance Budgeting.--Section 1119 
     of title 31, United States Code, is amended--
       (1) in subsection (d)(1), by striking ``annual'' and 
     inserting ``biennial''; and
       (2) in subsection (e), by striking ``annual'' and inserting 
     ``biennial''.
       (c) Strategic Plans.--Section 2802 of title 39, United 
     States Code, is amended--
       (1) is subsection (a), by striking ``September 30, 1997'' 
     and inserting ``September 30, 2015'';
       (2) in subsection (b)--
       (A) by striking ``five years forward'' and inserting ``6 
     years forward''; and
       (B) by striking ``at least every three years'' and 
     inserting ``at least every 4 years''; and
       (3) in subsection (c)--
       (A) by striking ``section'' the second place it appears and 
     inserting ``section, including a strategic plan submitted by 
     September 30, 2015 meeting the requirements of subsection 
     (a)''.
       (d) Performance Plans.--Section 2803(a) of title 39, United 
     States Code, is amended--
       (1) in the matter before paragraph (1), by striking ``an 
     annual'' and inserting ``a biennial'';
       (2) in paragraph (1), by inserting after ``program 
     activity'' the following: ``for each years 1 and 2 of the 
     biennial plan'';
       (3) in paragraph (5), by striking ``and'' after the 
     semicolon;
       (4) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (5) by adding after paragraph (6) the following:
       ``(7) cover a 2-year period beginning with the first fiscal 
     year of the next biennial budget cycle.''.
       (e) Committee Views of Plans and Reports.--Section 301(d) 
     of the Congressional Budget Act (2 U.S.C. 632(d)) is amended 
     by adding at the end ``Each committee of the Senate or the 
     House of Representatives shall review the strategic plans, 
     performance plans, and performance reports, required under 
     section 306 of title 5, United States Code, and sections 1115 
     and 1116 of title 31, United States Code, of all agencies 
     under the jurisdiction of the committee. Each committee may 
     provide its views on such plans or reports to the Committee 
     on the Budget of the applicable House.''.
       (f) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on March 1, 2015.
       (2) Agency actions.--Effective on and after the date of 
     enactment of this Act, each agency shall take such actions as 
     necessary to prepare and submit any plan or report in 
     accordance with the amendments made by this title.

     SEC. _08. BIENNIAL APPROPRIATIONS BILLS.

       (a) In General.--Title III of the Congressional Budget Act 
     of 1974 (2 U.S.C. 631 et seq.), as amended by section 
     __06(a), is amended by adding at the end the following:


            ``consideration of biennial appropriations bills

       ``Sec. 317. It shall not be in order in the House of 
     Representatives or the Senate in any odd-numbered year to 
     consider any regular bill providing new budget authority or a 
     limitation on obligations under the jurisdiction of any of 
     the subcommittees of the Committees on Appropriations for 
     only the first fiscal year of a biennium, unless the program, 
     project, or activity for which the new budget authority or 
     obligation limitation is provided will require no additional 
     authority beyond 1 year and will be completed or terminated 
     after the amount provided has been expended.''.
       (b) Amendment to Table of Contents.--The table of contents 
     in section 1(b) of the Congressional Budget and Impoundment 
     Control Act of 1974 is amended by inserting after the item 
     relating to section 316, as added by section __06(b) the 
     following:
``Sec. 317. Consideration of biennial appropriations bills.''.

     SEC. _09. REPORT ON TWO-YEAR FISCAL PERIOD.

       Not later than 180 days after the date of enactment of this 
     Act, the Director of the Office of Management and Budget 
     shall--
       (1) determine the impact and feasibility of changing the 
     definition of a fiscal year and the budget process based on 
     that definition to a 2-year fiscal period with a biennial 
     budget process based on the 2-year period; and
       (2) report the findings of the study to the Committee on 
     the Budget of the House of Representatives and the Committee 
     on the Budget of Senate.

     SEC. _10. EFFECTIVE DATE.

       Except as provided in section __07, this title and the 
     amendments made by this title shall take effect on January 1, 
     2015, and shall apply to budget resolutions and 
     appropriations for the biennium beginning with fiscal year 
     2016.

                          ____________________