Consolidated and Further Continuing Appropriations Act, 2013 (H.R. 933; 113th Congress)

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Department of Defense Appropriations Act, 2013 ( HR933 ; 113th Congress)  (2013) 
by Mr. Rogers of Kentucky
H.R. 933 as introduced


113th CONGRESS


1st Session


H. R. 933


IN THE HOUSE OF REPRESENTATIVES


March 4, 2013


Mr. Rogers of Kentucky introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

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.

Section 1. SHORT TITLE[edit]

This Act may be cited as the“Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing Appropriations Act, 2013”.

Sec. 2. TABLE OF CONTENTS[edit]

The table of contents for this Act is as follows: Division A—Department of Defense Appropriations Act, 2013Division B—Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2013Division C—Full-Year Continuing Appropriations Act, 2013Division D—Across-the-Board Reductions

Sec. 3. REFERENCES[edit]

Except as expressly provided otherwise, any reference to“this Act”contained in division A, B, or C of this Act shall be treated as referring only to the provisions of that division.

Sec. 4. EXPLANATORY STATEMENT[edit]

The explanatory statement regarding this Act printed in the House of Representatives section of the Congressional Record on or about March 7, 2013 by the Chairman of theCommittee on Appropriations of the Houseshall have the same effect with respect to the allocation of funds and implementation of this Act as if it were a joint explanatory statement of a committee of conference.

Sec. 5. AVAILABILITY OF FUNDS[edit]

Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress .

A Department of Defense Appropriations Act, 2013–[edit]

The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2013, for military functions administered by the Department of Defense and for other purposes, namely:

I[edit]

Military personnel– Military personnel, Army– For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty, (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant tosection 156 of Public Law 97–377 , as amended (42 U.S.C. 402 note ), and to the Department of Defense Military Retirement Fund,$40,199,263,000.Military personnel, Navy– For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant tosection 156 of Public Law 97–377 , as amended (42 U.S.C. 402 note ), and to the Department of Defense Military Retirement Fund,$26,902,346,000.Military personnel, Marine Corps– For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant tosection 156 of Public Law 97–377 , as amended (42 U.S.C. 402 note ), and to the Department of Defense Military Retirement Fund,$12,531,549,000.Military personnel, Air Force– For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant tosection 156 of Public Law 97–377 , as amended (42 U.S.C. 402 note ), and to the Department of Defense Military Retirement Fund,$28,052,826,000.Reserve personnel, Army– For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty undersections 10211 ,10302 , and3038 of title 10, United States Code, or while serving on active duty undersection 12301(d) of title 10, United States Code , in connection with performing duty specified insection 12310(a) of title 10, United States Code , or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized bysection 16131 of title 10, United States Code ; and for payments to the Department of Defense Military Retirement Fund,$4,456,823,000.Reserve personnel, Navy– For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty undersection 10211 of title 10, United States Code , or while serving on active duty undersection 12301(d) of title 10, United States Code , in connection with performing duty specified insection 12310(a) of title 10, United States Code , or while undergoing reserve training, or while performing drills or equivalent duty, and expenses authorized bysection 16131 of title 10, United States Code ; and for payments to the Department of Defense Military Retirement Fund,$1,874,023,000.Reserve personnel, Marine Corps– For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty undersection 10211 of title 10, United States Code , or while serving on active duty undersection 12301(d) of title 10, United States Code , in connection with performing duty specified insection 12310(a) of title 10, United States Code , or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized bysection 16131 of title 10, United States Code ; and for payments to the Department of Defense Military Retirement Fund,$658,251,000.Reserve personnel, Air Force– For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty undersections 10211 ,10305 , and8038 of title 10, United States Code , or while serving on active duty undersection 12301(d) of title 10, United States Code , in connection with performing duty specified insection 12310(a) of title 10, United States Code , or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized bysection 16131 of title 10, United States Code ; and for payments to the Department of Defense Military Retirement Fund,$1,722,425,000.National Guard personnel, Army– For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty undersection 10211 ,10302 , or12402 of title 10 orsection 708 of title 32, United States Code , or while serving on duty undersection 12301(d) of title 10 orsection 502(f) of title 32, United States Code , in connection with performing duty specified insection 12310(a) of title 10, United States Code , or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized bysection 16131 of title 10, United States Code ; and for payments to the Department of Defense Military Retirement Fund,$7,981,577,000.National Guard personnel, Air Force– For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty undersection 10211 ,10305 , or12402 of title 10 orsection 708 of title 32, United States Code , or while serving on duty undersection 12301(d) of title 10 orsection 502(f) of title 32, United States Code , in connection with performing duty specified insection 12310(a) of title 10, United States Code , or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized bysection 16131 of title 10, United States Code ; and for payments to the Department of Defense Military Retirement Fund,$3,153,990,000.

Title II— Operation and maintenance[edit]

Operation and maintenance, Army– For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $12,478,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army , and payments may be made on his certificate of necessity for confidential military purposes,$35,409,260,000.Operation and maintenance, Navy– For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps , as authorized by law; and not to exceed $14,804,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy , and payments may be made on his certificate of necessity for confidential military purposes,$41,614,453,000.Operation and maintenance, Marine Corps– For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps , as authorized by law,$6,034,963,000.Operation and maintenance, Air Force– For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and not to exceed $7,699,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force , and payments may be made on his certificate of necessity for confidential military purposes,$34,780,406,000.Operation and maintenance, Defense-Wide– (Including transfer of funds)– For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law,$31,862,980,000:Provided, That not more than $30,000,000 may be used for the Combatant Commander Initiative Fund authorized undersection 166a of title 10, United States Code :Provided further, That not to exceed $36,000,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense , and payments may be made on his certificate of necessity for confidential military purposes:Provided further, That of the funds provided under this heading, not less than $36,480,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available for centers defined in10 U.S.C. 2411(1)(D) :Provided further, That none of the funds appropriated or otherwise made available by this Act may be used to plan or implement the consolidation of a budget or appropriations liaison office of the Office of the Secretary of Defense , the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces into a legislative affairs or legislative liaison office:Provided further, That $8,563,000, to remain available until expended, is available only for expenses relating to certain classified activities, and may be transferred as necessary by the Secretary of Defense to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and to be available for the same time period as the appropriations to which transferred:Provided further, That any ceiling on the investment item unit cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding proviso:Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.Operation and maintenance, Army Reserve– For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve ; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications,$3,182,923,000.Operation and maintenance, Navy Reserve– For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve ; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications,$1,256,347,000.Operation and maintenance, Marine Corps Reserve– For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve ; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications,$277,377,000.Operation and maintenance, Air Force Reserve– For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve ; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications,$3,261,324,000.Operation and maintenance, Army National Guard– For expenses of training, organizing, and administering the Army National Guard , including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau ; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau ; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft),$7,154,161,000.Operation and maintenance, Air National Guard– For expenses of training, organizing, and administering the Air National Guard , including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; transportation of things, hire of passenger motor vehicles; supplying and equipping the Air National Guard , as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the Department of Defense ; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau ,$6,494,326,000.United States Court of Appeals for the Armed Forces– For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces ,$13,516,000, of which not to exceed $5,000 may be used for official representation purposes.Environmental restoration, Army– (Including transfer of funds)– For the Department of the Army ,$335,921,000, to remain available until transferred:Provided, That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Army , or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army , to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred:Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation:Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.Environmental restoration, Navy– (Including transfer of funds)– For the Department of the Navy ,$310,594,000, to remain available until transferred:Provided, That the Secretary of the Navy shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Navy , or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Navy , to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred:Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation:Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.Environmental restoration, Air Force– (Including transfer of funds)– For the Department of the Air Force ,$529,263,000, to remain available until transferred:Provided, That the Secretary of the Air Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Air Force , or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Air Force , to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred:Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation:Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.Environmental restoration, Defense-Wide– (Including transfer of funds)– For the Department of Defense ,$11,133,000, to remain available until transferred:Provided, That the Secretary of Defense shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of Defense or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of Defense , to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred:Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation:Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.Environmental restoration, formerly used defense sites– (Including transfer of funds)– For the Department of the Army ,$287,543,000, to remain available until transferred:Provided, That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the Department of Defense , transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army , to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred:Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation:Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.Overseas Humanitarian, Disaster, and Civic Aid– For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department of Defense (consisting of the programs provided undersections 401 ,402 ,404 ,407 ,2557 , and2561 of title 10, United States Code ),$108,759,000, to remain available until September 30, 2014.Cooperative threat reduction account– For assistance to the republics of the former Soviet Union and, with appropriate authorization by the Department of Defense and Department of State , to countries outside of the former Soviet Union, including assistance provided by contract or by grants, for facilitating the elimination and the safe and secure transportation and storage of nuclear, chemical and other weapons; for establishing programs to prevent the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons components and weapons technology and expertise, and for defense and military contacts,$519,111,000, to remain available until September 30, 2015.Department of Defense Acquisition Workforce Development Fund– For the Department of Defense Acquisition Workforce Development Fund,$50,198,000.

Title III— Procurement[edit]

Aircraft procurement, Army– For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes,$6,028,754,000, to remain available for obligation until September 30, 2015.Missile procurement, Army– For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes,$1,535,433,000, to remain available for obligation until September 30, 2015.Procurement of weapons and tracked combat vehicles, Army– For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes,$1,857,823,000, to remain available for obligation until September 30, 2015.Procurement of ammunition, Army– For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized bysection 2854 of title 10, United States Code , and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes,$1,641,306,000, to remain available for obligation until September 30, 2015.Other procurement, Army– For construction, procurement, production, and modification of vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes,$5,741,664,000, to remain available for obligation until September 30, 2015.Aircraft procurement, Navy– For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway,$17,382,152,000, to remain available for obligation until September 30, 2015.Weapons procurement, Navy– For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway,$3,036,871,000, to remain available for obligation until September 30, 2015.Procurement of ammunition, Navy and Marine Corps– For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized bysection 2854 of title 10, United States Code , and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes,$659,897,000, to remain available for obligation until September 30, 2015.Shipbuilding and conversion, Navy– For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long lead time components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows:Carrier Replacement Program, $565,371,000;Virginia Class Submarine, $3,217,601,000;Virginia Class Submarine (AP), $1,652,557,000;CVN Refuelings, $1,613,392,000;CVN Refuelings (AP), $70,010,000;DDG–1000 Program, $669,222,000;DDG–51 Destroyer, $4,036,628,000;DDG–51 Destroyer (AP), $466,283,000;Littoral Combat Ship, $1,784,959,000;LPD–17 (AP), $263,255,000;Joint High Speed Vessel, $189,196,000;Moored Training Ship, $307,300,000;LCAC Service Life Extension Program, $85,830,000; andFor outfitting, post delivery, conversions, and first destination transportation, $290,035,000.Completion of Prior Year Shipbuilding Programs, $372,573,000.In all:$15,584,212,000, to remain available for obligation until September 30, 2017:Provided, That additional obligations may be incurred after September 30, 2017, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction:Provided further, That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign facilities for the construction of major components of such vessel:Provided further, That none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards.Other procurement, Navy– For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway,$5,955,078,000, to remain available for obligation until September 30, 2015.Procurement, Marine Corps– For expenses necessary for the procurement, manufacture, and modification of missiles, armament, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps , including the purchase of passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title,$1,411,411,000, to remain available for obligation until September 30, 2015.Aircraft procurement, Air Force– For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things,$11,774,019,000, to remain available for obligation until September 30, 2015.Missile procurement, Air Force– For construction, procurement, and modification of missiles, spacecraft, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things,$4,962,376,000, to remain available for obligation until September 30, 2015.Procurement of ammunition, Air Force– For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized bysection 2854 of title 10, United States Code , and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes,$594,694,000, to remain available for obligation until September 30, 2015.Other procurement, Air Force– For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; lease of passenger motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway,$17,082,508,000, to remain available for obligation until September 30, 2015.Procurement, defense-Wide– For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway,$4,878,985,000, to remain available for obligation until September 30, 2015.Defense production act purchases– For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950(50 U.S.C. App. 2078,2091,2092, and2093),$223,531,000, to remain available until expended.

Title IV— Research, development, test and evaluation[edit]

Research, development, test and evaluation, Army– For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment,$8,676,627,000, to remain available for obligation until September 30, 2014.Research, development, test and evaluation, Navy– For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment,$16,963,398,000, to remain available for obligation until September 30, 2014:Provided, That funds appropriated in this paragraph which are available for the V–22 may be used to meet unique operational requirements of the Special Operations Forces:Provided further, That funds appropriated in this paragraph shall be available for the Cobra Judy program.Research, development, test and evaluation, Air Force– For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment,$25,432,738,000, to remain available for obligation until September 30, 2014.Research, development, test and evaluation, defense-Wide– (Including transfer of funds)– For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense , pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment,$18,631,946,000, to remain available for obligation until September 30, 2014:Provided, That of the funds made available in this paragraph, $250,000,000 for the Defense Rapid Innovation Program shall only be available for expenses, not otherwise provided for, to include program management and oversight, to conduct research, development, test and evaluation to include proof of concept demonstration; engineering, testing, and validation; and transition to full-scale production:Provided further, That the Secretary of Defense may transfer funds provided herein for the Defense Rapid Innovation Program to appropriations for research, development, test and evaluation to accomplish the purpose provided herein:Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense :Provided further, That the Secretary of Defense shall, not fewer than 30 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer.Operational test and evaluation, defense– For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith,$223,768,000, to remain available for obligation until September 30, 2014.

Title V— Revolving and management funds[edit]

Defense working capital funds– For the Defense Working Capital Funds,$1,516,184,000.National defense sealift fund– For National Defense Sealift Fund programs, projects, and activities, and for expenses of the National Defense Reserve Fleet, as established by section 11 of the Merchant Ship Sales Act of 1946(50 U.S.C. App. 1744), and for the necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States,$697,840,000, to remain available until expended:Provided, That none of the funds provided in this paragraph shall be used to award a new contract that provides for the acquisition of any of the following major components unless such components are manufactured in the United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard cranes:Provided further, That the exercise of an option in a contract awarded through the obligation of previously appropriated funds shall not be considered to be the award of a new contract:Provided further, That the Secretary of the military department responsible for such procurement may waive the restrictions in the first proviso on a case-by-case basis by certifying in writing to theCommittees on Appropriations of the House of Representativesand theSenatethat adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes.

Title VI— Other Department of Defense programs[edit]

Defense health program– For expenses, not otherwise provided for, for medical and health care programs of the Department of Defense as authorized by law,$32,715,304,000; of which $30,885,165,000 shall be for operation and maintenance, of which not to exceed one percent shall remain available until September 30, 2014, and of which up to $15,934,952,000 may be available for contracts entered into under the TRICARE program; of which $521,762,000, to remain available for obligation until September 30, 2015, shall be for procurement; and of which $1,308,377,000, to remain available for obligation until September 30, 2014, shall be for research, development, test and evaluation:Provided, That, notwithstanding any other provision of law, of the amount made available under this heading for research, development, test and evaluation, not less than $8,000,000 shall be available for HIV prevention educational activities undertaken in connection with United States military training, exercises, and humanitarian assistance activities conducted primarily in African nations:Provided further, That of the funds provided to develop a joint Department of Defense—Department of Veterans Affairs (DOD–VA) integrated Electronic Health Record, not more than 25 percent may be obligated until the DOD–VA Interagency Program Office submits to theCommittees on Appropriationsof bothHouses of Congress, and such Committees approve, a plan for expenditure that: (1) defines the budget and cost baseline for development of the integrated Electronic Health Record; (2) identifies the deployment timeline for the system for both agencies; (3) breaks out annual and total spending for each Department; (4) relays detailed cost-sharing business rules; (5) establishes data standardization schedules between the Departments; (6) has been submitted to the Government Accountability Office for review; and (7) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government.Chemical agents and munitions destruction, Defense– For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with the provisions of section 1412 of the Department of Defense Authorization Act, 1986(50 U.S.C. 1521 ), and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile,$1,301,786,000, of which $635,843,000 shall be for operation and maintenance, of which no less than $53,948,000 shall be for the Chemical Stockpile Emergency Preparedness Program, consisting of $22,214,000 for activities on military installations and $31,734,000, to remain available until September 30, 2014, to assist State and local governments; $18,592,000 shall be for procurement, to remain available until September 30, 2015, of which $1,823,000 shall be for the Chemical Stockpile Emergency Preparedness Program to assist State and local governments; and $647,351,000, to remain available until September 30, 2014, shall be for research, development, test and evaluation, of which $627,705,000 shall only be for the Assembled Chemical Weapons Alternatives (ACWA) program.Drug interdiction and counter-Drug activities, Defense– (Including transfer of funds)– For drug interdiction and counter-drug activities of the Department of Defense , for transfer to appropriations available to the Department of Defense for military personnel of the reserve components serving under the provisions oftitle 10 and title 32, United States Code; for operation and maintenance; for procurement; and for research, development, test and evaluation,$1,159,263,000:Provided, That the funds appropriated under this heading shall be available for obligation for the same time period and for the same purpose as the appropriation to which transferred:Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation:Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority contained elsewhere in this Act.Office of the Inspector General– For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended,$350,321,000, of which $347,621,000 shall be for operation and maintenance, of which not to exceed $700,000 is available for emergencies and extraordinary expenses to be expended on the approval or authority of the Inspector General , and payments may be made on the Inspector General's certificate of necessity for confidential military purposes; and of which $2,700,000, to remain available until September 30, 2015, shall be for procurement.

Title VII— Related agencies[edit]

Central Intelligence Agency Retirement and Disability System Fund– For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain the proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System,$514,000,000.Intelligence Community Management Account– For necessary expenses of the Intelligence Community Management Account,$534,421,000.

Title VIII— General provisions[edit]

8001.[edit]

No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress .

8002.[edit]

During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense :Provided, That salary increases granted to direct and indirect hire foreign national employees of the Department of Defense funded by this Act shall not be at a rate in excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions ofsection 5332 of title 5, United States Code , or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher:Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980:Provided further, That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey.

8003.[edit]

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein.

8004.[edit]

No more than 20 percent of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year:Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers’ Training Corps.(transfer of funds)–

8005.[edit]

Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget , transfer not to exceed $4,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred:Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress :Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority in this Act:Provided further, That no part of the funds in this Act shall be available to prepare or present a request to theCommittees on Appropriationsfor reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress :Provided further, That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2013:Provided further, That transfers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under this section.

8006.[edit]

(a) With regard to the list of specific programs, projects, and activities (and the dollar amounts and adjustments to budget activities corresponding to such programs, projects, and activities) contained in the tables titled“Explanation of Project Level Adjustments”in the explanatory statement described in section 4(in the matter preceding division A of this consolidated Act), the obligation and expenditure of amounts appropriated or otherwise made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts requested are hereby required by law to be carried out in the manner provided by such tables to the same extent as if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in subsection (a)shall not be treated as subdivisions of appropriations for purposes of section 8005of this Act:Provided, That section 8005shall apply when transfers of the amounts described in subsection (a)occur between appropriation accounts.

8007.[edit]

(a) Not later than 60 days after enactment of this Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2013:Provided, That the report shall include—
(1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress , adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both by budget activity and program, project, and activity as detailed in the Budget Appendix; and
(3) an identification of items of special congressional interest.
(b) Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a)is submitted to the congressional defense committees, unless the Secretary of Defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement.(transfer of funds)–

8008.[edit]

During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant tosection 2208 of title 10, United States Code , may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds:Provided, That transfers may be made between such funds:Provided further, That transfers may be made between working capital funds and the“Foreign Currency Fluctuations, Defense”appropriation and the“Operation and Maintenance”appropriation accounts in such amounts as may be determined by the Secretary of Defense , with the approval of the Office of Management and Budget , except that such transfers may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation.

8009.[edit]

Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 calendar days in advance to the congressional defense committees.

8010.[edit]

None of the funds provided in this Act shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at least 30 days in advance of the proposed contract award:Provided, That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government’s liability:Provided further, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act:Provided further, That no multiyear procurement contract can be terminated without 10-day prior notification to the congressional defense committees:Provided further, That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement:Provided further, That none of the funds provided in this Act may be used for a multiyear contract executed after the date of the enactment of this Act unless in the case of any such contract—

(1) the Secretary of Defense has submitted to Congress a budget request for full funding of units to be procured through the contract and, in the case of a contract for procurement of aircraft, that includes, for any aircraft unit to be procured through the contract for which procurement funds are requested in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract;
(3) the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and
(4) the contract does not provide for a price adjustment based on a failure to award a follow-on contract.Funds appropriated in title III of this Act may be used for a multiyear procurement contract as follows:F/A–18E, F/A–18F, and EA–18G aircraft; up to 10 DDG–51 Arleigh Burke class Flight IIA guided missile destroyers, as well as the AEGIS Weapon Systems, MK 41 Vertical Launching Systems, and Commercial Broadband Satellite Systems associated with those vessels; SSN–774 Virginia class submarine and government-furnished equipment; CH–47 Chinook helicopter; and V–22 Osprey aircraft variants.

8011.[edit]

Within the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appropriated pursuant tosection 401 of title 10, United States Code , for humanitarian and civic assistance costs underchapter 20 of title 10, United States Code. Such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted insection 401 of chapter 20 of title 10, United States Code , and these obligations shall be reported as required bysection 401(d) of title 10, United States Code :Provided, That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized byPublic Law 99–239 :Provided further, That upon a determination by the Secretary of the Army that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam.

8012.[edit]

(a) During fiscal year 2013, the civilian personnel of the Department of Defense may not be managed on the basis of any end-strength, and the management of such personnel during that fiscal year shall not be subject to any constraint or limitation (known as an end-strength) on the number of such personnel who may be employed on the last day of such fiscal year.
(b) The fiscal year 2014 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2014 Department of Defense budget request shall be prepared and submitted to the Congress as if subsections (a)and (b)of this provision were effective with regard to fiscal year 2014.
(c) Nothing in this section shall be construed to apply to military (civilian) technicians.

8013.[edit]

None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress .

8014.[edit]

None of the funds appropriated by this Act shall be available for the basic pay and allowances of any member of the Army participating as a full-time student and receiving benefits paid by the Secretary of Veterans Affairs from the Department of Defense Education Benefits Fund when time spent as a full-time student is credited toward completion of a service commitment:Provided, That this section shall not apply to those members who have reenlisted with this option prior to October 1, 1987:Provided further, That this section applies only to active components of the Army.(transfer of funds)–

8015.[edit]

Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protégé Program may be transferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protégé Program developmental assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991(Public Law 101–510 ;10 U.S.C. 2302 note ), as amended, under the authority of this provision or any other transfer authority contained in this Act.

8016.[edit]

None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain 4 inches in diameter and under unless the anchor and mooring chain are manufactured in the United States from components which are substantially manufactured in the United States:Provided, That for the purpose of this section, the term“manufactured”shall include cutting, heat treating, quality control, testing of chain and welding (including the forging and shot blasting process):Provided further, That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the United States:Provided further, That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to theCommittees on Appropriationsthat such an acquisition must be made in order to acquire capability for national security purposes.

8017.[edit]

None of the funds available to the Department of Defense may be used to demilitarize or dispose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited from commercial sale under Federal law, unless the small arms ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for further use.

8018.[edit]

No more than $500,000 of the funds appropriated or made available in this Act shall be used during a single fiscal year for any single relocation of an organization, unit, activity or function of the Department of Defense into or within the National Capital Region:Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the congressional defense committees that such a relocation is required in the best interest of the Government.

8019.[edit]

In addition to the funds provided elsewhere in this Act, $15,000,000 is appropriated only for incentive payments authorized by section 504 of the Indian Financing Act of 1974(25 U.S.C. 1544 ):Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined insection 1544 of title 25, United States Code , or a small business owned and controlled by an individual or individuals defined undersection 4221(9) of title 25, United States Code , shall be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974(25 U.S.C. 1544 )whenever the prime contract or subcontract amount is over $500,000 and involves the expenditure of funds appropriated by an Act making Appropriations for the Department of Defense with respect to any fiscal year:Provided further, That notwithstandingsection 1906 of title 41, United States Code , this section shall be applicable to any Department of Defense acquisition of supplies or services, including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined insection 1544 of title 25, United States Code , or a small business owned and controlled by an individual or individuals defined undersection 4221(9) of title 25, United States Code .

8020.[edit]

Funds appropriated by this Act for the Defense Media Activity shall not be used for any national or international political or psychological activities.

8021.[edit]

During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified insection 2350j(c) of title 10, United States Code , in anticipation of receipt of contributions, only from the Government of Kuwait, under that section:Provided, That upon receipt, such contributions from the Government of Kuwait shall be credited to the appropriations or fund which incurred such obligations.

8022.[edit]

(a) Of the funds made available in this Act, not less than $38,634,000 shall be available for the Civil Air Patrol Corporation , of which—
(1) $28,404,000 shall be available from“Operation and Maintenance, Air Force”to support Civil Air Patrol Corporation operation and maintenance, readiness, counterdrug activities, and drug demand reduction activities involving youth programs;
(2) $9,298,000 shall be available from“Aircraft Procurement, Air Force”; and
(3) $932,000 shall be available from“Other Procurement, Air Force”for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for any funds used by the Civil Air Patrol for counter-drug activities in support of Federal, State, and local government agencies.

8023.[edit]

(a) None of the funds appropriated in this Act are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), either as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal year:Provided, That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds available to the department from any source during fiscal year 2013 may be used by a defense FFRDC, through a fee or other payment mechanism, for construction of new buildings, for payment of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds available to the department during fiscal year 2013, not more than 5,750 staff years of technical effort (staff years) may be funded for defense FFRDCs:Provided; That of the specific amount referred to previously in this subsection, not more than 1,125 staff years may be funded for the defense studies and analysis FFRDCs:Provided further, That this subsection shall not apply to staff years funded in the National Intelligence Program (NIP) and the Military Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of the department’s fiscal year 2014 budget request, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC during that fiscal year and the associated budget estimates.

8024.[edit]

None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy, or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada:Provided, That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate:Provided further, That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to theCommittees on Appropriations of the House of Representativesand theSenatethat adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes:Provided further, That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act.

8025.[edit]

For the purposes of this Act, the term“congressional defense committees”means theArmed Services Committee of the House of Representatives, theArmed Services Committee of the Senate, theSubcommittee on Defense of the Committee on Appropriations of the Senate, and theSubcommittee on Defense of the Committee on Appropriations of the House of Representatives.

8026.[edit]

During the current fiscal year, the Department of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities and private firms:Provided, That the Senior Acquisition Executive of the military department or Defense Agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids:Provided further, That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section.

8027.[edit]

(a)
(1) If the Secretary of Defense , after consultation with the United States Trade Representative , determines that a foreign country which is party to an agreement described in paragraph (2)has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary’s blanket waiver of the Buy American Actwith respect to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1)is any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Actfor certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2013. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreement Act of 1979(19 U.S.C. 2501 et seq. ), or any international agreement to which the United States is a party.
(c) For purposes of this section, the term“Buy American Act”meanschapter 83 of title 41, United States Code.

8028.[edit]

During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment Recovery Account established by section 2921(c)(1) of the National Defense Authorization Act of 1991(Public Law 101–510 ;10 U.S.C. 2687 note )shall be available until expended for the payments specified by section 2921(c)(2) of that Act.

8029.[edit]

(a) Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units located at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air Force Base that are excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under subsection (a)in accordance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington. Any such conveyance shall be subject to the condition that the housing units shall be removed within a reasonable period of time, as determined by the Secretary .
(c) The Operation Walking Shield Program shall resolve any conflicts among requests of Indian tribes for housing units under subsection (a)before submitting requests to the Secretary of the Air Force under subsection (b).
(d) In this section, the term“Indian tribe”means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994(Public Law 103–454 ;108 Stat. 4792;25 U.S.C. 479a–1 ).

8030.[edit]

During the current fiscal year, appropriations which are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item unit cost of not more than $250,000.

8031.[edit]

(a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during fiscal year 1994 and if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement.
(b) The fiscal year 2014 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2014 Department of Defense budget shall be prepared and submitted to the Congress on the basis that any equipment which was classified as an end item and funded in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2014 procurement appropriation and not in the supply management business area or any other area or category of the Department of Defense Working Capital Funds.

8032.[edit]

None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2014:Provided, That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended:Provided further, That any funds appropriated or transferred to the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National Security Act of 1947, as amended, shall remain available until September 30, 2014.

8033.[edit]

Notwithstanding any other provision of law, funds made available in this Act for the Defense Intelligence Agency may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands.

8034.[edit]

Of the funds appropriated to the Department of Defense under the heading“Operation and Maintenance, Defense-Wide”, not less than $12,000,000 shall be made available only for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities.

8035.[edit]

(a) None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act. For purposes of this subsection, the term“Buy American Act”meanschapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a“Made in America”inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance withsection 2410f of title 10, United States Code , whether the person should be debarred from contracting with the Department of Defense .
(c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense , in expending the appropriation, purchase only American-made equipment and products, provided that American-made equipment and products are cost-competitive, quality competitive, and available in a timely fashion.

8036.[edit]

None of the funds appropriated by this Act shall be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement determines—

(1) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support:Provided, That this limitation shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense , who has been confirmed by the Senate , determines that the award of such contract is in the interest of the national defense.

8037.[edit]

(a) Except as provided in subsections (b)and (c), none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee’s place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case basis, if the Secretary determines, and certifies to theCommittees on Appropriations of the House of RepresentativesandSenatethat the granting of the waiver will reduce the personnel requirements or the financial requirements of the department.
(c) This section does not apply to—
(1) field operating agencies funded within the National Intelligence Program;
(2) an Army field operating agency established to eliminate, mitigate, or counter the effects of improvised explosive devices, and, as determined by the Secretary of the Army , other similar threats; or
(3) an Army field operating agency established to improve the effectiveness and efficiencies of biometric activities and to integrate common biometric technologies throughout the Department of Defense .

8038.[edit]

None of the funds made available in this Act may be used to approve or license the sale of the F–22A advanced tactical fighter to any foreign government:Provided, That the Department of Defense may conduct or participate in studies, research, design and other activities to define and develop a future export version of the F–22A that protects classified and sensitive information, technologies and U.S. warfighting capabilities.

8039.[edit]

The Secretary of Defense , notwithstanding any other provision of law, acting through the Office of Economic Adjustment of the Department of Defense , may use funds made available in this Act under the heading“Operation and Maintenance, Defense-Wide”to make grants and supplement other Federal funds in accordance with the guidance provided in the explanatory statement described in section 4(in the matter preceding division A of this consolidated Act).

8040.[edit]

(a) None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the enactment of this Act, is performed by Department of Defense civilian employees unless—
(1) the conversion is based on the result of a public-private competition that includes a most efficient and cost effective organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the Department of Defense by an amount that equals or exceeds the lesser of—
(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense by—
(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract; or
(B) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Department of Defense for health benefits for civilian employees underchapter 89 of title 5, United States Code.
(b)
(1) The Department of Defense , without regard to subsection (a) of this sectionorsubsection (a) ,(b) , or(c) of section 2461 of title 10, United States Code , and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that—
(A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O’Day Act(section 8503 of title 41, United States Code );
(B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a qualified firm under at least 51 percent ownership by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act(25 U.S.C. 450b(e) ), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small Business Act(15 U.S.C. 637(a)(15) ).
(2) This section shall not apply to depot contracts or contracts for depot maintenance as provided insections 2469 and2474 of title 10, United States Code .
(c) The conversion of any activity or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive or outsourcing goal, target, or measurement that may be established by statute, regulation, or policy and is deemed to be awarded under the authority of, and in compliance with,subsection (h) of section 2304 of title 10, United States Code , for the competition or outsourcing of commercial activities.(rescissions)–

8041.[edit]

Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts:“Shipbuilding and Conversion, Navy, 2007/ 2018”: DDG–51 Destroyer, $98,400,000;“Shipbuilding and Conversion, Navy, 2007/ 2018”: DDG–51 Destroyer Advance Procurement, $2,500,000;“Shipbuilding and Conversion, Navy, 2007/ 2018”: CVN Refueling Overhaul, $14,100,000;“Procurement of Ammunition, Army, 2011/ 2013”, $14,862,000;“Other Procurement, Army, 2011/2013”, $108,098,000;“Aircraft Procurement, Navy, 2011/2013”, $43,860,000;“Shipbuilding and Conversion, Navy, 2011/ 2015”: DDG–51 Destroyer, $215,300,000;“Weapons Procurement, Navy, 2011/2013”, $22,000,000;“Aircraft Procurement, Air Force, 2011/2013”, $93,400,000;“Other Procurement, Air Force, 2011/2013”, $9,500,000;“Operation and Maintenance, Defense-Wide, 2012/XXXX”, $21,000,000;“Aircraft Procurement, Army, 2012/2014”, $47,400,000;“Other Procurement, Army, 2012/2014”, $179,608,000;“Aircraft Procurement, Navy, 2012/2014”, $19,040,000;“Shipbuilding and Conversion, Navy, 2012/ 2016”: Littoral Combat Ship, $28,800,000;“Shipbuilding and Conversion, Navy, 2012/ 2016”: DDG–51 Destroyer, $83,000,000;“Weapons Procurement, Navy, 2012/2014”, $36,467,000;“Procurement of Ammunition, Navy and Marine Corps, 2012/2014”, $16,300,000;“Procurement, Marine Corps, 2012/2014”, $132,555,000;“Aircraft Procurement, Air Force, 2012/2014”, $394,299,000;“Missile Procurement, Air Force, 2012/2014”, $52,898,000;“Other Procurement, Air Force, 2012/2014”, $55,800,000;“Procurement, Defense-Wide, 2012/2014”, $16,000,000;“Research, Development, Test and Evaluation, Army, 2012/2013”, $41,000,000;“Research, Development, Test and Evaluation, Navy, 2012/2013”, $246,800,000;“Research, Development, Test and Evaluation, Air Force, 2012/2013”, $149,460,000.

8042.[edit]

None of the funds available in this Act may be used to reduce the authorized positions for military technicians (dual status) of the Army National Guard , Air National Guard , Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure.

8043.[edit]

None of the funds appropriated or otherwise made available in this Act may be obligated or expended for assistance to the Democratic People’s Republic of Korea unless specifically appropriated for that purpose.

8044.[edit]

Funds appropriated in this Act for operation and maintenance of the Military Departments, Combatant Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Intelligence Program and the Military Intelligence Program:Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures.

8045.[edit]

During the current fiscal year, none of the funds appropriated in this Act may be used to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level:Provided, That the Service Surgeons General may waive this section by certifying to the congressional defense committees that the beneficiary population is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and capitation-based budgeting.

8046.[edit]

(a) None of the funds available to the Department of Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction and counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.

8047.[edit]

None of the funds appropriated by this Act may be used for the procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin:Provided, That the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certifying in writing to theCommittees on Appropriations of the House of Representativesand theSenate, that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes:Provided further, That this restriction shall not apply to the purchase of“commercial items”, as defined by section 4(12) of the Office of Federal Procurement Policy Act, except that the restriction shall apply to ball or roller bearings purchased as end items.

8048.[edit]

None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers.

8049.[edit]

None of the funds made available in this or any other Act may be used to pay the salary of any officer or employee of the Department of Defense who approves or implements the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act without the express authorization of Congress:Provided, That this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense .

8050.[edit]

(a) Notwithstanding any other provision of law, none of the funds available to the Department of Defense for the current fiscal year may be obligated or expended to transfer to another nation or an international organization any defense articles or services (other than intelligence services) for use in the activities described in subsection (b)unless the congressional defense committees, theCommittee on Foreign Affairs of the House of Representatives, and theCommittee on Foreign Relations of the Senateare notified 15 days in advance of such transfer.
(b) This section applies to—
(1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the United Nations Charter under the authority of a United Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a)shall include the following:
(1) A description of the equipment, supplies, or services to be transferred.
(2) A statement of the value of the equipment, supplies, or services to be transferred.
(3) In the case of a proposed transfer of equipment or supplies—
(A) a statement of whether the inventory requirements of all elements of the Armed Forces (including the reserve components) for the type of equipment or supplies to be transferred have been met; and
(B) a statement of whether the items proposed to be transferred will have to be replaced and, if so, how the President proposes to provide funds for such replacement.

8051.[edit]

None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of any amount paid by the contractor to an employee when—

(1) such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a business combination.(including transfer of funds)–

8052.[edit]

During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading“Operation and Maintenance, Defense-Wide”may be transferred to appropriations available for the pay of military personnel, to be merged with, and to be available for the same time period as the appropriations to which transferred, to be used in support of such personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant tosection 2012 of title 10, United States Code .

8053.[edit]

During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed under the provisions ofsection 1552 of title 31, United States Code , and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be charged to any current appropriation account for the same purpose as the expired or closed account if—

(1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the end of the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense ; and
(3) in the case of an expired account, the obligation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National Defense Authorization Act for Fiscal Year 1991,Public Law 101–510 , as amended (31 U.S.C. 1551 note ):Provided, That in the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a current account under the authority of this section shall be reversed and recorded against the expired account:Provided further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to 1 percent of the total appropriation for that account.

8054.[edit]

(a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a)shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation.

8055.[edit]

Using funds made available by this Act or any other Act, the Secretary of the Air Force , pursuant to a determination undersection 2690 of title 10, United States Code , may implement cost-effective agreements for required heating facility modernization in the Kaiserslautern Military Community in the Federal Republic of Germany:Provided, That in the City of Kaiserslautern and at the Rhine Ordnance Barracks area, such agreements will include the use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations:Provided further, That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat may be obtained from private, regional or municipal services, if provisions are included for the consideration of United States coal as an energy source.

8056.[edit]

None of the funds appropriated in title IV of this Act may be used to procure end-items for delivery to military forces for operational training, operational use or inventory requirements:Provided, That this restriction does not apply to end-items used in development, prototyping, and test activities preceding and leading to acceptance for operational use:Provided further, That this restriction does not apply to programs funded within the National Intelligence Program:Provided further, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to theCommittees on Appropriations of the House of Representativesand theSenatethat it is in the national security interest to do so.

8057.[edit]

(a) The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into undersection 2531 of title 10, United States Code , and the country does not discriminate against the same or similar defense items produced in the United States for that country.
(b) Subsection (a)applies with respect to—
(1) contracts and subcontracts entered into on or after the date of the enactment of this Act; and
(2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a).
(c) Subsection (a)does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50–65) of the Harmonized Tariff Schedule and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.

8058.[edit]

(a) None of the funds made available by this Act may be used to support any training program involving a unit of the security forces or police of a foreign country if the Secretary of Defense has received credible information from the Department of State that the unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken.
(b) The Secretary of Defense , in consultation with the Secretary of State , shall ensure that prior to a decision to conduct any training program referred to in subsection (a), full consideration is given to all credible information available to the Department of State relating to human rights violations by foreign security forces.
(c) The Secretary of Defense , after consultation with the Secretary of State , may waive the prohibition in subsection (a)if he determines that such waiver is required by extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver under subsection (c), the Secretary of Defense shall submit a report to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training program, the United States forces and the foreign security forces involved in the training program, and the information relating to human rights violations that necessitates the waiver.

8059.[edit]

None of the funds appropriated or otherwise made available by this or other Department of Defense Appropriations Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense , including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business.

8060.[edit]

Notwithstanding any other provision of law, funds appropriated in this Act under the heading“Research, Development, Test and Evaluation, Defense-Wide”for any new start advanced concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report, including a description of the project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided in writing to the congressional defense committees:Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so.

8061.[edit]

The Secretary of Defense shall provide a classified quarterly report beginning 30 days after enactment of this Act, to the House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the classified annex accompanying this Act.

8062.[edit]

During the current fiscal year, none of the funds available to the Department of Defense may be used to provide support to another department or agency of the United States if such department or agency is more than 90 days in arrears in making payment to the Department of Defense for goods or services previously provided to such department or agency on a reimbursable basis:Provided, That this restriction shall not apply if the department is authorized by law to provide support to such department or agency on a nonreimbursable basis, and is providing the requested support pursuant to such authority:Provided further, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to theCommittees on Appropriations of the House of Representativesand theSenatethat it is in the national security interest to do so.

8063.[edit]

Notwithstandingsection 12310(b) of title 10, United States Code , a Reserve who is a member of the National Guard serving on full-time National Guard duty undersection 502(f) of title 32, United States Code , may perform duties in support of the ground-based elements of the National Ballistic Missile Defense System.

8064.[edit]

None of the funds provided in this Act may be used to transfer to any nongovernmental entity ammunition held by the Department of Defense that has a center-fire cartridge and a United States military nomenclature designation of“armor penetrator”,“armor piercing (AP)”,“armor piercing incendiary (API)”, or“armor-piercing incendiary tracer (API–T)”, except to an entity performing demilitarization services for the Department of Defense under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State .

8065.[edit]

Notwithstanding any other provision of law, the Chief of the National Guard Bureau , or his designee, may waive payment of all or part of the consideration that otherwise would be required undersection 2667 of title 10, United States Code , in the case of a lease of personal property for a period not in excess of 1 year to any organization specified insection 508(d) of title 32, United States Code , or any other youth, social, or fraternal nonprofit organization as may be approved by the Chief of the National Guard Bureau , or his designee, on a case-by-case basis.

8066.[edit]

None of the funds appropriated by this Act shall be used for the support of any nonappropriated funds activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States unless such malt beverages and wine are procured within that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located:Provided, That in a case in which the military installation is located in more than one State, purchases may be made in any State in which the installation is located:Provided further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for military installations in States which are not contiguous with another State:Provided further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered.(including transfer of funds)–

8067.[edit]

Of the amounts appropriated in this Act under the heading“Operation and Maintenance, Army”, $133,381,000 shall remain available until expended:Provided, That notwithstanding any other provision of law, the Secretary of Defense is authorized to transfer such funds to other activities of the Federal Government:Provided further, That the Secretary of Defense is authorized to enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purposes of this section:Provided further, That contracts entered into under the authority of this section may provide for such indemnification as the Secretary determines to be necessary:Provided further, That projects authorized by this section shall comply with applicable Federal, State, and local law to the maximum extent consistent with the national security, as determined by the Secretary of Defense .

8068.[edit]

Section 8106 of the Department of Defense Appropriations Act, 1997(titles I through VIII of the matter undersubsection 101(b) of Public Law 104–208 ;110 Stat. 3009–111;10 U.S.C. 113 note )shall continue in effect to apply to disbursements that are made by the Department of Defense in fiscal year 2013.(including transfer of funds)– 

8069.[edit]

During the current fiscal year, not to exceed $200,000,000 from funds available under“Operation and Maintenance, Defense-Wide”may be transferred to the Department of State “Global Security Contingency Fund”:Provided, That this transfer authority is in addition to any other transfer authority available to the Department of Defense :Provided further, That the Secretary of Defense shall, not fewer than 30 days prior to making transfers to the Department of State “Global Security Contingency Fund”, notify the congressional defense committees in writing with the source of funds and a detailed justification, execution plan, and timeline for each proposed project.

8070.[edit]

In addition to amounts provided elsewhere in this Act, $4,000,000 is hereby appropriated to the Department of Defense , to remain available for obligation until expended:Provided, That notwithstanding any other provision of law, that upon the determination of the Secretary of Defense that it shall serve the national interest, these funds shall be available only for a grant to the Fisher House Foundation, Inc., only for the construction and furnishing of additional Fisher Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary.(including transfer of funds)–

8071.[edit]

Of the amounts appropriated in this Act under the headings“Procurement, Defense-Wide”and“Research, Development, Test and Evaluation, Defense-Wide”, $479,736,000 shall be for the Israeli Cooperative Programs:Provided, That of this amount, $211,000,000 shall be for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats, $149,679,000 shall be for the Short Range Ballistic Missile Defense (SRBMD) program, including cruise missile defense research and development under the SRBMD program, of which $39,200,000 shall be for production activities of SRBMD missiles in the United States and in Israel to meet Israel’s defense requirements consistent with each nation’s laws, regulations, and procedures, $74,692,000 shall be available for an upper-tier component to the Israeli Missile Defense Architecture, and $44,365,000 shall be for the Arrow System Improvement Program including development of a long range, ground and airborne, detection suite:Provided further, That funds made available under this provision for production of missiles and missile components may be transferred to appropriations available for the procurement of weapons and equipment, to be merged with and to be available for the same time period and the same purposes as the appropriation to which transferred:Provided further, That the transfer authority provided under this provision is in addition to any other transfer authority contained in this Act.

8072.[edit]

(a) None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of U.S. Navy forces assigned to the Pacific fleet.
(b) None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give United States Transportation Command operational and administrative control of C–130 and KC–135 forces assigned to the Pacific and European Air Force Commands.
(c) The command and control relationships in subsections (a)and (b)which existed on March 13, 2011, shall remain in force unless changes are specifically authorized in a subsequent Act.
(d) This subsection does not apply to administrative control of Navy Air and Missile Defense Command.(including transfer of funds)–

8073.[edit]

Of the amounts appropriated in this Act under the heading“Shipbuilding and Conversion, Navy”, $372,573,000 shall be available until September 30, 2013, to fund prior year shipbuilding cost increases:Provided, That upon enactment of this Act, the Secretary of the Navy shall transfer funds to the following appropriations in the amounts specified:Provided further, That the amounts transferred shall be merged with and be available for the same purposes as the appropriations to which transferred to:

(1) Under the heading“Shipbuilding and Conversion, Navy, 2007/2013”: LHA Replacement Program $156,685,000;
(2) Under the heading“Shipbuilding and Conversion, Navy, 2008/2013”: LPD–17 Amphibious Transport Dock Program $80,888,000; and
(3) Under the heading“Shipbuilding and Conversion, Navy, 2009/2013”: CVN Refueling Overhauls Program $135,000,000.

8074.[edit]

Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947(50 U.S.C. 414 )during fiscal year 2013 until the enactment of the Intelligence Authorization Act for Fiscal Year 2013.

8075.[edit]

None of the funds provided in this Act shall be available for obligation or expenditure through a reprogramming of funds that creates or initiates a new program, project, or activity unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written prior notification to the congressional defense committees.

8076.[edit]

The budget of the President for fiscal year 2014 submitted to the Congress pursuant tosection 1105 of title 31, United States Code , shall include separate budget justification documents for costs of United States Armed Forces’ participation in contingency operations for the Military Personnel accounts, the Operation and Maintenance accounts, and the Procurement accounts:Provided, That these documents shall include a description of the funding requested for each contingency operation, for each military service, to include all Active and Reserve components, and for each appropriations account:Provided further, That these documents shall include estimated costs for each element of expense or object class, a reconciliation of increases and decreases for each contingency operation, and programmatic data including, but not limited to, troop strength for each Active and Reserve component, and estimates of the major weapons systems deployed in support of each contingency:Provided further, That these documents shall include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal years.

8077.[edit]

None of the funds in this Act may be used for research, development, test, evaluation, procurement or deployment of nuclear armed interceptors of a missile defense system.

8078.[edit]

In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $44,000,000 is hereby appropriated to the Department of Defense :Provided, That upon the determination of the Secretary of Defense that it shall serve the national interest, he shall make grants in the amounts specified as follows: $20,000,000 to the United Service Organizations and $24,000,000 to the Red Cross.

8079.[edit]

None of the funds appropriated or made available in this Act shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act:Provided, That the Air Force shall allow the 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense requirements during the non-hurricane season.

8080.[edit]

None of the funds provided in this Act shall be available for integration of foreign intelligence information unless the information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities:Provided, That information pertaining to United States persons shall only be handled in accordance with protections provided in the Fourth Amendment of the United States Constitution as implemented through Executive Order No. 12333.

8081.[edit]

(a) At the time members of reserve components of the Armed Forces are called or ordered to active duty undersection 12302(a) of title 10, United States Code , each member shall be notified in writing of the expected period during which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of subsection (a)in any case in which the Secretary determines that it is necessary to do so to respond to a national security emergency or to meet dire operational requirements of the Armed Forces.(including transfer of funds)–

8082.[edit]

The Secretary of Defense may transfer funds from any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program appropriated in law:Provided, That the Secretary may transfer not to exceed $100,000,000 under the authority provided by this section:Provided further, That the Secretary may not transfer any funds until 30 days after the proposed transfer has been reported to theCommittees on Appropriations of the House of Representativesand theSenate, unless a response from the Committees is received sooner:Provided further, That any funds transferred pursuant to this section shall retain the same period of availability as when originally appropriated:Provided further, That the transfer authority provided by this section is in addition to any other transfer authority contained elsewhere in this Act.

8083.[edit]

For purposes ofsection 7108 of title 41, United States Code , any subdivision of appropriations made under the heading“Shipbuilding and Conversion, Navy”that is not closed at the time reimbursement is made shall be available to reimburse the Judgment Fund and shall be considered for the same purposes as any subdivision under the heading“Shipbuilding and Conversion, Navy”appropriations in the current fiscal year or any prior fiscal year.

8084.[edit]

(a) None of the funds appropriated by this Act may be used to transfer research and development, acquisition, or other program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to support the Secretary of Defense in matters relating to the employment of unmanned aerial vehicles.

8085.[edit]

Up to $15,000,000 of the funds appropriated under the heading“Operation and Maintenance, Navy”may be made available for the Asia Pacific Regional Initiative Program for the purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and payment of incremental and personnel costs of training and exercising with foreign security forces:Provided, That funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance, security assistance or combined exercise expenses:Provided further, That funds may not be obligated to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.

8086.[edit]

None of the funds appropriated by this Act for programs of the Office of the Director of National Intelligence shall remain available for obligation beyond the current fiscal year, except for funds appropriated for research and technology, which shall remain available until September 30, 2014.

8087.[edit]

For purposes ofsection 1553(b) of title 31, United States Code , any subdivision of appropriations made in this Act under the heading“Shipbuilding and Conversion, Navy”shall be considered to be for the same purpose as any subdivision under the heading“Shipbuilding and Conversion, Navy”appropriations in any prior fiscal year, and the 1 percent limitation shall apply to the total amount of the appropriation.

8088.[edit]

The Director of National Intelligence shall include the budget exhibits identified in paragraphs (1)and (2)as described in the Department of Defense Financial Management Regulation with the congressional budget justification books:

(1) For procurement programs requesting more than $10,000,000 in any fiscal year, the P–1, Procurement Program; P–5, Cost Analysis; P–5a, Procurement History and Planning; P–21, Production Schedule; and P–40, Budget Item Justification.
(2) For research, development, test and evaluation projects requesting more than $5,000,000 in any fiscal year, the R–1, Research, Development, Test and Evaluation Program; R–2, Research, Development, Test and Evaluation Budget Item Justification; R–3, Research, Development, Test and Evaluation Project Cost Analysis; and R–4, Research, Development, Test and Evaluation Program Schedule Profile.

8089.[edit]

(a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit a report to the congressional intelligence committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2013:Provided, That the report shall include—
(1) a table for each appropriation with a separate column to display the President’s budget request, adjustments made by Congress , adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by Expenditure Center and project; and
(3) an identification of items of special congressional interest.
(b) None of the funds provided for the National Intelligence Program in this Act shall be available for reprogramming or transfer until the report identified in subsection (a)is submitted to the congressional intelligence committees, unless the Director of National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement.(including transfer of funds)–

8090.[edit]

Of the funds appropriated in the Intelligence Community Management Account for the Program Manager for the Information Sharing Environment, $20,000,000 is available for transfer by the Director of National Intelligence to other departments and agencies for purposes of Government-wide information sharing activities:Provided, That funds transferred under this provision are to be merged with and available for the same purposes and time period as the appropriation to which transferred:Provided further, That the Office of Management and Budget must approve any transfers made under this provision.

8091.[edit]

(a) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947(50 U.S.C. 403–1(d) )that—
(1) creates a new start effort;
(2) terminates a program with appropriated funding of $10,000,000 or more;
(3) transfers funding into or out of the National Intelligence Program; or
(4) transfers funding between appropriations,unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947(50 U.S.C. 403–1(d) )that results in a cumulative increase or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements.

8092.[edit]

The Director of National Intelligence shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress that year undersection 1105(a) of title 31, United States Code , a future-years intelligence program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years intelligence program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.

8093.[edit]

For the purposes of this Act, the term“congressional intelligence committees”means thePermanent Select Committee on Intelligence of the House of Representatives, theSelect Committee on Intelligence of the Senate, theSubcommittee on Defense of the Committee on Appropriations of the House of Representatives, and theSubcommittee on Defense of the Committee on Appropriations of the Senate.

8094.[edit]

The Department of Defense shall continue to report incremental contingency operations costs for Operation New Dawn and Operation Enduring Freedom, or any other named operations in the U.S. Central Command area of operation on a monthly basis in the Cost of War Execution Report as prescribed in the Department of Defense Financial Management Regulation Department of Defense Instruction 7000.14, Volume 12, Chapter 23“Contingency Operations”, Annex 1, dated September 2005.(including transfer of funds)–

8095.[edit]

During the current fiscal year, not to exceed $11,000,000 from each of the appropriations made in title II of this Act for“Operation and Maintenance, Army”,“Operation and Maintenance, Navy”, and“Operation and Maintenance, Air Force”may be transferred by the military department concerned to its central fund established for Fisher Houses and Suites pursuant tosection 2493(d) of title 10, United States Code .(including transfer of funds)–

8096.[edit]

Funds appropriated by this Act for operation and maintenance may be available for the purpose of making remittances to the Defense Acquisition Workforce Development Fund in accordance with the requirements ofsection 1705 of title 10, United States Code .

8097.[edit]

(a) Any agency receiving funds made available in this Act, shall, subject to subsections (b)and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest.
(b) Subsection (a)shall not apply to a report if—
(1) the public posting of the report compromises national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days.

8098.[edit]

(a) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor agrees not to—
(1) enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract unless the contractor certifies that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce any provision of, any agreement as described in paragraphs (1)and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. For purposes of this subsection, a“covered subcontractor”is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a contractor’s or subcontractor’s agreements with employees or independent contractors that may not be enforced in a court of the United States.
(d) The Secretary of Defense may waive the application of subsection (a)or (b)to a particular contractor or subcontractor for the purposes of a particular contract or subcontract if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The determination shall set forth with specificity the grounds for the waiver and for the contract or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative would not avoid harm to national security interests of the United States. The Secretary of Defense shall transmit to Congress , and simultaneously make public, any determination under this subsection not less than 15 business days before the contract or subcontract addressed in the determination may be awarded.

8099.[edit]

None of the funds made available under this Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.(including transfer of funds)–

8100.[edit]

From within the funds appropriated for operation and maintenance for the Defense Health Program in this Act, up to $139,204,000, shall be available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund in accordance with the provisions of section 1704 of the National Defense Authorization Act for Fiscal Year 2010,Public Law 111–84 :Provided, That for purposes of section 1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described bysection 706 of Public Law 110–417 :Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Defense to theCommittees on Appropriations of the House of Representativesand theSenate.

8101.[edit]

The Office of the Director of National Intelligence shall not employ more Senior Executive employees than are specified in the classified annex.

8102.[edit]

None of the funds appropriated or otherwise made available by this Act may be obligated or expended to pay a retired general or flag officer to serve as a senior mentor advising the Department of Defense unless such retired officer files a Standard Form 278 (or successor form concerning public financial disclosure under part 2634 of title 5, Code of Federal Regulations) to the Office of Government Ethics .

8103.[edit]

Appropriations available to the Department of Defense may be used for the purchase of heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $250,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles.

8104.[edit]

Of the amounts appropriated for“Operation and Maintenance, Defense-Wide”, the following amounts shall be available to the Secretary of Defense , for the following authorized purposes, notwithstanding any other provision of law, acting through the Office of Economic Adjustment of the Department of Defense , to make grants, conclude cooperative agreements, and supplement other Federal funds, to remain available until expended, to assist the civilian population of Guam in response to the military buildup of Guam: (1) $13,000,000 for addressing the need for construction of a regional public health laboratory; and (2) $106,400,000 for addressing the need for civilian water and wastewater improvements:Provided, That the Secretary of Defense shall, not fewer than 15 days prior to obligating funds for either of the foregoing purposes, notify the congressional defense committees in writing of the details of any such obligation.(including transfer of funds)–

8105.[edit]

There is hereby established in the Treasury of the United States the“Ship Modernization, Operations and Sustainment Fund”. There is appropriated $2,382,100,000, for the“Ship Modernization, Operations and Sustainment Fund”, to remain available until September 30, 2014:Provided, That the Secretary of the Navy shall transfer funds from the“Ship Modernization, Operations and Sustainment Fund”to appropriations for military personnel; operation and maintenance; research, development, test and evaluation; and procurement, only for the purposes of manning, operating, sustaining, equipping and modernizing the Ticonderoga-class guided missile cruisers CG–63, CG–64, CG–65, CG–66, CG–68, CG–69, CG–73, and the Whidbey Island-class dock landing ships LSD–41 and LSD–46:Provided further, That funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation to which they are transferred:Provided further, That the transfer authority provided herein shall be in addition to any other transfer authority available to the Department of Defense :Provided further, That the Secretary of the Navy shall, not less than 30 days prior to making any transfer from the“Ship Modernization, Operations and Sustainment Fund”, notify the congressional defense committees in writing of the details of such transfer.

8106.[edit]

None of the funds made available by this Act may be used by the Secretary of Defense to take beneficial occupancy of more than 2,500 parking spaces (other than handicap-reserved spaces) to be provided by the BRAC 133 project:Provided, That this limitation may be waived in part if: (1) the Secretary of Defense certifies to Congress that levels of service at existing intersections in the vicinity of the project have not experienced failing levels of service as defined by the Transportation Research Board Highway Capacity Manual over a consecutive 90-day period; (2) the Department of Defense and the Virginia Department of Transportation agree on the number of additional parking spaces that may be made available to employees of the facility subject to continued 90-day traffic monitoring; and (3) the Secretary of Defense notifies the congressional defense committees in writing at least 14 days prior to exercising this waiver of the number of additional parking spaces to be made available.

8107.[edit]

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall resume quarterly reporting of the numbers of civilian personnel end strength by appropriation account for each and every appropriation account used to finance Federal civilian personnel salaries to the congressional defense committees within 15 days after the end of each fiscal quarter.

8108.[edit]

None of the funds appropriated in this or any other Act may be used to plan, prepare for, or otherwise take any action to undertake or implement the separation of the National Intelligence Program budget from the Department of Defense budget.(including transfer of funds)–

8109.[edit]

Upon a determination by the Director of National Intelligence that such action is necessary and in the national interest, the Director may, with the approval of the Office of Management and Budget , transfer not to exceed $2,000,000,000 of the funds made available in this Act for the National Intelligence Program:Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress :Provided further, That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2013.(including transfer of funds)–

8110.[edit]

In addition to amounts provided elsewhere in the Act, there is appropriated $270,000,000 for an additional amount for“Operation and Maintenance, Defense-Wide”, to be available until expended:Provided, That such funds shall only be available to the Secretary of Defense , acting through the Office of Economic Adjustment of the Department of Defense , or for transfer to the Secretary of Education, notwithstanding any other provision of law, to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate, repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition deficiencies at such schools:Provided further, That in making such funds available, the Office of Economic Adjustment or the Secretary of Education shall give priority consideration to those military installations with schools having the most serious capacity or facility condition deficiencies as determined by the Secretary of Defense :Provided further, That funds may not be made available for a school unless its enrollment of Department of Defense-connected children is greater than 50 percent.

8111.[edit]

None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who—

(1) is not a United States citizen or a member of the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantánamo Bay, Cuba, by the Department of Defense .

8112.[edit]

(a)
(1) Except as provided in paragraph (2)and subsection (d), none of the funds appropriated or otherwise made available in this or any other Act may be used to transfer any individual detained at Guantánamo to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity unless the Secretary of Defense submits to Congress the certification described in subsection (b)not later than 30 days before the transfer of the individual.
(2) Paragraph (1)shall not apply to any action taken by the Secretary to transfer any individual detained at Guantánamo to effectuate—
(A) an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act.
(b) A certification described in this subsection is a written certification made by the Secretary of Defense , with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence , that—
(1) the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantánamo is to be transferred—
(A) is not a designated state sponsor of terrorism or a designated foreign terrorist organization;
(B) maintains control over each detention facility in which the individual is to be detained if the individual is to be housed in a detention facility;
(C) is not, as of the date of the certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual;
(D) has taken or agreed to take effective actions to ensure that the individual cannot take action to threaten the United States, its citizens, or its allies in the future;
(E) has taken or agreed to take such actions as the Secretary of Defense determines are necessary to ensure that the individual cannot engage or re-engage in any terrorist activity; and
(F) has agreed to share with the United States any information that—
(i) is related to the individual or any associates of the individual; and
(ii) could affect the security of the United States, its citizens, or its allies; and
(2) includes an assessment, in classified or unclassified form, of the capacity, willingness, and past practices (if applicable) of the foreign country or entity in relation to the Secretary’s certifications.
(c)
(1) Except as provided in paragraph (2)and subsection (d), none of the funds appropriated or otherwise made available in this or any other Act may be used to transfer any individual detained at Guantánamo to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity if there is a confirmed case of any individual who was detained at United States Naval Station, Guantánamo Bay, Cuba, at any time after September 11, 2001, who was transferred to such foreign country or entity and subsequently engaged in any terrorist activity.
(2) Paragraph (1)shall not apply to any action taken by the Secretary to transfer any individual detained at Guantánamo to effectuate—
(A) an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act.
(d)
(1) The Secretary of Defense may waive the applicability to a detainee transfer of a certification requirement specified in subparagraph (D)or (E) of subsection (b)(1)or the prohibition in subsection (c), if the Secretary certifies the rest of the criteria required by subsection (b)for transfers prohibited by (c)and, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence , determines that—
(A) alternative actions will be taken to address the underlying purpose of the requirement or requirements to be waived;
(B) in the case of a waiver of subparagraph (D)or (E) of subsection (b)(1), it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated, but the actions to be taken under subparagraph (A)will substantially mitigate such risks with regard to the individual to be transferred;
(C) in the case of a waiver of subsection (c), the Secretary has considered any confirmed case in which an individual who was transferred to the country subsequently engaged in terrorist activity, and the actions to be taken under subparagraph (A)will substantially mitigate the risk of recidivism with regard to the individual to be transferred; and
(D) the transfer is in the national security interests of the United States.
(2) Whenever the Secretary makes a determination under paragraph (1), the Secretary shall submit to the appropriate committees of Congress , not later than 30 days before the transfer of the individual concerned, the following:
(A) A copy of the determination and the waiver concerned.
(B) A statement of the basis for the determination, including—
(i) an explanation why the transfer is in the national security interests of the United States; and
(ii) in the case of a waiver of subparagraph (D)or (E) of subsection (b)(1), an explanation why it is not possible to certify that the risks addressed in the subparagraph to be waived have been completely eliminated.
(C) A summary of the alternative actions to be taken to address the underlying purpose of, and to mitigate the risks addressed in, the subparagraph or subsection to be waived.
(D) The assessment required by subsection (b)(2).
(e) In this section:
(1) The term“appropriate committees of Congress”means—
(A) theCommittee on Armed Services, theCommittee on Appropriations, and theSelect Committee on Intelligence of the Senate; and
(B) theCommittee on Armed Services, theCommittee on Appropriations, and thePermanent Select Committee on Intelligence of the House of Representatives.
(2) The term“individual detained at Guantánamo”means any individual located at United States Naval Station, Guantánamo Bay, Cuba, as of October 1, 2009, who—
(A) is not a citizen of the United States or a member of the Armed Forces of the United States; and
(B) is—
(i) in the custody or under the control of the Department of Defense ; or
(ii) otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba.
(3) The term“foreign terrorist organization”means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act(8 U.S.C. 1189 ).

8113.[edit]

(a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c)for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense .
(b) The prohibition in subsection (a)shall not apply to any modification of facilities at United States Naval Station, Guantánamo Bay, Cuba.
(c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantánamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of the Department of Defense ; or
(B) otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba.

8114.[edit]

None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

8115.[edit]

None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

8116.[edit]

None of the funds made available by this Act may be used in contravention ofsection 1590 or1591 of title 18, United States Code , or in contravention of the requirements of section 106(g)or (h) of the Trafficking Victims Protection Act of 2000(22 U.S.C. 7104(g) or(h) ).

8117.[edit]

None of the funds made available by this Act for International Military education and training, foreign military financing, excess defense article, assistance under section 1206 of the National Defense Authorization Act for Fiscal year 2006(Public Law 109–163 ;119 Stat. 3456)issuance for direct commercial sales of military equipment, or peacekeeping operations for the countries of Chad, Yemen, Somalia, Sudan, the Democratic Republic of the Congo, and Burma may be used to support any military training or operation that include child soldiers, as defined by the Child Soldiers Prevention Act of 2008, and except if such assistance is otherwise permitted under section 404 of the Child Soldiers Prevention Act of 2008(Public Law 110–457 ;22 U.S.C. 2370c–1 ).

8118.[edit]

None of the funds made available by this Act may be used in contravention of the War Powers Resolution(50 U.S.C. 1541 et seq. ).

8119.[edit]

None of the funds made available by this Act may be used to retire, divest, realign, or transfer Air Force aircraft, to disestablish or convert units associated with such aircraft, or to disestablish or convert any other unit of the Air National Guard or Air Force Reserve :Provided, That this section shall not apply to actions affecting C–5, C–17, or E–8 aircraft, or the units associated with such aircraft:Provided further, That this section shall continue in effect through the date of enactment of an Act authorizing appropriations for fiscal year 2013 for military activities of the Department of Defense .

8120.[edit]

The Secretary of the Air Force shall obligate and expend funds previously appropriated for the procurement of RQ–4B Global Hawk and C–27J Spartan aircraft for the purposes for which such funds were originally appropriated.

8121.[edit]

It is the Sense of the Senate that the next available capital warship of the U.S. Navy be named the USS Ted Stevens to recognize the public service achievements, military service sacrifice, and undaunted heroism and courage of the long-serving United States Senator for Alaska.

8122.[edit]

None of the funds made available by this Act shall be used to retire C–23 Sherpa aircraft.

8123.[edit]

The total amount available in the Act for pay for civilian personnel of the Department of Defense for fiscal year 2013 shall be the amount otherwise appropriated or made available by this Act for such pay reduced by $72,718,000.

8124.[edit]

None of the funds made available by this Act may be used to enter into a contract for UH–60 Leak Proof Drip Pans using procedures other than competitive procedures (as defined insection 2302(2) of title 10, United States Code ).

8125.[edit]

None of the funds appropriated or otherwise made available by this Act or any other Act may be used by the Department of Defense or a component thereof in contravention of section 1244 of the National Defense Authorization Act for Fiscal Year 2012(Public Law 112–81 ;125 Stat. 1646;22 U.S.C. 5952 note )or any provision of an Act authorizing appropriations for the Department of Defense for fiscal year 2013 relating to sharing classified ballistic missile defense information with Russia.

8126.[edit]

None of the Operation and Maintenance funds made available in this Act may be used in contravention ofsection 41106 of title 49, United States Code .

8127.[edit]

None of the funds made available by this Act may be used by the Department of Defense or any other Federal agency to lease or purchase new light duty vehicles, for any executive fleet, or for an agency’s fleet inventory, except in accordance with Presidential Memorandum-Federal Fleet Performance, dated May 24, 2011.

8128.[edit]

None of the funds made available by this Act may be used to enter into a contract with any person or other entity listed in the Excluded Parties List System (EPLS)/System for Award Management (SAM) as having been convicted of fraud against the Federal Government.

8129.[edit]

None of the funds made available by this Act for the Department of Defense may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to Rosoboronexport:Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to theCommittees on Appropriations of the House of Representativesand theSenatethat it is in the national security interest to do so.

8130.[edit]

None of the funds made available by this Act may be used by the Secretary of Defense to implement an enrollment fee for the TRICARE for Life program underchapter 55 of title 10, United States Code, that does not exist as of the date of the enactment of this Act.

Title IX— Overseas contingency operations[edit]

Military personnel– Military personnel, Army– For an additional amount for“Military Personnel, Army”,$9,790,082,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Military personnel, Navy– For an additional amount for“Military Personnel, Navy”,$774,225,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Military personnel, Marine Corps– For an additional amount for“Military Personnel, Marine Corps”,$1,425,156,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Military personnel, Air Force– For an additional amount for“Military Personnel, Air Force”,$1,286,783,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Reserve personnel, Army– For an additional amount for“Reserve Personnel, Army”,$156,893,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Reserve personnel, Navy– For an additional amount for“Reserve Personnel, Navy”,$39,335,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Reserve personnel, Marine Corps– For an additional amount for“Reserve Personnel, Marine Corps”,$24,722,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Reserve personnel, Air Force– For an additional amount for“Reserve Personnel, Air Force”,$25,348,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.National Guard personnel, Army– For an additional amount for“National Guard Personnel, Army”,$583,804,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.National Guard personnel, Air Force– For an additional amount for“National Guard Personnel, Air Force”,$10,473,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Operation and maintenance– Operation and maintenance, Army– For an additional amount for“Operation and Maintenance, Army”,$28,452,018,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Operation and maintenance, Navy– For an additional amount for“Operation and Maintenance, Navy”,$5,839,934,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Operation and maintenance, Marine Corps– For an additional amount for“Operation and Maintenance, Marine Corps”,$4,116,340,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Operation and maintenance, Air Force– For an additional amount for“Operation and Maintenance, Air Force”,$9,249,736,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Operation and maintenance, Defense-Wide– For an additional amount for“Operation and Maintenance, Defense-Wide”,$7,714,079,000:Provided, That of the funds provided under this heading, not to exceed $1,650,000,000, to remain available until September 30, 2014, shall be for payments to reimburse key cooperating nations for logistical, military, and other support, including access, provided to United States military operations in support of Operation Enduring Freedom, and post-operation Iraq border security related to the activities of the Office of Security Cooperation in Iraq, notwithstanding any other provision of law:Provided further, That such reimbursement payments may be made in such amounts as the Secretary of Defense , with the concurrence of the Secretary of State , and in consultation with the Director of the Office of Management and Budget , may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following notification to the appropriate congressional committees:Provided further, That the requirement under this heading to provide notification to the appropriate congressional committees shall not apply with respect to a reimbursement for access based on an international agreement:Provided further, That these funds may be used for the purpose of providing specialized training and procuring supplies and specialized equipment and providing such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting United States military operations in Afghanistan, and 15 days following notification to the appropriate congressional committees:Provided further, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided in this paragraph:Provided further, That such amount in this section is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Operation and maintenance, Army Reserve– For an additional amount for“Operation and Maintenance, Army Reserve”,$157,887,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Operation and maintenance, Navy Reserve– For an additional amount for“Operation and Maintenance, Navy Reserve”,$55,924,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Operation and maintenance, Marine Corps Reserve– For an additional amount for“Operation and Maintenance, Marine Corps Reserve”,$25,477,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Operation and maintenance, Air Force Reserve– For an additional amount for“Operation and Maintenance, Air Force Reserve”,$60,618,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Operation and maintenance, Army National Guard– For an additional amount for“Operation and Maintenance, Army National Guard”,$392,448,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Operation and maintenance, Air National Guard– For an additional amount for“Operation and Maintenance, Air National Guard”,$34,500,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Overseas contingency operations transfer fund– (Including transfer of funds)– In addition to amounts provided elsewhere in this Act, there is appropriated$582,884,000for the“Overseas Contingency Operations Transfer Fund”for expenses directly relating to overseas contingency operations by United States military forces, to be available until expended:Provided, That of the funds made available in this section, the Secretary of Defense may transfer these funds only to military personnel accounts, operation and maintenance accounts, procurement accounts, and working capital fund accounts:Provided further, That the funds made available in this paragraph may only be used for programs, projects, or activities categorized as Overseas Contingency Operations in the fiscal year 2013 budget request for the Department of Defense and the justification material and other documentation supporting such request:Provided further, That the funds transferred shall be merged with and shall be available for the same purposes and for the same time period, as the appropriation to which transferred:Provided further, That the Secretary shall notify the congressional defense committees 15 days prior to such transfer:Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority available to the Department of Defense :Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation and shall be available for the same purposes and for the same time period as originally appropriated:Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Afghanistan infrastructure fund– (Including transfer of funds)– For the“Afghanistan Infrastructure Fund”,$325,000,000, to remain available until September 30, 2014:Provided, That such funds shall be available to the Secretary of Defense for infrastructure projects in Afghanistan, notwithstanding any other provision of law, which shall be undertaken by the Secretary of State , unless the Secretary of State and the Secretary of Defense jointly decide that a specific project will be undertaken by the Department of Defense :Provided further, That the infrastructure referred to in the preceding proviso is in support of the counterinsurgency strategy, which may require funding for facility and infrastructure projects, including, but not limited to, water, power, and transportation projects and related maintenance and sustainment costs:Provided further, That the authority to undertake such infrastructure projects is in addition to any other authority to provide assistance to foreign nations:Provided further, That any projects funded under this heading shall be jointly formulated and concurred in by the Secretary of State and Secretary of Defense :Provided further, That funds may be transferred to the Department of State for purposes of undertaking projects, which funds shall be considered to be economic assistance under the Foreign Assistance Act of 1961for purposes of making available the administrative authorities contained in that Act:Provided further, That the transfer authority in the preceding proviso is in addition to any other authority available to the Department of Defense to transfer funds:Provided further, That any unexpended funds transferred to the Secretary of State under this authority shall be returned to the Afghanistan Infrastructure Fund if the Secretary of State, in coordination with the Secretary of Defense , determines that the project cannot be implemented for any reason, or that the project no longer supports the counterinsurgency strategy in Afghanistan:Provided further, That any funds returned to the Secretary of Defense under the previous proviso shall be available for use under this appropriation and shall be treated in the same manner as funds not transferred to the Secretary of State:Provided further, That contributions of funds for the purposes provided herein to the Secretary of State in accordance with section 635(d) of the Foreign Assistance Actfrom any person, foreign government, or international organization may be credited to this Fund, to remain available until expended, and used for such purposes:Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to making transfers to or from, or obligations from the Fund, notify the appropriate committees of Congress in writing of the details of any such transfer:Provided further, That the“appropriate committees of Congress”are theCommittees on Armed Services,Foreign RelationsandAppropriations of the Senateand theCommittees on Armed Services,Foreign AffairsandAppropriations of the House of Representatives:Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Afghanistan security forces fund– For the“Afghanistan Security Forces Fund”,$5,124,167,000, to remain available until September 30, 2014:Provided, That such funds shall be available to the Secretary of Defense , notwithstanding any other provision of law, for the purpose of allowing the Commander, Combined Security Transition Command—Afghanistan, or the Secretary's designee, to provide assistance, with the concurrence of the Secretary of State , to the security forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction, and funding:Provided further, That the authority to provide assistance under this heading is in addition to any other authority to provide assistance to foreign nations:Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or international organization may be credited to this Fund, to remain available until expended, and used for such purposes:Provided further, That the Secretary of Defense shall notify the congressional defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the funds received and the specific use of such contributions:Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligation:Provided further, That the Secretary of Defense shall notify the congressional defense committees of any proposed new projects or transfer of funds between budget sub-activity groups in excess of $20,000,000:Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Procurement– Aircraft procurement, Army– For an additional amount for“Aircraft Procurement, Army”,$550,700,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Missile procurement, Army– For an additional amount for“Missile Procurement, Army”,$67,951,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Procurement of weapons and tracked combat vehicles, Army– For an additional amount for“Procurement of Weapons and Tracked Combat Vehicles, Army”,$15,422,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Procurement of ammunition, Army– For an additional amount for“Procurement of Ammunition, Army”,$338,493,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Other procurement, Army– For an additional amount for“Other Procurement, Army”,$1,740,157,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Aircraft procurement, Navy– For an additional amount for“Aircraft Procurement, Navy”,$215,698,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Weapons procurement, Navy– For an additional amount for“Weapons Procurement, Navy”,$22,500,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Procurement of ammunition, Navy and Marine Corps– For an additional amount for“Procurement of Ammunition, Navy and Marine Corps ”,$283,059,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Other procurement, Navy– For an additional amount for“Other Procurement, Navy”,$98,882,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Procurement, Marine Corps– For an additional amount for“Procurement, Marine Corps ”,$822,054,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Aircraft procurement, Air Force– For an additional amount for“Aircraft Procurement, Air Force”,$305,600,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Missile procurement, Air Force– For an additional amount for“Missile Procurement, Air Force”,$34,350,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Procurement of ammunition, Air Force– For an additional amount for“Procurement of Ammunition, Air Force”,$116,203,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Other procurement, Air Force– For an additional amount for“Other Procurement, Air Force”,$2,680,270,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Procurement, Defense-Wide– For an additional amount for“Procurement, Defense-Wide”,$188,099,000, to remain available until September 30, 2015:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.National Guard and Reserve equipment– For procurement of aircraft, missiles, tracked combat vehicles, ammunition, other weapons and other procurement for the reserve components of the Armed Forces,$1,500,000,000, to remain available for obligation until September 30, 2015:Provided, That the Chiefs of National Guard and Reserve components shall, not later than 30 days after the enactment of this Act, individually submit to the congressional defense committees the modernization priority assessment for their respective National Guard or Reserve component:Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Research, development, test and evaluation– Research, development, test and evaluation, Army– For an additional amount for“Research, Development, Test and Evaluation, Army”,$29,660,000, to remain available until September 30, 2014:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Research, development, test and evaluation, Navy– For an additional amount for“Research, Development, Test and Evaluation, Navy”,$52,519,000, to remain available until September 30, 2014:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Research, development, test and evaluation, Air Force– For an additional amount for“Research, Development, Test and Evaluation, Air Force”,$53,150,000, to remain available until September 30, 2014:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Research, development, test and evaluation, Defense-Wide– For an additional amount for“Research, Development, Test and Evaluation, Defense-Wide”,$112,387,000, to remain available until September 30, 2014:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Revolving and management funds– Defense working capital funds– For an additional amount for“Defense Working Capital Funds”,$243,600,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Other Department of Defense programs– Defense health program– For an additional amount for“Defense Health Program”,$993,898,000, which shall be for operation and maintenance:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Drug interdiction and counter-Drug activities, Defense– For an additional amount for“Drug Interdiction and Counter-Drug Activities, Defense”,$469,025,000, to remain available until September 30, 2014:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Joint improvised explosive device defeat fund– (Including transfer of funds)– For the“Joint Improvised Explosive Device Defeat Fund”,$1,622,614,000, to remain available until September 30, 2015:Provided, That such funds shall be available to the Secretary of Defense , notwithstanding any other provision of law, for the purpose of allowing the Director of the Joint Improvised Explosive Device Defeat Organization to investigate, develop and provide equipment, supplies, services, training, facilities, personnel and funds to assist United States forces in the defeat of improvised explosive devices:Provided further, That the Secretary of Defense may transfer funds provided herein to appropriations for military personnel; operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purpose provided herein:Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense :Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer:Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Office of the Inspector General– For an additional amount for the“Office of the Inspector General”,$10,766,000:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.General provisions—this title–

9001.[edit]

Notwithstanding any other provision of law, funds made available in this title are in addition to amounts appropriated or otherwise made available for the Department of Defense for fiscal year 2013.(Including transfer of funds)–

9002.[edit]

Upon the determination of the Secretary of Defense that such action is necessary in the national interest, the Secretary may, with the approval of the Office of Management and Budget , transfer up to $3,500,000,000 between the appropriations or funds made available to the Department of Defense in this title:Provided, That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this section:Provided further, That the authority provided in this section is in addition to any other transfer authority available to the Department of Defense and is subject to the same terms and conditions as the authority provided in the Department of Defense Appropriations Act, 2013.

9003.[edit]

Supervision and administration costs associated with a construction project funded with appropriations available for operation and maintenance,“Afghanistan Infrastructure Fund”, or the“Afghanistan Security Forces Fund”provided in this Act and executed in direct support of overseas contingency operations in Afghanistan, may be obligated at the time a construction contract is awarded:Provided, That for the purpose of this section, supervision and administration costs include all in-house Government costs.

9004.[edit]

From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian employees of the Department of Defense in the U.S. Central Command area of responsibility: (a) passenger motor vehicles up to a limit of $75,000 per vehicle; and (b) heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $250,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles.

9005.[edit]

Not to exceed $200,000,000 of the amount appropriated in this title under the heading“Operation and Maintenance, Army”may be used, notwithstanding any other provision of law, to fund the Commander’s Emergency Response Program (CERP), for the purpose of enabling military commanders in Afghanistan to respond to urgent, small-scale, humanitarian relief and reconstruction requirements within their areas of responsibility:Provided, That each project (including any ancillary or related elements in connection with such project) executed under this authority shall not exceed $20,000,000:Provided further, That not later than 45 days after the end of each fiscal year quarter, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes described herein:Provided further, That, not later than 30 days after the end of each month, the Army shall submit to the congressional defense committees monthly commitment, obligation, and expenditure data for the Commander’s Emergency Response Program in Afghanistan:Provided further, That not less than 15 days before making funds available pursuant to the authority provided in this section or under any other provision of law for the purposes described herein for a project with a total anticipated cost for completion of $5,000,000 or more, the Secretary shall submit to the congressional defense committees a written notice containing each of the following:

(1) The location, nature and purpose of the proposed project, including how the project is intended to advance the military campaign plan for the country in which it is to be carried out.
(2) The budget, implementation timeline with milestones, and completion date for the proposed project, including any other CERP funding that has been or is anticipated to be contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project, including the agreement with either the host nation, a non-Department of Defense agency of the United States Government or a third-party contributor to finance the sustainment of the activities and maintenance of any equipment or facilities to be provided through the proposed project.

9006.[edit]

Funds available to the Department of Defense for operation and maintenance may be used, notwithstanding any other provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to coalition forces supporting military and stability operations in Afghanistan:Provided, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section.

9007.[edit]

None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the United States Government for a purpose as follows:

(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource of Iraq.
(3) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghanistan.

9008.[edit]

None of the funds made available in this Act may be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984):

(1) Section 2340A of title 18, United States Code .
(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998(division G of Public Law 105–277 ;112 Stat. 2681–822;8 U.S.C. 1231 note )and regulations prescribed thereto, including regulations under part 208 of title 8, Code of Federal Regulations, and part 95 of title 22, Code of Federal Regulations.
(3) Sections 1002and 1003 of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006(Public Law 109–148 ).

9009.[edit]

None of the funds provided for the“Afghanistan Security Forces Fund”(ASFF) may be obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council (AROC) of the Department of Defense :Provided, That the AROC must approve the requirement and acquisition plan for any service requirements in excess of $50,000,000 annually and any non-standard equipment requirements in excess of $100,000,000 using ASFF:Provided further, That the AROC must approve all projects and the execution plan under the“Afghanistan Infrastructure Fund”(AIF) and any project in excess of $5,000,000 from the Commanders Emergency Response Program (CERP):Provided further, That the Department of Defense must certify to the congressional defense committees that the AROC has convened and approved a process for ensuring compliance with the requirements in the preceding provisos and accompanying report language for the ASFF, AIF, and CERP.

9010.[edit]

Funds made available in this title to the Department of Defense for operation and maintenance may be used to purchase items having an investment unit cost of not more than $250,000:Provided, That, upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas, such funds may be used to purchase items having an investment item unit cost of not more than $500,000.

9011.[edit]

Notwithstanding any other provision of law, up to $93,000,000 of funds made available in this title under the heading“Operation and Maintenance, Army”may be obligated and expended for purposes of the Task Force for Business and Stability Operations, subject to the direction and control of the Secretary of Defense , with concurrence of the Secretary of State , to carry out strategic business and economic assistance activities in Afghanistan in support of Operation Enduring Freedom:Provided, That not less than 15 days before making funds available pursuant to the authority provided in this section for any project with a total anticipated cost of $5,000,000 or more, the Secretary shall submit to the congressional defense committees a written notice containing a detailed justification and timeline for each proposed project.

9012.[edit]

From funds made available to the Department of Defense in this title under the heading“Operation and Maintenance, Air Force”up to $508,000,000 may be used by the Secretary of Defense , notwithstanding any other provision of law, to support United States Government transition activities in Iraq by funding the operations and activities of the Office of Security Cooperation in Iraq and security assistance teams, including life support, transportation and personal security, and facilities renovation and construction:Provided, That to the extent authorized under the National Defense Authorization Act for Fiscal Year 2013, the operations and activities that may be carried out by the Office of Security Cooperation in Iraq may, with the concurrence of the Secretary of State , include non-operational training activities in support of Iraqi Ministry of Defense and Counter Terrorism Service personnel in an institutional environment to address capability gaps, integrate processes relating to intelligence, air sovereignty, combined arms, logistics and maintenance, and to manage and integrate defense-related institutions:Provided further, That not later than 30 days following the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to the congressional defense committees a plan for transitioning any such training activities that they determine are needed after the end of fiscal year 2013, to existing or new contracts for the sale of defense articles or defense services consistent with the provisions of the Arms Export Control Act(22 U.S.C. 2751 et seq. ):Provided further, That not less than 15 days before making funds available pursuant to the authority provided in this section, the Secretary of Defense shall submit to the congressional defense committees a written notification containing a detailed justification and timeline for the operations and activities of the Office of Security Cooperation in Iraq at each site where such operations and activities will be conducted during fiscal year 2013.(Rescissions)–

9013.[edit]

Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts:Provided, That such amounts are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985:“Retroactive Stop Loss Special Pay Program, 2009/XXXX”, $127,200,000;“Afghanistan Security Forces Fund, 2012/2013”, $1,000,000,000;“Other Procurement, Army, 2012/2014”, $207,600,000;“Procurement of Ammunition, Navy and Marine Corps, 2012/2014”, $32,176,000;“Procurement, Marine Corps, 2012/2014”, $2,776,000;“Mine Resistant Ambush Protected Vehicle Fund, 2012/2013”, $400,000,000;“Research, Development, Test and Evaluation, Air Force, 2012/2013”, $50,000,000;“Joint Improvised Explosive Device Defeat Fund, 2012/2014”, $40,300,000.

9014.[edit]

(a) None of the funds appropriated or otherwise made available by this Act under the heading“Operation and Maintenance, Defense-Wide”for payments undersection 1233 of Public Law 110–181 for reimbursement to the Government of Pakistan may be made available unless the Secretary of Defense , in coordination with the Secretary of State , certifies to the Committees on Appropriations that the Government of Pakistan is—
(1) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other domestic and foreign terrorist organizations, including taking steps to end support for such groups and prevent them from basing and operating in Pakistan and carrying out cross border attacks into neighboring countries;
(2) not supporting terrorist activities against United States or coalition forces in Afghanistan, and Pakistan’s military and intelligence agencies are not intervening extra-judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the manufacture of IEDs;
(4) preventing the proliferation of nuclear-related material and expertise;
(5) issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and
(6) providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by the conflict.
(b) The Secretary of Defense , in coordination with the Secretary of State, may waive the restriction in paragraph (a)on a case-by-case basis by certifying in writing to theCommittees on Appropriations of the House of Representativesand theSenatethat it is in the national security interest to do so:Provided, That if the Secretary of Defense , in coordination with the Secretary of State , exercises the authority of the previous proviso, the Secretaries shall report to the Committees on Appropriations on both the justification for the waiver and on the requirements of this section that the Government of Pakistan was not able to meet:Provided further, That such report may be submitted in classified form if necessary.This division may be cited as the“Department of Defense Appropriations Act, 2013”.

B Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2013–

Title I— Department of defense[edit]

Military construction, Army– For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, including personnel in the Army Corps of Engineers and other personal services necessary for the purposes of this appropriation, and for construction and operation of facilities in support of the functions of the Commander in Chief,$1,684,323,000, to remain available until September 30, 2017:Provided, That of this amount, not to exceed $80,173,000 shall be available for study, planning, design, architect and engineer services, and host nation support, as authorized by law, unless the Secretary of Army determines that additional obligations are necessary for such purposes and notifies theCommittees on Appropriationsof bothHouses of Congressof the determination and the reasons therefor.Military construction, Navy and Marine Corps– For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation,$1,549,164,000, to remain available until September 30, 2017:Provided, That of this amount, not to exceed $102,619,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Navy determines that additional obligations are necessary for such purposes and notifies theCommittees on Appropriationsof bothHouses of Congressof the determination and the reasons therefor.Military construction, Air Force– For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law,$322,543,000, to remain available until September 30, 2017:Provided, That of this amount, not to exceed $18,635,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Air Force determines that additional obligations are necessary for such purposes and notifies theCommittees on Appropriationsof bothHouses of Congressof the determination and the reasons therefor.Military construction, defense-Wide– (including transfer of funds)– For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law,$3,582,423,000, to remain available until September 30, 2017:Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred:Provided further, That of the amount appropriated, not to exceed $315,562,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies theCommittees on Appropriationsof bothHouses of Congressof the determination and the reasons therefor:Provided further, That of the amount appropriated, notwithstanding any other provision of law, $26,969,000 shall be available for payments to the North Atlantic Treaty Organization for the planning, design, and construction of a new North Atlantic Treaty Organization headquarters.Military construction, Army National Guard– For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard , and contributions therefor, as authorized bychapter 1803 of title 10, United States Code, and Military Construction Authorization Acts,$613,799,000, to remain available until September 30, 2017:Provided, That of the amount appropriated, not to exceed $26,622,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Army National Guard determines that additional obligations are necessary for such purposes and notifies theCommittees on Appropriationsof bothHouses of Congressof the determination and the reasons therefor.Military construction, Air National Guard– For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard , and contributions therefor, as authorized bychapter 1803 of title 10, United States Code, and Military Construction Authorization Acts,$42,386,000, to remain available until September 30, 2017:Provided, That of the amount appropriated, not to exceed $4,000,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Air National Guard determines that additional obligations are necessary for such purposes and notifies theCommittees on Appropriationsof bothHouses of Congressof the determination and the reasons therefor.Military construction, Army Reserve– For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized bychapter 1803 of title 10, United States Code, and Military Construction Authorization Acts,$305,846,000, to remain available until September 30, 2017:Provided, That of the amount appropriated, not to exceed $15,951,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Army Reserve determines that additional obligations are necessary for such purposes and notifies theCommittees on Appropriationsof bothHouses of Congressof the determination and the reasons therefor.Military construction, Navy Reserve– For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized bychapter 1803 of title 10, United States Code, and Military Construction Authorization Acts,$49,532,000, to remain available until September 30, 2017:Provided, That of the amount appropriated, not to exceed $2,118,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies theCommittees on Appropriationsof bothHouses of Congressof the determination and the reasons therefor.Military construction, Air Force Reserve– For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized bychapter 1803 of title 10, United States Code, and Military Construction Authorization Acts,$10,979,000, to remain available until September 30, 2017:Provided, That of the amount appropriated, not to exceed $2,879,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Air Force Reserve determines that additional obligations are necessary for such purposes and notifies theCommittees on Appropriationsof bothHouses of Congressof the determination and the reasons therefor.North atlantic treaty organizationsecurity investment program– For the United States share of the cost of the North Atlantic Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area as authorized bysection 2806 of title 10, United States Code , and Military Construction Authorization Acts,$254,163,000, to remain available until expended.Family housing construction, Army– For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law,$4,641,000, to remain available until September 30, 2017.Family housing operation and maintenance, Army– For expenses of family housing for the Army for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law,$530,051,000.Family housing construction, Navy and Marine Corps– For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law,$102,182,000, to remain available until September 30, 2017.Family housing operation and maintenance, Navy and Marine Corps– For expenses of family housing for the Navy and Marine Corps for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law,$378,230,000.Family housing construction, Air Force– For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law,$83,824,000, to remain available until September 30, 2017.Family housing operation and maintenance, Air Force– For expenses of family housing for the Air Force for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law,$497,829,000.Family housing operation and maintenance, defense-Wide– For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for operation and maintenance, leasing, and minor construction, as authorized by law,$52,238,000.Department of defense family housing improvement fund– For the Department of Defense Family Housing Improvement Fund,$1,786,000, to remain available until expended, for family housing initiatives undertaken pursuant tosection 2883 of title 10, United States Code , providing alternative means of acquiring and improving military family housing and supporting facilities.Chemical demilitarization construction, defense-Wide– For expenses of construction, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986(50 U.S.C. 1521 ), and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, as currently authorized by law,$151,000,000, to remain available until September 30, 2017, which shall be only for the Assembled Chemical Weapons Alternatives program.Department of defense base closure account 1990– For deposit into the Department of Defense Base Closure Account 1990, established by section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990(10 U.S.C. 2687 note ),$409,396,000, to remain available until expended.Department of defense base closure account 2005– For deposit into the Department of Defense Base Closure Account 2005, established by section 2906A(a)(1) of the Defense Base Closure and Realignment Act of 1990(10 U.S.C. 2687 note ),$126,697,000, to remain available until expended:Provided, That the Department of Defense shall notify theCommittees on Appropriationsof bothHouses of Congress14 days prior to obligating an amount for a construction project that exceeds or reduces the amount identified for that project in the most recently submitted budget request for this account by 20 percent or $2,000,000, whichever is less:Provided further, That the previous proviso shall not apply to projects costing less than $5,000,000, except for those projects not previously identified in any budget submission for this account and exceeding the minor construction threshold undersection 2805 of title 10, United States Code .Administrative provisions–

101.[edit]

None of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor.

102.[edit]

Funds made available in this title for construction shall be available for hire of passenger motor vehicles.

103.[edit]

Funds made available in this title for construction may be used for advances to the Federal Highway Administration , Department of Transportation , for the construction of access roads as authorized bysection 210 of title 23, United States Code , when projects authorized therein are certified as important to the national defense by the Secretary of Defense .

104.[edit]

None of the funds made available in this title may be used to begin construction of new bases in the United States for which specific appropriations have not been made.

105.[edit]

None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command , except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest.

106.[edit]

None of the funds made available in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Acts making appropriations for military construction.

107.[edit]

None of the funds made available in this title for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to theCommittees on Appropriationsof bothHouses of Congress.

108.[edit]

None of the funds made available in this title may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement.

109.[edit]

None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation.

110.[edit]

None of the funds made available in this title may be used to initiate a new installation overseas without prior notification to theCommittees on Appropriationsofboth Houses of Congress.

111.[edit]

None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Sea, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms.

112.[edit]

None of the funds made available in this title for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Sea, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor:Provided, That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent:Provided further, That this section shall not apply to contract awards for military construction on Kwajalein Atoll for which the lowest responsive and responsible bid is submitted by a Marshallese contractor.

113.[edit]

The Secretary of Defense shall inform the appropriate committees ofboth Houses of Congress, including theCommittees on Appropriations, of plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000.

114.[edit]

Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress .

115.[edit]

Not more than 20 percent of the funds made available in this title which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year.

116.[edit]

For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any.

117.[edit]

Notwithstanding any other provision of law, any funds made available to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available, if the funds obligated for such project: (1) are obligated from funds available for military construction projects; and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law.(including transfer of funds)–

118.[edit]

In addition to any other transfer authority available to the Department of Defense , proceeds deposited to the Department of Defense Base Closure Account established by section 207(a)(1) of the Defense Authorization Amendments and Base Closure and Realignment Act(10 U.S.C. 2687 note )pursuant to section 207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990(10 U.S.C. 2687 note ), to be merged with, and to be available for the same purposes and the same time period as that account.(including transfer of funds)–

119.[edit]

Subject to 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant tosections 480 and 2883 of title 10, United States Code , to theCommittees on Appropriationsofboth Houses of Congress, such additional amounts as may be determined by the Secretary of Defense may be transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in“Family Housing”accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund; or (2) the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in“Military Construction”accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund:Provided, That appropriations made available to the Funds shall be available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions ofsubchapter IV of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities.(including transfer of funds)–

120.[edit]

In addition to any other transfer authority available to the Department of Defense , amounts may be transferred from the accounts established by sections 2906(a)(1)and 2906A(a)(1) of the Defense Base Closure and Realignment Act of 1990(10 U.S.C. 2687 note ), to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966(42 U.S.C. 3374 )to pay for expenses associated with the Homeowners Assistance Program incurred under42 U.S.C. 3374(a)(1)(A) . Any amounts transferred shall be merged with and be available for the same purposes and for the same time period as the fund to which transferred.

121.[edit]

Notwithstanding any other provision of law, funds made available in this title for operation and maintenance of family housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer quarters:Provided, That not more than $35,000 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant tosections 480 and2883 of title 10, United States Code , to theCommittees on Appropriationsofboth Houses of Congress, except that an after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably anticipated at the time of the budget submission:Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to theCommittees on Appropriationsofboth Houses of Congressall operation and maintenance expenditures for each individual general or flag officer quarters for the prior fiscal year.

122.[edit]

Amounts contained in the Ford Island Improvement Account established bysubsection (h) of section 2814 of title 10, United States Code , are appropriated and shall be available until expended for the purposes specified insubsection (i)(1) of such section or until transferred pursuant tosubsection (i)(3) of such section .

123.[edit]

None of the funds made available in this title, or in any Act making appropriations for military construction which remain available for obligation, may be obligated or expended to carry out a military construction, land acquisition, or family housing project at or for a military installation approved for closure, or at a military installation for the purposes of supporting a function that has been approved for realignment to another installation, in 2005 under the Defense Base Closure and Realignment Act of 1990(part A of title XXIX of Public Law 101–510 ;10 U.S.C. 2687 note ), unless such a project at a military installation approved for realignment will support a continuing mission or function at that installation or a new mission or function that is planned for that installation, or unless the Secretary of Defense certifies that the cost to the United States of carrying out such project would be less than the cost to the United States of cancelling such project, or if the project is at an active component base that shall be established as an enclave or in the case of projects having multi-agency use, that another Government agency has indicated it will assume ownership of the completed project. The Secretary of Defense may not transfer funds made available as a result of this limitation from any military construction project, land acquisition, or family housing project to another account or use such funds for another purpose or project without the prior approval of theCommittees on Appropriationsofboth Houses of Congress. This section shall not apply to military construction projects, land acquisition, or family housing projects for which the project is vital to the national security or the protection of health, safety, or environmental quality:Provided, That the Secretary of Defense shall notify the congressional defense committees within seven days of a decision to carry out such a military construction project.(including transfer of funds)–

124.[edit]

During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation“Foreign Currency Fluctuations, Construction, Defense”, to be merged with and to be available for the same time period and for the same purposes as the appropriation to which transferred.

125.[edit]

None of the funds made available by this Act may be used by the Secretary of Defense to take beneficial occupancy of more than 2,500 parking spaces (other than handicap-reserved spaces) to be provided by the BRAC 133 project:Provided, That this limitation may be waived in part if: (1) the Secretary of Defense certifies to Congress that levels of service at existing intersections in the vicinity of the project have not experienced failing levels of service as defined by the Transportation Research Board Highway Capacity Manual over a consecutive 90-day period; (2) the Department of Defense and the Virginia Department of Transportation agree on the number of additional parking spaces that may be made available to employees of the facility subject to continued 90-day traffic monitoring; and (3) the Secretary of Defense notifies the congressional defense committees in writing at least 14 days prior to exercising this waiver of the number of additional parking spaces to be made available.

126.[edit]

None of the funds made available by this Act may be used for any action that relates to or promotes the expansion of the boundaries or size of the Pinon Canyon Maneuver Site, Colorado.

127.[edit]

Amounts appropriated or otherwise made available in an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R, Volume 3, Chapter 7, of February 2009, as in effect on the date of enactment of this Act.

128.[edit]

(a) Except as provided in subsection (b), none of the funds made available in this Act may be used by the Secretary of the Army to relocate a unit in the Army that—
(1) performs a testing mission or function that is not performed by any other unit in the Army and is specifically stipulated intitle 10, United States Code ; and
(2) is located at a military installation at which the total number of civilian employees of the Department of the Army and Army contractor personnel employed exceeds 10 percent of the total number of members of the regular and reserve components of the Army assigned to the installation.

(b) Exception–[edit]

Subsection (a)shall not apply if the Secretary of the Army certifies to the congressional defense committees that in proposing the relocation of the unit of the Army, the Secretary complied with Army Regulation 5–10 relating to the policy, procedures, and responsibilities for Army stationing actions.

129.[edit]

Notwithstanding any other provision of law, none of the funds made available to the Department of Defense for military construction in this or any other Act, may be obligated or expended for planning and design and construction of projects at Arlington National Cemetery.(including rescission of funds)–

130.[edit]

Of the unobligated balances available for“Military Construction, Defense-Wide”, from prior appropriations Acts, $20,000,000 are hereby cancelled:Provided, That no amounts may be cancelled from amounts that were designated by Congress as an emergency requirement or for Overseas Contingency Operations/Global War on Terrorism pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.(including rescission of funds)–

131.[edit]

Of the unobligated balances available for“Department of Defense Base Closure Account 2005”, from prior appropriations Acts, $132,513,000 are hereby cancelled:Provided, That no amounts may be cancelled from amounts that were designated by Congress as an emergency requirement or for Overseas Contingency Operations/Global War on Terrorism pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.(including transfer of funds)–

132.[edit]

Of the proceeds credited to the Department of Defense Family Housing Improvement Fund pursuant tosubsection (c)(1)(C) of section 2883 of title 10, United States Code , from a Department of Navy land conveyance, the Secretary of Defense shall transfer $10,500,000 to the Secretary of the Navy underparagraph (3) of subsection (d) of such section for use by the Secretary of the Navy as provided inparagraph (1) of such subsection until expended.

Title II— Department of Veterans Affairs[edit]

Veterans Benefits Administration– Compensation and pensions– (including transfer of funds)– For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized bysection 107 andchapters 11,13,18,51,53,55, and61 of title 38, United States Code; pension benefits to or on behalf of veterans as authorized bychapters 15,51,53,55, and61 of title 38, United States Code ; and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers’ retirement pay, adjusted-service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of title IV of the Servicemembers Civil Relief Act(50 U.S.C. App. 541 et seq.)and for other benefits as authorized bysections 107 ,1312 ,1977 , and2106 , andchapters 23,51,53,55, and61 of title 38, United States Code,$60,599,855,000, to remain available until expended:Provided, That not to exceed $9,204,000 of the amount appropriated under this heading shall be reimbursed to“General operating expenses, Veterans Benefits Administration”,“Medical support and compliance”, and“Information technology systems”for necessary expenses in implementing the provisions ofchapters 51,53, and55 of title 38, United States Code , the funding source for which is specifically provided as the“Compensation and pensions”appropriation:Provided further, That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to“Medical care collections fund”to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized.Readjustment benefits– For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized bychapters 21,30,31,33,34,35,36,39,41,51,53,55, and61 of title 38, United States Code , and for the payment of benefits under the Veterans Retraining Assistance Program,$12,023,458,000, to remain available until expended:Provided, That expenses for rehabilitation program services and assistance which the Secretary is authorized to provide undersubsection (a) of section 3104 of title 38, United States Code , other than underparagraphs (1) ,(2) ,(5) , and(11) of that subsection , shall be charged to this account.Veterans insurance and indemnities– For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, and veterans mortgage life insurance as authorized bychapters 19and21, title 38, United States Code,$104,600,000, to remain available until expended.Veterans housing benefit program fund– For the cost of direct and guaranteed loans,such sums as may be necessaryto carry out the program, as authorized bysubchapters I through III of chapter 37 of title 38, United States Code:Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:Provided further, That during fiscal year 2013, within the resources available, not to exceed $500,000 in gross obligations for direct loans are authorized for specially adapted housing loans.In addition, for administrative expenses to carry out the direct and guaranteed loan programs,$157,814,000.Vocational rehabilitation loans program account– For the cost of direct loans,$19,000, as authorized bychapter 31 of title 38, United States Code:Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:Provided further, That funds made available under this heading are available to subsidize gross obligations for the principal amount of direct loans not to exceed $2,729,000.In addition,for administrative expenses necessary to carry out the direct loan program,$346,000, which may be paid to the appropriation for“General operating expenses, Veterans Benefits Administration ”.Native American veteran housing loan program account– For administrative expenses to carry out the direct loan program authorized bysubchapter V of chapter 37 of title 38, United States Code,$1,089,000.Veterans Health Administration– Medical services– For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described insection 1705(a) of title 38, United States Code , including care and treatment in facilities not under the jurisdiction of the Department , and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare employees hired undertitle 38, United States Code , aid to State homes as authorized bysection 1741 of title 38, United States Code , assistance and support services for caregivers as authorized bysection 1720G of title 38, United States Code , loan repayments authorized by section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010(Public Law 111–163 ;124 Stat. 1174;38 U.S.C. 7681 note ), and hospital care and medical services authorized bysection 1787 of title 38, United States Code ; $155,000,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2012; and in addition,$43,557,000,000, plus reimbursements, shall become available on October 1, 2013, and shall remain available until September 30, 2014:Provided, That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have special needs:Provided further, That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority groups 1 through 6:Provided further, That notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration facilities to enrolled veterans with privately written prescriptions based on requirements established by the Secretary :Provided further, That the implementation of the program described in the previous proviso shall incur no additional cost to the Department of Veterans Affairs .Medical support and compliance– For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts owed the Department as authorized underchapter 17 of title 38, United States Code, and the Federal Medical Care Recovery Act(42 U.S.C. 2651 et seq. );$6,033,000,000, plus reimbursements, shall become available on October 1, 2013, and shall remain available until September 30, 2014.Medical facilities– For necessary expenses for the maintenance and operation of hospitals, nursing homes, domiciliary facilities, and other necessary facilities of the Veterans Health Administration ; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and renovation of any facility under the jurisdiction or for the use of the Department ; for oversight, engineering, and architectural activities not charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department , not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry services,$4,872,000,000, plus reimbursements, shall become available on October 1, 2013, and shall remain available until September 30, 2014.Medical and prosthetic research– For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized bychapter 73 of title 38, United States Code,$582,674,000, plus reimbursements, shall remain available until September 30, 2014.National Cemetery Administration– For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in cemeterial operations; hire of passenger motor vehicles; and repair, alteration or improvement of facilities under the jurisdiction of the National Cemetery Administration ,$258,284,000, of which not to exceed $25,828,000 shall remain available until September 30, 2014:Provided, That none of the funds under this heading may be used to expand the Urban Initiative project beyond those sites outlined in the fiscal year 2012 or previous budget submissions or any other rural strategy, other than the Rural Initiative included in the fiscal year 2013 budget submission, until the Secretary of Veterans Affairs submits to theCommittees on Appropriationsofboth Houses of Congressa strategy to serve the burial needs of veterans residing in rural and highly rural areas and that strategy has been approved by the Committees:Provided further, That the strategy shall include: (1) A review of previous policies of the National Cemetery Administration regarding establishment of new national cemeteries, including whether the guidelines of the Administration for establishing national cemetery annexes remain valid; (2) Data identifying the number of and geographic areas where rural veterans are not currently served by national or existing State cemeteries and identification of areas with the largest unserved populations, broken down by veterans residing in urban versus rural and highly rural; (3) Identification of the number of veterans who reside within the 75-mile radius of a cemetery that is limited to cremations or of a State cemetery which has residency restrictions, as well as an examination of how many communities that fall under a 75-mile radius have an actual driving distance greater than 75 miles; (4) Reassessment of the gaps in service, factoring in the above conditions that limit rural and highly rural veteran burial options; (5) An assessment of the adequacy of the policy of the Administration on establishing new cemeteries proposed in the fiscal year 2013 budget request; (6) Recommendations for an appropriate policy on new national cemeteries to serve rural or highly rural areas; (7) Development of a national map showing the locations and number of all unserved veterans; and (8) A time line for the implementation of such strategy and cost estimates for using the strategy to establish new burial sites in at least five rural or highly rural locations:Provided further, That the Comptroller General of the United States shall review the strategy to ensure that it includes the elements listed above:Provided further, That this strategy shall be submitted no later than 180 days after the date of enactment of this Act:Provided further, That the Secretary of Veterans Affairs shall issue guidelines on committal services held at cemeteries under the jurisdiction of the National Cemetery Administration to ensure that: (1) veterans’ families may arrange to hold committal services with any religious or secular content they desire; (2) the choice by a family of an honor guard and the content and presentation of military honors may not be interfered with; and (3) attendance at committal services by outside organizations dedicated to the support of veterans will not be constrained except at the request of family members:Provided further, That the Department shall not edit, control, or exercise prior restraints on the content of religious speech and expression by speakers at events at veterans national cemeteries except as provided insection 2413 of title 38, United States Code :Provided further, That actions permitted by the foregoing provisos shall be subject to compliance with Department security, safety, and law enforcement regulations.Departmental administration– General administration– (Including transfer of funds)– For necessary operating expenses of the Department of Veterans Affairs , not otherwise provided for, including administrative expenses in support of Department-Wide capital planning, management and policy activities, uniforms, or allowances therefor; not to exceed $25,000 for official reception and representation expenses; hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services,$424,737,000, of which not to exceed $20,837,000 shall remain available until September 30, 2014:Provided, That the Board of Veterans Appeals shall be funded at not less than $86,006,000:Provided further, That of the funds made available under this heading, such sums as may be necessary shall be available to the Secretary of Veterans Affairs to comply with the Department’s energy management requirements under section 543(f)(7) of the National Energy Conservation Policy Act(42 U.S.C. 8253(f)(7) ):Provided further, That funds provided under this heading may be transferred to“General operating expenses, Veterans Benefits Administration ”.General operating expenses, veterans benefits administration– For necessary operating expenses of the Veterans Benefits Administration , not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services Administration for security guard services, and reimbursement of the Department of Defense for the cost of overseas employee mail,$2,164,074,000:Provided, That expenses for services and assistance authorized underparagraphs (1) ,(2) ,(5) , and(11) of section 3104(a) of title 38, United States Code , that the Secretary of Veterans Affairs determines are necessary to enable entitled veterans: (1) to the maximum extent feasible, to become employable and to obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account:Provided further, That of the funds made available under this heading, not to exceed $113,000,000 shall remain available until September 30, 2014.Information technology systems– (Including transfer of funds)– For necessary expenses for information technology systems and telecommunications support, including developmental information systems and operational information systems; for pay and associated costs; and for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized bysection 3109 of title 5, United States Code ,$3,327,444,000, plus reimbursements:Provided, That $1,021,000,000 shall be for pay and associated costs, of which not to exceed $30,630,000 shall remain available until September 30, 2014:Provided further, That $1,812,045,000 shall be for operations and maintenance, of which not to exceed $126,000,000 shall remain available until September 30, 2014:Provided further, That $494,399,000 shall be for information technology systems development, modernization, and enhancement, and shall remain available until September 30, 2014:Provided further, That amounts made available for information technology systems development, modernization, and enhancement may not be obligated or expended until the Secretary of Veterans Affairs or the Chief Information Officer of the Department of Veterans Affairs submits to theCommittees on Appropriationsofboth Houses of Congressa certification of the amounts, in parts or in full, to be obligated and expended for each development project:Provided further, That amounts made available for salaries and expenses, operations and maintenance, and information technology systems development, modernization, and enhancement may be transferred among the three sub-accounts after the Secretary of Veterans Affairs requests from theCommittees on Appropriationsofboth Houses of Congressthe authority to make the transfer and an approval is issued:Provided further, That amounts made available for the“Information technology systems”account for development, modernization, and enhancement may be transferred between projects or to newly defined projects:Provided further, That no project may be increased or decreased by more than $1,000,000 of cost prior to submitting a request to theCommittees on Appropriationsofboth Houses of Congressto make the transfer and an approval is issued, or absent a response, a period of 30 days has elapsed:Provided further, That of the funds provided for information technology systems development, modernization, and enhancement for the development of a joint Department of Defense—Department of Veterans Affairs (DOD–VA) integrated electronic health record (iEHR), not more than 25 percent may be obligated until the DOD–VA Interagency Program Office submits to theCommittees on Appropriationsofboth Houses of Congress, and such Committees approve, a plan for expenditure that: (1) defines the budget and cost baseline for development of the integrated Electronic Health Record; (2) identifies the deployment timeline for the system for both Agencies; (3) breaks out annual and total spending for each Department; (4) relays detailed cost-sharing business rules; (5) establishes data standardization schedules between the Departments; (6) has been submitted to the Government Accountability Office for review; and (7) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government:Provided further, That the funds made available under this heading for information technology systems development, modernization, and enhancement, shall be for the projects, and in the amounts, specified under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).Office of Inspector General– For necessary expenses of the Office of Inspector General , to include information technology, in carrying out the provisions of the Inspector General Act of 1978(5 U.S.C. App.),$115,000,000, of which $6,000,000 shall remain available until September 30, 2014.Construction, major projects– For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs , or for any of the purposes set forth insections 316 ,2404 ,2406 , andchapter 81 of title 38, United States Code, not otherwise provided for, including planning, architectural and engineering services, construction management services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, where the estimated cost of a project is more than the amount set forth insection 8104(a)(3)(A) of title 38, United States Code , or where funds for a project were made available in a previous major project appropriation,$532,470,000, of which $502,470,000 shall remain available until September 30, 2017, and of which $30,000,000 shall remain available until expended:Provided, That $5,000,000 shall be to make reimbursements as provided insection 7108 of title 41, United States Code , for claims paid for contract disputes:Provided further, That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and other capital asset management related activities, including portfolio development and management activities, and investment strategy studies funded through the advance planning fund and the planning and design activities funded through the design fund, including needs assessments which may or may not lead to capital investments, and salaries and associated costs of the resident engineers who oversee those capital investments funded through this account, and funds provided for the purchase of land for the National Cemetery Administration through the land acquisition line item, none of the funds made available under this heading shall be used for any project which has not been approved by the Congress in the budgetary process:Provided further, That funds made available under this heading for fiscal year 2013, for each approved project shall be obligated: (1) by the awarding of a construction documents contract by September 30, 2013; and (2) by the awarding of a construction contract by September 30, 2014:Provided further, That the Secretary of Veterans Affairs shall promptly submit to theCommittees on Appropriationsofboth Houses of Congressa written report on any approved major construction project for which obligations are not incurred within the time limitations established above.Construction, minor projects– For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs , including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, or for any of the purposes set forth insections 316 ,2404 ,2406 , andchapter 81 of title 38, United States Code, not otherwise provided for, where the estimated cost of a project is equal to or less than the amount set forth insection 8104(a)(3)(A) of title 38, United States Code ,$607,530,000, to remain available until September 30, 2017, along with unobligated balances of previous“Construction, minor projects”appropriations which are hereby made available for any project where the estimated cost is equal to or less than the amount set forth in such section:Provided, That funds made available under this heading shall be for: (1) repairs to any of the nonmedical facilities under the jurisdiction or for the use of the Department which are necessary because of loss or damage caused by any natural disaster or catastrophe; and (2) temporary measures necessary to prevent or to minimize further loss by such causes.Grants for construction of state extended care facilities– For grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing care to veterans as authorized bysections 8131 through 8137 of title 38, United States Code ,$85,000,000, to remain available until expended.Grants for construction of veterans cemeteries– For grants to assist States and tribal governments in establishing, expanding, or improving veterans cemeteries as authorized bysection 2408 of title 38, United States Code ,$46,000,000, to remain available until expended.Administrative provisions– (Including transfer of funds)–

201.[edit]

Any appropriation for fiscal year 2013 for“Compensation and pensions”,“Readjustment benefits”, and“Veterans insurance and indemnities”may be transferred as necessary to any other of the mentioned appropriations:Provided, That before a transfer may take place, the Secretary of Veterans Affairs shall request from theCommittees on Appropriationsofboth Houses of Congressthe authority to make the transfer and such Committees issue an approval, or absent a response, a period of 30 days has elapsed.(Including transfer of funds)–

202.[edit]

Amounts made available for the Department of Veterans Affairs for fiscal year 2013, in this Act or any other Act, under the“Medical services”,“Medical support and compliance”, and“Medical facilities”accounts may be transferred among the accounts:Provided, That any transfers between the“Medical services”and“Medical support and compliance”accounts of 1 percent or less of the total amount appropriated to the account in this or any other Act may take place subject to notification from the Secretary of Veterans Affairs to theCommittees on Appropriationsofboth Houses of Congressof the amount and purpose of the transfer:Provided further, That any transfers between the“Medical services”and“Medical support and compliance”accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place only after the Secretary requests from theCommittees on Appropriationsofboth Houses of Congressthe authority to make the transfer and an approval is issued:Provided further, That any transfers to or from the“Medical facilities”account may take place only after the Secretary requests from theCommittees on Appropriationsofboth Houses of Congressthe authority to make the transfer and an approval is issued.

203.[edit]

Appropriations available in this title for salaries and expenses shall be available for services authorized bysection 3109 of title 5, United States Code ; hire of passenger motor vehicles; lease of a facility or land or both; and uniforms or allowances therefore, as authorized bysections 5901 through5902 of title 5, United States Code .

204.[edit]

No appropriations in this title (except the appropriations for“Construction, major projects”, and“Construction, minor projects”) shall be available for the purchase of any site for or toward the construction of any new hospital or home.

205.[edit]

No appropriations in this title shall be available for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment undersections 7901 through 7904 of title 5, United States Code , or the Robert T. Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C. 5121 et seq. )), unless reimbursement of the cost of such hospitalization or examination is made to the“Medical services”account at such rates as may be fixed by the Secretary of Veterans Affairs .

206.[edit]

Appropriations available in this title for“Compensation and pensions”,“Readjustment benefits”, and“Veterans insurance and indemnities”shall be available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 2012.

207.[edit]

Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting fromsections 3328(a) ,3334 , and3712(a) of title 31, United States Code , except that if such obligations are from trust fund accounts they shall be payable only from“Compensation and pensions”.(Including transfer of funds)–

208.[edit]

Notwithstanding any other provision of law, during fiscal year 2013, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund undersection 1920 of title 38, United States Code, the Veterans’ Special Life Insurance Fund undersection 1923 of title 38, United States Code , and the United States Government Life Insurance Fund undersection 1955 of title 38, United States Code , reimburse the“General operating expenses, Veterans Benefits Administration ”and“Information technology systems”accounts for the cost of administration of the insurance programs financed through those accounts:Provided, That reimbursement shall be made only from the surplus earnings accumulated in such an insurance program during fiscal year 2013 that are available for dividends in that program after claims have been paid and actuarially determined reserves have been set aside:Provided further, That if the cost of administration of such an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the extent of such surplus earnings:Provided further, That the Secretary shall determine the cost of administration for fiscal year 2013 which is properly allocable to the provision of each such insurance program and to the provision of any total disability income insurance included in that insurance program.

209.[edit]

Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services, may be obligated during the fiscal year in which the proceeds are received.(Including transfer of funds)–

210.[edit]

Funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management of the Department of Veterans Affairs and the Office of Employment Discrimination Complaint Adjudication undersection 319 of title 38, United States Code , for all services provided at rates which will recover actual costs but not to exceed $42,904,000 for the Office of Resolution Management and $3,360,000 for the Office of Employment and Discrimination Complaint Adjudication :Provided, That payments may be made in advance for services to be furnished based on estimated costs:Provided further, That amounts received shall be credited to the“General administration”and“Information technology systems”accounts for use by the office that provided the service.

211.[edit]

No appropriations in this title shall be available to enter into any new lease of real property if the estimated annual rental cost is more than $1,000,000, unless the Secretary submits a report which theCommittees on Appropriationsofboth Houses of Congressapprove within 30 days following the date on which the report is received.

212.[edit]

No funds of the Department of Veterans Affairs shall be available for hospital care, nursing home care, or medical services provided to any person underchapter 17 of title 38, United States Code, for a non-service-connected disability described insection 1729(a)(2) of such title , unless that person has disclosed to the Secretary of Veterans Affairs , in such form as the Secretary may require, current, accurate third-party reimbursement information for purposes ofsection 1729 of such title :Provided, That the Secretary may recover, in the same manner as any other debt due the United States, the reasonable charges for such care or services from any person who does not make such disclosure as required:Provided further, That any amounts so recovered for care or services provided in a prior fiscal year may be obligated by the Secretary during the fiscal year in which amounts are received.(Including transfer of funds)–

213.[edit]

Notwithstanding any other provision of law, proceeds or revenues derived from enhanced-use leasing activities (including disposal) may be deposited into the“Construction, major projects”and“Construction, minor projects”accounts and be used for construction (including site acquisition and disposition), alterations, and improvements of any medical facility under the jurisdiction or for the use of the Department of Veterans Affairs . Such sums as realized are in addition to the amount provided for in“Construction, major projects”and“Construction, minor projects”.

214.[edit]

Amounts made available under“Medical services”are available—

(1) for furnishing recreational facilities, supplies, and equipment; and
(2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department .(Including transfer of funds)–

215.[edit]

Such sums as may be deposited to the Medical Care Collections Fund pursuant tosection 1729A of title 38, United States Code , may be transferred to“Medical services”, to remain available until expended for the purposes of that account.

216.[edit]

The Secretary of Veterans Affairs may enter into agreements with Indian tribes and tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service , and Indian tribes and tribal organizations serving rural Alaska which have entered into contracts with the Indian Health Service under the Indian Self Determination and Educational Assistance Act, to provide healthcare, including behavioral health and dental care. The Secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary. The term“rural Alaska”shall mean those lands sited within the external boundaries of the Alaska Native regions specified in sections 7(a)(1)–(4)and (7)–(12) of the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606 ), and those lands within the Alaska Native regions specified in sections 7(a)(5)and 7(a)(6) of the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606 ), which are not within the boundaries of the municipality of Anchorage, the Fairbanks North Star Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough.(Including transfer of funds)–

217.[edit]

Such sums as may be deposited to the Department of Veterans Affairs Capital Asset Fund pursuant tosection 8118 of title 38, United States Code , may be transferred to the“Construction, major projects”and“Construction, minor projects”accounts, to remain available until expended for the purposes of these accounts.

218.[edit]

None of the funds made available in this title may be used to implement any policy prohibiting the Directors of the Veterans Integrated Services Networks from conducting outreach or marketing to enroll new veterans within their respective Networks.

219.[edit]

The Secretary of Veterans Affairs shall submit to theCommittees on Appropriationsofboth Houses of Congressa quarterly report on the financial status of the Veterans Health Administration .(Including transfer of funds)–

220.[edit]

Amounts made available under the“Medical services”,“Medical support and compliance”,“Medical facilities”,“General operating expenses, Veterans Benefits Administration”,“General administration”, and“ National Cemetery Administration ”accounts for fiscal year 2013, may be transferred to or from the“Information technology systems”account:Provided, That before a transfer may take place, the Secretary of Veterans Affairs shall request from theCommittees on Appropriationsofboth Houses of Congressthe authority to make the transfer and an approval is issued.

221.[edit]

None of the funds appropriated or otherwise made available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with: (1) section 842 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006(Public Law 109–115 ;119 Stat. 2506); or (2)section 8110(a)(5) of title 38, United States Code .

222.[edit]

Of the amounts made available to the Department of Veterans Affairs for fiscal year 2013, in this Act or any other Act, under the“Medical facilities”account for nonrecurring maintenance, not more than 20 percent of the funds made available shall be obligated during the last 2 months of that fiscal year:Provided, That the Secretary may waive this requirement after providing written notice to theCommittees on Appropriationsofboth Houses of Congress.(Including transfer of funds)–

223.[edit]

Of the amounts appropriated to the Department of Veterans Affairs for fiscal year 2013 for“Medical services”,“Medical support and compliance”,“Medical facilities”,“Construction, minor projects”, and“Information technology systems”, up to $247,356,000, plus reimbursements, may be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010(Public Law 111–84 ;123 Stat. 3571)and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009(Public Law 110–417 ;122 Stat. 4500):Provided, That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to theCommittees on Appropriationsofboth Houses of Congress.(Including transfer of funds)–

224.[edit]

Such sums as may be deposited to the Medical Care Collections Fund pursuant tosection 1729A of title 38, United States Code , for healthcare provided at facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009(Public Law 110–417 ;122 Stat. 4500)shall also be available: (1) for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010(Public Law 111–84 ;123 Stat. 3571); and (2) for operations of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009(Public Law 110–417 ;122 Stat. 4500).(Including transfer of funds)–

225.[edit]

Of the amounts available in this title for“Medical services”,“Medical support and compliance”, and“Medical facilities”, a minimum of $15,000,000, shall be transferred to the DOD–VA Health Care Sharing Incentive Fund, as authorized bysection 8111(d) of title 38, United States Code , to remain available until expended, for any purpose authorized bysection 8111 of title 38, United States Code .(Including rescissions of funds)–

226.[edit]

(a) Of the funds appropriated intitle II of division H of Public Law 112–74 , the following amounts which became available on October 1, 2012, are hereby rescinded from the following accounts in the amounts specified:
(1) “Department of Veterans Affairs, Medical services”, $1,500,000,000.
(2) “Department of Veterans Affairs, Medical support and compliance”, $200,000,000.
(3) “Department of Veterans Affairs, Medical facilities”, $250,000,000.
(b) In addition to amounts provided elsewhere in this Act, an additional amount is appropriated to the following accounts in the amounts specified to remain available until September 30, 2014:
(1) “Department of Veterans Affairs, Medical services”, $1,500,000,000.
(2) “Department of Veterans Affairs, Medical support and compliance”, $200,000,000.
(3) “Department of Veterans Affairs, Medical facilities”, $250,000,000.

227.[edit]

The Secretary of the Department of Veterans Affairs shall notify theCommittees on Appropriationsofboth Houses of Congressof all bid savings in major construction projects that total at least $5,000,000, or 5 percent of the programmed amount of the project, whichever is less:Provided, That such notification shall occur within 14 days of a contract identifying the programmed amount:Provided further, That the Secretary shall notify theCommittees on Appropriationsofboth Houses of Congress14 days prior to the obligation of such bid savings and shall describe the anticipated use of such savings.

228.[edit]

The scope of work for a project included in“Construction, major projects”may not be increased above the scope specified for that project in the original justification data provided to the Congress as part of the request for appropriations.

229.[edit]

The Secretary of the Department of Veterans Affairs shall provide on a quarterly basis to theCommittees on Appropriationsofboth Houses of Congressnotification of any single national outreach and awareness marketing campaign in which obligations exceed $2,000,000.

230.[edit]

The Secretary shall submit to theCommittees on Appropriationsofboth Houses of Congressa reprogramming request if at any point during fiscal year 2013, the funding allocated for a medical care initiative identified in the fiscal year 2013 expenditure plan is adjusted by more than $25,000,000 from the allocation shown in the corresponding congressional budget justification. Such a reprogramming request may go forward only if theCommittees on Appropriationsofboth Houses of Congressapprove the request or if a period of 14 days has elapsed.

231.[edit]

None of the funds made available in this Act may be used to enter into a contract using procedures that do not give to small business concerns owned and controlled by veterans (as that term is defined in section 3(q)(3) of the Small Business Act(15 U.S.C. 632(q)(3) )that are included in the database undersection 8127(f) of title 38, United States Code , any preference available with respect to such contract, except for a preference given to small business concerns owned and controlled by service-disabled veterans (as defined in section 3(q)(2) of the Small Business Act(15 U.S.C. 632(q)(2) ).

232.[edit]

Funds made available under the heading“Medical services”intitle II of division H of Public Law 112–74 may be used to carry outsection 1787 of title 38, United States Code .

Title III— Related agencies[edit]

American Battle Monuments Commission– Salaries and expenses– For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission , including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one-for-one replacement basis only) and hire of passenger motor vehicles; not to exceed $7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign countries, when required by law of such countries,$62,929,000, to remain available until expended.Foreign currency fluctuations account– For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission ,such sums as may be necessary, to remain available until expended, for purposes authorized bysection 2109 of title 36, United States Code .United States Court of Appeals for Veterans Claims– Salaries and expenses– For necessary expenses for the operation of the United States Court of Appeals for Veterans Claims as authorized bysections 7251 through 7298 of title 38, United States Code ,$32,481,000:Provided, That $2,726,000 shall be available for the purpose of providing financial assistance as described, and in accordance with the process and reporting procedures set forth, under this heading inPublic Law 102–229 .Department of Defense—Civil– Cemeterial expenses, Army– Salaries and expenses– For necessary expenses for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers’ and Airmen’s Home National Cemetery, including the purchase or lease of passenger motor vehicles for replacement on a one-for-one basis only, and not to exceed $1,000 for official reception and representation expenses,$65,800,000, of which not to exceed $27,000,000 shall remain available until September 30, 2015. In addition, such sums as may be necessary for parking maintenance, repairs and replacement, to be derived from the“Lease of Department of Defense Real Property for Defense Agencies”account.Construction– For necessary expenses for planning and design and construction at Arlington National Cemetery and Soldiers’ and Airmen’s Home National Cemetery,$103,000,000, to remain available until September 30, 2017, of which, $84,000,000 shall be for planning and design and construction associated with the Millennium Project at Arlington National Cemetery; and $19,000,000 shall be for study, planning, design, and architect and engineer services for future expansion of burial space at Arlington National Cemetery.Armed Forces Retirement Home– Trust fund– For expenses necessary for the Armed Forces Retirement Home to operate and maintain the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi, to be paid from funds available in the Armed Forces Retirement Home Trust Fund,$67,590,000, of which $2,000,000 shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi.Administrative provision–

301.[edit]

Funds appropriated in this Act under the heading,“Department of Defense—Civil, Cemeterial Expenses, Army”, may be provided to Arlington County, Virginia, for the relocation of the federally owned water main at Arlington National Cemetery, making additional land available for ground burials.

Title IV— Overseas contingency operations[edit]

Department of Defense– Military construction, Navy and Marine Corps– For an additional amount for“Military Construction, Navy and Marine Corps”,$150,768,000, to remain available until September 30, 2013:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.Administrative provision– (Including rescission of funds)–

401.[edit]

Of the unobligated balances insection 2005 in title X, of Public Law 112–10 anddivision H in title IV of Public Law 112–74 , $150,768,000 are hereby rescinded:Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Title V— General provisions[edit]

501.[edit]

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

502.[edit]

None of the funds made available in this Act may be used for any program, project, or activity, when it is made known to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates.

503.[edit]

No part of any funds appropriated in this Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before Congress, except in presentation to Congress itself.

504.[edit]

All departments and agencies funded under this Act are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of“E-Commerce”technologies and procedures in the conduct of their business practices and public service activities.

505.[edit]

Unless stated otherwise, all reports and notifications required by this Act shall be submitted to theSubcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representativesand theSubcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate.

506.[edit]

None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriations Act.

507.[edit]

None of the funds made available in this Act may be used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the United States House of Representatives.

508.[edit]

(a) Any agency receiving funds made available in this Act, shall, subject to subsections (b)and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest.
(b) Subsection (a)shall not apply to a report if—
(1) the public posting of the report compromises national security; or
(2) the report contains confidential or proprietary information.
(c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days.

509.[edit]

(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a)shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.

510.[edit]

None of the funds made available in this Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries or successors.

511.[edit]

(a) In general–[edit]

None of the funds appropriated or otherwise made available to the Department of Defense in this Act may be used to construct, renovate, or expand any facility in the United States, its territories, or possessions to house any individual detained at United States Naval Station, Guantanamo Bay, Cuba, for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense .

(b) The prohibition in subsection (a)shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of the Department of Defense ; or
(B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

512.[edit]

None of the funds appropriated or otherwise made available in this Act may be used by an agency of the executive branch to pay for first-class travel by an employee of the agency in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.

513.[edit]

None of the funds provided in this Act may be used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive Order No. 12989.

514.[edit]

None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

515.[edit]

None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

516.[edit]

Such sums as may be necessary for fiscal year 2013 for pay raises for programs funded by this Act shall be absorbed within the levels appropriated in this Act.

517.[edit]

None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency that are stationed within the United States at any single conference occurring outside a state of the United States, except for employees of the Department of Veterans Affairs stationed in the Philippines, unless the relevant Secretary reports to theCommittees on Appropriationsofboth Houses of Congressat least 5 days in advance that such attendance is important to the national interest.This division may be cited as the“ Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2013”.

C Full-Year Continuing Appropriations Act, 2013–[edit]

The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2013, and for other purposes, namely:

Title I— general provisions[edit]

1101.[edit]

(a) Such amounts as may be necessary, at the level specified in subsection (c)and under the authority and conditions provided in applicable appropriations Acts for fiscal year 2012, for projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for, and for which appropriations, funds, or other authority were made available in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012(division A of Public Law 112–55 ), except for the appropriations designated by the Congress as being for disaster relief in section 735 of such Act.
(2) The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012(division B of Public Law 112–55 ), except for the appropriation designated by the Congress as being for disaster relief in the second paragraph under the heading“Department of Commerce, Economic Development Administration, Economic Development Assistance Programs”in such Act.
(3) The Energy and Water Development and Related Agencies Appropriations Act, 2012(division B of Public Law 112–74 ).
(4) The Financial Services and General Government Appropriations Act, 2012(division C of Public Law 112–74 ).
(5) The Department of Homeland Security Appropriations Act, 2012(division D of Public Law 112–74 ).
(6) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012(division E of Public Law 112–74 ).
(7) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2012(division F of Public Law 112–74 ).
(8) The Legislative Branch Appropriations Act, 2012(division G of Public Law 112–74 ).
(9) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012(division I of Public Law 112–74 ).
(10) The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2012(division C of Public Law 112–55 ), except for the appropriations designated by the Congress as being for disaster relief under the heading“Department of Transportation, Federal Highway Administration, Emergency Relief”and in the last proviso of section 239 of such Act.
(11) The Disaster Relief Appropriations Act, 2012(Public Law 112–77 ), except for appropriations under the heading“Corps of Engineers—Civil”.
(b) For purposes of this division, the term“level”means an amount.
(c) The level referred to in subsection (a)shall be the amounts appropriated in the appropriations Acts referred to in such subsection, including transfers and obligation limitations, except that such level shall be calculated without regard to any rescission or cancellation of funds or contract authority, other than—
(1) the 0.16 percent across-the-board rescission insection 436 of division E of Public Law 112–74 (relating to the Department of the Interior, Environment, and Related Agencies); and
(2) the 0.189 percent across-the-board rescission insection 527 of division F of Public Law 112–74 , (relating to the Departments of Labor, Health and Human Services, and Education, and Related Agencies).

1102.[edit]

Appropriations made by section 1101shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act.

1103.[edit]

Appropriations provided by this division that, in the applicable appropriations Act for fiscal year 2012, carried a multiple-year or no-year period of availability shall retain a comparable period of availability.

1104.[edit]

No appropriation or funds made available or authority granted pursuant to section 1101shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2012.

1105.[edit]

Except as otherwise expressly provided in this division, the requirements, authorities, conditions, limitations, and other provisions of the appropriations Acts referred to in section 1101shall continue in effect through the date specified in section 1106.

1106.[edit]

Unless otherwise provided for in this division or in the applicable appropriations Act, appropriations and funds made available and authority granted pursuant to this division shall be available through September 30, 2013.

1107.[edit]

Expenditures made pursuant to the Continuing Appropriations Resolution, 2013(Public Law 112–175 )shall be charged to the applicable appropriation, fund, or authorization provided by this division.

1108.[edit]

Funds appropriated by this division may be obligated and expended notwithstandingsection 10 of Public Law 91–672 (22 U.S.C. 2412 ), section 15 of the State Department Basic Authorities Act of 1956(22 U.S.C. 2680 ), and section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995(22 U.S.C. 6212 ).

1109.[edit]

(a) For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2012, and for activities under the Food and Nutrition Act of 2008, the levels established by section 1101shall be the amounts necessary to maintain program levels under current law and under the authority and conditions provided in the applicable appropriations Acts for fiscal year 2012.
(b) In addition to the amounts otherwise provided by section 1101, the following amounts shall be available for the following accounts for advance payments for the first quarter of fiscal year 2014:
(1) “Department of Labor, Office of Workers’ Compensation Programs, Special Benefits for Disabled Coal Miners”, for benefit payments under title IV of the Federal Mine Safety and Health Act of 1977, $40,000,000, to remain available until expended.
(2) “Department of Health and Human Services, Centers for Medicare and Medicaid Services, Grants to States for Medicaid”, for payments to States or in the case of section 1928 on behalf of States under title XIX of the Social Security Act, $106,335,631,000, to remain available until expended.
(3) “Department of Health and Human Services, Administration for Children and Families, Payments to States for Child Support Enforcement and Family Support Programs”, for payments to States or other non-Federal entities under titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), $1,100,000,000, to remain available until expended.
(4) “Department of Health and Human Services, Administration for Children and Families, Payments for Foster Care and Permanency”, for payments to States or other non-Federal entities under title IV-E of the Social Security Act, $2,200,000,000.
(5) “Social Security Administration, Supplemental Security Income Program”, for benefit payments under title XVI of the Social Security Act, $19,300,000,000, to remain available until expended.

1110.[edit]

(a) Each amount made available in this division by reference to an appropriation that was previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985or as being for disaster relief pursuant to section 251(b)(2)(D) of such Actis designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of such Actor as being for disaster relief pursuant to section 251(b)(2)(D) of such Act, respectively.
(b) Of the amount made available by section 1101for“Social Security Administration, Limitation on Administrative Expenses”, $483,484,000 is additional new budget authority specified for purposes of sub section 251(b)(2)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985.

1111.[edit]

With respect to any discretionary account for which advance appropriations were provided for fiscal year 2013 or 2014 in an appropriations Act for fiscal year 2012, in addition to amounts otherwise made available by this division, advance appropriations are provided in the same amount for fiscal year 2014 or 2015, respectively, with a comparable period of availability.

1112.[edit]

(a) Section 147 of the Continuing Appropriations Act, 2011(Public Law 111–242 ), as added by section 1(a)(2) of the Continuing Appropriations and Surface Transportation Extensions Act, 2011(Public Law 111–322 ;5 U.S.C. 5303 note ), is amended—
(1) in subsection (b)(1), by striking the matter after “ending on” and before “shall be made” and inserting “December 31, 2013,”; and
(2) in subsection (c), by striking the matter after “ending on” and before “no senior executive” and inserting “December 31, 2013,”.
(b) Section 114 of the Continuing Appropriations Resolution, 2013(Public Law 112–175 ;5 U.S.C. 5303 note )is repealed.

1113.[edit]

(a) Not later than 30 days after the date of the enactment of this division, each department and agency in subsection (c)shall submit to theCommittees on Appropriations of the House of Representativesand theSenatea spending, expenditure, or operating plan for fiscal year 2013—
(1) at the program, project, or activity level (or, for foreign assistance programs funded in titles III, IVand VIII of the Department of State, Foreign Operations, and Related Programs Appropriations Act, at the country, regional, and central program level, and for any international organization); or
(2) as applicable, at any greater level of detail required for funds covered by such a plan in an appropriations Act referred to in section 1101, in the joint explanatory statement accompanying such Act, or in committee report language incorporated by reference in such joint explanatory statement.
(b) If a sequestration is ordered by the President under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, the spending, expenditure, or operating plan required by this section shall reflect such sequestration.
(c) The departments and agencies to which this section applies are as follows:
(1) The Department of Agriculture .
(2) The Department of Commerce .
(3) The Department of Education .
(4) The Department of Energy .
(5) The Department of Health and Human Services .
(6) The Department of Homeland Security .
(7) The Department of Housing and Urban Development .
(8) The Department of the Interior .
(9) The Department of Justice .
(10) The Department of Labor .
(11) The Department of State and United States Agency for International Development .
(12) The Department of Transportation .
(13) The Department of the Treasury .
(14) The National Aeronautics and Space Administration .
(15) The National Science Foundation .
(16) The Judiciary.
(17) With respect to amounts made available under the heading“Executive Office of the President and Funds Appropriated to the President”, agencies funded under such heading.
(18) The Federal Communications Commission .
(19) The General Services Administration .
(20) The Office of Personnel Management .
(21) The National Archives and Records Administration .
(22) The Securities and Exchange Commission .
(23) The Small Business Administration .
(24) The Environmental Protection Agency .
(25) The Indian Health Service .
(26) The Smithsonian Institution .
(27) The Social Security Administration .
(28) The Corporation for National and Community Service .
(29) The Corporation for Public Broadcasting .
(30) The Food and Drug Administration .
(31) The Commodity Futures Trading Commission .

1114.[edit]

Not later than May 1, 2013, and each month thereafter through November 1, 2013, the Director of the Office of Management and Budget shall submit to theCommittees on Appropriations of the House of Representativesand theSenatea report on all obligations incurred in fiscal year 2013, by each department and agency, using funds made available by this division. Such report shall—

(1) set forth obligations by account; and
(2) compare the obligations incurred in the period covered by the report to the obligations incurred in the same period in fiscal year 2012.

Title II— agriculture, rural development, food and drug administration, and related agencies[edit]

1201.[edit]

Notwithstanding section 1101, the level for“Domestic Food Programs, Food and Nutrition Service, Commodity Assistance Program”, shall be $253,952,000, of which $186,935,000 shall be for the Commodity Supplemental Food Program.

1202.[edit]

Notwithstanding section 1101, the amounts included under the heading “Agricultural Programs, Farm Service Agency, Agricultural Credit Insurance Fund Program Account” indivision A of Public Law 112–55 shall be applied to funds appropriated by this division as follows: by substituting “$2,000,000,000” for “$1,500,000,000” the first place it appears; by substituting “$1,258,887,000” for “$1,050,090,000”; and by substituting “$70,120,000” for “$59,120,000”.

1203.[edit]

Notwithstanding section 1101, the Secretary of Agriculture may transfer funds among the loan and loan guarantee programs within the Rural Development mission area to maintain the 2012 program levels, to the extent possible, for such programs and activities during fiscal year 2013.

1204.[edit]

Notwithstanding section 1101, amounts otherwise provided by section 1101for “Department of Health and Human Services, Food and Drug Administration, Salaries and Expenses” for medical device user fees shall be increased by the amounts by which the authorized levels of such fees for fiscal year 2013 exceed the authorized levels of such fees for fiscal year 2012:Provided, That amounts collected for fees specified in this section for fiscal year 2013 that exceed applicable fiscal year 2013 limitations for such fees are appropriated and shall be credited to such account and remain available until expended.

1205.[edit]

Notwithstanding section 1101, fees authorized for fiscal year 2013 pursuant to section 744B of the Federal Food, Drug, and Cosmetic Act(21 U.S.C. 379j-42 )shall be credited to “Department of Health and Human Services, Food and Drug Administration, Salaries and Expenses” and remain available until expended.

1206.[edit]

Sections 744 and748 of division A of Public Law 112–55 shall not apply to funds appropriated by this division.

1207.[edit]

Of the funds made available for “Rural Development Programs, Rural Business—Cooperative Service, Rural Economic Development Loans Program Account”, of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act of 1936(7 U.S.C. 940c ), $180,000,000 shall not be obligated and $180,000,000 is rescinded.

1208.[edit]

(a) Notwithstanding section 1101, the first and second provisos ofsection 726(15) of division A of Public Law 112–55 shall be applied to funds appropriated by this division as if“, in this fiscal year,”appeared before“section 19(i)(1)(E)”the first place it appears, by substituting“$39,000,000”for“$20,000,000”, and by substituting“$117,000,000”for“$133,000,000”.
(b) Of the unobligated balances available undersection 14222(b)(2)(A)(v) of Public Law 110–246 (7 U.S.C. 612c–6(b)(2)(A)(v) ), $150,000,000 is rescinded.

1209.[edit]

In addition to amounts provided elsewhere in this division, $48,256,765 is appropriated for activities under section 403 of the Agricultural Credit Act of 1978(Emergency Watershed Protection Program;16 U.S.C. 2203 )for necessary expenses resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C. 5121 et seq. ):Provided,That the Secretary of Agriculture shall transfer these funds to the Natural Resources Conservation Service.

1210.[edit]

Section 1109(a)of this division shall not be construed to change the requirement that $3,000,000,000, to remain available until September 30, 2014, be placed in reserve for “Domestic Food Programs, Food and Nutrition Service, Supplemental Nutrition Assistance Program”.

1211.[edit]

Notwithstanding section 1101, the level for“Agricultural Programs, National Agricultural Statistics Service”shall be $179,477,000, of which up to $62,500,000 shall be available until expended for the Census of Agriculture .

Title III— commerce, justice, science, and related agencies[edit]

1301.[edit]

Notwithstanding section 1101, the level for“National Oceanic and Atmospheric Administration, Procurement, Acquisition and Construction”shall be $1,951,036,000, of which $802,000,000 shall be for the Geostationary Operational Environmental Satellite–R system.

1302.[edit]

Notwithstanding section 1101, the level for each of the following accounts shall be $0:“Department of Justice, General Administration, National Drug Intelligence Center”;“Department of Justice, Drug Enforcement Administration, Construction”.

1303.[edit]

Notwithstanding section 1101, the level for“Department of Justice, General Administration, Justice Information Sharing Technology”shall be $22,000,000.

1304.[edit]

Notwithstanding section 1101, the level for“Department of Justice, Federal Bureau of Investigation, Salaries and Expenses”shall be $8,165,520,000.

1305.[edit]

Notwithstanding section 1101, the level for“Department of Justice, Federal Prison System, Salaries and Expenses”shall be $6,689,481,000.

1306.[edit]

Notwithstanding section 1101, the level for“Department of Justice, Office of Justice Programs, State and Local Law Enforcement Assistance”shall be $1,062,500,000:Provided, That the amounts included under such heading indivision B of Public Law 112–55 shall be applied to funds appropriated by this division as follows: by substituting“$370,000,000”for“$470,000,000”; and by substituting“$0”for“$100,000,000”.

1307.[edit]

Of the unobligated balances available for“Department of Justice, Legal Activities, Assets Forfeiture Fund”, $675,000,000 is rescinded.

1308.[edit]

Of the unobligated balances available for“Department of Justice, Federal Prison System, Buildings and Facilities”, $64,700,000 is rescinded, to be derived from amounts for the“Acquire Existing Institution for Higher Security FCI”project.

1309.[edit]

Section 505 of division B of Public Law 112–55 shall be applied to funds appropriated by this division by substituting “45” for “15”.

1310.[edit]

(a) None of the income retained in the Department of Justice Working Capital Fund pursuant totitle I of Public Law 102–140 (105 Stat. 784;28 U.S.C. 527 note )shall be available for obligation during fiscal year 2013.
(b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working Capital Fund pursuant totitle I of Public Law 102–140 (105 Stat. 784;28 U.S.C. 527 note )shall be available for obligation in fiscal year 2013, and any use, obligation, transfer, or allocation of such funds shall be treated as a reprogramming of funds undersection 505 of division B of Public Law 112–55 .
(c) Not to exceed $10,000,000 of the excess unobligated balances available undersection 524(c)(8)(E) of title 28, United States Code , shall be available for obligation during fiscal year 2013, and any use, obligation, transfer, or allocation of such funds shall be treated as a reprogramming of funds undersection 505 of division B of Public Law 112–55 .
(d) Of amounts available in the Department of Justice Assets Forfeiture Fund in fiscal year 2013, $154,700,000 shall be for payments associated with joint law enforcement operations in fiscal year 2013 as authorized bysection 524(c)(1)(I) of title 28, United States Code .
(e) The Attorney General shall submit a spending plan to theCommittees on Appropriations of the House of Representativesand theSenatenot later than 45 days after the date of enactment of this division detailing the planned distribution of the Department of Justice Assets Forfeiture Fund joint law enforcement operations funding during fiscal year 2013.
(f) Subsections (a) through (d) of this sectionshall sunset on September 30, 2013.

1311.[edit]

Notwithstanding section 1101, the level for“National Aeronautics and Space Administration, Exploration”shall be $4,152,000,000:Provided, That the amounts included under such heading indivision B of Public Law 112–55 shall be applied to funds appropriated by this division as follows: by substituting“$2,119,000,000”for“$1,860,000,000”; by substituting“$525,000,000”for“$406,000,000”; by substituting“$308,000,000”for“$304,800,000”; by substituting“$454,000,000”for“$316,500,000”; and by substituting“$265,000,000”for“$58,000,000”.

1312.[edit]

Notwithstanding section 1101, the level for each of the following accounts shall be as follows:“National Aeronautics and Space Administration, Space Operations”, $4,000,000,000; and“National Aeronautics and Space Administration, Cross Agency Support”, $2,847,400,000.

Title IV— energy and water development and related agencies[edit]

1401.[edit]

(a) Notwithstanding section 1101, the level for“Department of Energy, Atomic Energy Defense Activities, National Nuclear Security Administration, Weapons Activities”shall be $7,577,341,000.
(b) Section 301(c) of division B of Public Law 112–74 shall not apply to amounts made available by this section.

1402.[edit]

In addition to amounts otherwise made available by this division, $150,000,000 is appropriated for“Department of Energy, Atomic Energy Defense Activities, National Nuclear Security Administration, Defense Nuclear Nonproliferation”for domestic uranium enrichment research, development, and demonstration.

1403.[edit]

Section 14704 of title 40, United States Code , shall be applied to amounts made available by this division by substituting the date specified in section 1106 of this divisionfor“October 1, 2012”.

Title V— financial services and general government[edit]

1501.[edit]

(a) Notwithstanding any other provision of this division, except section 1106, the District of Columbia may expend local funds under the heading “District of Columbia Funds” for such programs and activities under title IV of H.R. 6020 (112th Congress), as reported by theCommittee on Appropriations of the House of Representatives, at the rate set forth under “District of Columbia Funds—Summary of Expenses” as included in the Fiscal Year 2013 Budget Request Act of 2012 (D.C. Act 19–381), as modified as of the date of the enactment of this division.
(b) Section 803(b) of the Financial Services and General Government Appropriations Act, 2012(division C of Public Law 112–74 ;125 Stat. 940)is amended by striking “November 1, 2012” and inserting “November 1, 2013”.

1502.[edit]

Notwithstanding section 1101, the level for“District of Columbia, Federal Funds, Federal Payment for Emergency Planning and Security Costs in the District of Columbia”shall be $24,700,000, of which not less than $9,800,000 shall be used for costs associated with the Presidential Inauguration.

1503.[edit]

Notwithstanding section 1101, the fifth proviso under the heading“Federal Communications Commission, Salaries and Expenses”indivision C of Public Law 112–74 shall be applied by substituting“$98,739,000”for“$85,000,000”.

1504.[edit]

Notwithstanding any other provision of this division, amounts made available by section 1101for“Department of the Treasury, Departmental Offices, Salaries and Expenses”and“Department of the Treasury, Office of Inspector General, Salaries and Expenses”may be used for activities in connection with section 1602(e) of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012(subtitle F of title I of division A of Public Law 112–141 ).

1505.[edit]

Notwithstanding section 1101, the level for“Office of Government Ethics, Salaries and Expenses”shall be $18,664,000, of which $5,000,000 shall be for development and deployment of the centralized, publicly accessible database required in section 11(b) of the STOCK Act(Public Law 112–105 ).

1506.[edit]

Notwithstanding section 1101, the level for“Small Business Administration, Business Loans Program Account”for the cost of guaranteed loans as authorized by section 7(a) of the Small Business Actand section 503 of the Small Business Investment Act of 1958shall be $333,600,000.

1507.[edit]

Of the unobligated balances available for“Department of the Treasury, Treasury Forfeiture Fund”, $950,000,000 is rescinded.

Title VI— homeland security[edit]

1601.[edit]

(a) Amounts made available by this division for“Department of Homeland Security, U.S. Customs and Border Protection, Salaries and Expenses”shall be obligated as necessary to maintain the staffing levels (including by backfilling vacant positions) of Border Patrol agents, Customs and Border Protection officers, and Air and Marine interdiction agents in effect at the end of the fourth quarter of fiscal year 2012, or, with respect to Border Patrol agents, at such greater levels as may otherwise be required in the second proviso under such heading indivision D of Public Law 112–74 .
(b) Not later than 30 days after the date of the enactment of this division, the Commissioner of U.S. Customs and Border Protection shall submit to theCommittees on Appropriations of the House of Representativesand theSenatea detailed expenditure plan for“Department of Homeland Security, U.S. Customs and Border Protection, Salaries and Expenses”at the program, project, and activity level that specifies how the Commissioner will maintain staffing levels as required under subsection (a)throughout fiscal year 2013.

1602.[edit]

(a) Amounts made available by this division for“Department of Homeland Security, U.S. Immigration and Customs Enforcement, Salaries and Expenses”shall be obligated as necessary to maintain a level not less than 34,000 detention beds as required in the sixth proviso under such heading indivision D of Public Law 112–74 .
(b) Not later than 30 days after the date of the enactment of this division, the Assistant Secretary of U.S. Immigration and Customs Enforcement shall submit to theCommittees on Appropriations of the House of Representativesand theSenatea detailed expenditure plan for“Department of Homeland Security, U.S. Immigration and Customs Enforcement, Salaries and Expenses”at the program, project, and activity level that specifies how the Assistant Secretary will maintain detention bed levels as required under subsection (a)throughout fiscal year 2013.

1603.[edit]

Notwithstanding section 1101, the levels for the following accounts of the Department of Homeland Security shall be as follows:

(1) “Office of the Secretary and Executive Management”, $126,074,000.
(2) “Analysis and Operations”, $322,280,000.
(3) “U.S. Customs and Border Protection, Salaries and Expenses”, $9,024,610,000.
(4) “U.S. Customs and Border Protection, Border Security Fencing, Infrastructure, and Technology”, $324,099,000.
(5) “U.S. Customs and Border Protection, Air and Marine Interdiction, Operations, Maintenance, and Procurement”, $515,436,000.
(6) “Transportation Security Administration, Transportation Security Support”, $954,277,000.
(7) “Transportation Security Administration, Federal Air Marshals”, $910,563,000.
(8) “United States Secret Service, Salaries and Expenses”, $1,601,454,000.
(9) “National Protection and Programs Directorate, United States Visitor and Immigrant Status Indicator Technology”, $279,133,000.
(10) “Office of Health Affairs”, $132,499,000 of which $85,390,000 shall be for BioWatch and $26,702,000 is for salaries and expenses.
(11) “Federal Emergency Management Agency, Salaries and Expenses”, $837,090,000, of which $35,180,000 shall be for the National Urban Search and Rescue Response System, not to exceed $22,000,000 shall be for capital improvements at the Mount Weather Emergency Operations Center, and not less than $5,000,000 shall be for expenses related to modernization of automated systems.
(12) “United States Citizenship and Immigration Services”, $111,924,000 for the E-Verify Program.

1604.[edit]

Notwithstanding section 1101, the level for “Department of Homeland Security, Transportation Security Administration, Aviation Security” shall be $5,048,008,000:Provided, That the amounts included under such heading indivision D of Public Law 112–74 shall be applied to funds appropriated by this division by substituting “$3,972,020,000” for “$4,167,631,000”; by substituting “$408,930,000” for “$543,103,000”; by substituting “$115,204,000” for “$204,768,000”; by substituting “$1,075,988,000” for “$1,086,325,000”; by substituting “9 percent” for “10 percent”; and by substituting “$2,978,008,000” for “$3,223,956,000”.

1605.[edit]

Notwithstanding section 1101, the level for “Department of Homeland Security, Coast Guard, Acquisition, Construction, and Improvements” shall be $1,468,393,000, of which $1,005,800,000 shall be for vessels, small boats, and related equipment, including 6 Fast Response Cutters, 1 National Security Cutter, 5 Response Boat-Mediums, and initial development of an icebreaker; and $190,500,000 shall be for aircraft including 1 missionized HC-130J aircraft, 1 missionized HC-144 aircraft, and one H-60 helicopter, $64,000,000 shall be for other acquisition programs, $94,411,000 shall be for shore, military housing, and aids to navigation, and $113,682,000 shall be for personnel compensation and benefits and other costs:Provided, That funds under this heading for vessels shall be immediately available and allotted to contract for the production of the sixth National Security Cutter notwithstanding the availability of funds for post-production costs:Provided further, That the Coast Guard may decommission one High Endurance Cutter, retire 3 HU-24 aircraft, disestablish the Patrol Boat High-Tempo-Maintenance Operations, and disestablish the Vintage Vessel National Center of Expertise.

1606.[edit]

The following amounts are rescinded:

(1) Of the funds made available for “Department of Homeland Security, Coast Guard, Acquisition, Construction, and Improvements” indivision D of Public Law 110–329 , $25,000,000, to be derived from the amounts made available under such heading for the fourth National Security Cutter.
(2) Of the funds made available for “Department of Homeland Security, Coast Guard, Acquisition, Construction, and Improvements” inPublic Law 112–10 , $43,500,000, to be derived from the amounts made available under such heading for the fifth National Security Cutter.

1607.[edit]

(a) Notwithstanding section 1101, the level for “Department of Homeland Security, National Protection and Programs Directorate, Infrastructure Protection and Information Security” shall be $1,138,528,000:Provided, That of such amount, $328,000,000 shall be for Network Security Deployment, and $218,000,000 shall be for Federal Network Security to establish and sustain essential cybersecurity activities, including procurement and operations of continuous monitoring and diagnostics systems and intrusion detection systems for civilian Federal computer networks:Provided further, That of the aggregate amount made available in the preceding proviso for Network Security Deployment and Federal Network Security, $213,000,000 shall remain available until September 30, 2014.
(b) Not later than 15 days after the date of the enactment of this division, the Secretary of Homeland Security shall submit to theCommittees on Appropriations of the House of Representativesand theSenatean updated expenditure plan for essential cybersecurity activities described in subsection (a).

1608.[edit]

Section 532(a) of the Department of Homeland Security Appropriations Act, 2007(Public Law 109–295 )is amended by striking“2012”and inserting“2013”.

1609.[edit]

Section 550(b) of the Department of Homeland Security Appropriations Act, 2007(Public Law 109–295 ;6 U.S.C. 121 note )is amended by striking “on October 4, 2012” and inserting “on October 4, 2013”.

1610.[edit]

Section 831 of the Homeland Security Act of 2002(6 U.S.C. 391 )is amended—
(1) in subsection (a), by striking “Until September 30, 2012,” and inserting “Until September 30, 2013,”; and
(2) in subsection (c)(1), by striking “September 30, 2012,” and inserting ‘‘September 30, 2013,”.

1611.[edit]

(a) The third, fourth, and fifth provisos under the heading “Department of Homeland Security, Office of the Secretary and Executive Management” indivision D of Public Law 112–74 shall not apply to funds appropriated by this division.
(b) The second, third, and fourth provisos under the heading “Department of Homeland Security, National Protection and Programs Directorate, Management and Administration” indivision D of Public Law 112–74 shall not apply to funds appropriated by this division.

Title VII— interior, environment, and related agencies[edit]

1701.[edit]

The contract authority provided for fiscal year 2013 by16 U.S.C. 460l–10a is rescinded.

1702.[edit]

Notwithstanding section 1101, the level for ‘‘Department of the Interior, Department-wide Programs, Wildland Fire Management’’ shall be $823,473,000:Provided, That of the amounts made available bysection 140(b) of Public Law 112–175 (126 Stat. 1321), $7,500,000 is rescinded.

1703.[edit]

Section 10101(a) of the Omnibus Budget Reconciliation Act of 1993(30 U.S.C. 28f(a) ), as amended by section 430 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012(division E of Public Law 112–74 ;125 Stat 1047), is further amended—
(1) in paragraph (1)in the first sentence, by striking“on”the first place it appears and inserting“before, on,”; and
(2) in paragraph (2)—
(A) by striking“located”the second place it appears;
(B) by inserting at the end of the following:“Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872(30 U.S.C. 28 to 28e )and the related filing requirements contained in section 314(a) and (c) of the Federal Land Policy and Management Act of 1976(43 U.S.C. 1744(a) and(c) ).”; and
(C) by striking“(a)”in the first sentence and inserting“(a)(1)”.

1704.[edit]

(a) Of the unobligated balances available under the following headings from prior appropriation Acts, the following amounts are rescinded:
(1) “Hazardous Substance Superfund”, $15,000,000.
(2) “State and Tribal Assistance Grants”, $35,000,000, as follows:
(A) $10,000,000 from unobligated Brownfields balances.
(B) $5,000,000 from unobligated categorical grant balances.
(C) $10,000,000 from unobligated Drinking Water State Revolving Funds balances.
(D) $10,000,000 from unobligated Clean Water State Revolving Funds balances.
(b) No amounts may be rescinded under subsection (a)from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

1705.[edit]

Notwithstanding subsection (d)(2) of section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act(7 U.S.C. 136w-8 ), the Administrator of the Environmental Protection Agency may assess pesticide registration service fees under such section for fiscal year 2013.

1706.[edit]

Notwithstanding section 1101, the level for ‘‘Department of Agriculture, Forest Service, Wildland Fire Management’’ shall be $2,444,390,000. In addition to such amount, there is appropriated $40,000,000 for an additional amount for fiscal year 2013 for such account, to remain available until expended, for repayment to other appropriations accounts from which funds were transferred in fiscal year 2012 for wildfire suppression.

1707.[edit]

The authority provided by section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2000(enacted by reference insection 1000(a)(3) of Public Law 106–113 ;16 U.S.C. 497 note )shall continue in effect through the date specified in section 1106 of this division.

1708.[edit]

Notwithstanding section 1101, the level for“Presidio Trust, Presidio Trust Fund”and“Dwight D. Eisenhower Memorial Commission, Capital Construction”shall be $0.

1709.[edit]

Notwithstanding section 1101,section 408 of division E of Public Law 112–74 (125 Stat. 1038)shall be applied to funds appropriated by this division by substituting“112–10, and 112–74”for“112–10”and by substituting“2012”for“2011”.

Title VIII— labor, health and human services, education, and related agencies[edit]

1801.[edit]

Of the funds made available to the“Department of Labor, Employment and Training Administration”from any previous appropriations acts that remain unobligated as of the date of enactment of this division, up to $40,000,000 may be transferred to“Employment and Training Administration, Office of Job Corps”for Job Corps operations for program years 2012 and 2013 and shall be in addition to any other amounts available to the Office of Job Corps for such purposes:Provided, That not less than $15,000,000 shall be transferred within 30 days of enactment of this division to support Job Corps operations for the program year ending June 30, 2013:Provided further, That, not later than 15 days after any transfer has been made under the authority of this section, the Secretary of Labor shall submit a report to theCommittees on Appropriations of the House of Representativesand theSenatethat details the source of the transferred funds and the specific programs, projects, or activities for which such funds will be used, and provides a detailed explanation of the need for such transfer.

1802.[edit]

Notwithstanding section 1101, the level for“Department of Labor, Veterans Employment and Training”shall be $264,436,000, of which $226,251,000 shall be derived from the Employment Security Administration Account in the Unemployment Trust Fund:Provided, That the level provided under such heading for Veterans Workforce Investment Program grants shall be used for the Transition Assistance Program and activities authorized by the VOW to Hire Heroes Act of 2011, shall be available through September 30, 2013, and shall be in addition to any other funds available for those purposes:Provided further, That of the level provided under such heading, not less than $14,000,000 shall be for the Transition Assistance Program, and $3,414,000 shall be for the National Veterans’ Employment and Training Services Institute.

1803.[edit]

The first proviso under the heading“Department of Health and Human Services, Administration for Children and Families, Low Income Home Energy Assistance”indivision F of Public Law 112–74 shall be applied to amounts made available by this division by substituting“2013”for“2012”.

1804.[edit]

Notwithstanding section 1101, the level for“Department of Health and Human Services, Administration for Children and Families, Refugee and Entrant Assistance”shall be $992,000,000.

1805.[edit]

Notwithstanding section 1101, the rescissions made insections 522 and525 of division F of Public Law 112–74 shall be repeated in this division with respect to funds available for fiscal year 2013.

1806.[edit]

Of the amount provided by section 1101for“Department of Education, Safe Schools and Citizenship Education”for subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965, $3,000,000, to remain available until expended, shall be for the Project School Emergency Response to Violence program to provide education-related services to local educational agencies and institutions of higher education in which the learning environment has been disrupted due to a violent or traumatic crisis.

Title IX— Legislative Branch[edit]

1901.[edit]

(a) Of the amounts made available by section 1101for accounts under the heading“Architect of the Capitol”, the Architect of the Capitol may transfer an aggregate amount of not more than $61,247,000 to“Architect of the Capitol, Capitol Building”, solely for expenses related to the rehabilitation of the United States Capitol Dome.
(b) The transfer of amounts under the authority of subsection (a)shall be subject to the approval of theCommittees on Appropriations of the House of RepresentativesandSenate.
(c) Any amounts transferred under the authority of subsection (a)shall remain available until expended.

Title X— department of state, foreign operations, and related programs[edit]

2001.[edit]

(a) Notwithstanding section 1101, the level for the following accounts shall be as follows:“Overseas Contingency Operations/Global War on Terrorism, Department of State, Administration of Foreign Affairs, Diplomatic and Consular Programs”, $4,169,640,000, of which $952,695,000 is for Worldwide Security Protection (to be available until expended); and“Overseas Contingency Operations/Global War on Terrorism, Department of State, Administration of Foreign Affairs, Embassy Security, Construction, and Maintenance”, $1,362,124,000:Provided, That funds made available under this subsection shall be used for operations at high threat posts, security programs to protect personnel and property under Chief of Mission authority, preventing the compromise of classified United States Government information and equipment, and security construction or upgrade requirements at Department of State facilities worldwide, including for Worldwide Security Upgrades.
(b) Of the unobligated balances from funds appropriated intitle VIII of division I of Public Law 112–74 under the heading“Overseas Contingency Operations/Global War on Terrorism, Department of State, Administration of Foreign Affairs, Diplomatic and Consular Programs”and designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, $1,109,700,000 is rescinded.
(c) The Secretary of State shall submit a report to theCommittees on Appropriations of the House of Representativesand theSenateproviding an assessment of security requirements at United States diplomatic facilities abroad, a comprehensive plan for addressing such requirements, and a detailed description of embassy security improvements to be supported from funds made available under this section. Such report shall be submitted in unclassified form, but may include a classified annex if appropriate.

2002.[edit]

The amounts included in the first paragraph under the heading“International Security Assistance, Funds Appropriated to the President, Foreign Military Financing Program”intitle IV of division I of Public Law 112–74 shall be applied to funds appropriated by this division by substituting in the second proviso “$3,100,000,000” for “$3,075,000,000” and by substituting in the fourth proviso“$815,300,000”for“$808,725,000”.

2003.[edit]

(a) Notwithstanding section 1101, the level for each of the following accounts shall be $0:“Multilateral Assistance, International Financial Institutions, Contribution to the Enterprise for the Americas Multilateral Investment Fund”and“Multilateral Assistance, International Financial Institutions, European Bank for Reconstruction and Development, Limitation on Callable Capital Subscriptions”.
(b) Notwithstanding section 1101, the level for the second paragraph for each of the following accounts shall be $0:“Multilateral Assistance, International Financial Institutions, Contribution to the International Development Association”,“Multilateral Assistance, International Financial Institutions, Contribution to the Inter-American Development Bank”, and“Multilateral Assistance, International Financial Institutions, Contribution to the African Development Fund”.

2004.[edit]

The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990(Public Law 101–167 )is amended—

(a) in section 599D(8 U.S.C. 1157 note )—
(1) in subsection (b)(3), by striking“and 2012”and inserting“2012, and 2013”; and
(2) in subsection (e), by striking “2012” each place it appears and inserting“2013”; and
(b) in section 599E(8 U.S.C. 1255 note )in subsection (b)(2), by striking “2012” and inserting “2013”.

2005.[edit]

Of the unexpended balances available under the heading“Export and Investment Assistance, Export-Import Bank of the United States, Subsidy Appropriation”from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $216,213,000 is rescinded.

Title XI— transportation, housing and urban development, and related agencies[edit]

2101.[edit]

(a) Section 120 of division C of Public Law 112–55 shall not apply to amounts made available by this division.
(b) During the period covered by this division,section 1102 of Public Law 112–141 shall be applied—
(1) insubsection (a)(1) , by substituting“$39,143,582,670”for“$39,699,000,000”;
(2) insubsection (b)(10) , as if the limitation applicable through fiscal year 2011 applied through fiscal year 2012; and
(3) insubsection (c)(5) , by treating the reference tosection 204 of title 23, United States Code , as a reference tosections 202 and204 of such title.

2102.[edit]

Notwithstanding section 1101, the level for“Department of Transportation, National Highway Traffic Safety Administration, Highway Traffic Safety Grants”shall be $501,828,000:Provided, That the matter under such heading indivision C of Public Law 112–55 shall be applied to amounts made available by this division as follows:

(1) by substituting“$501,828,000”for“$550,328,000”the second place it appears;
(2) by substituting“23 U.S.C. 402 and405 (“National Priority Safety Programs”),section 31101(a)(6) of Public Law 112–141 , andsection 2009 of Public Law 109–59 (as amended byPublic Law 112–141 )”for“23 U.S.C. 402 ,405 ,406 ,408 , and410 andsections 2001(a)(11) ,2009 ,2010 , and2011 of Public Law 109–59 ”each place it appears;
(3) by substituting“fiscal year 2013”for“fiscal year 2012”;
(4) by substituting““Occupant Protection Grants”under23 U.S.C. 405(b) ”for““Occupant Protection Incentive Grants”under23 U.S.C. 405 ”;
(5) by substituting“$0”for“$48,500,000”;
(6) by substituting““State Traffic Safety Information System Improvements”under23 U.S.C. 405(c) ”for““State Traffic Safety Information System Improvements”under23 U.S.C. 408 ”;
(7) by substituting““Impaired Driving Countermeasures”under23 U.S.C. 405(d) ”for““Alcohol-Impaired Driving Countermeasures Incentive Grant Program”under23 U.S.C. 410 ”;
(8) by substituting““Administrative Expenses”undersection 31101(a)(6) of Public Law 112–141 ”for““Administrative Expenses”undersection 2001(a)(11) of Public Law 109–59 ”;
(9) by substituting““Motorcyclist Safety”under23 U.S.C. 405(f) ”for““Motorcyclist Safety”undersection 2010 of Public Law 109–59 ”;
(10) by substituting““Occupant Protection Grants”under23 U.S.C. 405(b) ”for““Child Safety and Child Booster Seat Safety Incentive Grants”undersection 2011 of Public Law 109–59 ”;
(11) by substituting“section 405(a)(1)(C) of title 23, United States Code ”for“section 410“Alcohol-Impaired Driving Countermeasures Grants””;
(12) by substituting“$0”for“$750,000”; and
(13) by substituting“$0”for“$25,000,000”.

2103.[edit]

The matter under the heading“Department of Transportation, Federal Transit Administration, Formula and Bus Grants”indivision C of Public Law 112–55 shall be applied to amounts made available by this division by substituting“49 U.S.C. 5305 ,5307 ,5310 ,5311 ,5318 ,5322(d) ,5335 ,5337 ,5339 , and5340 ”for“49 U.S.C. 5305 ,5307 ,5308 ,5309 ,5310 ,5311 ,5316 ,5317 ,5320 ,5335 ,5339 , and5340 andsection 3038 of Public Law 105–178 , as amended”each place it appears.

2104.[edit]

Section 601(e)(1)(B) of division B of Public Law 110–432 shall be applied by substituting the date specified in section 1106of this division for“4 years after such date”.

2105.[edit]

Section 112 of division C of Public Law 112–55 shall be applied to funds appropriated by this division by treating such section as if it were amended by striking“49 U.S.C. 41742(b) shall not apply, and”.

2106.[edit]

The first proviso under the heading“Department of Housing and Urban Development, Community Planning and Development, Homeless Assistance Grants”indivision C of Public Law 112–55 (125 Stat. 685)shall be applied to amounts appropriated by this division by substituting“not more than”for“not less than”.

2107.[edit]

Notwithstanding section 1101, the level for“Department of Housing and Urban Development, Public and Indian Housing, Indian Housing Loan Guarantee Fund Program Account”shall be $7,360,000:Provided, That the second proviso under such heading indivision C of Public Law 112–55 shall be applied to funds appropriated by this division by substituting“$976,000,000”for“$360,000,000”.This division may be cited as the“ Full-Year Continuing Appropriations Act, 2013”.

D across-the-board reductions–[edit]

3001.[edit]

(a) There is hereby rescinded the applicable percentage (as specified in subsection (b)) of—
(1) the budget authority provided (or obligation limit imposed) for fiscal year 2013 for any discretionary account in divisions A through C of this Act;
(2) the budget authority provided in any advance appropriation for fiscal year 2013 for any discretionary account in any prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2013 for any program subject to limitation incorporated or otherwise contained in divisions A through C of this Act.
(b)
(1) For purposes of subsection (a), the applicable percentage shall be—
(A) for budget authority in the nonsecurity category (as defined in section 250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985), 0.098 percent; and
(B) for budget authority in the security category (as defined in section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985), 0.109 percent.
(2) If, for fiscal year 2013, the amount of new budget authority provided in appropriation Acts exceeds the discretionary spending limits set forth in section 251(c)(2) of the Balanced Budget and Emergency Deficit Control Acton new budget authority for any category due to estimating differences with the Congressional Budget Office , the Director of the Office of Management and Budget shall increase the applicable percentage in paragraph (1)with respect to that category by such amount as is necessary to eliminate the amount of the excess in that category.
(c) Any rescission made by subsection (a)shall be applied proportionately—
(1) to each discretionary account and each item of budget authority described in such subsection; and
(2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the applicable appropriation Act or accompanying reports covering such account or item).
(d) This section shall not apply to—
(1) amounts designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act; or
(2) the amount made available by division C of this Act for“Social Security Administration, Limitation on Administrative Expenses”for continuing disability reviews under titles IIand XVI of the Social Security Actand for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act.
(e) Within 30 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall submit to theCommittees on Appropriations of the House of Representativesand theSenatea report specifying the account and amount of each rescission made pursuant to this section.

3002.[edit]

Notwithstanding any other provision of this Act, if, on or after the date of enactment of this Act, a sequestration order issued by the President pursuant to section 251A(7)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985is in effect, the reductions in each discretionary account under such order shall apply to the amounts provided in this Act consistent with section 253(f) of that Act, and shall be in addition to any reductions required by section 251(a) of that Act.

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).