I 

113TH CONGRESS 

1ST SESSION H. R. 933 

Making appropriations for the Department of Defense, the Department of 

Veterans Affairs, and other departments and agencies for the fiscal 

year ending September 30, 2013, and for other purposes. 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of De5 fense, Military Construction and Veterans Affairs, and 

6 Full-Year Continuing Appropriations Act, 2013’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Division A—Department of Defense Appropriations Act, 2013 

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

Division C—Full-Year Continuing Appropriations Act, 2013 

Division D—Across-the-Board Reductions 

3 SEC. 3. REFERENCES. 

4 Except as expressly provided otherwise, any reference 

5 to ‘‘this Act’’ contained in division A, B, or C of this Act 

6 shall be treated as referring only to the provisions of that 

7 division. 

8 SEC. 4. EXPLANATORY STATEMENT. 

9 The explanatory statement regarding this Act printed 

10 in the House of Representatives section of the Congres11 sional Record on or about March 7, 2013 by the Chairman 

12 of the Committee on Appropriations of the House shall 

13 have the same effect with respect to the allocation of funds 

14 and implementation of this Act as if it were a joint explan15 atory statement of a committee of conference. 

16 SEC. 5. AVAILABILITY OF FUNDS. 

17 Each amount designated in this Act by the Congress 

18 for Overseas Contingency Operations/Global War on Ter19 rorism pursuant to section 251(b)(2)(A) of the Balanced 

20 Budget and Emergency Deficit Control Act of 1985 shall 

21 be available (or rescinded, if applicable) only if the Presi22 dent subsequently so designates all such amounts and 

23 transmits such designations to the Congress. 


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1 DIVISION A—DEPARTMENT OF DEFENSE 

2 APPROPRIATIONS ACT, 2013 

3 The following sums are hereby appropriated, out of 

4 any money in the Treasury not otherwise appropriated, 

5 for the fiscal year ending September 30, 2013, for military 

6 functions administered by the Department of Defense and 

7 for other purposes, namely: 

8 TITLE I 

9 MILITARY PERSONNEL 

10 MILITARY PERSONNEL, ARMY

11 For pay, allowances, individual clothing, subsistence, 

12 interest on deposits, gratuities, permanent change of sta13 tion travel (including all expenses thereof for organiza14 tional movements), and expenses of temporary duty travel 

15 between permanent duty stations, for members of the 

16 Army on active duty, (except members of reserve compo17 nents provided for elsewhere), cadets, and aviation cadets; 

18 for members of the Reserve Officers’ Training Corps; and 

19 for payments pursuant to section 156 of Public Law 97– 

20 377, as amended (42 U.S.C. 402 note), and to the Depart21 ment of Defense Military Retirement Fund, 

22 $40,199,263,000. 

23 MILITARY PERSONNEL, NAVY

24 For pay, allowances, individual clothing, subsistence, 

25 interest on deposits, gratuities, permanent change of staVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 tion travel (including all expenses thereof for organiza2 tional movements), and expenses of temporary duty travel 

3 between permanent duty stations, for members of the 

4 Navy on active duty (except members of the Reserve pro5 vided for elsewhere), midshipmen, and aviation cadets; for 

6 members of the Reserve Officers’ Training Corps; and for 

7 payments pursuant to section 156 of Public Law 97–377, 

8 as amended (42 U.S.C. 402 note), and to the Department 

9 of Defense Military Retirement Fund, $26,902,346,000. 

10 MILITARY PERSONNEL, MARINE CORPS

11 For pay, allowances, individual clothing, subsistence, 

12 interest on deposits, gratuities, permanent change of sta13 tion travel (including all expenses thereof for organiza14 tional movements), and expenses of temporary duty travel 

15 between permanent duty stations, for members of the Ma16 rine Corps on active duty (except members of the Reserve 

17 provided for elsewhere); and for payments pursuant to sec18 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

19 402 note), and to the Department of Defense Military Re20 tirement Fund, $12,531,549,000. 

21 MILITARY PERSONNEL, AIR FORCE

22 For pay, allowances, individual clothing, subsistence, 

23 interest on deposits, gratuities, permanent change of sta24 tion travel (including all expenses thereof for organiza25 tional movements), and expenses of temporary duty travel 


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1 between permanent duty stations, for members of the Air 

2 Force on active duty (except members of reserve compo3 nents provided for elsewhere), cadets, and aviation cadets; 

4 for members of the Reserve Officers’ Training Corps; and 

5 for payments pursuant to section 156 of Public Law 97– 

6 377, as amended (42 U.S.C. 402 note), and to the Depart7 ment of Defense Military Retirement Fund, 

8 $28,052,826,000. 

9 RESERVE PERSONNEL, ARMY

10 For pay, allowances, clothing, subsistence, gratuities, 

11 travel, and related expenses for personnel of the Army Re12 serve on active duty under sections 10211, 10302, and 

13 3038 of title 10, United States Code, or while serving on 

14 active duty under section 12301(d) of title 10, United 

15 States Code, in connection with performing duty specified 

16 in section 12310(a) of title 10, United States Code, or 

17 while undergoing reserve training, or while performing 

18 drills or equivalent duty or other duty, and expenses au19 thorized by section 16131 of title 10, United States Code; 

20 and for payments to the Department of Defense Military 

21 Retirement Fund, $4,456,823,000. 

22 RESERVE PERSONNEL, NAVY

23 For pay, allowances, clothing, subsistence, gratuities, 

24 travel, and related expenses for personnel of the Navy Re25 serve on active duty under section 10211 of title 10, 


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1 United States Code, or while serving on active duty under 

2 section 12301(d) of title 10, United States Code, in con3 nection with performing duty specified in section 12310(a) 

4 of title 10, United States Code, or while undergoing re5 serve training, or while performing drills or equivalent 

6 duty, and expenses authorized by section 16131 of title 

7 10, United States Code; and for payments to the Depart8 ment of Defense Military Retirement Fund, 

9 $1,874,023,000. 

10 RESERVE PERSONNEL, MARINE CORPS

11 For pay, allowances, clothing, subsistence, gratuities, 

12 travel, and related expenses for personnel of the Marine 

13 Corps Reserve on active duty under section 10211 of title 

14 10, United States Code, or while serving on active duty 

15 under section 12301(d) of title 10, United States Code, 

16 in connection with performing duty specified in section 

17 12310(a) of title 10, United States Code, or while under18 going reserve training, or while performing drills or equiv19 alent duty, and for members of the Marine Corps platoon 

20 leaders class, and expenses authorized by section 16131 

21 of title 10, United States Code; and for payments to the 

22 Department of Defense Military Retirement Fund, 

23 $658,251,000. 


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1 RESERVE PERSONNEL, AIR FORCE

2 For pay, allowances, clothing, subsistence, gratuities, 

3 travel, and related expenses for personnel of the Air Force 

4 Reserve on active duty under sections 10211, 10305, and 

5 8038 of title 10, United States Code, or while serving on 

6 active duty under section 12301(d) of title 10, United 

7 States Code, in connection with performing duty specified 

8 in section 12310(a) of title 10, United States Code, or 

9 while undergoing reserve training, or while performing 

10 drills or equivalent duty or other duty, and expenses au11 thorized by section 16131 of title 10, United States Code; 

12 and for payments to the Department of Defense Military 

13 Retirement Fund, $1,722,425,000. 

14 NATIONAL GUARD PERSONNEL, ARMY

15 For pay, allowances, clothing, subsistence, gratuities, 

16 travel, and related expenses for personnel of the Army Na17 tional Guard while on duty under section 10211, 10302, 

18 or 12402 of title 10 or section 708 of title 32, United 

19 States Code, or while serving on duty under section 

20 12301(d) of title 10 or section 502(f) of title 32, United 

21 States Code, in connection with performing duty specified 

22 in section 12310(a) of title 10, United States Code, or 

23 while undergoing training, or while performing drills or 

24 equivalent duty or other duty, and expenses authorized by 

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1 ments to the Department of Defense Military Retirement 

2 Fund, $7,981,577,000. 

3 NATIONAL GUARD PERSONNEL, AIR FORCE

4 For pay, allowances, clothing, subsistence, gratuities, 

5 travel, and related expenses for personnel of the Air Na6 tional Guard on duty under section 10211, 10305, or 

7 12402 of title 10 or section 708 of title 32, United States 

8 Code, or while serving on duty under section 12301(d) of 

9 title 10 or section 502(f) of title 32, United States Code, 

10 in connection with performing duty specified in section 

11 12310(a) of title 10, United States Code, or while under12 going training, or while performing drills or equivalent 

13 duty or other duty, and expenses authorized by section 

14 16131 of title 10, United States Code; and for payments 

15 to the Department of Defense Military Retirement Fund, 

16 $3,153,990,000. 

17 TITLE II 

18 OPERATION AND MAINTENANCE 

19 OPERATION AND MAINTENANCE, ARMY

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance of the Army, as author22 ized by law; and not to exceed $12,478,000 can be used 

23 for emergencies and extraordinary expenses, to be ex24 pended on the approval or authority of the Secretary of 

25 the Army, and payments may be made on his certificate 


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1 of necessity for confidential military purposes, 

2 $35,409,260,000. 

3 OPERATION AND MAINTENANCE, NAVY

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance of the Navy and the 

6 Marine Corps, as authorized by law; and not to exceed 

7 $14,804,000 can be used for emergencies and extraor8 dinary expenses, to be expended on the approval or author9 ity of the Secretary of the Navy, and payments may be 

10 made on his certificate of necessity for confidential mili11 tary purposes, $41,614,453,000. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Marine Corps, 

15 as authorized by law, $6,034,963,000. 

16 OPERATION AND MAINTENANCE, AIR FORCE

17 For expenses, not otherwise provided for, necessary 

18 for the operation and maintenance of the Air Force, as 

19 authorized by law; and not to exceed $7,699,000 can be 

20 used for emergencies and extraordinary expenses, to be ex21 pended on the approval or authority of the Secretary of 

22 the Air Force, and payments may be made on his certifi23 cate of necessity for confidential military purposes, 

24 $34,780,406,000. 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary 

4 for the operation and maintenance of activities and agen5 cies of the Department of Defense (other than the military 

6 departments), as authorized by law, $31,862,980,000: 

7 Provided, That not more than $30,000,000 may be used 

8 for the Combatant Commander Initiative Fund authorized 

9 under section 166a of title 10, United States Code: Pro10 vided further, That not to exceed $36,000,000 can be used 

11 for emergencies and extraordinary expenses, to be ex12 pended on the approval or authority of the Secretary of 

13 Defense, and payments may be made on his certificate of 

14 necessity for confidential military purposes: Provided fur15 ther, That of the funds provided under this heading, not 

16 less than $36,480,000 shall be made available for the Pro17 curement Technical Assistance Cooperative Agreement 

18 Program, of which not less than $3,600,000 shall be avail19 able for centers defined in 10 U.S.C. 2411(1)(D): Pro20 vided further, That none of the funds appropriated or oth21 erwise made available by this Act may be used to plan 

22 or implement the consolidation of a budget or appropria23 tions liaison office of the Office of the Secretary of De24 fense, the office of the Secretary of a military department, 

25 or the service headquarters of one of the Armed Forces 


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1 into a legislative affairs or legislative liaison office: Pro2 vided further, That $8,563,000, to remain available until 

3 expended, is available only for expenses relating to certain 

4 classified activities, and may be transferred as necessary 

5 by the Secretary of Defense to operation and maintenance 

6 appropriations or research, development, test and evalua7 tion appropriations, to be merged with and to be available 

8 for the same time period as the appropriations to which 

9 transferred: Provided further, That any ceiling on the in10 vestment item unit cost of items that may be purchased 

11 with operation and maintenance funds shall not apply to 

12 the funds described in the preceding proviso: Provided fur13 ther, That the transfer authority provided under this head14 ing is in addition to any other transfer authority provided 

15 elsewhere in this Act. 

16 OPERATION AND MAINTENANCE, ARMY RESERVE

17 For expenses, not otherwise provided for, necessary 

18 for the operation and maintenance, including training, or19 ganization, and administration, of the Army Reserve; re20 pair of facilities and equipment; hire of passenger motor 

21 vehicles; travel and transportation; care of the dead; re22 cruiting; procurement of services, supplies, and equip23 ment; and communications, $3,182,923,000. 


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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Navy Reserve; re5 pair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $1,256,347,000. 

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Marine Corps Re14 serve; repair of facilities and equipment; hire of passenger 

15 motor vehicles; travel and transportation; care of the dead; 

16 recruiting; procurement of services, supplies, and equip17 ment; and communications, $277,377,000. 

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Air Force Reserve; 

22 repair of facilities and equipment; hire of passenger motor 

23 vehicles; travel and transportation; care of the dead; re24 cruiting; procurement of services, supplies, and equip25 ment; and communications, $3,261,324,000. 


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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For expenses of training, organizing, and admin4 istering the Army National Guard, including medical and 

5 hospital treatment and related expenses in non-Federal 

6 hospitals; maintenance, operation, and repairs to struc7 tures and facilities; hire of passenger motor vehicles; per8 sonnel services in the National Guard Bureau; travel ex9 penses (other than mileage), as authorized by law for 

10 Army personnel on active duty, for Army National Guard 

11 division, regimental, and battalion commanders while in12 specting units in compliance with National Guard Bureau 

13 regulations when specifically authorized by the Chief, Na14 tional Guard Bureau; supplying and equipping the Army 

15 National Guard as authorized by law; and expenses of re16 pair, modification, maintenance, and issue of supplies and 

17 equipment (including aircraft), $7,154,161,000. 

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For expenses of training, organizing, and admin20 istering the Air National Guard, including medical and 

21 hospital treatment and related expenses in non-Federal 

22 hospitals; maintenance, operation, and repairs to struc23 tures and facilities; transportation of things, hire of pas24 senger motor vehicles; supplying and equipping the Air 

25 National Guard, as authorized by law; expenses for repair, 


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1 modification, maintenance, and issue of supplies and 

2 equipment, including those furnished from stocks under 

3 the control of agencies of the Department of Defense; 

4 travel expenses (other than mileage) on the same basis as 

5 authorized by law for Air National Guard personnel on 

6 active Federal duty, for Air National Guard commanders 

7 while inspecting units in compliance with National Guard 

8 Bureau regulations when specifically authorized by the 

9 Chief, National Guard Bureau, $6,494,326,000. 

10 UNITED STATES COURT OF APPEALS FOR THE ARMED

11 FORCES

12 For salaries and expenses necessary for the United 

13 States Court of Appeals for the Armed Forces, 

14 $13,516,000, of which not to exceed $5,000 may be used 

15 for official representation purposes. 

16 ENVIRONMENTAL RESTORATION, ARMY

17 (INCLUDING TRANSFER OF FUNDS)

18 For the Department of the Army, $335,921,000, to 

19 remain available until transferred: Provided, That the Sec20 retary of the Army shall, upon determining that such 

21 funds are required for environmental restoration, reduc22 tion and recycling of hazardous waste, removal of unsafe 

23 buildings and debris of the Department of the Army, or 

24 for similar purposes, transfer the funds made available by 

25 this appropriation to other appropriations made available 


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1 to the Department of the Army, to be merged with and 

2 to be available for the same purposes and for the same 

3 time period as the appropriations to which transferred: 

4 Provided further, That upon a determination that all or 

5 part of the funds transferred from this appropriation are 

6 not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation: 

8 Provided further, That the transfer authority provided 

9 under this heading is in addition to any other transfer au10 thority provided elsewhere in this Act. 

11 ENVIRONMENTAL RESTORATION, NAVY

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of the Navy, $310,594,000, to 

14 remain available until transferred: Provided, That the Sec15 retary of the Navy shall, upon determining that such 

16 funds are required for environmental restoration, reduc17 tion and recycling of hazardous waste, removal of unsafe 

18 buildings and debris of the Department of the Navy, or 

19 for similar purposes, transfer the funds made available by 

20 this appropriation to other appropriations made available 

21 to the Department of the Navy, to be merged with and 

22 to be available for the same purposes and for the same 

23 time period as the appropriations to which transferred: 

24 Provided further, That upon a determination that all or 

25 part of the funds transferred from this appropriation are 


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1 not necessary for the purposes provided herein, such 

2 amounts may be transferred back to this appropriation: 

3 Provided further, That the transfer authority provided 

4 under this heading is in addition to any other transfer au5 thority provided elsewhere in this Act. 

6 ENVIRONMENTAL RESTORATION, AIR FORCE

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Air Force, $529,263,000, 

9 to remain available until transferred: Provided, That the 

10 Secretary of the Air Force shall, upon determining that 

11 such funds are required for environmental restoration, re12 duction and recycling of hazardous waste, removal of un13 safe buildings and debris of the Department of the Air 

14 Force, or for similar purposes, transfer the funds made 

15 available by this appropriation to other appropriations 

16 made available to the Department of the Air Force, to be 

17 merged with and to be available for the same purposes 

18 and for the same time period as the appropriations to 

19 which transferred: Provided further, That upon a deter20 mination that all or part of the funds transferred from 

21 this appropriation are not necessary for the purposes pro22 vided herein, such amounts may be transferred back to 

23 this appropriation: Provided further, That the transfer au24 thority provided under this heading is in addition to any 

25 other transfer authority provided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of Defense, $11,133,000, to re4 main available until transferred: Provided, That the Sec5 retary of Defense shall, upon determining that such funds 

6 are required for environmental restoration, reduction and 

7 recycling of hazardous waste, removal of unsafe buildings 

8 and debris of the Department of Defense or for similar 

9 purposes, transfer the funds made available by this appro10 priation to other appropriations made available to the De11 partment of Defense, to be merged with and to be avail12 able for the same purposes and for the same time period 

13 as the appropriations to which transferred: Provided fur14 ther, That upon a determination that all or part of the 

15 funds transferred from this appropriation are not nec16 essary for the purposes provided herein, such amounts 

17 may be transferred back to this appropriation: Provided 

18 further, That the transfer authority provided under this 

19 heading is in addition to any other transfer authority pro20 vided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, FORMERLY USED

22 DEFENSE SITES

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Department of the Army, $287,543,000, to 

25 remain available until transferred: Provided, That the SecVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 retary of the Army shall, upon determining that such 

2 funds are required for environmental restoration, reduc3 tion and recycling of hazardous waste, removal of unsafe 

4 buildings and debris at sites formerly used by the Depart5 ment of Defense, transfer the funds made available by this 

6 appropriation to other appropriations made available to 

7 the Department of the Army, to be merged with and to 

8 be available for the same purposes and for the same time 

9 period as the appropriations to which transferred: Pro10 vided further, That upon a determination that all or part 

11 of the funds transferred from this appropriation are not 

12 necessary for the purposes provided herein, such amounts 

13 may be transferred back to this appropriation: Provided 

14 further, That the transfer authority provided under this 

15 heading is in addition to any other transfer authority pro16 vided elsewhere in this Act. 

17 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

18 For expenses relating to the Overseas Humanitarian, 

19 Disaster, and Civic Aid programs of the Department of 

20 Defense (consisting of the programs provided under sec21 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

22 United States Code), $108,759,000, to remain available 

23 until September 30, 2014. 


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1 COOPERATIVE THREAT REDUCTION ACCOUNT

2 For assistance to the republics of the former Soviet 

3 Union and, with appropriate authorization by the Depart4 ment of Defense and Department of State, to countries 

5 outside of the former Soviet Union, including assistance 

6 provided by contract or by grants, for facilitating the 

7 elimination and the safe and secure transportation and 

8 storage of nuclear, chemical and other weapons; for estab9 lishing programs to prevent the proliferation of weapons, 

10 weapons components, and weapon-related technology and 

11 expertise; for programs relating to the training and sup12 port of defense and military personnel for demilitarization 

13 and protection of weapons, weapons components and 

14 weapons technology and expertise, and for defense and 

15 military contacts, $519,111,000, to remain available until 

16 September 30, 2015. 

17 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

18 DEVELOPMENT FUND

19 For the Department of Defense Acquisition Work20 force Development Fund, $50,198,000. 

21 TITLE III 

22 PROCUREMENT 

23 AIRCRAFT PROCUREMENT, ARMY

24 For construction, procurement, production, modifica25 tion, and modernization of aircraft, equipment, including 


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1 ordnance, ground handling equipment, spare parts, and 

2 accessories therefor; specialized equipment and training 

3 devices; expansion of public and private plants, including 

4 the land necessary therefor, for the foregoing purposes, 

5 and such lands and interests therein, may be acquired, 

6 and construction prosecuted thereon prior to approval of 

7 title; and procurement and installation of equipment, ap8 pliances, and machine tools in public and private plants; 

9 reserve plant and Government and contractor-owned 

10 equipment layaway; and other expenses necessary for the 

11 foregoing purposes, $6,028,754,000, to remain available 

12 for obligation until September 30, 2015. 

13 MISSILE PROCUREMENT, ARMY

14 For construction, procurement, production, modifica15 tion, and modernization of missiles, equipment, including 

16 ordnance, ground handling equipment, spare parts, and 

17 accessories therefor; specialized equipment and training 

18 devices; expansion of public and private plants, including 

19 the land necessary therefor, for the foregoing purposes, 

20 and such lands and interests therein, may be acquired, 

21 and construction prosecuted thereon prior to approval of 

22 title; and procurement and installation of equipment, ap23 pliances, and machine tools in public and private plants; 

24 reserve plant and Government and contractor-owned 

25 equipment layaway; and other expenses necessary for the 


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1 foregoing purposes, $1,535,433,000, to remain available 

2 for obligation until September 30, 2015. 

3 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

4 VEHICLES, ARMY

5 For construction, procurement, production, and 

6 modification of weapons and tracked combat vehicles, 

7 equipment, including ordnance, spare parts, and acces8 sories therefor; specialized equipment and training devices; 

9 expansion of public and private plants, including the land 

10 necessary therefor, for the foregoing purposes, and such 

11 lands and interests therein, may be acquired, and con12 struction prosecuted thereon prior to approval of title; and 

13 procurement and installation of equipment, appliances, 

14 and machine tools in public and private plants; reserve 

15 plant and Government and contractor-owned equipment 

16 layaway; and other expenses necessary for the foregoing 

17 purposes, $1,857,823,000, to remain available for obliga18 tion until September 30, 2015. 

19 PROCUREMENT OF AMMUNITION, ARMY

20 For construction, procurement, production, and 

21 modification of ammunition, and accessories therefor; spe22 cialized equipment and training devices; expansion of pub23 lic and private plants, including ammunition facilities, au24 thorized by section 2854 of title 10, United States Code, 

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1 poses, and such lands and interests therein, may be ac2 quired, and construction prosecuted thereon prior to ap3 proval of title; and procurement and installation of equip4 ment, appliances, and machine tools in public and private 

5 plants; reserve plant and Government and contractor6 owned equipment layaway; and other expenses necessary 

7 for the foregoing purposes, $1,641,306,000, to remain 

8 available for obligation until September 30, 2015. 

9 OTHER PROCUREMENT, ARMY

10 For construction, procurement, production, and 

11 modification of vehicles, including tactical, support, and 

12 non-tracked combat vehicles; the purchase of passenger 

13 motor vehicles for replacement only; communications and 

14 electronic equipment; other support equipment; spare 

15 parts, ordnance, and accessories therefor; specialized 

16 equipment and training devices; expansion of public and 

17 private plants, including the land necessary therefor, for 

18 the foregoing purposes, and such lands and interests 

19 therein, may be acquired, and construction prosecuted 

20 thereon prior to approval of title; and procurement and 

21 installation of equipment, appliances, and machine tools 

22 in public and private plants; reserve plant and Govern23 ment and contractor-owned equipment layaway; and other 

24 expenses necessary for the foregoing purposes, 


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1 $5,741,664,000, to remain available for obligation until 

2 September 30, 2015. 

3 AIRCRAFT PROCUREMENT, NAVY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, spare parts, and accessories therefor; specialized 

7 equipment; expansion of public and private plants, includ8 ing the land necessary therefor, and such lands and inter9 ests therein, may be acquired, and construction prosecuted 

10 thereon prior to approval of title; and procurement and 

11 installation of equipment, appliances, and machine tools 

12 in public and private plants; reserve plant and Govern13 ment and contractor-owned equipment layaway, 

14 $17,382,152,000, to remain available for obligation until 

15 September 30, 2015. 

16 WEAPONS PROCUREMENT, NAVY

17 For construction, procurement, production, modifica18 tion, and modernization of missiles, torpedoes, other weap19 ons, and related support equipment including spare parts, 

20 and accessories therefor; expansion of public and private 

21 plants, including the land necessary therefor, and such 

22 lands and interests therein, may be acquired, and con23 struction prosecuted thereon prior to approval of title; and 

24 procurement and installation of equipment, appliances, 

25 and machine tools in public and private plants; reserve 


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1 plant and Government and contractor-owned equipment 

2 layaway, $3,036,871,000, to remain available for obliga3 tion until September 30, 2015. 

4 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

5 CORPS

6 For construction, procurement, production, and 

7 modification of ammunition, and accessories therefor; spe8 cialized equipment and training devices; expansion of pub9 lic and private plants, including ammunition facilities, au10 thorized by section 2854 of title 10, United States Code, 

11 and the land necessary therefor, for the foregoing pur12 poses, and such lands and interests therein, may be ac13 quired, and construction prosecuted thereon prior to ap14 proval of title; and procurement and installation of equip15 ment, appliances, and machine tools in public and private 

16 plants; reserve plant and Government and contractor17 owned equipment layaway; and other expenses necessary 

18 for the foregoing purposes, $659,897,000, to remain avail19 able for obligation until September 30, 2015. 

20 SHIPBUILDING AND CONVERSION, NAVY

21 For expenses necessary for the construction, acquisi22 tion, or conversion of vessels as authorized by law, includ23 ing armor and armament thereof, plant equipment, appli24 ances, and machine tools and installation thereof in public 

25 and private plants; reserve plant and Government and conVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 tractor-owned equipment layaway; procurement of critical, 

2 long lead time components and designs for vessels to be 

3 constructed or converted in the future; and expansion of 

4 public and private plants, including land necessary there5 for, and such lands and interests therein, may be acquired, 

6 and construction prosecuted thereon prior to approval of 

7 title, as follows: 

8 Carrier Replacement Program, $565,371,000; 

9 Virginia Class Submarine, $3,217,601,000; 

10 Virginia Class Submarine (AP), 

11 $1,652,557,000; 

12 CVN Refuelings, $1,613,392,000; 

13 CVN Refuelings (AP), $70,010,000; 

14 DDG–1000 Program, $669,222,000; 

15 DDG–51 Destroyer, $4,036,628,000; 

16 DDG–51 Destroyer (AP), $466,283,000; 

17 Littoral Combat Ship, $1,784,959,000; 

18 LPD–17 (AP), $263,255,000; 

19 Joint High Speed Vessel, $189,196,000; 

20 Moored Training Ship, $307,300,000; 

21 LCAC Service Life Extension Program, 

22 $85,830,000; and 

23 For outfitting, post delivery, conversions, and 

24 first destination transportation, $290,035,000. 


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1 Completion of Prior Year Shipbuilding Pro2 grams, $372,573,000. 

3 In all: $15,584,212,000, to remain available for obli4 gation until September 30, 2017: Provided, That addi5 tional obligations may be incurred after September 30, 

6 2017, for engineering services, tests, evaluations, and 

7 other such budgeted work that must be performed in the 

8 final stage of ship construction: Provided further, That 

9 none of the funds provided under this heading for the con10 struction or conversion of any naval vessel to be con11 structed in shipyards in the United States shall be ex12 pended in foreign facilities for the construction of major 

13 components of such vessel: Provided further, That none 

14 of the funds provided under this heading shall be used 

15 for the construction of any naval vessel in foreign ship16 yards. 

17 OTHER PROCUREMENT, NAVY

18 For procurement, production, and modernization of 

19 support equipment and materials not otherwise provided 

20 for, Navy ordnance (except ordnance for new aircraft, new 

21 ships, and ships authorized for conversion); the purchase 

22 of passenger motor vehicles for replacement only; expan23 sion of public and private plants, including the land nec24 essary therefor, and such lands and interests therein, may 

25 be acquired, and construction prosecuted thereon prior to 


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•HR 933 IH

1 approval of title; and procurement and installation of 

2 equipment, appliances, and machine tools in public and 

3 private plants; reserve plant and Government and con4 tractor-owned equipment layaway, $5,955,078,000, to re5 main available for obligation until September 30, 2015. 

6 PROCUREMENT, MARINE CORPS

7 For expenses necessary for the procurement, manu8 facture, and modification of missiles, armament, military 

9 equipment, spare parts, and accessories therefor; plant 

10 equipment, appliances, and machine tools, and installation 

11 thereof in public and private plants; reserve plant and 

12 Government and contractor-owned equipment layaway; ve13 hicles for the Marine Corps, including the purchase of pas14 senger motor vehicles for replacement only; and expansion 

15 of public and private plants, including land necessary 

16 therefor, and such lands and interests therein, may be ac17 quired, and construction prosecuted thereon prior to ap18 proval of title, $1,411,411,000, to remain available for ob19 ligation until September 30, 2015. 

20 AIRCRAFT PROCUREMENT, AIR FORCE

21 For construction, procurement, and modification of 

22 aircraft and equipment, including armor and armament, 

23 specialized ground handling equipment, and training de24 vices, spare parts, and accessories therefor; specialized 

25 equipment; expansion of public and private plants, GovVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 ernment-owned equipment and installation thereof in such 

2 plants, erection of structures, and acquisition of land, for 

3 the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

5 thereon prior to approval of title; reserve plant and Gov6 ernment and contractor-owned equipment layaway; and 

7 other expenses necessary for the foregoing purposes in8 cluding rents and transportation of things, 

9 $11,774,019,000, to remain available for obligation until 

10 September 30, 2015. 

11 MISSILE PROCUREMENT, AIR FORCE

12 For construction, procurement, and modification of 

13 missiles, spacecraft, rockets, and related equipment, in14 cluding spare parts and accessories therefor, ground han15 dling equipment, and training devices; expansion of public 

16 and private plants, Government-owned equipment and in17 stallation thereof in such plants, erection of structures, 

18 and acquisition of land, for the foregoing purposes, and 

19 such lands and interests therein, may be acquired, and 

20 construction prosecuted thereon prior to approval of title; 

21 reserve plant and Government and contractor-owned 

22 equipment layaway; and other expenses necessary for the 

23 foregoing purposes including rents and transportation of 

24 things, $4,962,376,000, to remain available for obligation 

25 until September 30, 2015. 


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1 PROCUREMENT OF AMMUNITION, AIR FORCE

2 For construction, procurement, production, and 

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 

14 for the foregoing purposes, $594,694,000, to remain avail15 able for obligation until September 30, 2015. 

16 OTHER PROCUREMENT, AIR FORCE

17 For procurement and modification of equipment (in18 cluding ground guidance and electronic control equipment, 

19 and ground electronic and communication equipment), 

20 and supplies, materials, and spare parts therefor, not oth21 erwise provided for; the purchase of passenger motor vehi22 cles for replacement only; lease of passenger motor vehi23 cles; and expansion of public and private plants, Govern24 ment-owned equipment and installation thereof in such 

25 plants, erection of structures, and acquisition of land, for 


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•HR 933 IH

1 the foregoing purposes, and such lands and interests 

2 therein, may be acquired, and construction prosecuted 

3 thereon, prior to approval of title; reserve plant and Gov4 ernment and contractor-owned equipment layaway, 

5 $17,082,508,000, to remain available for obligation until 

6 September 30, 2015. 

7 PROCUREMENT, DEFENSE-WIDE

8 For expenses of activities and agencies of the Depart9 ment of Defense (other than the military departments) 

10 necessary for procurement, production, and modification 

11 of equipment, supplies, materials, and spare parts there12 for, not otherwise provided for; the purchase of passenger 

13 motor vehicles for replacement only; expansion of public 

14 and private plants, equipment, and installation thereof in 

15 such plants, erection of structures, and acquisition of land 

16 for the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

18 thereon prior to approval of title; reserve plant and Gov19 ernment and contractor-owned equipment layaway, 

20 $4,878,985,000, to remain available for obligation until 

21 September 30, 2015. 

22 DEFENSE PRODUCTION ACT PURCHASES

23 For activities by the Department of Defense pursuant 

24 to sections 108, 301, 302, and 303 of the Defense ProducVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

2 2093), $223,531,000, to remain available until expended. 

3 TITLE IV 

4 RESEARCH, DEVELOPMENT, TEST AND 

5 EVALUATION 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 ARMY

8 For expenses necessary for basic and applied sci9 entific research, development, test and evaluation, includ10 ing maintenance, rehabilitation, lease, and operation of fa11 cilities and equipment, $8,676,627,000, to remain avail12 able for obligation until September 30, 2014. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 NAVY

15 For expenses necessary for basic and applied sci16 entific research, development, test and evaluation, includ17 ing maintenance, rehabilitation, lease, and operation of fa18 cilities and equipment, $16,963,398,000, to remain avail19 able for obligation until September 30, 2014: Provided, 

20 That funds appropriated in this paragraph which are 

21 available for the V–22 may be used to meet unique oper22 ational requirements of the Special Operations Forces: 

23 Provided further, That funds appropriated in this para24 graph shall be available for the Cobra Judy program. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $25,432,738,000, to remain avail7 able for obligation until September 30, 2014. 

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 DEFENSE-WIDE

10 (INCLUDING TRANSFER OF FUNDS)

11 For expenses of activities and agencies of the Depart12 ment of Defense (other than the military departments), 

13 necessary for basic and applied scientific research, devel14 opment, test and evaluation; advanced research projects 

15 as may be designated and determined by the Secretary 

16 of Defense, pursuant to law; maintenance, rehabilitation, 

17 lease, and operation of facilities and equipment, 

18 $18,631,946,000, to remain available for obligation until 

19 September 30, 2014: Provided, That of the funds made 

20 available in this paragraph, $250,000,000 for the Defense 

21 Rapid Innovation Program shall only be available for ex22 penses, not otherwise provided for, to include program 

23 management and oversight, to conduct research, develop24 ment, test and evaluation to include proof of concept dem25 onstration; engineering, testing, and validation; and tranVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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•HR 933 IH

1 sition to full-scale production: Provided further, That the 

2 Secretary of Defense may transfer funds provided herein 

3 for the Defense Rapid Innovation Program to appropria4 tions for research, development, test and evaluation to ac5 complish the purpose provided herein: Provided further, 

6 That this transfer authority is in addition to any other 

7 transfer authority available to the Department of Defense: 

8 Provided further, That the Secretary of Defense shall, not 

9 fewer than 30 days prior to making transfers from this 

10 appropriation, notify the congressional defense committees 

11 in writing of the details of any such transfer. 

12 OPERATIONAL TEST AND EVALUATION, DEFENSE

13 For expenses, not otherwise provided for, necessary 

14 for the independent activities of the Director, Operational 

15 Test and Evaluation, in the direction and supervision of 

16 operational test and evaluation, including initial oper17 ational test and evaluation which is conducted prior to, 

18 and in support of, production decisions; joint operational 

19 testing and evaluation; and administrative expenses in 

20 connection therewith, $223,768,000, to remain available 

21 for obligation until September 30, 2014. 


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1 TITLE V 

2 REVOLVING AND MANAGEMENT FUNDS 

3 DEFENSE WORKING CAPITAL FUNDS

4 For the Defense Working Capital Funds, 

5 $1,516,184,000. 

6 NATIONAL DEFENSE SEALIFT FUND

7 For National Defense Sealift Fund programs, 

8 projects, and activities, and for expenses of the National 

9 Defense Reserve Fleet, as established by section 11 of the 

10 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 

11 and for the necessary expenses to maintain and preserve 

12 a U.S.-flag merchant fleet to serve the national security 

13 needs of the United States, $697,840,000, to remain avail14 able until expended: Provided, That none of the funds pro15 vided in this paragraph shall be used to award a new con16 tract that provides for the acquisition of any of the fol17 lowing major components unless such components are 

18 manufactured in the United States: auxiliary equipment, 

19 including pumps, for all shipboard services; propulsion 

20 system components (engines, reduction gears, and propel21 lers); shipboard cranes; and spreaders for shipboard 

22 cranes: Provided further, That the exercise of an option 

23 in a contract awarded through the obligation of previously 

24 appropriated funds shall not be considered to be the award 

25 of a new contract: Provided further, That the Secretary 


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•HR 933 IH

1 of the military department responsible for such procure2 ment may waive the restrictions in the first proviso on 

3 a case-by-case basis by certifying in writing to the Com4 mittees on Appropriations of the House of Representatives 

5 and the Senate that adequate domestic supplies are not 

6 available to meet Department of Defense requirements on 

7 a timely basis and that such an acquisition must be made 

8 in order to acquire capability for national security pur9 poses. 

10 TITLE VI 

11 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

12 DEFENSE HEALTH PROGRAM

13 For expenses, not otherwise provided for, for medical 

14 and health care programs of the Department of Defense 

15 as authorized by law, $32,715,304,000; of which 

16 $30,885,165,000 shall be for operation and maintenance, 

17 of which not to exceed one percent shall remain available 

18 until September 30, 2014, and of which up to 

19 $15,934,952,000 may be available for contracts entered 

20 into under the TRICARE program; of which 

21 $521,762,000, to remain available for obligation until Sep22 tember 30, 2015, shall be for procurement; and of which 

23 $1,308,377,000, to remain available for obligation until 

24 September 30, 2014, shall be for research, development, 

25 test and evaluation: Provided, That, notwithstanding any 


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•HR 933 IH

1 other provision of law, of the amount made available under 

2 this heading for research, development, test and evalua3 tion, not less than $8,000,000 shall be available for HIV 

4 prevention educational activities undertaken in connection 

5 with United States military training, exercises, and hu6 manitarian assistance activities conducted primarily in Af7 rican nations: Provided further, That of the funds provided 

8 to develop a joint Department of Defense—Department 

9 of Veterans Affairs (DOD–VA) integrated Electronic 

10 Health Record, not more than 25 percent may be obli11 gated until the DOD–VA Interagency Program Office sub12 mits to the Committees on Appropriations of both Houses 

13 of Congress, and such Committees approve, a plan for ex14 penditure that: (1) defines the budget and cost baseline 

15 for development of the integrated Electronic Health 

16 Record; (2) identifies the deployment timeline for the sys17 tem for both agencies; (3) breaks out annual and total 

18 spending for each Department; (4) relays detailed cost19 sharing business rules; (5) establishes data standardiza20 tion schedules between the Departments; (6) has been sub21 mitted to the Government Accountability Office for review; 

22 and (7) complies with the acquisition rules, requirements, 

23 guidelines, and systems acquisition management practices 

24 of the Federal Government. 


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1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

2 DEFENSE

3 For expenses, not otherwise provided for, necessary 

4 for the destruction of the United States stockpile of lethal 

5 chemical agents and munitions in accordance with the pro6 visions of section 1412 of the Department of Defense Au7 thorization Act, 1986 (50 U.S.C. 1521), and for the de8 struction of other chemical warfare materials that are not 

9 in the chemical weapon stockpile, $1,301,786,000, of 

10 which $635,843,000 shall be for operation and mainte11 nance, of which no less than $53,948,000 shall be for the 

12 Chemical Stockpile Emergency Preparedness Program, 

13 consisting of $22,214,000 for activities on military instal14 lations and $31,734,000, to remain available until Sep15 tember 30, 2014, to assist State and local governments; 

16 $18,592,000 shall be for procurement, to remain available 

17 until September 30, 2015, of which $1,823,000 shall be 

18 for the Chemical Stockpile Emergency Preparedness Pro19 gram to assist State and local governments; and 

20 $647,351,000, to remain available until September 30, 

21 2014, shall be for research, development, test and evalua22 tion, of which $627,705,000 shall only be for the Assem23 bled Chemical Weapons Alternatives (ACWA) program. 


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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of 

5 the Department of Defense, for transfer to appropriations 

6 available to the Department of Defense for military per7 sonnel of the reserve components serving under the provi8 sions of title 10 and title 32, United States Code; for oper9 ation and maintenance; for procurement; and for research, 

10 development, test and evaluation, $1,159,263,000: Pro11 vided, That the funds appropriated under this heading 

12 shall be available for obligation for the same time period 

13 and for the same purpose as the appropriation to which 

14 transferred: Provided further, That upon a determination 

15 that all or part of the funds transferred from this appro16 priation are not necessary for the purposes provided here17 in, such amounts may be transferred back to this appro18 priation: Provided further, That the transfer authority pro19 vided under this heading is in addition to any other trans20 fer authority contained elsewhere in this Act. 

21 OFFICE OF THE INSPECTOR GENERAL

22 For expenses and activities of the Office of the In23 spector General in carrying out the provisions of the In24 spector General Act of 1978, as amended, $350,321,000, 

25 of which $347,621,000 shall be for operation and mainteVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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•HR 933 IH

1 nance, of which not to exceed $700,000 is available for 

2 emergencies and extraordinary expenses to be expended on 

3 the approval or authority of the Inspector General, and 

4 payments may be made on the Inspector General’s certifi5 cate of necessity for confidential military purposes; and 

6 of which $2,700,000, to remain available until September 

7 30, 2015, shall be for procurement. 

8 TITLE VII 

9 RELATED AGENCIES 

10 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

11 DISABILITY SYSTEM FUND

12 For payment to the Central Intelligence Agency Re13 tirement and Disability System Fund, to maintain the 

14 proper funding level for continuing the operation of the 

15 Central Intelligence Agency Retirement and Disability 

16 System, $514,000,000. 

17 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

18 For necessary expenses of the Intelligence Commu19 nity Management Account, $534,421,000. 

20 TITLE VIII 

21 GENERAL PROVISIONS 

22 SEC. 8001. No part of any appropriation contained 

23 in this Act shall be used for publicity or propaganda pur24 poses not authorized by the Congress. 


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1 SEC. 8002. During the current fiscal year, provisions 

2 of law prohibiting the payment of compensation to, or em3 ployment of, any person not a citizen of the United States 

4 shall not apply to personnel of the Department of Defense: 

5 Provided, That salary increases granted to direct and indi6 rect hire foreign national employees of the Department of 

7 Defense funded by this Act shall not be at a rate in excess 

8 of the percentage increase authorized by law for civilian 

9 employees of the Department of Defense whose pay is 

10 computed under the provisions of section 5332 of title 5, 

11 United States Code, or at a rate in excess of the percent12 age increase provided by the appropriate host nation to 

13 its own employees, whichever is higher: Provided further, 

14 That this section shall not apply to Department of De15 fense foreign service national employees serving at United 

16 States diplomatic missions whose pay is set by the Depart17 ment of State under the Foreign Service Act of 1980: Pro18 vided further, That the limitations of this provision shall 

19 not apply to foreign national employees of the Department 

20 of Defense in the Republic of Turkey. 

21 SEC. 8003. No part of any appropriation contained 

22 in this Act shall remain available for obligation beyond 

23 the current fiscal year, unless expressly so provided herein. 

24 SEC. 8004. No more than 20 percent of the appro25 priations in this Act which are limited for obligation durVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 ing the current fiscal year shall be obligated during the 

2 last 2 months of the fiscal year: Provided, That this sec3 tion shall not apply to obligations for support of active 

4 duty training of reserve components or summer camp 

5 training of the Reserve Officers’ Training Corps. 

6 (TRANSFER OF FUNDS)

7 SEC. 8005. Upon determination by the Secretary of 

8 Defense that such action is necessary in the national inter9 est, he may, with the approval of the Office of Manage10 ment and Budget, transfer not to exceed $4,000,000,000 

11 of working capital funds of the Department of Defense 

12 or funds made available in this Act to the Department 

13 of Defense for military functions (except military con14 struction) between such appropriations or funds or any 

15 subdivision thereof, to be merged with and to be available 

16 for the same purposes, and for the same time period, as 

17 the appropriation or fund to which transferred: Provided, 

18 That such authority to transfer may not be used unless 

19 for higher priority items, based on unforeseen military re20 quirements, than those for which originally appropriated 

21 and in no case where the item for which funds are re22 quested has been denied by the Congress: Provided further, 

23 That the Secretary of Defense shall notify the Congress 

24 promptly of all transfers made pursuant to this authority 

25 or any other authority in this Act: Provided further, That 


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1 no part of the funds in this Act shall be available to pre2 pare or present a request to the Committees on Appropria3 tions for reprogramming of funds, unless for higher pri4 ority items, based on unforeseen military requirements, 

5 than those for which originally appropriated and in no 

6 case where the item for which reprogramming is requested 

7 has been denied by the Congress: Provided further, That 

8 a request for multiple reprogrammings of funds using au9 thority provided in this section shall be made prior to June 

10 30, 2013: Provided further, That transfers among military 

11 personnel appropriations shall not be taken into account 

12 for purposes of the limitation on the amount of funds that 

13 may be transferred under this section. 

14 SEC. 8006. (a) With regard to the list of specific pro15 grams, projects, and activities (and the dollar amounts 

16 and adjustments to budget activities corresponding to 

17 such programs, projects, and activities) contained in the 

18 tables titled ‘‘Explanation of Project Level Adjustments’’ 

19 in the explanatory statement described in section 4 (in the 

20 matter preceding division A of this consolidated Act), the 

21 obligation and expenditure of amounts appropriated or 

22 otherwise made available in this Act for those programs, 

23 projects, and activities for which the amounts appro24 priated exceed the amounts requested are hereby required 

25 by law to be carried out in the manner provided by such 


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•HR 933 IH

1 tables to the same extent as if the tables were included 

2 in the text of this Act. 

3 (b) Amounts specified in the referenced tables de4 scribed in subsection (a) shall not be treated as subdivi5 sions of appropriations for purposes of section 8005 of this 

6 Act: Provided, That section 8005 shall apply when trans7 fers of the amounts described in subsection (a) occur be8 tween appropriation accounts. 

9 SEC. 8007. (a) Not later than 60 days after enact10 ment of this Act, the Department of Defense shall submit 

11 a report to the congressional defense committees to estab12 lish the baseline for application of reprogramming and 

13 transfer authorities for fiscal year 2013: Provided, That 

14 the report shall include— 

15 (1) a table for each appropriation with a sepa16 rate column to display the President’s budget re17 quest, adjustments made by Congress, adjustments 

18 due to enacted rescissions, if appropriate, and the 

19 fiscal year enacted level; 

20 (2) a delineation in the table for each appro21 priation both by budget activity and program, 

22 project, and activity as detailed in the Budget Ap23 pendix; and 

24 (3) an identification of items of special congres25 sional interest. 


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•HR 933 IH

1 (b) Notwithstanding section 8005 of this Act, none 

2 of the funds provided in this Act shall be available for 

3 reprogramming or transfer until the report identified in 

4 subsection (a) is submitted to the congressional defense 

5 committees, unless the Secretary of Defense certifies in 

6 writing to the congressional defense committees that such 

7 reprogramming or transfer is necessary as an emergency 

8 requirement. 

9 (TRANSFER OF FUNDS)

10 SEC. 8008. During the current fiscal year, cash bal11 ances in working capital funds of the Department of De12 fense established pursuant to section 2208 of title 10, 

13 United States Code, may be maintained in only such 

14 amounts as are necessary at any time for cash disburse15 ments to be made from such funds: Provided, That trans16 fers may be made between such funds: Provided further, 

17 That transfers may be made between working capital 

18 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

19 appropriation and the ‘‘Operation and Maintenance’’ ap20 propriation accounts in such amounts as may be deter21 mined by the Secretary of Defense, with the approval of 

22 the Office of Management and Budget, except that such 

23 transfers may not be made unless the Secretary of Defense 

24 has notified the Congress of the proposed transfer. Except 

25 in amounts equal to the amounts appropriated to working 


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•HR 933 IH

1 capital funds in this Act, no obligations may be made 

2 against a working capital fund to procure or increase the 

3 value of war reserve material inventory, unless the Sec4 retary of Defense has notified the Congress prior to any 

5 such obligation. 

6 SEC. 8009. Funds appropriated by this Act may not 

7 be used to initiate a special access program without prior 

8 notification 30 calendar days in advance to the congres9 sional defense committees. 

10 SEC. 8010. None of the funds provided in this Act 

11 shall be available to initiate: (1) a multiyear contract that 

12 employs economic order quantity procurement in excess of 

13 $20,000,000 in any one year of the contract or that in14 cludes an unfunded contingent liability in excess of 

15 $20,000,000; or (2) a contract for advance procurement 

16 leading to a multiyear contract that employs economic 

17 order quantity procurement in excess of $20,000,000 in 

18 any one year, unless the congressional defense committees 

19 have been notified at least 30 days in advance of the pro20 posed contract award: Provided, That no part of any ap21 propriation contained in this Act shall be available to ini22 tiate a multiyear contract for which the economic order 

23 quantity advance procurement is not funded at least to 

24 the limits of the Government’s liability: Provided further, 

25 That no part of any appropriation contained in this Act 


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1 shall be available to initiate multiyear procurement con2 tracts for any systems or component thereof if the value 

3 of the multiyear contract would exceed $500,000,000 un4 less specifically provided in this Act: Provided further, 

5 That no multiyear procurement contract can be termi6 nated without 10-day prior notification to the congres7 sional defense committees: Provided further, That the exe8 cution of multiyear authority shall require the use of a 

9 present value analysis to determine lowest cost compared 

10 to an annual procurement: Provided further, That none of 

11 the funds provided in this Act may be used for a multiyear 

12 contract executed after the date of the enactment of this 

13 Act unless in the case of any such contract— 

14 (1) the Secretary of Defense has submitted to 

15 Congress a budget request for full funding of units 

16 to be procured through the contract and, in the case 

17 of a contract for procurement of aircraft, that in18 cludes, for any aircraft unit to be procured through 

19 the contract for which procurement funds are re20 quested in that budget request for production be21 yond advance procurement activities in the fiscal 

22 year covered by the budget, full funding of procure23 ment of such unit in that fiscal year; 

24 (2) cancellation provisions in the contract do 

25 not include consideration of recurring manufacturing 


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1 costs of the contractor associated with the produc2 tion of unfunded units to be delivered under the con3 tract; 

4 (3) the contract provides that payments to the 

5 contractor under the contract shall not be made in 

6 advance of incurred costs on funded units; and 

7 (4) the contract does not provide for a price ad8 justment based on a failure to award a follow-on 

9 contract. 

10 Funds appropriated in title III of this Act may be 

11 used for a multiyear procurement contract as follows: 

12 F/A–18E, F/A–18F, and EA–18G aircraft; up to 10 

13 DDG–51 Arleigh Burke class Flight IIA guided missile 

14 destroyers, as well as the AEGIS Weapon Systems, MK 

15 41 Vertical Launching Systems, and Commercial 

16 Broadband Satellite Systems associated with those vessels; 

17 SSN–774 Virginia class submarine and government-fur18 nished equipment; CH–47 Chinook helicopter; and V–22 

19 Osprey aircraft variants. 

20 SEC. 8011. Within the funds appropriated for the op21 eration and maintenance of the Armed Forces, funds are 

22 hereby appropriated pursuant to section 401 of title 10, 

23 United States Code, for humanitarian and civic assistance 

24 costs under chapter 20 of title 10, United States Code. 

25 Such funds may also be obligated for humanitarian and 


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1 civic assistance costs incidental to authorized operations 

2 and pursuant to authority granted in section 401 of chap3 ter 20 of title 10, United States Code, and these obliga4 tions shall be reported as required by section 401(d) of 

5 title 10, United States Code: Provided, That funds avail6 able for operation and maintenance shall be available for 

7 providing humanitarian and similar assistance by using 

8 Civic Action Teams in the Trust Territories of the Pacific 

9 Islands and freely associated states of Micronesia, pursu10 ant to the Compact of Free Association as authorized by 

11 Public Law 99–239: Provided further, That upon a deter12 mination by the Secretary of the Army that such action 

13 is beneficial for graduate medical education programs con14 ducted at Army medical facilities located in Hawaii, the 

15 Secretary of the Army may authorize the provision of med16 ical services at such facilities and transportation to such 

17 facilities, on a nonreimbursable basis, for civilian patients 

18 from American Samoa, the Commonwealth of the North19 ern Mariana Islands, the Marshall Islands, the Federated 

20 States of Micronesia, Palau, and Guam. 

21 SEC. 8012. (a) During fiscal year 2013, the civilian 

22 personnel of the Department of Defense may not be man23 aged on the basis of any end-strength, and the manage24 ment of such personnel during that fiscal year shall not 

25 be subject to any constraint or limitation (known as an 


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1 end-strength) on the number of such personnel who may 

2 be employed on the last day of such fiscal year. 

3 (b) The fiscal year 2014 budget request for the De4 partment of Defense as well as all justification material 

5 and other documentation supporting the fiscal year 2014 

6 Department of Defense budget request shall be prepared 

7 and submitted to the Congress as if subsections (a) and 

8 (b) of this provision were effective with regard to fiscal 

9 year 2014. 

10 (c) Nothing in this section shall be construed to apply 

11 to military (civilian) technicians. 

12 SEC. 8013. None of the funds made available by this 

13 Act shall be used in any way, directly or indirectly, to in14 fluence congressional action on any legislation or appro15 priation matters pending before the Congress. 

16 SEC. 8014. None of the funds appropriated by this 

17 Act shall be available for the basic pay and allowances of 

18 any member of the Army participating as a full-time stu19 dent and receiving benefits paid by the Secretary of Vet20 erans Affairs from the Department of Defense Education 

21 Benefits Fund when time spent as a full-time student is 

22 credited toward completion of a service commitment: Pro23 vided, That this section shall not apply to those members 

24 who have reenlisted with this option prior to October 1, 


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1 1987: Provided further, That this section applies only to 

2 active components of the Army. 

3 (TRANSFER OF FUNDS)

4 SEC. 8015. Funds appropriated in title III of this Act 

5 for the Department of Defense Pilot Mentor-Prote ́ge ́ Pro6 gram may be transferred to any other appropriation con7 tained in this Act solely for the purpose of implementing 

8 a Mentor-Prote ́ge ́ Program developmental assistance 

9 agreement pursuant to section 831 of the National De10 fense Authorization Act for Fiscal Year 1991 (Public Law 

11 101–510; 10 U.S.C. 2302 note), as amended, under the 

12 authority of this provision or any other transfer authority 

13 contained in this Act. 

14 SEC. 8016. None of the funds in this Act may be 

15 available for the purchase by the Department of Defense 

16 (and its departments and agencies) of welded shipboard 

17 anchor and mooring chain 4 inches in diameter and under 

18 unless the anchor and mooring chain are manufactured 

19 in the United States from components which are substan20 tially manufactured in the United States: Provided, That 

21 for the purpose of this section, the term ‘‘manufactured’’ 

22 shall include cutting, heat treating, quality control, testing 

23 of chain and welding (including the forging and shot blast24 ing process): Provided further, That for the purpose of this 

25 section substantially all of the components of anchor and 


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1 mooring chain shall be considered to be produced or manu2 factured in the United States if the aggregate cost of the 

3 components produced or manufactured in the United 

4 States exceeds the aggregate cost of the components pro5 duced or manufactured outside the United States: Pro6 vided further, That when adequate domestic supplies are 

7 not available to meet Department of Defense requirements 

8 on a timely basis, the Secretary of the service responsible 

9 for the procurement may waive this restriction on a case10 by-case basis by certifying in writing to the Committees 

11 on Appropriations that such an acquisition must be made 

12 in order to acquire capability for national security pur13 poses. 

14 SEC. 8017. None of the funds available to the De15 partment of Defense may be used to demilitarize or dis16 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

17 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

18 to demilitarize or destroy small arms ammunition or am19 munition components that are not otherwise prohibited 

20 from commercial sale under Federal law, unless the small 

21 arms ammunition or ammunition components are certified 

22 by the Secretary of the Army or designee as unserviceable 

23 or unsafe for further use. 

24 SEC. 8018. No more than $500,000 of the funds ap25 propriated or made available in this Act shall be used durVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 ing a single fiscal year for any single relocation of an orga2 nization, unit, activity or function of the Department of 

3 Defense into or within the National Capital Region: Pro4 vided, That the Secretary of Defense may waive this re5 striction on a case-by-case basis by certifying in writing 

6 to the congressional defense committees that such a relo7 cation is required in the best interest of the Government. 

8 SEC. 8019. In addition to the funds provided else9 where in this Act, $15,000,000 is appropriated only for 

10 incentive payments authorized by section 504 of the In11 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

12 That a prime contractor or a subcontractor at any tier 

13 that makes a subcontract award to any subcontractor or 

14 supplier as defined in section 1544 of title 25, United 

15 States Code, or a small business owned and controlled by 

16 an individual or individuals defined under section 4221(9) 

17 of title 25, United States Code, shall be considered a con18 tractor for the purposes of being allowed additional com19 pensation under section 504 of the Indian Financing Act 

20 of 1974 (25 U.S.C. 1544) whenever the prime contract 

21 or subcontract amount is over $500,000 and involves the 

22 expenditure of funds appropriated by an Act making Ap23 propriations for the Department of Defense with respect 

24 to any fiscal year: Provided further, That notwithstanding 

25 section 1906 of title 41, United States Code, this section 


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1 shall be applicable to any Department of Defense acquisi2 tion of supplies or services, including any contract and any 

3 subcontract at any tier for acquisition of commercial items 

4 produced or manufactured, in whole or in part, by any 

5 subcontractor or supplier defined in section 1544 of title 

6 25, United States Code, or a small business owned and 

7 controlled by an individual or individuals defined under 

8 section 4221(9) of title 25, United States Code. 

9 SEC. 8020. Funds appropriated by this Act for the 

10 Defense Media Activity shall not be used for any national 

11 or international political or psychological activities. 

12 SEC. 8021. During the current fiscal year, the De13 partment of Defense is authorized to incur obligations of 

14 not to exceed $350,000,000 for purposes specified in sec15 tion 2350j(c) of title 10, United States Code, in anticipa16 tion of receipt of contributions, only from the Government 

17 of Kuwait, under that section: Provided, That upon re18 ceipt, such contributions from the Government of Kuwait 

19 shall be credited to the appropriations or fund which in20 curred such obligations. 

21 SEC. 8022. (a) Of the funds made available in this 

22 Act, not less than $38,634,000 shall be available for the 

23 Civil Air Patrol Corporation, of which— 

24 (1) $28,404,000 shall be available from ‘‘Oper25 ation and Maintenance, Air Force’’ to support Civil 


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1 Air Patrol Corporation operation and maintenance, 

2 readiness, counterdrug activities, and drug demand 

3 reduction activities involving youth programs; 

4 (2) $9,298,000 shall be available from ‘‘Aircraft 

5 Procurement, Air Force’’; and 

6 (3) $932,000 shall be available from ‘‘Other 

7 Procurement, Air Force’’ for vehicle procurement. 

8 (b) The Secretary of the Air Force should waive reim9 bursement for any funds used by the Civil Air Patrol for 

10 counter-drug activities in support of Federal, State, and 

11 local government agencies. 

12 SEC. 8023. (a) None of the funds appropriated in this 

13 Act are available to establish a new Department of De14 fense (department) federally funded research and develop15 ment center (FFRDC), either as a new entity, or as a 

16 separate entity administrated by an organization man17 aging another FFRDC, or as a nonprofit membership cor18 poration consisting of a consortium of other FFRDCs and 

19 other nonprofit entities. 

20 (b) No member of a Board of Directors, Trustees, 

21 Overseers, Advisory Group, Special Issues Panel, Visiting 

22 Committee, or any similar entity of a defense FFRDC, 

23 and no paid consultant to any defense FFRDC, except 

24 when acting in a technical advisory capacity, may be com25 pensated for his or her services as a member of such entiVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 ty, or as a paid consultant by more than one FFRDC in 

2 a fiscal year: Provided, That a member of any such entity 

3 referred to previously in this subsection shall be allowed 

4 travel expenses and per diem as authorized under the Fed5 eral Joint Travel Regulations, when engaged in the per6 formance of membership duties. 

7 (c) Notwithstanding any other provision of law, none 

8 of the funds available to the department from any source 

9 during fiscal year 2013 may be used by a defense FFRDC, 

10 through a fee or other payment mechanism, for construc11 tion of new buildings, for payment of cost sharing for 

12 projects funded by Government grants, for absorption of 

13 contract overruns, or for certain charitable contributions, 

14 not to include employee participation in community service 

15 and/or development. 

16 (d) Notwithstanding any other provision of law, of 

17 the funds available to the department during fiscal year 

18 2013, not more than 5,750 staff years of technical effort 

19 (staff years) may be funded for defense FFRDCs: Pro20 vided; That of the specific amount referred to previously 

21 in this subsection, not more than 1,125 staff years may 

22 be funded for the defense studies and analysis FFRDCs: 

23 Provided further, That this subsection shall not apply to 

24 staff years funded in the National Intelligence Program 

25 (NIP) and the Military Intelligence Program (MIP). 


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1 (e) The Secretary of Defense shall, with the submis2 sion of the department’s fiscal year 2014 budget request, 

3 submit a report presenting the specific amounts of staff 

4 years of technical effort to be allocated for each defense 

5 FFRDC during that fiscal year and the associated budget 

6 estimates. 

7 SEC. 8024. None of the funds appropriated or made 

8 available in this Act shall be used to procure carbon, alloy, 

9 or armor steel plate for use in any Government-owned fa10 cility or property under the control of the Department of 

11 Defense which were not melted and rolled in the United 

12 States or Canada: Provided, That these procurement re13 strictions shall apply to any and all Federal Supply Class 

14 9515, American Society of Testing and Materials (ASTM) 

15 or American Iron and Steel Institute (AISI) specifications 

16 of carbon, alloy or armor steel plate: Provided further, 

17 That the Secretary of the military department responsible 

18 for the procurement may waive this restriction on a case19 by-case basis by certifying in writing to the Committees 

20 on Appropriations of the House of Representatives and the 

21 Senate that adequate domestic supplies are not available 

22 to meet Department of Defense requirements on a timely 

23 basis and that such an acquisition must be made in order 

24 to acquire capability for national security purposes: Pro25 vided further, That these restrictions shall not apply to 


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1 contracts which are in being as of the date of the enact2 ment of this Act. 

3 SEC. 8025. For the purposes of this Act, the term 

4 ‘‘congressional defense committees’’ means the Armed 

5 Services Committee of the House of Representatives, the 

6 Armed Services Committee of the Senate, the Sub7 committee on Defense of the Committee on Appropriations 

8 of the Senate, and the Subcommittee on Defense of the 

9 Committee on Appropriations of the House of Representa10 tives. 

11 SEC. 8026. During the current fiscal year, the De12 partment of Defense may acquire the modification, depot 

13 maintenance and repair of aircraft, vehicles and vessels 

14 as well as the production of components and other De15 fense-related articles, through competition between De16 partment of Defense depot maintenance activities and pri17 vate firms: Provided, That the Senior Acquisition Execu18 tive of the military department or Defense Agency con19 cerned, with power of delegation, shall certify that success20 ful bids include comparable estimates of all direct and in21 direct costs for both public and private bids: Provided fur22 ther, That Office of Management and Budget Circular A– 

23 76 shall not apply to competitions conducted under this 

24 section. 


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1 SEC. 8027. (a)(1) If the Secretary of Defense, after 

2 consultation with the United States Trade Representative, 

3 determines that a foreign country which is party to an 

4 agreement described in paragraph (2) has violated the 

5 terms of the agreement by discriminating against certain 

6 types of products produced in the United States that are 

7 covered by the agreement, the Secretary of Defense shall 

8 rescind the Secretary’s blanket waiver of the Buy Amer9 ican Act with respect to such types of products produced 

10 in that foreign country. 

11 (2) An agreement referred to in paragraph (1) is any 

12 reciprocal defense procurement memorandum of under13 standing, between the United States and a foreign country 

14 pursuant to which the Secretary of Defense has prospec15 tively waived the Buy American Act for certain products 

16 in that country. 

17 (b) The Secretary of Defense shall submit to the Con18 gress a report on the amount of Department of Defense 

19 purchases from foreign entities in fiscal year 2013. Such 

20 report shall separately indicate the dollar value of items 

21 for which the Buy American Act was waived pursuant to 

22 any agreement described in subsection (a)(2), the Trade 

23 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

24 international agreement to which the United States is a 

25 party. 


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1 (c) For purposes of this section, the term ‘‘Buy 

2 American Act’’ means chapter 83 of title 41, United 

3 States Code. 

4 SEC. 8028. During the current fiscal year, amounts 

5 contained in the Department of Defense Overseas Military 

6 Facility Investment Recovery Account established by sec7 tion 2921(c)(1) of the National Defense Authorization Act 

8 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

9 be available until expended for the payments specified by 

10 section 2921(c)(2) of that Act. 

11 SEC. 8029. (a) Notwithstanding any other provision 

12 of law, the Secretary of the Air Force may convey at no 

13 cost to the Air Force, without consideration, to Indian 

14 tribes located in the States of Nevada, Idaho, North Da15 kota, South Dakota, Montana, Oregon, Minnesota, and 

16 Washington relocatable military housing units located at 

17 Grand Forks Air Force Base, Malmstrom Air Force Base, 

18 Mountain Home Air Force Base, Ellsworth Air Force 

19 Base, and Minot Air Force Base that are excess to the 

20 needs of the Air Force. 

21 (b) The Secretary of the Air Force shall convey, at 

22 no cost to the Air Force, military housing units under sub23 section (a) in accordance with the request for such units 

24 that are submitted to the Secretary by the Operation 

25 Walking Shield Program on behalf of Indian tribes located 


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1 in the States of Nevada, Idaho, North Dakota, South Da2 kota, Montana, Oregon, Minnesota, and Washington. Any 

3 such conveyance shall be subject to the condition that the 

4 housing units shall be removed within a reasonable period 

5 of time, as determined by the Secretary. 

6 (c) The Operation Walking Shield Program shall re7 solve any conflicts among requests of Indian tribes for 

8 housing units under subsection (a) before submitting re9 quests to the Secretary of the Air Force under subsection 

10 (b). 

11 (d) In this section, the term ‘‘Indian tribe’’ means 

12 any recognized Indian tribe included on the current list 

13 published by the Secretary of the Interior under section 

14 104 of the Federally Recognized Indian Tribe Act of 1994 

15 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 

16 1). 

17 SEC. 8030. During the current fiscal year, appropria18 tions which are available to the Department of Defense 

19 for operation and maintenance may be used to purchase 

20 items having an investment item unit cost of not more 

21 than $250,000. 

22 SEC. 8031. (a) During the current fiscal year, none 

23 of the appropriations or funds available to the Department 

24 of Defense Working Capital Funds shall be used for the 

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1 ing a new inventory item for sale or anticipated sale dur2 ing the current fiscal year or a subsequent fiscal year to 

3 customers of the Department of Defense Working Capital 

4 Funds if such an item would not have been chargeable 

5 to the Department of Defense Business Operations Fund 

6 during fiscal year 1994 and if the purchase of such an 

7 investment item would be chargeable during the current 

8 fiscal year to appropriations made to the Department of 

9 Defense for procurement. 

10 (b) The fiscal year 2014 budget request for the De11 partment of Defense as well as all justification material 

12 and other documentation supporting the fiscal year 2014 

13 Department of Defense budget shall be prepared and sub14 mitted to the Congress on the basis that any equipment 

15 which was classified as an end item and funded in a pro16 curement appropriation contained in this Act shall be 

17 budgeted for in a proposed fiscal year 2014 procurement 

18 appropriation and not in the supply management business 

19 area or any other area or category of the Department of 

20 Defense Working Capital Funds. 

21 SEC. 8032. None of the funds appropriated by this 

22 Act for programs of the Central Intelligence Agency shall 

23 remain available for obligation beyond the current fiscal 

24 year, except for funds appropriated for the Reserve for 

25 Contingencies, which shall remain available until SepVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 tember 30, 2014: Provided, That funds appropriated, 

2 transferred, or otherwise credited to the Central Intel3 ligence Agency Central Services Working Capital Fund 

4 during this or any prior or subsequent fiscal year shall 

5 remain available until expended: Provided further, That 

6 any funds appropriated or transferred to the Central Intel7 ligence Agency for advanced research and development ac8 quisition, for agent operations, and for covert action pro9 grams authorized by the President under section 503 of 

10 the National Security Act of 1947, as amended, shall re11 main available until September 30, 2014. 

12 SEC. 8033. Notwithstanding any other provision of 

13 law, funds made available in this Act for the Defense In14 telligence Agency may be used for the design, develop15 ment, and deployment of General Defense Intelligence 

16 Program intelligence communications and intelligence in17 formation systems for the Services, the Unified and Speci18 fied Commands, and the component commands. 

19 SEC. 8034. Of the funds appropriated to the Depart20 ment of Defense under the heading ‘‘Operation and Main21 tenance, Defense-Wide’’, not less than $12,000,000 shall 

22 be made available only for the mitigation of environmental 

23 impacts, including training and technical assistance to 

24 tribes, related administrative support, the gathering of in25 formation, documenting of environmental damage, and deVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 veloping a system for prioritization of mitigation and cost 

2 to complete estimates for mitigation, on Indian lands re3 sulting from Department of Defense activities. 

4 SEC. 8035. (a) None of the funds appropriated in this 

5 Act may be expended by an entity of the Department of 

6 Defense unless the entity, in expending the funds, com7 plies with the Buy American Act. For purposes of this 

8 subsection, the term ‘‘Buy American Act’’ means chapter 

9 83 of title 41, United States Code. 

10 (b) If the Secretary of Defense determines that a per11 son has been convicted of intentionally affixing a label 

12 bearing a ‘‘Made in America’’ inscription to any product 

13 sold in or shipped to the United States that is not made 

14 in America, the Secretary shall determine, in accordance 

15 with section 2410f of title 10, United States Code, wheth16 er the person should be debarred from contracting with 

17 the Department of Defense. 

18 (c) In the case of any equipment or products pur19 chased with appropriations provided under this Act, it is 

20 the sense of the Congress that any entity of the Depart21 ment of Defense, in expending the appropriation, purchase 

22 only American-made equipment and products, provided 

23 that American-made equipment and products are cost24 competitive, quality competitive, and available in a timely 

25 fashion. 


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1 SEC. 8036. None of the funds appropriated by this 

2 Act shall be available for a contract for studies, analysis, 

3 or consulting services entered into without competition on 

4 the basis of an unsolicited proposal unless the head of the 

5 activity responsible for the procurement determines— 

6 (1) as a result of thorough technical evaluation, 

7 only one source is found fully qualified to perform 

8 the proposed work; 

9 (2) the purpose of the contract is to explore an 

10 unsolicited proposal which offers significant sci11 entific or technological promise, represents the prod12 uct of original thinking, and was submitted in con13 fidence by one source; or 

14 (3) the purpose of the contract is to take ad15 vantage of unique and significant industrial accom16 plishment by a specific concern, or to insure that a 

17 new product or idea of a specific concern is given fi18 nancial support: Provided, That this limitation shall 

19 not apply to contracts in an amount of less than 

20 $25,000, contracts related to improvements of equip21 ment that is in development or production, or con22 tracts as to which a civilian official of the Depart23 ment of Defense, who has been confirmed by the 

24 Senate, determines that the award of such contract 

25 is in the interest of the national defense. 


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1 SEC. 8037. (a) Except as provided in subsections (b) 

2 and (c), none of the funds made available by this Act may 

3 be used— 

4 (1) to establish a field operating agency; or 

5 (2) to pay the basic pay of a member of the 

6 Armed Forces or civilian employee of the depart7 ment who is transferred or reassigned from a head8 quarters activity if the member or employee’s place 

9 of duty remains at the location of that headquarters. 

10 (b) The Secretary of Defense or Secretary of a mili11 tary department may waive the limitations in subsection 

12 (a), on a case-by-case basis, if the Secretary determines, 

13 and certifies to the Committees on Appropriations of the 

14 House of Representatives and Senate that the granting 

15 of the waiver will reduce the personnel requirements or 

16 the financial requirements of the department. 

17 (c) This section does not apply to— 

18 (1) field operating agencies funded within the 

19 National Intelligence Program; 

20 (2) an Army field operating agency established 

21 to eliminate, mitigate, or counter the effects of im22 provised explosive devices, and, as determined by the 

23 Secretary of the Army, other similar threats; or 

24 (3) an Army field operating agency established 

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1 metric activities and to integrate common biometric 

2 technologies throughout the Department of Defense. 

3 SEC. 8038. None of the funds made available in this 

4 Act may be used to approve or license the sale of the F– 

5 22A advanced tactical fighter to any foreign government: 

6 Provided, That the Department of Defense may conduct 

7 or participate in studies, research, design and other activi8 ties to define and develop a future export version of the 

9 F–22A that protects classified and sensitive information, 

10 technologies and U.S. warfighting capabilities. 

11 SEC. 8039. The Secretary of Defense, notwith12 standing any other provision of law, acting through the 

13 Office of Economic Adjustment of the Department of De14 fense, may use funds made available in this Act under the 

15 heading ‘‘Operation and Maintenance, Defense-Wide’’ to 

16 make grants and supplement other Federal funds in ac17 cordance with the guidance provided in the explanatory 

18 statement described in section 4 (in the matter preceding 

19 division A of this consolidated Act). 

20 SEC. 8040. (a) None of the funds appropriated by 

21 this Act shall be available to convert to contractor per22 formance an activity or function of the Department of De23 fense that, on or after the date of the enactment of this 

24 Act, is performed by Department of Defense civilian em25 ployees unless— 


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1 (1) the conversion is based on the result of a 

2 public-private competition that includes a most effi3 cient and cost effective organization plan developed 

4 by such activity or function; 

5 (2) the Competitive Sourcing Official deter6 mines that, over all performance periods stated in 

7 the solicitation of offers for performance of the ac8 tivity or function, the cost of performance of the ac9 tivity or function by a contractor would be less costly 

10 to the Department of Defense by an amount that 

11 equals or exceeds the lesser of— 

12 (A) 10 percent of the most efficient organi13 zation’s personnel-related costs for performance 

14 of that activity or function by Federal employ15 ees; or 

16 (B) $10,000,000; and 

17 (3) the contractor does not receive an advan18 tage for a proposal that would reduce costs for the 

19 Department of Defense by— 

20 (A) not making an employer-sponsored 

21 health insurance plan available to the workers 

22 who are to be employed in the performance of 

23 that activity or function under the contract; or 

24 (B) offering to such workers an employer25 sponsored health benefits plan that requires the 


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1 employer to contribute less towards the pre2 mium or subscription share than the amount 

3 that is paid by the Department of Defense for 

4 health benefits for civilian employees under 

5 chapter 89 of title 5, United States Code. 

6 (b)(1) The Department of Defense, without regard 

7 to subsection (a) of this section or subsection (a), (b), or 

8 (c) of section 2461 of title 10, United States Code, and 

9 notwithstanding any administrative regulation, require10 ment, or policy to the contrary shall have full authority 

11 to enter into a contract for the performance of any com12 mercial or industrial type function of the Department of 

13 Defense that— 

14 (A) is included on the procurement list estab15 lished pursuant to section 2 of the Javits-Wagner16 O’Day Act (section 8503 of title 41, United States 

17 Code); 

18 (B) is planned to be converted to performance 

19 by a qualified nonprofit agency for the blind or by 

20 a qualified nonprofit agency for other severely handi21 capped individuals in accordance with that Act; or 

22 (C) is planned to be converted to performance 

23 by a qualified firm under at least 51 percent owner24 ship by an Indian tribe, as defined in section 4(e) 

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1 sistance Act (25 U.S.C. 450b(e)), or a Native Ha2 waiian Organization, as defined in section 8(a)(15) 

3 of the Small Business Act (15 U.S.C. 637(a)(15)). 

4 (2) This section shall not apply to depot contracts 

5 or contracts for depot maintenance as provided in sections 

6 2469 and 2474 of title 10, United States Code. 

7 (c) The conversion of any activity or function of the 

8 Department of Defense under the authority provided by 

9 this section shall be credited toward any competitive or 

10 outsourcing goal, target, or measurement that may be es11 tablished by statute, regulation, or policy and is deemed 

12 to be awarded under the authority of, and in compliance 

13 with, subsection (h) of section 2304 of title 10, United 

14 States Code, for the competition or outsourcing of com15 mercial activities. 

16 (RESCISSIONS)

17 SEC. 8041. Of the funds appropriated in Department 

18 of Defense Appropriations Acts, the following funds are 

19 hereby rescinded from the following accounts and pro20 grams in the specified amounts: 

21 ‘‘Shipbuilding and Conversion, Navy, 2007/ 

22 2018’’: DDG–51 Destroyer, $98,400,000; 

23 ‘‘Shipbuilding and Conversion, Navy, 2007/ 

24 2018’’: DDG–51 Destroyer Advance Procurement, 

25 $2,500,000; 


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1 ‘‘Shipbuilding and Conversion, Navy, 2007/ 

2 2018’’: CVN Refueling Overhaul, $14,100,000; 

3 ‘‘Procurement of Ammunition, Army, 2011/ 

4 2013’’, $14,862,000; 

5 ‘‘Other Procurement, Army, 2011/2013’’, 

6 $108,098,000; 

7 ‘‘Aircraft Procurement, Navy, 2011/2013’’, 

8 $43,860,000; 

9 ‘‘Shipbuilding and Conversion, Navy, 2011/ 

10 2015’’: DDG–51 Destroyer, $215,300,000; 

11 ‘‘Weapons Procurement, Navy, 2011/2013’’, 

12 $22,000,000; 

13 ‘‘Aircraft Procurement, Air Force, 2011/2013’’, 

14 $93,400,000; 

15 ‘‘Other Procurement, Air Force, 2011/2013’’, 

16 $9,500,000; 

17 ‘‘Operation and Maintenance, Defense-Wide, 

18 2012/XXXX’’, $21,000,000; 

19 ‘‘Aircraft Procurement, Army, 2012/2014’’, 

20 $47,400,000; 

21 ‘‘Other Procurement, Army, 2012/2014’’, 

22 $179,608,000; 

23 ‘‘Aircraft Procurement, Navy, 2012/2014’’, 

24 $19,040,000; 


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1 ‘‘Shipbuilding and Conversion, Navy, 2012/ 

2 2016’’: Littoral Combat Ship, $28,800,000; 

3 ‘‘Shipbuilding and Conversion, Navy, 2012/ 

4 2016’’: DDG–51 Destroyer, $83,000,000; 

5 ‘‘Weapons Procurement, Navy, 2012/2014’’, 

6 $36,467,000; 

7 ‘‘Procurement of Ammunition, Navy and Ma8 rine Corps, 2012/2014’’, $16,300,000; 

9 ‘‘Procurement, Marine Corps, 2012/2014’’, 

10 $132,555,000; 

11 ‘‘Aircraft Procurement, Air Force, 2012/2014’’, 

12 $394,299,000; 

13 ‘‘Missile Procurement, Air Force, 2012/2014’’, 

14 $52,898,000; 

15 ‘‘Other Procurement, Air Force, 2012/2014’’, 

16 $55,800,000; 

17 ‘‘Procurement, Defense-Wide, 2012/2014’’, 

18 $16,000,000; 

19 ‘‘Research, Development, Test and Evaluation, 

20 Army, 2012/2013’’, $41,000,000; 

21 ‘‘Research, Development, Test and Evaluation, 

22 Navy, 2012/2013’’, $246,800,000; 

23 ‘‘Research, Development, Test and Evaluation, 

24 Air Force, 2012/2013’’, $149,460,000. 


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1 SEC. 8042. None of the funds available in this Act 

2 may be used to reduce the authorized positions for mili3 tary technicians (dual status) of the Army National 

4 Guard, Air National Guard, Army Reserve and Air Force 

5 Reserve for the purpose of applying any administratively 

6 imposed civilian personnel ceiling, freeze, or reduction on 

7 military technicians (dual status), unless such reductions 

8 are a direct result of a reduction in military force struc9 ture. 

10 SEC. 8043. None of the funds appropriated or other11 wise made available in this Act may be obligated or ex12 pended for assistance to the Democratic People’s Republic 

13 of Korea unless specifically appropriated for that purpose. 

14 SEC. 8044. Funds appropriated in this Act for oper15 ation and maintenance of the Military Departments, Com16 batant Commands and Defense Agencies shall be available 

17 for reimbursement of pay, allowances and other expenses 

18 which would otherwise be incurred against appropriations 

19 for the National Guard and Reserve when members of the 

20 National Guard and Reserve provide intelligence or coun21 terintelligence support to Combatant Commands, Defense 

22 Agencies and Joint Intelligence Activities, including the 

23 activities and programs included within the National Intel24 ligence Program and the Military Intelligence Program: 

25 Provided, That nothing in this section authorizes deviation 


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1 from established Reserve and National Guard personnel 

2 and training procedures. 

3 SEC. 8045. During the current fiscal year, none of 

4 the funds appropriated in this Act may be used to reduce 

5 the civilian medical and medical support personnel as6 signed to military treatment facilities below the September 

7 30, 2003, level: Provided, That the Service Surgeons Gen8 eral may waive this section by certifying to the congres9 sional defense committees that the beneficiary population 

10 is declining in some catchment areas and civilian strength 

11 reductions may be consistent with responsible resource 

12 stewardship and capitation-based budgeting. 

13 SEC. 8046. (a) None of the funds available to the 

14 Department of Defense for any fiscal year for drug inter15 diction or counter-drug activities may be transferred to 

16 any other department or agency of the United States ex17 cept as specifically provided in an appropriations law. 

18 (b) None of the funds available to the Central Intel19 ligence Agency for any fiscal year for drug interdiction 

20 and counter-drug activities may be transferred to any 

21 other department or agency of the United States except 

22 as specifically provided in an appropriations law. 

23 SEC. 8047. None of the funds appropriated by this 

24 Act may be used for the procurement of ball and roller 

25 bearings other than those produced by a domestic source 


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1 and of domestic origin: Provided, That the Secretary of 

2 the military department responsible for such procurement 

3 may waive this restriction on a case-by-case basis by certi4 fying in writing to the Committees on Appropriations of 

5 the House of Representatives and the Senate, that ade6 quate domestic supplies are not available to meet Depart7 ment of Defense requirements on a timely basis and that 

8 such an acquisition must be made in order to acquire ca9 pability for national security purposes: Provided further, 

10 That this restriction shall not apply to the purchase of 

11 ‘‘commercial items’’, as defined by section 4(12) of the 

12 Office of Federal Procurement Policy Act, except that the 

13 restriction shall apply to ball or roller bearings purchased 

14 as end items. 

15 SEC. 8048. None of the funds in this Act may be 

16 used to purchase any supercomputer which is not manu17 factured in the United States, unless the Secretary of De18 fense certifies to the congressional defense committees 

19 that such an acquisition must be made in order to acquire 

20 capability for national security purposes that is not avail21 able from United States manufacturers. 

22 SEC. 8049. None of the funds made available in this 

23 or any other Act may be used to pay the salary of any 

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1 sponsibilities or budgetary resources of any program, 

2 project, or activity financed by this Act to the jurisdiction 

3 of another Federal agency not financed by this Act with4 out the express authorization of Congress: Provided, That 

5 this limitation shall not apply to transfers of funds ex6 pressly provided for in Defense Appropriations Acts, or 

7 provisions of Acts providing supplemental appropriations 

8 for the Department of Defense. 

9 SEC. 8050. (a) Notwithstanding any other provision 

10 of law, none of the funds available to the Department of 

11 Defense for the current fiscal year may be obligated or 

12 expended to transfer to another nation or an international 

13 organization any defense articles or services (other than 

14 intelligence services) for use in the activities described in 

15 subsection (b) unless the congressional defense commit16 tees, the Committee on Foreign Affairs of the House of 

17 Representatives, and the Committee on Foreign Relations 

18 of the Senate are notified 15 days in advance of such 

19 transfer. 

20 (b) This section applies to— 

21 (1) any international peacekeeping or peace-en22 forcement operation under the authority of chapter 

23 VI or chapter VII of the United Nations Charter 

24 under the authority of a United Nations Security 

25 Council resolution; and 


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1 (2) any other international peacekeeping, peace2 enforcement, or humanitarian assistance operation. 

3 (c) A notice under subsection (a) shall include the 

4 following: 

5 (1) A description of the equipment, supplies, or 

6 services to be transferred. 

7 (2) A statement of the value of the equipment, 

8 supplies, or services to be transferred. 

9 (3) In the case of a proposed transfer of equip10 ment or supplies— 

11 (A) a statement of whether the inventory 

12 requirements of all elements of the Armed 

13 Forces (including the reserve components) for 

14 the type of equipment or supplies to be trans15 ferred have been met; and 

16 (B) a statement of whether the items pro17 posed to be transferred will have to be replaced 

18 and, if so, how the President proposes to pro19 vide funds for such replacement. 

20 SEC. 8051. None of the funds available to the De21 partment of Defense under this Act shall be obligated or 

22 expended to pay a contractor under a contract with the 

23 Department of Defense for costs of any amount paid by 

24 the contractor to an employee when— 


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1 (1) such costs are for a bonus or otherwise in 

2 excess of the normal salary paid by the contractor 

3 to the employee; and 

4 (2) such bonus is part of restructuring costs as5 sociated with a business combination. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8052. During the current fiscal year, no more 

8 than $30,000,000 of appropriations made in this Act 

9 under the heading ‘‘Operation and Maintenance, Defense10 Wide’’ may be transferred to appropriations available for 

11 the pay of military personnel, to be merged with, and to 

12 be available for the same time period as the appropriations 

13 to which transferred, to be used in support of such per14 sonnel in connection with support and services for eligible 

15 organizations and activities outside the Department of De16 fense pursuant to section 2012 of title 10, United States 

17 Code. 

18 SEC. 8053. During the current fiscal year, in the case 

19 of an appropriation account of the Department of Defense 

20 for which the period of availability for obligation has ex21 pired or which has closed under the provisions of section 

22 1552 of title 31, United States Code, and which has a 

23 negative unliquidated or unexpended balance, an obliga24 tion or an adjustment of an obligation may be charged 


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1 to any current appropriation account for the same purpose 

2 as the expired or closed account if— 

3 (1) the obligation would have been properly 

4 chargeable (except as to amount) to the expired or 

5 closed account before the end of the period of avail6 ability or closing of that account; 

7 (2) the obligation is not otherwise properly 

8 chargeable to any current appropriation account of 

9 the Department of Defense; and 

10 (3) in the case of an expired account, the obli11 gation is not chargeable to a current appropriation 

12 of the Department of Defense under the provisions 

13 of section 1405(b)(8) of the National Defense Au14 thorization Act for Fiscal Year 1991, Public Law 

15 101–510, as amended (31 U.S.C. 1551 note): Pro16 vided, That in the case of an expired account, if sub17 sequent review or investigation discloses that there 

18 was not in fact a negative unliquidated or unex19 pended balance in the account, any charge to a cur20 rent account under the authority of this section shall 

21 be reversed and recorded against the expired ac22 count: Provided further, That the total amount 

23 charged to a current appropriation under this sec24 tion may not exceed an amount equal to 1 percent 

25 of the total appropriation for that account. 


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1 SEC. 8054. (a) Notwithstanding any other provision 

2 of law, the Chief of the National Guard Bureau may per3 mit the use of equipment of the National Guard Distance 

4 Learning Project by any person or entity on a space-avail5 able, reimbursable basis. The Chief of the National Guard 

6 Bureau shall establish the amount of reimbursement for 

7 such use on a case-by-case basis. 

8 (b) Amounts collected under subsection (a) shall be 

9 credited to funds available for the National Guard Dis10 tance Learning Project and be available to defray the costs 

11 associated with the use of equipment of the project under 

12 that subsection. Such funds shall be available for such 

13 purposes without fiscal year limitation. 

14 SEC. 8055. Using funds made available by this Act 

15 or any other Act, the Secretary of the Air Force, pursuant 

16 to a determination under section 2690 of title 10, United 

17 States Code, may implement cost-effective agreements for 

18 required heating facility modernization in the 

19 Kaiserslautern Military Community in the Federal Repub20 lic of Germany: Provided, That in the City of 

21 Kaiserslautern and at the Rhine Ordnance Barracks area, 

22 such agreements will include the use of United States an23 thracite as the base load energy for municipal district heat 

24 to the United States Defense installations: Provided fur25 ther, That at Landstuhl Army Regional Medical Center 


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1 and Ramstein Air Base, furnished heat may be obtained 

2 from private, regional or municipal services, if provisions 

3 are included for the consideration of United States coal 

4 as an energy source. 

5 SEC. 8056. None of the funds appropriated in title 

6 IV of this Act may be used to procure end-items for deliv7 ery to military forces for operational training, operational 

8 use or inventory requirements: Provided, That this restric9 tion does not apply to end-items used in development, 

10 prototyping, and test activities preceding and leading to 

11 acceptance for operational use: Provided further, That this 

12 restriction does not apply to programs funded within the 

13 National Intelligence Program: Provided further, That the 

14 Secretary of Defense may waive this restriction on a case15 by-case basis by certifying in writing to the Committees 

16 on Appropriations of the House of Representatives and the 

17 Senate that it is in the national security interest to do 

18 so. 

19 SEC. 8057. (a) The Secretary of Defense may, on a 

20 case-by-case basis, waive with respect to a foreign country 

21 each limitation on the procurement of defense items from 

22 foreign sources provided in law if the Secretary determines 

23 that the application of the limitation with respect to that 

24 country would invalidate cooperative programs entered 

25 into between the Department of Defense and the foreign 


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1 country, or would invalidate reciprocal trade agreements 

2 for the procurement of defense items entered into under 

3 section 2531 of title 10, United States Code, and the 

4 country does not discriminate against the same or similar 

5 defense items produced in the United States for that coun6 try. 

7 (b) Subsection (a) applies with respect to— 

8 (1) contracts and subcontracts entered into on 

9 or after the date of the enactment of this Act; and 

10 (2) options for the procurement of items that 

11 are exercised after such date under contracts that 

12 are entered into before such date if the option prices 

13 are adjusted for any reason other than the applica14 tion of a waiver granted under subsection (a). 

15 (c) Subsection (a) does not apply to a limitation re16 garding construction of public vessels, ball and roller bear17 ings, food, and clothing or textile materials as defined by 

18 section 11 (chapters 50–65) of the Harmonized Tariff 

19 Schedule and products classified under headings 4010, 

20 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

21 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

22 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

23 SEC. 8058. (a) None of the funds made available by 

24 this Act may be used to support any training program in25 volving a unit of the security forces or police of a foreign 


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1 country if the Secretary of Defense has received credible 

2 information from the Department of State that the unit 

3 has committed a gross violation of human rights, unless 

4 all necessary corrective steps have been taken. 

5 (b) The Secretary of Defense, in consultation with the 

6 Secretary of State, shall ensure that prior to a decision 

7 to conduct any training program referred to in subsection 

8 (a), full consideration is given to all credible information 

9 available to the Department of State relating to human 

10 rights violations by foreign security forces. 

11 (c) The Secretary of Defense, after consultation with 

12 the Secretary of State, may waive the prohibition in sub13 section (a) if he determines that such waiver is required 

14 by extraordinary circumstances. 

15 (d) Not more than 15 days after the exercise of any 

16 waiver under subsection (c), the Secretary of Defense shall 

17 submit a report to the congressional defense committees 

18 describing the extraordinary circumstances, the purpose 

19 and duration of the training program, the United States 

20 forces and the foreign security forces involved in the train21 ing program, and the information relating to human rights 

22 violations that necessitates the waiver. 

23 SEC. 8059. None of the funds appropriated or other24 wise made available by this or other Department of De25 fense Appropriations Acts may be obligated or expended 


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1 for the purpose of performing repairs or maintenance to 

2 military family housing units of the Department of De3 fense, including areas in such military family housing 

4 units that may be used for the purpose of conducting offi5 cial Department of Defense business. 

6 SEC. 8060. Notwithstanding any other provision of 

7 law, funds appropriated in this Act under the heading 

8 ‘‘Research, Development, Test and Evaluation, Defense9 Wide’’ for any new start advanced concept technology 

10 demonstration project or joint capability demonstration 

11 project may only be obligated 45 days after a report, in12 cluding a description of the project, the planned acquisi13 tion and transition strategy and its estimated annual and 

14 total cost, has been provided in writing to the congres15 sional defense committees: Provided, That the Secretary 

16 of Defense may waive this restriction on a case-by-case 

17 basis by certifying to the congressional defense committees 

18 that it is in the national interest to do so. 

19 SEC. 8061. The Secretary of Defense shall provide 

20 a classified quarterly report beginning 30 days after enact21 ment of this Act, to the House and Senate Appropriations 

22 Committees, Subcommittees on Defense on certain mat23 ters as directed in the classified annex accompanying this 

24 Act. 


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1 SEC. 8062. During the current fiscal year, none of 

2 the funds available to the Department of Defense may be 

3 used to provide support to another department or agency 

4 of the United States if such department or agency is more 

5 than 90 days in arrears in making payment to the Depart6 ment of Defense for goods or services previously provided 

7 to such department or agency on a reimbursable basis: 

8 Provided, That this restriction shall not apply if the de9 partment is authorized by law to provide support to such 

10 department or agency on a nonreimbursable basis, and is 

11 providing the requested support pursuant to such author12 ity: Provided further, That the Secretary of Defense may 

13 waive this restriction on a case-by-case basis by certifying 

14 in writing to the Committees on Appropriations of the 

15 House of Representatives and the Senate that it is in the 

16 national security interest to do so. 

17 SEC. 8063. Notwithstanding section 12310(b) of title 

18 10, United States Code, a Reserve who is a member of 

19 the National Guard serving on full-time National Guard 

20 duty under section 502(f) of title 32, United States Code, 

21 may perform duties in support of the ground-based ele22 ments of the National Ballistic Missile Defense System. 

23 SEC. 8064. None of the funds provided in this Act 

24 may be used to transfer to any nongovernmental entity 

25 ammunition held by the Department of Defense that has 


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1 a center-fire cartridge and a United States military no2 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

3 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

4 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an 

5 entity performing demilitarization services for the Depart6 ment of Defense under a contract that requires the entity 

7 to demonstrate to the satisfaction of the Department of 

8 Defense that armor piercing projectiles are either: (1) ren9 dered incapable of reuse by the demilitarization process; 

10 or (2) used to manufacture ammunition pursuant to a con11 tract with the Department of Defense or the manufacture 

12 of ammunition for export pursuant to a License for Per13 manent Export of Unclassified Military Articles issued by 

14 the Department of State. 

15 SEC. 8065. Notwithstanding any other provision of 

16 law, the Chief of the National Guard Bureau, or his des17 ignee, may waive payment of all or part of the consider18 ation that otherwise would be required under section 2667 

19 of title 10, United States Code, in the case of a lease of 

20 personal property for a period not in excess of 1 year to 

21 any organization specified in section 508(d) of title 32, 

22 United States Code, or any other youth, social, or fra23 ternal nonprofit organization as may be approved by the 

24 Chief of the National Guard Bureau, or his designee, on 

25 a case-by-case basis. 


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1 SEC. 8066. None of the funds appropriated by this 

2 Act shall be used for the support of any nonappropriated 

3 funds activity of the Department of Defense that procures 

4 malt beverages and wine with nonappropriated funds for 

5 resale (including such alcoholic beverages sold by the 

6 drink) on a military installation located in the United 

7 States unless such malt beverages and wine are procured 

8 within that State, or in the case of the District of Colum9 bia, within the District of Columbia, in which the military 

10 installation is located: Provided, That in a case in which 

11 the military installation is located in more than one State, 

12 purchases may be made in any State in which the installa13 tion is located: Provided further, That such local procure14 ment requirements for malt beverages and wine shall 

15 apply to all alcoholic beverages only for military installa16 tions in States which are not contiguous with another 

17 State: Provided further, That alcoholic beverages other 

18 than wine and malt beverages, in contiguous States and 

19 the District of Columbia shall be procured from the most 

20 competitive source, price and other factors considered. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8067. Of the amounts appropriated in this Act 

23 under the heading ‘‘Operation and Maintenance, Army’’, 

24 $133,381,000 shall remain available until expended: Pro25 vided, That notwithstanding any other provision of law, 


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1 the Secretary of Defense is authorized to transfer such 

2 funds to other activities of the Federal Government: Pro3 vided further, That the Secretary of Defense is authorized 

4 to enter into and carry out contracts for the acquisition 

5 of real property, construction, personal services, and oper6 ations related to projects carrying out the purposes of this 

7 section: Provided further, That contracts entered into 

8 under the authority of this section may provide for such 

9 indemnification as the Secretary determines to be nec10 essary: Provided further, That projects authorized by this 

11 section shall comply with applicable Federal, State, and 

12 local law to the maximum extent consistent with the na13 tional security, as determined by the Secretary of Defense. 

14 SEC. 8068. Section 8106 of the Department of De15 fense Appropriations Act, 1997 (titles I through VIII of 

16 the matter under subsection 101(b) of Public Law 104– 

17 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con18 tinue in effect to apply to disbursements that are made 

19 by the Department of Defense in fiscal year 2013. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8069. During the current fiscal year, not to ex22 ceed $200,000,000 from funds available under ‘‘Operation 

23 and Maintenance, Defense-Wide’’ may be transferred to 

24 the Department of State ‘‘Global Security Contingency 

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1 tion to any other transfer authority available to the De2 partment of Defense: Provided further, That the Secretary 

3 of Defense shall, not fewer than 30 days prior to making 

4 transfers to the Department of State ‘‘Global Security 

5 Contingency Fund’’, notify the congressional defense com6 mittees in writing with the source of funds and a detailed 

7 justification, execution plan, and timeline for each pro8 posed project. 

9 SEC. 8070. In addition to amounts provided else10 where in this Act, $4,000,000 is hereby appropriated to 

11 the Department of Defense, to remain available for obliga12 tion until expended: Provided, That notwithstanding any 

13 other provision of law, that upon the determination of the 

14 Secretary of Defense that it shall serve the national inter15 est, these funds shall be available only for a grant to the 

16 Fisher House Foundation, Inc., only for the construction 

17 and furnishing of additional Fisher Houses to meet the 

18 needs of military family members when confronted with 

19 the illness or hospitalization of an eligible military bene20 ficiary. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8071. Of the amounts appropriated in this Act 

23 under the headings ‘‘Procurement, Defense-Wide’’ and 

24 ‘‘Research, Development, Test and Evaluation, Defense25 Wide’’, $479,736,000 shall be for the Israeli Cooperative 


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1 Programs: Provided, That of this amount, $211,000,000 

2 shall be for the Secretary of Defense to provide to the Gov3 ernment of Israel for the procurement of the Iron Dome 

4 defense system to counter short-range rocket threats, 

5 $149,679,000 shall be for the Short Range Ballistic Mis6 sile Defense (SRBMD) program, including cruise missile 

7 defense research and development under the SRBMD pro8 gram, of which $39,200,000 shall be for production activi9 ties of SRBMD missiles in the United States and in Israel 

10 to meet Israel’s defense requirements consistent with each 

11 nation’s laws, regulations, and procedures, $74,692,000 

12 shall be available for an upper-tier component to the 

13 Israeli Missile Defense Architecture, and $44,365,000 

14 shall be for the Arrow System Improvement Program in15 cluding development of a long range, ground and airborne, 

16 detection suite: Provided further, That funds made avail17 able under this provision for production of missiles and 

18 missile components may be transferred to appropriations 

19 available for the procurement of weapons and equipment, 

20 to be merged with and to be available for the same time 

21 period and the same purposes as the appropriation to 

22 which transferred: Provided further, That the transfer au23 thority provided under this provision is in addition to any 

24 other transfer authority contained in this Act. 


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1 SEC. 8072. (a) None of the funds available to the 

2 Department of Defense may be obligated to modify com3 mand and control relationships to give Fleet Forces Com4 mand operational and administrative control of U.S. Navy 

5 forces assigned to the Pacific fleet. 

6 (b) None of the funds available to the Department 

7 of Defense may be obligated to modify command and con8 trol relationships to give United States Transportation 

9 Command operational and administrative control of C– 

10 130 and KC–135 forces assigned to the Pacific and Euro11 pean Air Force Commands. 

12 (c) The command and control relationships in sub13 sections (a) and (b) which existed on March 13, 2011, 

14 shall remain in force unless changes are specifically au15 thorized in a subsequent Act. 

16 (d) This subsection does not apply to administrative 

17 control of Navy Air and Missile Defense Command. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8073. Of the amounts appropriated in this Act 

20 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

21 $372,573,000 shall be available until September 30, 2013, 

22 to fund prior year shipbuilding cost increases: Provided, 

23 That upon enactment of this Act, the Secretary of the 

24 Navy shall transfer funds to the following appropriations 

25 in the amounts specified: Provided further, That the 


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1 amounts transferred shall be merged with and be available 

2 for the same purposes as the appropriations to which 

3 transferred to: 

4 (1) Under the heading ‘‘Shipbuilding and Con5 version, Navy, 2007/2013’’: LHA Replacement Pro6 gram $156,685,000; 

7 (2) Under the heading ‘‘Shipbuilding and Con8 version, Navy, 2008/2013’’: LPD–17 Amphibious 

9 Transport Dock Program $80,888,000; and 

10 (3) Under the heading ‘‘Shipbuilding and Con11 version, Navy, 2009/2013’’: CVN Refueling Over12 hauls Program $135,000,000. 

13 SEC. 8074. Funds appropriated by this Act, or made 

14 available by the transfer of funds in this Act, for intel15 ligence activities are deemed to be specifically authorized 

16 by the Congress for purposes of section 504 of the Na17 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

18 year 2013 until the enactment of the Intelligence Author19 ization Act for Fiscal Year 2013. 

20 SEC. 8075. None of the funds provided in this Act 

21 shall be available for obligation or expenditure through a 

22 reprogramming of funds that creates or initiates a new 

23 program, project, or activity unless such program, project, 

24 or activity must be undertaken immediately in the interest 


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1 of national security and only after written prior notifica2 tion to the congressional defense committees. 

3 SEC. 8076. The budget of the President for fiscal 

4 year 2014 submitted to the Congress pursuant to section 

5 1105 of title 31, United States Code, shall include sepa6 rate budget justification documents for costs of United 

7 States Armed Forces’ participation in contingency oper8 ations for the Military Personnel accounts, the Operation 

9 and Maintenance accounts, and the Procurement ac10 counts: Provided, That these documents shall include a de11 scription of the funding requested for each contingency op12 eration, for each military service, to include all Active and 

13 Reserve components, and for each appropriations account: 

14 Provided further, That these documents shall include esti15 mated costs for each element of expense or object class, 

16 a reconciliation of increases and decreases for each contin17 gency operation, and programmatic data including, but 

18 not limited to, troop strength for each Active and Reserve 

19 component, and estimates of the major weapons systems 

20 deployed in support of each contingency: Provided further, 

21 That these documents shall include budget exhibits OP– 

22 5 and OP–32 (as defined in the Department of Defense 

23 Financial Management Regulation) for all contingency op24 erations for the budget year and the two preceding fiscal 

25 years. 


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1 SEC. 8077. None of the funds in this Act may be 

2 used for research, development, test, evaluation, procure3 ment or deployment of nuclear armed interceptors of a 

4 missile defense system. 

5 SEC. 8078. In addition to the amounts appropriated 

6 or otherwise made available elsewhere in this Act, 

7 $44,000,000 is hereby appropriated to the Department of 

8 Defense: Provided, That upon the determination of the 

9 Secretary of Defense that it shall serve the national inter10 est, he shall make grants in the amounts specified as fol11 lows: $20,000,000 to the United Service Organizations 

12 and $24,000,000 to the Red Cross. 

13 SEC. 8079. None of the funds appropriated or made 

14 available in this Act shall be used to reduce or disestablish 

15 the operation of the 53rd Weather Reconnaissance Squad16 ron of the Air Force Reserve, if such action would reduce 

17 the WC–130 Weather Reconnaissance mission below the 

18 levels funded in this Act: Provided, That the Air Force 

19 shall allow the 53rd Weather Reconnaissance Squadron to 

20 perform other missions in support of national defense re21 quirements during the non-hurricane season. 

22 SEC. 8080. None of the funds provided in this Act 

23 shall be available for integration of foreign intelligence in24 formation unless the information has been lawfully col25 lected and processed during the conduct of authorized forVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 eign intelligence activities: Provided, That information 

2 pertaining to United States persons shall only be handled 

3 in accordance with protections provided in the Fourth 

4 Amendment of the United States Constitution as imple5 mented through Executive Order No. 12333. 

6 SEC. 8081. (a) At the time members of reserve com7 ponents of the Armed Forces are called or ordered to ac8 tive duty under section 12302(a) of title 10, United States 

9 Code, each member shall be notified in writing of the ex10 pected period during which the member will be mobilized. 

11 (b) The Secretary of Defense may waive the require12 ments of subsection (a) in any case in which the Secretary 

13 determines that it is necessary to do so to respond to a 

14 national security emergency or to meet dire operational 

15 requirements of the Armed Forces. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8082. The Secretary of Defense may transfer 

18 funds from any available Department of the Navy appro19 priation to any available Navy ship construction appro20 priation for the purpose of liquidating necessary changes 

21 resulting from inflation, market fluctuations, or rate ad22 justments for any ship construction program appropriated 

23 in law: Provided, That the Secretary may transfer not to 

24 exceed $100,000,000 under the authority provided by this 

25 section: Provided further, That the Secretary may not 


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1 transfer any funds until 30 days after the proposed trans2 fer has been reported to the Committees on Appropria3 tions of the House of Representatives and the Senate, un4 less a response from the Committees is received sooner: 

5 Provided further, That any funds transferred pursuant to 

6 this section shall retain the same period of availability as 

7 when originally appropriated: Provided further, That the 

8 transfer authority provided by this section is in addition 

9 to any other transfer authority contained elsewhere in this 

10 Act. 

11 SEC. 8083. For purposes of section 7108 of title 41, 

12 United States Code, any subdivision of appropriations 

13 made under the heading ‘‘Shipbuilding and Conversion, 

14 Navy’’ that is not closed at the time reimbursement is 

15 made shall be available to reimburse the Judgment Fund 

16 and shall be considered for the same purposes as any sub17 division under the heading ‘‘Shipbuilding and Conversion, 

18 Navy’’ appropriations in the current fiscal year or any 

19 prior fiscal year. 

20 SEC. 8084. (a) None of the funds appropriated by 

21 this Act may be used to transfer research and develop22 ment, acquisition, or other program authority relating to 

23 current tactical unmanned aerial vehicles (TUAVs) from 

24 the Army. 


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1 (b) The Army shall retain responsibility for and oper2 ational control of the MQ–1C Gray Eagle Unmanned Aer3 ial Vehicle (UAV) in order to support the Secretary of De4 fense in matters relating to the employment of unmanned 

5 aerial vehicles. 

6 SEC. 8085. Up to $15,000,000 of the funds appro7 priated under the heading ‘‘Operation and Maintenance, 

8 Navy’’ may be made available for the Asia Pacific Re9 gional Initiative Program for the purpose of enabling the 

10 Pacific Command to execute Theater Security Cooperation 

11 activities such as humanitarian assistance, and payment 

12 of incremental and personnel costs of training and exer13 cising with foreign security forces: Provided, That funds 

14 made available for this purpose may be used, notwith15 standing any other funding authorities for humanitarian 

16 assistance, security assistance or combined exercise ex17 penses: Provided further, That funds may not be obligated 

18 to provide assistance to any foreign country that is other19 wise prohibited from receiving such type of assistance 

20 under any other provision of law. 

21 SEC. 8086. None of the funds appropriated by this 

22 Act for programs of the Office of the Director of National 

23 Intelligence shall remain available for obligation beyond 

24 the current fiscal year, except for funds appropriated for 


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1 research and technology, which shall remain available until 

2 September 30, 2014. 

3 SEC. 8087. For purposes of section 1553(b) of title 

4 31, United States Code, any subdivision of appropriations 

5 made in this Act under the heading ‘‘Shipbuilding and 

6 Conversion, Navy’’ shall be considered to be for the same 

7 purpose as any subdivision under the heading ‘‘Ship8 building and Conversion, Navy’’ appropriations in any 

9 prior fiscal year, and the 1 percent limitation shall apply 

10 to the total amount of the appropriation. 

11 SEC. 8088. The Director of National Intelligence 

12 shall include the budget exhibits identified in paragraphs 

13 (1) and (2) as described in the Department of Defense 

14 Financial Management Regulation with the congressional 

15 budget justification books: 

16 (1) For procurement programs requesting more 

17 than $10,000,000 in any fiscal year, the P–1, Pro18 curement Program; P–5, Cost Analysis; P–5a, Pro19 curement History and Planning; P–21, Production 

20 Schedule; and P–40, Budget Item Justification. 

21 (2) For research, development, test and evalua22 tion projects requesting more than $5,000,000 in 

23 any fiscal year, the R–1, Research, Development, 

24 Test and Evaluation Program; R–2, Research, De25 velopment, Test and Evaluation Budget Item JusVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 tification; R–3, Research, Development, Test and 

2 Evaluation Project Cost Analysis; and R–4, Re3 search, Development, Test and Evaluation Program 

4 Schedule Profile. 

5 SEC. 8089. (a) Not later than 60 days after the date 

6 of enactment of this Act, the Director of National Intel7 ligence shall submit a report to the congressional intel8 ligence committees to establish the baseline for application 

9 of reprogramming and transfer authorities for fiscal year 

10 2013: Provided, That the report shall include— 

11 (1) a table for each appropriation with a sepa12 rate column to display the President’s budget re13 quest, adjustments made by Congress, adjustments 

14 due to enacted rescissions, if appropriate, and the 

15 fiscal year enacted level; 

16 (2) a delineation in the table for each appro17 priation by Expenditure Center and project; and 

18 (3) an identification of items of special congres19 sional interest. 

20 (b) None of the funds provided for the National Intel21 ligence Program in this Act shall be available for re22 programming or transfer until the report identified in sub23 section (a) is submitted to the congressional intelligence 

24 committees, unless the Director of National Intelligence 

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1 mittees that such reprogramming or transfer is necessary 

2 as an emergency requirement. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8090. Of the funds appropriated in the Intel5 ligence Community Management Account for the Program 

6 Manager for the Information Sharing Environment, 

7 $20,000,000 is available for transfer by the Director of 

8 National Intelligence to other departments and agencies 

9 for purposes of Government-wide information sharing ac10 tivities: Provided, That funds transferred under this provi11 sion are to be merged with and available for the same pur12 poses and time period as the appropriation to which trans13 ferred: Provided further, That the Office of Management 

14 and Budget must approve any transfers made under this 

15 provision. 

16 SEC. 8091. (a) None of the funds provided for the 

17 National Intelligence Program in this or any prior appro18 priations Act shall be available for obligation or expendi19 ture through a reprogramming or transfer of funds in ac20 cordance with section 102A(d) of the National Security 

21 Act of 1947 (50 U.S.C. 403–1(d)) that— 

22 (1) creates a new start effort; 

23 (2) terminates a program with appropriated 

24 funding of $10,000,000 or more; 


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1 (3) transfers funding into or out of the Na2 tional Intelligence Program; or 

3 (4) transfers funding between appropriations, 

4 unless the congressional intelligence committees are noti5 fied 30 days in advance of such reprogramming of funds; 

6 this notification period may be reduced for urgent national 

7 security requirements. 

8 (b) None of the funds provided for the National Intel9 ligence Program in this or any prior appropriations Act 

10 shall be available for obligation or expenditure through a 

11 reprogramming or transfer of funds in accordance with 

12 section 102A(d) of the National Security Act of 1947 (50 

13 U.S.C. 403–1(d)) that results in a cumulative increase or 

14 decrease of the levels specified in the classified annex ac15 companying the Act unless the congressional intelligence 

16 committees are notified 30 days in advance of such re17 programming of funds; this notification period may be re18 duced for urgent national security requirements. 

19 SEC. 8092. The Director of National Intelligence 

20 shall submit to Congress each year, at or about the time 

21 that the President’s budget is submitted to Congress that 

22 year under section 1105(a) of title 31, United States 

23 Code, a future-years intelligence program (including asso24 ciated annexes) reflecting the estimated expenditures and 

25 proposed appropriations included in that budget. Any such 


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1 future-years intelligence program shall cover the fiscal 

2 year with respect to which the budget is submitted and 

3 at least the four succeeding fiscal years. 

4 SEC. 8093. For the purposes of this Act, the term 

5 ‘‘congressional intelligence committees’’ means the Perma6 nent Select Committee on Intelligence of the House of 

7 Representatives, the Select Committee on Intelligence of 

8 the Senate, the Subcommittee on Defense of the Com9 mittee on Appropriations of the House of Representatives, 

10 and the Subcommittee on Defense of the Committee on 

11 Appropriations of the Senate. 

12 SEC. 8094. The Department of Defense shall con13 tinue to report incremental contingency operations costs 

14 for Operation New Dawn and Operation Enduring Free15 dom, or any other named operations in the U.S. Central 

16 Command area of operation on a monthly basis in the Cost 

17 of War Execution Report as prescribed in the Department 

18 of Defense Financial Management Regulation Department 

19 of Defense Instruction 7000.14, Volume 12, Chapter 23 

20 ‘‘Contingency Operations’’, Annex 1, dated September 

21 2005. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8095. During the current fiscal year, not to ex24 ceed $11,000,000 from each of the appropriations made 

25 in title II of this Act for ‘‘Operation and Maintenance, 


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1 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper2 ation and Maintenance, Air Force’’ may be transferred by 

3 the military department concerned to its central fund es4 tablished for Fisher Houses and Suites pursuant to sec5 tion 2493(d) of title 10, United States Code. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8096. Funds appropriated by this Act for oper8 ation and maintenance may be available for the purpose 

9 of making remittances to the Defense Acquisition Work10 force Development Fund in accordance with the require11 ments of section 1705 of title 10, United States Code. 

12 SEC. 8097. (a) Any agency receiving funds made 

13 available in this Act, shall, subject to subsections (b) and 

14 (c), post on the public Web site of that agency any report 

15 required to be submitted by the Congress in this or any 

16 other Act, upon the determination by the head of the agen17 cy that it shall serve the national interest. 

18 (b) Subsection (a) shall not apply to a report if— 

19 (1) the public posting of the report com20 promises national security; or 

21 (2) the report contains proprietary information. 

22 (c) The head of the agency posting such report shall 

23 do so only after such report has been made available to 

24 the requesting Committee or Committees of Congress for 

25 no less than 45 days. 


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1 SEC. 8098. (a) None of the funds appropriated or 

2 otherwise made available by this Act may be expended for 

3 any Federal contract for an amount in excess of 

4 $1,000,000, unless the contractor agrees not to— 

5 (1) enter into any agreement with any of its 

6 employees or independent contractors that requires, 

7 as a condition of employment, that the employee or 

8 independent contractor agree to resolve through ar9 bitration any claim under title VII of the Civil 

10 Rights Act of 1964 or any tort related to or arising 

11 out of sexual assault or harassment, including as12 sault and battery, intentional infliction of emotional 

13 distress, false imprisonment, or negligent hiring, su14 pervision, or retention; or 

15 (2) take any action to enforce any provision of 

16 an existing agreement with an employee or inde17 pendent contractor that mandates that the employee 

18 or independent contractor resolve through arbitra19 tion any claim under title VII of the Civil Rights Act 

20 of 1964 or any tort related to or arising out of sex21 ual assault or harassment, including assault and 

22 battery, intentional infliction of emotional distress, 

23 false imprisonment, or negligent hiring, supervision, 

24 or retention. 


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1 (b) None of the funds appropriated or otherwise 

2 made available by this Act may be expended for any Fed3 eral contract unless the contractor certifies that it requires 

4 each covered subcontractor to agree not to enter into, and 

5 not to take any action to enforce any provision of, any 

6 agreement as described in paragraphs (1) and (2) of sub7 section (a), with respect to any employee or independent 

8 contractor performing work related to such subcontract. 

9 For purposes of this subsection, a ‘‘covered subcon10 tractor’’ is an entity that has a subcontract in excess of 

11 $1,000,000 on a contract subject to subsection (a). 

12 (c) The prohibitions in this section do not apply with 

13 respect to a contractor’s or subcontractor’s agreements 

14 with employees or independent contractors that may not 

15 be enforced in a court of the United States. 

16 (d) The Secretary of Defense may waive the applica17 tion of subsection (a) or (b) to a particular contractor or 

18 subcontractor for the purposes of a particular contract or 

19 subcontract if the Secretary or the Deputy Secretary per20 sonally determines that the waiver is necessary to avoid 

21 harm to national security interests of the United States, 

22 and that the term of the contract or subcontract is not 

23 longer than necessary to avoid such harm. The determina24 tion shall set forth with specificity the grounds for the 

25 waiver and for the contract or subcontract term selected, 


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1 and shall state any alternatives considered in lieu of a 

2 waiver and the reasons each such alternative would not 

3 avoid harm to national security interests of the United 

4 States. The Secretary of Defense shall transmit to Con5 gress, and simultaneously make public, any determination 

6 under this subsection not less than 15 business days be7 fore the contract or subcontract addressed in the deter8 mination may be awarded. 

9 SEC. 8099. None of the funds made available under 

10 this Act may be distributed to the Association of Commu11 nity Organizations for Reform Now (ACORN) or its sub12 sidiaries. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8100. From within the funds appropriated for 

15 operation and maintenance for the Defense Health Pro16 gram in this Act, up to $139,204,000, shall be available 

17 for transfer to the Joint Department of Defense-Depart18 ment of Veterans Affairs Medical Facility Demonstration 

19 Fund in accordance with the provisions of section 1704 

20 of the National Defense Authorization Act for Fiscal Year 

21 2010, Public Law 111–84: Provided, That for purposes 

22 of section 1704(b), the facility operations funded are oper23 ations of the integrated Captain James A. Lovell Federal 

24 Health Care Center, consisting of the North Chicago Vet25 erans Affairs Medical Center, the Navy Ambulatory Care 


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1 Center, and supporting facilities designated as a combined 

2 Federal medical facility as described by section 706 of 

3 Public Law 110–417: Provided further, That additional 

4 funds may be transferred from funds appropriated for op5 eration and maintenance for the Defense Health Program 

6 to the Joint Department of Defense-Department of Vet7 erans Affairs Medical Facility Demonstration Fund upon 

8 written notification by the Secretary of Defense to the 

9 Committees on Appropriations of the House of Represent10 atives and the Senate. 

11 SEC. 8101. The Office of the Director of National 

12 Intelligence shall not employ more Senior Executive em13 ployees than are specified in the classified annex. 

14 SEC. 8102. None of the funds appropriated or other15 wise made available by this Act may be obligated or ex16 pended to pay a retired general or flag officer to serve 

17 as a senior mentor advising the Department of Defense 

18 unless such retired officer files a Standard Form 278 (or 

19 successor form concerning public financial disclosure 

20 under part 2634 of title 5, Code of Federal Regulations) 

21 to the Office of Government Ethics. 

22 SEC. 8103. Appropriations available to the Depart23 ment of Defense may be used for the purchase of heavy 

24 and light armored vehicles for the physical security of per25 sonnel or for force protection purposes up to a limit of 


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1 $250,000 per vehicle, notwithstanding price or other limi2 tations applicable to the purchase of passenger carrying 

3 vehicles. 

4 SEC. 8104. Of the amounts appropriated for ‘‘Oper5 ation and Maintenance, Defense-Wide’’, the following 

6 amounts shall be available to the Secretary of Defense, 

7 for the following authorized purposes, notwithstanding 

8 any other provision of law, acting through the Office of 

9 Economic Adjustment of the Department of Defense, to 

10 make grants, conclude cooperative agreements, and sup11 plement other Federal funds, to remain available until ex12 pended, to assist the civilian population of Guam in re13 sponse to the military buildup of Guam: (1) $13,000,000 

14 for addressing the need for construction of a regional pub15 lic health laboratory; and (2) $106,400,000 for addressing 

16 the need for civilian water and wastewater improvements: 

17 Provided, That the Secretary of Defense shall, not fewer 

18 than 15 days prior to obligating funds for either of the 

19 foregoing purposes, notify the congressional defense com20 mittees in writing of the details of any such obligation. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8105. There is hereby established in the Treas23 ury of the United States the ‘‘Ship Modernization, Oper24 ations and Sustainment Fund’’. There is appropriated 

25 $2,382,100,000, for the ‘‘Ship Modernization, Operations 


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1 and Sustainment Fund’’, to remain available until Sep2 tember 30, 2014: Provided, That the Secretary of the 

3 Navy shall transfer funds from the ‘‘Ship Modernization, 

4 Operations and Sustainment Fund’’ to appropriations for 

5 military personnel; operation and maintenance; research, 

6 development, test and evaluation; and procurement, only 

7 for the purposes of manning, operating, sustaining, equip8 ping and modernizing the Ticonderoga-class guided mis9 sile cruisers CG–63, CG–64, CG–65, CG–66, CG–68, CG– 

10 69, CG–73, and the Whidbey Island-class dock landing 

11 ships LSD–41 and LSD–46: Provided further, That funds 

12 transferred shall be merged with and be available for the 

13 same purposes and for the same time period as the appro14 priation to which they are transferred: Provided further, 

15 That the transfer authority provided herein shall be in ad16 dition to any other transfer authority available to the De17 partment of Defense: Provided further, That the Secretary 

18 of the Navy shall, not less than 30 days prior to making 

19 any transfer from the ‘‘Ship Modernization, Operations 

20 and Sustainment Fund’’, notify the congressional defense 

21 committees in writing of the details of such transfer. 

22 SEC. 8106. None of the funds made available by this 

23 Act may be used by the Secretary of Defense to take bene24 ficial occupancy of more than 2,500 parking spaces (other 

25 than handicap-reserved spaces) to be provided by the 


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1 BRAC 133 project: Provided, That this limitation may be 

2 waived in part if: (1) the Secretary of Defense certifies 

3 to Congress that levels of service at existing intersections 

4 in the vicinity of the project have not experienced failing 

5 levels of service as defined by the Transportation Research 

6 Board Highway Capacity Manual over a consecutive 90- 

7 day period; (2) the Department of Defense and the Vir8 ginia Department of Transportation agree on the number 

9 of additional parking spaces that may be made available 

10 to employees of the facility subject to continued 90-day 

11 traffic monitoring; and (3) the Secretary of Defense noti12 fies the congressional defense committees in writing at 

13 least 14 days prior to exercising this waiver of the number 

14 of additional parking spaces to be made available. 

15 SEC. 8107. Not later than 120 days after the date 

16 of the enactment of this Act, the Secretary of Defense 

17 shall resume quarterly reporting of the numbers of civilian 

18 personnel end strength by appropriation account for each 

19 and every appropriation account used to finance Federal 

20 civilian personnel salaries to the congressional defense 

21 committees within 15 days after the end of each fiscal 

22 quarter. 

23 SEC. 8108. None of the funds appropriated in this 

24 or any other Act may be used to plan, prepare for, or oth25 erwise take any action to undertake or implement the sepVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 aration of the National Intelligence Program budget from 

2 the Department of Defense budget. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8109. Upon a determination by the Director of 

5 National Intelligence that such action is necessary and in 

6 the national interest, the Director may, with the approval 

7 of the Office of Management and Budget, transfer not to 

8 exceed $2,000,000,000 of the funds made available in this 

9 Act for the National Intelligence Program: Provided, That 

10 such authority to transfer may not be used unless for 

11 higher priority items, based on unforeseen intelligence re12 quirements, than those for which originally appropriated 

13 and in no case where the item for which funds are re14 quested has been denied by the Congress: Provided further, 

15 That a request for multiple reprogrammings of funds 

16 using authority provided in this section shall be made 

17 prior to June 30, 2013. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8110. In addition to amounts provided else20 where in the Act, there is appropriated $270,000,000 for 

21 an additional amount for ‘‘Operation and Maintenance, 

22 Defense-Wide’’, to be available until expended: Provided, 

23 That such funds shall only be available to the Secretary 

24 of Defense, acting through the Office of Economic Adjust25 ment of the Department of Defense, or for transfer to the 


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1 Secretary of Education, notwithstanding any other provi2 sion of law, to make grants, conclude cooperative agree3 ments, or supplement other Federal funds to construct, 

4 renovate, repair, or expand elementary and secondary pub5 lic schools on military installations in order to address ca6 pacity or facility condition deficiencies at such schools: 

7 Provided further, That in making such funds available, the 

8 Office of Economic Adjustment or the Secretary of Edu9 cation shall give priority consideration to those military 

10 installations with schools having the most serious capacity 

11 or facility condition deficiencies as determined by the Sec12 retary of Defense: Provided further, That funds may not 

13 be made available for a school unless its enrollment of De14 partment of Defense-connected children is greater than 50 

15 percent. 

16 SEC. 8111. None of the funds appropriated or other17 wise made available in this or any other Act may be used 

18 to transfer, release, or assist in the transfer or release to 

19 or within the United States, its territories, or possessions 

20 Khalid Sheikh Mohammed or any other detainee who— 

21 (1) is not a United States citizen or a member 

22 of the Armed Forces of the United States; and 

23 (2) is or was held on or after June 24, 2009, 

24 at the United States Naval Station, Guanta ́namo 

25 Bay, Cuba, by the Department of Defense. 


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1 SEC. 8112. (a)(1) Except as provided in paragraph 

2 (2) and subsection (d), none of the funds appropriated or 

3 otherwise made available in this or any other Act may be 

4 used to transfer any individual detained at Guanta ́namo 

5 to the custody or control of the individual’s country of ori6 gin, any other foreign country, or any other foreign entity 

7 unless the Secretary of Defense submits to Congress the 

8 certification described in subsection (b) not later than 30 

9 days before the transfer of the individual. 

10 (2) Paragraph (1) shall not apply to any action taken 

11 by the Secretary to transfer any individual detained at 

12 Guanta ́namo to effectuate— 

13 (A) an order affecting the disposition of the in14 dividual that is issued by a court or competent tri15 bunal of the United States having lawful jurisdiction 

16 (which the Secretary shall notify Congress of 

17 promptly after issuance); or 

18 (B) a pre-trial agreement entered in a military 

19 commission case prior to the date of the enactment 

20 of this Act. 

21 (b) A certification described in this subsection is a 

22 written certification made by the Secretary of Defense, 

23 with the concurrence of the Secretary of State and in con24 sultation with the Director of National Intelligence, that— 


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1 (1) the government of the foreign country or 

2 the recognized leadership of the foreign entity to 

3 which the individual detained at Guanta ́namo is to 

4 be transferred— 

5 (A) is not a designated state sponsor of 

6 terrorism or a designated foreign terrorist orga7 nization; 

8 (B) maintains control over each detention 

9 facility in which the individual is to be detained 

10 if the individual is to be housed in a detention 

11 facility; 

12 (C) is not, as of the date of the certifi13 cation, facing a threat that is likely to substan14 tially affect its ability to exercise control over 

15 the individual; 

16 (D) has taken or agreed to take effective 

17 actions to ensure that the individual cannot 

18 take action to threaten the United States, its 

19 citizens, or its allies in the future; 

20 (E) has taken or agreed to take such ac21 tions as the Secretary of Defense determines 

22 are necessary to ensure that the individual can23 not engage or re-engage in any terrorist activ24 ity; and 


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1 (F) has agreed to share with the United 

2 States any information that— 

3 (i) is related to the individual or any 

4 associates of the individual; and 

5 (ii) could affect the security of the 

6 United States, its citizens, or its allies; and 

7 (2) includes an assessment, in classified or un8 classified form, of the capacity, willingness, and past 

9 practices (if applicable) of the foreign country or en10 tity in relation to the Secretary’s certifications. 

11 (c)(1) Except as provided in paragraph (2) and sub12 section (d), none of the funds appropriated or otherwise 

13 made available in this or any other Act may be used to 

14 transfer any individual detained at Guanta ́namo to the 

15 custody or control of the individual’s country of origin, any 

16 other foreign country, or any other foreign entity if there 

17 is a confirmed case of any individual who was detained 

18 at United States Naval Station, Guanta ́namo Bay, Cuba, 

19 at any time after September 11, 2001, who was trans20 ferred to such foreign country or entity and subsequently 

21 engaged in any terrorist activity. 

22 (2) Paragraph (1) shall not apply to any action taken 

23 by the Secretary to transfer any individual detained at 

24 Guanta ́namo to effectuate— 


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1 (A) an order affecting the disposition of the in2 dividual that is issued by a court or competent tri3 bunal of the United States having lawful jurisdiction 

4 (which the Secretary shall notify Congress of 

5 promptly after issuance); or 

6 (B) a pre-trial agreement entered in a military 

7 commission case prior to the date of the enactment 

8 of this Act. 

9 (d)(1) The Secretary of Defense may waive the appli10 cability to a detainee transfer of a certification require11 ment specified in subparagraph (D) or (E) of subsection 

12 (b)(1) or the prohibition in subsection (c), if the Secretary 

13 certifies the rest of the criteria required by subsection (b) 

14 for transfers prohibited by (c) and, with the concurrence 

15 of the Secretary of State and in consultation with the Di16 rector of National Intelligence, determines that— 

17 (A) alternative actions will be taken to address 

18 the underlying purpose of the requirement or re19 quirements to be waived; 

20 (B) in the case of a waiver of subparagraph (D) 

21 or (E) of subsection (b)(1), it is not possible to cer22 tify that the risks addressed in the paragraph to be 

23 waived have been completely eliminated, but the ac24 tions to be taken under subparagraph (A) will subVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 stantially mitigate such risks with regard to the indi2 vidual to be transferred; 

3 (C) in the case of a waiver of subsection (c), the 

4 Secretary has considered any confirmed case in 

5 which an individual who was transferred to the 

6 country subsequently engaged in terrorist activity, 

7 and the actions to be taken under subparagraph (A) 

8 will substantially mitigate the risk of recidivism with 

9 regard to the individual to be transferred; and 

10 (D) the transfer is in the national security in11 terests of the United States. 

12 (2) Whenever the Secretary makes a determination 

13 under paragraph (1), the Secretary shall submit to the ap14 propriate committees of Congress, not later than 30 days 

15 before the transfer of the individual concerned, the fol16 lowing: 

17 (A) A copy of the determination and the waiver 

18 concerned. 

19 (B) A statement of the basis for the determina20 tion, including— 

21 (i) an explanation why the transfer is in 

22 the national security interests of the United 

23 States; and 

24 (ii) in the case of a waiver of subparagraph 

25 (D) or (E) of subsection (b)(1), an explanation 


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1 why it is not possible to certify that the risks 

2 addressed in the subparagraph to be waived 

3 have been completely eliminated. 

4 (C) A summary of the alternative actions to be 

5 taken to address the underlying purpose of, and to 

6 mitigate the risks addressed in, the subparagraph or 

7 subsection to be waived. 

8 (D) The assessment required by subsection 

9 (b)(2). 

10 (e) In this section: 

11 (1) The term ‘‘appropriate committees of Con12 gress’’ means— 

13 (A) the Committee on Armed Services, the 

14 Committee on Appropriations, and the Select 

15 Committee on Intelligence of the Senate; and 

16 (B) the Committee on Armed Services, the 

17 Committee on Appropriations, and the Perma18 nent Select Committee on Intelligence of the 

19 House of Representatives. 

20 (2) The term ‘‘individual detained at 

21 Guanta ́namo’’ means any individual located at 

22 United States Naval Station, Guanta ́namo Bay, 

23 Cuba, as of October 1, 2009, who— 


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1 (A) is not a citizen of the United States or 

2 a member of the Armed Forces of the United 

3 States; and 

4 (B) is— 

5 (i) in the custody or under the control 

6 of the Department of Defense; or 

7 (ii) otherwise under detention at 

8 United States Naval Station, Guanta ́namo 

9 Bay, Cuba. 

10 (3) The term ‘‘foreign terrorist organization’’ 

11 means any organization so designated by the Sec12 retary of State under section 219 of the Immigra13 tion and Nationality Act (8 U.S.C. 1189). 

14 SEC. 8113. (a) None of the funds appropriated or 

15 otherwise made available in this or any other Act may be 

16 used to construct, acquire, or modify any facility in the 

17 United States, its territories, or possessions to house any 

18 individual described in subsection (c) for the purposes of 

19 detention or imprisonment in the custody or under the ef20 fective control of the Department of Defense. 

21 (b) The prohibition in subsection (a) shall not apply 

22 to any modification of facilities at United States Naval 

23 Station, Guanta ́namo Bay, Cuba. 


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1 (c) An individual described in this subsection is any 

2 individual who, as of June 24, 2009, is located at United 

3 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

4 (1) is not a citizen of the United States or a 

5 member of the Armed Forces of the United States; 

6 and 

7 (2) is— 

8 (A) in the custody or under the effective 

9 control of the Department of Defense; or 

10 (B) otherwise under detention at United 

11 States Naval Station, Guanta ́namo Bay, Cuba. 

12 SEC. 8114. None of the funds made available by this 

13 Act may be used to enter into a contract, memorandum 

14 of understanding, or cooperative agreement with, make a 

15 grant to, or provide a loan or loan guarantee to, any cor16 poration that has any unpaid Federal tax liability that has 

17 been assessed, for which all judicial and administrative 

18 remedies have been exhausted or have lapsed, and that 

19 is not being paid in a timely manner pursuant to an agree20 ment with the authority responsible for collecting the tax 

21 liability, where the awarding agency is aware of the unpaid 

22 tax liability, unless the agency has considered suspension 

23 or debarment of the corporation and made a determination 

24 that this further action is not necessary to protect the in25 terests of the Government. 


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1 SEC. 8115. None of the funds made available by this 

2 Act may be used to enter into a contract, memorandum 

3 of understanding, or cooperative agreement with, make a 

4 grant to, or provide a loan or loan guarantee to, any cor5 poration that was convicted of a felony criminal violation 

6 under any Federal law within the preceding 24 months, 

7 where the awarding agency is aware of the conviction, un8 less the agency has considered suspension or debarment 

9 of the corporation and made a determination that this fur10 ther action is not necessary to protect the interests of the 

11 Government. 

12 SEC. 8116. None of the funds made available by this 

13 Act may be used in contravention of section 1590 or 1591 

14 of title 18, United States Code, or in contravention of the 

15 requirements of section 106(g) or (h) of the Trafficking 

16 Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 

17 (h)). 

18 SEC. 8117. None of the funds made available by this 

19 Act for International Military education and training, for20 eign military financing, excess defense article, assistance 

21 under section 1206 of the National Defense Authorization 

22 Act for Fiscal year 2006 (Public Law 109–163; 119 Stat. 

23 3456) issuance for direct commercial sales of military 

24 equipment, or peacekeeping operations for the countries 

25 of Chad, Yemen, Somalia, Sudan, the Democratic RepubVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 lic of the Congo, and Burma may be used to support any 

2 military training or operation that include child soldiers, 

3 as defined by the Child Soldiers Prevention Act of 2008, 

4 and except if such assistance is otherwise permitted under 

5 section 404 of the Child Soldiers Prevention Act of 2008 

6 (Public Law 110–457; 22 U.S.C. 2370c–1). 

7 SEC. 8118. None of the funds made available by this 

8 Act may be used in contravention of the War Powers Res9 olution (50 U.S.C. 1541 et seq.). 

10 SEC. 8119. None of the funds made available by this 

11 Act may be used to retire, divest, realign, or transfer Air 

12 Force aircraft, to disestablish or convert units associated 

13 with such aircraft, or to disestablish or convert any other 

14 unit of the Air National Guard or Air Force Reserve: Pro15 vided, That this section shall not apply to actions affecting 

16 C–5, C–17, or E–8 aircraft, or the units associated with 

17 such aircraft: Provided further, That this section shall con18 tinue in effect through the date of enactment of an Act 

19 authorizing appropriations for fiscal year 2013 for mili20 tary activities of the Department of Defense. 

21 SEC. 8120. The Secretary of the Air Force shall obli22 gate and expend funds previously appropriated for the 

23 procurement of RQ–4B Global Hawk and C–27J Spartan 

24 aircraft for the purposes for which such funds were origi25 nally appropriated. 


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1 SEC. 8121. It is the Sense of the Senate that the 

2 next available capital warship of the U.S. Navy be named 

3 the USS Ted Stevens to recognize the public service 

4 achievements, military service sacrifice, and undaunted 

5 heroism and courage of the long-serving United States 

6 Senator for Alaska. 

7 SEC. 8122. None of the funds made available by this 

8 Act shall be used to retire C–23 Sherpa aircraft. 

9 SEC. 8123. The total amount available in the Act for 

10 pay for civilian personnel of the Department of Defense 

11 for fiscal year 2013 shall be the amount otherwise appro12 priated or made available by this Act for such pay reduced 

13 by $72,718,000. 

14 SEC. 8124. None of the funds made available by this 

15 Act may be used to enter into a contract for UH–60 Leak 

16 Proof Drip Pans using procedures other than competitive 

17 procedures (as defined in section 2302(2) of title 10, 

18 United States Code). 

19 SEC. 8125. None of the funds appropriated or other20 wise made available by this Act or any other Act may be 

21 used by the Department of Defense or a component there22 of in contravention of section 1244 of the National De23 fense Authorization Act for Fiscal Year 2012 (Public Law 

24 112–81; 125 Stat. 1646; 22 U.S.C. 5952 note) or any pro25 vision of an Act authorizing appropriations for the DeVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 partment of Defense for fiscal year 2013 relating to shar2 ing classified ballistic missile defense information with 

3 Russia. 

4 SEC. 8126. None of the Operation and Maintenance 

5 funds made available in this Act may be used in con6 travention of section 41106 of title 49, United States 

7 Code. 

8 SEC. 8127. None of the funds made available by this 

9 Act may be used by the Department of Defense or any 

10 other Federal agency to lease or purchase new light duty 

11 vehicles, for any executive fleet, or for an agency’s fleet 

12 inventory, except in accordance with Presidential Memo13 randum-Federal Fleet Performance, dated May 24, 2011. 

14 SEC. 8128. None of the funds made available by this 

15 Act may be used to enter into a contract with any person 

16 or other entity listed in the Excluded Parties List System 

17 (EPLS)/System for Award Management (SAM) as having 

18 been convicted of fraud against the Federal Government. 

19 SEC. 8129. None of the funds made available by this 

20 Act for the Department of Defense may be used to enter 

21 into a contract, memorandum of understanding, or cooper22 ative agreement with, make a grant to, or provide a loan 

23 or loan guarantee to Rosoboronexport: Provided, That the 

24 Secretary of Defense may waive this restriction on a case25 by-case basis by certifying in writing to the Committees 


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1 on Appropriations of the House of Representatives and the 

2 Senate that it is in the national security interest to do 

3 so. 

4 SEC. 8130. None of the funds made available by this 

5 Act may be used by the Secretary of Defense to implement 

6 an enrollment fee for the TRICARE for Life program 

7 under chapter 55 of title 10, United States Code, that 

8 does not exist as of the date of the enactment of this Act. 

9 TITLE IX 

10 OVERSEAS CONTINGENCY OPERATIONS 

11 MILITARY PERSONNEL 

12 MILITARY PERSONNEL, ARMY

13 For an additional amount for ‘‘Military Personnel, 

14 Army’’, $9,790,082,000: Provided, That such amount is 

15 designated by the Congress for Overseas Contingency Op16 erations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 MILITARY PERSONNEL, NAVY

20 For an additional amount for ‘‘Military Personnel, 

21 Navy’’, $774,225,000: Provided, That such amount is des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

3 Marine Corps’’, $1,425,156,000: Provided, That such 

4 amount is designated by the Congress for Overseas Con5 tingency Operations/Global War on Terrorism pursuant to 

6 section 251(b)(2)(A)(ii) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 MILITARY PERSONNEL, AIR FORCE

9 For an additional amount for ‘‘Military Personnel, 

10 Air Force’’, $1,286,783,000: Provided, That such amount 

11 is designated by the Congress for Overseas Contingency 

12 Operations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 RESERVE PERSONNEL, ARMY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Army’’, $156,893,000: Provided, That such amount is 

18 designated by the Congress for Overseas Contingency Op19 erations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 RESERVE PERSONNEL, NAVY

23 For an additional amount for ‘‘Reserve Personnel, 

24 Navy’’, $39,335,000: Provided, That such amount is des25 ignated by the Congress for Overseas Contingency OperVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 ations/Global War on Terrorism pursuant to section 

2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 RESERVE PERSONNEL, MARINE CORPS

5 For an additional amount for ‘‘Reserve Personnel, 

6 Marine Corps’’, $24,722,000: Provided, That such amount 

7 is designated by the Congress for Overseas Contingency 

8 Operations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 RESERVE PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘Reserve Personnel, 

13 Air Force’’, $25,348,000: Provided, That such amount is 

14 designated by the Congress for Overseas Contingency Op15 erations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 NATIONAL GUARD PERSONNEL, ARMY

19 For an additional amount for ‘‘National Guard Per20 sonnel, Army’’, $583,804,000: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

23 section 251(b)(2)(A)(ii) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 


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1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘National Guard Per3 sonnel, Air Force’’, $10,473,000: Provided, That such 

4 amount is designated by the Congress for Overseas Con5 tingency Operations/Global War on Terrorism pursuant to 

6 section 251(b)(2)(A)(ii) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE 

9 OPERATION AND MAINTENANCE, ARMY

10 For an additional amount for ‘‘Operation and Main11 tenance, Army’’, $28,452,018,000: Provided, That such 

12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 

14 section 251(b)(2)(A)(ii) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, NAVY

17 For an additional amount for ‘‘Operation and Main18 tenance, Navy’’, $5,839,934,000: Provided, That such 

19 amount is designated by the Congress for Overseas Con20 tingency Operations/Global War on Terrorism pursuant to 

21 section 251(b)(2)(A)(ii) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985. 

23 OPERATION AND MAINTENANCE, MARINE CORPS

24 For an additional amount for ‘‘Operation and Main25 tenance, Marine Corps’’, $4,116,340,000: Provided, That 


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1 such amount is designated by the Congress for Overseas 

2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

4 and Emergency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, AIR FORCE

6 For an additional amount for ‘‘Operation and Main7 tenance, Air Force’’, $9,249,736,000: Provided, That such 

8 amount is designated by the Congress for Overseas Con9 tingency Operations/Global War on Terrorism pursuant to 

10 section 251(b)(2)(A)(ii) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 OPERATION AND MAINTENANCE, DEFENSE-WIDE

13 For an additional amount for ‘‘Operation and Main14 tenance, Defense-Wide’’, $7,714,079,000: Provided, That 

15 of the funds provided under this heading, not to exceed 

16 $1,650,000,000, to remain available until September 30, 

17 2014, shall be for payments to reimburse key cooperating 

18 nations for logistical, military, and other support, includ19 ing access, provided to United States military operations 

20 in support of Operation Enduring Freedom, and post-op21 eration Iraq border security related to the activities of the 

22 Office of Security Cooperation in Iraq, notwithstanding 

23 any other provision of law: Provided further, That such 

24 reimbursement payments may be made in such amounts 

25 as the Secretary of Defense, with the concurrence of the 


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1 Secretary of State, and in consultation with the Director 

2 of the Office of Management and Budget, may determine, 

3 in his discretion, based on documentation determined by 

4 the Secretary of Defense to adequately account for the 

5 support provided, and such determination is final and con6 clusive upon the accounting officers of the United States, 

7 and 15 days following notification to the appropriate con8 gressional committees: Provided further, That the require9 ment under this heading to provide notification to the ap10 propriate congressional committees shall not apply with 

11 respect to a reimbursement for access based on an inter12 national agreement: Provided further, That these funds 

13 may be used for the purpose of providing specialized train14 ing and procuring supplies and specialized equipment and 

15 providing such supplies and loaning such equipment on a 

16 non-reimbursable basis to coalition forces supporting 

17 United States military operations in Afghanistan, and 15 

18 days following notification to the appropriate congres19 sional committees: Provided further, That the Secretary of 

20 Defense shall provide quarterly reports to the congres21 sional defense committees on the use of funds provided 

22 in this paragraph: Provided further, That such amount in 

23 this section is designated by the Congress for Overseas 

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1 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

2 and Emergency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Army Reserve’’, $157,887,000: Provided, That 

6 such amount is designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 OPERATION AND MAINTENANCE, NAVY RESERVE

11 For an additional amount for ‘‘Operation and Main12 tenance, Navy Reserve’’, $55,924,000: Provided, That 

13 such amount is designated by the Congress for Overseas 

14 Contingency Operations/Global War on Terrorism pursu15 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

16 and Emergency Deficit Control Act of 1985. 

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 RESERVE

19 For an additional amount for ‘‘Operation and Main20 tenance, Marine Corps Reserve’’, $25,477,000: Provided, 

21 That such amount is designated by the Congress for Over22 seas Contingency Operations/Global War on Terrorism 

23 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 


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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Air Force Reserve’’, $60,618,000: Provided, That 

4 such amount is designated by the Congress for Overseas 

5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

7 and Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE, ARMY NATIONAL

9 GUARD

10 For an additional amount for ‘‘Operation and Main11 tenance, Army National Guard’’, $392,448,000: Provided, 

12 That such amount is designated by the Congress for Over13 seas Contingency Operations/Global War on Terrorism 

14 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

17 For an additional amount for ‘‘Operation and Main18 tenance, Air National Guard’’, $34,500,000: Provided, 

19 That such amount is designated by the Congress for Over20 seas Contingency Operations/Global War on Terrorism 

21 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985. 


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1 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 In addition to amounts provided elsewhere in this 

4 Act, there is appropriated $582,884,000 for the ‘‘Overseas 

5 Contingency Operations Transfer Fund’’ for expenses di6 rectly relating to overseas contingency operations by 

7 United States military forces, to be available until ex8 pended: Provided, That of the funds made available in this 

9 section, the Secretary of Defense may transfer these funds 

10 only to military personnel accounts, operation and mainte11 nance accounts, procurement accounts, and working cap12 ital fund accounts: Provided further, That the funds made 

13 available in this paragraph may only be used for pro14 grams, projects, or activities categorized as Overseas Con15 tingency Operations in the fiscal year 2013 budget request 

16 for the Department of Defense and the justification mate17 rial and other documentation supporting such request: 

18 Provided further, That the funds transferred shall be 

19 merged with and shall be available for the same purposes 

20 and for the same time period, as the appropriation to 

21 which transferred: Provided further, That the Secretary 

22 shall notify the congressional defense committees 15 days 

23 prior to such transfer: Provided further, That the transfer 

24 authority provided under this heading is in addition to any 

25 other transfer authority available to the Department of 


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1 Defense: Provided further, That upon a determination that 

2 all or part of the funds transferred from this appropriation 

3 are not necessary for the purposes provided herein, such 

4 amounts may be transferred back to this appropriation 

5 and shall be available for the same purposes and for the 

6 same time period as originally appropriated: Provided fur7 ther, That such amount is designated by the Congress for 

8 Overseas Contingency Operations/Global War on Ter9 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 

11 AFGHANISTAN INFRASTRUCTURE FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For the ‘‘Afghanistan Infrastructure Fund’’, 

14 $325,000,000, to remain available until September 30, 

15 2014: Provided, That such funds shall be available to the 

16 Secretary of Defense for infrastructure projects in Af17 ghanistan, notwithstanding any other provision of law, 

18 which shall be undertaken by the Secretary of State, un19 less the Secretary of State and the Secretary of Defense 

20 jointly decide that a specific project will be undertaken 

21 by the Department of Defense: Provided further, That the 

22 infrastructure referred to in the preceding proviso is in 

23 support of the counterinsurgency strategy, which may re24 quire funding for facility and infrastructure projects, in25 cluding, but not limited to, water, power, and transporVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 tation projects and related maintenance and sustainment 

2 costs: Provided further, That the authority to undertake 

3 such infrastructure projects is in addition to any other au4 thority to provide assistance to foreign nations: Provided 

5 further, That any projects funded under this heading shall 

6 be jointly formulated and concurred in by the Secretary 

7 of State and Secretary of Defense: Provided further, That 

8 funds may be transferred to the Department of State for 

9 purposes of undertaking projects, which funds shall be 

10 considered to be economic assistance under the Foreign 

11 Assistance Act of 1961 for purposes of making available 

12 the administrative authorities contained in that Act: Pro13 vided further, That the transfer authority in the preceding 

14 proviso is in addition to any other authority available to 

15 the Department of Defense to transfer funds: Provided 

16 further, That any unexpended funds transferred to the 

17 Secretary of State under this authority shall be returned 

18 to the Afghanistan Infrastructure Fund if the Secretary 

19 of State, in coordination with the Secretary of Defense, 

20 determines that the project cannot be implemented for any 

21 reason, or that the project no longer supports the counter22 insurgency strategy in Afghanistan: Provided further, 

23 That any funds returned to the Secretary of Defense 

24 under the previous proviso shall be available for use under 

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1 ner as funds not transferred to the Secretary of State: 

2 Provided further, That contributions of funds for the pur3 poses provided herein to the Secretary of State in accord4 ance with section 635(d) of the Foreign Assistance Act 

5 from any person, foreign government, or international or6 ganization may be credited to this Fund, to remain avail7 able until expended, and used for such purposes: Provided 

8 further, That the Secretary of Defense shall, not fewer 

9 than 15 days prior to making transfers to or from, or obli10 gations from the Fund, notify the appropriate committees 

11 of Congress in writing of the details of any such transfer: 

12 Provided further, That the ‘‘appropriate committees of 

13 Congress’’ are the Committees on Armed Services, For14 eign Relations and Appropriations of the Senate and the 

15 Committees on Armed Services, Foreign Affairs and Ap16 propriations of the House of Representatives: Provided 

17 further, That such amount is designated by the Congress 

18 for Overseas Contingency Operations/Global War on Ter19 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985. 

21 AFGHANISTAN SECURITY FORCES FUND

22 For the ‘‘Afghanistan Security Forces Fund’’, 

23 $5,124,167,000, to remain available until September 30, 

24 2014: Provided, That such funds shall be available to the 

25 Secretary of Defense, notwithstanding any other provision 


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1 of law, for the purpose of allowing the Commander, Com2 bined Security Transition Command—Afghanistan, or the 

3 Secretary’s designee, to provide assistance, with the con4 currence of the Secretary of State, to the security forces 

5 of Afghanistan, including the provision of equipment, sup6 plies, services, training, facility and infrastructure repair, 

7 renovation, and construction, and funding: Provided fur8 ther, That the authority to provide assistance under this 

9 heading is in addition to any other authority to provide 

10 assistance to foreign nations: Provided further, That con11 tributions of funds for the purposes provided herein from 

12 any person, foreign government, or international organiza13 tion may be credited to this Fund, to remain available 

14 until expended, and used for such purposes: Provided fur15 ther, That the Secretary of Defense shall notify the con16 gressional defense committees in writing upon the receipt 

17 and upon the obligation of any contribution, delineating 

18 the sources and amounts of the funds received and the 

19 specific use of such contributions: Provided further, That 

20 the Secretary of Defense shall, not fewer than 15 days 

21 prior to obligating from this appropriation account, notify 

22 the congressional defense committees in writing of the de23 tails of any such obligation: Provided further, That the 

24 Secretary of Defense shall notify the congressional defense 

25 committees of any proposed new projects or transfer of 


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1 funds between budget sub-activity groups in excess of 

2 $20,000,000: Provided further, That such amount is des3 ignated by the Congress for Overseas Contingency Oper4 ations/Global War on Terrorism pursuant to section 

5 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985. 

7 PROCUREMENT 

8 AIRCRAFT PROCUREMENT, ARMY

9 For an additional amount for ‘‘Aircraft Procurement, 

10 Army’’, $550,700,000, to remain available until Sep11 tember 30, 2015: Provided, That such amount is des12 ignated by the Congress for Overseas Contingency Oper13 ations/Global War on Terrorism pursuant to section 

14 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 MISSILE PROCUREMENT, ARMY

17 For an additional amount for ‘‘Missile Procurement, 

18 Army’’, $67,951,000, to remain available until September 

19 30, 2015: Provided, That such amount is designated by 

20 the Congress for Overseas Contingency Operations/Global 

21 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

22 the Balanced Budget and Emergency Deficit Control Act 

23 of 1985. 


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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For an additional amount for ‘‘Procurement of Weap4 ons and Tracked Combat Vehicles, Army’’, $15,422,000, 

5 to remain available until September 30, 2015: Provided, 

6 That such amount is designated by the Congress for Over7 seas Contingency Operations/Global War on Terrorism 

8 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

9 Budget and Emergency Deficit Control Act of 1985. 

10 PROCUREMENT OF AMMUNITION, ARMY

11 For an additional amount for ‘‘Procurement of Am12 munition, Army’’, $338,493,000, to remain available until 

13 September 30, 2015: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 OTHER PROCUREMENT, ARMY

19 For an additional amount for ‘‘Other Procurement, 

20 Army’’, $1,740,157,000, to remain available until Sep21 tember 30, 2015: Provided, That such amount is des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $215,698,000, to remain available until September 

4 30, 2015: Provided, That such amount is designated by 

5 the Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 WEAPONS PROCUREMENT, NAVY

10 For an additional amount for ‘‘Weapons Procure11 ment, Navy’’, $22,500,000, to remain available until Sep12 tember 30, 2015: Provided, That such amount is des13 ignated by the Congress for Overseas Contingency Oper14 ations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

18 CORPS

19 For an additional amount for ‘‘Procurement of Am20 munition, Navy and Marine Corps’’, $283,059,000, to re21 main available until September 30, 2015: Provided, That 

22 such amount is designated by the Congress for Overseas 

23 Contingency Operations/Global War on Terrorism pursu24 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

25 and Emergency Deficit Control Act of 1985. 


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1 OTHER PROCUREMENT, NAVY

2 For an additional amount for ‘‘Other Procurement, 

3 Navy’’, $98,882,000, to remain available until September 

4 30, 2015: Provided, That such amount is designated by 

5 the Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 PROCUREMENT, MARINE CORPS

10 For an additional amount for ‘‘Procurement, Marine 

11 Corps’’, $822,054,000, to remain available until Sep12 tember 30, 2015: Provided, That such amount is des13 ignated by the Congress for Overseas Contingency Oper14 ations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 AIRCRAFT PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Aircraft Procurement, 

19 Air Force’’, $305,600,000, to remain available until Sep20 tember 30, 2015: Provided, That such amount is des21 ignated by the Congress for Overseas Contingency Oper22 ations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


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1 MISSILE PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Missile Procurement, 

3 Air Force’’, $34,350,000, to remain available until Sep4 tember 30, 2015: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 PROCUREMENT OF AMMUNITION, AIR FORCE

10 For an additional amount for ‘‘Procurement of Am11 munition, Air Force’’, $116,203,000, to remain available 

12 until September 30, 2015: Provided, That such amount 

13 is designated by the Congress for Overseas Contingency 

14 Operations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 OTHER PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Other Procurement, 

19 Air Force’’, $2,680,270,000, to remain available until 

20 September 30, 2015: Provided, That such amount is des21 ignated by the Congress for Overseas Contingency Oper22 ations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


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1 PROCUREMENT, DEFENSE-WIDE

2 For an additional amount for ‘‘Procurement, De3 fense-Wide’’, $188,099,000, to remain available until Sep4 tember 30, 2015: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 NATIONAL GUARD AND RESERVE EQUIPMENT

10 For procurement of aircraft, missiles, tracked combat 

11 vehicles, ammunition, other weapons and other procure12 ment for the reserve components of the Armed Forces, 

13 $1,500,000,000, to remain available for obligation until 

14 September 30, 2015: Provided, That the Chiefs of Na15 tional Guard and Reserve components shall, not later than 

16 30 days after the enactment of this Act, individually sub17 mit to the congressional defense committees the mod18 ernization priority assessment for their respective Na19 tional Guard or Reserve component: Provided further, 

20 That such amount is designated by the Congress for Over21 seas Contingency Operations/Global War on Terrorism 

22 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

23 Budget and Emergency Deficit Control Act of 1985. 


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1 RESEARCH, DEVELOPMENT, TEST AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 ARMY

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Army’’, $29,660,000, to re7 main available until September 30, 2014: Provided, That 

8 such amount is designated by the Congress for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 NAVY

14 For an additional amount for ‘‘Research, Develop15 ment, Test and Evaluation, Navy’’, $52,519,000, to re16 main available until September 30, 2014: Provided, That 

17 such amount is designated by the Congress for Overseas 

18 Contingency Operations/Global War on Terrorism pursu19 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

20 and Emergency Deficit Control Act of 1985. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

22 AIR FORCE

23 For an additional amount for ‘‘Research, Develop24 ment, Test and Evaluation, Air Force’’, $53,150,000, to 

25 remain available until September 30, 2014: Provided, 


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1 That such amount is designated by the Congress for Over2 seas Contingency Operations/Global War on Terrorism 

3 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

4 Budget and Emergency Deficit Control Act of 1985. 

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

6 DEFENSE-WIDE

7 For an additional amount for ‘‘Research, Develop8 ment, Test and Evaluation, Defense-Wide’’, 

9 $112,387,000, to remain available until September 30, 

10 2014: Provided, That such amount is designated by the 

11 Congress for Overseas Contingency Operations/Global 

12 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

13 the Balanced Budget and Emergency Deficit Control Act 

14 of 1985. 

15 REVOLVING AND MANAGEMENT FUNDS 

16 DEFENSE WORKING CAPITAL FUNDS

17 For an additional amount for ‘‘Defense Working 

18 Capital Funds’’, $243,600,000: Provided, That such 

19 amount is designated by the Congress for Overseas Con20 tingency Operations/Global War on Terrorism pursuant to 

21 section 251(b)(2)(A)(ii) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985. 


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1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

2 DEFENSE HEALTH PROGRAM

3 For an additional amount for ‘‘Defense Health Pro4 gram’’, $993,898,000, which shall be for operation and 

5 maintenance: Provided, That such amount is designated 

6 by the Congress for Overseas Contingency Operations/ 

7 Global War on Terrorism pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

11 DEFENSE

12 For an additional amount for ‘‘Drug Interdiction and 

13 Counter-Drug Activities, Defense’’, $469,025,000, to re14 main available until September 30, 2014: Provided, That 

15 such amount is designated by the Congress for Overseas 

16 Contingency Operations/Global War on Terrorism pursu17 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

18 and Emergency Deficit Control Act of 1985. 

19 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For the ‘‘Joint Improvised Explosive Device Defeat 

22 Fund’’, $1,622,614,000, to remain available until Sep23 tember 30, 2015: Provided, That such funds shall be avail24 able to the Secretary of Defense, notwithstanding any 

25 other provision of law, for the purpose of allowing the DiVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 rector of the Joint Improvised Explosive Device Defeat 

2 Organization to investigate, develop and provide equip3 ment, supplies, services, training, facilities, personnel and 

4 funds to assist United States forces in the defeat of impro5 vised explosive devices: Provided further, That the Sec6 retary of Defense may transfer funds provided herein to 

7 appropriations for military personnel; operation and main8 tenance; procurement; research, development, test and 

9 evaluation; and defense working capital funds to accom10 plish the purpose provided herein: Provided further, That 

11 this transfer authority is in addition to any other transfer 

12 authority available to the Department of Defense: Pro13 vided further, That the Secretary of Defense shall, not 

14 fewer than 15 days prior to making transfers from this 

15 appropriation, notify the congressional defense committees 

16 in writing of the details of any such transfer: Provided 

17 further, That such amount is designated by the Congress 

18 for Overseas Contingency Operations/Global War on Ter19 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985. 

21 OFFICE OF THE INSPECTOR GENERAL

22 For an additional amount for the ‘‘Office of the In23 spector General’’, $10,766,000: Provided, That such 

24 amount is designated by the Congress for Overseas Con25 tingency Operations/Global War on Terrorism pursuant to 


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1 section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 GENERAL PROVISIONS—THIS TITLE 

4 SEC. 9001. Notwithstanding any other provision of 

5 law, funds made available in this title are in addition to 

6 amounts appropriated or otherwise made available for the 

7 Department of Defense for fiscal year 2013. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 9002. Upon the determination of the Secretary 

10 of Defense that such action is necessary in the national 

11 interest, the Secretary may, with the approval of the Of12 fice of Management and Budget, transfer up to 

13 $3,500,000,000 between the appropriations or funds made 

14 available to the Department of Defense in this title: Pro15 vided, That the Secretary shall notify the Congress 

16 promptly of each transfer made pursuant to the authority 

17 in this section: Provided further, That the authority pro18 vided in this section is in addition to any other transfer 

19 authority available to the Department of Defense and is 

20 subject to the same terms and conditions as the authority 

21 provided in the Department of Defense Appropriations 

22 Act, 2013. 

23 SEC. 9003. Supervision and administration costs as24 sociated with a construction project funded with appro25 priations available for operation and maintenance, ‘‘AfVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 ghanistan Infrastructure Fund’’, or the ‘‘Afghanistan Se2 curity Forces Fund’’ provided in this Act and executed 

3 in direct support of overseas contingency operations in Af4 ghanistan, may be obligated at the time a construction 

5 contract is awarded: Provided, That for the purpose of this 

6 section, supervision and administration costs include all 

7 in-house Government costs. 

8 SEC. 9004. From funds made available in this title, 

9 the Secretary of Defense may purchase for use by military 

10 and civilian employees of the Department of Defense in 

11 the U.S. Central Command area of responsibility: (a) pas12 senger motor vehicles up to a limit of $75,000 per vehicle; 

13 and (b) heavy and light armored vehicles for the physical 

14 security of personnel or for force protection purposes up 

15 to a limit of $250,000 per vehicle, notwithstanding price 

16 or other limitations applicable to the purchase of pas17 senger carrying vehicles. 

18 SEC. 9005. Not to exceed $200,000,000 of the 

19 amount appropriated in this title under the heading ‘‘Op20 eration and Maintenance, Army’’ may be used, notwith21 standing any other provision of law, to fund the Com22 mander’s Emergency Response Program (CERP), for the 

23 purpose of enabling military commanders in Afghanistan 

24 to respond to urgent, small-scale, humanitarian relief and 

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1 bility: Provided, That each project (including any ancillary 

2 or related elements in connection with such project) exe3 cuted under this authority shall not exceed $20,000,000: 

4 Provided further, That not later than 45 days after the 

5 end of each fiscal year quarter, the Secretary of Defense 

6 shall submit to the congressional defense committees a re7 port regarding the source of funds and the allocation and 

8 use of funds during that quarter that were made available 

9 pursuant to the authority provided in this section or under 

10 any other provision of law for the purposes described here11 in: Provided further, That, not later than 30 days after 

12 the end of each month, the Army shall submit to the con13 gressional defense committees monthly commitment, obli14 gation, and expenditure data for the Commander’s Emer15 gency Response Program in Afghanistan: Provided fur16 ther, That not less than 15 days before making funds 

17 available pursuant to the authority provided in this section 

18 or under any other provision of law for the purposes de19 scribed herein for a project with a total anticipated cost 

20 for completion of $5,000,000 or more, the Secretary shall 

21 submit to the congressional defense committees a written 

22 notice containing each of the following: 

23 (1) The location, nature and purpose of the 

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1 tended to advance the military campaign plan for 

2 the country in which it is to be carried out. 

3 (2) The budget, implementation timeline with 

4 milestones, and completion date for the proposed 

5 project, including any other CERP funding that has 

6 been or is anticipated to be contributed to the com7 pletion of the project. 

8 (3) A plan for the sustainment of the proposed 

9 project, including the agreement with either the host 

10 nation, a non-Department of Defense agency of the 

11 United States Government or a third-party contrib12 utor to finance the sustainment of the activities and 

13 maintenance of any equipment or facilities to be pro14 vided through the proposed project. 

15 SEC. 9006. Funds available to the Department of De16 fense for operation and maintenance may be used, not17 withstanding any other provision of law, to provide sup18 plies, services, transportation, including airlift and sealift, 

19 and other logistical support to coalition forces supporting 

20 military and stability operations in Afghanistan: Provided, 

21 That the Secretary of Defense shall provide quarterly re22 ports to the congressional defense committees regarding 

23 support provided under this section. 

24 SEC. 9007. None of the funds appropriated or other25 wise made available by this or any other Act shall be obliVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 gated or expended by the United States Government for 

2 a purpose as follows: 

3 (1) To establish any military installation or 

4 base for the purpose of providing for the permanent 

5 stationing of United States Armed Forces in Iraq. 

6 (2) To exercise United States control over any 

7 oil resource of Iraq. 

8 (3) To establish any military installation or 

9 base for the purpose of providing for the permanent 

10 stationing of United States Armed Forces in Af11 ghanistan. 

12 SEC. 9008. None of the funds made available in this 

13 Act may be used in contravention of the following laws 

14 enacted or regulations promulgated to implement the 

15 United Nations Convention Against Torture and Other 

16 Cruel, Inhuman or Degrading Treatment or Punishment 

17 (done at New York on December 10, 1984): 

18 (1) Section 2340A of title 18, United States 

19 Code. 

20 (2) Section 2242 of the Foreign Affairs Reform 

21 and Restructuring Act of 1998 (division G of Public 

22 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

23 note) and regulations prescribed thereto, including 

24 regulations under part 208 of title 8, Code of FedVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 eral Regulations, and part 95 of title 22, Code of 

2 Federal Regulations. 

3 (3) Sections 1002 and 1003 of the Department 

4 of Defense, Emergency Supplemental Appropriations 

5 to Address Hurricanes in the Gulf of Mexico, and 

6 Pandemic Influenza Act, 2006 (Public Law 109– 

7 148). 

8 SEC. 9009. None of the funds provided for the ‘‘Af9 ghanistan Security Forces Fund’’ (ASFF) may be obli10 gated prior to the approval of a financial and activity plan 

11 by the Afghanistan Resources Oversight Council (AROC) 

12 of the Department of Defense: Provided, That the AROC 

13 must approve the requirement and acquisition plan for any 

14 service requirements in excess of $50,000,000 annually 

15 and any non-standard equipment requirements in excess 

16 of $100,000,000 using ASFF: Provided further, That the 

17 AROC must approve all projects and the execution plan 

18 under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and 

19 any project in excess of $5,000,000 from the Commanders 

20 Emergency Response Program (CERP): Provided further, 

21 That the Department of Defense must certify to the con22 gressional defense committees that the AROC has con23 vened and approved a process for ensuring compliance 

24 with the requirements in the preceding provisos and acVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 companying report language for the ASFF, AIF, and 

2 CERP. 

3 SEC. 9010. Funds made available in this title to the 

4 Department of Defense for operation and maintenance 

5 may be used to purchase items having an investment unit 

6 cost of not more than $250,000: Provided, That, upon de7 termination by the Secretary of Defense that such action 

8 is necessary to meet the operational requirements of a 

9 Commander of a Combatant Command engaged in contin10 gency operations overseas, such funds may be used to pur11 chase items having an investment item unit cost of not 

12 more than $500,000. 

13 SEC. 9011. Notwithstanding any other provision of 

14 law, up to $93,000,000 of funds made available in this 

15 title under the heading ‘‘Operation and Maintenance, 

16 Army’’ may be obligated and expended for purposes of the 

17 Task Force for Business and Stability Operations, subject 

18 to the direction and control of the Secretary of Defense, 

19 with concurrence of the Secretary of State, to carry out 

20 strategic business and economic assistance activities in Af21 ghanistan in support of Operation Enduring Freedom: 

22 Provided, That not less than 15 days before making funds 

23 available pursuant to the authority provided in this section 

24 for any project with a total anticipated cost of $5,000,000 

25 or more, the Secretary shall submit to the congressional 


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1 defense committees a written notice containing a detailed 

2 justification and timeline for each proposed project. 

3 SEC. 9012. From funds made available to the De4 partment of Defense in this title under the heading ‘‘Oper5 ation and Maintenance, Air Force’’ up to $508,000,000 

6 may be used by the Secretary of Defense, notwithstanding 

7 any other provision of law, to support United States Gov8 ernment transition activities in Iraq by funding the oper9 ations and activities of the Office of Security Cooperation 

10 in Iraq and security assistance teams, including life sup11 port, transportation and personal security, and facilities 

12 renovation and construction: Provided, That to the extent 

13 authorized under the National Defense Authorization Act 

14 for Fiscal Year 2013, the operations and activities that 

15 may be carried out by the Office of Security Cooperation 

16 in Iraq may, with the concurrence of the Secretary of 

17 State, include non-operational training activities in sup18 port of Iraqi Ministry of Defense and Counter Terrorism 

19 Service personnel in an institutional environment to ad20 dress capability gaps, integrate processes relating to intel21 ligence, air sovereignty, combined arms, logistics and 

22 maintenance, and to manage and integrate defense-related 

23 institutions: Provided further, That not later than 30 days 

24 following the enactment of this Act, the Secretary of De25 fense and the Secretary of State shall submit to the conVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 gressional defense committees a plan for transitioning any 

2 such training activities that they determine are needed 

3 after the end of fiscal year 2013, to existing or new con4 tracts for the sale of defense articles or defense services 

5 consistent with the provisions of the Arms Export Control 

6 Act (22 U.S.C. 2751 et seq.): Provided further, That not 

7 less than 15 days before making funds available pursuant 

8 to the authority provided in this section, the Secretary of 

9 Defense shall submit to the congressional defense commit10 tees a written notification containing a detailed justifica11 tion and timeline for the operations and activities of the 

12 Office of Security Cooperation in Iraq at each site where 

13 such operations and activities will be conducted during fis14 cal year 2013. 

15 (RESCISSIONS)

16 SEC. 9013. Of the funds appropriated in Department 

17 of Defense Appropriations Acts, the following funds are 

18 hereby rescinded from the following accounts and pro19 grams in the specified amounts: Provided, That such 

20 amounts are designated by the Congress for Overseas 

21 Contingency Operations/Global War on Terrorism pursu22 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

23 and Emergency Deficit Control Act of 1985: 

24 ‘‘Retroactive Stop Loss Special Pay Program, 

25 2009/XXXX’’, $127,200,000; 


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1 ‘‘Afghanistan Security Forces Fund, 2012/ 

2 2013’’, $1,000,000,000; 

3 ‘‘Other Procurement, Army, 2012/2014’’, 

4 $207,600,000; 

5 ‘‘Procurement of Ammunition, Navy and Ma6 rine Corps, 2012/2014’’, $32,176,000; 

7 ‘‘Procurement, Marine Corps, 2012/2014’’, 

8 $2,776,000; 

9 ‘‘Mine Resistant Ambush Protected Vehicle 

10 Fund, 2012/2013’’, $400,000,000; 

11 ‘‘Research, Development, Test and Evaluation, 

12 Air Force, 2012/2013’’, $50,000,000; 

13 ‘‘Joint Improvised Explosive Device Defeat 

14 Fund, 2012/2014’’, $40,300,000. 

15 SEC. 9014. (a) None of the funds appropriated or 

16 otherwise made available by this Act under the heading 

17 ‘‘Operation and Maintenance, Defense-Wide’’ for pay18 ments under section 1233 of Public Law 110–181 for re19 imbursement to the Government of Pakistan may be made 

20 available unless the Secretary of Defense, in coordination 

21 with the Secretary of State, certifies to the Committees 

22 on Appropriations that the Government of Pakistan is— 

23 (1) cooperating with the United States in 

24 counterterrorism efforts against the Haqqani Net25 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 


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1 Jaish-e-Mohammed, Al Qaeda, and other domestic 

2 and foreign terrorist organizations, including taking 

3 steps to end support for such groups and prevent 

4 them from basing and operating in Pakistan and 

5 carrying out cross border attacks into neighboring 

6 countries; 

7 (2) not supporting terrorist activities against 

8 United States or coalition forces in Afghanistan, and 

9 Pakistan’s military and intelligence agencies are not 

10 intervening extra-judicially into political and judicial 

11 processes in Pakistan; 

12 (3) dismantling improvised explosive device 

13 (IED) networks and interdicting precursor chemicals 

14 used in the manufacture of IEDs; 

15 (4) preventing the proliferation of nuclear-re16 lated material and expertise; 

17 (5) issuing visas in a timely manner for United 

18 States visitors engaged in counterterrorism efforts 

19 and assistance programs in Pakistan; and 

20 (6) providing humanitarian organizations access 

21 to detainees, internally displaced persons, and other 

22 Pakistani civilians affected by the conflict. 

23 (b) The Secretary of Defense, in coordination with 

24 the Secretary of State, may waive the restriction in para25 graph (a) on a case-by-case basis by certifying in writing 


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1 to the Committees on Appropriations of the House of Rep2 resentatives and the Senate that it is in the national secu3 rity interest to do so: Provided, That if the Secretary of 

4 Defense, in coordination with the Secretary of State, exer5 cises the authority of the previous proviso, the Secretaries 

6 shall report to the Committees on Appropriations on both 

7 the justification for the waiver and on the requirements 

8 of this section that the Government of Pakistan was not 

9 able to meet: Provided further, That such report may be 

10 submitted in classified form if necessary. 

11 This division may be cited as the ‘‘Department of De12 fense Appropriations Act, 2013’’. 

13 DIVISION B—MILITARY CONSTRUCTION AND 

14 VETERANS AFFAIRS, AND RELATED AGEN15 CIES APPROPRIATIONS ACT, 2013 

16 TITLE I 

17 DEPARTMENT OF DEFENSE 

18 MILITARY CONSTRUCTION, ARMY

19 For acquisition, construction, installation, and equip20 ment of temporary or permanent public works, military 

21 installations, facilities, and real property for the Army as 

22 currently authorized by law, including personnel in the 

23 Army Corps of Engineers and other personal services nec24 essary for the purposes of this appropriation, and for con25 struction and operation of facilities in support of the funcVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 tions of the Commander in Chief, $1,684,323,000, to re2 main available until September 30, 2017: Provided, That 

3 of this amount, not to exceed $80,173,000 shall be avail4 able for study, planning, design, architect and engineer 

5 services, and host nation support, as authorized by law, 

6 unless the Secretary of Army determines that additional 

7 obligations are necessary for such purposes and notifies 

8 the Committees on Appropriations of both Houses of Con9 gress of the determination and the reasons therefor. 

10 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

11 For acquisition, construction, installation, and equip12 ment of temporary or permanent public works, naval in13 stallations, facilities, and real property for the Navy and 

14 Marine Corps as currently authorized by law, including 

15 personnel in the Naval Facilities Engineering Command 

16 and other personal services necessary for the purposes of 

17 this appropriation, $1,549,164,000, to remain available 

18 until September 30, 2017: Provided, That of this amount, 

19 not to exceed $102,619,000 shall be available for study, 

20 planning, design, and architect and engineer services, as 

21 authorized by law, unless the Secretary of Navy deter22 mines that additional obligations are necessary for such 

23 purposes and notifies the Committees on Appropriations 

24 of both Houses of Congress of the determination and the 

25 reasons therefor. 


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1 MILITARY CONSTRUCTION, AIR FORCE

2 For acquisition, construction, installation, and equip3 ment of temporary or permanent public works, military 

4 installations, facilities, and real property for the Air Force 

5 as currently authorized by law, $322,543,000, to remain 

6 available until September 30, 2017: Provided, That of this 

7 amount, not to exceed $18,635,000 shall be available for 

8 study, planning, design, and architect and engineer serv9 ices, as authorized by law, unless the Secretary of Air 

10 Force determines that additional obligations are necessary 

11 for such purposes and notifies the Committees on Appro12 priations of both Houses of Congress of the determination 

13 and the reasons therefor. 

14 MILITARY CONSTRUCTION, DEFENSE-WIDE

15 (INCLUDING TRANSFER OF FUNDS)

16 For acquisition, construction, installation, and equip17 ment of temporary or permanent public works, installa18 tions, facilities, and real property for activities and agen19 cies of the Department of Defense (other than the military 

20 departments), as currently authorized by law, 

21 $3,582,423,000, to remain available until September 30, 

22 2017: Provided, That such amounts of this appropriation 

23 as may be determined by the Secretary of Defense may 

24 be transferred to such appropriations of the Department 

25 of Defense available for military construction or family 


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1 housing as the Secretary may designate, to be merged with 

2 and to be available for the same purposes, and for the 

3 same time period, as the appropriation or fund to which 

4 transferred: Provided further, That of the amount appro5 priated, not to exceed $315,562,000 shall be available for 

6 study, planning, design, and architect and engineer serv7 ices, as authorized by law, unless the Secretary of Defense 

8 determines that additional obligations are necessary for 

9 such purposes and notifies the Committees on Appropria10 tions of both Houses of Congress of the determination and 

11 the reasons therefor: Provided further, That of the amount 

12 appropriated, notwithstanding any other provision of law, 

13 $26,969,000 shall be available for payments to the North 

14 Atlantic Treaty Organization for the planning, design, and 

15 construction of a new North Atlantic Treaty Organization 

16 headquarters. 

17 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

18 For construction, acquisition, expansion, rehabilita19 tion, and conversion of facilities for the training and ad20 ministration of the Army National Guard, and contribu21 tions therefor, as authorized by chapter 1803 of title 10, 

22 United States Code, and Military Construction Authoriza23 tion Acts, $613,799,000, to remain available until Sep24 tember 30, 2017: Provided, That of the amount appro25 priated, not to exceed $26,622,000 shall be available for 


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1 study, planning, design, and architect and engineer serv2 ices, as authorized by law, unless the Director of the Army 

3 National Guard determines that additional obligations are 

4 necessary for such purposes and notifies the Committees 

5 on Appropriations of both Houses of Congress of the de6 termination and the reasons therefor. 

7 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

8 For construction, acquisition, expansion, rehabilita9 tion, and conversion of facilities for the training and ad10 ministration of the Air National Guard, and contributions 

11 therefor, as authorized by chapter 1803 of title 10, United 

12 States Code, and Military Construction Authorization 

13 Acts, $42,386,000, to remain available until September 

14 30, 2017: Provided, That of the amount appropriated, not 

15 to exceed $4,000,000 shall be available for study, plan16 ning, design, and architect and engineer services, as au17 thorized by law, unless the Director of the Air National 

18 Guard determines that additional obligations are nec19 essary for such purposes and notifies the Committees on 

20 Appropriations of both Houses of Congress of the deter21 mination and the reasons therefor. 

22 MILITARY CONSTRUCTION, ARMY RESERVE

23 For construction, acquisition, expansion, rehabilita24 tion, and conversion of facilities for the training and ad25 ministration of the Army Reserve as authorized by chapter 


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1 1803 of title 10, United States Code, and Military Con2 struction Authorization Acts, $305,846,000, to remain 

3 available until September 30, 2017: Provided, That of the 

4 amount appropriated, not to exceed $15,951,000 shall be 

5 available for study, planning, design, and architect and en6 gineer services, as authorized by law, unless the Chief of 

7 the Army Reserve determines that additional obligations 

8 are necessary for such purposes and notifies the Commit9 tees on Appropriations of both Houses of Congress of the 

10 determination and the reasons therefor. 

11 MILITARY CONSTRUCTION, NAVY RESERVE

12 For construction, acquisition, expansion, rehabilita13 tion, and conversion of facilities for the training and ad14 ministration of the reserve components of the Navy and 

15 Marine Corps as authorized by chapter 1803 of title 10, 

16 United States Code, and Military Construction Authoriza17 tion Acts, $49,532,000, to remain available until Sep18 tember 30, 2017: Provided, That of the amount appro19 priated, not to exceed $2,118,000 shall be available for 

20 study, planning, design, and architect and engineer serv21 ices, as authorized by law, unless the Secretary of the 

22 Navy determines that additional obligations are necessary 

23 for such purposes and notifies the Committees on Appro24 priations of both Houses of Congress of the determination 

25 and the reasons therefor. 


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1 MILITARY CONSTRUCTION, AIR FORCE RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Air Force Reserve as authorized by 

5 chapter 1803 of title 10, United States Code, and Military 

6 Construction Authorization Acts, $10,979,000, to remain 

7 available until September 30, 2017: Provided, That of the 

8 amount appropriated, not to exceed $2,879,000 shall be 

9 available for study, planning, design, and architect and en10 gineer services, as authorized by law, unless the Chief of 

11 the Air Force Reserve determines that additional obliga12 tions are necessary for such purposes and notifies the 

13 Committees on Appropriations of both Houses of Congress 

14 of the determination and the reasons therefor. 

15 NORTH ATLANTIC TREATY ORGANIZATION

16 SECURITY INVESTMENT PROGRAM

17 For the United States share of the cost of the North 

18 Atlantic Treaty Organization Security Investment Pro19 gram for the acquisition and construction of military fa20 cilities and installations (including international military 

21 headquarters) and for related expenses for the collective 

22 defense of the North Atlantic Treaty Area as authorized 

23 by section 2806 of title 10, United States Code, and Mili24 tary Construction Authorization Acts, $254,163,000, to 

25 remain available until expended. 


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1 FAMILY HOUSING CONSTRUCTION, ARMY

2 For expenses of family housing for the Army for con3 struction, including acquisition, replacement, addition, ex4 pansion, extension, and alteration, as authorized by law, 

5 $4,641,000, to remain available until September 30, 2017. 

6 FAMILY HOUSING OPERATION AND MAINTENANCE, 

7 ARMY

8 For expenses of family housing for the Army for op9 eration and maintenance, including debt payment, leasing, 

10 minor construction, principal and interest charges, and in11 surance premiums, as authorized by law, $530,051,000. 

12 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

13 CORPS

14 For expenses of family housing for the Navy and Ma15 rine Corps for construction, including acquisition, replace16 ment, addition, expansion, extension, and alteration, as 

17 authorized by law, $102,182,000, to remain available until 

18 September 30, 2017. 

19 FAMILY HOUSING OPERATION AND MAINTENANCE, 

20 NAVY AND MARINE CORPS

21 For expenses of family housing for the Navy and Ma22 rine Corps for operation and maintenance, including debt 

23 payment, leasing, minor construction, principal and inter24 est charges, and insurance premiums, as authorized by 

25 law, $378,230,000. 


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1 FAMILY HOUSING CONSTRUCTION, AIR FORCE

2 For expenses of family housing for the Air Force for 

3 construction, including acquisition, replacement, addition, 

4 expansion, extension, and alteration, as authorized by law, 

5 $83,824,000, to remain available until September 30, 

6 2017. 

7 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

8 FORCE

9 For expenses of family housing for the Air Force for 

10 operation and maintenance, including debt payment, leas11 ing, minor construction, principal and interest charges, 

12 and insurance premiums, as authorized by law, 

13 $497,829,000. 

14 FAMILY HOUSING OPERATION AND MAINTENANCE, 

15 DEFENSE-WIDE

16 For expenses of family housing for the activities and 

17 agencies of the Department of Defense (other than the 

18 military departments) for operation and maintenance, 

19 leasing, and minor construction, as authorized by law, 

20 $52,238,000. 

21 DEPARTMENT OF DEFENSE FAMILY HOUSING

22 IMPROVEMENT FUND

23 For the Department of Defense Family Housing Im24 provement Fund, $1,786,000, to remain available until ex25 pended, for family housing initiatives undertaken pursuVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 ant to section 2883 of title 10, United States Code, pro2 viding alternative means of acquiring and improving mili3 tary family housing and supporting facilities. 

4 CHEMICAL DEMILITARIZATION CONSTRUCTION, 

5 DEFENSE-WIDE

6 For expenses of construction, not otherwise provided 

7 for, necessary for the destruction of the United States 

8 stockpile of lethal chemical agents and munitions in ac9 cordance with section 1412 of the Department of Defense 

10 Authorization Act, 1986 (50 U.S.C. 1521), and for the 

11 destruction of other chemical warfare materials that are 

12 not in the chemical weapon stockpile, as currently author13 ized by law, $151,000,000, to remain available until Sep14 tember 30, 2017, which shall be only for the Assembled 

15 Chemical Weapons Alternatives program. 

16 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

17 1990 

18 For deposit into the Department of Defense Base 

19 Closure Account 1990, established by section 2906(a)(1) 

20 of the Defense Base Closure and Realignment Act of 1990 

21 (10 U.S.C. 2687 note), $409,396,000, to remain available 

22 until expended. 


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1 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

2 2005 

3 For deposit into the Department of Defense Base 

4 Closure Account 2005, established by section 2906A(a)(1) 

5 of the Defense Base Closure and Realignment Act of 1990 

6 (10 U.S.C. 2687 note), $126,697,000, to remain available 

7 until expended: Provided, That the Department of Defense 

8 shall notify the Committees on Appropriations of both 

9 Houses of Congress 14 days prior to obligating an amount 

10 for a construction project that exceeds or reduces the 

11 amount identified for that project in the most recently 

12 submitted budget request for this account by 20 percent 

13 or $2,000,000, whichever is less: Provided further, That 

14 the previous proviso shall not apply to projects costing less 

15 than $5,000,000, except for those projects not previously 

16 identified in any budget submission for this account and 

17 exceeding the minor construction threshold under section 

18 2805 of title 10, United States Code. 

19 ADMINISTRATIVE PROVISIONS

20 SEC. 101. None of the funds made available in this 

21 title shall be expended for payments under a cost-plus-a22 fixed-fee contract for construction, where cost estimates 

23 exceed $25,000, to be performed within the United States, 

24 except Alaska, without the specific approval in writing of 


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1 the Secretary of Defense setting forth the reasons there2 for. 

3 SEC. 102. Funds made available in this title for con4 struction shall be available for hire of passenger motor ve5 hicles. 

6 SEC. 103. Funds made available in this title for con7 struction may be used for advances to the Federal High8 way Administration, Department of Transportation, for 

9 the construction of access roads as authorized by section 

10 210 of title 23, United States Code, when projects author11 ized therein are certified as important to the national de12 fense by the Secretary of Defense. 

13 SEC. 104. None of the funds made available in this 

14 title may be used to begin construction of new bases in 

15 the United States for which specific appropriations have 

16 not been made. 

17 SEC. 105. None of the funds made available in this 

18 title shall be used for purchase of land or land easements 

19 in excess of 100 percent of the value as determined by 

20 the Army Corps of Engineers or the Naval Facilities Engi21 neering Command, except: (1) where there is a determina22 tion of value by a Federal court; (2) purchases negotiated 

23 by the Attorney General or the designee of the Attorney 

24 General; (3) where the estimated value is less than 


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1 $25,000; or (4) as otherwise determined by the Secretary 

2 of Defense to be in the public interest. 

3 SEC. 106. None of the funds made available in this 

4 title shall be used to: (1) acquire land; (2) provide for site 

5 preparation; or (3) install utilities for any family housing, 

6 except housing for which funds have been made available 

7 in annual Acts making appropriations for military con8 struction. 

9 SEC. 107. None of the funds made available in this 

10 title for minor construction may be used to transfer or 

11 relocate any activity from one base or installation to an12 other, without prior notification to the Committees on Ap13 propriations of both Houses of Congress. 

14 SEC. 108. None of the funds made available in this 

15 title may be used for the procurement of steel for any con16 struction project or activity for which American steel pro17 ducers, fabricators, and manufacturers have been denied 

18 the opportunity to compete for such steel procurement. 

19 SEC. 109. None of the funds available to the Depart20 ment of Defense for military construction or family hous21 ing during the current fiscal year may be used to pay real 

22 property taxes in any foreign nation. 

23 SEC. 110. None of the funds made available in this 

24 title may be used to initiate a new installation overseas 


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1 without prior notification to the Committees on Appro2 priations of both Houses of Congress. 

3 SEC. 111. None of the funds made available in this 

4 title may be obligated for architect and engineer contracts 

5 estimated by the Government to exceed $500,000 for 

6 projects to be accomplished in Japan, in any North Atlan7 tic Treaty Organization member country, or in countries 

8 bordering the Arabian Sea, unless such contracts are 

9 awarded to United States firms or United States firms 

10 in joint venture with host nation firms. 

11 SEC. 112. None of the funds made available in this 

12 title for military construction in the United States terri13 tories and possessions in the Pacific and on Kwajalein 

14 Atoll, or in countries bordering the Arabian Sea, may be 

15 used to award any contract estimated by the Government 

16 to exceed $1,000,000 to a foreign contractor: Provided, 

17 That this section shall not be applicable to contract 

18 awards for which the lowest responsive and responsible bid 

19 of a United States contractor exceeds the lowest respon20 sive and responsible bid of a foreign contractor by greater 

21 than 20 percent: Provided further, That this section shall 

22 not apply to contract awards for military construction on 

23 Kwajalein Atoll for which the lowest responsive and re24 sponsible bid is submitted by a Marshallese contractor. 


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1 SEC. 113. The Secretary of Defense shall inform the 

2 appropriate committees of both Houses of Congress, in3 cluding the Committees on Appropriations, of plans and 

4 scope of any proposed military exercise involving United 

5 States personnel 30 days prior to its occurring, if amounts 

6 expended for construction, either temporary or permanent, 

7 are anticipated to exceed $100,000. 

8 SEC. 114. Funds appropriated to the Department of 

9 Defense for construction in prior years shall be available 

10 for construction authorized for each such military depart11 ment by the authorizations enacted into law during the 

12 current session of Congress. 

13 SEC. 115. Not more than 20 percent of the funds 

14 made available in this title which are limited for obligation 

15 during the current fiscal year shall be obligated during 

16 the last 2 months of the fiscal year. 

17 SEC. 116. For military construction or family housing 

18 projects that are being completed with funds otherwise ex19 pired or lapsed for obligation, expired or lapsed funds may 

20 be used to pay the cost of associated supervision, inspec21 tion, overhead, engineering and design on those projects 

22 and on subsequent claims, if any. 

23 SEC. 117. Notwithstanding any other provision of 

24 law, any funds made available to a military department 

25 or defense agency for the construction of military projects 


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1 may be obligated for a military construction project or 

2 contract, or for any portion of such a project or contract, 

3 at any time before the end of the fourth fiscal year after 

4 the fiscal year for which funds for such project were made 

5 available, if the funds obligated for such project: (1) are 

6 obligated from funds available for military construction 

7 projects; and (2) do not exceed the amount appropriated 

8 for such project, plus any amount by which the cost of 

9 such project is increased pursuant to law. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 118. In addition to any other transfer authority 

12 available to the Department of Defense, proceeds depos13 ited to the Department of Defense Base Closure Account 

14 established by section 207(a)(1) of the Defense Authoriza15 tion Amendments and Base Closure and Realignment Act 

16 (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 

17 of such Act, may be transferred to the account established 

18 by section 2906(a)(1) of the Defense Base Closure and 

19 Realignment Act of 1990 (10 U.S.C. 2687 note), to be 

20 merged with, and to be available for the same purposes 

21 and the same time period as that account. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 119. Subject to 30 days prior notification, or 

24 14 days for a notification provided in an electronic me25 dium pursuant to sections 480 and 2883 of title 10, 


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1 United States Code, to the Committees on Appropriations 

2 of both Houses of Congress, such additional amounts as 

3 may be determined by the Secretary of Defense may be 

4 transferred to: (1) the Department of Defense Family 

5 Housing Improvement Fund from amounts appropriated 

6 for construction in ‘‘Family Housing’’ accounts, to be 

7 merged with and to be available for the same purposes 

8 and for the same period of time as amounts appropriated 

9 directly to the Fund; or (2) the Department of Defense 

10 Military Unaccompanied Housing Improvement Fund 

11 from amounts appropriated for construction of military 

12 unaccompanied housing in ‘‘Military Construction’’ ac13 counts, to be merged with and to be available for the same 

14 purposes and for the same period of time as amounts ap15 propriated directly to the Fund: Provided, That appropria16 tions made available to the Funds shall be available to 

17 cover the costs, as defined in section 502(5) of the Con18 gressional Budget Act of 1974, of direct loans or loan 

19 guarantees issued by the Department of Defense pursuant 

20 to the provisions of subchapter IV of chapter 169 of title 

21 10, United States Code, pertaining to alternative means 

22 of acquiring and improving military family housing, mili23 tary unaccompanied housing, and supporting facilities. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 120. In addition to any other transfer authority 

3 available to the Department of Defense, amounts may be 

4 transferred from the accounts established by sections 

5 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

6 and Realignment Act of 1990 (10 U.S.C. 2687 note), to 

7 the fund established by section 1013(d) of the Demonstra8 tion Cities and Metropolitan Development Act of 1966 (42 

9 U.S.C. 3374) to pay for expenses associated with the 

10 Homeowners Assistance Program incurred under 42 

11 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be 

12 merged with and be available for the same purposes and 

13 for the same time period as the fund to which transferred. 

14 SEC. 121. Notwithstanding any other provision of 

15 law, funds made available in this title for operation and 

16 maintenance of family housing shall be the exclusive 

17 source of funds for repair and maintenance of all family 

18 housing units, including general or flag officer quarters: 

19 Provided, That not more than $35,000 per unit may be 

20 spent annually for the maintenance and repair of any gen21 eral or flag officer quarters without 30 days prior notifica22 tion, or 14 days for a notification provided in an electronic 

23 medium pursuant to sections 480 and 2883 of title 10, 

24 United States Code, to the Committees on Appropriations 

25 of both Houses of Congress, except that an after-the-fact 


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1 notification shall be submitted if the limitation is exceeded 

2 solely due to costs associated with environmental remedi3 ation that could not be reasonably anticipated at the time 

4 of the budget submission: Provided further, That the 

5 Under Secretary of Defense (Comptroller) is to report an6 nually to the Committees on Appropriations of both 

7 Houses of Congress all operation and maintenance ex8 penditures for each individual general or flag officer quar9 ters for the prior fiscal year. 

10 SEC. 122. Amounts contained in the Ford Island Im11 provement Account established by subsection (h) of sec12 tion 2814 of title 10, United States Code, are appro13 priated and shall be available until expended for the pur14 poses specified in subsection (i)(1) of such section or until 

15 transferred pursuant to subsection (i)(3) of such section. 

16 SEC. 123. None of the funds made available in this 

17 title, or in any Act making appropriations for military con18 struction which remain available for obligation, may be ob19 ligated or expended to carry out a military construction, 

20 land acquisition, or family housing project at or for a mili21 tary installation approved for closure, or at a military in22 stallation for the purposes of supporting a function that 

23 has been approved for realignment to another installation, 

24 in 2005 under the Defense Base Closure and Realignment 

25 Act of 1990 (part A of title XXIX of Public Law 101– 


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1 510; 10 U.S.C. 2687 note), unless such a project at a mili2 tary installation approved for realignment will support a 

3 continuing mission or function at that installation or a 

4 new mission or function that is planned for that installa5 tion, or unless the Secretary of Defense certifies that the 

6 cost to the United States of carrying out such project 

7 would be less than the cost to the United States of cancel8 ling such project, or if the project is at an active compo9 nent base that shall be established as an enclave or in the 

10 case of projects having multi-agency use, that another 

11 Government agency has indicated it will assume ownership 

12 of the completed project. The Secretary of Defense may 

13 not transfer funds made available as a result of this limi14 tation from any military construction project, land acquisi15 tion, or family housing project to another account or use 

16 such funds for another purpose or project without the 

17 prior approval of the Committees on Appropriations of 

18 both Houses of Congress. This section shall not apply to 

19 military construction projects, land acquisition, or family 

20 housing projects for which the project is vital to the na21 tional security or the protection of health, safety, or envi22 ronmental quality: Provided, That the Secretary of De23 fense shall notify the congressional defense committees 

24 within seven days of a decision to carry out such a military 

25 construction project. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 124. During the 5-year period after appropria3 tions available in this Act to the Department of Defense 

4 for military construction and family housing operation and 

5 maintenance and construction have expired for obligation, 

6 upon a determination that such appropriations will not be 

7 necessary for the liquidation of obligations or for making 

8 authorized adjustments to such appropriations for obliga9 tions incurred during the period of availability of such ap10 propriations, unobligated balances of such appropriations 

11 may be transferred into the appropriation ‘‘Foreign Cur12 rency Fluctuations, Construction, Defense’’, to be merged 

13 with and to be available for the same time period and for 

14 the same purposes as the appropriation to which trans15 ferred. 

16 SEC. 125. None of the funds made available by this 

17 Act may be used by the Secretary of Defense to take bene18 ficial occupancy of more than 2,500 parking spaces (other 

19 than handicap-reserved spaces) to be provided by the 

20 BRAC 133 project: Provided, That this limitation may be 

21 waived in part if: (1) the Secretary of Defense certifies 

22 to Congress that levels of service at existing intersections 

23 in the vicinity of the project have not experienced failing 

24 levels of service as defined by the Transportation Research 

25 Board Highway Capacity Manual over a consecutive 90- 


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1 day period; (2) the Department of Defense and the Vir2 ginia Department of Transportation agree on the number 

3 of additional parking spaces that may be made available 

4 to employees of the facility subject to continued 90-day 

5 traffic monitoring; and (3) the Secretary of Defense noti6 fies the congressional defense committees in writing at 

7 least 14 days prior to exercising this waiver of the number 

8 of additional parking spaces to be made available. 

9 SEC. 126. None of the funds made available by this 

10 Act may be used for any action that relates to or promotes 

11 the expansion of the boundaries or size of the Pinon Can12 yon Maneuver Site, Colorado. 

13 SEC. 127. Amounts appropriated or otherwise made 

14 available in an account funded under the headings in this 

15 title may be transferred among projects and activities 

16 within the account in accordance with the reprogramming 

17 guidelines for military construction and family housing 

18 construction contained in Department of Defense Finan19 cial Management Regulation 7000.14–R, Volume 3, Chap20 ter 7, of February 2009, as in effect on the date of enact21 ment of this Act. 

22 SEC. 128. (a) Except as provided in subsection (b), 

23 none of the funds made available in this Act may be used 

24 by the Secretary of the Army to relocate a unit in the 

25 Army that— 


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1 (1) performs a testing mission or function that 

2 is not performed by any other unit in the Army and 

3 is specifically stipulated in title 10, United States 

4 Code; and 

5 (2) is located at a military installation at which 

6 the total number of civilian employees of the Depart7 ment of the Army and Army contractor personnel 

8 employed exceeds 10 percent of the total number of 

9 members of the regular and reserve components of 

10 the Army assigned to the installation. 

11 (b) EXCEPTION.—Subsection (a) shall not apply if 

12 the Secretary of the Army certifies to the congressional 

13 defense committees that in proposing the relocation of the 

14 unit of the Army, the Secretary complied with Army Regu15 lation 5–10 relating to the policy, procedures, and respon16 sibilities for Army stationing actions. 

17 SEC. 129. Notwithstanding any other provision of 

18 law, none of the funds made available to the Department 

19 of Defense for military construction in this or any other 

20 Act, may be obligated or expended for planning and design 

21 and construction of projects at Arlington National Ceme22 tery. 

23 (INCLUDING RESCISSION OF FUNDS)

24 SEC. 130. Of the unobligated balances available for 

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1 priations Acts, $20,000,000 are hereby cancelled: Pro2 vided, That no amounts may be cancelled from amounts 

3 that were designated by Congress as an emergency re4 quirement or for Overseas Contingency Operations/Global 

5 War on Terrorism pursuant to the Concurrent Resolution 

6 on the Budget or the Balanced Budget and Emergency 

7 Deficit Control Act of 1985, as amended. 

8 (INCLUDING RESCISSION OF FUNDS)

9 SEC. 131. Of the unobligated balances available for 

10 ‘‘Department of Defense Base Closure Account 2005’’, 

11 from prior appropriations Acts, $132,513,000 are hereby 

12 cancelled: Provided, That no amounts may be cancelled 

13 from amounts that were designated by Congress as an 

14 emergency requirement or for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to the Concur16 rent Resolution on the Budget or the Balanced Budget 

17 and Emergency Deficit Control Act of 1985, as amended. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 132. Of the proceeds credited to the Depart20 ment of Defense Family Housing Improvement Fund pur21 suant to subsection (c)(1)(C) of section 2883 of title 10, 

22 United States Code, from a Department of Navy land con23 veyance, the Secretary of Defense shall transfer 

24 $10,500,000 to the Secretary of the Navy under para25 graph (3) of subsection (d) of such section for use by the 


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1 Secretary of the Navy as provided in paragraph (1) of 

2 such subsection until expended. 

3 TITLE II 

4 DEPARTMENT OF VETERANS AFFAIRS 

5 VETERANS BENEFITS ADMINISTRATION

6 COMPENSATION AND PENSIONS

7 (INCLUDING TRANSFER OF FUNDS)

8 For the payment of compensation benefits to or on 

9 behalf of veterans and a pilot program for disability ex10 aminations as authorized by section 107 and chapters 11, 

11 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 

12 pension benefits to or on behalf of veterans as authorized 

13 by chapters 15, 51, 53, 55, and 61 of title 38, United 

14 States Code; and burial benefits, the Reinstated Entitle15 ment Program for Survivors, emergency and other offi16 cers’ retirement pay, adjusted-service credits and certifi17 cates, payment of premiums due on commercial life insur18 ance policies guaranteed under the provisions of title IV 

19 of the Servicemembers Civil Relief Act (50 U.S.C. App. 

20 541 et seq.) and for other benefits as authorized by sec21 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 

22 53, 55, and 61 of title 38, United States Code, 

23 $60,599,855,000, to remain available until expended: Pro24 vided, That not to exceed $9,204,000 of the amount ap25 propriated under this heading shall be reimbursed to 


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1 ‘‘General operating expenses, Veterans Benefits Adminis2 tration’’, ‘‘Medical support and compliance’’, and ‘‘Infor3 mation technology systems’’ for necessary expenses in im4 plementing the provisions of chapters 51, 53, and 55 of 

5 title 38, United States Code, the funding source for which 

6 is specifically provided as the ‘‘Compensation and pen7 sions’’ appropriation: Provided further, That such sums as 

8 may be earned on an actual qualifying patient basis, shall 

9 be reimbursed to ‘‘Medical care collections fund’’ to aug10 ment the funding of individual medical facilities for nurs11 ing home care provided to pensioners as authorized. 

12 READJUSTMENT BENEFITS

13 For the payment of readjustment and rehabilitation 

14 benefits to or on behalf of veterans as authorized by chap15 ters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 

16 61 of title 38, United States Code, and for the payment 

17 of benefits under the Veterans Retraining Assistance Pro18 gram, $12,023,458,000, to remain available until ex19 pended: Provided, That expenses for rehabilitation pro20 gram services and assistance which the Secretary is au21 thorized to provide under subsection (a) of section 3104 

22 of title 38, United States Code, other than under para23 graphs (1), (2), (5), and (11) of that subsection, shall be 

24 charged to this account. 


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1 VETERANS INSURANCE AND INDEMNITIES

2 For military and naval insurance, national service life 

3 insurance, servicemen’s indemnities, service-disabled vet4 erans insurance, and veterans mortgage life insurance as 

5 authorized by chapters 19 and 21, title 38, United States 

6 Code, $104,600,000, to remain available until expended. 

7 VETERANS HOUSING BENEFIT PROGRAM FUND

8 For the cost of direct and guaranteed loans, such 

9 sums as may be necessary to carry out the program, as 

10 authorized by subchapters I through III of chapter 37 of 

11 title 38, United States Code: Provided, That such costs, 

12 including the cost of modifying such loans, shall be as de13 fined in section 502 of the Congressional Budget Act of 

14 1974: Provided further, That during fiscal year 2013, 

15 within the resources available, not to exceed $500,000 in 

16 gross obligations for direct loans are authorized for spe17 cially adapted housing loans. 

18 In addition, for administrative expenses to carry out 

19 the direct and guaranteed loan programs, $157,814,000. 

20 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

21 For the cost of direct loans, $19,000, as authorized 

22 by chapter 31 of title 38, United States Code: Provided, 

23 That such costs, including the cost of modifying such 

24 loans, shall be as defined in section 502 of the Congres25 sional Budget Act of 1974: Provided further, That funds 


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1 made available under this heading are available to sub2 sidize gross obligations for the principal amount of direct 

3 loans not to exceed $2,729,000. 

4 In addition, for administrative expenses necessary to 

5 carry out the direct loan program, $346,000, which may 

6 be paid to the appropriation for ‘‘General operating ex7 penses, Veterans Benefits Administration’’. 

8 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

9 ACCOUNT

10 For administrative expenses to carry out the direct 

11 loan program authorized by subchapter V of chapter 37 

12 of title 38, United States Code, $1,089,000. 

13 VETERANS HEALTH ADMINISTRATION

14 MEDICAL SERVICES

15 For necessary expenses for furnishing, as authorized 

16 by law, inpatient and outpatient care and treatment to 

17 beneficiaries of the Department of Veterans Affairs and 

18 veterans described in section 1705(a) of title 38, United 

19 States Code, including care and treatment in facilities not 

20 under the jurisdiction of the Department, and including 

21 medical supplies and equipment, bioengineering services, 

22 food services, and salaries and expenses of healthcare em23 ployees hired under title 38, United States Code, aid to 

24 State homes as authorized by section 1741 of title 38, 

25 United States Code, assistance and support services for 


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1 caregivers as authorized by section 1720G of title 38, 

2 United States Code, loan repayments authorized by sec3 tion 604 of the Caregivers and Veterans Omnibus Health 

4 Services Act of 2010 (Public Law 111–163; 124 Stat. 

5 1174; 38 U.S.C. 7681 note), and hospital care and med6 ical services authorized by section 1787 of title 38, United 

7 States Code; $155,000,000, which shall be in addition to 

8 funds previously appropriated under this heading that be9 come available on October 1, 2012; and in addition, 

10 $43,557,000,000, plus reimbursements, shall become 

11 available on October 1, 2013, and shall remain available 

12 until September 30, 2014: Provided, That notwithstanding 

13 any other provision of law, the Secretary of Veterans Af14 fairs shall establish a priority for the provision of medical 

15 treatment for veterans who have service-connected disabil16 ities, lower income, or have special needs: Provided further, 

17 That notwithstanding any other provision of law, the Sec18 retary of Veterans Affairs shall give priority funding for 

19 the provision of basic medical benefits to veterans in en20 rollment priority groups 1 through 6: Provided further, 

21 That notwithstanding any other provision of law, the Sec22 retary of Veterans Affairs may authorize the dispensing 

23 of prescription drugs from Veterans Health Administra24 tion facilities to enrolled veterans with privately written 

25 prescriptions based on requirements established by the 


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1 Secretary: Provided further, That the implementation of 

2 the program described in the previous proviso shall incur 

3 no additional cost to the Department of Veterans Affairs. 

4 MEDICAL SUPPORT AND COMPLIANCE

5 For necessary expenses in the administration of the 

6 medical, hospital, nursing home, domiciliary, construction, 

7 supply, and research activities, as authorized by law; ad8 ministrative expenses in support of capital policy activi9 ties; and administrative and legal expenses of the Depart10 ment for collecting and recovering amounts owed the De11 partment as authorized under chapter 17 of title 38, 

12 United States Code, and the Federal Medical Care Recov13 ery Act (42 U.S.C. 2651 et seq.); $6,033,000,000, plus 

14 reimbursements, shall become available on October 1, 

15 2013, and shall remain available until September 30, 

16 2014. 

17 MEDICAL FACILITIES

18 For necessary expenses for the maintenance and op19 eration of hospitals, nursing homes, domiciliary facilities, 

20 and other necessary facilities of the Veterans Health Ad21 ministration; for administrative expenses in support of 

22 planning, design, project management, real property ac23 quisition and disposition, construction, and renovation of 

24 any facility under the jurisdiction or for the use of the 

25 Department; for oversight, engineering, and architectural 


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1 activities not charged to project costs; for repairing, alter2 ing, improving, or providing facilities in the several hos3 pitals and homes under the jurisdiction of the Depart4 ment, not otherwise provided for, either by contract or by 

5 the hire of temporary employees and purchase of mate6 rials; for leases of facilities; and for laundry services, 

7 $4,872,000,000, plus reimbursements, shall become avail8 able on October 1, 2013, and shall remain available until 

9 September 30, 2014. 

10 MEDICAL AND PROSTHETIC RESEARCH

11 For necessary expenses in carrying out programs of 

12 medical and prosthetic research and development as au13 thorized by chapter 73 of title 38, United States Code, 

14 $582,674,000, plus reimbursements, shall remain avail15 able until September 30, 2014. 

16 NATIONAL CEMETERY ADMINISTRATION

17 For necessary expenses of the National Cemetery Ad18 ministration for operations and maintenance, not other19 wise provided for, including uniforms or allowances there20 for; cemeterial expenses as authorized by law; purchase 

21 of one passenger motor vehicle for use in cemeterial oper22 ations; hire of passenger motor vehicles; and repair, alter23 ation or improvement of facilities under the jurisdiction 

24 of the National Cemetery Administration, $258,284,000, 

25 of which not to exceed $25,828,000 shall remain available 


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1 until September 30, 2014: Provided, That none of the 

2 funds under this heading may be used to expand the 

3 Urban Initiative project beyond those sites outlined in the 

4 fiscal year 2012 or previous budget submissions or any 

5 other rural strategy, other than the Rural Initiative in6 cluded in the fiscal year 2013 budget submission, until 

7 the Secretary of Veterans Affairs submits to the Commit8 tees on Appropriations of both Houses of Congress a strat9 egy to serve the burial needs of veterans residing in rural 

10 and highly rural areas and that strategy has been ap11 proved by the Committees: Provided further, That the 

12 strategy shall include: (1) A review of previous policies of 

13 the National Cemetery Administration regarding estab14 lishment of new national cemeteries, including whether the 

15 guidelines of the Administration for establishing national 

16 cemetery annexes remain valid; (2) Data identifying the 

17 number of and geographic areas where rural veterans are 

18 not currently served by national or existing State ceme19 teries and identification of areas with the largest unserved 

20 populations, broken down by veterans residing in urban 

21 versus rural and highly rural; (3) Identification of the 

22 number of veterans who reside within the 75-mile radius 

23 of a cemetery that is limited to cremations or of a State 

24 cemetery which has residency restrictions, as well as an 

25 examination of how many communities that fall under a 


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1 75-mile radius have an actual driving distance greater 

2 than 75 miles; (4) Reassessment of the gaps in service, 

3 factoring in the above conditions that limit rural and high4 ly rural veteran burial options; (5) An assessment of the 

5 adequacy of the policy of the Administration on estab6 lishing new cemeteries proposed in the fiscal year 2013 

7 budget request; (6) Recommendations for an appropriate 

8 policy on new national cemeteries to serve rural or highly 

9 rural areas; (7) Development of a national map showing 

10 the locations and number of all unserved veterans; and 

11 (8) A time line for the implementation of such strategy 

12 and cost estimates for using the strategy to establish new 

13 burial sites in at least five rural or highly rural locations: 

14 Provided further, That the Comptroller General of the 

15 United States shall review the strategy to ensure that it 

16 includes the elements listed above: Provided further, That 

17 this strategy shall be submitted no later than 180 days 

18 after the date of enactment of this Act: Provided further, 

19 That the Secretary of Veterans Affairs shall issue guide20 lines on committal services held at cemeteries under the 

21 jurisdiction of the National Cemetery Administration to 

22 ensure that: (1) veterans’ families may arrange to hold 

23 committal services with any religious or secular content 

24 they desire; (2) the choice by a family of an honor guard 

25 and the content and presentation of military honors may 


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1 not be interfered with; and (3) attendance at committal 

2 services by outside organizations dedicated to the support 

3 of veterans will not be constrained except at the request 

4 of family members: Provided further, That the Department 

5 shall not edit, control, or exercise prior restraints on the 

6 content of religious speech and expression by speakers at 

7 events at veterans national cemeteries except as provided 

8 in section 2413 of title 38, United States Code: Provided 

9 further, That actions permitted by the foregoing provisos 

10 shall be subject to compliance with Department security, 

11 safety, and law enforcement regulations. 

12 DEPARTMENTAL ADMINISTRATION

13 GENERAL ADMINISTRATION

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary operating expenses of the Department 

16 of Veterans Affairs, not otherwise provided for, including 

17 administrative expenses in support of Department-Wide 

18 capital planning, management and policy activities, uni19 forms, or allowances therefor; not to exceed $25,000 for 

20 official reception and representation expenses; hire of pas21 senger motor vehicles; and reimbursement of the General 

22 Services Administration for security guard services, 

23 $424,737,000, of which not to exceed $20,837,000 shall 

24 remain available until September 30, 2014: Provided, 

25 That the Board of Veterans Appeals shall be funded at 


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1 not less than $86,006,000: Provided further, That of the 

2 funds made available under this heading, such sums as 

3 may be necessary shall be available to the Secretary of 

4 Veterans Affairs to comply with the Department’s energy 

5 management requirements under section 543(f)(7) of the 

6 National Energy Conservation Policy Act (42 U.S.C. 

7 8253(f)(7)): Provided further, That funds provided under 

8 this heading may be transferred to ‘‘General operating ex9 penses, Veterans Benefits Administration’’. 

10 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

11 ADMINISTRATION

12 For necessary operating expenses of the Veterans 

13 Benefits Administration, not otherwise provided for, in14 cluding hire of passenger motor vehicles, reimbursement 

15 of the General Services Administration for security guard 

16 services, and reimbursement of the Department of De17 fense for the cost of overseas employee mail, 

18 $2,164,074,000: Provided, That expenses for services and 

19 assistance authorized under paragraphs (1), (2), (5), and 

20 (11) of section 3104(a) of title 38, United States Code, 

21 that the Secretary of Veterans Affairs determines are nec22 essary to enable entitled veterans: (1) to the maximum ex23 tent feasible, to become employable and to obtain and 

24 maintain suitable employment; or (2) to achieve maximum 

25 independence in daily living, shall be charged to this acVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 count: Provided further, That of the funds made available 

2 under this heading, not to exceed $113,000,000 shall re3 main available until September 30, 2014. 

4 INFORMATION TECHNOLOGY SYSTEMS

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses for information technology 

7 systems and telecommunications support, including devel8 opmental information systems and operational information 

9 systems; for pay and associated costs; and for the capital 

10 asset acquisition of information technology systems, in11 cluding management and related contractual costs of said 

12 acquisitions, including contractual costs associated with 

13 operations authorized by section 3109 of title 5, United 

14 States Code, $3,327,444,000, plus reimbursements: Pro15 vided, That $1,021,000,000 shall be for pay and associ16 ated costs, of which not to exceed $30,630,000 shall re17 main available until September 30, 2014: Provided further, 

18 That $1,812,045,000 shall be for operations and mainte19 nance, of which not to exceed $126,000,000 shall remain 

20 available until September 30, 2014: Provided further, That 

21 $494,399,000 shall be for information technology systems 

22 development, modernization, and enhancement, and shall 

23 remain available until September 30, 2014: Provided fur24 ther, That amounts made available for information tech25 nology systems development, modernization, and enhanceVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 ment may not be obligated or expended until the Secretary 

2 of Veterans Affairs or the Chief Information Officer of 

3 the Department of Veterans Affairs submits to the Com4 mittees on Appropriations of both Houses of Congress a 

5 certification of the amounts, in parts or in full, to be obli6 gated and expended for each development project: Pro7 vided further, That amounts made available for salaries 

8 and expenses, operations and maintenance, and informa9 tion technology systems development, modernization, and 

10 enhancement may be transferred among the three sub-ac11 counts after the Secretary of Veterans Affairs requests 

12 from the Committees on Appropriations of both Houses 

13 of Congress the authority to make the transfer and an 

14 approval is issued: Provided further, That amounts made 

15 available for the ‘‘Information technology systems’’ ac16 count for development, modernization, and enhancement 

17 may be transferred between projects or to newly defined 

18 projects: Provided further, That no project may be in19 creased or decreased by more than $1,000,000 of cost 

20 prior to submitting a request to the Committees on Appro21 priations of both Houses of Congress to make the transfer 

22 and an approval is issued, or absent a response, a period 

23 of 30 days has elapsed: Provided further, That of the funds 

24 provided for information technology systems development, 

25 modernization, and enhancement for the development of 


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1 a joint Department of Defense—Department of Veterans 

2 Affairs (DOD–VA) integrated electronic health record 

3 (iEHR), not more than 25 percent may be obligated until 

4 the DOD–VA Interagency Program Office submits to the 

5 Committees on Appropriations of both Houses of Con6 gress, and such Committees approve, a plan for expendi7 ture that: (1) defines the budget and cost baseline for de8 velopment of the integrated Electronic Health Record; (2) 

9 identifies the deployment timeline for the system for both 

10 Agencies; (3) breaks out annual and total spending for 

11 each Department; (4) relays detailed cost-sharing business 

12 rules; (5) establishes data standardization schedules be13 tween the Departments; (6) has been submitted to the 

14 Government Accountability Office for review; and (7) com15 plies with the acquisition rules, requirements, guidelines, 

16 and systems acquisition management practices of the Fed17 eral Government: Provided further, That the funds made 

18 available under this heading for information technology 

19 systems development, modernization, and enhancement, 

20 shall be for the projects, and in the amounts, specified 

21 under this heading in the explanatory statement described 

22 in section 4 (in the matter preceding division A of this 

23 consolidated Act). 


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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General, to include information technology, in carrying out 

4 the provisions of the Inspector General Act of 1978 (5 

5 U.S.C. App.), $115,000,000, of which $6,000,000 shall re6 main available until September 30, 2014. 

7 CONSTRUCTION, MAJOR PROJECTS

8 For constructing, altering, extending, and improving 

9 any of the facilities, including parking projects, under the 

10 jurisdiction or for the use of the Department of Veterans 

11 Affairs, or for any of the purposes set forth in sections 

12 316, 2404, 2406, and chapter 81 of title 38, United States 

13 Code, not otherwise provided for, including planning, ar14 chitectural and engineering services, construction manage15 ment services, maintenance or guarantee period services 

16 costs associated with equipment guarantees provided 

17 under the project, services of claims analysts, offsite utility 

18 and storm drainage system construction costs, and site ac19 quisition, where the estimated cost of a project is more 

20 than the amount set forth in section 8104(a)(3)(A) of title 

21 38, United States Code, or where funds for a project were 

22 made available in a previous major project appropriation, 

23 $532,470,000, of which $502,470,000 shall remain avail24 able until September 30, 2017, and of which $30,000,000 

25 shall remain available until expended: Provided, That 


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1 $5,000,000 shall be to make reimbursements as provided 

2 in section 7108 of title 41, United States Code, for claims 

3 paid for contract disputes: Provided further, That except 

4 for advance planning activities, including needs assess5 ments which may or may not lead to capital investments, 

6 and other capital asset management related activities, in7 cluding portfolio development and management activities, 

8 and investment strategy studies funded through the ad9 vance planning fund and the planning and design activities 

10 funded through the design fund, including needs assess11 ments which may or may not lead to capital investments, 

12 and salaries and associated costs of the resident engineers 

13 who oversee those capital investments funded through this 

14 account, and funds provided for the purchase of land for 

15 the National Cemetery Administration through the land 

16 acquisition line item, none of the funds made available 

17 under this heading shall be used for any project which has 

18 not been approved by the Congress in the budgetary proc19 ess: Provided further, That funds made available under 

20 this heading for fiscal year 2013, for each approved 

21 project shall be obligated: (1) by the awarding of a con22 struction documents contract by September 30, 2013; and 

23 (2) by the awarding of a construction contract by Sep24 tember 30, 2014: Provided further, That the Secretary of 

25 Veterans Affairs shall promptly submit to the Committees 


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1 on Appropriations of both Houses of Congress a written 

2 report on any approved major construction project for 

3 which obligations are not incurred within the time limita4 tions established above. 

5 CONSTRUCTION, MINOR PROJECTS

6 For constructing, altering, extending, and improving 

7 any of the facilities, including parking projects, under the 

8 jurisdiction or for the use of the Department of Veterans 

9 Affairs, including planning and assessments of needs 

10 which may lead to capital investments, architectural and 

11 engineering services, maintenance or guarantee period 

12 services costs associated with equipment guarantees pro13 vided under the project, services of claims analysts, offsite 

14 utility and storm drainage system construction costs, and 

15 site acquisition, or for any of the purposes set forth in 

16 sections 316, 2404, 2406, and chapter 81 of title 38, 

17 United States Code, not otherwise provided for, where the 

18 estimated cost of a project is equal to or less than the 

19 amount set forth in section 8104(a)(3)(A) of title 38, 

20 United States Code, $607,530,000, to remain available 

21 until September 30, 2017, along with unobligated balances 

22 of previous ‘‘Construction, minor projects’’ appropriations 

23 which are hereby made available for any project where the 

24 estimated cost is equal to or less than the amount set forth 

25 in such section: Provided, That funds made available 


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1 under this heading shall be for: (1) repairs to any of the 

2 nonmedical facilities under the jurisdiction or for the use 

3 of the Department which are necessary because of loss or 

4 damage caused by any natural disaster or catastrophe; 

5 and (2) temporary measures necessary to prevent or to 

6 minimize further loss by such causes. 

7 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

8 FACILITIES

9 For grants to assist States to acquire or construct 

10 State nursing home and domiciliary facilities and to re11 model, modify, or alter existing hospital, nursing home, 

12 and domiciliary facilities in State homes, for furnishing 

13 care to veterans as authorized by sections 8131 through 

14 8137 of title 38, United States Code, $85,000,000, to re15 main available until expended. 

16 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

17 For grants to assist States and tribal governments 

18 in establishing, expanding, or improving veterans ceme19 teries as authorized by section 2408 of title 38, United 

20 States Code, $46,000,000, to remain available until ex21 pended. 

22 ADMINISTRATIVE PROVISIONS

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 201. Any appropriation for fiscal year 2013 for 

25 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 


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1 and ‘‘Veterans insurance and indemnities’’ may be trans2 ferred as necessary to any other of the mentioned appro3 priations: Provided, That before a transfer may take place, 

4 the Secretary of Veterans Affairs shall request from the 

5 Committees on Appropriations of both Houses of Congress 

6 the authority to make the transfer and such Committees 

7 issue an approval, or absent a response, a period of 30 

8 days has elapsed. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 202. Amounts made available for the Depart11 ment of Veterans Affairs for fiscal year 2013, in this Act 

12 or any other Act, under the ‘‘Medical services’’, ‘‘Medical 

13 support and compliance’’, and ‘‘Medical facilities’’ ac14 counts may be transferred among the accounts: Provided, 

15 That any transfers between the ‘‘Medical services’’ and 

16 ‘‘Medical support and compliance’’ accounts of 1 percent 

17 or less of the total amount appropriated to the account 

18 in this or any other Act may take place subject to notifica19 tion from the Secretary of Veterans Affairs to the Com20 mittees on Appropriations of both Houses of Congress of 

21 the amount and purpose of the transfer: Provided further, 

22 That any transfers between the ‘‘Medical services’’ and 

23 ‘‘Medical support and compliance’’ accounts in excess of 

24 1 percent, or exceeding the cumulative 1 percent for the 

25 fiscal year, may take place only after the Secretary reVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 quests from the Committees on Appropriations of both 

2 Houses of Congress the authority to make the transfer 

3 and an approval is issued: Provided further, That any 

4 transfers to or from the ‘‘Medical facilities’’ account may 

5 take place only after the Secretary requests from the Com6 mittees on Appropriations of both Houses of Congress the 

7 authority to make the transfer and an approval is issued. 

8 SEC. 203. Appropriations available in this title for 

9 salaries and expenses shall be available for services au10 thorized by section 3109 of title 5, United States Code; 

11 hire of passenger motor vehicles; lease of a facility or land 

12 or both; and uniforms or allowances therefore, as author13 ized by sections 5901 through 5902 of title 5, United 

14 States Code. 

15 SEC. 204. No appropriations in this title (except the 

16 appropriations for ‘‘Construction, major projects’’, and 

17 ‘‘Construction, minor projects’’) shall be available for the 

18 purchase of any site for or toward the construction of any 

19 new hospital or home. 

20 SEC. 205. No appropriations in this title shall be 

21 available for hospitalization or examination of any persons 

22 (except beneficiaries entitled to such hospitalization or ex23 amination under the laws providing such benefits to vet24 erans, and persons receiving such treatment under sec25 tions 7901 through 7904 of title 5, United States Code, 


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1 or the Robert T. Stafford Disaster Relief and Emergency 

2 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim3 bursement of the cost of such hospitalization or examina4 tion is made to the ‘‘Medical services’’ account at such 

5 rates as may be fixed by the Secretary of Veterans Affairs. 

6 SEC. 206. Appropriations available in this title for 

7 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

8 and ‘‘Veterans insurance and indemnities’’ shall be avail9 able for payment of prior year accrued obligations re10 quired to be recorded by law against the corresponding 

11 prior year accounts within the last quarter of fiscal year 

12 2012. 

13 SEC. 207. Appropriations available in this title shall 

14 be available to pay prior year obligations of corresponding 

15 prior year appropriations accounts resulting from sections 

16 3328(a), 3334, and 3712(a) of title 31, United States 

17 Code, except that if such obligations are from trust fund 

18 accounts they shall be payable only from ‘‘Compensation 

19 and pensions’’. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 208. Notwithstanding any other provision of 

22 law, during fiscal year 2013, the Secretary of Veterans 

23 Affairs shall, from the National Service Life Insurance 

24 Fund under section 1920 of title 38, United States Code, 

25 the Veterans’ Special Life Insurance Fund under section 


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1 1923 of title 38, United States Code, and the United 

2 States Government Life Insurance Fund under section 

3 1955 of title 38, United States Code, reimburse the ‘‘Gen4 eral operating expenses, Veterans Benefits Administra5 tion’’ and ‘‘Information technology systems’’ accounts for 

6 the cost of administration of the insurance programs fi7 nanced through those accounts: Provided, That reimburse8 ment shall be made only from the surplus earnings accu9 mulated in such an insurance program during fiscal year 

10 2013 that are available for dividends in that program after 

11 claims have been paid and actuarially determined reserves 

12 have been set aside: Provided further, That if the cost of 

13 administration of such an insurance program exceeds the 

14 amount of surplus earnings accumulated in that program, 

15 reimbursement shall be made only to the extent of such 

16 surplus earnings: Provided further, That the Secretary 

17 shall determine the cost of administration for fiscal year 

18 2013 which is properly allocable to the provision of each 

19 such insurance program and to the provision of any total 

20 disability income insurance included in that insurance pro21 gram. 

22 SEC. 209. Amounts deducted from enhanced-use 

23 lease proceeds to reimburse an account for expenses in24 curred by that account during a prior fiscal year for proVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 viding enhanced-use lease services, may be obligated dur2 ing the fiscal year in which the proceeds are received. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 210. Funds available in this title or funds for 

5 salaries and other administrative expenses shall also be 

6 available to reimburse the Office of Resolution Manage7 ment of the Department of Veterans Affairs and the Of8 fice of Employment Discrimination Complaint Adjudica9 tion under section 319 of title 38, United States Code, 

10 for all services provided at rates which will recover actual 

11 costs but not to exceed $42,904,000 for the Office of Reso12 lution Management and $3,360,000 for the Office of Em13 ployment and Discrimination Complaint Adjudication: 

14 Provided, That payments may be made in advance for 

15 services to be furnished based on estimated costs: Provided 

16 further, That amounts received shall be credited to the 

17 ‘‘General administration’’ and ‘‘Information technology 

18 systems’’ accounts for use by the office that provided the 

19 service. 

20 SEC. 211. No appropriations in this title shall be 

21 available to enter into any new lease of real property if 

22 the estimated annual rental cost is more than $1,000,000, 

23 unless the Secretary submits a report which the Commit24 tees on Appropriations of both Houses of Congress apVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 prove within 30 days following the date on which the re2 port is received. 

3 SEC. 212. No funds of the Department of Veterans 

4 Affairs shall be available for hospital care, nursing home 

5 care, or medical services provided to any person under 

6 chapter 17 of title 38, United States Code, for a non-serv7 ice-connected disability described in section 1729(a)(2) of 

8 such title, unless that person has disclosed to the Sec9 retary of Veterans Affairs, in such form as the Secretary 

10 may require, current, accurate third-party reimbursement 

11 information for purposes of section 1729 of such title: Pro12 vided, That the Secretary may recover, in the same man13 ner as any other debt due the United States, the reason14 able charges for such care or services from any person who 

15 does not make such disclosure as required: Provided fur16 ther, That any amounts so recovered for care or services 

17 provided in a prior fiscal year may be obligated by the 

18 Secretary during the fiscal year in which amounts are re19 ceived. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 213. Notwithstanding any other provision of 

22 law, proceeds or revenues derived from enhanced-use leas23 ing activities (including disposal) may be deposited into 

24 the ‘‘Construction, major projects’’ and ‘‘Construction, 

25 minor projects’’ accounts and be used for construction (inVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 cluding site acquisition and disposition), alterations, and 

2 improvements of any medical facility under the jurisdic3 tion or for the use of the Department of Veterans Affairs. 

4 Such sums as realized are in addition to the amount pro5 vided for in ‘‘Construction, major projects’’ and ‘‘Con6 struction, minor projects’’. 

7 SEC. 214. Amounts made available under ‘‘Medical 

8 services’’ are available— 

9 (1) for furnishing recreational facilities, sup10 plies, and equipment; and 

11 (2) for funeral expenses, burial expenses, and 

12 other expenses incidental to funerals and burials for 

13 beneficiaries receiving care in the Department. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 215. Such sums as may be deposited to the 

16 Medical Care Collections Fund pursuant to section 1729A 

17 of title 38, United States Code, may be transferred to 

18 ‘‘Medical services’’, to remain available until expended for 

19 the purposes of that account. 

20 SEC. 216. The Secretary of Veterans Affairs may 

21 enter into agreements with Indian tribes and tribal organi22 zations which are party to the Alaska Native Health Com23 pact with the Indian Health Service, and Indian tribes and 

24 tribal organizations serving rural Alaska which have en25 tered into contracts with the Indian Health Service under 


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1 the Indian Self Determination and Educational Assistance 

2 Act, to provide healthcare, including behavioral health and 

3 dental care. The Secretary shall require participating vet4 erans and facilities to comply with all appropriate rules 

5 and regulations, as established by the Secretary. The term 

6 ‘‘rural Alaska’’ shall mean those lands sited within the ex7 ternal boundaries of the Alaska Native regions specified 

8 in sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native 

9 Claims Settlement Act, as amended (43 U.S.C. 1606), and 

10 those lands within the Alaska Native regions specified in 

11 sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims 

12 Settlement Act, as amended (43 U.S.C. 1606), which are 

13 not within the boundaries of the municipality of Anchor14 age, the Fairbanks North Star Borough, the Kenai Penin15 sula Borough or the Matanuska Susitna Borough. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 217. Such sums as may be deposited to the De18 partment of Veterans Affairs Capital Asset Fund pursu19 ant to section 8118 of title 38, United States Code, may 

20 be transferred to the ‘‘Construction, major projects’’ and 

21 ‘‘Construction, minor projects’’ accounts, to remain avail22 able until expended for the purposes of these accounts. 

23 SEC. 218. None of the funds made available in this 

24 title may be used to implement any policy prohibiting the 

25 Directors of the Veterans Integrated Services Networks 


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1 from conducting outreach or marketing to enroll new vet2 erans within their respective Networks. 

3 SEC. 219. The Secretary of Veterans Affairs shall 

4 submit to the Committees on Appropriations of both 

5 Houses of Congress a quarterly report on the financial 

6 status of the Veterans Health Administration. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 220. Amounts made available under the ‘‘Med9 ical services’’, ‘‘Medical support and compliance’’, ‘‘Med10 ical facilities’’, ‘‘General operating expenses, Veterans 

11 Benefits Administration’’, ‘‘General administration’’, and 

12 ‘‘National Cemetery Administration’’ accounts for fiscal 

13 year 2013, may be transferred to or from the ‘‘Informa14 tion technology systems’’ account: Provided, That before 

15 a transfer may take place, the Secretary of Veterans Af16 fairs shall request from the Committees on Appropriations 

17 of both Houses of Congress the authority to make the 

18 transfer and an approval is issued. 

19 SEC. 221. None of the funds appropriated or other20 wise made available by this Act or any other Act for the 

21 Department of Veterans Affairs may be used in a manner 

22 that is inconsistent with: (1) section 842 of the Transpor23 tation, Treasury, Housing and Urban Development, the 

24 Judiciary, the District of Columbia, and Independent 

25 Agencies Appropriations Act, 2006 (Public Law 109–115; 


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1 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, 

2 United States Code. 

3 SEC. 222. Of the amounts made available to the De4 partment of Veterans Affairs for fiscal year 2013, in this 

5 Act or any other Act, under the ‘‘Medical facilities’’ ac6 count for nonrecurring maintenance, not more than 20 

7 percent of the funds made available shall be obligated dur8 ing the last 2 months of that fiscal year: Provided, That 

9 the Secretary may waive this requirement after providing 

10 written notice to the Committees on Appropriations of 

11 both Houses of Congress. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 223. Of the amounts appropriated to the De14 partment of Veterans Affairs for fiscal year 2013 for 

15 ‘‘Medical services’’, ‘‘Medical support and compliance’’, 

16 ‘‘Medical facilities’’, ‘‘Construction, minor projects’’, and 

17 ‘‘Information technology systems’’, up to $247,356,000, 

18 plus reimbursements, may be transferred to the Joint De19 partment of Defense-Department of Veterans Affairs 

20 Medical Facility Demonstration Fund, established by sec21 tion 1704 of the National Defense Authorization Act for 

22 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) 

23 and may be used for operation of the facilities designated 

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1 ization Act for Fiscal Year 2009 (Public Law 110–417; 

2 122 Stat. 4500): Provided, That additional funds may be 

3 transferred from accounts designated in this section to the 

4 Joint Department of Defense-Department of Veterans Af5 fairs Medical Facility Demonstration Fund upon written 

6 notification by the Secretary of Veterans Affairs to the 

7 Committees on Appropriations of both Houses of Con8 gress. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 224. Such sums as may be deposited to the 

11 Medical Care Collections Fund pursuant to section 1729A 

12 of title 38, United States Code, for healthcare provided 

13 at facilities designated as combined Federal medical facili14 ties as described by section 706 of the Duncan Hunter 

15 National Defense Authorization Act for Fiscal Year 2009 

16 (Public Law 110–417; 122 Stat. 4500) shall also be avail17 able: (1) for transfer to the Joint Department of Defense18 Department of Veterans Affairs Medical Facility Dem19 onstration Fund, established by section 1704 of the Na20 tional Defense Authorization Act for Fiscal Year 2010 

21 (Public Law 111–84; 123 Stat. 3571); and (2) for oper22 ations of the facilities designated as combined Federal 

23 medical facilities as described by section 706 of the Dun24 can Hunter National Defense Authorization Act for Fiscal 

25 Year 2009 (Public Law 110–417; 122 Stat. 4500). 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 225. Of the amounts available in this title for 

3 ‘‘Medical services’’, ‘‘Medical support and compliance’’, 

4 and ‘‘Medical facilities’’, a minimum of $15,000,000, shall 

5 be transferred to the DOD–VA Health Care Sharing In6 centive Fund, as authorized by section 8111(d) of title 38, 

7 United States Code, to remain available until expended, 

8 for any purpose authorized by section 8111 of title 38, 

9 United States Code. 

10 (INCLUDING RESCISSIONS OF FUNDS)

11 SEC. 226. (a) Of the funds appropriated in title II 

12 of division H of Public Law 112–74, the following 

13 amounts which became available on October 1, 2012, are 

14 hereby rescinded from the following accounts in the 

15 amounts specified: 

16 (1) ‘‘Department of Veterans Affairs, Medical 

17 services’’, $1,500,000,000. 

18 (2) ‘‘Department of Veterans Affairs, Medical 

19 support and compliance’’, $200,000,000. 

20 (3) ‘‘Department of Veterans Affairs, Medical 

21 facilities’’, $250,000,000. 

22 (b) In addition to amounts provided elsewhere in this 

23 Act, an additional amount is appropriated to the following 

24 accounts in the amounts specified to remain available until 

25 September 30, 2014: 


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1 (1) ‘‘Department of Veterans Affairs, Medical serv2 ices’’, $1,500,000,000. 

3 (2) ‘‘Department of Veterans Affairs, Medical sup4 port and compliance’’, $200,000,000. 

5 (3) ‘‘Department of Veterans Affairs, Medical facili6 ties’’, $250,000,000. 

7 SEC. 227. The Secretary of the Department of Vet8 erans Affairs shall notify the Committees on Appropria9 tions of both Houses of Congress of all bid savings in 

10 major construction projects that total at least $5,000,000, 

11 or 5 percent of the programmed amount of the project, 

12 whichever is less: Provided, That such notification shall 

13 occur within 14 days of a contract identifying the pro14 grammed amount: Provided further, That the Secretary 

15 shall notify the Committees on Appropriations of both 

16 Houses of Congress 14 days prior to the obligation of such 

17 bid savings and shall describe the anticipated use of such 

18 savings. 

19 SEC. 228. The scope of work for a project included 

20 in ‘‘Construction, major projects’’ may not be increased 

21 above the scope specified for that project in the original 

22 justification data provided to the Congress as part of the 

23 request for appropriations. 

24 SEC. 229. The Secretary of the Department of Vet25 erans Affairs shall provide on a quarterly basis to the 


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1 Committees on Appropriations of both Houses of Congress 

2 notification of any single national outreach and awareness 

3 marketing campaign in which obligations exceed 

4 $2,000,000. 

5 SEC. 230. The Secretary shall submit to the Commit6 tees on Appropriations of both Houses of Congress a re7 programming request if at any point during fiscal year 

8 2013, the funding allocated for a medical care initiative 

9 identified in the fiscal year 2013 expenditure plan is ad10 justed by more than $25,000,000 from the allocation 

11 shown in the corresponding congressional budget justifica12 tion. Such a reprogramming request may go forward only 

13 if the Committees on Appropriations of both Houses of 

14 Congress approve the request or if a period of 14 days 

15 has elapsed. 

16 SEC. 231. None of the funds made available in this 

17 Act may be used to enter into a contract using procedures 

18 that do not give to small business concerns owned and con19 trolled by veterans (as that term is defined in section 

20 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)) 

21 that are included in the database under section 8127(f) 

22 of title 38, United States Code, any preference available 

23 with respect to such contract, except for a preference given 

24 to small business concerns owned and controlled by servVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 ice-disabled veterans (as defined in section 3(q)(2) of the 

2 Small Business Act (15 U.S.C. 632(q)(2)). 

3 SEC. 232. Funds made available under the heading 

4 ‘‘Medical services’’ in title II of division H of Public Law 

5 112–74 may be used to carry out section 1787 of title 

6 38, United States Code. 

7 TITLE III 

8 RELATED AGENCIES 

9 AMERICAN BATTLE MONUMENTS COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses, not otherwise provided for, 

12 of the American Battle Monuments Commission, including 

13 the acquisition of land or interest in land in foreign coun14 tries; purchases and repair of uniforms for caretakers of 

15 national cemeteries and monuments outside of the United 

16 States and its territories and possessions; rent of office 

17 and garage space in foreign countries; purchase (one-for18 one replacement basis only) and hire of passenger motor 

19 vehicles; not to exceed $7,500 for official reception and 

20 representation expenses; and insurance of official motor 

21 vehicles in foreign countries, when required by law of such 

22 countries, $62,929,000, to remain available until ex23 pended. 


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1 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

2 For necessary expenses, not otherwise provided for, 

3 of the American Battle Monuments Commission, such 

4 sums as may be necessary, to remain available until ex5 pended, for purposes authorized by section 2109 of title 

6 36, United States Code. 

7 UNITED STATES COURT OF APPEALS FOR VETERANS

8 CLAIMS

9 SALARIES AND EXPENSES

10 For necessary expenses for the operation of the 

11 United States Court of Appeals for Veterans Claims as 

12 authorized by sections 7251 through 7298 of title 38, 

13 United States Code, $32,481,000: Provided, That 

14 $2,726,000 shall be available for the purpose of providing 

15 financial assistance as described, and in accordance with 

16 the process and reporting procedures set forth, under this 

17 heading in Public Law 102–229. 

18 DEPARTMENT OF DEFENSE—CIVIL

19 CEMETERIAL EXPENSES, ARMY

20 SALARIES AND EXPENSES

21 For necessary expenses for maintenance, operation, 

22 and improvement of Arlington National Cemetery and Sol23 diers’ and Airmen’s Home National Cemetery, including 

24 the purchase or lease of passenger motor vehicles for re25 placement on a one-for-one basis only, and not to exceed 


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1 $1,000 for official reception and representation expenses, 

2 $65,800,000, of which not to exceed $27,000,000 shall re3 main available until September 30, 2015. In addition, 

4 such sums as may be necessary for parking maintenance, 

5 repairs and replacement, to be derived from the ‘‘Lease 

6 of Department of Defense Real Property for Defense 

7 Agencies’’ account. 

8 CONSTRUCTION

9 For necessary expenses for planning and design and 

10 construction at Arlington National Cemetery and Soldiers’ 

11 and Airmen’s Home National Cemetery, $103,000,000, to 

12 remain available until September 30, 2017, of which, 

13 $84,000,000 shall be for planning and design and con14 struction associated with the Millennium Project at Ar15 lington National Cemetery; and $19,000,000 shall be for 

16 study, planning, design, and architect and engineer serv17 ices for future expansion of burial space at Arlington Na18 tional Cemetery. 

19 ARMED FORCES RETIREMENT HOME

20 TRUST FUND

21 For expenses necessary for the Armed Forces Retire22 ment Home to operate and maintain the Armed Forces 

23 Retirement Home—Washington, District of Columbia, 

24 and the Armed Forces Retirement Home—Gulfport, Mis25 sissippi, to be paid from funds available in the Armed 


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1 Forces Retirement Home Trust Fund, $67,590,000, of 

2 which $2,000,000 shall remain available until expended 

3 for construction and renovation of the physical plants at 

4 the Armed Forces Retirement Home—Washington, Dis5 trict of Columbia, and the Armed Forces Retirement 

6 Home—Gulfport, Mississippi. 

7 ADMINISTRATIVE PROVISION

8 SEC. 301. Funds appropriated in this Act under the 

9 heading, ‘‘Department of Defense—Civil, Cemeterial Ex10 penses, Army’’, may be provided to Arlington County, Vir11 ginia, for the relocation of the federally owned water main 

12 at Arlington National Cemetery, making additional land 

13 available for ground burials. 

14 TITLE IV 

15 OVERSEAS CONTINGENCY OPERATIONS 

16 DEPARTMENT OF DEFENSE

17 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

18 For an additional amount for ‘‘Military Construction, 

19 Navy and Marine Corps’’, $150,768,000, to remain avail20 able until September 30, 2013: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

23 section 251(b)(2)(A)(ii) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 


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1 ADMINISTRATIVE PROVISION

2 (INCLUDING RESCISSION OF FUNDS)

3 SEC. 401. Of the unobligated balances in section 

4 2005 in title X, of Public Law 112–10 and division H 

5 in title IV of Public Law 112–74, $150,768,000 are here6 by rescinded: Provided, That such amount is designated 

7 by the Congress for Overseas Contingency Operations/ 

8 Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 TITLE V 

12 GENERAL PROVISIONS 

13 SEC. 501. No part of any appropriation contained in 

14 this Act shall remain available for obligation beyond the 

15 current fiscal year unless expressly so provided herein. 

16 SEC. 502. None of the funds made available in this 

17 Act may be used for any program, project, or activity, 

18 when it is made known to the Federal entity or official 

19 to which the funds are made available that the program, 

20 project, or activity is not in compliance with any Federal 

21 law relating to risk assessment, the protection of private 

22 property rights, or unfunded mandates. 

23 SEC. 503. No part of any funds appropriated in this 

24 Act shall be used by an agency of the executive branch, 

25 other than for normal and recognized executive-legislative 


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1 relationships, for publicity or propaganda purposes, and 

2 for the preparation, distribution, or use of any kit, pam3 phlet, booklet, publication, radio, television, or film presen4 tation designed to support or defeat legislation pending 

5 before Congress, except in presentation to Congress itself. 

6 SEC. 504. All departments and agencies funded under 

7 this Act are encouraged, within the limits of the existing 

8 statutory authorities and funding, to expand their use of 

9 ‘‘E-Commerce’’ technologies and procedures in the con10 duct of their business practices and public service activi11 ties. 

12 SEC. 505. Unless stated otherwise, all reports and no13 tifications required by this Act shall be submitted to the 

14 Subcommittee on Military Construction and Veterans Af15 fairs, and Related Agencies of the Committee on Appro16 priations of the House of Representatives and the Sub17 committee on Military Construction and Veterans Affairs, 

18 and Related Agencies of the Committee on Appropriations 

19 of the Senate. 

20 SEC. 506. None of the funds made available in this 

21 Act may be transferred to any department, agency, or in22 strumentality of the United States Government except 

23 pursuant to a transfer made by, or transfer authority pro24 vided in, this or any other appropriations Act. 


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1 SEC. 507. None of the funds made available in this 

2 Act may be used for a project or program named for an 

3 individual serving as a Member, Delegate, or Resident 

4 Commissioner of the United States House of Representa5 tives. 

6 SEC. 508. (a) Any agency receiving funds made avail7 able in this Act, shall, subject to subsections (b) and (c), 

8 post on the public website of that agency any report re9 quired to be submitted by the Congress in this or any 

10 other Act, upon the determination by the head of the agen11 cy that it shall serve the national interest. 

12 (b) Subsection (a) shall not apply to a report if— 

13 (1) the public posting of the report com14 promises national security; or 

15 (2) the report contains confidential or propri16 etary information. 

17 (c) The head of the agency posting such report shall 

18 do so only after such report has been made available to 

19 the requesting Committee or Committees of Congress for 

20 no less than 45 days. 

21 SEC. 509. (a) None of the funds made available in 

22 this Act may be used to maintain or establish a computer 

23 network unless such network blocks the viewing, 

24 downloading, and exchanging of pornography. 


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1 (b) Nothing in subsection (a) shall limit the use of 

2 funds necessary for any Federal, State, tribal, or local law 

3 enforcement agency or any other entity carrying out crimi4 nal investigations, prosecution, or adjudication activities. 

5 SEC. 510. None of the funds made available in this 

6 Act may be distributed to the Association of Community 

7 Organizations for Reform Now (ACORN) or its subsidi8 aries or successors. 

9 SEC. 511. (a) IN GENERAL.—None of the funds ap10 propriated or otherwise made available to the Department 

11 of Defense in this Act may be used to construct, renovate, 

12 or expand any facility in the United States, its territories, 

13 or possessions to house any individual detained at United 

14 States Naval Station, Guantanamo Bay, Cuba, for the 

15 purposes of detention or imprisonment in the custody or 

16 under the control of the Department of Defense. 

17 (b) The prohibition in subsection (a) shall not apply 

18 to any modification of facilities at United States Naval 

19 Station, Guantanamo Bay, Cuba. 

20 (c) An individual described in this subsection is any 

21 individual who, as of June 24, 2009, is located at United 

22 States Naval Station, Guantanamo Bay, Cuba, and who— 

23 (1) is not a citizen of the United States or a 

24 member of the Armed Forces of the United States; 

25 and 


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1 (2) is— 

2 (A) in the custody or under the effective 

3 control of the Department of Defense; or 

4 (B) otherwise under detention at United 

5 States Naval Station, Guantanamo Bay, Cuba. 

6 SEC. 512. None of the funds appropriated or other7 wise made available in this Act may be used by an agency 

8 of the executive branch to pay for first-class travel by an 

9 employee of the agency in contravention of sections 301– 

10 10.122 through 301–10.124 of title 41, Code of Federal 

11 Regulations. 

12 SEC. 513. None of the funds provided in this Act may 

13 be used to execute a contract for goods or services, includ14 ing construction services, where the contractor has not 

15 complied with Executive Order No. 12989. 

16 SEC. 514. None of the funds made available by this 

17 Act may be used to enter into a contract, memorandum 

18 of understanding, or cooperative agreement with, make a 

19 grant to, or provide a loan or loan guarantee to, any cor20 poration that was convicted of a felony criminal violation 

21 under any Federal law within the preceding 24 months, 

22 where the awarding agency is aware of the conviction, un23 less the agency has considered suspension or debarment 

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1 ther action is not necessary to protect the interests of the 

2 Government. 

3 SEC. 515. None of the funds made available by this 

4 Act may be used to enter into a contract, memorandum 

5 of understanding, or cooperative agreement with, make a 

6 grant to, or provide a loan or loan guarantee to, any cor7 poration that has any unpaid Federal tax liability that has 

8 been assessed, for which all judicial and administrative 

9 remedies have been exhausted or have lapsed, and that 

10 is not being paid in a timely manner pursuant to an agree11 ment with the authority responsible for collecting the tax 

12 liability, where the awarding agency is aware of the unpaid 

13 tax liability, unless the agency has considered suspension 

14 or debarment of the corporation and made a determination 

15 that this further action is not necessary to protect the in16 terests of the Government. 

17 SEC. 516. Such sums as may be necessary for fiscal 

18 year 2013 for pay raises for programs funded by this Act 

19 shall be absorbed within the levels appropriated in this 

20 Act. 

21 SEC. 517. None of the funds made available in this 

22 Act may be used to send or otherwise pay for the attend23 ance of more than 50 employees from a Federal depart24 ment or agency that are stationed within the United 

25 States at any single conference occurring outside a state 


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1 of the United States, except for employees of the Depart2 ment of Veterans Affairs stationed in the Philippines, un3 less the relevant Secretary reports to the Committees on 

4 Appropriations of both Houses of Congress at least 5 days 

5 in advance that such attendance is important to the na6 tional interest. 

7 This division may be cited as the ‘‘Military Construc8 tion and Veterans Affairs, and Related Agencies Appro9 priations Act, 2013’’. 

10 DIVISION C—FULL-YEAR CONTINUING 

11 APPROPRIATIONS ACT, 2013 

12 The following sums are hereby appropriated, out of 

13 any money in the Treasury not otherwise appropriated, 

14 and out of applicable corporate or other revenues, receipts, 

15 and funds, for the several departments, agencies, corpora16 tions, and other organizational units of Government for 

17 fiscal year 2013, and for other purposes, namely: 

18 TITLE I—GENERAL PROVISIONS 

19 SEC. 1101. (a) Such amounts as may be necessary, 

20 at the level specified in subsection (c) and under the au21 thority and conditions provided in applicable appropria22 tions Acts for fiscal year 2012, for projects or activities 

23 (including the costs of direct loans and loan guarantees) 

24 that are not otherwise specifically provided for, and for 


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1 which appropriations, funds, or other authority were made 

2 available in the following appropriations Acts: 

3 (1) The Agriculture, Rural Development, Food 

4 and Drug Administration, and Related Agencies Ap5 propriations Act, 2012 (division A of Public Law 

6 112–55), except for the appropriations designated by 

7 the Congress as being for disaster relief in section 

8 735 of such Act. 

9 (2) The Commerce, Justice, Science, and Re10 lated Agencies Appropriations Act, 2012 (division B 

11 of Public Law 112–55), except for the appropriation 

12 designated by the Congress as being for disaster re13 lief in the second paragraph under the heading ‘‘De14 partment of Commerce, Economic Development Ad15 ministration, Economic Development Assistance Pro16 grams’’ in such Act. 

17 (3) The Energy and Water Development and 

18 Related Agencies Appropriations Act, 2012 (division 

19 B of Public Law 112–74). 

20 (4) The Financial Services and General Govern21 ment Appropriations Act, 2012 (division C of Public 

22 Law 112–74). 

23 (5) The Department of Homeland Security Ap24 propriations Act, 2012 (division D of Public Law 

25 112–74). 


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1 (6) The Department of the Interior, Environ2 ment, and Related Agencies Appropriations Act, 

3 2012 (division E of Public Law 112–74). 

4 (7) The Departments of Labor, Health and 

5 Human Services, and Education, and Related Agen6 cies Appropriations Act, 2012 (division F of Public 

7 Law 112–74). 

8 (8) The Legislative Branch Appropriations Act, 

9 2012 (division G of Public Law 112–74). 

10 (9) The Department of State, Foreign Oper11 ations, and Related Programs Appropriations Act, 

12 2012 (division I of Public Law 112–74). 

13 (10) The Transportation, Housing and Urban 

14 Development, and Related Agencies Appropriations 

15 Act, 2012 (division C of Public Law 112–55), except 

16 for the appropriations designated by the Congress as 

17 being for disaster relief under the heading ‘‘Depart18 ment of Transportation, Federal Highway Adminis19 tration, Emergency Relief’’ and in the last proviso of 

20 section 239 of such Act. 

21 (11) The Disaster Relief Appropriations Act, 

22 2012 (Public Law 112–77), except for appropria23 tions under the heading ‘‘Corps of Engineers— 

24 Civil’’. 


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1 (b) For purposes of this division, the term ‘‘level’’ 

2 means an amount. 

3 (c) The level referred to in subsection (a) shall be 

4 the amounts appropriated in the appropriations Acts re5 ferred to in such subsection, including transfers and obli6 gation limitations, except that such level shall be cal7 culated without regard to any rescission or cancellation 

8 of funds or contract authority, other than— 

9 (1) the 0.16 percent across-the-board rescission 

10 in section 436 of division E of Public Law 112–74 

11 (relating to the Department of the Interior, Environ12 ment, and Related Agencies); and 

13 (2) the 0.189 percent across-the-board rescis14 sion in section 527 of division F of Public Law 112– 

15 74, (relating to the Departments of Labor, Health 

16 and Human Services, and Education, and Related 

17 Agencies). 

18 SEC. 1102. Appropriations made by section 1101 

19 shall be available to the extent and in the manner that 

20 would be provided by the pertinent appropriations Act. 

21 SEC. 1103. Appropriations provided by this division 

22 that, in the applicable appropriations Act for fiscal year 

23 2012, carried a multiple-year or no-year period of avail24 ability shall retain a comparable period of availability. 


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1 SEC. 1104. No appropriation or funds made available 

2 or authority granted pursuant to section 1101 shall be 

3 used to initiate or resume any project or activity for which 

4 appropriations, funds, or other authority were not avail5 able during fiscal year 2012. 

6 SEC. 1105. Except as otherwise expressly provided in 

7 this division, the requirements, authorities, conditions, 

8 limitations, and other provisions of the appropriations 

9 Acts referred to in section 1101 shall continue in effect 

10 through the date specified in section 1106. 

11 SEC. 1106. Unless otherwise provided for in this divi12 sion or in the applicable appropriations Act, appropria13 tions and funds made available and authority granted pur14 suant to this division shall be available through September 

15 30, 2013. 

16 SEC. 1107. Expenditures made pursuant to the Con17 tinuing Appropriations Resolution, 2013 (Public Law 

18 112–175) shall be charged to the applicable appropriation, 

19 fund, or authorization provided by this division. 

20 SEC. 1108. Funds appropriated by this division may 

21 be obligated and expended notwithstanding section 10 of 

22 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 

23 State Department Basic Authorities Act of 1956 (22 

24 U.S.C. 2680), and section 313 of the Foreign Relations 


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1 Authorization Act, Fiscal Years 1994 and 1995 (22 

2 U.S.C. 6212). 

3 SEC. 1109. (a) For entitlements and other mandatory 

4 payments whose budget authority was provided in appro5 priations Acts for fiscal year 2012, and for activities under 

6 the Food and Nutrition Act of 2008, the levels established 

7 by section 1101 shall be the amounts necessary to main8 tain program levels under current law and under the au9 thority and conditions provided in the applicable appro10 priations Acts for fiscal year 2012. 

11 (b) In addition to the amounts otherwise provided by 

12 section 1101, the following amounts shall be available for 

13 the following accounts for advance payments for the first 

14 quarter of fiscal year 2014: 

15 (1) ‘‘Department of Labor, Office of Workers’ 

16 Compensation Programs, Special Benefits for Dis17 abled Coal Miners’’, for benefit payments under title 

18 IV of the Federal Mine Safety and Health Act of 

19 1977, $40,000,000, to remain available until ex20 pended. 

21 (2) ‘‘Department of Health and Human Serv22 ices, Centers for Medicare and Medicaid Services, 

23 Grants to States for Medicaid’’, for payments to 

24 States or in the case of section 1928 on behalf of 

25 States under title XIX of the Social Security Act, 


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1 $106,335,631,000, to remain available until ex2 pended. 

3 (3) ‘‘Department of Health and Human Serv4 ices, Administration for Children and Families, Pay5 ments to States for Child Support Enforcement and 

6 Family Support Programs’’, for payments to States 

7 or other non-Federal entities under titles I, IV-D, X, 

8 XI, XIV, and XVI of the Social Security Act and the 

9 Act of July 5, 1960 (24 U.S.C. ch. 9), 

10 $1,100,000,000, to remain available until expended. 

11 (4) ‘‘Department of Health and Human Serv12 ices, Administration for Children and Families, Pay13 ments for Foster Care and Permanency’’, for pay14 ments to States or other non-Federal entities under 

15 title IV-E of the Social Security Act, 

16 $2,200,000,000. 

17 (5) ‘‘Social Security Administration, Supple18 mental Security Income Program’’, for benefit pay19 ments under title XVI of the Social Security Act, 

20 $19,300,000,000, to remain available until ex21 pended. 

22 SEC. 1110. (a) Each amount made available in this 

23 division by reference to an appropriation that was pre24 viously designated by the Congress for Overseas Contin25 gency Operations/Global War on Terrorism pursuant to 


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1 section 251(b)(2)(A) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985 or as being for disaster 

3 relief pursuant to section 251(b)(2)(D) of such Act is des4 ignated by the Congress for Overseas Contingency Oper5 ations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A) of such Act or as being for disaster relief 

7 pursuant to section 251(b)(2)(D) of such Act, respectively. 

8 (b) Of the amount made available by section 1101 

9 for ‘‘Social Security Administration, Limitation on Admin10 istrative Expenses’’, $483,484,000 is additional new budg11 et authority specified for purposes of subsection 

12 251(b)(2)(B) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 SEC. 1111. With respect to any discretionary account 

15 for which advance appropriations were provided for fiscal 

16 year 2013 or 2014 in an appropriations Act for fiscal year 

17 2012, in addition to amounts otherwise made available by 

18 this division, advance appropriations are provided in the 

19 same amount for fiscal year 2014 or 2015, respectively, 

20 with a comparable period of availability. 

21 SEC. 1112. (a) Section 147 of the Continuing Appro22 priations Act, 2011 (Public Law 111–242), as added by 

23 section 1(a)(2) of the Continuing Appropriations and Sur24 face Transportation Extensions Act, 2011 (Public Law 

25 111–322; 5 U.S.C. 5303 note), is amended— 


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1 (1) in subsection (b)(1), by striking the matter 

2 after ‘‘ending on’’ and before ‘‘shall be made’’ and 

3 inserting ‘‘December 31, 2013,’’; and 

4 (2) in subsection (c), by striking the matter 

5 after ‘‘ending on’’ and before ‘‘no senior executive’’ 

6 and inserting ‘‘December 31, 2013,’’. 

7 (b) Section 114 of the Continuing Appropriations 

8 Resolution, 2013 (Public Law 112–175; 5 U.S.C. 5303 

9 note) is repealed. 

10 SEC. 1113. (a) Not later than 30 days after the date 

11 of the enactment of this division, each department and 

12 agency in subsection (c) shall submit to the Committees 

13 on Appropriations of the House of Representatives and the 

14 Senate a spending, expenditure, or operating plan for fis15 cal year 2013— 

16 (1) at the program, project, or activity level (or, 

17 for foreign assistance programs funded in titles III, 

18 IV and VIII of the Department of State, Foreign 

19 Operations, and Related Programs Appropriations 

20 Act, at the country, regional, and central program 

21 level, and for any international organization); or 

22 (2) as applicable, at any greater level of detail 

23 required for funds covered by such a plan in an ap24 propriations Act referred to in section 1101, in the 

25 joint explanatory statement accompanying such Act, 


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1 or in committee report language incorporated by ref2 erence in such joint explanatory statement. 

3 (b) If a sequestration is ordered by the President 

4 under section 251A of the Balanced Budget and Emer5 gency Deficit Control Act of 1985, the spending, expendi6 ture, or operating plan required by this section shall re7 flect such sequestration. 

8 (c) The departments and agencies to which this sec9 tion applies are as follows: 

10 (1) The Department of Agriculture. 

11 (2) The Department of Commerce. 

12 (3) The Department of Education. 

13 (4) The Department of Energy. 

14 (5) The Department of Health and Human 

15 Services. 

16 (6) The Department of Homeland Security. 

17 (7) The Department of Housing and Urban De18 velopment. 

19 (8) The Department of the Interior. 

20 (9) The Department of Justice. 

21 (10) The Department of Labor. 

22 (11) The Department of State and United 

23 States Agency for International Development. 

24 (12) The Department of Transportation. 

25 (13) The Department of the Treasury. 


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1 (14) The National Aeronautics and Space Ad2 ministration. 

3 (15) The National Science Foundation. 

4 (16) The Judiciary. 

5 (17) With respect to amounts made available 

6 under the heading ‘‘Executive Office of the Presi7 dent and Funds Appropriated to the President’’, 

8 agencies funded under such heading. 

9 (18) The Federal Communications Commission. 

10 (19) The General Services Administration. 

11 (20) The Office of Personnel Management. 

12 (21) The National Archives and Records Ad13 ministration. 

14 (22) The Securities and Exchange Commission. 

15 (23) The Small Business Administration. 

16 (24) The Environmental Protection Agency. 

17 (25) The Indian Health Service. 

18 (26) The Smithsonian Institution. 

19 (27) The Social Security Administration. 

20 (28) The Corporation for National and Commu21 nity Service. 

22 (29) The Corporation for Public Broadcasting. 

23 (30) The Food and Drug Administration. 

24 (31) The Commodity Futures Trading Commis25 sion. 


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1 SEC. 1114. Not later than May 1, 2013, and each 

2 month thereafter through November 1, 2013, the Director 

3 of the Office of Management and Budget shall submit to 

4 the Committees on Appropriations of the House of Rep5 resentatives and the Senate a report on all obligations in6 curred in fiscal year 2013, by each department and agen7 cy, using funds made available by this division. Such re8 port shall— 

9 (1) set forth obligations by account; and 

10 (2) compare the obligations incurred in the pe11 riod covered by the report to the obligations incurred 

12 in the same period in fiscal year 2012. 

13 TITLE II—AGRICULTURE, RURAL DEVELOP14 MENT, FOOD AND DRUG ADMINISTRATION, 

15 AND RELATED AGENCIES 

16 SEC. 1201. Notwithstanding section 1101, the level 

17 for ‘‘Domestic Food Programs, Food and Nutrition Serv18 ice, Commodity Assistance Program’’, shall be 

19 $253,952,000, of which $186,935,000 shall be for the 

20 Commodity Supplemental Food Program. 

21 SEC. 1202. Notwithstanding section 1101, the 

22 amounts included under the heading ‘‘Agricultural Pro23 grams, Farm Service Agency, Agricultural Credit Insur24 ance Fund Program Account’’ in division A of Public Law 

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1 sion as follows: by substituting ‘‘$2,000,000,000’’ for 

2 ‘‘$1,500,000,000’’ the first place it appears; by sub3 stituting ‘‘$1,258,887,000’’ for ‘‘$1,050,090,000’’; and by 

4 substituting ‘‘$70,120,000’’ for ‘‘$59,120,000’’. 

5 SEC. 1203. Notwithstanding section 1101, the Sec6 retary of Agriculture may transfer funds among the loan 

7 and loan guarantee programs within the Rural Develop8 ment mission area to maintain the 2012 program levels, 

9 to the extent possible, for such programs and activities 

10 during fiscal year 2013. 

11 SEC. 1204. Notwithstanding section 1101, amounts 

12 otherwise provided by section 1101 for ‘‘Department of 

13 Health and Human Services, Food and Drug Administra14 tion, Salaries and Expenses’’ for medical device user fees 

15 shall be increased by the amounts by which the authorized 

16 levels of such fees for fiscal year 2013 exceed the author17 ized levels of such fees for fiscal year 2012: Provided, That 

18 amounts collected for fees specified in this section for fis19 cal year 2013 that exceed applicable fiscal year 2013 limi20 tations for such fees are appropriated and shall be credited 

21 to such account and remain available until expended. 

22 SEC. 1205. Notwithstanding section 1101, fees au23 thorized for fiscal year 2013 pursuant to section 744B of 

24 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

25 379j-42) shall be credited to ‘‘Department of Health and 


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1 Human Services, Food and Drug Administration, Salaries 

2 and Expenses’’ and remain available until expended. 

3 SEC. 1206. Sections 744 and 748 of division A of 

4 Public Law 112–55 shall not apply to funds appropriated 

5 by this division. 

6 SEC. 1207. Of the funds made available for ‘‘Rural 

7 Development Programs, Rural Business—Cooperative 

8 Service, Rural Economic Development Loans Program Ac9 count’’, of the funds derived from interest on the cushion 

10 of credit payments, as authorized by section 313 of the 

11 Rural Electrification Act of 1936 (7 U.S.C. 940c), 

12 $180,000,000 shall not be obligated and $180,000,000 is 

13 rescinded. 

14 SEC. 1208. (a) Notwithstanding section 1101, the 

15 first and second provisos of section 726(15) of division A 

16 of Public Law 112–55 shall be applied to funds appro17 priated by this division as if ‘‘, in this fiscal year,’’ ap18 peared before ‘‘section 19(i)(1)(E)’’ the first place it ap19 pears, by substituting ‘‘$39,000,000’’ for ‘‘$20,000,000’’, 

20 and by substituting ‘‘$117,000,000’’ for ‘‘$133,000,000’’. 

21 (b) Of the unobligated balances available under sec22 tion 14222(b)(2)(A)(v) of Public Law 110–246 (7 U.S.C. 

23 612c–6(b)(2)(A)(v)), $150,000,000 is rescinded. 

24 SEC. 1209. In addition to amounts provided else25 where in this division, $48,256,765 is appropriated for acVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 tivities under section 403 of the Agricultural Credit Act 

2 of 1978 (Emergency Watershed Protection Program; 16 

3 U.S.C. 2203) for necessary expenses resulting from a 

4 major disaster declared pursuant to the Robert T. Staf5 ford Disaster Relief and Emergency Assistance Act (42 

6 U.S.C. 5121 et seq.): Provided, That the Secretary of Ag7 riculture shall transfer these funds to the Natural Re8 sources Conservation Service. 

9 SEC. 1210. Section 1109(a) of this division shall not 

10 be construed to change the requirement that 

11 $3,000,000,000, to remain available until September 30, 

12 2014, be placed in reserve for ‘‘Domestic Food Programs, 

13 Food and Nutrition Service, Supplemental Nutrition As14 sistance Program’’. 

15 SEC. 1211. Notwithstanding section 1101, the level 

16 for ‘‘Agricultural Programs, National Agricultural Statis17 tics Service’’ shall be $179,477,000, of which up to 

18 $62,500,000 shall be available until expended for the Cen19 sus of Agriculture. 

20 TITLE III—COMMERCE, JUSTICE, SCIENCE, AND 

21 RELATED AGENCIES 

22 SEC. 1301. Notwithstanding section 1101, the level 

23 for ‘‘National Oceanic and Atmospheric Administration, 

24 Procurement, Acquisition and Construction’’ shall be 

25 $1,951,036,000, of which $802,000,000 shall be for the 


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1 Geostationary Operational Environmental Satellite–R sys2 tem. 

3 SEC. 1302. Notwithstanding section 1101, the level 

4 for each of the following accounts shall be $0: ‘‘Depart5 ment of Justice, General Administration, National Drug 

6 Intelligence Center’’; ‘‘Department of Justice, Drug En7 forcement Administration, Construction’’. 

8 SEC. 1303. Notwithstanding section 1101, the level 

9 for ‘‘Department of Justice, General Administration, Jus10 tice Information Sharing Technology’’ shall be 

11 $22,000,000. 

12 SEC. 1304. Notwithstanding section 1101, the level 

13 for ‘‘Department of Justice, Federal Bureau of Investiga14 tion, Salaries and Expenses’’ shall be $8,165,520,000. 

15 SEC. 1305. Notwithstanding section 1101, the level 

16 for ‘‘Department of Justice, Federal Prison System, Sala17 ries and Expenses’’ shall be $6,689,481,000. 

18 SEC. 1306. Notwithstanding section 1101, the level 

19 for ‘‘Department of Justice, Office of Justice Programs, 

20 State and Local Law Enforcement Assistance’’ shall be 

21 $1,062,500,000: Provided, That the amounts included 

22 under such heading in division B of Public Law 112–55 

23 shall be applied to funds appropriated by this division as 

24 follows: by substituting ‘‘$370,000,000’’ for 


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1 ‘‘$470,000,000’’; and by substituting ‘‘$0’’ for 

2 ‘‘$100,000,000’’. 

3 SEC. 1307. Of the unobligated balances available for 

4 ‘‘Department of Justice, Legal Activities, Assets For5 feiture Fund’’, $675,000,000 is rescinded. 

6 SEC. 1308. Of the unobligated balances available for 

7 ‘‘Department of Justice, Federal Prison System, Build8 ings and Facilities’’, $64,700,000 is rescinded, to be de9 rived from amounts for the ‘‘Acquire Existing Institution 

10 for Higher Security FCI’’ project. 

11 SEC. 1309. Section 505 of division B of Public Law 

12 112–55 shall be applied to funds appropriated by this divi13 sion by substituting ‘‘45’’ for ‘‘15’’. 

14 SEC. 1310. (a) None of the income retained in the 

15 Department of Justice Working Capital Fund pursuant 

16 to title I of Public Law 102–140 (105 Stat. 784; 28 

17 U.S.C. 527 note) shall be available for obligation during 

18 fiscal year 2013. 

19 (b) Not to exceed $30,000,000 of the unobligated bal20 ances transferred to the capital account of the Department 

21 of Justice Working Capital Fund pursuant to title I of 

22 Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) 

23 shall be available for obligation in fiscal year 2013, and 

24 any use, obligation, transfer, or allocation of such funds 


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1 shall be treated as a reprogramming of funds under sec2 tion 505 of division B of Public Law 112–55. 

3 (c) Not to exceed $10,000,000 of the excess unobli4 gated balances available under section 524(c)(8)(E) of 

5 title 28, United States Code, shall be available for obliga6 tion during fiscal year 2013, and any use, obligation, 

7 transfer, or allocation of such funds shall be treated as 

8 a reprogramming of funds under section 505 of division 

9 B of Public Law 112–55. 

10 (d) Of amounts available in the Department of Jus11 tice Assets Forfeiture Fund in fiscal year 2013, 

12 $154,700,000 shall be for payments associated with joint 

13 law enforcement operations in fiscal year 2013 as author14 ized by section 524(c)(1)(I) of title 28, United States 

15 Code. 

16 (e) The Attorney General shall submit a spending 

17 plan to the Committees on Appropriations of the House 

18 of Representatives and the Senate not later than 45 days 

19 after the date of enactment of this division detailing the 

20 planned distribution of the Department of Justice Assets 

21 Forfeiture Fund joint law enforcement operations funding 

22 during fiscal year 2013. 

23 (f) Subsections (a) through (d) of this section shall 

24 sunset on September 30, 2013. 


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1 SEC. 1311. Notwithstanding section 1101, the level 

2 for ‘‘National Aeronautics and Space Administration, Ex3 ploration’’ shall be $4,152,000,000: Provided, That the 

4 amounts included under such heading in division B of 

5 Public Law 112–55 shall be applied to funds appropriated 

6 by this division as follows: by substituting 

7 ‘‘$2,119,000,000’’ for ‘‘$1,860,000,000’’; by substituting 

8 ‘‘$525,000,000’’ for ‘‘$406,000,000’’; by substituting 

9 ‘‘$308,000,000’’ for ‘‘$304,800,000’’; by substituting 

10 ‘‘$454,000,000’’ for ‘‘$316,500,000’’; and by substituting 

11 ‘‘$265,000,000’’ for ‘‘$58,000,000’’. 

12 SEC. 1312. Notwithstanding section 1101, the level 

13 for each of the following accounts shall be as follows: ‘‘Na14 tional Aeronautics and Space Administration, Space Oper15 ations’’, $4,000,000,000; and ‘‘National Aeronautics and 

16 Space Administration, Cross Agency Support’’, 

17 $2,847,400,000. 

18 TITLE IV—ENERGY AND WATER 

19 DEVELOPMENT AND RELATED AGENCIES 

20 SEC. 1401. (a) Notwithstanding section 1101, the 

21 level for ‘‘Department of Energy, Atomic Energy Defense 

22 Activities, National Nuclear Security Administration, 

23 Weapons Activities’’ shall be $7,577,341,000. 


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1 (b) Section 301(c) of division B of Public Law 112– 

2 74 shall not apply to amounts made available by this sec3 tion. 

4 SEC. 1402. In addition to amounts otherwise made 

5 available by this division, $150,000,000 is appropriated 

6 for ‘‘Department of Energy, Atomic Energy Defense Ac7 tivities, National Nuclear Security Administration, De8 fense Nuclear Nonproliferation’’ for domestic uranium en9 richment research, development, and demonstration. 

10 SEC. 1403. Section 14704 of title 40, United States 

11 Code, shall be applied to amounts made available by this 

12 division by substituting the date specified in section 1106 

13 of this division for ‘‘October 1, 2012’’. 

14 TITLE V—FINANCIAL SERVICES AND GENERAL 

15 GOVERNMENT 

16 SEC. 1501. (a) Notwithstanding any other provision 

17 of this division, except section 1106, the District of Co18 lumbia may expend local funds under the heading ‘‘Dis19 trict of Columbia Funds’’ for such programs and activities 

20 under title IV of H.R. 6020 (112th Congress), as reported 

21 by the Committee on Appropriations of the House of Rep22 resentatives, at the rate set forth under ‘‘District of Co23 lumbia Funds—Summary of Expenses’’ as included in the 

24 Fiscal Year 2013 Budget Request Act of 2012 (D.C. Act 


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1 19–381), as modified as of the date of the enactment of 

2 this division. 

3 (b) Section 803(b) of the Financial Services and Gen4 eral Government Appropriations Act, 2012 (division C of 

5 Public Law 112–74; 125 Stat. 940) is amended by strik6 ing ‘‘November 1, 2012’’ and inserting ‘‘November 1, 

7 2013’’. 

8 SEC. 1502. Notwithstanding section 1101, the level 

9 for ‘‘District of Columbia, Federal Funds, Federal Pay10 ment for Emergency Planning and Security Costs in the 

11 District of Columbia’’ shall be $24,700,000, of which not 

12 less than $9,800,000 shall be used for costs associated 

13 with the Presidential Inauguration. 

14 SEC. 1503. Notwithstanding section 1101, the fifth 

15 proviso under the heading ‘‘Federal Communications 

16 Commission, Salaries and Expenses’’ in division C of Pub17 lic Law 112–74 shall be applied by substituting 

18 ‘‘$98,739,000’’ for ‘‘$85,000,000’’. 

19 SEC. 1504. Notwithstanding any other provision of 

20 this division, amounts made available by section 1101 for 

21 ‘‘Department of the Treasury, Departmental Offices, Sal22 aries and Expenses’’ and ‘‘Department of the Treasury, 

23 Office of Inspector General, Salaries and Expenses’’ may 

24 be used for activities in connection with section 1602(e) 

25 of the Resources and Ecosystems Sustainability, Tourist 


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1 Opportunities, and Revived Economies of the Gulf Coast 

2 States Act of 2012 (subtitle F of title I of division A of 

3 Public Law 112–141). 

4 SEC. 1505. Notwithstanding section 1101, the level 

5 for ‘‘Office of Government Ethics, Salaries and Expenses’’ 

6 shall be $18,664,000, of which $5,000,000 shall be for de7 velopment and deployment of the centralized, publicly ac8 cessible database required in section 11(b) of the STOCK 

9 Act (Public Law 112–105). 

10 SEC. 1506. Notwithstanding section 1101, the level 

11 for ‘‘Small Business Administration, Business Loans Pro12 gram Account’’ for the cost of guaranteed loans as author13 ized by section 7(a) of the Small Business Act and section 

14 503 of the Small Business Investment Act of 1958 shall 

15 be $333,600,000. 

16 SEC. 1507. Of the unobligated balances available for 

17 ‘‘Department of the Treasury, Treasury Forfeiture 

18 Fund’’, $950,000,000 is rescinded. 

19 TITLE VI—HOMELAND SECURITY 

20 SEC. 1601. (a) Amounts made available by this divi21 sion for ‘‘Department of Homeland Security, U.S. Cus22 toms and Border Protection, Salaries and Expenses’’ shall 

23 be obligated as necessary to maintain the staffing levels 

24 (including by backfilling vacant positions) of Border Pa25 trol agents, Customs and Border Protection officers, and 


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1 Air and Marine interdiction agents in effect at the end 

2 of the fourth quarter of fiscal year 2012, or, with respect 

3 to Border Patrol agents, at such greater levels as may oth4 erwise be required in the second proviso under such head5 ing in division D of Public Law 112–74. 

6 (b) Not later than 30 days after the date of the enact7 ment of this division, the Commissioner of U.S. Customs 

8 and Border Protection shall submit to the Committees on 

9 Appropriations of the House of Representatives and the 

10 Senate a detailed expenditure plan for ‘‘Department of 

11 Homeland Security, U.S. Customs and Border Protection, 

12 Salaries and Expenses’’ at the program, project, and activ13 ity level that specifies how the Commissioner will maintain 

14 staffing levels as required under subsection (a) throughout 

15 fiscal year 2013. 

16 SEC. 1602. (a) Amounts made available by this divi17 sion for ‘‘Department of Homeland Security, U.S. Immi18 gration and Customs Enforcement, Salaries and Ex19 penses’’ shall be obligated as necessary to maintain a level 

20 not less than 34,000 detention beds as required in the 

21 sixth proviso under such heading in division D of Public 

22 Law 112–74. 

23 (b) Not later than 30 days after the date of the enact24 ment of this division, the Assistant Secretary of U.S. Im25 migration and Customs Enforcement shall submit to the 


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1 Committees on Appropriations of the House of Represent2 atives and the Senate a detailed expenditure plan for ‘‘De3 partment of Homeland Security, U.S. Immigration and 

4 Customs Enforcement, Salaries and Expenses’’ at the pro5 gram, project, and activity level that specifies how the As6 sistant Secretary will maintain detention bed levels as re7 quired under subsection (a) throughout fiscal year 2013. 

8 SEC. 1603. Notwithstanding section 1101, the levels 

9 for the following accounts of the Department of Homeland 

10 Security shall be as follows: 

11 (1) ‘‘Office of the Secretary and Executive 

12 Management’’, $126,074,000. 

13 (2) ‘‘Analysis and Operations’’, $322,280,000. 

14 (3) ‘‘U.S. Customs and Border Protection, Sal15 aries and Expenses’’, $9,024,610,000. 

16 (4) ‘‘U.S. Customs and Border Protection, Bor17 der Security Fencing, Infrastructure, and Tech18 nology’’, $324,099,000. 

19 (5) ‘‘U.S. Customs and Border Protection, Air 

20 and Marine Interdiction, Operations, Maintenance, 

21 and Procurement’’, $515,436,000. 

22 (6) ‘‘Transportation Security Administration, 

23 Transportation Security Support’’, $954,277,000. 

24 (7) ‘‘Transportation Security Administration, 

25 Federal Air Marshals’’, $910,563,000. 


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1 (8) ‘‘United States Secret Service, Salaries and 

2 Expenses’’, $1,601,454,000. 

3 (9) ‘‘National Protection and Programs Direc4 torate, United States Visitor and Immigrant Status 

5 Indicator Technology’’, $279,133,000. 

6 (10) ‘‘Office of Health Affairs’’, $132,499,000 

7 of which $85,390,000 shall be for BioWatch and 

8 $26,702,000 is for salaries and expenses. 

9 (11) ‘‘Federal Emergency Management Agency, 

10 Salaries and Expenses’’, $837,090,000, of which 

11 $35,180,000 shall be for the National Urban Search 

12 and Rescue Response System, not to exceed 

13 $22,000,000 shall be for capital improvements at 

14 the Mount Weather Emergency Operations Center, 

15 and not less than $5,000,000 shall be for expenses 

16 related to modernization of automated systems. 

17 (12) ‘‘United States Citizenship and Immigra18 tion Services’’, $111,924,000 for the E-Verify Pro19 gram. 

20 SEC. 1604. Notwithstanding section 1101, the level 

21 for ‘‘Department of Homeland Security, Transportation 

22 Security Administration, Aviation Security’’ shall be 

23 $5,048,008,000: Provided, That the amounts included 

24 under such heading in division D of Public Law 112–74 

25 shall be applied to funds appropriated by this division by 


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1 substituting ‘‘$3,972,020,000’’ for ‘‘$4,167,631,000’’; by 

2 substituting ‘‘$408,930,000’’ for ‘‘$543,103,000’’; by sub3 stituting ‘‘$115,204,000’’ for ‘‘$204,768,000’’; by sub4 stituting ‘‘$1,075,988,000’’ for ‘‘$1,086,325,000’’; by 

5 substituting ‘‘9 percent’’ for ‘‘10 percent’’; and by sub6 stituting ‘‘$2,978,008,000’’ for ‘‘$3,223,956,000’’. 

7 SEC. 1605. Notwithstanding section 1101, the level 

8 for ‘‘Department of Homeland Security, Coast Guard, Ac9 quisition, Construction, and Improvements’’ shall be 

10 $1,468,393,000, of which $1,005,800,000 shall be for ves11 sels, small boats, and related equipment, including 6 Fast 

12 Response Cutters, 1 National Security Cutter, 5 Response 

13 Boat-Mediums, and initial development of an icebreaker; 

14 and $190,500,000 shall be for aircraft including 1 

15 missionized HC-130J aircraft, 1 missionized HC-144 air16 craft, and one H-60 helicopter, $64,000,000 shall be for 

17 other acquisition programs, $94,411,000 shall be for 

18 shore, military housing, and aids to navigation, and 

19 $113,682,000 shall be for personnel compensation and 

20 benefits and other costs: Provided, That funds under this 

21 heading for vessels shall be immediately available and al22 lotted to contract for the production of the sixth National 

23 Security Cutter notwithstanding the availability of funds 

24 for post-production costs: Provided further, That the Coast 

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1 tire 3 HU-24 aircraft, disestablish the Patrol Boat High2 Tempo-Maintenance Operations, and disestablish the Vin3 tage Vessel National Center of Expertise. 

4 SEC. 1606. The following amounts are rescinded: 

5 (1) Of the funds made available for ‘‘Depart6 ment of Homeland Security, Coast Guard, Acquisi7 tion, Construction, and Improvements’’ in division D 

8 of Public Law 110–329, $25,000,000, to be derived 

9 from the amounts made available under such head10 ing for the fourth National Security Cutter. 

11 (2) Of the funds made available for ‘‘Depart12 ment of Homeland Security, Coast Guard, Acquisi13 tion, Construction, and Improvements’’ in Public 

14 Law 112–10, $43,500,000, to be derived from the 

15 amounts made available under such heading for the 

16 fifth National Security Cutter. 

17 SEC. 1607. (a) Notwithstanding section 1101, the 

18 level for ‘‘Department of Homeland Security, National 

19 Protection and Programs Directorate, Infrastructure Pro20 tection and Information Security’’ shall be 

21 $1,138,528,000: Provided, That of such amount, 

22 $328,000,000 shall be for Network Security Deployment, 

23 and $218,000,000 shall be for Federal Network Security 

24 to establish and sustain essential cybersecurity activities, 

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1 toring and diagnostics systems and intrusion detection 

2 systems for civilian Federal computer networks: Provided 

3 further, That of the aggregate amount made available in 

4 the preceding proviso for Network Security Deployment 

5 and Federal Network Security, $213,000,000 shall remain 

6 available until September 30, 2014. 

7 (b) Not later than 15 days after the date of the enact8 ment of this division, the Secretary of Homeland Security 

9 shall submit to the Committees on Appropriations of the 

10 House of Representatives and the Senate an updated ex11 penditure plan for essential cybersecurity activities de12 scribed in subsection (a). 

13 SEC. 1608. Section 532(a) of the Department of 

14 Homeland Security Appropriations Act, 2007 (Public Law 

15 109–295) is amended by striking ‘‘2012’’ and inserting 

16 ‘‘2013’’. 

17 SEC. 1609. Section 550(b) of the Department of 

18 Homeland Security Appropriations Act, 2007 (Public Law 

19 109–295; 6 U.S.C. 121 note) is amended by striking ‘‘on 

20 October 4, 2012’’ and inserting ‘‘on October 4, 2013’’. 

21 SEC. 1610. Section 831 of the Homeland Security 

22 Act of 2002 (6 U.S.C. 391) is amended— 

23 (1) in subsection (a), by striking ‘‘Until Sep24 tember 30, 2012,’’ and inserting ‘‘Until September 

25 30, 2013,’’; and 


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1 (2) in subsection (c)(1), by striking ‘‘September 

2 30, 2012,’’ and inserting ‘‘September 30, 2013,’’. 

3 SEC. 1611. (a) The third, fourth, and fifth provisos 

4 under the heading ‘‘Department of Homeland Security, 

5 Office of the Secretary and Executive Management’’ in di6 vision D of Public Law 112–74 shall not apply to funds 

7 appropriated by this division. 

8 (b) The second, third, and fourth provisos under the 

9 heading ‘‘Department of Homeland Security, National 

10 Protection and Programs Directorate, Management and 

11 Administration’’ in division D of Public Law 112–74 shall 

12 not apply to funds appropriated by this division. 

13 TITLE VII—INTERIOR, ENVIRONMENT, AND 

14 RELATED AGENCIES 

15 SEC. 1701. The contract authority provided for fiscal 

16 year 2013 by 16 U.S.C. 460l–10a is rescinded. 

17 SEC. 1702. Notwithstanding section 1101, the level 

18 for ‘‘Department of the Interior, Department-wide Pro19 grams, Wildland Fire Management’’ shall be 

20 $823,473,000: Provided, That of the amounts made avail21 able by section 140(b) of Public Law 112–175 (126 Stat. 

22 1321), $7,500,000 is rescinded. 

23 SEC. 1703. Section 10101(a) of the Omnibus Budget 

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1 ronment, and Related Agencies Appropriations Act, 2012 

2 (division E of Public Law 112–74; 125 Stat 1047), is fur3 ther amended— 

4 (1) in paragraph (1) in the first sentence, by 

5 striking ‘‘on’’ the first place it appears and inserting 

6 ‘‘before, on,’’; and 

7 (2) in paragraph (2)— 

8 (A) by striking ‘‘located’’ the second place 

9 it appears; 

10 (B) by inserting at the end of the fol11 lowing: ‘‘Such claim maintenance fee shall be in 

12 lieu of the assessment work requirement con13 tained in the Mining Law of 1872 (30 U.S.C. 

14 28 to 28e) and the related filing requirements 

15 contained in section 314(a) and (c) of the Fed16 eral Land Policy and Management Act of 1976 

17 (43 U.S.C. 1744(a) and (c)).’’; and 

18 (C) by striking ‘‘(a)’’ in the first sentence 

19 and inserting ‘‘(a)(1)’’. 

20 SEC. 1704. (a) Of the unobligated balances available 

21 under the following headings from prior appropriation 

22 Acts, the following amounts are rescinded: 

23 (1) ‘‘Hazardous Substance Superfund’’, 

24 $15,000,000. 


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1 (2) ‘‘State and Tribal Assistance Grants’’, 

2 $35,000,000, as follows: 

3 (A) $10,000,000 from unobligated 

4 Brownfields balances. 

5 (B) $5,000,000 from unobligated categor6 ical grant balances. 

7 (C) $10,000,000 from unobligated Drink8 ing Water State Revolving Funds balances. 

9 (D) $10,000,000 from unobligated Clean 

10 Water State Revolving Funds balances. 

11 (b) No amounts may be rescinded under subsection 

12 (a) from amounts that were designated by the Congress 

13 as an emergency requirement pursuant to a concurrent 

14 resolution on the budget or the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 SEC. 1705. Notwithstanding subsection (d)(2) of sec17 tion 33 of the Federal Insecticide, Fungicide, and 

18 Rodenticide Act (7 U.S.C. 136w-8), the Administrator of 

19 the Environmental Protection Agency may assess pesticide 

20 registration service fees under such section for fiscal year 

21 2013. 

22 SEC. 1706. Notwithstanding section 1101, the level 

23 for ‘‘Department of Agriculture, Forest Service, Wildland 

24 Fire Management’’ shall be $2,444,390,000. In addition 

25 to such amount, there is appropriated $40,000,000 for an 


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1 additional amount for fiscal year 2013 for such account, 

2 to remain available until expended, for repayment to other 

3 appropriations accounts from which funds were trans4 ferred in fiscal year 2012 for wildfire suppression. 

5 SEC. 1707. The authority provided by section 331 of 

6 the Department of the Interior and Related Agencies Ap7 propriations Act, 2000 (enacted by reference in section 

8 1000(a)(3) of Public Law 106–113; 16 U.S.C. 497 note) 

9 shall continue in effect through the date specified in sec10 tion 1106 of this division. 

11 SEC. 1708. Notwithstanding section 1101, the level 

12 for ‘‘Presidio Trust, Presidio Trust Fund’’ and ‘‘Dwight 

13 D. Eisenhower Memorial Commission, Capital Construc14 tion’’ shall be $0. 

15 SEC. 1709. Notwithstanding section 1101, section 

16 408 of division E of Public Law 112–74 (125 Stat. 1038) 

17 shall be applied to funds appropriated by this division by 

18 substituting ‘‘112–10, and 112–74’’ for ‘‘112–10’’ and by 

19 substituting ‘‘2012’’ for ‘‘2011’’. 

20 TITLE VIII—LABOR, HEALTH AND HUMAN 

21 SERVICES, EDUCATION, AND RELATED 

22 AGENCIES 

23 SEC. 1801. Of the funds made available to the ‘‘De24 partment of Labor, Employment and Training Adminis25 tration’’ from any previous appropriations acts that reVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 main unobligated as of the date of enactment of this divi2 sion, up to $40,000,000 may be transferred to ‘‘Employ3 ment and Training Administration, Office of Job Corps’’ 

4 for Job Corps operations for program years 2012 and 

5 2013 and shall be in addition to any other amounts avail6 able to the Office of Job Corps for such purposes: Pro7 vided, That not less than $15,000,000 shall be transferred 

8 within 30 days of enactment of this division to support 

9 Job Corps operations for the program year ending June 

10 30, 2013: Provided further, That, not later than 15 days 

11 after any transfer has been made under the authority of 

12 this section, the Secretary of Labor shall submit a report 

13 to the Committees on Appropriations of the House of Rep14 resentatives and the Senate that details the source of the 

15 transferred funds and the specific programs, projects, or 

16 activities for which such funds will be used, and provides 

17 a detailed explanation of the need for such transfer. 

18 SEC. 1802. Notwithstanding section 1101, the level 

19 for ‘‘Department of Labor, Veterans Employment and 

20 Training’’ shall be $264,436,000, of which $226,251,000 

21 shall be derived from the Employment Security Adminis22 tration Account in the Unemployment Trust Fund: Pro23 vided, That the level provided under such heading for Vet24 erans Workforce Investment Program grants shall be used 

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1 thorized by the VOW to Hire Heroes Act of 2011, shall 

2 be available through September 30, 2013, and shall be in 

3 addition to any other funds available for those purposes: 

4 Provided further, That of the level provided under such 

5 heading, not less than $14,000,000 shall be for the Tran6 sition Assistance Program, and $3,414,000 shall be for 

7 the National Veterans’ Employment and Training Services 

8 Institute. 

9 SEC. 1803. The first proviso under the heading ‘‘De10 partment of Health and Human Services, Administration 

11 for Children and Families, Low Income Home Energy As12 sistance’’ in division F of Public Law 112–74 shall be ap13 plied to amounts made available by this division by sub14 stituting ‘‘2013’’ for ‘‘2012’’. 

15 SEC. 1804. Notwithstanding section 1101, the level 

16 for ‘‘Department of Health and Human Services, Admin17 istration for Children and Families, Refugee and Entrant 

18 Assistance’’ shall be $992,000,000. 

19 SEC. 1805. Notwithstanding section 1101, the rescis20 sions made in sections 522 and 525 of division F of Public 

21 Law 112–74 shall be repeated in this division with respect 

22 to funds available for fiscal year 2013. 

23 SEC. 1806. Of the amount provided by section 1101 

24 for ‘‘Department of Education, Safe Schools and Citizen25 ship Education’’ for subpart 2 of part A of title IV of 


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1 the Elementary and Secondary Education Act of 1965, 

2 $3,000,000, to remain available until expended, shall be 

3 for the Project School Emergency Response to Violence 

4 program to provide education-related services to local edu5 cational agencies and institutions of higher education in 

6 which the learning environment has been disrupted due 

7 to a violent or traumatic crisis. 

8 TITLE IX—LEGISLATIVE BRANCH 

9 SEC. 1901. (a) Of the amounts made available by sec10 tion 1101 for accounts under the heading ‘‘Architect of 

11 the Capitol’’, the Architect of the Capitol may transfer an 

12 aggregate amount of not more than $61,247,000 to ‘‘Ar13 chitect of the Capitol, Capitol Building’’, solely for ex14 penses related to the rehabilitation of the United States 

15 Capitol Dome. 

16 (b) The transfer of amounts under the authority of 

17 subsection (a) shall be subject to the approval of the Com18 mittees on Appropriations of the House of Representatives 

19 and Senate. 

20 (c) Any amounts transferred under the authority of 

21 subsection (a) shall remain available until expended. 

22 TITLE X—DEPARTMENT OF STATE, FOREIGN 

23 OPERATIONS, AND RELATED PROGRAMS 

24 SEC. 2001. (a) Notwithstanding section 1101, the 

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1 seas Contingency Operations/Global War on Terrorism, 

2 Department of State, Administration of Foreign Affairs, 

3 Diplomatic and Consular Programs’’, $4,169,640,000, of 

4 which $952,695,000 is for Worldwide Security Protection 

5 (to be available until expended); and ‘‘Overseas Contin6 gency Operations/Global War on Terrorism, Department 

7 of State, Administration of Foreign Affairs, Embassy Se8 curity, Construction, and Maintenance’’, $1,362,124,000: 

9 Provided, That funds made available under this subsection 

10 shall be used for operations at high threat posts, security 

11 programs to protect personnel and property under Chief 

12 of Mission authority, preventing the compromise of classi13 fied United States Government information and equip14 ment, and security construction or upgrade requirements 

15 at Department of State facilities worldwide, including for 

16 Worldwide Security Upgrades. 

17 (b) Of the unobligated balances from funds appro18 priated in title VIII of division I of Public Law 112–74 

19 under the heading ‘‘Overseas Contingency Operations/ 

20 Global War on Terrorism, Department of State, Adminis21 tration of Foreign Affairs, Diplomatic and Consular Pro22 grams’’ and designated by the Congress for Overseas Con23 tingency Operations/Global War on Terrorism pursuant to 

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1 gency Deficit Control Act of 1985, $1,109,700,000 is re2 scinded. 

3 (c) The Secretary of State shall submit a report to 

4 the Committees on Appropriations of the House of Rep5 resentatives and the Senate providing an assessment of 

6 security requirements at United States diplomatic facili7 ties abroad, a comprehensive plan for addressing such re8 quirements, and a detailed description of embassy security 

9 improvements to be supported from funds made available 

10 under this section. Such report shall be submitted in un11 classified form, but may include a classified annex if ap12 propriate. 

13 SEC. 2002. The amounts included in the first para14 graph under the heading ‘‘International Security Assist15 ance, Funds Appropriated to the President, Foreign Mili16 tary Financing Program’’ in title IV of division I of Public 

17 Law 112–74 shall be applied to funds appropriated by this 

18 division by substituting in the second proviso 

19 ‘‘$3,100,000,000’’ for ‘‘$3,075,000,000’’ and by sub20 stituting in the fourth proviso ‘‘$815,300,000’’ for 

21 ‘‘$808,725,000’’. 

22 SEC. 2003. (a) Notwithstanding section 1101, the 

23 level for each of the following accounts shall be $0: ‘‘Multi24 lateral Assistance, International Financial Institutions, 

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1 eral Investment Fund’’ and ‘‘Multilateral Assistance, 

2 International Financial Institutions, European Bank for 

3 Reconstruction and Development, Limitation on Callable 

4 Capital Subscriptions’’. 

5 (b) Notwithstanding section 1101, the level for the 

6 second paragraph for each of the following accounts shall 

7 be $0: ‘‘Multilateral Assistance, International Financial 

8 Institutions, Contribution to the International Develop9 ment Association’’, ‘‘Multilateral Assistance, International 

10 Financial Institutions, Contribution to the Inter-American 

11 Development Bank’’, and ‘‘Multilateral Assistance, Inter12 national Financial Institutions, Contribution to the Afri13 can Development Fund’’. 

14 SEC. 2004. The Foreign Operations, Export Financ15 ing, and Related Programs Appropriations Act, 1990 

16 (Public Law 101–167) is amended— 

17 (a) in section 599D (8 U.S.C. 1157 note)— 

18 (1) in subsection (b)(3), by striking ‘‘and 

19 2012’’ and inserting ‘‘2012, and 2013’’; and 

20 (2) in subsection (e), by striking ‘‘2012’’ each 

21 place it appears and inserting ‘‘2013’’; and 

22 (b) in section 599E (8 U.S.C. 1255 note) in sub23 section (b)(2), by striking ‘‘2012’’ and inserting ‘‘2013’’. 

24 SEC. 2005. Of the unexpended balances available 

25 under the heading ‘‘Export and Investment Assistance, 


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1 Export-Import Bank of the United States, Subsidy Appro2 priation’’ from prior Acts making appropriations for the 

3 Department of State, foreign operations, and related pro4 grams, $216,213,000 is rescinded. 

5 TITLE XI—TRANSPORTATION, HOUSING AND 

6 URBAN DEVELOPMENT, AND RELATED 

7 AGENCIES 

8 SEC. 2101. (a) Section 120 of division C of Public 

9 Law 112–55 shall not apply to amounts made available 

10 by this division. 

11 (b) During the period covered by this division, section 

12 1102 of Public Law 112–141 shall be applied— 

13 (1) in subsection (a)(1), by substituting 

14 ‘‘$39,143,582,670’’ for ‘‘$39,699,000,000’’; 

15 (2) in subsection (b)(10), as if the limitation 

16 applicable through fiscal year 2011 applied through 

17 fiscal year 2012; and 

18 (3) in subsection (c)(5), by treating the ref19 erence to section 204 of title 23, United States 

20 Code, as a reference to sections 202 and 204 of such 

21 title. 

22 SEC. 2102. Notwithstanding section 1101, the level 

23 for ‘‘Department of Transportation, National Highway 

24 Traffic Safety Administration, Highway Traffic Safety 

25 Grants’’ shall be $501,828,000: Provided, That the matter 


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1 under such heading in division C of Public Law 112–55 

2 shall be applied to amounts made available by this division 

3 as follows: 

4 (1) by substituting ‘‘$501,828,000’’ for 

5 ‘‘$550,328,000’’ the second place it appears; 

6 (2) by substituting ‘‘23 U.S.C. 402 and 405 

7 (‘National Priority Safety Programs’), section 

8 31101(a)(6) of Public Law 112–141, and section 

9 2009 of Public Law 109–59 (as amended by Public 

10 Law 112–141)’’ for ‘‘23 U.S.C. 402, 405, 406, 408, 

11 and 410 and sections 2001(a)(11), 2009, 2010, and 

12 2011 of Public Law 109–59’’ each place it appears; 

13 (3) by substituting ‘‘fiscal year 2013’’ for ‘‘fis14 cal year 2012’’; 

15 (4) by substituting ‘‘ ‘Occupant Protection 

16 Grants’ under 23 U.S.C. 405(b)’’ for ‘‘ ‘Occupant 

17 Protection Incentive Grants’ under 23 U.S.C. 405’’; 

18 (5) by substituting ‘‘$0’’ for ‘‘$48,500,000’’; 

19 (6) by substituting ‘‘ ‘State Traffic Safety In20 formation System Improvements’ under 23 U.S.C. 

21 405(c)’’ for ‘‘ ‘State Traffic Safety Information Sys22 tem Improvements’ under 23 U.S.C. 408’’; 

23 (7) by substituting ‘‘ ‘Impaired Driving Coun24 termeasures’ under 23 U.S.C. 405(d)’’ for ‘‘ ‘AlcoVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 hol-Impaired Driving Countermeasures Incentive 

2 Grant Program’ under 23 U.S.C. 410’’; 

3 (8) by substituting ‘‘ ‘Administrative Expenses’ 

4 under section 31101(a)(6) of Public Law 112–141’’ 

5 for ‘‘ ‘Administrative Expenses’ under section 

6 2001(a)(11) of Public Law 109–59’’; 

7 (9) by substituting ‘‘ ‘Motorcyclist Safety’ under 

8 23 U.S.C. 405(f)’’ for ‘‘ ‘Motorcyclist Safety’ under 

9 section 2010 of Public Law 109–59’’; 

10 (10) by substituting ‘‘ ‘Occupant Protection 

11 Grants’ under 23 U.S.C. 405(b)’’ for ‘‘ ‘Child Safety 

12 and Child Booster Seat Safety Incentive Grants’ 

13 under section 2011 of Public Law 109–59’’; 

14 (11) by substituting ‘‘section 405(a)(1)(C) of 

15 title 23, United States Code’’ for ‘‘section 410 ‘Alco16 hol-Impaired Driving Countermeasures Grants’ ’’; 

17 (12) by substituting ‘‘$0’’ for ‘‘$750,000’’; and 

18 (13) by substituting ‘‘$0’’ for ‘‘$25,000,000’’. 

19 SEC. 2103. The matter under the heading ‘‘Depart20 ment of Transportation, Federal Transit Administration, 

21 Formula and Bus Grants’’ in division C of Public Law 

22 112–55 shall be applied to amounts made available by this 

23 division by substituting ‘‘49 U.S.C. 5305, 5307, 5310, 

24 5311, 5318, 5322(d), 5335, 5337, 5339, and 5340’’ for 

25 ‘‘49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 


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1 5317, 5320, 5335, 5339, and 5340 and section 3038 of 

2 Public Law 105–178, as amended’’ each place it appears. 

3 SEC. 2104. Section 601(e)(1)(B) of division B of 

4 Public Law 110–432 shall be applied by substituting the 

5 date specified in section 1106 of this division for ‘‘4 years 

6 after such date’’. 

7 SEC. 2105. Section 112 of division C of Public Law 

8 112–55 shall be applied to funds appropriated by this divi9 sion by treating such section as if it were amended by 

10 striking ‘‘49 U.S.C. 41742(b) shall not apply, and’’. 

11 SEC. 2106. The first proviso under the heading ‘‘De12 partment of Housing and Urban Development, Commu13 nity Planning and Development, Homeless Assistance 

14 Grants’’ in division C of Public Law 112–55 (125 Stat. 

15 685) shall be applied to amounts appropriated by this divi16 sion by substituting ‘‘not more than’’ for ‘‘not less than’’. 

17 SEC. 2107. Notwithstanding section 1101, the level 

18 for ‘‘Department of Housing and Urban Development, 

19 Public and Indian Housing, Indian Housing Loan Guar20 antee Fund Program Account’’ shall be $7,360,000: Pro21 vided, That the second proviso under such heading in divi22 sion C of Public Law 112–55 shall be applied to funds 

23 appropriated by this division by substituting 

24 ‘‘$976,000,000’’ for ‘‘$360,000,000’’. 


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1 This division may be cited as the ‘‘Full-Year Con2 tinuing Appropriations Act, 2013’’. 

3 DIVISION D—ACROSS-THE-BOARD REDUCTIONS 

4 SEC. 3001. (a) There is hereby rescinded the applica5 ble percentage (as specified in subsection (b)) of— 

6 (1) the budget authority provided (or obligation 

7 limit imposed) for fiscal year 2013 for any discre8 tionary account in divisions A through C of this Act; 

9 (2) the budget authority provided in any ad10 vance appropriation for fiscal year 2013 for any dis11 cretionary account in any prior fiscal year appro12 priation Act; and 

13 (3) the contract authority provided in fiscal 

14 year 2013 for any program subject to limitation in15 corporated or otherwise contained in divisions A 

16 through C of this Act. 

17 (b)(1) For purposes of subsection (a), the applicable 

18 percentage shall be— 

19 (A) for budget authority in the nonsecurity cat20 egory (as defined in section 250(c)(4)(A) of the Bal21 anced Budget and Emergency Deficit Control Act of 

22 1985), 0.098 percent; and 

23 (B) for budget authority in the security cat24 egory (as defined in section 250(c)(4)(B) of the BalVerDate Mar 15 2010 23:18 Mar 04, 2013 Jkt 029200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\H933.IH H933

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1 anced Budget and Emergency Deficit Control Act of 

2 1985), 0.109 percent. 

3 (2) If, for fiscal year 2013, the amount of new budget 

4 authority provided in appropriation Acts exceeds the dis5 cretionary spending limits set forth in section 251(c)(2) 

6 of the Balanced Budget and Emergency Deficit Control 

7 Act on new budget authority for any category due to esti8 mating differences with the Congressional Budget Office, 

9 the Director of the Office of Management and Budget 

10 shall increase the applicable percentage in paragraph (1) 

11 with respect to that category by such amount as is nec12 essary to eliminate the amount of the excess in that cat13 egory. 

14 (c) Any rescission made by subsection (a) shall be ap15 plied proportionately— 

16 (1) to each discretionary account and each item 

17 of budget authority described in such subsection; 

18 and 

19 (2) within each such account and item, to each 

20 program, project, and activity (with programs, 

21 projects, and activities as delineated in the applica22 ble appropriation Act or accompanying reports cov23 ering such account or item). 

24 (d) This section shall not apply to— 


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1 (1) amounts designated by the Congress for 

2 Overseas Contingency Operations/Global War on 

3 Terrorism pursuant to section 251(b)(2)(A) of the 

4 Balanced Budget and Emergency Deficit Control 

5 Act of 1985 or as being for disaster relief pursuant 

6 to section 251(b)(2)(D) of such Act; or 

7 (2) the amount made available by division C of 

8 this Act for ‘‘Social Security Administration, Limita9 tion on Administrative Expenses’’ for continuing dis10 ability reviews under titles II and XVI of the Social 

11 Security Act and for the cost associated with con12 ducting redeterminations of eligibility under title 

13 XVI of the Social Security Act. 

14 (e) Within 30 days after the date of the enactment 

15 of this section, the Director of the Office of Management 

16 and Budget shall submit to the Committees on Appropria17 tions of the House of Representatives and the Senate a 

18 report specifying the account and amount of each rescis19 sion made pursuant to this section. 

20 SEC. 3002. Notwithstanding any other provision of 

21 this Act, if, on or after the date of enactment of this Act, 

22 a sequestration order issued by the President pursuant to 

23 section 251A(7)(A) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985 is in effect, the reduc25 tions in each discretionary account under such order shall 


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1 apply to the amounts provided in this Act consistent with 

2 section 253(f) of that Act, and shall be in addition to any 

3 reductions required by section 251(a) of that Act. 

Æ 


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