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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 933 Placed on Calendar Senate (PCS)]

                                                        Calendar No. 21
113th CONGRESS
  1st Session
                                H. R. 933

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2013

        Received; read twice and ordered placed on the calendar

_______________________________________________________________________

                                 AN ACT

 
Making appropriations for the Department of Defense, the Department of 
  Veterans Affairs, and other departments and agencies for the fiscal 
        year ending September 30, 2013, and for other purposes.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

        Division A--Department of Defense Appropriations Act, 2013
        Division B--Military Construction and Veterans Affairs, and 
                            Related Agencies Appropriations Act, 2013
        Division C--Full-Year Continuing Appropriations Act, 2013
        Division D--Across-the-Board Reductions

SEC. 3. REFERENCES.

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

SEC. 4. EXPLANATORY STATEMENT.

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

SEC. 5. AVAILABILITY OF FUNDS.

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of 1985 shall be available (or rescinded, if applicable) only if the 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

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2013

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

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty, (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $40,199,263,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $26,902,346,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $12,531,549,000.

                     Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of 
the Reserve Officers' Training Corps; and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, $28,052,826,000.

                        Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $4,456,823,000.

                        Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and expenses authorized by 
section 16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $1,874,023,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$658,251,000.

                      Reserve Personnel, Air Force

     For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air Force Reserve on active 
duty under sections 10211, 10305, and 8038 of title 10, United States 
Code, or while serving on active duty under section 12301(d) of title 
10, United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $1,722,425,000.

                     National Guard Personnel, Army

     For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army National Guard while on 
duty under section 10211, 10302, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$7,981,577,000.

                  National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$3,153,990,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $12,478,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes, $35,409,260,000.

                    Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $14,804,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$41,614,453,000.

                Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$6,034,963,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,699,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes, $34,780,406,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$31,862,980,000: Provided, That not more than $30,000,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code: Provided further, That not to 
exceed $36,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of Defense, and payments may be made on his certificate of necessity 
for confidential military purposes: Provided further, That of the funds 
provided under this heading, not less than $36,480,000 shall be made 
available for the Procurement Technical Assistance Cooperative 
Agreement Program, of which not less than $3,600,000 shall be available 
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That 
none of the funds appropriated or otherwise made available by this Act 
may be used to plan or implement the consolidation of a budget or 
appropriations liaison office of the Office of the Secretary of 
Defense, the office of the Secretary of a military department, or the 
service headquarters of one of the Armed Forces into a legislative 
affairs or legislative liaison office: Provided further, That 
$8,563,000, to remain available until expended, is available only for 
expenses relating to certain classified activities, and may be 
transferred as necessary by the Secretary of Defense to operation and 
maintenance appropriations or research, development, test and 
evaluation appropriations, to be merged with and to be available for 
the same time period as the appropriations to which transferred: 
Provided further, That any ceiling on the investment item unit cost of 
items that may be purchased with operation and maintenance funds shall 
not apply to the funds described in the preceding proviso: Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this 
Act.

                Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,182,923,000.

                Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,256,347,000.

            Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $277,377,000.

              Operation and Maintenance, Air Force Reserve

     For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,261,324,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized 
by law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $7,154,161,000.

             Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department 
of Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $6,494,326,000.

          United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $13,516,000, of which not to exceed 
$5,000 may be used for official representation purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

    For the Department of the Army, $335,921,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

                    Environmental Restoration, Navy

                     (including transfer of funds)

    For the Department of the Navy, $310,594,000, to remain available 
until transferred: Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

    For the Department of the Air Force, $529,263,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

    For the Department of Defense, $11,133,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

    For the Department of the Army, $287,543,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of 
title 10, United States Code), $108,759,000, to remain available until 
September 30, 2014.

                  Cooperative Threat Reduction Account

    For assistance to the republics of the former Soviet Union and, 
with appropriate authorization by the Department of Defense and 
Department of State, to countries outside of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons components, 
and weapon-related technology and expertise; for programs relating to 
the training and support of defense and military personnel for 
demilitarization and protection of weapons, weapons components and 
weapons technology and expertise, and for defense and military 
contacts, $519,111,000, to remain available until September 30, 2015.

      Department of Defense Acquisition Workforce Development Fund

    For the Department of Defense Acquisition Workforce Development 
Fund, $50,198,000.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

     For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $6,028,754,000, to remain available for obligation until 
September 30, 2015.

                       Missile Procurement, Army

     For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,535,433,000, to remain available for obligation until 
September 30, 2015.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$1,857,823,000, to remain available for obligation until September 30, 
2015.

                    Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $1,641,306,000, to remain available for 
obligation until September 30, 2015.

                        Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$5,741,664,000, to remain available for obligation until September 30, 
2015.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $17,382,152,000, to remain available for obligation 
until September 30, 2015.

                       Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $3,036,871,000, to remain available 
for obligation until September 30, 2015.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $659,897,000, to remain available for 
obligation until September 30, 2015.

                   Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procurement of 
critical, long lead time components and designs for vessels to be 
constructed or converted in the future; and expansion of public and 
private plants, including land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title, as follows:
            Carrier Replacement Program, $565,371,000;
            Virginia Class Submarine, $3,217,601,000;
            Virginia Class Submarine (AP), $1,652,557,000;
            CVN Refuelings, $1,613,392,000;
            CVN Refuelings (AP), $70,010,000;
            DDG-1000 Program, $669,222,000;
            DDG-51 Destroyer, $4,036,628,000;
            DDG-51 Destroyer (AP), $466,283,000;
            Littoral Combat Ship, $1,784,959,000;
            LPD-17 (AP), $263,255,000;
            Joint High Speed Vessel, $189,196,000;
            Moored Training Ship, $307,300,000;
            LCAC Service Life Extension Program, $85,830,000; and
            For outfitting, post delivery, conversions, and first 
        destination transportation, $290,035,000.
            Completion of Prior Year Shipbuilding Programs, 
        $372,573,000.
    In all: $15,584,212,000, to remain available for obligation until 
September 30, 2017: Provided, That additional obligations may be 
incurred after September 30, 2017, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards.

                        Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except 
ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of passenger motor vehicles for replacement 
only; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway, $5,955,078,000, to 
remain available for obligation until September 30, 2015.

                       Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, 
and accessories therefor; plant equipment, appliances, and machine 
tools, and installation thereof in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title, $1,411,411,000, to remain available for obligation 
until September 30, 2015.

                    Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $11,774,019,000, to remain available for 
obligation until September 30, 2015.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes including rents and transportation of things, 
$4,962,376,000, to remain available for obligation until September 30, 
2015.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $594,694,000, to remain available for 
obligation until September 30, 2015.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only; lease of passenger motor vehicles; and 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon, prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway, $17,082,508,000, to remain 
available for obligation until September 30, 2015.

                       Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of passenger motor vehicles for replacement only; expansion of 
public and private plants, equipment, and installation thereof in such 
plants, erection of structures, and acquisition of land for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $4,878,985,000, to remain available for obligation until 
September 30, 2015.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $223,531,000, to remain available 
until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$8,676,627,000, to remain available for obligation until September 30, 
2014.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$16,963,398,000, to remain available for obligation until September 30, 
2014: Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique operational 
requirements of the Special Operations Forces: Provided further, That 
funds appropriated in this paragraph shall be available for the Cobra 
Judy program.

         Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$25,432,738,000, to remain available for obligation until September 30, 
2014.

        Research, Development, Test and Evaluation, Defense-Wide

                     (including transfer of funds)

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic and 
applied scientific research, development, test and evaluation; advanced 
research projects as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $18,631,946,000, to remain 
available for obligation until September 30, 2014: Provided, That of 
the funds made available in this paragraph, $250,000,000 for the 
Defense Rapid Innovation Program shall only be available for expenses, 
not otherwise provided for, to include program management and 
oversight, to conduct research, development, test and evaluation to 
include proof of concept demonstration; engineering, testing, and 
validation; and transition to full-scale production: Provided further, 
That the Secretary of Defense may transfer funds provided herein for 
the Defense Rapid Innovation Program to appropriations for research, 
development, test and evaluation to accomplish the purpose provided 
herein: Provided further, That this transfer authority is in addition 
to any other transfer authority available to the Department of Defense: 
Provided further, That the Secretary of Defense shall, not fewer than 
30 days prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and 
Evaluation, in the direction and supervision of operational test and 
evaluation, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith, $223,768,000, to remain available for obligation 
until September 30, 2014.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

     For the Defense Working Capital Funds, $1,516,184,000.

                     National Defense Sealift Fund

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

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense as authorized by law, 
$32,715,304,000; of which $30,885,165,000 shall be for operation and 
maintenance, of which not to exceed one percent shall remain available 
until September 30, 2014, and of which up to $15,934,952,000 may be 
available for contracts entered into under the TRICARE program; of 
which $521,762,000, to remain available for obligation until September 
30, 2015, shall be for procurement; and of which $1,308,377,000, to 
remain available for obligation until September 30, 2014, shall be for 
research, development, test and evaluation: Provided, That, 
notwithstanding any other provision of law, of the amount made 
available under this heading for research, development, test and 
evaluation, not less than $8,000,000 shall be available for HIV 
prevention educational activities undertaken in connection with United 
States military training, exercises, and humanitarian assistance 
activities conducted primarily in African nations: Provided further, 
That of the funds provided to develop a joint Department of Defense--
Department of Veterans Affairs (DOD-VA) integrated Electronic Health 
Record, not more than 25 percent may be obligated until the DOD-VA 
Interagency Program Office submits to the Committees on Appropriations 
of both Houses of Congress, and such Committees approve, a plan for 
expenditure that: (1) defines the budget and cost baseline for 
development of the integrated Electronic Health Record; (2) identifies 
the deployment timeline for the system for both agencies; (3) breaks 
out annual and total spending for each Department; (4) relays detailed 
cost-sharing business rules; (5) establishes data standardization 
schedules between the Departments; (6) has been submitted to the 
Government Accountability Office for review; and (7) complies with the 
acquisition rules, requirements, guidelines, and systems acquisition 
management practices of the Federal Government.

           Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $1,301,786,000, of which $635,843,000 shall 
be for operation and maintenance, of which no less than $53,948,000 
shall be for the Chemical Stockpile Emergency Preparedness Program, 
consisting of $22,214,000 for activities on military installations and 
$31,734,000, to remain available until September 30, 2014, to assist 
State and local governments; $18,592,000 shall be for procurement, to 
remain available until September 30, 2015, of which $1,823,000 shall be 
for the Chemical Stockpile Emergency Preparedness Program to assist 
State and local governments; and $647,351,000, to remain available 
until September 30, 2014, shall be for research, development, test and 
evaluation, of which $627,705,000 shall only be for the Assembled 
Chemical Weapons Alternatives (ACWA) program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
operation and maintenance; for procurement; and for research, 
development, test and evaluation, $1,159,263,000: Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which transferred: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority contained elsewhere in this Act.

                    Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $350,321,000, of which $347,621,000 shall be for operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; and of which $2,700,000, to remain available until September 
30, 2015, shall be for procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $514,000,000.

               Intelligence Community Management Account

    For necessary expenses of the Intelligence Community Management 
Account, $534,421,000.

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001.  No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes not authorized by 
the Congress.
    Sec. 8002.  During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense: Provided, That salary increases granted 
to direct and indirect hire foreign national employees of the 
Department of Defense funded by this Act shall not be at a rate in 
excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of Defense foreign 
service national employees serving at United States diplomatic missions 
whose pay is set by the Department of State under the Foreign Service 
Act of 1980: Provided further, That the limitations of this provision 
shall not apply to foreign national employees of the Department of 
Defense in the Republic of Turkey.
    Sec. 8003.  No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year, 
unless expressly so provided herein.
    Sec. 8004.  No more than 20 percent of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last 2 months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training 
of the Reserve Officers' Training Corps.

                          (transfer of funds)

    Sec. 8005.  Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, he may, with the 
approval of the Office of Management and Budget, transfer not to exceed 
$4,000,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by the Congress: Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress: 
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made prior to June 
30, 2013: Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section.
    Sec. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments to 
budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled ``Explanation of Project 
Level Adjustments'' in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act), the 
obligation and expenditure of amounts appropriated or otherwise made 
available in this Act for those programs, projects, and activities for 
which the amounts appropriated exceed the amounts requested are hereby 
required by law to be carried out in the manner provided by such tables 
to the same extent as if the tables were included in the text of this 
Act.
    (b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
for purposes of section 8005 of this Act: Provided, That section 8005 
shall apply when transfers of the amounts described in subsection (a) 
occur between appropriation accounts.
    Sec. 8007. (a) Not later than 60 days after enactment of this Act, 
the Department of Defense shall submit a report to the congressional 
defense committees to establish the baseline for application of 
reprogramming and transfer authorities for fiscal year 2013: Provided, 
That the report shall include--
            (1) a table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation both 
        by budget activity and program, project, and activity as 
        detailed in the Budget Appendix; and
            (3) an identification of items of special congressional 
        interest.
    (b) Notwithstanding section 8005 of this Act, none of the funds 
provided in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency requirement.

                          (transfer of funds)

    Sec. 8008.  During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established pursuant 
to section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disbursements 
to be made from such funds: Provided, That transfers may be made 
between such funds: Provided further, That transfers may be made 
between working capital funds and the ``Foreign Currency Fluctuations, 
Defense'' appropriation and the ``Operation and Maintenance'' 
appropriation accounts in such amounts as may be determined by the 
Secretary of Defense, with the approval of the Office of Management and 
Budget, except that such transfers may not be made unless the Secretary 
of Defense has notified the Congress of the proposed transfer. Except 
in amounts equal to the amounts appropriated to working capital funds 
in this Act, no obligations may be made against a working capital fund 
to procure or increase the value of war reserve material inventory, 
unless the Secretary of Defense has notified the Congress prior to any 
such obligation.
    Sec. 8009.  Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense committees.
    Sec. 8010.  None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one year of 
the contract or that includes an unfunded contingent liability in 
excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any one year, unless the 
congressional defense committees have been notified at least 30 days in 
advance of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further, That no part of any appropriation 
contained in this Act shall be available to initiate multiyear 
procurement contracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to the 
congressional defense committees: Provided further, That the execution 
of multiyear authority shall require the use of a present value 
analysis to determine lowest cost compared to an annual procurement: 
Provided further, That none of the funds provided in this Act may be 
used for a multiyear contract executed after the date of the enactment 
of this Act unless in the case of any such contract--
            (1) the Secretary of Defense has submitted to Congress a 
        budget request for full funding of units to be procured through 
        the contract and, in the case of a contract for procurement of 
        aircraft, that includes, for any aircraft unit to be procured 
        through the contract for which procurement funds are requested 
        in that budget request for production beyond advance 
        procurement activities in the fiscal year covered by the 
        budget, full funding of procurement of such unit in that fiscal 
        year;
            (2) cancellation provisions in the contract do not include 
        consideration of recurring manufacturing costs of the 
        contractor associated with the production of unfunded units to 
        be delivered under the contract;
            (3) the contract provides that payments to the contractor 
        under the contract shall not be made in advance of incurred 
        costs on funded units; and
            (4) the contract does not provide for a price adjustment 
        based on a failure to award a follow-on contract.
    Funds appropriated in title III of this Act may be used for a 
multiyear procurement contract as follows:
    F/A-18E, F/A-18F, and EA-18G aircraft; up to 10 DDG-51 Arleigh 
Burke class Flight IIA guided missile destroyers, as well as the AEGIS 
Weapon Systems, MK 41 Vertical Launching Systems, and Commercial 
Broadband Satellite Systems associated with those vessels; SSN-774 
Virginia class submarine and government-furnished equipment; CH-47 
Chinook helicopter; and V-22 Osprey aircraft variants.
    Sec. 8011.  Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. Such funds may also be obligated for humanitarian and civic 
assistance costs incidental to authorized operations and pursuant to 
authority granted in section 401 of chapter 20 of title 10, United 
States Code, and these obligations shall be reported as required by 
section 401(d) of title 10, United States Code: Provided, That funds 
available for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using Civic Action 
Teams in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact of Free 
Association as authorized by Public Law 99-239: Provided further, That 
upon a determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at Army 
medical facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable basis, for 
civilian patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.
    Sec. 8012. (a) During fiscal year 2013, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) The fiscal year 2014 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2014 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2014.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8013.  None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8014.  None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment: Provided, That this section shall 
not apply to those members who have reenlisted with this option prior 
to October 1, 1987: Provided further, That this section applies only to 
active components of the Army.

                          (transfer of funds)

    Sec. 8015.  Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred 
to any other appropriation contained in this Act solely for the purpose 
of implementing a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as 
amended, under the authority of this provision or any other transfer 
authority contained in this Act.
    Sec. 8016.  None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States: Provided, That for the purpose of 
this section, the term ``manufactured'' shall include cutting, heat 
treating, quality control, testing of chain and welding (including the 
forging and shot blasting process): Provided further, That for the 
purpose of this section substantially all of the components of anchor 
and mooring chain shall be considered to be produced or manufactured in 
the United States if the aggregate cost of the components produced or 
manufactured in the United States exceeds the aggregate cost of the 
components produced or manufactured outside the United States: Provided 
further, That when adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis, the Secretary of 
the service responsible for the procurement may waive this restriction 
on a case-by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order to 
acquire capability for national security purposes.
    Sec. 8017.  None of the funds available to the Department of 
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1 
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or 
M-1911 pistols, or to demilitarize or destroy small arms ammunition or 
ammunition components that are not otherwise prohibited from commercial 
sale under Federal law, unless the small arms ammunition or ammunition 
components are certified by the Secretary of the Army or designee as 
unserviceable or unsafe for further use.
    Sec. 8018.  No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region: 
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the best 
interest of the Government.
    Sec. 8019.  In addition to the funds provided elsewhere in this 
Act, $15,000,000 is appropriated only for incentive payments authorized 
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): 
Provided, That a prime contractor or a subcontractor at any tier that 
makes a subcontract award to any subcontractor or supplier as defined 
in section 1544 of title 25, United States Code, or a small business 
owned and controlled by an individual or individuals defined under 
section 4221(9) of title 25, United States Code, shall be considered a 
contractor for the purposes of being allowed additional compensation 
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 
whenever the prime contract or subcontract amount is over $500,000 and 
involves the expenditure of funds appropriated by an Act making 
Appropriations for the Department of Defense with respect to any fiscal 
year: Provided further, That notwithstanding section 1906 of title 41, 
United States Code, this section shall be applicable to any Department 
of Defense acquisition of supplies or services, including any contract 
and any subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part, by any subcontractor or 
supplier defined in section 1544 of title 25, United States Code, or a 
small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code.
    Sec. 8020.  Funds appropriated by this Act for the Defense Media 
Activity shall not be used for any national or international political 
or psychological activities.
    Sec. 8021.  During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, That upon 
receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such obligations.
    Sec. 8022. (a) Of the funds made available in this Act, not less 
than $38,634,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $28,404,000 shall be available from ``Operation and 
        Maintenance, Air Force'' to support Civil Air Patrol 
        Corporation operation and maintenance, readiness, counterdrug 
        activities, and drug demand reduction activities involving 
        youth programs;
            (2) $9,298,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $932,000 shall be available from ``Other Procurement, 
        Air Force'' for vehicle procurement.
    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8023. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other nonprofit 
entities.
    (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to any 
defense FFRDC, except when acting in a technical advisory capacity, may 
be compensated for his or her services as a member of such entity, or 
as a paid consultant by more than one FFRDC in a fiscal year: Provided, 
That a member of any such entity referred to previously in this 
subsection shall be allowed travel expenses and per diem as authorized 
under the Federal Joint Travel Regulations, when engaged in the 
performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during fiscal year 2013 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2013, not more than 
5,750 staff years of technical effort (staff years) may be funded for 
defense FFRDCs: Provided; That of the specific amount referred to 
previously in this subsection, not more than 1,125 staff years may be 
funded for the defense studies and analysis FFRDCs: Provided further, 
That this subsection shall not apply to staff years funded in the 
National Intelligence Program (NIP) and the Military Intelligence 
Program (MIP).
    (e) The Secretary of Defense shall, with the submission of the 
department's fiscal year 2014 budget request, submit a report 
presenting the specific amounts of staff years of technical effort to 
be allocated for each defense FFRDC during that fiscal year and the 
associated budget estimates.
    Sec. 8024.  None of the funds appropriated or made available in 
this Act shall be used to procure carbon, alloy, or armor steel plate 
for use in any Government-owned facility or property under the control 
of the Department of Defense which were not melted and rolled in the 
United States or Canada: Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, American Society 
of Testing and Materials (ASTM) or American Iron and Steel Institute 
(AISI) specifications of carbon, alloy or armor steel plate: Provided 
further, That the Secretary of the military department responsible for 
the procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That these 
restrictions shall not apply to contracts which are in being as of the 
date of the enactment of this Act.
    Sec. 8025.  For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives.
    Sec. 8026.  During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms: 
Provided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids: Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.
    Sec. 8027. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a foreign 
country which is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against certain 
types of products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy American Act with respect to such types of 
products produced in that foreign country.
    (2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the United 
States and a foreign country pursuant to which the Secretary of Defense 
has prospectively waived the Buy American Act for certain products in 
that country.
    (b) The Secretary of Defense shall submit to the Congress a report 
on the amount of Department of Defense purchases from foreign entities 
in fiscal year 2013. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade Agreement Act 
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to 
which the United States is a party.
    (c) For purposes of this section, the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.
    Sec. 8028.  During the current fiscal year, amounts contained in 
the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 2921(c)(1) of the National 
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 
note) shall be available until expended for the payments specified by 
section 2921(c)(2) of that Act.
    Sec. 8029. (a) Notwithstanding any other provision of law, the 
Secretary of the Air Force may convey at no cost to the Air Force, 
without consideration, to Indian tribes located in the States of 
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, 
and Washington relocatable military housing units located at Grand 
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force 
Base, Ellsworth Air Force Base, and Minot Air Force Base that are 
excess to the needs of the Air Force.
    (b) The Secretary of the Air Force shall convey, at no cost to the 
Air Force, military housing units under subsection (a) in accordance 
with the request for such units that are submitted to the Secretary by 
the Operation Walking Shield Program on behalf of Indian tribes located 
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, 
Oregon, Minnesota, and Washington. Any such conveyance shall be subject 
to the condition that the housing units shall be removed within a 
reasonable period of time, as determined by the Secretary.
    (c) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting requests to the Secretary of the Air 
Force under subsection (b).
    (d) In this section, the term ``Indian tribe'' means any recognized 
Indian tribe included on the current list published by the Secretary of 
the Interior under section 104 of the Federally Recognized Indian Tribe 
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8030.  During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment item 
unit cost of not more than $250,000.
    Sec. 8031. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) The fiscal year 2014 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2014 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 2014 procurement appropriation and not in the supply 
management business area or any other area or category of the 
Department of Defense Working Capital Funds.
    Sec. 8032.  None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 2014: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior or 
subsequent fiscal year shall remain available until expended: Provided 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for advanced research and development acquisition, 
for agent operations, and for covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2014.
    Sec. 8033.  Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8034.  Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $12,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8035. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, 
in expending the funds, complies with the Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means 
chapter 83 of title 41, United States Code.
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
    Sec. 8036.  None of the funds appropriated by this Act shall be 
available for a contract for studies, analysis, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the 
procurement determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work;
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant scientific or 
        technological promise, represents the product of original 
        thinking, and was submitted in confidence by one source; or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support: Provided, That this 
        limitation shall not apply to contracts in an amount of less 
        than $25,000, contracts related to improvements of equipment 
        that is in development or production, or contracts as to which 
        a civilian official of the Department of Defense, who has been 
        confirmed by the Senate, determines that the award of such 
        contract is in the interest of the national defense.
    Sec. 8037. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.
    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, 
if the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to--
            (1) field operating agencies funded within the National 
        Intelligence Program;
            (2) an Army field operating agency established to 
        eliminate, mitigate, or counter the effects of improvised 
        explosive devices, and, as determined by the Secretary of the 
        Army, other similar threats; or
            (3) an Army field operating agency established to improve 
        the effectiveness and efficiencies of biometric activities and 
        to integrate common biometric technologies throughout the 
        Department of Defense.
    Sec. 8038.  None of the funds made available in this Act may be 
used to approve or license the sale of the F-22A advanced tactical 
fighter to any foreign government: Provided, That the Department of 
Defense may conduct or participate in studies, research, design and 
other activities to define and develop a future export version of the 
F-22A that protects classified and sensitive information, technologies 
and U.S. warfighting capabilities.
    Sec. 8039.  The Secretary of Defense, notwithstanding any other 
provision of law, acting through the Office of Economic Adjustment of 
the Department of Defense, may use funds made available in this Act 
under the heading ``Operation and Maintenance, Defense-Wide'' to make 
grants and supplement other Federal funds in accordance with the 
guidance provided in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act).
    Sec. 8040. (a) None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the 
enactment of this Act, is performed by Department of Defense civilian 
employees unless--
            (1) the conversion is based on the result of a public-
        private competition that includes a most efficient and cost 
        effective organization plan developed by such activity or 
        function;
            (2) the Competitive Sourcing Official determines that, over 
        all performance periods stated in the solicitation of offers 
        for performance of the activity or function, the cost of 
        performance of the activity or function by a contractor would 
        be less costly to the Department of Defense by an amount that 
        equals or exceeds the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that 
                activity or function by Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Department of Defense 
        by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or 
                function under the contract; or
                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute less towards the premium or subscription 
                share than the amount that is paid by the Department of 
                Defense for health benefits for civilian employees 
                under chapter 89 of title 5, United States Code.
    (b)(1) The Department of Defense, without regard to subsection (a) 
of this section or subsection (a), (b), or (c) of section 2461 of title 
10, United States Code, and notwithstanding any administrative 
regulation, requirement, or policy to the contrary shall have full 
authority to enter into a contract for the performance of any 
commercial or industrial type function of the Department of Defense 
that--
            (A) is included on the procurement list established 
        pursuant to section 2 of the Javits-Wagner-O'Day Act (section 
        8503 of title 41, United States Code);
            (B) is planned to be converted to performance by a 
        qualified nonprofit agency for the blind or by a qualified 
        nonprofit agency for other severely handicapped individuals in 
        accordance with that Act; or
            (C) is planned to be converted to performance by a 
        qualified firm under at least 51 percent ownership by an Indian 
        tribe, as defined in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)), 
        or a Native Hawaiian Organization, as defined in section 
        8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
    (2) This section shall not apply to depot contracts or contracts 
for depot maintenance as provided in sections 2469 and 2474 of title 
10, United States Code.
    (c) The conversion of any activity or function of the Department of 
Defense under the authority provided by this section shall be credited 
toward any competitive or outsourcing goal, target, or measurement that 
may be established by statute, regulation, or policy and is deemed to 
be awarded under the authority of, and in compliance with, subsection 
(h) of section 2304 of title 10, United States Code, for the 
competition or outsourcing of commercial activities.

                             (rescissions)

    Sec. 8041.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
            ``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51 
        Destroyer, $98,400,000;
            ``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51 
        Destroyer Advance Procurement, $2,500,000;
            ``Shipbuilding and Conversion, Navy, 2007/ 2018'': CVN 
        Refueling Overhaul, $14,100,000;
            ``Procurement of Ammunition, Army, 2011/ 2013'', 
        $14,862,000;
            ``Other Procurement, Army, 2011/2013'', $108,098,000;
            ``Aircraft Procurement, Navy, 2011/2013'', $43,860,000;
            ``Shipbuilding and Conversion, Navy, 2011/ 2015'': DDG-51 
        Destroyer, $215,300,000;
            ``Weapons Procurement, Navy, 2011/2013'', $22,000,000;
            ``Aircraft Procurement, Air Force, 2011/2013'', 
        $93,400,000;
            ``Other Procurement, Air Force, 2011/2013'', $9,500,000;
            ``Operation and Maintenance, Defense-Wide, 2012/XXXX'', 
        $21,000,000;
            ``Aircraft Procurement, Army, 2012/2014'', $47,400,000;
            ``Other Procurement, Army, 2012/2014'', $179,608,000;
            ``Aircraft Procurement, Navy, 2012/2014'', $19,040,000;
            ``Shipbuilding and Conversion, Navy, 2012/ 2016'': Littoral 
        Combat Ship, $28,800,000;
            ``Shipbuilding and Conversion, Navy, 2012/ 2016'': DDG-51 
        Destroyer, $83,000,000;
            ``Weapons Procurement, Navy, 2012/2014'', $36,467,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 2012/
        2014'', $16,300,000;
            ``Procurement, Marine Corps, 2012/2014'', $132,555,000;
            ``Aircraft Procurement, Air Force, 2012/2014'', 
        $394,299,000;
            ``Missile Procurement, Air Force, 2012/2014'', $52,898,000;
            ``Other Procurement, Air Force, 2012/2014'', $55,800,000;
            ``Procurement, Defense-Wide, 2012/2014'', $16,000,000;
            ``Research, Development, Test and Evaluation, Army, 2012/
        2013'', $41,000,000;
            ``Research, Development, Test and Evaluation, Navy, 2012/
        2013'', $246,800,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2012/2013'', $149,460,000.
    Sec. 8042.  None of the funds available in this Act may be used to 
reduce the authorized positions for military technicians (dual status) 
of the Army National Guard, Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military 
technicians (dual status), unless such reductions are a direct result 
of a reduction in military force structure.
    Sec. 8043.  None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to 
the Democratic People's Republic of Korea unless specifically 
appropriated for that purpose.
    Sec. 8044.  Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Intelligence Program and the Military Intelligence Program: Provided, 
That nothing in this section authorizes deviation from established 
Reserve and National Guard personnel and training procedures.
    Sec. 8045.  During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 2003, level: Provided, That the Service 
Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population is 
declining in some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and capitation-
based budgeting.
    Sec. 8046. (a) None of the funds available to the Department of 
Defense for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence Agency 
for any fiscal year for drug interdiction and counter-drug activities 
may be transferred to any other department or agency of the United 
States except as specifically provided in an appropriations law.
    Sec. 8047.  None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin: Provided, That 
the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That this 
restriction shall not apply to the purchase of ``commercial items'', as 
defined by section 4(12) of the Office of Federal Procurement Policy 
Act, except that the restriction shall apply to ball or roller bearings 
purchased as end items.
    Sec. 8048.  None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, 
unless the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
    Sec. 8049.  None of the funds made available in this or any other 
Act may be used to pay the salary of any officer or employee of the 
Department of Defense who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of 
another Federal agency not financed by this Act without the express 
authorization of Congress: Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.
    Sec. 8050. (a) Notwithstanding any other provision of law, none of 
the funds available to the Department of Defense for the current fiscal 
year may be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate are notified 15 days in 
advance of such transfer.
    (b) This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) A notice under subsection (a) shall include the following:
            (1) A description of the equipment, supplies, or services 
        to be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how 
                the President proposes to provide funds for such 
                replacement.
    Sec. 8051.  None of the funds available to the Department of 
Defense under this Act shall be obligated or expended to pay a 
contractor under a contract with the Department of Defense for costs of 
any amount paid by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of 
        the normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

                     (including transfer of funds)

    Sec. 8052.  During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' may be transferred to 
appropriations available for the pay of military personnel, to be 
merged with, and to be available for the same time period as the 
appropriations to which transferred, to be used in support of such 
personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code.
    Sec. 8053.  During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under 
the provisions of section 1552 of title 31, United States Code, and 
which has a negative unliquidated or unexpended balance, an obligation 
or an adjustment of an obligation may be charged to any current 
appropriation account for the same purpose as the expired or closed 
account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is 
        not chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge 
        to a current account under the authority of this section shall 
        be reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.
    Sec. 8054. (a) Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau may permit the use of equipment of 
the National Guard Distance Learning Project by any person or entity on 
a space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8055.  Using funds made available by this Act or any other 
Act, the Secretary of the Air Force, pursuant to a determination under 
section 2690 of title 10, United States Code, may implement cost-
effective agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal Republic of Germany: 
Provided, That in the City of Kaiserslautern and at the Rhine Ordnance 
Barracks area, such agreements will include the use of United States 
anthracite as the base load energy for municipal district heat to the 
United States Defense installations: Provided further, That at 
Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished 
heat may be obtained from private, regional or municipal services, if 
provisions are included for the consideration of United States coal as 
an energy source.
    Sec. 8056.  None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements: 
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this restriction 
does not apply to programs funded within the National Intelligence 
Program: Provided further, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do so.
    Sec. 8057. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if 
the Secretary determines that the application of the limitation with 
respect to that country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign country, or 
would invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, United 
States Code, and the country does not discriminate against the same or 
similar defense items produced in the United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason 
        other than the application of a waiver granted under subsection 
        (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 50-65) 
of the Harmonized Tariff Schedule and products classified under 
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 
8109, 8211, 8215, and 9404.
    Sec. 8058. (a) None of the funds made available by this Act may be 
used to support any training program involving a unit of the security 
forces or police of a foreign country if the Secretary of Defense has 
received credible information from the Department of State that the 
unit has committed a gross violation of human rights, unless all 
necessary corrective steps have been taken.
    (b) The Secretary of Defense, in consultation with the Secretary of 
State, shall ensure that prior to a decision to conduct any training 
program referred to in subsection (a), full consideration is given to 
all credible information available to the Department of State relating 
to human rights violations by foreign security forces.
    (c) The Secretary of Defense, after consultation with the Secretary 
of State, may waive the prohibition in subsection (a) if he determines 
that such waiver is required by extraordinary circumstances.
    (d) Not more than 15 days after the exercise of any waiver under 
subsection (c), the Secretary of Defense shall submit a report to the 
congressional defense committees describing the extraordinary 
circumstances, the purpose and duration of the training program, the 
United States forces and the foreign security forces involved in the 
training program, and the information relating to human rights 
violations that necessitates the waiver.
    Sec. 8059.  None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts 
may be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.
    Sec. 8060.  Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, 
Test and Evaluation, Defense-Wide'' for any new start advanced concept 
technology demonstration project or joint capability demonstration 
project may only be obligated 45 days after a report, including a 
description of the project, the planned acquisition and transition 
strategy and its estimated annual and total cost, has been provided in 
writing to the congressional defense committees: Provided, That the 
Secretary of Defense may waive this restriction on a case-by-case basis 
by certifying to the congressional defense committees that it is in the 
national interest to do so.
    Sec. 8061.  The Secretary of Defense shall provide a classified 
quarterly report beginning 30 days after enactment of this Act, to the 
House and Senate Appropriations Committees, Subcommittees on Defense on 
certain matters as directed in the classified annex accompanying this 
Act.
    Sec. 8062.  During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide support 
to another department or agency of the United States if such department 
or agency is more than 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable 
basis, and is providing the requested support pursuant to such 
authority: Provided further, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of Representatives and 
the Senate that it is in the national security interest to do so.
    Sec. 8063.  Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of title 32, United 
States Code, may perform duties in support of the ground-based elements 
of the National Ballistic Missile Defense System.
    Sec. 8064.  None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the 
Department of Defense that has a center-fire cartridge and a United 
States military nomenclature designation of ``armor penetrator'', 
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or 
``armor-piercing incendiary tracer (API-T)'', except to an entity 
performing demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to the 
satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition 
pursuant to a contract with the Department of Defense or the 
manufacture of ammunition for export pursuant to a License for 
Permanent Export of Unclassified Military Articles issued by the 
Department of State.
    Sec. 8065.  Notwithstanding any other provision of law, the Chief 
of the National Guard Bureau, or his designee, may waive payment of all 
or part of the consideration that otherwise would be required under 
section 2667 of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to any 
organization specified in section 508(d) of title 32, United States 
Code, or any other youth, social, or fraternal nonprofit organization 
as may be approved by the Chief of the National Guard Bureau, or his 
designee, on a case-by-case basis.
    Sec. 8066.  None of the funds appropriated by this Act shall be 
used for the support of any nonappropriated funds activity of the 
Department of Defense that procures malt beverages and wine with 
nonappropriated funds for resale (including such alcoholic beverages 
sold by the drink) on a military installation located in the United 
States unless such malt beverages and wine are procured within that 
State, or in the case of the District of Columbia, within the District 
of Columbia, in which the military installation is located: Provided, 
That in a case in which the military installation is located in more 
than one State, purchases may be made in any State in which the 
installation is located: Provided further, That such local procurement 
requirements for malt beverages and wine shall apply to all alcoholic 
beverages only for military installations in States which are not 
contiguous with another State: Provided further, That alcoholic 
beverages other than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most competitive 
source, price and other factors considered.

                     (including transfer of funds)

    Sec. 8067.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Army'', $133,381,000 shall remain 
available until expended: Provided, That notwithstanding any other 
provision of law, the Secretary of Defense is authorized to transfer 
such funds to other activities of the Federal Government: Provided 
further, That the Secretary of Defense is authorized to enter into and 
carry out contracts for the acquisition of real property, construction, 
personal services, and operations related to projects carrying out the 
purposes of this section: Provided further, That contracts entered into 
under the authority of this section may provide for such 
indemnification as the Secretary determines to be necessary: Provided 
further, That projects authorized by this section shall comply with 
applicable Federal, State, and local law to the maximum extent 
consistent with the national security, as determined by the Secretary 
of Defense.
    Sec. 8068.  Section 8106 of the Department of Defense 
Appropriations Act, 1997 (titles I through VIII of the matter under 
subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 
113 note) shall continue in effect to apply to disbursements that are 
made by the Department of Defense in fiscal year 2013.

                     (including transfer of funds)

    Sec. 8069.  During the current fiscal year, not to exceed 
$200,000,000 from funds available under ``Operation and Maintenance, 
Defense-Wide'' may be transferred to the Department of State ``Global 
Security Contingency Fund'': Provided, That this transfer authority is 
in addition to any other transfer authority available to the Department 
of Defense: Provided further, That the Secretary of Defense shall, not 
fewer than 30 days prior to making transfers to the Department of State 
``Global Security Contingency Fund'', notify the congressional defense 
committees in writing with the source of funds and a detailed 
justification, execution plan, and timeline for each proposed project.
    Sec. 8070.  In addition to amounts provided elsewhere in this Act, 
$4,000,000 is hereby appropriated to the Department of Defense, to 
remain available for obligation until expended: Provided, That 
notwithstanding any other provision of law, that upon the determination 
of the Secretary of Defense that it shall serve the national interest, 
these funds shall be available only for a grant to the Fisher House 
Foundation, Inc., only for the construction and furnishing of 
additional Fisher Houses to meet the needs of military family members 
when confronted with the illness or hospitalization of an eligible 
military beneficiary.

                     (including transfer of funds)

    Sec. 8071.  Of the amounts appropriated in this Act under the 
headings ``Procurement, Defense-Wide'' and ``Research, Development, 
Test and Evaluation, Defense-Wide'', $479,736,000 shall be for the 
Israeli Cooperative Programs: Provided, That of this amount, 
$211,000,000 shall be for the Secretary of Defense to provide to the 
Government of Israel for the procurement of the Iron Dome defense 
system to counter short-range rocket threats, $149,679,000 shall be for 
the Short Range Ballistic Missile Defense (SRBMD) program, including 
cruise missile defense research and development under the SRBMD 
program, of which $39,200,000 shall be for production activities of 
SRBMD missiles in the United States and in Israel to meet Israel's 
defense requirements consistent with each nation's laws, regulations, 
and procedures, $74,692,000 shall be available for an upper-tier 
component to the Israeli Missile Defense Architecture, and $44,365,000 
shall be for the Arrow System Improvement Program including development 
of a long range, ground and airborne, detection suite: Provided 
further, That funds made available under this provision for production 
of missiles and missile components may be transferred to appropriations 
available for the procurement of weapons and equipment, to be merged 
with and to be available for the same time period and the same purposes 
as the appropriation to which transferred: Provided further, That the 
transfer authority provided under this provision is in addition to any 
other transfer authority contained in this Act.
    Sec. 8072. (a) None of the funds available to the Department of 
Defense may be obligated to modify command and control relationships to 
give Fleet Forces Command operational and administrative control of 
U.S. Navy forces assigned to the Pacific fleet.
    (b) None of the funds available to the Department of Defense may be 
obligated to modify command and control relationships to give United 
States Transportation Command operational and administrative control of 
C-130 and KC-135 forces assigned to the Pacific and European Air Force 
Commands.
    (c) The command and control relationships in subsections (a) and 
(b) which existed on March 13, 2011, shall remain in force unless 
changes are specifically authorized in a subsequent Act.
    (d) This subsection does not apply to administrative control of 
Navy Air and Missile Defense Command.

                     (including transfer of funds)

    Sec. 8073.  Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $372,573,000 shall be 
available until September 30, 2013, to fund prior year shipbuilding 
cost increases: Provided, That upon enactment of this Act, the 
Secretary of the Navy shall transfer funds to the following 
appropriations in the amounts specified: Provided further, That the 
amounts transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred to:
            (1) Under the heading ``Shipbuilding and Conversion, Navy, 
        2007/2013'': LHA Replacement Program $156,685,000;
            (2) Under the heading ``Shipbuilding and Conversion, Navy, 
        2008/2013'': LPD-17 Amphibious Transport Dock Program 
        $80,888,000; and
            (3) Under the heading ``Shipbuilding and Conversion, Navy, 
        2009/2013'': CVN Refueling Overhauls Program $135,000,000.
    Sec. 8074.  Funds appropriated by this Act, or made available by 
the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes of 
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during 
fiscal year 2013 until the enactment of the Intelligence Authorization 
Act for Fiscal Year 2013.
    Sec. 8075.  None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming of 
funds that creates or initiates a new program, project, or activity 
unless such program, project, or activity must be undertaken 
immediately in the interest of national security and only after written 
prior notification to the congressional defense committees.
    Sec. 8076.  The budget of the President for fiscal year 2014 
submitted to the Congress pursuant to section 1105 of title 31, United 
States Code, shall include separate budget justification documents for 
costs of United States Armed Forces' participation in contingency 
operations for the Military Personnel accounts, the Operation and 
Maintenance accounts, and the Procurement accounts: Provided, That 
these documents shall include a description of the funding requested 
for each contingency operation, for each military service, to include 
all Active and Reserve components, and for each appropriations account: 
Provided further, That these documents shall include estimated costs 
for each element of expense or object class, a reconciliation of 
increases and decreases for each contingency operation, and 
programmatic data including, but not limited to, troop strength for 
each Active and Reserve component, and estimates of the major weapons 
systems deployed in support of each contingency: Provided further, That 
these documents shall include budget exhibits OP-5 and OP-32 (as 
defined in the Department of Defense Financial Management Regulation) 
for all contingency operations for the budget year and the two 
preceding fiscal years.
    Sec. 8077.  None of the funds in this Act may be used for research, 
development, test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system.
    Sec. 8078.  In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $44,000,000 is hereby 
appropriated to the Department of Defense: Provided, That upon the 
determination of the Secretary of Defense that it shall serve the 
national interest, he shall make grants in the amounts specified as 
follows: $20,000,000 to the United Service Organizations and 
$24,000,000 to the Red Cross.
    Sec. 8079.  None of the funds appropriated or made available in 
this Act shall be used to reduce or disestablish the operation of the 
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such 
action would reduce the WC-130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force shall allow the 
53rd Weather Reconnaissance Squadron to perform other missions in 
support of national defense requirements during the non-hurricane 
season.
    Sec. 8080.  None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during the 
conduct of authorized foreign intelligence activities: Provided, That 
information pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Executive Order No. 
12333.
    Sec. 8081. (a) At the time members of reserve components of the 
Armed Forces are called or ordered to active duty under section 
12302(a) of title 10, United States Code, each member shall be notified 
in writing of the expected period during which the member will be 
mobilized.
    (b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines that it is 
necessary to do so to respond to a national security emergency or to 
meet dire operational requirements of the Armed Forces.

                     (including transfer of funds)

    Sec. 8082.  The Secretary of Defense may transfer funds from any 
available Department of the Navy appropriation to any available Navy 
ship construction appropriation for the purpose of liquidating 
necessary changes resulting from inflation, market fluctuations, or 
rate adjustments for any ship construction program appropriated in law: 
Provided, That the Secretary may transfer not to exceed $100,000,000 
under the authority provided by this section: Provided further, That 
the Secretary may not transfer any funds until 30 days after the 
proposed transfer has been reported to the Committees on Appropriations 
of the House of Representatives and the Senate, unless a response from 
the Committees is received sooner: Provided further, That any funds 
transferred pursuant to this section shall retain the same period of 
availability as when originally appropriated: Provided further, That 
the transfer authority provided by this section is in addition to any 
other transfer authority contained elsewhere in this Act.
    Sec. 8083.  For purposes of section 7108 of title 41, United States 
Code, any subdivision of appropriations made under the heading 
``Shipbuilding and Conversion, Navy'' that is not closed at the time 
reimbursement is made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the 
current fiscal year or any prior fiscal year.
    Sec. 8084. (a) None of the funds appropriated by this Act may be 
used to transfer research and development, acquisition, or other 
program authority relating to current tactical unmanned aerial vehicles 
(TUAVs) from the Army.
    (b) The Army shall retain responsibility for and operational 
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order 
to support the Secretary of Defense in matters relating to the 
employment of unmanned aerial vehicles.
    Sec. 8085.  Up to $15,000,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' may be made available for 
the Asia Pacific Regional Initiative Program for the purpose of 
enabling the Pacific Command to execute Theater Security Cooperation 
activities such as humanitarian assistance, and payment of incremental 
and personnel costs of training and exercising with foreign security 
forces: Provided, That funds made available for this purpose may be 
used, notwithstanding any other funding authorities for humanitarian 
assistance, security assistance or combined exercise expenses: Provided 
further, That funds may not be obligated to provide assistance to any 
foreign country that is otherwise prohibited from receiving such type 
of assistance under any other provision of law.
    Sec. 8086.  None of the funds appropriated by this Act for programs 
of the Office of the Director of National Intelligence shall remain 
available for obligation beyond the current fiscal year, except for 
funds appropriated for research and technology, which shall remain 
available until September 30, 2014.
    Sec. 8087.  For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act under 
the heading ``Shipbuilding and Conversion, Navy'' shall be considered 
to be for the same purpose as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations in any prior 
fiscal year, and the 1 percent limitation shall apply to the total 
amount of the appropriation.
    Sec. 8088.  The Director of National Intelligence shall include the 
budget exhibits identified in paragraphs (1) and (2) as described in 
the Department of Defense Financial Management Regulation with the 
congressional budget justification books:
            (1) For procurement programs requesting more than 
        $10,000,000 in any fiscal year, the P-1, Procurement Program; 
        P-5, Cost Analysis; P-5a, Procurement History and Planning; P-
        21, Production Schedule; and P-40, Budget Item Justification.
            (2) For research, development, test and evaluation projects 
        requesting more than $5,000,000 in any fiscal year, the R-1, 
        Research, Development, Test and Evaluation Program; R-2, 
        Research, Development, Test and Evaluation Budget Item 
        Justification; R-3, Research, Development, Test and Evaluation 
        Project Cost Analysis; and R-4, Research, Development, Test and 
        Evaluation Program Schedule Profile.
    Sec. 8089. (a) Not later than 60 days after the date of enactment 
of this Act, the Director of National Intelligence shall submit a 
report to the congressional intelligence committees to establish the 
baseline for application of reprogramming and transfer authorities for 
fiscal year 2013: Provided, That the report shall include--
            (1) a table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation by 
        Expenditure Center and project; and
            (3) an identification of items of special congressional 
        interest.
    (b) None of the funds provided for the National Intelligence 
Program in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional intelligence committees, unless the Director of National 
Intelligence certifies in writing to the congressional intelligence 
committees that such reprogramming or transfer is necessary as an 
emergency requirement.

                     (including transfer of funds)

    Sec. 8090.  Of the funds appropriated in the Intelligence Community 
Management Account for the Program Manager for the Information Sharing 
Environment, $20,000,000 is available for transfer by the Director of 
National Intelligence to other departments and agencies for purposes of 
Government-wide information sharing activities: Provided, That funds 
transferred under this provision are to be merged with and available 
for the same purposes and time period as the appropriation to which 
transferred: Provided further, That the Office of Management and Budget 
must approve any transfers made under this provision.
    Sec. 8091. (a) None of the funds provided for the National 
Intelligence Program in this or any prior appropriations Act shall be 
available for obligation or expenditure through a reprogramming or 
transfer of funds in accordance with section 102A(d) of the National 
Security Act of 1947 (50 U.S.C. 403-1(d)) that--
            (1) creates a new start effort;
            (2) terminates a program with appropriated funding of 
        $10,000,000 or more;
            (3) transfers funding into or out of the National 
        Intelligence Program; or
            (4) transfers funding between appropriations,
unless the congressional intelligence committees are notified 30 days 
in advance of such reprogramming of funds; this notification period may 
be reduced for urgent national security requirements.
    (b) None of the funds provided for the National Intelligence 
Program in this or any prior appropriations Act shall be available for 
obligation or expenditure through a reprogramming or transfer of funds 
in accordance with section 102A(d) of the National Security Act of 1947 
(50 U.S.C. 403-1(d)) that results in a cumulative increase or decrease 
of the levels specified in the classified annex accompanying the Act 
unless the congressional intelligence committees are notified 30 days 
in advance of such reprogramming of funds; this notification period may 
be reduced for urgent national security requirements.
    Sec. 8092.  The Director of National Intelligence shall submit to 
Congress each year, at or about the time that the President's budget is 
submitted to Congress that year under section 1105(a) of title 31, 
United States Code, a future-years intelligence program (including 
associated annexes) reflecting the estimated expenditures and proposed 
appropriations included in that budget. Any such future-years 
intelligence program shall cover the fiscal year with respect to which 
the budget is submitted and at least the four succeeding fiscal years.
    Sec. 8093.  For the purposes of this Act, the term ``congressional 
intelligence committees'' means the Permanent Select Committee on 
Intelligence of the House of Representatives, the Select Committee on 
Intelligence of the Senate, the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives, and the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate.
    Sec. 8094.  The Department of Defense shall continue to report 
incremental contingency operations costs for Operation New Dawn and 
Operation Enduring Freedom, or any other named operations in the U.S. 
Central Command area of operation on a monthly basis in the Cost of War 
Execution Report as prescribed in the Department of Defense Financial 
Management Regulation Department of Defense Instruction 7000.14, Volume 
12, Chapter 23 ``Contingency Operations'', Annex 1, dated September 
2005.

                     (including transfer of funds)

    Sec. 8095.  During the current fiscal year, not to exceed 
$11,000,000 from each of the appropriations made in title II of this 
Act for ``Operation and Maintenance, Army'', ``Operation and 
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may 
be transferred by the military department concerned to its central fund 
established for Fisher Houses and Suites pursuant to section 2493(d) of 
title 10, United States Code.

                     (including transfer of funds)

    Sec. 8096.  Funds appropriated by this Act for operation and 
maintenance may be available for the purpose of making remittances to 
the Defense Acquisition Workforce Development Fund in accordance with 
the requirements of section 1705 of title 10, United States Code.
    Sec. 8097. (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public Web 
site of that agency any report required to be submitted by the Congress 
in this or any other Act, upon the determination by the head of the 
agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee 
or Committees of Congress for no less than 45 days.
    Sec. 8098. (a) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal contract for an 
amount in excess of $1,000,000, unless the contractor agrees not to--
            (1) enter into any agreement with any of its employees or 
        independent contractors that requires, as a condition of 
        employment, that the employee or independent contractor agree 
        to resolve through arbitration any claim under title VII of the 
        Civil Rights Act of 1964 or any tort related to or arising out 
        of sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention; 
        or
            (2) take any action to enforce any provision of an existing 
        agreement with an employee or independent contractor that 
        mandates that the employee or independent contractor resolve 
        through arbitration any claim under title VII of the Civil 
        Rights Act of 1964 or any tort related to or arising out of 
        sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention.
    (b) None of the funds appropriated or otherwise made available by 
this Act may be expended for any Federal contract unless the contractor 
certifies that it requires each covered subcontractor to agree not to 
enter into, and not to take any action to enforce any provision of, any 
agreement as described in paragraphs (1) and (2) of subsection (a), 
with respect to any employee or independent contractor performing work 
related to such subcontract. For purposes of this subsection, a 
``covered subcontractor'' is an entity that has a subcontract in excess 
of $1,000,000 on a contract subject to subsection (a).
    (c) The prohibitions in this section do not apply with respect to a 
contractor's or subcontractor's agreements with employees or 
independent contractors that may not be enforced in a court of the 
United States.
    (d) The Secretary of Defense may waive the application of 
subsection (a) or (b) to a particular contractor or subcontractor for 
the purposes of a particular contract or subcontract if the Secretary 
or the Deputy Secretary personally determines that the waiver is 
necessary to avoid harm to national security interests of the United 
States, and that the term of the contract or subcontract is not longer 
than necessary to avoid such harm. The determination shall set forth 
with specificity the grounds for the waiver and for the contract or 
subcontract term selected, and shall state any alternatives considered 
in lieu of a waiver and the reasons each such alternative would not 
avoid harm to national security interests of the United States. The 
Secretary of Defense shall transmit to Congress, and simultaneously 
make public, any determination under this subsection not less than 15 
business days before the contract or subcontract addressed in the 
determination may be awarded.
    Sec. 8099.  None of the funds made available under this Act may be 
distributed to the Association of Community Organizations for Reform 
Now (ACORN) or its subsidiaries.

                     (including transfer of funds)

    Sec. 8100.  From within the funds appropriated for operation and 
maintenance for the Defense Health Program in this Act, up to 
$139,204,000, shall be available for transfer to the Joint Department 
of Defense-Department of Veterans Affairs Medical Facility 
Demonstration Fund in accordance with the provisions of section 1704 of 
the National Defense Authorization Act for Fiscal Year 2010, Public Law 
111-84: Provided, That for purposes of section 1704(b), the facility 
operations funded are operations of the integrated Captain James A. 
Lovell Federal Health Care Center, consisting of the North Chicago 
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and 
supporting facilities designated as a combined Federal medical facility 
as described by section 706 of Public Law 110-417: Provided further, 
That additional funds may be transferred from funds appropriated for 
operation and maintenance for the Defense Health Program to the Joint 
Department of Defense-Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Secretary of 
Defense to the Committees on Appropriations of the House of 
Representatives and the Senate.
    Sec. 8101.  The Office of the Director of National Intelligence 
shall not employ more Senior Executive employees than are specified in 
the classified annex.
    Sec. 8102.  None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay a retired 
general or flag officer to serve as a senior mentor advising the 
Department of Defense unless such retired officer files a Standard Form 
278 (or successor form concerning public financial disclosure under 
part 2634 of title 5, Code of Federal Regulations) to the Office of 
Government Ethics.
    Sec. 8103.  Appropriations available to the Department of Defense 
may be used for the purchase of heavy and light armored vehicles for 
the physical security of personnel or for force protection purposes up 
to a limit of $250,000 per vehicle, notwithstanding price or other 
limitations applicable to the purchase of passenger carrying vehicles.
    Sec. 8104.  Of the amounts appropriated for ``Operation and 
Maintenance, Defense-Wide'', the following amounts shall be available 
to the Secretary of Defense, for the following authorized purposes, 
notwithstanding any other provision of law, acting through the Office 
of Economic Adjustment of the Department of Defense, to make grants, 
conclude cooperative agreements, and supplement other Federal funds, to 
remain available until expended, to assist the civilian population of 
Guam in response to the military buildup of Guam: (1) $13,000,000 for 
addressing the need for construction of a regional public health 
laboratory; and (2) $106,400,000 for addressing the need for civilian 
water and wastewater improvements: Provided, That the Secretary of 
Defense shall, not fewer than 15 days prior to obligating funds for 
either of the foregoing purposes, notify the congressional defense 
committees in writing of the details of any such obligation.

                     (including transfer of funds)

    Sec. 8105.  There is hereby established in the Treasury of the 
United States the ``Ship Modernization, Operations and Sustainment 
Fund''. There is appropriated $2,382,100,000, for the ``Ship 
Modernization, Operations and Sustainment Fund'', to remain available 
until September 30, 2014: Provided, That the Secretary of the Navy 
shall transfer funds from the ``Ship Modernization, Operations and 
Sustainment Fund'' to appropriations for military personnel; operation 
and maintenance; research, development, test and evaluation; and 
procurement, only for the purposes of manning, operating, sustaining, 
equipping and modernizing the Ticonderoga-class guided missile cruisers 
CG-63, CG-64, CG-65, CG-66, CG-68, CG-69, CG-73, and the Whidbey 
Island-class dock landing ships LSD-41 and LSD-46: Provided further, 
That funds transferred shall be merged with and be available for the 
same purposes and for the same time period as the appropriation to 
which they are transferred: Provided further, That the transfer 
authority provided herein shall be in addition to any other transfer 
authority available to the Department of Defense: Provided further, 
That the Secretary of the Navy shall, not less than 30 days prior to 
making any transfer from the ``Ship Modernization, Operations and 
Sustainment Fund'', notify the congressional defense committees in 
writing of the details of such transfer.
    Sec. 8106.  None of the funds made available by this Act may be 
used by the Secretary of Defense to take beneficial occupancy of more 
than 2,500 parking spaces (other than handicap-reserved spaces) to be 
provided by the BRAC 133 project: Provided, That this limitation may be 
waived in part if: (1) the Secretary of Defense certifies to Congress 
that levels of service at existing intersections in the vicinity of the 
project have not experienced failing levels of service as defined by 
the Transportation Research Board Highway Capacity Manual over a 
consecutive 90-day period; (2) the Department of Defense and the 
Virginia Department of Transportation agree on the number of additional 
parking spaces that may be made available to employees of the facility 
subject to continued 90-day traffic monitoring; and (3) the Secretary 
of Defense notifies the congressional defense committees in writing at 
least 14 days prior to exercising this waiver of the number of 
additional parking spaces to be made available.
    Sec. 8107.  Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Defense shall resume quarterly reporting 
of the numbers of civilian personnel end strength by appropriation 
account for each and every appropriation account used to finance 
Federal civilian personnel salaries to the congressional defense 
committees within 15 days after the end of each fiscal quarter.
    Sec. 8108.  None of the funds appropriated in this or any other Act 
may be used to plan, prepare for, or otherwise take any action to 
undertake or implement the separation of the National Intelligence 
Program budget from the Department of Defense budget.

                     (including transfer of funds)

    Sec. 8109.  Upon a determination by the Director of National 
Intelligence that such action is necessary and in the national 
interest, the Director may, with the approval of the Office of 
Management and Budget, transfer not to exceed $2,000,000,000 of the 
funds made available in this Act for the National Intelligence Program: 
Provided, That such authority to transfer may not be used unless for 
higher priority items, based on unforeseen intelligence requirements, 
than those for which originally appropriated and in no case where the 
item for which funds are requested has been denied by the Congress: 
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made prior to June 
30, 2013.

                     (including transfer of funds)

    Sec. 8110.  In addition to amounts provided elsewhere in the Act, 
there is appropriated $270,000,000 for an additional amount for 
``Operation and Maintenance, Defense-Wide'', to be available until 
expended: Provided, That such funds shall only be available to the 
Secretary of Defense, acting through the Office of Economic Adjustment 
of the Department of Defense, or for transfer to the Secretary of 
Education, notwithstanding any other provision of law, to make grants, 
conclude cooperative agreements, or supplement other Federal funds to 
construct, renovate, repair, or expand elementary and secondary public 
schools on military installations in order to address capacity or 
facility condition deficiencies at such schools: Provided further, That 
in making such funds available, the Office of Economic Adjustment or 
the Secretary of Education shall give priority consideration to those 
military installations with schools having the most serious capacity or 
facility condition deficiencies as determined by the Secretary of 
Defense: Provided further, That funds may not be made available for a 
school unless its enrollment of Department of Defense-connected 
children is greater than 50 percent.
    Sec. 8111.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other 
detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
    Sec. 8112. (a)(1) Except as provided in paragraph (2) and 
subsection (d), none of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer any 
individual detained at Guantanamo to the custody or control of the 
individual's country of origin, any other foreign country, or any other 
foreign entity unless the Secretary of Defense submits to Congress the 
certification described in subsection (b) not later than 30 days before 
the transfer of the individual.
    (2) Paragraph (1) shall not apply to any action taken by the 
Secretary to transfer any individual detained at Guantanamo to 
effectuate--
            (A) an order affecting the disposition of the individual 
        that is issued by a court or competent tribunal of the United 
        States having lawful jurisdiction (which the Secretary shall 
        notify Congress of promptly after issuance); or
            (B) a pre-trial agreement entered in a military commission 
        case prior to the date of the enactment of this Act.
    (b) A certification described in this subsection is a written 
certification made by the Secretary of Defense, with the concurrence of 
the Secretary of State and in consultation with the Director of 
National Intelligence, that--
            (1) the government of the foreign country or the recognized 
        leadership of the foreign entity to which the individual 
        detained at Guantanamo is to be transferred--
                    (A) is not a designated state sponsor of terrorism 
                or a designated foreign terrorist organization;
                    (B) maintains control over each detention facility 
                in which the individual is to be detained if the 
                individual is to be housed in a detention facility;
                    (C) is not, as of the date of the certification, 
                facing a threat that is likely to substantially affect 
                its ability to exercise control over the individual;
                    (D) has taken or agreed to take effective actions 
                to ensure that the individual cannot take action to 
                threaten the United States, its citizens, or its allies 
                in the future;
                    (E) has taken or agreed to take such actions as the 
                Secretary of Defense determines are necessary to ensure 
                that the individual cannot engage or re-engage in any 
                terrorist activity; and
                    (F) has agreed to share with the United States any 
                information that--
                            (i) is related to the individual or any 
                        associates of the individual; and
                            (ii) could affect the security of the 
                        United States, its citizens, or its allies; and
            (2) includes an assessment, in classified or unclassified 
        form, of the capacity, willingness, and past practices (if 
        applicable) of the foreign country or entity in relation to the 
        Secretary's certifications.
    (c)(1) Except as provided in paragraph (2) and subsection (d), none 
of the funds appropriated or otherwise made available in this or any 
other Act may be used to transfer any individual detained at Guantanamo 
to the custody or control of the individual's country of origin, any 
other foreign country, or any other foreign entity if there is a 
confirmed case of any individual who was detained at United States 
Naval Station, Guantanamo Bay, Cuba, at any time after September 11, 
2001, who was transferred to such foreign country or entity and 
subsequently engaged in any terrorist activity.
    (2) Paragraph (1) shall not apply to any action taken by the 
Secretary to transfer any individual detained at Guantanamo to 
effectuate--
            (A) an order affecting the disposition of the individual 
        that is issued by a court or competent tribunal of the United 
        States having lawful jurisdiction (which the Secretary shall 
        notify Congress of promptly after issuance); or
            (B) a pre-trial agreement entered in a military commission 
        case prior to the date of the enactment of this Act.
    (d)(1) The Secretary of Defense may waive the applicability to a 
detainee transfer of a certification requirement specified in 
subparagraph (D) or (E) of subsection (b)(1) or the prohibition in 
subsection (c), if the Secretary certifies the rest of the criteria 
required by subsection (b) for transfers prohibited by (c) and, with 
the concurrence of the Secretary of State and in consultation with the 
Director of National Intelligence, determines that--
            (A) alternative actions will be taken to address the 
        underlying purpose of the requirement or requirements to be 
        waived;
            (B) in the case of a waiver of subparagraph (D) or (E) of 
        subsection (b)(1), it is not possible to certify that the risks 
        addressed in the paragraph to be waived have been completely 
        eliminated, but the actions to be taken under subparagraph (A) 
        will substantially mitigate such risks with regard to the 
        individual to be transferred;
            (C) in the case of a waiver of subsection (c), the 
        Secretary has considered any confirmed case in which an 
        individual who was transferred to the country subsequently 
        engaged in terrorist activity, and the actions to be taken 
        under subparagraph (A) will substantially mitigate the risk of 
        recidivism with regard to the individual to be transferred; and
            (D) the transfer is in the national security interests of 
        the United States.
    (2) Whenever the Secretary makes a determination under paragraph 
(1), the Secretary shall submit to the appropriate committees of 
Congress, not later than 30 days before the transfer of the individual 
concerned, the following:
            (A) A copy of the determination and the waiver concerned.
            (B) A statement of the basis for the determination, 
        including--
                    (i) an explanation why the transfer is in the 
                national security interests of the United States; and
                    (ii) in the case of a waiver of subparagraph (D) or 
                (E) of subsection (b)(1), an explanation why it is not 
                possible to certify that the risks addressed in the 
                subparagraph to be waived have been completely 
                eliminated.
            (C) A summary of the alternative actions to be taken to 
        address the underlying purpose of, and to mitigate the risks 
        addressed in, the subparagraph or subsection to be waived.
            (D) The assessment required by subsection (b)(2).
    (e) In this section:
            (1) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Appropriations, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Appropriations, and the Permanent Select Committee 
                on Intelligence of the House of Representatives.
            (2) The term ``individual detained at Guantanamo'' means 
        any individual located at United States Naval Station, 
        Guantanamo Bay, Cuba, as of October 1, 2009, who--
                    (A) is not a citizen of the United States or a 
                member of the Armed Forces of the United States; and
                    (B) is--
                            (i) in the custody or under the control of 
                        the Department of Defense; or
                            (ii) otherwise under detention at United 
                        States Naval Station, Guantanamo Bay, Cuba.
            (3) The term ``foreign terrorist organization'' means any 
        organization so designated by the Secretary of State under 
        section 219 of the Immigration and Nationality Act (8 U.S.C. 
        1189).
    Sec. 8113. (a) None of the funds appropriated or otherwise made 
available in this or any other Act may be used to construct, acquire, 
or modify any facility in the United States, its territories, or 
possessions to house any individual described in subsection (c) for the 
purposes of detention or imprisonment in the custody or under the 
effective control of the Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of 
        the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control 
                of the Department of Defense; or
                    (B) otherwise under detention at United States 
                Naval Station, Guantanamo Bay, Cuba.
    Sec. 8114.  None of the funds made available by this Act may be 
used to enter into a contract, memorandum of understanding, or 
cooperative agreement with, make a grant to, or provide a loan or loan 
guarantee to, any corporation that has any unpaid Federal tax liability 
that has been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that is not being paid 
in a timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability, where the awarding agency 
is aware of the unpaid tax liability, unless the agency has considered 
suspension or debarment of the corporation and made a determination 
that this further action is not necessary to protect the interests of 
the Government.
    Sec. 8115.  None of the funds made available by this Act may be 
used to enter into a contract, memorandum of understanding, or 
cooperative agreement with, make a grant to, or provide a loan or loan 
guarantee to, any corporation that was convicted of a felony criminal 
violation under any Federal law within the preceding 24 months, where 
the awarding agency is aware of the conviction, unless the agency has 
considered suspension or debarment of the corporation and made a 
determination that this further action is not necessary to protect the 
interests of the Government.
    Sec. 8116.  None of the funds made available by this Act may be 
used in contravention of section 1590 or 1591 of title 18, United 
States Code, or in contravention of the requirements of section 106(g) 
or (h) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7104(g) or (h)).
    Sec. 8117.  None of the funds made available by this Act for 
International Military education and training, foreign military 
financing, excess defense article, assistance under section 1206 of the 
National Defense Authorization Act for Fiscal year 2006 (Public Law 
109-163; 119 Stat. 3456) issuance for direct commercial sales of 
military equipment, or peacekeeping operations for the countries of 
Chad, Yemen, Somalia, Sudan, the Democratic Republic of the Congo, and 
Burma may be used to support any military training or operation that 
include child soldiers, as defined by the Child Soldiers Prevention Act 
of 2008, and except if such assistance is otherwise permitted under 
section 404 of the Child Soldiers Prevention Act of 2008 (Public Law 
110-457; 22 U.S.C. 2370c-1).
    Sec. 8118.  None of the funds made available by this Act may be 
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et 
seq.).
    Sec. 8119.  None of the funds made available by this Act may be 
used to retire, divest, realign, or transfer Air Force aircraft, to 
disestablish or convert units associated with such aircraft, or to 
disestablish or convert any other unit of the Air National Guard or Air 
Force Reserve: Provided, That this section shall not apply to actions 
affecting C-5, C-17, or E-8 aircraft, or the units associated with such 
aircraft: Provided further, That this section shall continue in effect 
through the date of enactment of an Act authorizing appropriations for 
fiscal year 2013 for military activities of the Department of Defense.
    Sec. 8120.  The Secretary of the Air Force shall obligate and 
expend funds previously appropriated for the procurement of RQ-4B 
Global Hawk and C-27J Spartan aircraft for the purposes for which such 
funds were originally appropriated.
    Sec. 8121.  It is the Sense of the Senate that the next available 
capital warship of the U.S. Navy be named the USS Ted Stevens to 
recognize the public service achievements, military service sacrifice, 
and undaunted heroism and courage of the long-serving United States 
Senator for Alaska.
    Sec. 8122.  None of the funds made available by this Act shall be 
used to retire C-23 Sherpa aircraft.
    Sec. 8123.  The total amount available in the Act for pay for 
civilian personnel of the Department of Defense for fiscal year 2013 
shall be the amount otherwise appropriated or made available by this 
Act for such pay reduced by $72,718,000.
    Sec. 8124.  None of the funds made available by this Act may be 
used to enter into a contract for UH-60 Leak Proof Drip Pans using 
procedures other than competitive procedures (as defined in section 
2302(2) of title 10, United States Code).
    Sec. 8125.  None of the funds appropriated or otherwise made 
available by this Act or any other Act may be used by the Department of 
Defense or a component thereof in contravention of section 1244 of the 
National Defense Authorization Act for Fiscal Year 2012 (Public Law 
112-81; 125 Stat. 1646; 22 U.S.C. 5952 note) or any provision of an Act 
authorizing appropriations for the Department of Defense for fiscal 
year 2013 relating to sharing classified ballistic missile defense 
information with Russia.
    Sec. 8126.  None of the Operation and Maintenance funds made 
available in this Act may be used in contravention of section 41106 of 
title 49, United States Code.
    Sec. 8127.  None of the funds made available by this Act may be 
used by the Department of Defense or any other Federal agency to lease 
or purchase new light duty vehicles, for any executive fleet, or for an 
agency's fleet inventory, except in accordance with Presidential 
Memorandum-Federal Fleet Performance, dated May 24, 2011.
    Sec. 8128.  None of the funds made available by this Act may be 
used to enter into a contract with any person or other entity listed in 
the Excluded Parties List System (EPLS)/System for Award Management 
(SAM) as having been convicted of fraud against the Federal Government.
    Sec. 8129.  None of the funds made available by this Act for the 
Department of Defense may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a grant to, or 
provide a loan or loan guarantee to Rosoboronexport: Provided, That the 
Secretary of Defense may waive this restriction on a case-by-case basis 
by certifying in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that it is in the national 
security interest to do so.
    Sec. 8130.  None of the funds made available by this Act may be 
used by the Secretary of Defense to implement an enrollment fee for the 
TRICARE for Life program under chapter 55 of title 10, United States 
Code, that does not exist as of the date of the enactment of this Act.

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$9,790,082,000: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$774,225,000: Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$1,425,156,000: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,286,783,000: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$156,893,000: Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$39,335,000: Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                    Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$24,722,000: Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$25,348,000: Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$583,804,000: Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $10,473,000: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$28,452,018,000: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$5,839,934,000: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $4,116,340,000: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $9,249,736,000: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,714,079,000: Provided, That of the funds provided under this 
heading, not to exceed $1,650,000,000, to remain available until 
September 30, 2014, shall be for payments to reimburse key cooperating 
nations for logistical, military, and other support, including access, 
provided to United States military operations in support of Operation 
Enduring Freedom, and post-operation Iraq border security related to 
the activities of the Office of Security Cooperation in Iraq, 
notwithstanding any other provision of law: Provided further, That such 
reimbursement payments may be made in such amounts as the Secretary of 
Defense, with the concurrence of the Secretary of State, and in 
consultation with the Director of the Office of Management and Budget, 
may determine, in his discretion, based on documentation determined by 
the Secretary of Defense to adequately account for the support 
provided, and such determination is final and conclusive upon the 
accounting officers of the United States, and 15 days following 
notification to the appropriate congressional committees: Provided 
further, That the requirement under this heading to provide 
notification to the appropriate congressional committees shall not 
apply with respect to a reimbursement for access based on an 
international agreement: Provided further, That these funds may be used 
for the purpose of providing specialized training and procuring 
supplies and specialized equipment and providing such supplies and 
loaning such equipment on a non-reimbursable basis to coalition forces 
supporting United States military operations in Afghanistan, and 15 
days following notification to the appropriate congressional 
committees: Provided further, That the Secretary of Defense shall 
provide quarterly reports to the congressional defense committees on 
the use of funds provided in this paragraph: Provided further, That 
such amount in this section is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $157,887,000: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $55,924,000: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $25,477,000: Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $60,618,000: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $392,448,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $34,500,000: Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

             Overseas Contingency Operations Transfer Fund

                     (including transfer of funds)

    In addition to amounts provided elsewhere in this Act, there is 
appropriated $582,884,000 for the ``Overseas Contingency Operations 
Transfer Fund'' for expenses directly relating to overseas contingency 
operations by United States military forces, to be available until 
expended: Provided, That of the funds made available in this section, 
the Secretary of Defense may transfer these funds only to military 
personnel accounts, operation and maintenance accounts, procurement 
accounts, and working capital fund accounts: Provided further, That the 
funds made available in this paragraph may only be used for programs, 
projects, or activities categorized as Overseas Contingency Operations 
in the fiscal year 2013 budget request for the Department of Defense 
and the justification material and other documentation supporting such 
request: Provided further, That the funds transferred shall be merged 
with and shall be available for the same purposes and for the same time 
period, as the appropriation to which transferred: Provided further, 
That the Secretary shall notify the congressional defense committees 15 
days prior to such transfer: Provided further, That the transfer 
authority provided under this heading is in addition to any other 
transfer authority available to the Department of Defense: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation and shall be available for the same purposes and for the 
same time period as originally appropriated: Provided further, That 
such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                    Afghanistan Infrastructure Fund

                     (including transfer of funds)

    For the ``Afghanistan Infrastructure Fund'', $325,000,000, to 
remain available until September 30, 2014: Provided, That such funds 
shall be available to the Secretary of Defense for infrastructure 
projects in Afghanistan, notwithstanding any other provision of law, 
which shall be undertaken by the Secretary of State, unless the 
Secretary of State and the Secretary of Defense jointly decide that a 
specific project will be undertaken by the Department of Defense: 
Provided further, That the infrastructure referred to in the preceding 
proviso is in support of the counterinsurgency strategy, which may 
require funding for facility and infrastructure projects, including, 
but not limited to, water, power, and transportation projects and 
related maintenance and sustainment costs: Provided further, That the 
authority to undertake such infrastructure projects is in addition to 
any other authority to provide assistance to foreign nations: Provided 
further, That any projects funded under this heading shall be jointly 
formulated and concurred in by the Secretary of State and Secretary of 
Defense: Provided further, That funds may be transferred to the 
Department of State for purposes of undertaking projects, which funds 
shall be considered to be economic assistance under the Foreign 
Assistance Act of 1961 for purposes of making available the 
administrative authorities contained in that Act: Provided further, 
That the transfer authority in the preceding proviso is in addition to 
any other authority available to the Department of Defense to transfer 
funds: Provided further, That any unexpended funds transferred to the 
Secretary of State under this authority shall be returned to the 
Afghanistan Infrastructure Fund if the Secretary of State, in 
coordination with the Secretary of Defense, determines that the project 
cannot be implemented for any reason, or that the project no longer 
supports the counterinsurgency strategy in Afghanistan: Provided 
further, That any funds returned to the Secretary of Defense under the 
previous proviso shall be available for use under this appropriation 
and shall be treated in the same manner as funds not transferred to the 
Secretary of State: Provided further, That contributions of funds for 
the purposes provided herein to the Secretary of State in accordance 
with section 635(d) of the Foreign Assistance Act from any person, 
foreign government, or international organization may be credited to 
this Fund, to remain available until expended, and used for such 
purposes: Provided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to making transfers to or from, or obligations 
from the Fund, notify the appropriate committees of Congress in writing 
of the details of any such transfer: Provided further, That the 
``appropriate committees of Congress'' are the Committees on Armed 
Services, Foreign Relations and Appropriations of the Senate and the 
Committees on Armed Services, Foreign Affairs and Appropriations of the 
House of Representatives: Provided further, That such amount is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                    Afghanistan Security Forces Fund

    For the ``Afghanistan Security Forces Fund'', $5,124,167,000, to 
remain available until September 30, 2014: Provided, That such funds 
shall be available to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Commander, 
Combined Security Transition Command--Afghanistan, or the Secretary's 
designee, to provide assistance, with the concurrence of the Secretary 
of State, to the security forces of Afghanistan, including the 
provision of equipment, supplies, services, training, facility and 
infrastructure repair, renovation, and construction, and funding: 
Provided further, That the authority to provide assistance under this 
heading is in addition to any other authority to provide assistance to 
foreign nations: Provided further, That contributions of funds for the 
purposes provided herein from any person, foreign government, or 
international organization may be credited to this Fund, to remain 
available until expended, and used for such purposes: Provided further, 
That the Secretary of Defense shall notify the congressional defense 
committees in writing upon the receipt and upon the obligation of any 
contribution, delineating the sources and amounts of the funds received 
and the specific use of such contributions: Provided further, That the 
Secretary of Defense shall, not fewer than 15 days prior to obligating 
from this appropriation account, notify the congressional defense 
committees in writing of the details of any such obligation: Provided 
further, That the Secretary of Defense shall notify the congressional 
defense committees of any proposed new projects or transfer of funds 
between budget sub-activity groups in excess of $20,000,000: Provided 
further, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$550,700,000, to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$67,951,000, to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $15,422,000, to remain available until 
September 30, 2015: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$338,493,000, to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$1,740,157,000, to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$215,698,000, to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$22,500,000, to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $283,059,000, to remain available until September 30, 
2015: Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$98,882,000, to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$822,054,000, to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$305,600,000, to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$34,350,000, to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $116,203,000, to remain available until September 30, 2015: 
Provided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$2,680,270,000, to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$188,099,000, to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons and other procurement for the reserve 
components of the Armed Forces, $1,500,000,000, to remain available for 
obligation until September 30, 2015: Provided, That the Chiefs of 
National Guard and Reserve components shall, not later than 30 days 
after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective National Guard or Reserve component: Provided 
further, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $29,660,000, to remain available until September 
30, 2014: Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $52,519,000, to remain available until September 
30, 2014: Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $53,150,000, to remain available until 
September 30, 2014: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $112,387,000, to remain available until 
September 30, 2014: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$243,600,000: Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$993,898,000, which shall be for operation and maintenance: Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

         Drug Interdiction and Counter-Drug Activities, Defense

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $469,025,000, to remain available until 
September 30, 2014: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

    For the ``Joint Improvised Explosive Device Defeat Fund'', 
$1,622,614,000, to remain available until September 30, 2015: Provided, 
That such funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, for the purpose of allowing 
the Director of the Joint Improvised Explosive Device Defeat 
Organization to investigate, develop and provide equipment, supplies, 
services, training, facilities, personnel and funds to assist United 
States forces in the defeat of improvised explosive devices: Provided 
further, That the Secretary of Defense may transfer funds provided 
herein to appropriations for military personnel; operation and 
maintenance; procurement; research, development, test and evaluation; 
and defense working capital funds to accomplish the purpose provided 
herein: Provided further, That this transfer authority is in addition 
to any other transfer authority available to the Department of Defense: 
Provided further, That the Secretary of Defense shall, not fewer than 
15 days prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer: Provided further, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    Office of the Inspector General

    For an additional amount for the ``Office of the Inspector 
General'', $10,766,000: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 9001.  Notwithstanding any other provision of law, funds made 
available in this title are in addition to amounts appropriated or 
otherwise made available for the Department of Defense for fiscal year 
2013.

                     (including transfer of funds)

    Sec. 9002.  Upon the determination of the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may, 
with the approval of the Office of Management and Budget, transfer up 
to $3,500,000,000 between the appropriations or funds made available to 
the Department of Defense in this title: Provided, That the Secretary 
shall notify the Congress promptly of each transfer made pursuant to 
the authority in this section: Provided further, That the authority 
provided in this section is in addition to any other transfer authority 
available to the Department of Defense and is subject to the same terms 
and conditions as the authority provided in the Department of Defense 
Appropriations Act, 2013.
    Sec. 9003.  Supervision and administration costs associated with a 
construction project funded with appropriations available for operation 
and maintenance, ``Afghanistan Infrastructure Fund'', or the 
``Afghanistan Security Forces Fund'' provided in this Act and executed 
in direct support of overseas contingency operations in Afghanistan, 
may be obligated at the time a construction contract is awarded: 
Provided, That for the purpose of this section, supervision and 
administration costs include all in-house Government costs.
    Sec. 9004.  From funds made available in this title, the Secretary 
of Defense may purchase for use by military and civilian employees of 
the Department of Defense in the U.S. Central Command area of 
responsibility: (a) passenger motor vehicles up to a limit of $75,000 
per vehicle; and (b) heavy and light armored vehicles for the physical 
security of personnel or for force protection purposes up to a limit of 
$250,000 per vehicle, notwithstanding price or other limitations 
applicable to the purchase of passenger carrying vehicles.
    Sec. 9005.  Not to exceed $200,000,000 of the amount appropriated 
in this title under the heading ``Operation and Maintenance, Army'' may 
be used, notwithstanding any other provision of law, to fund the 
Commander's Emergency Response Program (CERP), for the purpose of 
enabling military commanders in Afghanistan to respond to urgent, 
small-scale, humanitarian relief and reconstruction requirements within 
their areas of responsibility: Provided, That each project (including 
any ancillary or related elements in connection with such project) 
executed under this authority shall not exceed $20,000,000: Provided 
further, That not later than 45 days after the end of each fiscal year 
quarter, the Secretary of Defense shall submit to the congressional 
defense committees a report regarding the source of funds and the 
allocation and use of funds during that quarter that were made 
available pursuant to the authority provided in this section or under 
any other provision of law for the purposes described herein: Provided 
further, That, not later than 30 days after the end of each month, the 
Army shall submit to the congressional defense committees monthly 
commitment, obligation, and expenditure data for the Commander's 
Emergency Response Program in Afghanistan: Provided further, That not 
less than 15 days before making funds available pursuant to the 
authority provided in this section or under any other provision of law 
for the purposes described herein for a project with a total 
anticipated cost for completion of $5,000,000 or more, the Secretary 
shall submit to the congressional defense committees a written notice 
containing each of the following:
            (1) The location, nature and purpose of the proposed 
        project, including how the project is intended to advance the 
        military campaign plan for the country in which it is to be 
        carried out.
            (2) The budget, implementation timeline with milestones, 
        and completion date for the proposed project, including any 
        other CERP funding that has been or is anticipated to be 
        contributed to the completion of the project.
            (3) A plan for the sustainment of the proposed project, 
        including the agreement with either the host nation, a non-
        Department of Defense agency of the United States Government or 
        a third-party contributor to finance the sustainment of the 
        activities and maintenance of any equipment or facilities to be 
        provided through the proposed project.
    Sec. 9006.  Funds available to the Department of Defense for 
operation and maintenance may be used, notwithstanding any other 
provision of law, to provide supplies, services, transportation, 
including airlift and sealift, and other logistical support to 
coalition forces supporting military and stability operations in 
Afghanistan: Provided, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees regarding 
support provided under this section.
    Sec. 9007.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended by 
the United States Government for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control over any oil resource 
        of Iraq.
            (3) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Afghanistan.
    Sec. 9008.  None of the funds made available in this Act may be 
used in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at 
New York on December 10, 1984):
            (1) Section 2340A of title 18, United States Code.
            (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 105-277; 
        112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
        prescribed thereto, including regulations under part 208 of 
        title 8, Code of Federal Regulations, and part 95 of title 22, 
        Code of Federal Regulations.
            (3) Sections 1002 and 1003 of the Department of Defense, 
        Emergency Supplemental Appropriations to Address Hurricanes in 
        the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public 
        Law 109-148).
    Sec. 9009.  None of the funds provided for the ``Afghanistan 
Security Forces Fund'' (ASFF) may be obligated prior to the approval of 
a financial and activity plan by the Afghanistan Resources Oversight 
Council (AROC) of the Department of Defense: Provided, That the AROC 
must approve the requirement and acquisition plan for any service 
requirements in excess of $50,000,000 annually and any non-standard 
equipment requirements in excess of $100,000,000 using ASFF: Provided 
further, That the AROC must approve all projects and the execution plan 
under the ``Afghanistan Infrastructure Fund'' (AIF) and any project in 
excess of $5,000,000 from the Commanders Emergency Response Program 
(CERP): Provided further, That the Department of Defense must certify 
to the congressional defense committees that the AROC has convened and 
approved a process for ensuring compliance with the requirements in the 
preceding provisos and accompanying report language for the ASFF, AIF, 
and CERP.
    Sec. 9010.  Funds made available in this title to the Department of 
Defense for operation and maintenance may be used to purchase items 
having an investment unit cost of not more than $250,000: Provided, 
That, upon determination by the Secretary of Defense that such action 
is necessary to meet the operational requirements of a Commander of a 
Combatant Command engaged in contingency operations overseas, such 
funds may be used to purchase items having an investment item unit cost 
of not more than $500,000.
    Sec. 9011.  Notwithstanding any other provision of law, up to 
$93,000,000 of funds made available in this title under the heading 
``Operation and Maintenance, Army'' may be obligated and expended for 
purposes of the Task Force for Business and Stability Operations, 
subject to the direction and control of the Secretary of Defense, with 
concurrence of the Secretary of State, to carry out strategic business 
and economic assistance activities in Afghanistan in support of 
Operation Enduring Freedom: Provided, That not less than 15 days before 
making funds available pursuant to the authority provided in this 
section for any project with a total anticipated cost of $5,000,000 or 
more, the Secretary shall submit to the congressional defense 
committees a written notice containing a detailed justification and 
timeline for each proposed project.
    Sec. 9012.  From funds made available to the Department of Defense 
in this title under the heading ``Operation and Maintenance, Air 
Force'' up to $508,000,000 may be used by the Secretary of Defense, 
notwithstanding any other provision of law, to support United States 
Government transition activities in Iraq by funding the operations and 
activities of the Office of Security Cooperation in Iraq and security 
assistance teams, including life support, transportation and personal 
security, and facilities renovation and construction: Provided, That to 
the extent authorized under the National Defense Authorization Act for 
Fiscal Year 2013, the operations and activities that may be carried out 
by the Office of Security Cooperation in Iraq may, with the concurrence 
of the Secretary of State, include non-operational training activities 
in support of Iraqi Ministry of Defense and Counter Terrorism Service 
personnel in an institutional environment to address capability gaps, 
integrate processes relating to intelligence, air sovereignty, combined 
arms, logistics and maintenance, and to manage and integrate defense-
related institutions: Provided further, That not later than 30 days 
following the enactment of this Act, the Secretary of Defense and the 
Secretary of State shall submit to the congressional defense committees 
a plan for transitioning any such training activities that they 
determine are needed after the end of fiscal year 2013, to existing or 
new contracts for the sale of defense articles or defense services 
consistent with the provisions of the Arms Export Control Act (22 
U.S.C. 2751 et seq.): Provided further, That not less than 15 days 
before making funds available pursuant to the authority provided in 
this section, the Secretary of Defense shall submit to the 
congressional defense committees a written notification containing a 
detailed justification and timeline for the operations and activities 
of the Office of Security Cooperation in Iraq at each site where such 
operations and activities will be conducted during fiscal year 2013.

                             (rescissions)

    Sec. 9013.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts: Provided, 
That such amounts are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985:
            ``Retroactive Stop Loss Special Pay Program, 2009/XXXX'', 
        $127,200,000;
            ``Afghanistan Security Forces Fund, 2012/2013'', 
        $1,000,000,000;
            ``Other Procurement, Army, 2012/2014'', $207,600,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 2012/
        2014'', $32,176,000;
            ``Procurement, Marine Corps, 2012/2014'', $2,776,000;
            ``Mine Resistant Ambush Protected Vehicle Fund, 2012/
        2013'', $400,000,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2012/2013'', $50,000,000;
            ``Joint Improvised Explosive Device Defeat Fund, 2012/
        2014'', $40,300,000.
    Sec. 9014. (a) None of the funds appropriated or otherwise made 
available by this Act under the heading ``Operation and Maintenance, 
Defense-Wide'' for payments under section 1233 of Public Law 110-181 
for reimbursement to the Government of Pakistan may be made available 
unless the Secretary of Defense, in coordination with the Secretary of 
State, certifies to the Committees on Appropriations that the 
Government of Pakistan is--
            (1) cooperating with the United States in counterterrorism 
        efforts against the Haqqani Network, the Quetta Shura Taliban, 
        Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other 
        domestic and foreign terrorist organizations, including taking 
        steps to end support for such groups and prevent them from 
        basing and operating in Pakistan and carrying out cross border 
        attacks into neighboring countries;
            (2) not supporting terrorist activities against United 
        States or coalition forces in Afghanistan, and Pakistan's 
        military and intelligence agencies are not intervening extra-
        judicially into political and judicial processes in Pakistan;
            (3) dismantling improvised explosive device (IED) networks 
        and interdicting precursor chemicals used in the manufacture of 
        IEDs;
            (4) preventing the proliferation of nuclear-related 
        material and expertise;
            (5) issuing visas in a timely manner for United States 
        visitors engaged in counterterrorism efforts and assistance 
        programs in Pakistan; and
            (6) providing humanitarian organizations access to 
        detainees, internally displaced persons, and other Pakistani 
        civilians affected by the conflict.
    (b) The Secretary of Defense, in coordination with the Secretary of 
State, may waive the restriction in paragraph (a) on a case-by-case 
basis by certifying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate that it is in the national 
security interest to do so: Provided, That if the Secretary of Defense, 
in coordination with the Secretary of State, exercises the authority of 
the previous proviso, the Secretaries shall report to the Committees on 
Appropriations on both the justification for the waiver and on the 
requirements of this section that the Government of Pakistan was not 
able to meet: Provided further, That such report may be submitted in 
classified form if necessary.
     This division may be cited as the ``Department of Defense 
Appropriations Act, 2013''.

  DIVISION B--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2013

     The following sums are hereby appropriated, out of any money in 
the Treasury not otherwise appropriated, for military construction, the 
Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2013, and for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, $1,684,323,000, to remain 
available until September 30, 2017: Provided, That of this amount, not 
to exceed $80,173,000 shall be available for study, planning, design, 
architect and engineer services, and host nation support, as authorized 
by law, unless the Secretary of Army determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor.

              Military Construction, Navy and Marine Corps

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy and Marine Corps as currently authorized 
by law, including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this 
appropriation, $1,549,164,000, to remain available until September 30, 
2017: Provided, That of this amount, not to exceed $102,619,000 shall 
be available for study, planning, design, and architect and engineer 
services, as authorized by law, unless the Secretary of Navy determines 
that additional obligations are necessary for such purposes and 
notifies the Committees on Appropriations of both Houses of Congress of 
the determination and the reasons therefor.

                    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $322,543,000, to remain available until September 30, 2017: 
Provided, That of this amount, not to exceed $18,635,000 shall be 
available for study, planning, design, and architect and engineer 
services, as authorized by law, unless the Secretary of Air Force 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor.

                  Military Construction, Defense-Wide

                     (including transfer of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
$3,582,423,000, to remain available until September 30, 2017: Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with and to be 
available for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred: Provided further, That of 
the amount appropriated, not to exceed $315,562,000 shall be available 
for study, planning, design, and architect and engineer services, as 
authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor: Provided further, That of the 
amount appropriated, notwithstanding any other provision of law, 
$26,969,000 shall be available for payments to the North Atlantic 
Treaty Organization for the planning, design, and construction of a new 
North Atlantic Treaty Organization headquarters.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $613,799,000, to remain available until September 
30, 2017: Provided, That of the amount appropriated, not to exceed 
$26,622,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Director of the Army National Guard determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor.

               Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $42,386,000, to remain available until September 
30, 2017: Provided, That of the amount appropriated, not to exceed 
$4,000,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Director of the Air National Guard determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $305,846,000, to 
remain available until September 30, 2017: Provided, That of the amount 
appropriated, not to exceed $15,951,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Chief of the Army Reserve determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor.

                  Military Construction, Navy Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $49,532,000, to remain available until September 
30, 2017: Provided, That of the amount appropriated, not to exceed 
$2,118,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Secretary of the Navy determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $10,979,000, to 
remain available until September 30, 2017: Provided, That of the amount 
appropriated, not to exceed $2,879,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Chief of the Air Force Reserve determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor.

                   North Atlantic Treaty Organization
                      Security Investment Program

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military Construction 
Authorization Acts, $254,163,000, to remain available until expended.

                   Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $4,641,000, to remain available until 
September 30, 2017.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $530,051,000.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $102,182,000, to 
remain available until September 30, 2017.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, 
as authorized by law, $378,230,000.

                 Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $83,824,000, to remain available 
until September 30, 2017.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $497,829,000.

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $52,238,000.

         Department of Defense Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$1,786,000, to remain available until expended, for family housing 
initiatives undertaken pursuant to section 2883 of title 10, United 
States Code, providing alternative means of acquiring and improving 
military family housing and supporting facilities.

          Chemical Demilitarization Construction, Defense-Wide

    For expenses of construction, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal chemical 
agents and munitions in accordance with section 1412 of the Department 
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the 
destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, as currently authorized by law, 
$151,000,000, to remain available until September 30, 2017, which shall 
be only for the Assembled Chemical Weapons Alternatives program.

            Department of Defense Base Closure Account 1990

    For deposit into the Department of Defense Base Closure Account 
1990, established by section 2906(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $409,396,000, to remain 
available until expended.

            Department of Defense Base Closure Account 2005

    For deposit into the Department of Defense Base Closure Account 
2005, established by section 2906A(a)(1) of the Defense Base Closure 
and Realignment Act of 1990 (10 U.S.C. 2687 note), $126,697,000, to 
remain available until expended: Provided, That the Department of 
Defense shall notify the Committees on Appropriations of both Houses of 
Congress 14 days prior to obligating an amount for a construction 
project that exceeds or reduces the amount identified for that project 
in the most recently submitted budget request for this account by 20 
percent or $2,000,000, whichever is less: Provided further, That the 
previous proviso shall not apply to projects costing less than 
$5,000,000, except for those projects not previously identified in any 
budget submission for this account and exceeding the minor construction 
threshold under section 2805 of title 10, United States Code.

                       Administrative Provisions

    Sec. 101.  None of the funds made available in this title shall be 
expended for payments under a cost-plus-a-fixed-fee contract for 
construction, where cost estimates exceed $25,000, to be performed 
within the United States, except Alaska, without the specific approval 
in writing of the Secretary of Defense setting forth the reasons 
therefor.
    Sec. 102.  Funds made available in this title for construction 
shall be available for hire of passenger motor vehicles.
    Sec. 103.  Funds made available in this title for construction may 
be used for advances to the Federal Highway Administration, Department 
of Transportation, for the construction of access roads as authorized 
by section 210 of title 23, United States Code, when projects 
authorized therein are certified as important to the national defense 
by the Secretary of Defense.
    Sec. 104.  None of the funds made available in this title may be 
used to begin construction of new bases in the United States for which 
specific appropriations have not been made.
    Sec. 105.  None of the funds made available in this title shall be 
used for purchase of land or land easements in excess of 100 percent of 
the value as determined by the Army Corps of Engineers or the Naval 
Facilities Engineering Command, except: (1) where there is a 
determination of value by a Federal court; (2) purchases negotiated by 
the Attorney General or the designee of the Attorney General; (3) where 
the estimated value is less than $25,000; or (4) as otherwise 
determined by the Secretary of Defense to be in the public interest.
    Sec. 106.  None of the funds made available in this title shall be 
used to: (1) acquire land; (2) provide for site preparation; or (3) 
install utilities for any family housing, except housing for which 
funds have been made available in annual Acts making appropriations for 
military construction.
    Sec. 107.  None of the funds made available in this title for minor 
construction may be used to transfer or relocate any activity from one 
base or installation to another, without prior notification to the 
Committees on Appropriations of both Houses of Congress.
    Sec. 108.  None of the funds made available in this title may be 
used for the procurement of steel for any construction project or 
activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for such 
steel procurement.
    Sec. 109.  None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110.  None of the funds made available in this title may be 
used to initiate a new installation overseas without prior notification 
to the Committees on Appropriations of both Houses of Congress.
    Sec. 111.  None of the funds made available in this title may be 
obligated for architect and engineer contracts estimated by the 
Government to exceed $500,000 for projects to be accomplished in Japan, 
in any North Atlantic Treaty Organization member country, or in 
countries bordering the Arabian Sea, unless such contracts are awarded 
to United States firms or United States firms in joint venture with 
host nation firms.
    Sec. 112.  None of the funds made available in this title for 
military construction in the United States territories and possessions 
in the Pacific and on Kwajalein Atoll, or in countries bordering the 
Arabian Sea, may be used to award any contract estimated by the 
Government to exceed $1,000,000 to a foreign contractor: Provided, That 
this section shall not be applicable to contract awards for which the 
lowest responsive and responsible bid of a United States contractor 
exceeds the lowest responsive and responsible bid of a foreign 
contractor by greater than 20 percent: Provided further, That this 
section shall not apply to contract awards for military construction on 
Kwajalein Atoll for which the lowest responsive and responsible bid is 
submitted by a Marshallese contractor.
    Sec. 113.  The Secretary of Defense shall inform the appropriate 
committees of both Houses of Congress, including the Committees on 
Appropriations, of plans and scope of any proposed military exercise 
involving United States personnel 30 days prior to its occurring, if 
amounts expended for construction, either temporary or permanent, are 
anticipated to exceed $100,000.
    Sec. 114.  Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 115.  Not more than 20 percent of the funds made available in 
this title which are limited for obligation during the current fiscal 
year shall be obligated during the last 2 months of the fiscal year.
    Sec. 116.  For military construction or family housing projects 
that are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 117.  Notwithstanding any other provision of law, any funds 
made available to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were made available, 
if the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.

                     (including transfer of funds)

    Sec. 118.  In addition to any other transfer authority available to 
the Department of Defense, proceeds deposited to the Department of 
Defense Base Closure Account established by section 207(a)(1) of the 
Defense Authorization Amendments and Base Closure and Realignment Act 
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may 
be transferred to the account established by section 2906(a)(1) of the 
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
to be merged with, and to be available for the same purposes and the 
same time period as that account.

                     (including transfer of funds)

    Sec. 119.  Subject to 30 days prior notification, or 14 days for a 
notification provided in an electronic medium pursuant to sections 480 
and 2883 of title 10, United States Code, to the Committees on 
Appropriations of both Houses of Congress, such additional amounts as 
may be determined by the Secretary of Defense may be transferred to: 
(1) the Department of Defense Family Housing Improvement Fund from 
amounts appropriated for construction in ``Family Housing'' accounts, 
to be merged with and to be available for the same purposes and for the 
same period of time as amounts appropriated directly to the Fund; or 
(2) the Department of Defense Military Unaccompanied Housing 
Improvement Fund from amounts appropriated for construction of military 
unaccompanied housing in ``Military Construction'' accounts, to be 
merged with and to be available for the same purposes and for the same 
period of time as amounts appropriated directly to the Fund: Provided, 
That appropriations made available to the Funds shall be available to 
cover the costs, as defined in section 502(5) of the Congressional 
Budget Act of 1974, of direct loans or loan guarantees issued by the 
Department of Defense pursuant to the provisions of subchapter IV of 
chapter 169 of title 10, United States Code, pertaining to alternative 
means of acquiring and improving military family housing, military 
unaccompanied housing, and supporting facilities.

                     (including transfer of funds)

    Sec. 120.  In addition to any other transfer authority available to 
the Department of Defense, amounts may be transferred from the accounts 
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base 
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund 
established by section 1013(d) of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Program incurred 
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged 
with and be available for the same purposes and for the same time 
period as the fund to which transferred.
    Sec. 121.  Notwithstanding any other provision of law, funds made 
available in this title for operation and maintenance of family housing 
shall be the exclusive source of funds for repair and maintenance of 
all family housing units, including general or flag officer quarters: 
Provided, That not more than $35,000 per unit may be spent annually for 
the maintenance and repair of any general or flag officer quarters 
without 30 days prior notification, or 14 days for a notification 
provided in an electronic medium pursuant to sections 480 and 2883 of 
title 10, United States Code, to the Committees on Appropriations of 
both Houses of Congress, except that an after-the-fact notification 
shall be submitted if the limitation is exceeded solely due to costs 
associated with environmental remediation that could not be reasonably 
anticipated at the time of the budget submission: Provided further, 
That the Under Secretary of Defense (Comptroller) is to report annually 
to the Committees on Appropriations of both Houses of Congress all 
operation and maintenance expenditures for each individual general or 
flag officer quarters for the prior fiscal year.
    Sec. 122.  Amounts contained in the Ford Island Improvement Account 
established by subsection (h) of section 2814 of title 10, United 
States Code, are appropriated and shall be available until expended for 
the purposes specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section.
    Sec. 123.  None of the funds made available in this title, or in 
any Act making appropriations for military construction which remain 
available for obligation, may be obligated or expended to carry out a 
military construction, land acquisition, or family housing project at 
or for a military installation approved for closure, or at a military 
installation for the purposes of supporting a function that has been 
approved for realignment to another installation, in 2005 under the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a 
military installation approved for realignment will support a 
continuing mission or function at that installation or a new mission or 
function that is planned for that installation, or unless the Secretary 
of Defense certifies that the cost to the United States of carrying out 
such project would be less than the cost to the United States of 
cancelling such project, or if the project is at an active component 
base that shall be established as an enclave or in the case of projects 
having multi-agency use, that another Government agency has indicated 
it will assume ownership of the completed project. The Secretary of 
Defense may not transfer funds made available as a result of this 
limitation from any military construction project, land acquisition, or 
family housing project to another account or use such funds for another 
purpose or project without the prior approval of the Committees on 
Appropriations of both Houses of Congress. This section shall not apply 
to military construction projects, land acquisition, or family housing 
projects for which the project is vital to the national security or the 
protection of health, safety, or environmental quality: Provided, That 
the Secretary of Defense shall notify the congressional defense 
committees within seven days of a decision to carry out such a military 
construction project.

                     (including transfer of funds)

    Sec. 124.  During the 5-year period after appropriations available 
in this Act to the Department of Defense for military construction and 
family housing operation and maintenance and construction have expired 
for obligation, upon a determination that such appropriations will not 
be necessary for the liquidation of obligations or for making 
authorized adjustments to such appropriations for obligations incurred 
during the period of availability of such appropriations, unobligated 
balances of such appropriations may be transferred into the 
appropriation ``Foreign Currency Fluctuations, Construction, Defense'', 
to be merged with and to be available for the same time period and for 
the same purposes as the appropriation to which transferred.
    Sec. 125.  None of the funds made available by this Act may be used 
by the Secretary of Defense to take beneficial occupancy of more than 
2,500 parking spaces (other than handicap-reserved spaces) to be 
provided by the BRAC 133 project: Provided, That this limitation may be 
waived in part if: (1) the Secretary of Defense certifies to Congress 
that levels of service at existing intersections in the vicinity of the 
project have not experienced failing levels of service as defined by 
the Transportation Research Board Highway Capacity Manual over a 
consecutive 90-day period; (2) the Department of Defense and the 
Virginia Department of Transportation agree on the number of additional 
parking spaces that may be made available to employees of the facility 
subject to continued 90-day traffic monitoring; and (3) the Secretary 
of Defense notifies the congressional defense committees in writing at 
least 14 days prior to exercising this waiver of the number of 
additional parking spaces to be made available.
    Sec. 126.  None of the funds made available by this Act may be used 
for any action that relates to or promotes the expansion of the 
boundaries or size of the Pinon Canyon Maneuver Site, Colorado.
    Sec. 127.  Amounts appropriated or otherwise made available in an 
account funded under the headings in this title may be transferred 
among projects and activities within the account in accordance with the 
reprogramming guidelines for military construction and family housing 
construction contained in Department of Defense Financial Management 
Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in 
effect on the date of enactment of this Act.
    Sec. 128. (a) Except as provided in subsection (b), none of the 
funds made available in this Act may be used by the Secretary of the 
Army to relocate a unit in the Army that--
            (1) performs a testing mission or function that is not 
        performed by any other unit in the Army and is specifically 
        stipulated in title 10, United States Code; and
            (2) is located at a military installation at which the 
        total number of civilian employees of the Department of the 
        Army and Army contractor personnel employed exceeds 10 percent 
        of the total number of members of the regular and reserve 
        components of the Army assigned to the installation.
    (b) Exception.--Subsection (a) shall not apply if the Secretary of 
the Army certifies to the congressional defense committees that in 
proposing the relocation of the unit of the Army, the Secretary 
complied with Army Regulation 5-10 relating to the policy, procedures, 
and responsibilities for Army stationing actions.
    Sec. 129.  Notwithstanding any other provision of law, none of the 
funds made available to the Department of Defense for military 
construction in this or any other Act, may be obligated or expended for 
planning and design and construction of projects at Arlington National 
Cemetery.

                    (including rescission of funds)

    Sec. 130.  Of the unobligated balances available for ``Military 
Construction, Defense-Wide'', from prior appropriations Acts, 
$20,000,000 are hereby cancelled: Provided, That no amounts may be 
cancelled from amounts that were designated by Congress as an emergency 
requirement or for Overseas Contingency Operations/Global War on 
Terrorism pursuant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                    (including rescission of funds)

    Sec. 131.  Of the unobligated balances available for ``Department 
of Defense Base Closure Account 2005'', from prior appropriations Acts, 
$132,513,000 are hereby cancelled: Provided, That no amounts may be 
cancelled from amounts that were designated by Congress as an emergency 
requirement or for Overseas Contingency Operations/Global War on 
Terrorism pursuant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                     (including transfer of funds)

    Sec. 132.  Of the proceeds credited to the Department of Defense 
Family Housing Improvement Fund pursuant to subsection (c)(1)(C) of 
section 2883 of title 10, United States Code, from a Department of Navy 
land conveyance, the Secretary of Defense shall transfer $10,500,000 to 
the Secretary of the Navy under paragraph (3) of subsection (d) of such 
section for use by the Secretary of the Navy as provided in paragraph 
(1) of such subsection until expended.

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

                     (including transfer of funds)

    For the payment of compensation benefits to or on behalf of 
veterans and a pilot program for disability examinations as authorized 
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, 
United States Code; pension benefits to or on behalf of veterans as 
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United 
States Code; and burial benefits, the Reinstated Entitlement Program 
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial 
life insurance policies guaranteed under the provisions of title IV of 
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and 
for other benefits as authorized by sections 107, 1312, 1977, and 2106, 
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, 
$60,599,855,000, to remain available until expended: Provided, That not 
to exceed $9,204,000 of the amount appropriated under this heading 
shall be reimbursed to ``General operating expenses, Veterans Benefits 
Administration'', ``Medical support and compliance'', and ``Information 
technology systems'' for necessary expenses in implementing the 
provisions of chapters 51, 53, and 55 of title 38, United States Code, 
the funding source for which is specifically provided as the 
``Compensation and pensions'' appropriation: Provided further, That 
such sums as may be earned on an actual qualifying patient basis, shall 
be reimbursed to ``Medical care collections fund'' to augment the 
funding of individual medical facilities for nursing home care provided 
to pensioners as authorized.

                         readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or 
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, and for 
the payment of benefits under the Veterans Retraining Assistance 
Program, $12,023,458,000, to remain available until expended: Provided, 
That expenses for rehabilitation program services and assistance which 
the Secretary is authorized to provide under subsection (a) of section 
3104 of title 38, United States Code, other than under paragraphs (1), 
(2), (5), and (11) of that subsection, shall be charged to this 
account.

                   veterans insurance and indemnities

    For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by chapters 19 and 21, 
title 38, United States Code, $104,600,000, to remain available until 
expended.

                 veterans housing benefit program fund

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by subchapters I 
through III of chapter 37 of title 38, United States Code: Provided, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That during fiscal year 2013, within the resources 
available, not to exceed $500,000 in gross obligations for direct loans 
are authorized for specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $157,814,000.

            vocational rehabilitation loans program account

    For the cost of direct loans, $19,000, as authorized by chapter 31 
of title 38, United States Code: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That funds made 
available under this heading are available to subsidize gross 
obligations for the principal amount of direct loans not to exceed 
$2,729,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $346,000, which may be paid to the appropriation 
for ``General operating expenses, Veterans Benefits Administration''.

          native american veteran housing loan program account

    For administrative expenses to carry out the direct loan program 
authorized by subchapter V of chapter 37 of title 38, United States 
Code, $1,089,000.

                     Veterans Health Administration

                            medical services

    For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of the 
Department of Veterans Affairs and veterans described in section 
1705(a) of title 38, United States Code, including care and treatment 
in facilities not under the jurisdiction of the Department, and 
including medical supplies and equipment, bioengineering services, food 
services, and salaries and expenses of healthcare employees hired under 
title 38, United States Code, aid to State homes as authorized by 
section 1741 of title 38, United States Code, assistance and support 
services for caregivers as authorized by section 1720G of title 38, 
United States Code, loan repayments authorized by section 604 of the 
Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital care and 
medical services authorized by section 1787 of title 38, United States 
Code; $155,000,000, which shall be in addition to funds previously 
appropriated under this heading that become available on October 1, 
2012; and in addition, $43,557,000,000, plus reimbursements, shall 
become available on October 1, 2013, and shall remain available until 
September 30, 2014: Provided, That notwithstanding any other provision 
of law, the Secretary of Veterans Affairs shall establish a priority 
for the provision of medical treatment for veterans who have service-
connected disabilities, lower income, or have special needs: Provided 
further, That notwithstanding any other provision of law, the Secretary 
of Veterans Affairs shall give priority funding for the provision of 
basic medical benefits to veterans in enrollment priority groups 1 
through 6: Provided further, That notwithstanding any other provision 
of law, the Secretary of Veterans Affairs may authorize the dispensing 
of prescription drugs from Veterans Health Administration facilities to 
enrolled veterans with privately written prescriptions based on 
requirements established by the Secretary: Provided further, That the 
implementation of the program described in the previous proviso shall 
incur no additional cost to the Department of Veterans Affairs.

                     medical support and compliance

    For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
capital policy activities; and administrative and legal expenses of the 
Department for collecting and recovering amounts owed the Department as 
authorized under chapter 17 of title 38, United States Code, and the 
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.); 
$6,033,000,000, plus reimbursements, shall become available on October 
1, 2013, and shall remain available until September 30, 2014.

                           medical facilities

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, domiciliary facilities, and other necessary 
facilities of the Veterans Health Administration; for administrative 
expenses in support of planning, design, project management, real 
property acquisition and disposition, construction, and renovation of 
any facility under the jurisdiction or for the use of the Department; 
for oversight, engineering, and architectural activities not charged to 
project costs; for repairing, altering, improving, or providing 
facilities in the several hospitals and homes under the jurisdiction of 
the Department, not otherwise provided for, either by contract or by 
the hire of temporary employees and purchase of materials; for leases 
of facilities; and for laundry services, $4,872,000,000, plus 
reimbursements, shall become available on October 1, 2013, and shall 
remain available until September 30, 2014.

                    medical and prosthetic research

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of 
title 38, United States Code, $582,674,000, plus reimbursements, shall 
remain available until September 30, 2014.

                    National Cemetery Administration

    For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; hire of passenger motor vehicles; and repair, alteration or 
improvement of facilities under the jurisdiction of the National 
Cemetery Administration, $258,284,000, of which not to exceed 
$25,828,000 shall remain available until September 30, 2014: Provided, 
That none of the funds under this heading may be used to expand the 
Urban Initiative project beyond those sites outlined in the fiscal year 
2012 or previous budget submissions or any other rural strategy, other 
than the Rural Initiative included in the fiscal year 2013 budget 
submission, until the Secretary of Veterans Affairs submits to the 
Committees on Appropriations of both Houses of Congress a strategy to 
serve the burial needs of veterans residing in rural and highly rural 
areas and that strategy has been approved by the Committees: Provided 
further, That the strategy shall include: (1) A review of previous 
policies of the National Cemetery Administration regarding 
establishment of new national cemeteries, including whether the 
guidelines of the Administration for establishing national cemetery 
annexes remain valid; (2) Data identifying the number of and geographic 
areas where rural veterans are not currently served by national or 
existing State cemeteries and identification of areas with the largest 
unserved populations, broken down by veterans residing in urban versus 
rural and highly rural; (3) Identification of the number of veterans 
who reside within the 75-mile radius of a cemetery that is limited to 
cremations or of a State cemetery which has residency restrictions, as 
well as an examination of how many communities that fall under a 75-
mile radius have an actual driving distance greater than 75 miles; (4) 
Reassessment of the gaps in service, factoring in the above conditions 
that limit rural and highly rural veteran burial options; (5) An 
assessment of the adequacy of the policy of the Administration on 
establishing new cemeteries proposed in the fiscal year 2013 budget 
request; (6) Recommendations for an appropriate policy on new national 
cemeteries to serve rural or highly rural areas; (7) Development of a 
national map showing the locations and number of all unserved veterans; 
and (8) A time line for the implementation of such strategy and cost 
estimates for using the strategy to establish new burial sites in at 
least five rural or highly rural locations: Provided further, That the 
Comptroller General of the United States shall review the strategy to 
ensure that it includes the elements listed above: Provided further, 
That this strategy shall be submitted no later than 180 days after the 
date of enactment of this Act: Provided further, That the Secretary of 
Veterans Affairs shall issue guidelines on committal services held at 
cemeteries under the jurisdiction of the National Cemetery 
Administration to ensure that: (1) veterans' families may arrange to 
hold committal services with any religious or secular content they 
desire; (2) the choice by a family of an honor guard and the content 
and presentation of military honors may not be interfered with; and (3) 
attendance at committal services by outside organizations dedicated to 
the support of veterans will not be constrained except at the request 
of family members: Provided further, That the Department shall not 
edit, control, or exercise prior restraints on the content of religious 
speech and expression by speakers at events at veterans national 
cemeteries except as provided in section 2413 of title 38, United 
States Code: Provided further, That actions permitted by the foregoing 
provisos shall be subject to compliance with Department security, 
safety, and law enforcement regulations.

                      Departmental Administration

                         general administration

                     (including transfer of funds)

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of Department-Wide capital planning, management and policy 
activities, uniforms, or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, $424,737,000, of which not to exceed 
$20,837,000 shall remain available until September 30, 2014: Provided, 
That the Board of Veterans Appeals shall be funded at not less than 
$86,006,000: Provided further, That of the funds made available under 
this heading, such sums as may be necessary shall be available to the 
Secretary of Veterans Affairs to comply with the Department's energy 
management requirements under section 543(f)(7) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(f)(7)): Provided further, That 
funds provided under this heading may be transferred to ``General 
operating expenses, Veterans Benefits Administration''.

      general operating expenses, veterans benefits administration

    For necessary operating expenses of the Veterans Benefits 
Administration, not otherwise provided for, including hire of passenger 
motor vehicles, reimbursement of the General Services Administration 
for security guard services, and reimbursement of the Department of 
Defense for the cost of overseas employee mail, $2,164,074,000: 
Provided, That expenses for services and assistance authorized under 
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, 
United States Code, that the Secretary of Veterans Affairs determines 
are necessary to enable entitled veterans: (1) to the maximum extent 
feasible, to become employable and to obtain and maintain suitable 
employment; or (2) to achieve maximum independence in daily living, 
shall be charged to this account: Provided further, That of the funds 
made available under this heading, not to exceed $113,000,000 shall 
remain available until September 30, 2014.

                     information technology systems

                     (including transfer of funds)

    For necessary expenses for information technology systems and 
telecommunications support, including developmental information systems 
and operational information systems; for pay and associated costs; and 
for the capital asset acquisition of information technology systems, 
including management and related contractual costs of said 
acquisitions, including contractual costs associated with operations 
authorized by section 3109 of title 5, United States Code, 
$3,327,444,000, plus reimbursements: Provided, That $1,021,000,000 
shall be for pay and associated costs, of which not to exceed 
$30,630,000 shall remain available until September 30, 2014: Provided 
further, That $1,812,045,000 shall be for operations and maintenance, 
of which not to exceed $126,000,000 shall remain available until 
September 30, 2014: Provided further, That $494,399,000 shall be for 
information technology systems development, modernization, and 
enhancement, and shall remain available until September 30, 2014: 
Provided further, That amounts made available for information 
technology systems development, modernization, and enhancement may not 
be obligated or expended until the Secretary of Veterans Affairs or the 
Chief Information Officer of the Department of Veterans Affairs submits 
to the Committees on Appropriations of both Houses of Congress a 
certification of the amounts, in parts or in full, to be obligated and 
expended for each development project: Provided further, That amounts 
made available for salaries and expenses, operations and maintenance, 
and information technology systems development, modernization, and 
enhancement may be transferred among the three sub-accounts after the 
Secretary of Veterans Affairs requests from the Committees on 
Appropriations of both Houses of Congress the authority to make the 
transfer and an approval is issued: Provided further, That amounts made 
available for the ``Information technology systems'' account for 
development, modernization, and enhancement may be transferred between 
projects or to newly defined projects: Provided further, That no 
project may be increased or decreased by more than $1,000,000 of cost 
prior to submitting a request to the Committees on Appropriations of 
both Houses of Congress to make the transfer and an approval is issued, 
or absent a response, a period of 30 days has elapsed: Provided 
further, That of the funds provided for information technology systems 
development, modernization, and enhancement for the development of a 
joint Department of Defense--Department of Veterans Affairs (DOD-VA) 
integrated electronic health record (iEHR), not more than 25 percent 
may be obligated until the DOD-VA Interagency Program Office submits to 
the Committees on Appropriations of both Houses of Congress, and such 
Committees approve, a plan for expenditure that: (1) defines the budget 
and cost baseline for development of the integrated Electronic Health 
Record; (2) identifies the deployment timeline for the system for both 
Agencies; (3) breaks out annual and total spending for each Department; 
(4) relays detailed cost-sharing business rules; (5) establishes data 
standardization schedules between the Departments; (6) has been 
submitted to the Government Accountability Office for review; and (7) 
complies with the acquisition rules, requirements, guidelines, and 
systems acquisition management practices of the Federal Government: 
Provided further, That the funds made available under this heading for 
information technology systems development, modernization, and 
enhancement, shall be for the projects, and in the amounts, specified 
under this heading in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act).

                      office of inspector general

    For necessary expenses of the Office of Inspector General, to 
include information technology, in carrying out the provisions of the 
Inspector General Act of 1978 (5 U.S.C. App.), $115,000,000, of which 
$6,000,000 shall remain available until September 30, 2014.

                      construction, major projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, or for any of the 
purposes set forth in sections 316, 2404, 2406, and chapter 81 of title 
38, United States Code, not otherwise provided for, including planning, 
architectural and engineering services, construction management 
services, maintenance or guarantee period services costs associated 
with equipment guarantees provided under the project, services of 
claims analysts, offsite utility and storm drainage system construction 
costs, and site acquisition, where the estimated cost of a project is 
more than the amount set forth in section 8104(a)(3)(A) of title 38, 
United States Code, or where funds for a project were made available in 
a previous major project appropriation, $532,470,000, of which 
$502,470,000 shall remain available until September 30, 2017, and of 
which $30,000,000 shall remain available until expended: Provided, That 
$5,000,000 shall be to make reimbursements as provided in section 7108 
of title 41, United States Code, for claims paid for contract disputes: 
Provided further, That except for advance planning activities, 
including needs assessments which may or may not lead to capital 
investments, and other capital asset management related activities, 
including portfolio development and management activities, and 
investment strategy studies funded through the advance planning fund 
and the planning and design activities funded through the design fund, 
including needs assessments which may or may not lead to capital 
investments, and salaries and associated costs of the resident 
engineers who oversee those capital investments funded through this 
account, and funds provided for the purchase of land for the National 
Cemetery Administration through the land acquisition line item, none of 
the funds made available under this heading shall be used for any 
project which has not been approved by the Congress in the budgetary 
process: Provided further, That funds made available under this heading 
for fiscal year 2013, for each approved project shall be obligated: (1) 
by the awarding of a construction documents contract by September 30, 
2013; and (2) by the awarding of a construction contract by September 
30, 2014: Provided further, That the Secretary of Veterans Affairs 
shall promptly submit to the Committees on Appropriations of both 
Houses of Congress a written report on any approved major construction 
project for which obligations are not incurred within the time 
limitations established above.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, including planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm 
drainage system construction costs, and site acquisition, or for any of 
the purposes set forth in sections 316, 2404, 2406, and chapter 81 of 
title 38, United States Code, not otherwise provided for, where the 
estimated cost of a project is equal to or less than the amount set 
forth in section 8104(a)(3)(A) of title 38, United States Code, 
$607,530,000, to remain available until September 30, 2017, along with 
unobligated balances of previous ``Construction, minor projects'' 
appropriations which are hereby made available for any project where 
the estimated cost is equal to or less than the amount set forth in 
such section: Provided, That funds made available under this heading 
shall be for: (1) repairs to any of the nonmedical facilities under the 
jurisdiction or for the use of the Department which are necessary 
because of loss or damage caused by any natural disaster or 
catastrophe; and (2) temporary measures necessary to prevent or to 
minimize further loss by such causes.

       grants for construction of state extended care facilities

    For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify, or alter 
existing hospital, nursing home, and domiciliary facilities in State 
homes, for furnishing care to veterans as authorized by sections 8131 
through 8137 of title 38, United States Code, $85,000,000, to remain 
available until expended.

             grants for construction of veterans cemeteries

    For grants to assist States and tribal governments in establishing, 
expanding, or improving veterans cemeteries as authorized by section 
2408 of title 38, United States Code, $46,000,000, to remain available 
until expended.

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 201.  Any appropriation for fiscal year 2013 for 
``Compensation and pensions'', ``Readjustment benefits'', and 
``Veterans insurance and indemnities'' may be transferred as necessary 
to any other of the mentioned appropriations: Provided, That before a 
transfer may take place, the Secretary of Veterans Affairs shall 
request from the Committees on Appropriations of both Houses of 
Congress the authority to make the transfer and such Committees issue 
an approval, or absent a response, a period of 30 days has elapsed.

                     (including transfer of funds)

    Sec. 202.  Amounts made available for the Department of Veterans 
Affairs for fiscal year 2013, in this Act or any other Act, under the 
``Medical services'', ``Medical support and compliance'', and ``Medical 
facilities'' accounts may be transferred among the accounts: Provided, 
That any transfers between the ``Medical services'' and ``Medical 
support and compliance'' accounts of 1 percent or less of the total 
amount appropriated to the account in this or any other Act may take 
place subject to notification from the Secretary of Veterans Affairs to 
the Committees on Appropriations of both Houses of Congress of the 
amount and purpose of the transfer: Provided further, That any 
transfers between the ``Medical services'' and ``Medical support and 
compliance'' accounts in excess of 1 percent, or exceeding the 
cumulative 1 percent for the fiscal year, may take place only after the 
Secretary requests from the Committees on Appropriations of both Houses 
of Congress the authority to make the transfer and an approval is 
issued: Provided further, That any transfers to or from the ``Medical 
facilities'' account may take place only after the Secretary requests 
from the Committees on Appropriations of both Houses of Congress the 
authority to make the transfer and an approval is issued.
    Sec. 203.  Appropriations available in this title for salaries and 
expenses shall be available for services authorized by section 3109 of 
title 5, United States Code; hire of passenger motor vehicles; lease of 
a facility or land or both; and uniforms or allowances therefore, as 
authorized by sections 5901 through 5902 of title 5, United States 
Code.
    Sec. 204.  No appropriations in this title (except the 
appropriations for ``Construction, major projects'', and 
``Construction, minor projects'') shall be available for the purchase 
of any site for or toward the construction of any new hospital or home.
    Sec. 205.  No appropriations in this title shall be available for 
hospitalization or examination of any persons (except beneficiaries 
entitled to such hospitalization or examination under the laws 
providing such benefits to veterans, and persons receiving such 
treatment under sections 7901 through 7904 of title 5, United States 
Code, or the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the 
cost of such hospitalization or examination is made to the ``Medical 
services'' account at such rates as may be fixed by the Secretary of 
Veterans Affairs.
    Sec. 206.  Appropriations available in this title for 
``Compensation and pensions'', ``Readjustment benefits'', and 
``Veterans insurance and indemnities'' shall be available for payment 
of prior year accrued obligations required to be recorded by law 
against the corresponding prior year accounts within the last quarter 
of fiscal year 2012.
    Sec. 207.  Appropriations available in this title shall be 
available to pay prior year obligations of corresponding prior year 
appropriations accounts resulting from sections 3328(a), 3334, and 
3712(a) of title 31, United States Code, except that if such 
obligations are from trust fund accounts they shall be payable only 
from ``Compensation and pensions''.

                     (including transfer of funds)

    Sec. 208.  Notwithstanding any other provision of law, during 
fiscal year 2013, the Secretary of Veterans Affairs shall, from the 
National Service Life Insurance Fund under section 1920 of title 38, 
United States Code, the Veterans' Special Life Insurance Fund under 
section 1923 of title 38, United States Code, and the United States 
Government Life Insurance Fund under section 1955 of title 38, United 
States Code, reimburse the ``General operating expenses, Veterans 
Benefits Administration'' and ``Information technology systems'' 
accounts for the cost of administration of the insurance programs 
financed through those accounts: Provided, That reimbursement shall be 
made only from the surplus earnings accumulated in such an insurance 
program during fiscal year 2013 that are available for dividends in 
that program after claims have been paid and actuarially determined 
reserves have been set aside: Provided further, That if the cost of 
administration of such an insurance program exceeds the amount of 
surplus earnings accumulated in that program, reimbursement shall be 
made only to the extent of such surplus earnings: Provided further, 
That the Secretary shall determine the cost of administration for 
fiscal year 2013 which is properly allocable to the provision of each 
such insurance program and to the provision of any total disability 
income insurance included in that insurance program.
    Sec. 209.  Amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services, may be 
obligated during the fiscal year in which the proceeds are received.

                     (including transfer of funds)

    Sec. 210.  Funds available in this title or funds for salaries and 
other administrative expenses shall also be available to reimburse the 
Office of Resolution Management of the Department of Veterans Affairs 
and the Office of Employment Discrimination Complaint Adjudication 
under section 319 of title 38, United States Code, for all services 
provided at rates which will recover actual costs but not to exceed 
$42,904,000 for the Office of Resolution Management and $3,360,000 for 
the Office of Employment and Discrimination Complaint Adjudication: 
Provided, That payments may be made in advance for services to be 
furnished based on estimated costs: Provided further, That amounts 
received shall be credited to the ``General administration'' and 
``Information technology systems'' accounts for use by the office that 
provided the service.
    Sec. 211.  No appropriations in this title shall be available to 
enter into any new lease of real property if the estimated annual 
rental cost is more than $1,000,000, unless the Secretary submits a 
report which the Committees on Appropriations of both Houses of 
Congress approve within 30 days following the date on which the report 
is received.
    Sec. 212.  No funds of the Department of Veterans Affairs shall be 
available for hospital care, nursing home care, or medical services 
provided to any person under chapter 17 of title 38, United States 
Code, for a non-service-connected disability described in section 
1729(a)(2) of such title, unless that person has disclosed to the 
Secretary of Veterans Affairs, in such form as the Secretary may 
require, current, accurate third-party reimbursement information for 
purposes of section 1729 of such title: Provided, That the Secretary 
may recover, in the same manner as any other debt due the United 
States, the reasonable charges for such care or services from any 
person who does not make such disclosure as required: Provided further, 
That any amounts so recovered for care or services provided in a prior 
fiscal year may be obligated by the Secretary during the fiscal year in 
which amounts are received.

                     (including transfer of funds)

    Sec. 213.  Notwithstanding any other provision of law, proceeds or 
revenues derived from enhanced-use leasing activities (including 
disposal) may be deposited into the ``Construction, major projects'' 
and ``Construction, minor projects'' accounts and be used for 
construction (including site acquisition and disposition), alterations, 
and improvements of any medical facility under the jurisdiction or for 
the use of the Department of Veterans Affairs. Such sums as realized 
are in addition to the amount provided for in ``Construction, major 
projects'' and ``Construction, minor projects''.
    Sec. 214.  Amounts made available under ``Medical services'' are 
available--
            (1) for furnishing recreational facilities, supplies, and 
        equipment; and
            (2) for funeral expenses, burial expenses, and other 
        expenses incidental to funerals and burials for beneficiaries 
        receiving care in the Department.

                     (including transfer of funds)

    Sec. 215.  Such sums as may be deposited to the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, may be transferred to ``Medical services'', to remain available 
until expended for the purposes of that account.
    Sec. 216.  The Secretary of Veterans Affairs may enter into 
agreements with Indian tribes and tribal organizations which are party 
to the Alaska Native Health Compact with the Indian Health Service, and 
Indian tribes and tribal organizations serving rural Alaska which have 
entered into contracts with the Indian Health Service under the Indian 
Self Determination and Educational Assistance Act, to provide 
healthcare, including behavioral health and dental care. The Secretary 
shall require participating veterans and facilities to comply with all 
appropriate rules and regulations, as established by the Secretary. The 
term ``rural Alaska'' shall mean those lands sited within the external 
boundaries of the Alaska Native regions specified in sections 7(a)(1)-
(4) and (7)-(12) of the Alaska Native Claims Settlement Act, as amended 
(43 U.S.C. 1606), and those lands within the Alaska Native regions 
specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims 
Settlement Act, as amended (43 U.S.C. 1606), which are not within the 
boundaries of the municipality of Anchorage, the Fairbanks North Star 
Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough.

                     (including transfer of funds)

    Sec. 217.  Such sums as may be deposited to the Department of 
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 
38, United States Code, may be transferred to the ``Construction, major 
projects'' and ``Construction, minor projects'' accounts, to remain 
available until expended for the purposes of these accounts.
    Sec. 218.  None of the funds made available in this title may be 
used to implement any policy prohibiting the Directors of the Veterans 
Integrated Services Networks from conducting outreach or marketing to 
enroll new veterans within their respective Networks.
    Sec. 219.  The Secretary of Veterans Affairs shall submit to the 
Committees on Appropriations of both Houses of Congress a quarterly 
report on the financial status of the Veterans Health Administration.

                     (including transfer of funds)

    Sec. 220.  Amounts made available under the ``Medical services'', 
``Medical support and compliance'', ``Medical facilities'', ``General 
operating expenses, Veterans Benefits Administration'', ``General 
administration'', and ``National Cemetery Administration'' accounts for 
fiscal year 2013, may be transferred to or from the ``Information 
technology systems'' account: Provided, That before a transfer may take 
place, the Secretary of Veterans Affairs shall request from the 
Committees on Appropriations of both Houses of Congress the authority 
to make the transfer and an approval is issued.
    Sec. 221.  None of the funds appropriated or otherwise made 
available by this Act or any other Act for the Department of Veterans 
Affairs may be used in a manner that is inconsistent with: (1) section 
842 of the Transportation, Treasury, Housing and Urban Development, the 
Judiciary, the District of Columbia, and Independent Agencies 
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2) 
section 8110(a)(5) of title 38, United States Code.
    Sec. 222.  Of the amounts made available to the Department of 
Veterans Affairs for fiscal year 2013, in this Act or any other Act, 
under the ``Medical facilities'' account for nonrecurring maintenance, 
not more than 20 percent of the funds made available shall be obligated 
during the last 2 months of that fiscal year: Provided, That the 
Secretary may waive this requirement after providing written notice to 
the Committees on Appropriations of both Houses of Congress.

                     (including transfer of funds)

    Sec. 223.  Of the amounts appropriated to the Department of 
Veterans Affairs for fiscal year 2013 for ``Medical services'', 
``Medical support and compliance'', ``Medical facilities'', 
``Construction, minor projects'', and ``Information technology 
systems'', up to $247,356,000, plus reimbursements, may be transferred 
to the Joint Department of Defense-Department of Veterans Affairs 
Medical Facility Demonstration Fund, established by section 1704 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 3571) and may be used for operation of the facilities 
designated as combined Federal medical facilities as described by 
section 706 of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That 
additional funds may be transferred from accounts designated in this 
section to the Joint Department of Defense-Department of Veterans 
Affairs Medical Facility Demonstration Fund upon written notification 
by the Secretary of Veterans Affairs to the Committees on 
Appropriations of both Houses of Congress.

                     (including transfer of funds)

    Sec. 224.  Such sums as may be deposited to the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, for healthcare provided at facilities designated as combined 
Federal medical facilities as described by section 706 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer 
to the Joint Department of Defense-Department of Veterans Affairs 
Medical Facility Demonstration Fund, established by section 1704 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 3571); and (2) for operations of the facilities 
designated as combined Federal medical facilities as described by 
section 706 of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500).

                     (including transfer of funds)

    Sec. 225.  Of the amounts available in this title for ``Medical 
services'', ``Medical support and compliance'', and ``Medical 
facilities'', a minimum of $15,000,000, shall be transferred to the 
DOD-VA Health Care Sharing Incentive Fund, as authorized by section 
8111(d) of title 38, United States Code, to remain available until 
expended, for any purpose authorized by section 8111 of title 38, 
United States Code.

                    (including rescissions of funds)

    Sec. 226. (a) Of the funds appropriated in title II of division H 
of Public Law 112-74, the following amounts which became available on 
October 1, 2012, are hereby rescinded from the following accounts in 
the amounts specified:
            (1) ``Department of Veterans Affairs, Medical services'', 
        $1,500,000,000.
            (2) ``Department of Veterans Affairs, Medical support and 
        compliance'', $200,000,000.
            (3) ``Department of Veterans Affairs, Medical facilities'', 
        $250,000,000.
    (b) In addition to amounts provided elsewhere in this Act, an 
additional amount is appropriated to the following accounts in the 
amounts specified to remain available until September 30, 2014:
    (1) ``Department of Veterans Affairs, Medical services'', 
$1,500,000,000.
    (2) ``Department of Veterans Affairs, Medical support and 
compliance'', $200,000,000.
    (3) ``Department of Veterans Affairs, Medical facilities'', 
$250,000,000.
    Sec. 227.  The Secretary of the Department of Veterans Affairs 
shall notify the Committees on Appropriations of both Houses of 
Congress of all bid savings in major construction projects that total 
at least $5,000,000, or 5 percent of the programmed amount of the 
project, whichever is less: Provided, That such notification shall 
occur within 14 days of a contract identifying the programmed amount: 
Provided further, That the Secretary shall notify the Committees on 
Appropriations of both Houses of Congress 14 days prior to the 
obligation of such bid savings and shall describe the anticipated use 
of such savings.
    Sec. 228.  The scope of work for a project included in 
``Construction, major projects'' may not be increased above the scope 
specified for that project in the original justification data provided 
to the Congress as part of the request for appropriations.
    Sec. 229.  The Secretary of the Department of Veterans Affairs 
shall provide on a quarterly basis to the Committees on Appropriations 
of both Houses of Congress notification of any single national outreach 
and awareness marketing campaign in which obligations exceed 
$2,000,000.
    Sec. 230.  The Secretary shall submit to the Committees on 
Appropriations of both Houses of Congress a reprogramming request if at 
any point during fiscal year 2013, the funding allocated for a medical 
care initiative identified in the fiscal year 2013 expenditure plan is 
adjusted by more than $25,000,000 from the allocation shown in the 
corresponding congressional budget justification. Such a reprogramming 
request may go forward only if the Committees on Appropriations of both 
Houses of Congress approve the request or if a period of 14 days has 
elapsed.
    Sec. 231.  None of the funds made available in this Act may be used 
to enter into a contract using procedures that do not give to small 
business concerns owned and controlled by veterans (as that term is 
defined in section 3(q)(3) of the Small Business Act (15 U.S.C. 
632(q)(3)) that are included in the database under section 8127(f) of 
title 38, United States Code, any preference available with respect to 
such contract, except for a preference given to small business concerns 
owned and controlled by service-disabled veterans (as defined in 
section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).
    Sec. 232.  Funds made available under the heading ``Medical 
services'' in title II of division H of Public Law 112-74 may be used 
to carry out section 1787 of title 38, United States Code.

                               TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, including the acquisition of land or 
interest in land in foreign countries; purchases and repair of uniforms 
for caretakers of national cemeteries and monuments outside of the 
United States and its territories and possessions; rent of office and 
garage space in foreign countries; purchase (one-for-one replacement 
basis only) and hire of passenger motor vehicles; not to exceed $7,500 
for official reception and representation expenses; and insurance of 
official motor vehicles in foreign countries, when required by law of 
such countries, $62,929,000, to remain available until expended.

                 foreign currency fluctuations account

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, such sums as may be necessary, to remain 
available until expended, for purposes authorized by section 2109 of 
title 36, United States Code.

           United States Court of Appeals for Veterans Claims

                         salaries and expenses

    For necessary expenses for the operation of the United States Court 
of Appeals for Veterans Claims as authorized by sections 7251 through 
7298 of title 38, United States Code, $32,481,000: Provided, That 
$2,726,000 shall be available for the purpose of providing financial 
assistance as described, and in accordance with the process and 
reporting procedures set forth, under this heading in Public Law 102-
229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army

                         salaries and expenses

    For necessary expenses for maintenance, operation, and improvement 
of Arlington National Cemetery and Soldiers' and Airmen's Home National 
Cemetery, including the purchase or lease of passenger motor vehicles 
for replacement on a one-for-one basis only, and not to exceed $1,000 
for official reception and representation expenses, $65,800,000, of 
which not to exceed $27,000,000 shall remain available until September 
30, 2015. In addition, such sums as may be necessary for parking 
maintenance, repairs and replacement, to be derived from the ``Lease of 
Department of Defense Real Property for Defense Agencies'' account.

                              construction

    For necessary expenses for planning and design and construction at 
Arlington National Cemetery and Soldiers' and Airmen's Home National 
Cemetery, $103,000,000, to remain available until September 30, 2017, 
of which, $84,000,000 shall be for planning and design and construction 
associated with the Millennium Project at Arlington National Cemetery; 
and $19,000,000 shall be for study, planning, design, and architect and 
engineer services for future expansion of burial space at Arlington 
National Cemetery.

                      Armed Forces Retirement Home

                               trust fund

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington, 
District of Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi, to be paid from funds available in the Armed Forces 
Retirement Home Trust Fund, $67,590,000, of which $2,000,000 shall 
remain available until expended for construction and renovation of the 
physical plants at the Armed Forces Retirement Home--Washington, 
District of Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi.

                        Administrative Provision

    Sec. 301.  Funds appropriated in this Act under the heading, 
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be 
provided to Arlington County, Virginia, for the relocation of the 
federally owned water main at Arlington National Cemetery, making 
additional land available for ground burials.

                                TITLE IV

                    OVERSEAS CONTINGENCY OPERATIONS

                         Department of Defense

              Military Construction, Navy and Marine Corps

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

                        Administrative Provision

                    (including rescission of funds)

    Sec. 401.  Of the unobligated balances in section 2005 in title X, 
of Public Law 112-10 and division H in title IV of Public Law 112-74, 
$150,768,000 are hereby rescinded: Provided, That such amount is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  None of the funds made available in this Act may be used 
for any program, project, or activity, when it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 503.  No part of any funds appropriated in this Act shall be 
used by an agency of the executive branch, other than for normal and 
recognized executive-legislative relationships, for publicity or 
propaganda purposes, and for the preparation, distribution, or use of 
any kit, pamphlet, booklet, publication, radio, television, or film 
presentation designed to support or defeat legislation pending before 
Congress, except in presentation to Congress itself.
    Sec. 504.  All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory authorities and 
funding, to expand their use of ``E-Commerce'' technologies and 
procedures in the conduct of their business practices and public 
service activities.
    Sec. 505.  Unless stated otherwise, all reports and notifications 
required by this Act shall be submitted to the Subcommittee on Military 
Construction and Veterans Affairs, and Related Agencies of the 
Committee on Appropriations of the House of Representatives and the 
Subcommittee on Military Construction and Veterans Affairs, and Related 
Agencies of the Committee on Appropriations of the Senate.
    Sec. 506.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this or any other appropriations Act.
    Sec. 507.  None of the funds made available in this Act may be used 
for a project or program named for an individual serving as a Member, 
Delegate, or Resident Commissioner of the United States House of 
Representatives.
    Sec. 508. (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by the 
Congress in this or any other Act, upon the determination by the head 
of the agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains confidential or proprietary 
        information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee 
or Committees of Congress for no less than 45 days.
    Sec. 509. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 510.  None of the funds made available in this Act may be 
distributed to the Association of Community Organizations for Reform 
Now (ACORN) or its subsidiaries or successors.
    Sec. 511. (a) In General.--None of the funds appropriated or 
otherwise made available to the Department of Defense in this Act may 
be used to construct, renovate, or expand any facility in the United 
States, its territories, or possessions to house any individual 
detained at United States Naval Station, Guantanamo Bay, Cuba, for the 
purposes of detention or imprisonment in the custody or under the 
control of the Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of 
        the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control 
                of the Department of Defense; or
                    (B) otherwise under detention at United States 
                Naval Station, Guantanamo Bay, Cuba.
    Sec. 512.  None of the funds appropriated or otherwise made 
available in this Act may be used by an agency of the executive branch 
to pay for first-class travel by an employee of the agency in 
contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.
    Sec. 513.  None of the funds provided in this Act may be used to 
execute a contract for goods or services, including construction 
services, where the contractor has not complied with Executive Order 
No. 12989.
    Sec. 514.  None of the funds made available by this Act may be used 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, make a grant to, or provide a loan or loan guarantee 
to, any corporation that was convicted of a felony criminal violation 
under any Federal law within the preceding 24 months, where the 
awarding agency is aware of the conviction, unless the agency has 
considered suspension or debarment of the corporation and made a 
determination that this further action is not necessary to protect the 
interests of the Government.
    Sec. 515.  None of the funds made available by this Act may be used 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, make a grant to, or provide a loan or loan guarantee 
to, any corporation that has any unpaid Federal tax liability that has 
been assessed, for which all judicial and administrative remedies have 
been exhausted or have lapsed, and that is not being paid in a timely 
manner pursuant to an agreement with the authority responsible for 
collecting the tax liability, where the awarding agency is aware of the 
unpaid tax liability, unless the agency has considered suspension or 
debarment of the corporation and made a determination that this further 
action is not necessary to protect the interests of the Government.
    Sec. 516.  Such sums as may be necessary for fiscal year 2013 for 
pay raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act.
    Sec. 517.  None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
from a Federal department or agency that are stationed within the 
United States at any single conference occurring outside a state of the 
United States, except for employees of the Department of Veterans 
Affairs stationed in the Philippines, unless the relevant Secretary 
reports to the Committees on Appropriations of both Houses of Congress 
at least 5 days in advance that such attendance is important to the 
national interest.
     This division may be cited as the ``Military Construction and 
Veterans Affairs, and Related Agencies Appropriations Act, 2013''.

       DIVISION C--FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2013

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

                      TITLE I--GENERAL PROVISIONS

    Sec. 1101. (a) Such amounts as may be necessary, at the level 
specified in subsection (c) and under the authority and conditions 
provided in applicable appropriations Acts for fiscal year 2012, for 
projects or activities (including the costs of direct loans and loan 
guarantees) that are not otherwise specifically provided for, and for 
which appropriations, funds, or other authority were made available in 
the following appropriations Acts:
            (1) The Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations Act, 2012 
        (division A of Public Law 112-55), except for the 
        appropriations designated by the Congress as being for disaster 
        relief in section 735 of such Act.
            (2) The Commerce, Justice, Science, and Related Agencies 
        Appropriations Act, 2012 (division B of Public Law 112-55), 
        except for the appropriation designated by the Congress as 
        being for disaster relief in the second paragraph under the 
        heading ``Department of Commerce, Economic Development 
        Administration, Economic Development Assistance Programs'' in 
        such Act.
            (3) The Energy and Water Development and Related Agencies 
        Appropriations Act, 2012 (division B of Public Law 112-74).
            (4) The Financial Services and General Government 
        Appropriations Act, 2012 (division C of Public Law 112-74).
            (5) The Department of Homeland Security Appropriations Act, 
        2012 (division D of Public Law 112-74).
            (6) The Department of the Interior, Environment, and 
        Related Agencies Appropriations Act, 2012 (division E of Public 
        Law 112-74).
            (7) The Departments of Labor, Health and Human Services, 
        and Education, and Related Agencies Appropriations Act, 2012 
        (division F of Public Law 112-74).
            (8) The Legislative Branch Appropriations Act, 2012 
        (division G of Public Law 112-74).
            (9) The Department of State, Foreign Operations, and 
        Related Programs Appropriations Act, 2012 (division I of Public 
        Law 112-74).
            (10) The Transportation, Housing and Urban Development, and 
        Related Agencies Appropriations Act, 2012 (division C of Public 
        Law 112-55), except for the appropriations designated by the 
        Congress as being for disaster relief under the heading 
        ``Department of Transportation, Federal Highway Administration, 
        Emergency Relief'' and in the last proviso of section 239 of 
        such Act.
            (11) The Disaster Relief Appropriations Act, 2012 (Public 
        Law 112-77), except for appropriations under the heading 
        ``Corps of Engineers--Civil''.
    (b) For purposes of this division, the term ``level'' means an 
amount.
    (c) The level referred to in subsection (a) shall be the amounts 
appropriated in the appropriations Acts referred to in such subsection, 
including transfers and obligation limitations, except that such level 
shall be calculated without regard to any rescission or cancellation of 
funds or contract authority, other than--
            (1) the 0.16 percent across-the-board rescission in section 
        436 of division E of Public Law 112-74 (relating to the 
        Department of the Interior, Environment, and Related Agencies); 
        and
            (2) the 0.189 percent across-the-board rescission in 
        section 527 of division F of Public Law 112-74, (relating to 
        the Departments of Labor, Health and Human Services, and 
        Education, and Related Agencies).
    Sec. 1102.  Appropriations made by section 1101 shall be available 
to the extent and in the manner that would be provided by the pertinent 
appropriations Act.
    Sec. 1103.  Appropriations provided by this division that, in the 
applicable appropriations Act for fiscal year 2012, carried a multiple-
year or no-year period of availability shall retain a comparable period 
of availability.
    Sec. 1104.  No appropriation or funds made available or authority 
granted pursuant to section 1101 shall be used to initiate or resume 
any project or activity for which appropriations, funds, or other 
authority were not available during fiscal year 2012.
    Sec. 1105.  Except as otherwise expressly provided in this 
division, the requirements, authorities, conditions, limitations, and 
other provisions of the appropriations Acts referred to in section 1101 
shall continue in effect through the date specified in section 1106.
    Sec. 1106.  Unless otherwise provided for in this division or in 
the applicable appropriations Act, appropriations and funds made 
available and authority granted pursuant to this division shall be 
available through September 30, 2013.
    Sec. 1107.  Expenditures made pursuant to the Continuing 
Appropriations Resolution, 2013 (Public Law 112-175) shall be charged 
to the applicable appropriation, fund, or authorization provided by 
this division.
    Sec. 1108.  Funds appropriated by this division may be obligated 
and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 
2412), section 15 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2680), and section 313 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212).
    Sec. 1109. (a) For entitlements and other mandatory payments whose 
budget authority was provided in appropriations Acts for fiscal year 
2012, and for activities under the Food and Nutrition Act of 2008, the 
levels established by section 1101 shall be the amounts necessary to 
maintain program levels under current law and under the authority and 
conditions provided in the applicable appropriations Acts for fiscal 
year 2012.
    (b) In addition to the amounts otherwise provided by section 1101, 
the following amounts shall be available for the following accounts for 
advance payments for the first quarter of fiscal year 2014:
            (1) ``Department of Labor, Office of Workers' Compensation 
        Programs, Special Benefits for Disabled Coal Miners'', for 
        benefit payments under title IV of the Federal Mine Safety and 
        Health Act of 1977, $40,000,000, to remain available until 
        expended.
            (2) ``Department of Health and Human Services, Centers for 
        Medicare and Medicaid Services, Grants to States for 
        Medicaid'', for payments to States or in the case of section 
        1928 on behalf of States under title XIX of the Social Security 
        Act, $106,335,631,000, to remain available until expended.
            (3) ``Department of Health and Human Services, 
        Administration for Children and Families, Payments to States 
        for Child Support Enforcement and Family Support Programs'', 
        for payments to States or other non-Federal entities under 
        titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act 
        and the Act of July 5, 1960 (24 U.S.C. ch. 9), $1,100,000,000, 
        to remain available until expended.
            (4) ``Department of Health and Human Services, 
        Administration for Children and Families, Payments for Foster 
        Care and Permanency'', for payments to States or other non-
        Federal entities under title IV-E of the Social Security Act, 
        $2,200,000,000.
            (5) ``Social Security Administration, Supplemental Security 
        Income Program'', for benefit payments under title XVI of the 
        Social Security Act, $19,300,000,000, to remain available until 
        expended.
    Sec. 1110. (a) Each amount made available in this division by 
reference to an appropriation that was previously designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 or as being for disaster relief pursuant to 
section 251(b)(2)(D) of such Act is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A) of such Act or as being for disaster relief 
pursuant to section 251(b)(2)(D) of such Act, respectively.
    (b) Of the amount made available by section 1101 for ``Social 
Security Administration, Limitation on Administrative Expenses'', 
$483,484,000 is additional new budget authority specified for purposes 
of subsection 251(b)(2)(B) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.
    Sec. 1111.  With respect to any discretionary account for which 
advance appropriations were provided for fiscal year 2013 or 2014 in an 
appropriations Act for fiscal year 2012, in addition to amounts 
otherwise made available by this division, advance appropriations are 
provided in the same amount for fiscal year 2014 or 2015, respectively, 
with a comparable period of availability.
    Sec. 1112. (a) Section 147 of the Continuing Appropriations Act, 
2011 (Public Law 111-242), as added by section 1(a)(2) of the 
Continuing Appropriations and Surface Transportation Extensions Act, 
2011 (Public Law 111-322; 5 U.S.C. 5303 note), is amended--
            (1) in subsection (b)(1), by striking the matter after 
        ``ending on'' and before ``shall be made'' and inserting 
        ``December 31, 2013,''; and
            (2) in subsection (c), by striking the matter after 
        ``ending on'' and before ``no senior executive'' and inserting 
        ``December 31, 2013,''.
    (b) Section 114 of the Continuing Appropriations Resolution, 2013 
(Public Law 112-175; 5 U.S.C. 5303 note) is repealed.
    Sec. 1113. (a) Not later than 30 days after the date of the 
enactment of this division, each department and agency in subsection 
(c) shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate a spending, expenditure, or operating 
plan for fiscal year 2013--
            (1) at the program, project, or activity level (or, for 
        foreign assistance programs funded in titles III, IV and VIII 
        of the Department of State, Foreign Operations, and Related 
        Programs Appropriations Act, at the country, regional, and 
        central program level, and for any international organization); 
        or
            (2) as applicable, at any greater level of detail required 
        for funds covered by such a plan in an appropriations Act 
        referred to in section 1101, in the joint explanatory statement 
        accompanying such Act, or in committee report language 
        incorporated by reference in such joint explanatory statement.
    (b) If a sequestration is ordered by the President under section 
251A of the Balanced Budget and Emergency Deficit Control Act of 1985, 
the spending, expenditure, or operating plan required by this section 
shall reflect such sequestration.
    (c) The departments and agencies to which this section applies are 
as follows:
            (1) The Department of Agriculture.
            (2) The Department of Commerce.
            (3) The Department of Education.
            (4) The Department of Energy.
            (5) The Department of Health and Human Services.
            (6) The Department of Homeland Security.
            (7) The Department of Housing and Urban Development.
            (8) The Department of the Interior.
            (9) The Department of Justice.
            (10) The Department of Labor.
            (11) The Department of State and United States Agency for 
        International Development.
            (12) The Department of Transportation.
            (13) The Department of the Treasury.
            (14) The National Aeronautics and Space Administration.
            (15) The National Science Foundation.
            (16) The Judiciary.
            (17) With respect to amounts made available under the 
        heading ``Executive Office of the President and Funds 
        Appropriated to the President'', agencies funded under such 
        heading.
            (18) The Federal Communications Commission.
            (19) The General Services Administration.
            (20) The Office of Personnel Management.
            (21) The National Archives and Records Administration.
            (22) The Securities and Exchange Commission.
            (23) The Small Business Administration.
            (24) The Environmental Protection Agency.
            (25) The Indian Health Service.
            (26) The Smithsonian Institution.
            (27) The Social Security Administration.
            (28) The Corporation for National and Community Service.
            (29) The Corporation for Public Broadcasting.
            (30) The Food and Drug Administration.
            (31) The Commodity Futures Trading Commission.
    Sec. 1114.  Not later than May 1, 2013, and each month thereafter 
through November 1, 2013, the Director of the Office of Management and 
Budget shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate a report on all obligations incurred in 
fiscal year 2013, by each department and agency, using funds made 
available by this division. Such report shall--
            (1) set forth obligations by account; and
            (2) compare the obligations incurred in the period covered 
        by the report to the obligations incurred in the same period in 
        fiscal year 2012.

TITLE II--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, 
                          AND RELATED AGENCIES

    Sec. 1201.  Notwithstanding section 1101, the level for ``Domestic 
Food Programs, Food and Nutrition Service, Commodity Assistance 
Program'', shall be $253,952,000, of which $186,935,000 shall be for 
the Commodity Supplemental Food Program.
    Sec. 1202.  Notwithstanding section 1101, the amounts included 
under the heading ``Agricultural Programs, Farm Service Agency, 
Agricultural Credit Insurance Fund Program Account'' in division A of 
Public Law 112-55 shall be applied to funds appropriated by this 
division as follows: by substituting ``$2,000,000,000'' for 
``$1,500,000,000'' the first place it appears; by substituting 
``$1,258,887,000'' for ``$1,050,090,000''; and by substituting 
``$70,120,000'' for ``$59,120,000''.
    Sec. 1203.  Notwithstanding section 1101, the Secretary of 
Agriculture may transfer funds among the loan and loan guarantee 
programs within the Rural Development mission area to maintain the 2012 
program levels, to the extent possible, for such programs and 
activities during fiscal year 2013.
    Sec. 1204.  Notwithstanding section 1101, amounts otherwise 
provided by section 1101 for ``Department of Health and Human Services, 
Food and Drug Administration, Salaries and Expenses'' for medical 
device user fees shall be increased by the amounts by which the 
authorized levels of such fees for fiscal year 2013 exceed the 
authorized levels of such fees for fiscal year 2012: Provided, That 
amounts collected for fees specified in this section for fiscal year 
2013 that exceed applicable fiscal year 2013 limitations for such fees 
are appropriated and shall be credited to such account and remain 
available until expended.
    Sec. 1205.  Notwithstanding section 1101, fees authorized for 
fiscal year 2013 pursuant to section 744B of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 379j-42) shall be credited to ``Department 
of Health and Human Services, Food and Drug Administration, Salaries 
and Expenses'' and remain available until expended.
    Sec. 1206.  Sections 744 and 748 of division A of Public Law 112-55 
shall not apply to funds appropriated by this division.
    Sec. 1207.  Of the funds made available for ``Rural Development 
Programs, Rural Business--Cooperative Service, Rural Economic 
Development Loans Program Account'', of the funds derived from interest 
on the cushion of credit payments, as authorized by section 313 of the 
Rural Electrification Act of 1936 (7 U.S.C. 940c), $180,000,000 shall 
not be obligated and $180,000,000 is rescinded.
    Sec. 1208. (a) Notwithstanding section 1101, the first and second 
provisos of section 726(15) of division A of Public Law 112-55 shall be 
applied to funds appropriated by this division as if ``, in this fiscal 
year,'' appeared before ``section 19(i)(1)(E)'' the first place it 
appears, by substituting ``$39,000,000'' for ``$20,000,000'', and by 
substituting ``$117,000,000'' for ``$133,000,000''.
    (b) Of the unobligated balances available under section 
14222(b)(2)(A)(v) of Public Law 110-246 (7 U.S.C. 612c-6(b)(2)(A)(v)), 
$150,000,000 is rescinded.
    Sec. 1209.  In addition to amounts provided elsewhere in this 
division, $48,256,765 is appropriated for activities under section 403 
of the Agricultural Credit Act of 1978 (Emergency Watershed Protection 
Program; 16 U.S.C. 2203) for necessary expenses resulting from a major 
disaster declared pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That 
the Secretary of Agriculture shall transfer these funds to the Natural 
Resources Conservation Service.
    Sec. 1210.  Section 1109(a) of this division shall not be construed 
to change the requirement that $3,000,000,000, to remain available 
until September 30, 2014, be placed in reserve for ``Domestic Food 
Programs, Food and Nutrition Service, Supplemental Nutrition Assistance 
Program''.
    Sec. 1211.  Notwithstanding section 1101, the level for 
``Agricultural Programs, National Agricultural Statistics Service'' 
shall be $179,477,000, of which up to $62,500,000 shall be available 
until expended for the Census of Agriculture.

      TITLE III--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

    Sec. 1301.  Notwithstanding section 1101, the level for ``National 
Oceanic and Atmospheric Administration, Procurement, Acquisition and 
Construction'' shall be $1,951,036,000, of which $802,000,000 shall be 
for the Geostationary Operational Environmental Satellite-R system.
    Sec. 1302.  Notwithstanding section 1101, the level for each of the 
following accounts shall be $0: ``Department of Justice, General 
Administration, National Drug Intelligence Center''; ``Department of 
Justice, Drug Enforcement Administration, Construction''.
    Sec. 1303.  Notwithstanding section 1101, the level for 
``Department of Justice, General Administration, Justice Information 
Sharing Technology'' shall be $22,000,000.
    Sec. 1304.  Notwithstanding section 1101, the level for 
``Department of Justice, Federal Bureau of Investigation, Salaries and 
Expenses'' shall be $8,165,520,000.
    Sec. 1305.  Notwithstanding section 1101, the level for 
``Department of Justice, Federal Prison System, Salaries and Expenses'' 
shall be $6,689,481,000.
    Sec. 1306.  Notwithstanding section 1101, the level for 
``Department of Justice, Office of Justice Programs, State and Local 
Law Enforcement Assistance'' shall be $1,062,500,000: Provided, That 
the amounts included under such heading in division B of Public Law 
112-55 shall be applied to funds appropriated by this division as 
follows: by substituting ``$370,000,000'' for ``$470,000,000''; and by 
substituting ``$0'' for ``$100,000,000''.
    Sec. 1307.  Of the unobligated balances available for ``Department 
of Justice, Legal Activities, Assets Forfeiture Fund'', $675,000,000 is 
rescinded.
    Sec. 1308.  Of the unobligated balances available for ``Department 
of Justice, Federal Prison System, Buildings and Facilities'', 
$64,700,000 is rescinded, to be derived from amounts for the ``Acquire 
Existing Institution for Higher Security FCI'' project.
    Sec. 1309.  Section 505 of division B of Public Law 112-55 shall be 
applied to funds appropriated by this division by substituting ``45'' 
for ``15''.
    Sec. 1310. (a) None of the income retained in the Department of 
Justice Working Capital Fund pursuant to title I of Public Law 102-140 
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation 
during fiscal year 2013.
    (b) Not to exceed $30,000,000 of the unobligated balances 
transferred to the capital account of the Department of Justice Working 
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784; 
28 U.S.C. 527 note) shall be available for obligation in fiscal year 
2013, and any use, obligation, transfer, or allocation of such funds 
shall be treated as a reprogramming of funds under section 505 of 
division B of Public Law 112-55.
    (c) Not to exceed $10,000,000 of the excess unobligated balances 
available under section 524(c)(8)(E) of title 28, United States Code, 
shall be available for obligation during fiscal year 2013, and any use, 
obligation, transfer, or allocation of such funds shall be treated as a 
reprogramming of funds under section 505 of division B of Public Law 
112-55.
    (d) Of amounts available in the Department of Justice Assets 
Forfeiture Fund in fiscal year 2013, $154,700,000 shall be for payments 
associated with joint law enforcement operations in fiscal year 2013 as 
authorized by section 524(c)(1)(I) of title 28, United States Code.
    (e) The Attorney General shall submit a spending plan to the 
Committees on Appropriations of the House of Representatives and the 
Senate not later than 45 days after the date of enactment of this 
division detailing the planned distribution of the Department of 
Justice Assets Forfeiture Fund joint law enforcement operations funding 
during fiscal year 2013.
    (f) Subsections (a) through (d) of this section shall sunset on 
September 30, 2013.
    Sec. 1311.  Notwithstanding section 1101, the level for ``National 
Aeronautics and Space Administration, Exploration'' shall be 
$4,152,000,000: Provided, That the amounts included under such heading 
in division B of Public Law 112-55 shall be applied to funds 
appropriated by this division as follows: by substituting 
``$2,119,000,000'' for ``$1,860,000,000''; by substituting 
``$525,000,000'' for ``$406,000,000''; by substituting ``$308,000,000'' 
for ``$304,800,000''; by substituting ``$454,000,000'' for 
``$316,500,000''; and by substituting ``$265,000,000'' for 
``$58,000,000''.
    Sec. 1312.  Notwithstanding section 1101, the level for each of the 
following accounts shall be as follows: ``National Aeronautics and 
Space Administration, Space Operations'', $4,000,000,000; and 
``National Aeronautics and Space Administration, Cross Agency 
Support'', $2,847,400,000.

      TITLE IV--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

    Sec. 1401. (a) Notwithstanding section 1101, the level for 
``Department of Energy, Atomic Energy Defense Activities, National 
Nuclear Security Administration, Weapons Activities'' shall be 
$7,577,341,000.
    (b) Section 301(c) of division B of Public Law 112-74 shall not 
apply to amounts made available by this section.
    Sec. 1402.  In addition to amounts otherwise made available by this 
division, $150,000,000 is appropriated for ``Department of Energy, 
Atomic Energy Defense Activities, National Nuclear Security 
Administration, Defense Nuclear Nonproliferation'' for domestic uranium 
enrichment research, development, and demonstration.
    Sec. 1403.  Section 14704 of title 40, United States Code, shall be 
applied to amounts made available by this division by substituting the 
date specified in section 1106 of this division for ``October 1, 
2012''.

           TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT

    Sec. 1501. (a) Notwithstanding any other provision of this 
division, except section 1106, the District of Columbia may expend 
local funds under the heading ``District of Columbia Funds'' for such 
programs and activities under title IV of H.R. 6020 (112th Congress), 
as reported by the Committee on Appropriations of the House of 
Representatives, at the rate set forth under ``District of Columbia 
Funds--Summary of Expenses'' as included in the Fiscal Year 2013 Budget 
Request Act of 2012 (D.C. Act 19-381), as modified as of the date of 
the enactment of this division.
    (b) Section 803(b) of the Financial Services and General Government 
Appropriations Act, 2012 (division C of Public Law 112-74; 125 Stat. 
940) is amended by striking ``November 1, 2012'' and inserting 
``November 1, 2013''.
    Sec. 1502.  Notwithstanding section 1101, the level for ``District 
of Columbia, Federal Funds, Federal Payment for Emergency Planning and 
Security Costs in the District of Columbia'' shall be $24,700,000, of 
which not less than $9,800,000 shall be used for costs associated with 
the Presidential Inauguration.
    Sec. 1503.  Notwithstanding section 1101, the fifth proviso under 
the heading ``Federal Communications Commission, Salaries and 
Expenses'' in division C of Public Law 112-74 shall be applied by 
substituting ``$98,739,000'' for ``$85,000,000''.
    Sec. 1504.  Notwithstanding any other provision of this division, 
amounts made available by section 1101 for ``Department of the 
Treasury, Departmental Offices, Salaries and Expenses'' and 
``Department of the Treasury, Office of Inspector General, Salaries and 
Expenses'' may be used for activities in connection with section 
1602(e) of the Resources and Ecosystems Sustainability, Tourist 
Opportunities, and Revived Economies of the Gulf Coast States Act of 
2012 (subtitle F of title I of division A of Public Law 112-141).
    Sec. 1505.  Notwithstanding section 1101, the level for ``Office of 
Government Ethics, Salaries and Expenses'' shall be $18,664,000, of 
which $5,000,000 shall be for development and deployment of the 
centralized, publicly accessible database required in section 11(b) of 
the STOCK Act (Public Law 112-105).
    Sec. 1506.  Notwithstanding section 1101, the level for ``Small 
Business Administration, Business Loans Program Account'' for the cost 
of guaranteed loans as authorized by section 7(a) of the Small Business 
Act and section 503 of the Small Business Investment Act of 1958 shall 
be $333,600,000.
    Sec. 1507.  Of the unobligated balances available for ``Department 
of the Treasury, Treasury Forfeiture Fund'', $950,000,000 is rescinded.

                      TITLE VI--HOMELAND SECURITY

    Sec. 1601. (a) Amounts made available by this division for 
``Department of Homeland Security, U.S. Customs and Border Protection, 
Salaries and Expenses'' shall be obligated as necessary to maintain the 
staffing levels (including by backfilling vacant positions) of Border 
Patrol agents, Customs and Border Protection officers, and Air and 
Marine interdiction agents in effect at the end of the fourth quarter 
of fiscal year 2012, or, with respect to Border Patrol agents, at such 
greater levels as may otherwise be required in the second proviso under 
such heading in division D of Public Law 112-74.
    (b) Not later than 30 days after the date of the enactment of this 
division, the Commissioner of U.S. Customs and Border Protection shall 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate a detailed expenditure plan for 
``Department of Homeland Security, U.S. Customs and Border Protection, 
Salaries and Expenses'' at the program, project, and activity level 
that specifies how the Commissioner will maintain staffing levels as 
required under subsection (a) throughout fiscal year 2013.
    Sec. 1602. (a) Amounts made available by this division for 
``Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, Salaries and Expenses'' shall be obligated as necessary to 
maintain a level not less than 34,000 detention beds as required in the 
sixth proviso under such heading in division D of Public Law 112-74.
    (b) Not later than 30 days after the date of the enactment of this 
division, the Assistant Secretary of U.S. Immigration and Customs 
Enforcement shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate a detailed expenditure plan for 
``Department of Homeland Security, U.S. Immigration and Customs 
Enforcement, Salaries and Expenses'' at the program, project, and 
activity level that specifies how the Assistant Secretary will maintain 
detention bed levels as required under subsection (a) throughout fiscal 
year 2013.
    Sec. 1603.  Notwithstanding section 1101, the levels for the 
following accounts of the Department of Homeland Security shall be as 
follows:
            (1) ``Office of the Secretary and Executive Management'', 
        $126,074,000.
            (2) ``Analysis and Operations'', $322,280,000.
            (3) ``U.S. Customs and Border Protection, Salaries and 
        Expenses'', $9,024,610,000.
            (4) ``U.S. Customs and Border Protection, Border Security 
        Fencing, Infrastructure, and Technology'', $324,099,000.
            (5) ``U.S. Customs and Border Protection, Air and Marine 
        Interdiction, Operations, Maintenance, and Procurement'', 
        $515,436,000.
            (6) ``Transportation Security Administration, 
        Transportation Security Support'', $954,277,000.
            (7) ``Transportation Security Administration, Federal Air 
        Marshals'', $910,563,000.
            (8) ``United States Secret Service, Salaries and 
        Expenses'', $1,601,454,000.
            (9) ``National Protection and Programs Directorate, United 
        States Visitor and Immigrant Status Indicator Technology'', 
        $279,133,000.
            (10) ``Office of Health Affairs'', $132,499,000 of which 
        $85,390,000 shall be for BioWatch and $26,702,000 is for 
        salaries and expenses.
            (11) ``Federal Emergency Management Agency, Salaries and 
        Expenses'', $837,090,000, of which $35,180,000 shall be for the 
        National Urban Search and Rescue Response System, not to exceed 
        $22,000,000 shall be for capital improvements at the Mount 
        Weather Emergency Operations Center, and not less than 
        $5,000,000 shall be for expenses related to modernization of 
        automated systems.
            (12) ``United States Citizenship and Immigration 
        Services'', $111,924,000 for the E-Verify Program.
    Sec. 1604.  Notwithstanding section 1101, the level for 
``Department of Homeland Security, Transportation Security 
Administration, Aviation Security'' shall be $5,048,008,000: Provided, 
That the amounts included under such heading in division D of Public 
Law 112-74 shall be applied to funds appropriated by this division by 
substituting ``$3,972,020,000'' for ``$4,167,631,000''; by substituting 
``$408,930,000'' for ``$543,103,000''; by substituting ``$115,204,000'' 
for ``$204,768,000''; by substituting ``$1,075,988,000'' for 
``$1,086,325,000''; by substituting ``9 percent'' for ``10 percent''; 
and by substituting ``$2,978,008,000'' for ``$3,223,956,000''.
    Sec. 1605.  Notwithstanding section 1101, the level for 
``Department of Homeland Security, Coast Guard, Acquisition, 
Construction, and Improvements'' shall be $1,468,393,000, of which 
$1,005,800,000 shall be for vessels, small boats, and related 
equipment, including 6 Fast Response Cutters, 1 National Security 
Cutter, 5 Response Boat-Mediums, and initial development of an 
icebreaker; and $190,500,000 shall be for aircraft including 1 
missionized HC-130J aircraft, 1 missionized HC-144 aircraft, and one H-
60 helicopter, $64,000,000 shall be for other acquisition programs, 
$94,411,000 shall be for shore, military housing, and aids to 
navigation, and $113,682,000 shall be for personnel compensation and 
benefits and other costs: Provided, That funds under this heading for 
vessels shall be immediately available and allotted to contract for the 
production of the sixth National Security Cutter notwithstanding the 
availability of funds for post-production costs: Provided further, That 
the Coast Guard may decommission one High Endurance Cutter, retire 3 
HU-24 aircraft, disestablish the Patrol Boat High-Tempo-Maintenance 
Operations, and disestablish the Vintage Vessel National Center of 
Expertise.
    Sec. 1606.  The following amounts are rescinded:
            (1) Of the funds made available for ``Department of 
        Homeland Security, Coast Guard, Acquisition, Construction, and 
        Improvements'' in division D of Public Law 110-329, 
        $25,000,000, to be derived from the amounts made available 
        under such heading for the fourth National Security Cutter.
            (2) Of the funds made available for ``Department of 
        Homeland Security, Coast Guard, Acquisition, Construction, and 
        Improvements'' in Public Law 112-10, $43,500,000, to be derived 
        from the amounts made available under such heading for the 
        fifth National Security Cutter.
    Sec. 1607. (a) Notwithstanding section 1101, the level for 
``Department of Homeland Security, National Protection and Programs 
Directorate, Infrastructure Protection and Information Security'' shall 
be $1,138,528,000: Provided, That of such amount, $328,000,000 shall be 
for Network Security Deployment, and $218,000,000 shall be for Federal 
Network Security to establish and sustain essential cybersecurity 
activities, including procurement and operations of continuous 
monitoring and diagnostics systems and intrusion detection systems for 
civilian Federal computer networks: Provided further, That of the 
aggregate amount made available in the preceding proviso for Network 
Security Deployment and Federal Network Security, $213,000,000 shall 
remain available until September 30, 2014.
    (b) Not later than 15 days after the date of the enactment of this 
division, the Secretary of Homeland Security shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate an updated expenditure plan for essential cybersecurity 
activities described in subsection (a).
    Sec. 1608.  Section 532(a) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295) is amended by striking 
``2012'' and inserting ``2013''.
    Sec. 1609.  Section 550(b) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note) is 
amended by striking ``on October 4, 2012'' and inserting ``on October 
4, 2013''.
    Sec. 1610.  Section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is amended--
            (1) in subsection (a), by striking ``Until September 30, 
        2012,'' and inserting ``Until September 30, 2013,''; and
            (2) in subsection (c)(1), by striking ``September 30, 
        2012,'' and inserting ``September 30, 2013,''.
    Sec. 1611. (a) The third, fourth, and fifth provisos under the 
heading ``Department of Homeland Security, Office of the Secretary and 
Executive Management'' in division D of Public Law 112-74 shall not 
apply to funds appropriated by this division.
    (b) The second, third, and fourth provisos under the heading 
``Department of Homeland Security, National Protection and Programs 
Directorate, Management and Administration'' in division D of Public 
Law 112-74 shall not apply to funds appropriated by this division.

         TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

    Sec. 1701.  The contract authority provided for fiscal year 2013 by 
16 U.S.C. 460l-10a is rescinded.
    Sec. 1702.  Notwithstanding section 1101, the level for 
``Department of the Interior, Department-wide Programs, Wildland Fire 
Management'' shall be $823,473,000:  Provided, That of the amounts made 
available by section 140(b) of Public Law 112-175 (126 Stat. 1321), 
$7,500,000 is rescinded.
    Sec. 1703.  Section 10101(a) of the Omnibus Budget Reconciliation 
Act of 1993 (30 U.S.C. 28f(a)), as amended by section 430 of the 
Department of the Interior, Environment, and Related Agencies 
Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat 
1047), is further amended--
            (1) in paragraph (1) in the first sentence, by striking 
        ``on'' the first place it appears and inserting ``before, 
        on,''; and
            (2) in paragraph (2)--
                    (A) by striking ``located'' the second place it 
                appears;
                    (B) by inserting at the end of the following: 
                ``Such claim maintenance fee shall be in lieu of the 
                assessment work requirement contained in the Mining Law 
                of 1872 (30 U.S.C. 28 to 28e) and the related filing 
                requirements contained in section 314(a) and (c) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1744(a) and (c)).''; and
                    (C) by striking ``(a)'' in the first sentence and 
                inserting ``(a)(1)''.
    Sec. 1704. (a) Of the unobligated balances available under the 
following headings from prior appropriation Acts, the following amounts 
are rescinded:
            (1) ``Hazardous Substance Superfund'', $15,000,000.
            (2) ``State and Tribal Assistance Grants'', $35,000,000, as 
        follows:
                    (A) $10,000,000 from unobligated Brownfields 
                balances.
                    (B) $5,000,000 from unobligated categorical grant 
                balances.
                    (C) $10,000,000 from unobligated Drinking Water 
                State Revolving Funds balances.
                    (D) $10,000,000 from unobligated Clean Water State 
                Revolving Funds balances.
    (b) No amounts may be rescinded under subsection (a) from amounts 
that were designated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985.
    Sec. 1705.  Notwithstanding subsection (d)(2) of section 33 of the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8), 
the Administrator of the Environmental Protection Agency may assess 
pesticide registration service fees under such section for fiscal year 
2013.
    Sec. 1706.  Notwithstanding section 1101, the level for 
``Department of Agriculture, Forest Service, Wildland Fire Management'' 
shall be $2,444,390,000. In addition to such amount, there is 
appropriated $40,000,000 for an additional amount for fiscal year 2013 
for such account, to remain available until expended, for repayment to 
other appropriations accounts from which funds were transferred in 
fiscal year 2012 for wildfire suppression.
    Sec. 1707.  The authority provided by section 331 of the Department 
of the Interior and Related Agencies Appropriations Act, 2000 (enacted 
by reference in section 1000(a)(3) of Public Law 106-113; 16 U.S.C. 497 
note) shall continue in effect through the date specified in section 
1106 of this division.
    Sec. 1708.  Notwithstanding section 1101, the level for ``Presidio 
Trust, Presidio Trust Fund'' and ``Dwight D. Eisenhower Memorial 
Commission, Capital Construction'' shall be $0.
    Sec. 1709.  Notwithstanding section 1101, section 408 of division E 
of Public Law 112-74 (125 Stat. 1038) shall be applied to funds 
appropriated by this division by substituting ``112-10, and 112-74'' 
for ``112-10'' and by substituting ``2012'' for ``2011''.

 TITLE VIII--LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED 
                                AGENCIES

    Sec. 1801.  Of the funds made available to the ``Department of 
Labor, Employment and Training Administration'' from any previous 
appropriations acts that remain unobligated as of the date of enactment 
of this division, up to $40,000,000 may be transferred to ``Employment 
and Training Administration, Office of Job Corps'' for Job Corps 
operations for program years 2012 and 2013 and shall be in addition to 
any other amounts available to the Office of Job Corps for such 
purposes: Provided, That not less than $15,000,000 shall be transferred 
within 30 days of enactment of this division to support Job Corps 
operations for the program year ending June 30, 2013: Provided further, 
That, not later than 15 days after any transfer has been made under the 
authority of this section, the Secretary of Labor shall submit a report 
to the Committees on Appropriations of the House of Representatives and 
the Senate that details the source of the transferred funds and the 
specific programs, projects, or activities for which such funds will be 
used, and provides a detailed explanation of the need for such 
transfer.
    Sec. 1802.  Notwithstanding section 1101, the level for 
``Department of Labor, Veterans Employment and Training'' shall be 
$264,436,000, of which $226,251,000 shall be derived from the 
Employment Security Administration Account in the Unemployment Trust 
Fund: Provided, That the level provided under such heading for Veterans 
Workforce Investment Program grants shall be used for the Transition 
Assistance Program and activities authorized by the VOW to Hire Heroes 
Act of 2011, shall be available through September 30, 2013, and shall 
be in addition to any other funds available for those purposes: 
Provided further, That of the level provided under such heading, not 
less than $14,000,000 shall be for the Transition Assistance Program, 
and $3,414,000 shall be for the National Veterans' Employment and 
Training Services Institute.
    Sec. 1803.  The first proviso under the heading ``Department of 
Health and Human Services, Administration for Children and Families, 
Low Income Home Energy Assistance'' in division F of Public Law 112-74 
shall be applied to amounts made available by this division by 
substituting ``2013'' for ``2012''.
    Sec. 1804.  Notwithstanding section 1101, the level for 
``Department of Health and Human Services, Administration for Children 
and Families, Refugee and Entrant Assistance'' shall be $992,000,000.
    Sec. 1805.  Notwithstanding section 1101, the rescissions made in 
sections 522 and 525 of division F of Public Law 112-74 shall be 
repeated in this division with respect to funds available for fiscal 
year 2013.
    Sec. 1806.  Of the amount provided by section 1101 for ``Department 
of Education, Safe Schools and Citizenship Education'' for subpart 2 of 
part A of title IV of the Elementary and Secondary Education Act of 
1965, $3,000,000, to remain available until expended, shall be for the 
Project School Emergency Response to Violence program to provide 
education-related services to local educational agencies and 
institutions of higher education in which the learning environment has 
been disrupted due to a violent or traumatic crisis.

                      TITLE IX--LEGISLATIVE BRANCH

    Sec. 1901. (a) Of the amounts made available by section 1101 for 
accounts under the heading ``Architect of the Capitol'', the Architect 
of the Capitol may transfer an aggregate amount of not more than 
$61,247,000 to ``Architect of the Capitol, Capitol Building'', solely 
for expenses related to the rehabilitation of the United States Capitol 
Dome.
    (b) The transfer of amounts under the authority of subsection (a) 
shall be subject to the approval of the Committees on Appropriations of 
the House of Representatives and Senate.
    (c) Any amounts transferred under the authority of subsection (a) 
shall remain available until expended.

 TITLE X--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

    Sec. 2001. (a) Notwithstanding section 1101, the level for the 
following accounts shall be as follows: ``Overseas Contingency 
Operations/Global War on Terrorism, Department of State, Administration 
of Foreign Affairs, Diplomatic and Consular Programs'', $4,169,640,000, 
of which $952,695,000 is for Worldwide Security Protection (to be 
available until expended); and ``Overseas Contingency Operations/Global 
War on Terrorism, Department of State, Administration of Foreign 
Affairs, Embassy Security, Construction, and Maintenance'', 
$1,362,124,000: Provided, That funds made available under this 
subsection shall be used for operations at high threat posts, security 
programs to protect personnel and property under Chief of Mission 
authority, preventing the compromise of classified United States 
Government information and equipment, and security construction or 
upgrade requirements at Department of State facilities worldwide, 
including for Worldwide Security Upgrades.
    (b) Of the unobligated balances from funds appropriated in title 
VIII of division I of Public Law 112-74 under the heading ``Overseas 
Contingency Operations/Global War on Terrorism, Department of State, 
Administration of Foreign Affairs, Diplomatic and Consular Programs'' 
and designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, 
$1,109,700,000 is rescinded.
    (c) The Secretary of State shall submit a report to the Committees 
on Appropriations of the House of Representatives and the Senate 
providing an assessment of security requirements at United States 
diplomatic facilities abroad, a comprehensive plan for addressing such 
requirements, and a detailed description of embassy security 
improvements to be supported from funds made available under this 
section. Such report shall be submitted in unclassified form, but may 
include a classified annex if appropriate.
    Sec. 2002.  The amounts included in the first paragraph under the 
heading ``International Security Assistance, Funds Appropriated to the 
President, Foreign Military Financing Program'' in title IV of division 
I of Public Law 112-74 shall be applied to funds appropriated by this 
division by substituting in the second proviso ``$3,100,000,000'' for 
``$3,075,000,000'' and by substituting in the fourth proviso 
``$815,300,000'' for ``$808,725,000''.
    Sec. 2003. (a) Notwithstanding section 1101, the level for each of 
the following accounts shall be $0: ``Multilateral Assistance, 
International Financial Institutions, Contribution to the Enterprise 
for the Americas Multilateral Investment Fund'' and ``Multilateral 
Assistance, International Financial Institutions, European Bank for 
Reconstruction and Development, Limitation on Callable Capital 
Subscriptions''.
    (b) Notwithstanding section 1101, the level for the second 
paragraph for each of the following accounts shall be $0: 
``Multilateral Assistance, International Financial Institutions, 
Contribution to the International Development Association'', 
``Multilateral Assistance, International Financial Institutions, 
Contribution to the Inter-American Development Bank'', and 
``Multilateral Assistance, International Financial Institutions, 
Contribution to the African Development Fund''.
    Sec. 2004.  The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
     (a) in section 599D (8 U.S.C. 1157 note)--
            (1) in subsection (b)(3), by striking ``and 2012'' and 
        inserting ``2012, and 2013''; and
            (2) in subsection (e), by striking ``2012'' each place it 
        appears and inserting ``2013''; and
    (b) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by 
striking ``2012'' and inserting ``2013''.
    Sec. 2005.  Of the unexpended balances available under the heading 
``Export and Investment Assistance, Export-Import Bank of the United 
States, Subsidy Appropriation'' from prior Acts making appropriations 
for the Department of State, foreign operations, and related programs, 
$216,213,000 is rescinded.

 TITLE XI--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                                AGENCIES

    Sec. 2101. (a) Section 120 of division C of Public Law 112-55 shall 
not apply to amounts made available by this division.
    (b) During the period covered by this division, section 1102 of 
Public Law 112-141 shall be applied--
            (1) in subsection (a)(1), by substituting 
        ``$39,143,582,670'' for ``$39,699,000,000'';
            (2) in subsection (b)(10), as if the limitation applicable 
        through fiscal year 2011 applied through fiscal year 2012; and
            (3) in subsection (c)(5), by treating the reference to 
        section 204 of title 23, United States Code, as a reference to 
        sections 202 and 204 of such title.
    Sec. 2102.  Notwithstanding section 1101, the level for 
``Department of Transportation, National Highway Traffic Safety 
Administration, Highway Traffic Safety Grants'' shall be $501,828,000: 
Provided, That the matter under such heading in division C of Public 
Law 112-55 shall be applied to amounts made available by this division 
as follows:
            (1) by substituting ``$501,828,000'' for ``$550,328,000'' 
        the second place it appears;
            (2) by substituting ``23 U.S.C. 402 and 405 (`National 
        Priority Safety Programs'), section 31101(a)(6) of Public Law 
        112-141, and section 2009 of Public Law 109-59 (as amended by 
        Public Law 112-141)'' for ``23 U.S.C. 402, 405, 406, 408, and 
        410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 
        Law 109-59'' each place it appears;
            (3) by substituting ``fiscal year 2013'' for ``fiscal year 
        2012'';
            (4) by substituting ```Occupant Protection Grants' under 23 
        U.S.C. 405(b)'' for ```Occupant Protection Incentive Grants' 
        under 23 U.S.C. 405'';
            (5) by substituting ``$0'' for ``$48,500,000'';
            (6) by substituting ```State Traffic Safety Information 
        System Improvements' under 23 U.S.C. 405(c)'' for ```State 
        Traffic Safety Information System Improvements' under 23 U.S.C. 
        408'';
            (7) by substituting ```Impaired Driving Countermeasures' 
        under 23 U.S.C. 405(d)'' for ```Alcohol-Impaired Driving 
        Countermeasures Incentive Grant Program' under 23 U.S.C. 410'';
            (8) by substituting ```Administrative Expenses' under 
        section 31101(a)(6) of Public Law 112-141'' for 
        ```Administrative Expenses' under section 2001(a)(11) of Public 
        Law 109-59'';
            (9) by substituting ```Motorcyclist Safety' under 23 U.S.C. 
        405(f)'' for ```Motorcyclist Safety' under section 2010 of 
        Public Law 109-59'';
            (10) by substituting ```Occupant Protection Grants' under 
        23 U.S.C. 405(b)'' for ```Child Safety and Child Booster Seat 
        Safety Incentive Grants' under section 2011 of Public Law 109-
        59'';
            (11) by substituting ``section 405(a)(1)(C) of title 23, 
        United States Code'' for ``section 410 `Alcohol-Impaired 
        Driving Countermeasures Grants''';
            (12) by substituting ``$0'' for ``$750,000''; and
            (13) by substituting ``$0'' for ``$25,000,000''.
    Sec. 2103.  The matter under the heading ``Department of 
Transportation, Federal Transit Administration, Formula and Bus 
Grants'' in division C of Public Law 112-55 shall be applied to amounts 
made available by this division by substituting ``49 U.S.C. 5305, 5307, 
5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and 5340'' for ``49 U.S.C. 
5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 
5340 and section 3038 of Public Law 105-178, as amended'' each place it 
appears.
    Sec. 2104.  Section 601(e)(1)(B) of division B of Public Law 110-
432 shall be applied by substituting the date specified in section 1106 
of this division for ``4 years after such date''.
    Sec. 2105.  Section 112 of division C of Public Law 112-55 shall be 
applied to funds appropriated by this division by treating such section 
as if it were amended by striking ``49 U.S.C. 41742(b) shall not apply, 
and''.
    Sec. 2106.  The first proviso under the heading ``Department of 
Housing and Urban Development, Community Planning and Development, 
Homeless Assistance Grants'' in division C of Public Law 112-55 (125 
Stat. 685) shall be applied to amounts appropriated by this division by 
substituting ``not more than'' for ``not less than''.
    Sec. 2107.  Notwithstanding section 1101, the level for 
``Department of Housing and Urban Development, Public and Indian 
Housing, Indian Housing Loan Guarantee Fund Program Account'' shall be 
$7,360,000: Provided, That the second proviso under such heading in 
division C of Public Law 112-55 shall be applied to funds appropriated 
by this division by substituting ``$976,000,000'' for ``$360,000,000''.
     This division may be cited as the ``Full-Year Continuing 
Appropriations Act, 2013''.

                DIVISION D--ACROSS-THE-BOARD REDUCTIONS

    Sec. 3001. (a) There is hereby rescinded the applicable percentage 
(as specified in subsection (b)) of--
            (1) the budget authority provided (or obligation limit 
        imposed) for fiscal year 2013 for any discretionary account in 
        divisions A through C of this Act;
            (2) the budget authority provided in any advance 
        appropriation for fiscal year 2013 for any discretionary 
        account in any prior fiscal year appropriation Act; and
            (3) the contract authority provided in fiscal year 2013 for 
        any program subject to limitation incorporated or otherwise 
        contained in divisions A through C of this Act.
    (b)(1) For purposes of subsection (a), the applicable percentage 
shall be--
            (A) for budget authority in the nonsecurity category (as 
        defined in section 250(c)(4)(A) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985), 0.098 percent; and
            (B) for budget authority in the security category (as 
        defined in section 250(c)(4)(B) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985), 0.109 percent.
    (2) If, for fiscal year 2013, the amount of new budget authority 
provided in appropriation Acts exceeds the discretionary spending 
limits set forth in section 251(c)(2) of the Balanced Budget and 
Emergency Deficit Control Act on new budget authority for any category 
due to estimating differences with the Congressional Budget Office, the 
Director of the Office of Management and Budget shall increase the 
applicable percentage in paragraph (1) with respect to that category by 
such amount as is necessary to eliminate the amount of the excess in 
that category.
    (c) Any rescission made by subsection (a) shall be applied 
proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in such subsection; and
            (2) within each such account and item, to each program, 
        project, and activity (with programs, projects, and activities 
        as delineated in the applicable appropriation Act or 
        accompanying reports covering such account or item).
    (d) This section shall not apply to--
            (1) amounts designated by the Congress for Overseas 
        Contingency Operations/Global War on Terrorism pursuant to 
        section 251(b)(2)(A) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985 or as being for disaster relief 
        pursuant to section 251(b)(2)(D) of such Act; or
            (2) the amount made available by division C of this Act for 
        ``Social Security Administration, Limitation on Administrative 
        Expenses'' for continuing disability reviews under titles II 
        and XVI of the Social Security Act and for the cost associated 
        with conducting redeterminations of eligibility under title XVI 
        of the Social Security Act.
    (e) Within 30 days after the date of the enactment of this section, 
the Director of the Office of Management and Budget shall submit to the 
Committees on Appropriations of the House of Representatives and the 
Senate a report specifying the account and amount of each rescission 
made pursuant to this section.
    Sec. 3002.  Notwithstanding any other provision of this Act, if, on 
or after the date of enactment of this Act, a sequestration order 
issued by the President pursuant to section 251A(7)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 is in effect, the 
reductions in each discretionary account under such order shall apply 
to the amounts provided in this Act consistent with section 253(f) of 
that Act, and shall be in addition to any reductions required by 
section 251(a) of that Act.

            Passed the House of Representatives March 6, 2013.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
                                                        Calendar No. 21

113th CONGRESS

  1st Session

                               H. R. 933

_______________________________________________________________________

                                 AN ACT

Making appropriations for the Department of Defense, the Department of 
  Veterans Affairs, and other departments and agencies for the fiscal 
        year ending September 30, 2013, and for other purposes.

_______________________________________________________________________

                             March 7, 2013

        Received; read twice and ordered placed on the calendar
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