IE 

113TH CONGRESS 

1ST SESSION H. R. 933 

Making appropriations for the Department of Defense, the Department of 

Veterans Affairs, and other departments and agencies for the fiscal 

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

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2013 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

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

3 SECTION 1. SHORT TITLE. 

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

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

7 SEC. 2. TABLE OF CONTENTS. 

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


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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 

1 SEC. 3. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

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

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

5 division. 

6 SEC. 4. EXPLANATORY STATEMENT. 

7 The explanatory statement regarding this Act printed 

8 in the House of Representatives section of the Congres9 sional Record on or about March 7, 2013 by the Chairman 

10 of the Committee on Appropriations of the House shall 

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

12 and implementation of this Act as if it were a joint explan13 atory statement of a committee of conference. 

14 SEC. 5. AVAILABILITY OF FUNDS. 

15 Each amount designated in this Act by the Congress 

16 for Overseas Contingency Operations/Global War on Ter17 rorism pursuant to section 251(b)(2)(A) of the Balanced 

18 Budget and Emergency Deficit Control Act of 1985 shall 

19 be available (or rescinded, if applicable) only if the Presi20 dent subsequently so designates all such amounts and 

21 transmits such designations to the Congress. 


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1 DIVISION A—DEPARTMENT OF DEFENSE 

2 APPROPRIATIONS ACT, 2013 

3 The following sums are hereby appropriated, out of 

4 any money in the Treasury not otherwise appropriated, 

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

6 functions administered by the Department of Defense and 

7 for other purposes, namely: 

8 TITLE I 

9 MILITARY PERSONNEL 

10 MILITARY PERSONNEL, ARMY

11 For pay, allowances, individual clothing, subsistence, 

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

15 between permanent duty stations, for members of the 

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

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

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

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

22 $40,199,263,000. 

23 MILITARY PERSONNEL, NAVY

24 For pay, allowances, individual clothing, subsistence, 

25 interest on deposits, gratuities, permanent change of staVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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

3 between permanent duty stations, for members of the 

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

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

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

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

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

10 MILITARY PERSONNEL, MARINE CORPS

11 For pay, allowances, individual clothing, subsistence, 

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

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

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

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

21 MILITARY PERSONNEL, AIR FORCE

22 For pay, allowances, individual clothing, subsistence, 

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


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1 between permanent duty stations, for members of the Air 

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

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

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

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

8 $28,052,826,000. 

9 RESERVE PERSONNEL, ARMY

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

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

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

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

15 States Code, in connection with performing duty specified 

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

17 while undergoing reserve training, or while performing 

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

20 and for payments to the Department of Defense Military 

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

22 RESERVE PERSONNEL, NAVY

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

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


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

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

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

6 duty, and expenses authorized by section 16131 of title 

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

9 $1,874,023,000. 

10 RESERVE PERSONNEL, MARINE CORPS

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

12 travel, and related expenses for personnel of the Marine 

13 Corps Reserve on active duty under section 10211 of title 

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

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

16 in connection with performing duty specified in section 

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

20 leaders class, and expenses authorized by section 16131 

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

22 Department of Defense Military Retirement Fund, 

23 $658,251,000. 


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1 RESERVE PERSONNEL, AIR FORCE

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

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

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

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

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

7 States Code, in connection with performing duty specified 

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

9 while undergoing reserve training, or while performing 

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

12 and for payments to the Department of Defense Military 

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

14 NATIONAL GUARD PERSONNEL, ARMY

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

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

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

19 States Code, or while serving on duty under section 

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

21 States Code, in connection with performing duty specified 

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

23 while undergoing training, or while performing drills or 

24 equivalent duty or other duty, and expenses authorized by 

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1 ments to the Department of Defense Military Retirement 

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

3 NATIONAL GUARD PERSONNEL, AIR FORCE

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

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

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

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

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

10 in connection with performing duty specified in section 

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

13 duty or other duty, and expenses authorized by section 

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

15 to the Department of Defense Military Retirement Fund, 

16 $3,153,990,000. 

17 TITLE II 

18 OPERATION AND MAINTENANCE 

19 OPERATION AND MAINTENANCE, ARMY

20 For expenses, not otherwise provided for, necessary 

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

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

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


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1 of necessity for confidential military purposes, 

2 $35,409,260,000. 

3 OPERATION AND MAINTENANCE, NAVY

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance of the Navy and the 

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

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

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

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Marine Corps, 

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

16 OPERATION AND MAINTENANCE, AIR FORCE

17 For expenses, not otherwise provided for, necessary 

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

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

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

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

24 $34,780,406,000. 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary 

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

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

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

8 for the Combatant Commander Initiative Fund authorized 

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

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

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

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

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

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

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

25 or the service headquarters of one of the Armed Forces 


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

3 expended, is available only for expenses relating to certain 

4 classified activities, and may be transferred as necessary 

5 by the Secretary of Defense to operation and maintenance 

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

8 for the same time period as the appropriations to which 

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

11 with operation and maintenance funds shall not apply to 

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

15 elsewhere in this Act. 

16 OPERATION AND MAINTENANCE, ARMY RESERVE

17 For expenses, not otherwise provided for, necessary 

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

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


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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary 

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

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

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 RESERVE

11 For expenses, not otherwise provided for, necessary 

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

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

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

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For expenses, not otherwise provided for, necessary 

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

22 repair of facilities and equipment; hire of passenger motor 

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


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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

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

5 hospital treatment and related expenses in non-Federal 

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

10 Army personnel on active duty, for Army National Guard 

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

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

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

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

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

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

21 hospital treatment and related expenses in non-Federal 

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

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


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1 modification, maintenance, and issue of supplies and 

2 equipment, including those furnished from stocks under 

3 the control of agencies of the Department of Defense; 

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

5 authorized by law for Air National Guard personnel on 

6 active Federal duty, for Air National Guard commanders 

7 while inspecting units in compliance with National Guard 

8 Bureau regulations when specifically authorized by the 

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

10 UNITED STATES COURT OF APPEALS FOR THE ARMED

11 FORCES

12 For salaries and expenses necessary for the United 

13 States Court of Appeals for the Armed Forces, 

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

15 for official representation purposes. 

16 ENVIRONMENTAL RESTORATION, ARMY

17 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

24 for similar purposes, transfer the funds made available by 

25 this appropriation to other appropriations made available 


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

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

3 time period as the appropriations to which transferred: 

4 Provided further, That upon a determination that all or 

5 part of the funds transferred from this appropriation are 

6 not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation: 

8 Provided further, That the transfer authority provided 

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

11 ENVIRONMENTAL RESTORATION, NAVY

12 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

19 for similar purposes, transfer the funds made available by 

20 this appropriation to other appropriations made available 

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

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

23 time period as the appropriations to which transferred: 

24 Provided further, That upon a determination that all or 

25 part of the funds transferred from this appropriation are 


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1 not necessary for the purposes provided herein, such 

2 amounts may be transferred back to this appropriation: 

3 Provided further, That the transfer authority provided 

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

6 ENVIRONMENTAL RESTORATION, AIR FORCE

7 (INCLUDING TRANSFER OF FUNDS)

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

9 to remain available until transferred: Provided, That the 

10 Secretary of the Air Force shall, upon determining that 

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

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

15 available by this appropriation to other appropriations 

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

17 merged with and to be available for the same purposes 

18 and for the same time period as the appropriations to 

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

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

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

25 other transfer authority provided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

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

6 are required for environmental restoration, reduction and 

7 recycling of hazardous waste, removal of unsafe buildings 

8 and debris of the Department of Defense or for similar 

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

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

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

17 may be transferred back to this appropriation: Provided 

18 further, That the transfer authority provided under this 

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

21 ENVIRONMENTAL RESTORATION, FORMERLY USED

22 DEFENSE SITES

23 (INCLUDING TRANSFER OF FUNDS)

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

25 remain available until transferred: Provided, That the SecVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 retary of the Army shall, upon determining that such 

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

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

6 appropriation to other appropriations made available to 

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

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

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

11 of the funds transferred from this appropriation are not 

12 necessary for the purposes provided herein, such amounts 

13 may be transferred back to this appropriation: Provided 

14 further, That the transfer authority provided under this 

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

17 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

18 For expenses relating to the Overseas Humanitarian, 

19 Disaster, and Civic Aid programs of the Department of 

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

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

23 until September 30, 2014. 


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1 COOPERATIVE THREAT REDUCTION ACCOUNT

2 For assistance to the republics of the former Soviet 

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

5 outside of the former Soviet Union, including assistance 

6 provided by contract or by grants, for facilitating the 

7 elimination and the safe and secure transportation and 

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

10 weapons components, and weapon-related technology and 

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

13 and protection of weapons, weapons components and 

14 weapons technology and expertise, and for defense and 

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

16 September 30, 2015. 

17 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

18 DEVELOPMENT FUND

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

21 TITLE III 

22 PROCUREMENT 

23 AIRCRAFT PROCUREMENT, ARMY

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


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1 ordnance, ground handling equipment, spare parts, and 

2 accessories therefor; specialized equipment and training 

3 devices; expansion of public and private plants, including 

4 the land necessary therefor, for the foregoing purposes, 

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

6 and construction prosecuted thereon prior to approval of 

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

9 reserve plant and Government and contractor-owned 

10 equipment layaway; and other expenses necessary for the 

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

12 for obligation until September 30, 2015. 

13 MISSILE PROCUREMENT, ARMY

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

16 ordnance, ground handling equipment, spare parts, and 

17 accessories therefor; specialized equipment and training 

18 devices; expansion of public and private plants, including 

19 the land necessary therefor, for the foregoing purposes, 

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

21 and construction prosecuted thereon prior to approval of 

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

24 reserve plant and Government and contractor-owned 

25 equipment layaway; and other expenses necessary for the 


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

2 for obligation until September 30, 2015. 

3 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

4 VEHICLES, ARMY

5 For construction, procurement, production, and 

6 modification of weapons and tracked combat vehicles, 

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

9 expansion of public and private plants, including the land 

10 necessary therefor, for the foregoing purposes, and such 

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

13 procurement and installation of equipment, appliances, 

14 and machine tools in public and private plants; reserve 

15 plant and Government and contractor-owned equipment 

16 layaway; and other expenses necessary for the foregoing 

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

19 PROCUREMENT OF AMMUNITION, ARMY

20 For construction, procurement, production, and 

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

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

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

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

8 available for obligation until September 30, 2015. 

9 OTHER PROCUREMENT, ARMY

10 For construction, procurement, production, and 

11 modification of vehicles, including tactical, support, and 

12 non-tracked combat vehicles; the purchase of passenger 

13 motor vehicles for replacement only; communications and 

14 electronic equipment; other support equipment; spare 

15 parts, ordnance, and accessories therefor; specialized 

16 equipment and training devices; expansion of public and 

17 private plants, including the land necessary therefor, for 

18 the foregoing purposes, and such lands and interests 

19 therein, may be acquired, and construction prosecuted 

20 thereon prior to approval of title; and procurement and 

21 installation of equipment, appliances, and machine tools 

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

24 expenses necessary for the foregoing purposes, 


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

2 September 30, 2015. 

3 AIRCRAFT PROCUREMENT, NAVY

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

6 ordnance, spare parts, and accessories therefor; specialized 

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

10 thereon prior to approval of title; and procurement and 

11 installation of equipment, appliances, and machine tools 

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

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

15 September 30, 2015. 

16 WEAPONS PROCUREMENT, NAVY

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

20 and accessories therefor; expansion of public and private 

21 plants, including the land necessary therefor, and such 

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

24 procurement and installation of equipment, appliances, 

25 and machine tools in public and private plants; reserve 


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1 plant and Government and contractor-owned equipment 

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

4 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

5 CORPS

6 For construction, procurement, production, and 

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

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

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

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

20 SHIPBUILDING AND CONVERSION, NAVY

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

25 and private plants; reserve plant and Government and conVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 tractor-owned equipment layaway; procurement of critical, 

2 long lead time components and designs for vessels to be 

3 constructed or converted in the future; and expansion of 

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

6 and construction prosecuted thereon prior to approval of 

7 title, as follows: 

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

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

10 Virginia Class Submarine (AP), 

11 $1,652,557,000; 

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

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

14 DDG–1000 Program, $669,222,000; 

15 DDG–51 Destroyer, $4,036,628,000; 

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

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

18 LPD–17 (AP), $263,255,000; 

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

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

21 LCAC Service Life Extension Program, 

22 $85,830,000; and 

23 For outfitting, post delivery, conversions, and 

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


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

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

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

7 other such budgeted work that must be performed in the 

8 final stage of ship construction: Provided further, That 

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

13 components of such vessel: Provided further, That none 

14 of the funds provided under this heading shall be used 

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

17 OTHER PROCUREMENT, NAVY

18 For procurement, production, and modernization of 

19 support equipment and materials not otherwise provided 

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

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

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

25 be acquired, and construction prosecuted thereon prior to 


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1 approval of title; and procurement and installation of 

2 equipment, appliances, and machine tools in public and 

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

6 PROCUREMENT, MARINE CORPS

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

9 equipment, spare parts, and accessories therefor; plant 

10 equipment, appliances, and machine tools, and installation 

11 thereof in public and private plants; reserve plant and 

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

15 of public and private plants, including land necessary 

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

20 AIRCRAFT PROCUREMENT, AIR FORCE

21 For construction, procurement, and modification of 

22 aircraft and equipment, including armor and armament, 

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

25 equipment; expansion of public and private plants, GovVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 ernment-owned equipment and installation thereof in such 

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

3 the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

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

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

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

10 September 30, 2015. 

11 MISSILE PROCUREMENT, AIR FORCE

12 For construction, procurement, and modification of 

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

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

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

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

20 construction prosecuted thereon prior to approval of title; 

21 reserve plant and Government and contractor-owned 

22 equipment layaway; and other expenses necessary for the 

23 foregoing purposes including rents and transportation of 

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

25 until September 30, 2015. 


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1 PROCUREMENT OF AMMUNITION, AIR FORCE

2 For construction, procurement, production, and 

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

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

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

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

16 OTHER PROCUREMENT, AIR FORCE

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

19 and ground electronic and communication equipment), 

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

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


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1 the foregoing purposes, and such lands and interests 

2 therein, may be acquired, and construction prosecuted 

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

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

6 September 30, 2015. 

7 PROCUREMENT, DEFENSE-WIDE

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

10 necessary for procurement, production, and modification 

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

13 motor vehicles for replacement only; expansion of public 

14 and private plants, equipment, and installation thereof in 

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

16 for the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

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

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

21 September 30, 2015. 

22 DEFENSE PRODUCTION ACT PURCHASES

23 For activities by the Department of Defense pursuant 

24 to sections 108, 301, 302, and 303 of the Defense ProducVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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

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

3 TITLE IV 

4 RESEARCH, DEVELOPMENT, TEST AND 

5 EVALUATION 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 ARMY

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

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 NAVY

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

20 That funds appropriated in this paragraph which are 

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

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


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

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

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 DEFENSE-WIDE

10 (INCLUDING TRANSFER OF FUNDS)

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

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

15 as may be designated and determined by the Secretary 

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

17 lease, and operation of facilities and equipment, 

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

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

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

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

23 management and oversight, to conduct research, develop24 ment, test and evaluation to include proof of concept dem25 onstration; engineering, testing, and validation; and tranVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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

2 Secretary of Defense may transfer funds provided herein 

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

6 That this transfer authority is in addition to any other 

7 transfer authority available to the Department of Defense: 

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

9 fewer than 30 days prior to making transfers from this 

10 appropriation, notify the congressional defense committees 

11 in writing of the details of any such transfer. 

12 OPERATIONAL TEST AND EVALUATION, DEFENSE

13 For expenses, not otherwise provided for, necessary 

14 for the independent activities of the Director, Operational 

15 Test and Evaluation, in the direction and supervision of 

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

18 and in support of, production decisions; joint operational 

19 testing and evaluation; and administrative expenses in 

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

21 for obligation until September 30, 2014. 


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1 TITLE V 

2 REVOLVING AND MANAGEMENT FUNDS 

3 DEFENSE WORKING CAPITAL FUNDS

4 For the Defense Working Capital Funds, 

5 $1,516,184,000. 

6 NATIONAL DEFENSE SEALIFT FUND

7 For National Defense Sealift Fund programs, 

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

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

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

11 and for the necessary expenses to maintain and preserve 

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

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

18 manufactured in the United States: auxiliary equipment, 

19 including pumps, for all shipboard services; propulsion 

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

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

23 in a contract awarded through the obligation of previously 

24 appropriated funds shall not be considered to be the award 

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


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

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

5 and the Senate that adequate domestic supplies are not 

6 available to meet Department of Defense requirements on 

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

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

10 TITLE VI 

11 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

12 DEFENSE HEALTH PROGRAM

13 For expenses, not otherwise provided for, for medical 

14 and health care programs of the Department of Defense 

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

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

17 of which not to exceed one percent shall remain available 

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

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

20 into under the TRICARE program; of which 

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

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

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

25 test and evaluation: Provided, That, notwithstanding any 


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

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

4 prevention educational activities undertaken in connection 

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

8 to develop a joint Department of Defense—Department 

9 of Veterans Affairs (DOD–VA) integrated Electronic 

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

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

15 for development of the integrated Electronic Health 

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

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

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

23 guidelines, and systems acquisition management practices 

24 of the Federal Government. 


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1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

2 DEFENSE

3 For expenses, not otherwise provided for, necessary 

4 for the destruction of the United States stockpile of lethal 

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

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

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

12 Chemical Stockpile Emergency Preparedness Program, 

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

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

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

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

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

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


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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of 

5 the Department of Defense, for transfer to appropriations 

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

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

12 shall be available for obligation for the same time period 

13 and for the same purpose as the appropriation to which 

14 transferred: Provided further, That upon a determination 

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

21 OFFICE OF THE INSPECTOR GENERAL

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

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

2 emergencies and extraordinary expenses to be expended on 

3 the approval or authority of the Inspector General, and 

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

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

7 30, 2015, shall be for procurement. 

8 TITLE VII 

9 RELATED AGENCIES 

10 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

11 DISABILITY SYSTEM FUND

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

14 proper funding level for continuing the operation of the 

15 Central Intelligence Agency Retirement and Disability 

16 System, $514,000,000. 

17 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

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

20 TITLE VIII 

21 GENERAL PROVISIONS 

22 SEC. 8001. No part of any appropriation contained 

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


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

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

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

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

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

8 of the percentage increase authorized by law for civilian 

9 employees of the Department of Defense whose pay is 

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

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

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

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

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

19 not apply to foreign national employees of the Department 

20 of Defense in the Republic of Turkey. 

21 SEC. 8003. No part of any appropriation contained 

22 in this Act shall remain available for obligation beyond 

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

24 SEC. 8004. No more than 20 percent of the appro25 priations in this Act which are limited for obligation durVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 ing the current fiscal year shall be obligated during the 

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

4 duty training of reserve components or summer camp 

5 training of the Reserve Officers’ Training Corps. 

6 (TRANSFER OF FUNDS)

7 SEC. 8005. Upon determination by the Secretary of 

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

11 of working capital funds of the Department of Defense 

12 or funds made available in this Act to the Department 

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

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

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

17 the appropriation or fund to which transferred: Provided, 

18 That such authority to transfer may not be used unless 

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

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

23 That the Secretary of Defense shall notify the Congress 

24 promptly of all transfers made pursuant to this authority 

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


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

5 than those for which originally appropriated and in no 

6 case where the item for which reprogramming is requested 

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

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

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

11 personnel appropriations shall not be taken into account 

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

13 may be transferred under this section. 

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

16 and adjustments to budget activities corresponding to 

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

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

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

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

21 obligation and expenditure of amounts appropriated or 

22 otherwise made available in this Act for those programs, 

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

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


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

2 in the text of this Act. 

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

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

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

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

13 transfer authorities for fiscal year 2013: Provided, That 

14 the report shall include— 

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

18 due to enacted rescissions, if appropriate, and the 

19 fiscal year enacted level; 

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

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

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


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

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

3 reprogramming or transfer until the report identified in 

4 subsection (a) is submitted to the congressional defense 

5 committees, unless the Secretary of Defense certifies in 

6 writing to the congressional defense committees that such 

7 reprogramming or transfer is necessary as an emergency 

8 requirement. 

9 (TRANSFER OF FUNDS)

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

13 United States Code, may be maintained in only such 

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

17 That transfers may be made between working capital 

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

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

22 the Office of Management and Budget, except that such 

23 transfers may not be made unless the Secretary of Defense 

24 has notified the Congress of the proposed transfer. Except 

25 in amounts equal to the amounts appropriated to working 


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

2 against a working capital fund to procure or increase the 

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

5 such obligation. 

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

7 be used to initiate a special access program without prior 

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

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

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

12 employs economic order quantity procurement in excess of 

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

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

16 leading to a multiyear contract that employs economic 

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

18 any one year, unless the congressional defense committees 

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

23 quantity advance procurement is not funded at least to 

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

25 That no part of any appropriation contained in this Act 


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

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

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

9 present value analysis to determine lowest cost compared 

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

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

12 contract executed after the date of the enactment of this 

13 Act unless in the case of any such contract— 

14 (1) the Secretary of Defense has submitted to 

15 Congress a budget request for full funding of units 

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

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

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

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

24 (2) cancellation provisions in the contract do 

25 not include consideration of recurring manufacturing 


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

4 (3) the contract provides that payments to the 

5 contractor under the contract shall not be made in 

6 advance of incurred costs on funded units; and 

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

9 contract. 

10 Funds appropriated in title III of this Act may be 

11 used for a multiyear procurement contract as follows: 

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

13 DDG–51 Arleigh Burke class Flight IIA guided missile 

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

15 41 Vertical Launching Systems, and Commercial 

16 Broadband Satellite Systems associated with those vessels; 

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

19 Osprey aircraft variants. 

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

22 hereby appropriated pursuant to section 401 of title 10, 

23 United States Code, for humanitarian and civic assistance 

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

25 Such funds may also be obligated for humanitarian and 


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1 civic assistance costs incidental to authorized operations 

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

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

7 providing humanitarian and similar assistance by using 

8 Civic Action Teams in the Trust Territories of the Pacific 

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

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

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

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

17 facilities, on a nonreimbursable basis, for civilian patients 

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

20 States of Micronesia, Palau, and Guam. 

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

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

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


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

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

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

5 and other documentation supporting the fiscal year 2014 

6 Department of Defense budget request shall be prepared 

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

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

9 year 2014. 

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

11 to military (civilian) technicians. 

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

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

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

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

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

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

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

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


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

2 active components of the Army. 

3 (TRANSFER OF FUNDS)

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

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

8 a Mentor-Prot ́eg ́e Program developmental assistance 

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

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

12 authority of this provision or any other transfer authority 

13 contained in this Act. 

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

15 available for the purchase by the Department of Defense 

16 (and its departments and agencies) of welded shipboard 

17 anchor and mooring chain 4 inches in diameter and under 

18 unless the anchor and mooring chain are manufactured 

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

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

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

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

25 section substantially all of the components of anchor and 


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

3 components produced or manufactured in the United 

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

7 not available to meet Department of Defense requirements 

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

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

11 on Appropriations that such an acquisition must be made 

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

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

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

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

20 from commercial sale under Federal law, unless the small 

21 arms ammunition or ammunition components are certified 

22 by the Secretary of the Army or designee as unserviceable 

23 or unsafe for further use. 

24 SEC. 8018. No more than $500,000 of the funds ap25 propriated or made available in this Act shall be used durVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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

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

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

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

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

12 That a prime contractor or a subcontractor at any tier 

13 that makes a subcontract award to any subcontractor or 

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

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

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

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

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

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

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

24 to any fiscal year: Provided further, That notwithstanding 

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


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

3 subcontract at any tier for acquisition of commercial items 

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

5 subcontractor or supplier defined in section 1544 of title 

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

7 controlled by an individual or individuals defined under 

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

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

10 Defense Media Activity shall not be used for any national 

11 or international political or psychological activities. 

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

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

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

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

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

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

23 Civil Air Patrol Corporation, of which— 

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


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1 Air Patrol Corporation operation and maintenance, 

2 readiness, counterdrug activities, and drug demand 

3 reduction activities involving youth programs; 

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

5 Procurement, Air Force’’; and 

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

7 Procurement, Air Force’’ for vehicle procurement. 

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

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

11 local government agencies. 

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

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

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

19 other nonprofit entities. 

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

21 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

23 and no paid consultant to any defense FFRDC, except 

24 when acting in a technical advisory capacity, may be com25 pensated for his or her services as a member of such entiVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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

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

3 referred to previously in this subsection shall be allowed 

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

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

8 of the funds available to the department from any source 

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

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

12 projects funded by Government grants, for absorption of 

13 contract overruns, or for certain charitable contributions, 

14 not to include employee participation in community service 

15 and/or development. 

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

17 the funds available to the department during fiscal year 

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

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

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

22 be funded for the defense studies and analysis FFRDCs: 

23 Provided further, That this subsection shall not apply to 

24 staff years funded in the National Intelligence Program 

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


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

3 submit a report presenting the specific amounts of staff 

4 years of technical effort to be allocated for each defense 

5 FFRDC during that fiscal year and the associated budget 

6 estimates. 

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

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

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

11 Defense which were not melted and rolled in the United 

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

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

15 or American Iron and Steel Institute (AISI) specifications 

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

17 That the Secretary of the military department responsible 

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

20 on Appropriations of the House of Representatives and the 

21 Senate that adequate domestic supplies are not available 

22 to meet Department of Defense requirements on a timely 

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

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


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

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

4 ‘‘congressional defense committees’’ means the Armed 

5 Services Committee of the House of Representatives, the 

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

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

9 Committee on Appropriations of the House of Representa10 tives. 

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

13 maintenance and repair of aircraft, vehicles and vessels 

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

23 76 shall not apply to competitions conducted under this 

24 section. 


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

2 consultation with the United States Trade Representative, 

3 determines that a foreign country which is party to an 

4 agreement described in paragraph (2) has violated the 

5 terms of the agreement by discriminating against certain 

6 types of products produced in the United States that are 

7 covered by the agreement, the Secretary of Defense shall 

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

10 in that foreign country. 

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

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

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

16 in that country. 

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

19 purchases from foreign entities in fiscal year 2013. Such 

20 report shall separately indicate the dollar value of items 

21 for which the Buy American Act was waived pursuant to 

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

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

24 international agreement to which the United States is a 

25 party. 


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

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

3 States Code. 

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

5 contained in the Department of Defense Overseas Military 

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

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

9 be available until expended for the payments specified by 

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

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

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

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

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

16 Washington relocatable military housing units located at 

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

18 Mountain Home Air Force Base, Ellsworth Air Force 

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

20 needs of the Air Force. 

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

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

24 that are submitted to the Secretary by the Operation 

25 Walking Shield Program on behalf of Indian tribes located 


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

3 such conveyance shall be subject to the condition that the 

4 housing units shall be removed within a reasonable period 

5 of time, as determined by the Secretary. 

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

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

10 (b). 

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

12 any recognized Indian tribe included on the current list 

13 published by the Secretary of the Interior under section 

14 104 of the Federally Recognized Indian Tribe Act of 1994 

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

16 1). 

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

19 for operation and maintenance may be used to purchase 

20 items having an investment item unit cost of not more 

21 than $250,000. 

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

23 of the appropriations or funds available to the Department 

24 of Defense Working Capital Funds shall be used for the 

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

3 customers of the Department of Defense Working Capital 

4 Funds if such an item would not have been chargeable 

5 to the Department of Defense Business Operations Fund 

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

7 investment item would be chargeable during the current 

8 fiscal year to appropriations made to the Department of 

9 Defense for procurement. 

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

12 and other documentation supporting the fiscal year 2014 

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

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

17 budgeted for in a proposed fiscal year 2014 procurement 

18 appropriation and not in the supply management business 

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

20 Defense Working Capital Funds. 

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

22 Act for programs of the Central Intelligence Agency shall 

23 remain available for obligation beyond the current fiscal 

24 year, except for funds appropriated for the Reserve for 

25 Contingencies, which shall remain available until SepVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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

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

4 during this or any prior or subsequent fiscal year shall 

5 remain available until expended: Provided further, That 

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

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

12 SEC. 8033. Notwithstanding any other provision of 

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

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

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

22 be made available only for the mitigation of environmental 

23 impacts, including training and technical assistance to 

24 tribes, related administrative support, the gathering of in25 formation, documenting of environmental damage, and deVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 veloping a system for prioritization of mitigation and cost 

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

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

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

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

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

9 83 of title 41, United States Code. 

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

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

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

14 in America, the Secretary shall determine, in accordance 

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

17 the Department of Defense. 

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

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

22 only American-made equipment and products, provided 

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

25 fashion. 


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

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

3 or consulting services entered into without competition on 

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

5 activity responsible for the procurement determines— 

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

7 only one source is found fully qualified to perform 

8 the proposed work; 

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

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

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

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

19 not apply to contracts in an amount of less than 

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

24 Senate, determines that the award of such contract 

25 is in the interest of the national defense. 


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

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

3 be used— 

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

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

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

9 of duty remains at the location of that headquarters. 

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

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

13 and certifies to the Committees on Appropriations of the 

14 House of Representatives and Senate that the granting 

15 of the waiver will reduce the personnel requirements or 

16 the financial requirements of the department. 

17 (c) This section does not apply to— 

18 (1) field operating agencies funded within the 

19 National Intelligence Program; 

20 (2) an Army field operating agency established 

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

23 Secretary of the Army, other similar threats; or 

24 (3) an Army field operating agency established 

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1 metric activities and to integrate common biometric 

2 technologies throughout the Department of Defense. 

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

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

5 22A advanced tactical fighter to any foreign government: 

6 Provided, That the Department of Defense may conduct 

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

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

10 technologies and U.S. warfighting capabilities. 

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

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

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

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

18 statement described in section 4 (in the matter preceding 

19 division A of this consolidated Act). 

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

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

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


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

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

4 by such activity or function; 

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

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

10 to the Department of Defense by an amount that 

11 equals or exceeds the lesser of— 

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

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

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

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

19 Department of Defense by— 

20 (A) not making an employer-sponsored 

21 health insurance plan available to the workers 

22 who are to be employed in the performance of 

23 that activity or function under the contract; or 

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


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

3 that is paid by the Department of Defense for 

4 health benefits for civilian employees under 

5 chapter 89 of title 5, United States Code. 

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

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

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

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

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

13 Defense that— 

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

17 Code); 

18 (B) is planned to be converted to performance 

19 by a qualified nonprofit agency for the blind or by 

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

22 (C) is planned to be converted to performance 

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

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

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

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

5 or contracts for depot maintenance as provided in sections 

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

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

8 Department of Defense under the authority provided by 

9 this section shall be credited toward any competitive or 

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

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

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

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

16 (RESCISSIONS)

17 SEC. 8041. Of the funds appropriated in Department 

18 of Defense Appropriations Acts, the following funds are 

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

21 ‘‘Shipbuilding and Conversion, Navy, 2007/ 

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

23 ‘‘Shipbuilding and Conversion, Navy, 2007/ 

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

25 $2,500,000; 


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1 ‘‘Shipbuilding and Conversion, Navy, 2007/ 

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

3 ‘‘Procurement of Ammunition, Army, 2011/ 

4 2013’’, $14,862,000; 

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

6 $108,098,000; 

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

8 $43,860,000; 

9 ‘‘Shipbuilding and Conversion, Navy, 2011/ 

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

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

12 $22,000,000; 

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

14 $93,400,000; 

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

16 $9,500,000; 

17 ‘‘Operation and Maintenance, Defense-Wide, 

18 2012/XXXX’’, $21,000,000; 

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

20 $47,400,000; 

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

22 $179,608,000; 

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

24 $19,040,000; 


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1 ‘‘Shipbuilding and Conversion, Navy, 2012/ 

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

3 ‘‘Shipbuilding and Conversion, Navy, 2012/ 

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

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

6 $36,467,000; 

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

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

10 $132,555,000; 

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

12 $394,299,000; 

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

14 $52,898,000; 

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

16 $55,800,000; 

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

18 $16,000,000; 

19 ‘‘Research, Development, Test and Evaluation, 

20 Army, 2012/2013’’, $41,000,000; 

21 ‘‘Research, Development, Test and Evaluation, 

22 Navy, 2012/2013’’, $246,800,000; 

23 ‘‘Research, Development, Test and Evaluation, 

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


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

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

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

5 Reserve for the purpose of applying any administratively 

6 imposed civilian personnel ceiling, freeze, or reduction on 

7 military technicians (dual status), unless such reductions 

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

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

13 of Korea unless specifically appropriated for that purpose. 

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

17 for reimbursement of pay, allowances and other expenses 

18 which would otherwise be incurred against appropriations 

19 for the National Guard and Reserve when members of the 

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

22 Agencies and Joint Intelligence Activities, including the 

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

25 Provided, That nothing in this section authorizes deviation 


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1 from established Reserve and National Guard personnel 

2 and training procedures. 

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

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

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

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

10 is declining in some catchment areas and civilian strength 

11 reductions may be consistent with responsible resource 

12 stewardship and capitation-based budgeting. 

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

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

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

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

20 and counter-drug activities may be transferred to any 

21 other department or agency of the United States except 

22 as specifically provided in an appropriations law. 

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

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

25 bearings other than those produced by a domestic source 


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

2 the military department responsible for such procurement 

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

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

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

10 That this restriction shall not apply to the purchase of 

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

12 Office of Federal Procurement Policy Act, except that the 

13 restriction shall apply to ball or roller bearings purchased 

14 as end items. 

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

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

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

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

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

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

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1 sponsibilities or budgetary resources of any program, 

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

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

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

7 provisions of Acts providing supplemental appropriations 

8 for the Department of Defense. 

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

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

11 Defense for the current fiscal year may be obligated or 

12 expended to transfer to another nation or an international 

13 organization any defense articles or services (other than 

14 intelligence services) for use in the activities described in 

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

17 Representatives, and the Committee on Foreign Relations 

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

19 transfer. 

20 (b) This section applies to— 

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

23 VI or chapter VII of the United Nations Charter 

24 under the authority of a United Nations Security 

25 Council resolution; and 


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

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

4 following: 

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

6 services to be transferred. 

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

8 supplies, or services to be transferred. 

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

11 (A) a statement of whether the inventory 

12 requirements of all elements of the Armed 

13 Forces (including the reserve components) for 

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

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

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

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

22 expended to pay a contractor under a contract with the 

23 Department of Defense for costs of any amount paid by 

24 the contractor to an employee when— 


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

2 excess of the normal salary paid by the contractor 

3 to the employee; and 

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

6 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

12 be available for the same time period as the appropriations 

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

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

17 Code. 

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

19 of an appropriation account of the Department of Defense 

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

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

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


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1 to any current appropriation account for the same purpose 

2 as the expired or closed account if— 

3 (1) the obligation would have been properly 

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

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

7 (2) the obligation is not otherwise properly 

8 chargeable to any current appropriation account of 

9 the Department of Defense; and 

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

12 of the Department of Defense under the provisions 

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

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

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

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

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

25 of the total appropriation for that account. 


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

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

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

6 Bureau shall establish the amount of reimbursement for 

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

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

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

11 associated with the use of equipment of the project under 

12 that subsection. Such funds shall be available for such 

13 purposes without fiscal year limitation. 

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

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

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

17 States Code, may implement cost-effective agreements for 

18 required heating facility modernization in the 

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

21 Kaiserslautern and at the Rhine Ordnance Barracks area, 

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

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


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1 and Ramstein Air Base, furnished heat may be obtained 

2 from private, regional or municipal services, if provisions 

3 are included for the consideration of United States coal 

4 as an energy source. 

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

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

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

10 prototyping, and test activities preceding and leading to 

11 acceptance for operational use: Provided further, That this 

12 restriction does not apply to programs funded within the 

13 National Intelligence Program: Provided further, That the 

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

16 on Appropriations of the House of Representatives and the 

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

18 so. 

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

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

21 each limitation on the procurement of defense items from 

22 foreign sources provided in law if the Secretary determines 

23 that the application of the limitation with respect to that 

24 country would invalidate cooperative programs entered 

25 into between the Department of Defense and the foreign 


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1 country, or would invalidate reciprocal trade agreements 

2 for the procurement of defense items entered into under 

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

4 country does not discriminate against the same or similar 

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

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

8 (1) contracts and subcontracts entered into on 

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

10 (2) options for the procurement of items that 

11 are exercised after such date under contracts that 

12 are entered into before such date if the option prices 

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

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

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

19 Schedule and products classified under headings 4010, 

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

21 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

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

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


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1 country if the Secretary of Defense has received credible 

2 information from the Department of State that the unit 

3 has committed a gross violation of human rights, unless 

4 all necessary corrective steps have been taken. 

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

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

7 to conduct any training program referred to in subsection 

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

9 available to the Department of State relating to human 

10 rights violations by foreign security forces. 

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

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

14 by extraordinary circumstances. 

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

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

17 submit a report to the congressional defense committees 

18 describing the extraordinary circumstances, the purpose 

19 and duration of the training program, the United States 

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

22 violations that necessitates the waiver. 

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


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1 for the purpose of performing repairs or maintenance to 

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

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

6 SEC. 8060. Notwithstanding any other provision of 

7 law, funds appropriated in this Act under the heading 

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

10 demonstration project or joint capability demonstration 

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

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

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

17 basis by certifying to the congressional defense committees 

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

19 SEC. 8061. The Secretary of Defense shall provide 

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

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

24 Act. 


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

2 the funds available to the Department of Defense may be 

3 used to provide support to another department or agency 

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

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

7 to such department or agency on a reimbursable basis: 

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

10 department or agency on a nonreimbursable basis, and is 

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

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

14 in writing to the Committees on Appropriations of the 

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

16 national security interest to do so. 

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

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

19 the National Guard serving on full-time National Guard 

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

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

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

24 may be used to transfer to any nongovernmental entity 

25 ammunition held by the Department of Defense that has 


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

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

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

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

7 to demonstrate to the satisfaction of the Department of 

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

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

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

14 the Department of State. 

15 SEC. 8065. Notwithstanding any other provision of 

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

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

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

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

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

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

25 a case-by-case basis. 


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

2 Act shall be used for the support of any nonappropriated 

3 funds activity of the Department of Defense that procures 

4 malt beverages and wine with nonappropriated funds for 

5 resale (including such alcoholic beverages sold by the 

6 drink) on a military installation located in the United 

7 States unless such malt beverages and wine are procured 

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

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

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

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

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

17 State: Provided further, That alcoholic beverages other 

18 than wine and malt beverages, in contiguous States and 

19 the District of Columbia shall be procured from the most 

20 competitive source, price and other factors considered. 

21 (INCLUDING TRANSFER OF FUNDS)

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

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

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


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1 the Secretary of Defense is authorized to transfer such 

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

4 to enter into and carry out contracts for the acquisition 

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

7 section: Provided further, That contracts entered into 

8 under the authority of this section may provide for such 

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

11 section shall comply with applicable Federal, State, and 

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

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

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

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

19 by the Department of Defense in fiscal year 2013. 

20 (INCLUDING TRANSFER OF FUNDS)

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

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

24 the Department of State ‘‘Global Security Contingency 

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

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

4 transfers to the Department of State ‘‘Global Security 

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

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

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

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

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

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

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

17 and furnishing of additional Fisher Houses to meet the 

18 needs of military family members when confronted with 

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

21 (INCLUDING TRANSFER OF FUNDS)

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

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

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


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

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

4 defense system to counter short-range rocket threats, 

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

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

10 to meet Israel’s defense requirements consistent with each 

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

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

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

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

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

18 missile components may be transferred to appropriations 

19 available for the procurement of weapons and equipment, 

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

21 period and the same purposes as the appropriation to 

22 which transferred: Provided further, That the transfer au23 thority provided under this provision is in addition to any 

24 other transfer authority contained in this Act. 


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1 SEC. 8072. (a) None of the funds available to the 

2 Department of Defense may be obligated to modify com3 mand and control relationships to give Fleet Forces Com4 mand operational and administrative control of U.S. Navy 

5 forces assigned to the Pacific fleet. 

6 (b) None of the funds available to the Department 

7 of Defense may be obligated to modify command and con8 trol relationships to give United States Transportation 

9 Command operational and administrative control of C– 

10 130 and KC–135 forces assigned to the Pacific and Euro11 pean Air Force Commands. 

12 (c) The command and control relationships in sub13 sections (a) and (b) which existed on March 13, 2011, 

14 shall remain in force unless changes are specifically au15 thorized in a subsequent Act. 

16 (d) This subsection does not apply to administrative 

17 control of Navy Air and Missile Defense Command. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8073. Of the amounts appropriated in this Act 

20 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

21 $372,573,000 shall be available until September 30, 2013, 

22 to fund prior year shipbuilding cost increases: Provided, 

23 That upon enactment of this Act, the Secretary of the 

24 Navy shall transfer funds to the following appropriations 

25 in the amounts specified: Provided further, That the 


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1 amounts transferred shall be merged with and be available 

2 for the same purposes as the appropriations to which 

3 transferred to: 

4 (1) Under the heading ‘‘Shipbuilding and Con5 version, Navy, 2007/2013’’: LHA Replacement Pro6 gram $156,685,000; 

7 (2) Under the heading ‘‘Shipbuilding and Con8 version, Navy, 2008/2013’’: LPD–17 Amphibious 

9 Transport Dock Program $80,888,000; and 

10 (3) Under the heading ‘‘Shipbuilding and Con11 version, Navy, 2009/2013’’: CVN Refueling Over12 hauls Program $135,000,000. 

13 SEC. 8074. Funds appropriated by this Act, or made 

14 available by the transfer of funds in this Act, for intel15 ligence activities are deemed to be specifically authorized 

16 by the Congress for purposes of section 504 of the Na17 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

18 year 2013 until the enactment of the Intelligence Author19 ization Act for Fiscal Year 2013. 

20 SEC. 8075. None of the funds provided in this Act 

21 shall be available for obligation or expenditure through a 

22 reprogramming of funds that creates or initiates a new 

23 program, project, or activity unless such program, project, 

24 or activity must be undertaken immediately in the interest 


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1 of national security and only after written prior notifica2 tion to the congressional defense committees. 

3 SEC. 8076. The budget of the President for fiscal 

4 year 2014 submitted to the Congress pursuant to section 

5 1105 of title 31, United States Code, shall include sepa6 rate budget justification documents for costs of United 

7 States Armed Forces’ participation in contingency oper8 ations for the Military Personnel accounts, the Operation 

9 and Maintenance accounts, and the Procurement ac10 counts: Provided, That these documents shall include a de11 scription of the funding requested for each contingency op12 eration, for each military service, to include all Active and 

13 Reserve components, and for each appropriations account: 

14 Provided further, That these documents shall include esti15 mated costs for each element of expense or object class, 

16 a reconciliation of increases and decreases for each contin17 gency operation, and programmatic data including, but 

18 not limited to, troop strength for each Active and Reserve 

19 component, and estimates of the major weapons systems 

20 deployed in support of each contingency: Provided further, 

21 That these documents shall include budget exhibits OP– 

22 5 and OP–32 (as defined in the Department of Defense 

23 Financial Management Regulation) for all contingency op24 erations for the budget year and the two preceding fiscal 

25 years. 


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1 SEC. 8077. None of the funds in this Act may be 

2 used for research, development, test, evaluation, procure3 ment or deployment of nuclear armed interceptors of a 

4 missile defense system. 

5 SEC. 8078. In addition to the amounts appropriated 

6 or otherwise made available elsewhere in this Act, 

7 $44,000,000 is hereby appropriated to the Department of 

8 Defense: Provided, That upon the determination of the 

9 Secretary of Defense that it shall serve the national inter10 est, he shall make grants in the amounts specified as fol11 lows: $20,000,000 to the United Service Organizations 

12 and $24,000,000 to the Red Cross. 

13 SEC. 8079. None of the funds appropriated or made 

14 available in this Act shall be used to reduce or disestablish 

15 the operation of the 53rd Weather Reconnaissance Squad16 ron of the Air Force Reserve, if such action would reduce 

17 the WC–130 Weather Reconnaissance mission below the 

18 levels funded in this Act: Provided, That the Air Force 

19 shall allow the 53rd Weather Reconnaissance Squadron to 

20 perform other missions in support of national defense re21 quirements during the non-hurricane season. 

22 SEC. 8080. None of the funds provided in this Act 

23 shall be available for integration of foreign intelligence in24 formation unless the information has been lawfully col25 lected and processed during the conduct of authorized forVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 eign intelligence activities: Provided, That information 

2 pertaining to United States persons shall only be handled 

3 in accordance with protections provided in the Fourth 

4 Amendment of the United States Constitution as imple5 mented through Executive Order No. 12333. 

6 SEC. 8081. (a) At the time members of reserve com7 ponents of the Armed Forces are called or ordered to ac8 tive duty under section 12302(a) of title 10, United States 

9 Code, each member shall be notified in writing of the ex10 pected period during which the member will be mobilized. 

11 (b) The Secretary of Defense may waive the require12 ments of subsection (a) in any case in which the Secretary 

13 determines that it is necessary to do so to respond to a 

14 national security emergency or to meet dire operational 

15 requirements of the Armed Forces. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8082. The Secretary of Defense may transfer 

18 funds from any available Department of the Navy appro19 priation to any available Navy ship construction appro20 priation for the purpose of liquidating necessary changes 

21 resulting from inflation, market fluctuations, or rate ad22 justments for any ship construction program appropriated 

23 in law: Provided, That the Secretary may transfer not to 

24 exceed $100,000,000 under the authority provided by this 

25 section: Provided further, That the Secretary may not 


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1 transfer any funds until 30 days after the proposed trans2 fer has been reported to the Committees on Appropria3 tions of the House of Representatives and the Senate, un4 less a response from the Committees is received sooner: 

5 Provided further, That any funds transferred pursuant to 

6 this section shall retain the same period of availability as 

7 when originally appropriated: Provided further, That the 

8 transfer authority provided by this section is in addition 

9 to any other transfer authority contained elsewhere in this 

10 Act. 

11 SEC. 8083. For purposes of section 7108 of title 41, 

12 United States Code, any subdivision of appropriations 

13 made under the heading ‘‘Shipbuilding and Conversion, 

14 Navy’’ that is not closed at the time reimbursement is 

15 made shall be available to reimburse the Judgment Fund 

16 and shall be considered for the same purposes as any sub17 division under the heading ‘‘Shipbuilding and Conversion, 

18 Navy’’ appropriations in the current fiscal year or any 

19 prior fiscal year. 

20 SEC. 8084. (a) None of the funds appropriated by 

21 this Act may be used to transfer research and develop22 ment, acquisition, or other program authority relating to 

23 current tactical unmanned aerial vehicles (TUAVs) from 

24 the Army. 


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1 (b) The Army shall retain responsibility for and oper2 ational control of the MQ–1C Gray Eagle Unmanned Aer3 ial Vehicle (UAV) in order to support the Secretary of De4 fense in matters relating to the employment of unmanned 

5 aerial vehicles. 

6 SEC. 8085. Up to $15,000,000 of the funds appro7 priated under the heading ‘‘Operation and Maintenance, 

8 Navy’’ may be made available for the Asia Pacific Re9 gional Initiative Program for the purpose of enabling the 

10 Pacific Command to execute Theater Security Cooperation 

11 activities such as humanitarian assistance, and payment 

12 of incremental and personnel costs of training and exer13 cising with foreign security forces: Provided, That funds 

14 made available for this purpose may be used, notwith15 standing any other funding authorities for humanitarian 

16 assistance, security assistance or combined exercise ex17 penses: Provided further, That funds may not be obligated 

18 to provide assistance to any foreign country that is other19 wise prohibited from receiving such type of assistance 

20 under any other provision of law. 

21 SEC. 8086. None of the funds appropriated by this 

22 Act for programs of the Office of the Director of National 

23 Intelligence shall remain available for obligation beyond 

24 the current fiscal year, except for funds appropriated for 


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1 research and technology, which shall remain available until 

2 September 30, 2014. 

3 SEC. 8087. For purposes of section 1553(b) of title 

4 31, United States Code, any subdivision of appropriations 

5 made in this Act under the heading ‘‘Shipbuilding and 

6 Conversion, Navy’’ shall be considered to be for the same 

7 purpose as any subdivision under the heading ‘‘Ship8 building and Conversion, Navy’’ appropriations in any 

9 prior fiscal year, and the 1 percent limitation shall apply 

10 to the total amount of the appropriation. 

11 SEC. 8088. The Director of National Intelligence 

12 shall include the budget exhibits identified in paragraphs 

13 (1) and (2) as described in the Department of Defense 

14 Financial Management Regulation with the congressional 

15 budget justification books: 

16 (1) For procurement programs requesting more 

17 than $10,000,000 in any fiscal year, the P–1, Pro18 curement Program; P–5, Cost Analysis; P–5a, Pro19 curement History and Planning; P–21, Production 

20 Schedule; and P–40, Budget Item Justification. 

21 (2) For research, development, test and evalua22 tion projects requesting more than $5,000,000 in 

23 any fiscal year, the R–1, Research, Development, 

24 Test and Evaluation Program; R–2, Research, De25 velopment, Test and Evaluation Budget Item JusVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 tification; R–3, Research, Development, Test and 

2 Evaluation Project Cost Analysis; and R–4, Re3 search, Development, Test and Evaluation Program 

4 Schedule Profile. 

5 SEC. 8089. (a) Not later than 60 days after the date 

6 of enactment of this Act, the Director of National Intel7 ligence shall submit a report to the congressional intel8 ligence committees to establish the baseline for application 

9 of reprogramming and transfer authorities for fiscal year 

10 2013: Provided, That the report shall include— 

11 (1) a table for each appropriation with a sepa12 rate column to display the President’s budget re13 quest, adjustments made by Congress, adjustments 

14 due to enacted rescissions, if appropriate, and the 

15 fiscal year enacted level; 

16 (2) a delineation in the table for each appro17 priation by Expenditure Center and project; and 

18 (3) an identification of items of special congres19 sional interest. 

20 (b) None of the funds provided for the National Intel21 ligence Program in this Act shall be available for re22 programming or transfer until the report identified in sub23 section (a) is submitted to the congressional intelligence 

24 committees, unless the Director of National Intelligence 

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1 mittees that such reprogramming or transfer is necessary 

2 as an emergency requirement. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8090. Of the funds appropriated in the Intel5 ligence Community Management Account for the Program 

6 Manager for the Information Sharing Environment, 

7 $20,000,000 is available for transfer by the Director of 

8 National Intelligence to other departments and agencies 

9 for purposes of Government-wide information sharing ac10 tivities: Provided, That funds transferred under this provi11 sion are to be merged with and available for the same pur12 poses and time period as the appropriation to which trans13 ferred: Provided further, That the Office of Management 

14 and Budget must approve any transfers made under this 

15 provision. 

16 SEC. 8091. (a) None of the funds provided for the 

17 National Intelligence Program in this or any prior appro18 priations Act shall be available for obligation or expendi19 ture through a reprogramming or transfer of funds in ac20 cordance with section 102A(d) of the National Security 

21 Act of 1947 (50 U.S.C. 403–1(d)) that— 

22 (1) creates a new start effort; 

23 (2) terminates a program with appropriated 

24 funding of $10,000,000 or more; 


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1 (3) transfers funding into or out of the Na2 tional Intelligence Program; or 

3 (4) transfers funding between appropriations, 

4 unless the congressional intelligence committees are noti5 fied 30 days in advance of such reprogramming of funds; 

6 this notification period may be reduced for urgent national 

7 security requirements. 

8 (b) None of the funds provided for the National Intel9 ligence Program in this or any prior appropriations Act 

10 shall be available for obligation or expenditure through a 

11 reprogramming or transfer of funds in accordance with 

12 section 102A(d) of the National Security Act of 1947 (50 

13 U.S.C. 403–1(d)) that results in a cumulative increase or 

14 decrease of the levels specified in the classified annex ac15 companying the Act unless the congressional intelligence 

16 committees are notified 30 days in advance of such re17 programming of funds; this notification period may be re18 duced for urgent national security requirements. 

19 SEC. 8092. The Director of National Intelligence 

20 shall submit to Congress each year, at or about the time 

21 that the President’s budget is submitted to Congress that 

22 year under section 1105(a) of title 31, United States 

23 Code, a future-years intelligence program (including asso24 ciated annexes) reflecting the estimated expenditures and 

25 proposed appropriations included in that budget. Any such 


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1 future-years intelligence program shall cover the fiscal 

2 year with respect to which the budget is submitted and 

3 at least the four succeeding fiscal years. 

4 SEC. 8093. For the purposes of this Act, the term 

5 ‘‘congressional intelligence committees’’ means the Perma6 nent Select Committee on Intelligence of the House of 

7 Representatives, the Select Committee on Intelligence of 

8 the Senate, the Subcommittee on Defense of the Com9 mittee on Appropriations of the House of Representatives, 

10 and the Subcommittee on Defense of the Committee on 

11 Appropriations of the Senate. 

12 SEC. 8094. The Department of Defense shall con13 tinue to report incremental contingency operations costs 

14 for Operation New Dawn and Operation Enduring Free15 dom, or any other named operations in the U.S. Central 

16 Command area of operation on a monthly basis in the Cost 

17 of War Execution Report as prescribed in the Department 

18 of Defense Financial Management Regulation Department 

19 of Defense Instruction 7000.14, Volume 12, Chapter 23 

20 ‘‘Contingency Operations’’, Annex 1, dated September 

21 2005. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8095. During the current fiscal year, not to ex24 ceed $11,000,000 from each of the appropriations made 

25 in title II of this Act for ‘‘Operation and Maintenance, 


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1 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper2 ation and Maintenance, Air Force’’ may be transferred by 

3 the military department concerned to its central fund es4 tablished for Fisher Houses and Suites pursuant to sec5 tion 2493(d) of title 10, United States Code. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8096. Funds appropriated by this Act for oper8 ation and maintenance may be available for the purpose 

9 of making remittances to the Defense Acquisition Work10 force Development Fund in accordance with the require11 ments of section 1705 of title 10, United States Code. 

12 SEC. 8097. (a) Any agency receiving funds made 

13 available in this Act, shall, subject to subsections (b) and 

14 (c), post on the public Web site of that agency any report 

15 required to be submitted by the Congress in this or any 

16 other Act, upon the determination by the head of the agen17 cy that it shall serve the national interest. 

18 (b) Subsection (a) shall not apply to a report if— 

19 (1) the public posting of the report com20 promises national security; or 

21 (2) the report contains proprietary information. 

22 (c) The head of the agency posting such report shall 

23 do so only after such report has been made available to 

24 the requesting Committee or Committees of Congress for 

25 no less than 45 days. 


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1 SEC. 8098. (a) None of the funds appropriated or 

2 otherwise made available by this Act may be expended for 

3 any Federal contract for an amount in excess of 

4 $1,000,000, unless the contractor agrees not to— 

5 (1) enter into any agreement with any of its 

6 employees or independent contractors that requires, 

7 as a condition of employment, that the employee or 

8 independent contractor agree to resolve through ar9 bitration any claim under title VII of the Civil 

10 Rights Act of 1964 or any tort related to or arising 

11 out of sexual assault or harassment, including as12 sault and battery, intentional infliction of emotional 

13 distress, false imprisonment, or negligent hiring, su14 pervision, or retention; or 

15 (2) take any action to enforce any provision of 

16 an existing agreement with an employee or inde17 pendent contractor that mandates that the employee 

18 or independent contractor resolve through arbitra19 tion any claim under title VII of the Civil Rights Act 

20 of 1964 or any tort related to or arising out of sex21 ual assault or harassment, including assault and 

22 battery, intentional infliction of emotional distress, 

23 false imprisonment, or negligent hiring, supervision, 

24 or retention. 


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1 (b) None of the funds appropriated or otherwise 

2 made available by this Act may be expended for any Fed3 eral contract unless the contractor certifies that it requires 

4 each covered subcontractor to agree not to enter into, and 

5 not to take any action to enforce any provision of, any 

6 agreement as described in paragraphs (1) and (2) of sub7 section (a), with respect to any employee or independent 

8 contractor performing work related to such subcontract. 

9 For purposes of this subsection, a ‘‘covered subcon10 tractor’’ is an entity that has a subcontract in excess of 

11 $1,000,000 on a contract subject to subsection (a). 

12 (c) The prohibitions in this section do not apply with 

13 respect to a contractor’s or subcontractor’s agreements 

14 with employees or independent contractors that may not 

15 be enforced in a court of the United States. 

16 (d) The Secretary of Defense may waive the applica17 tion of subsection (a) or (b) to a particular contractor or 

18 subcontractor for the purposes of a particular contract or 

19 subcontract if the Secretary or the Deputy Secretary per20 sonally determines that the waiver is necessary to avoid 

21 harm to national security interests of the United States, 

22 and that the term of the contract or subcontract is not 

23 longer than necessary to avoid such harm. The determina24 tion shall set forth with specificity the grounds for the 

25 waiver and for the contract or subcontract term selected, 


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1 and shall state any alternatives considered in lieu of a 

2 waiver and the reasons each such alternative would not 

3 avoid harm to national security interests of the United 

4 States. The Secretary of Defense shall transmit to Con5 gress, and simultaneously make public, any determination 

6 under this subsection not less than 15 business days be7 fore the contract or subcontract addressed in the deter8 mination may be awarded. 

9 SEC. 8099. None of the funds made available under 

10 this Act may be distributed to the Association of Commu11 nity Organizations for Reform Now (ACORN) or its sub12 sidiaries. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8100. From within the funds appropriated for 

15 operation and maintenance for the Defense Health Pro16 gram in this Act, up to $139,204,000, shall be available 

17 for transfer to the Joint Department of Defense-Depart18 ment of Veterans Affairs Medical Facility Demonstration 

19 Fund in accordance with the provisions of section 1704 

20 of the National Defense Authorization Act for Fiscal Year 

21 2010, Public Law 111–84: Provided, That for purposes 

22 of section 1704(b), the facility operations funded are oper23 ations of the integrated Captain James A. Lovell Federal 

24 Health Care Center, consisting of the North Chicago Vet25 erans Affairs Medical Center, the Navy Ambulatory Care 


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1 Center, and supporting facilities designated as a combined 

2 Federal medical facility as described by section 706 of 

3 Public Law 110–417: Provided further, That additional 

4 funds may be transferred from funds appropriated for op5 eration and maintenance for the Defense Health Program 

6 to the Joint Department of Defense-Department of Vet7 erans Affairs Medical Facility Demonstration Fund upon 

8 written notification by the Secretary of Defense to the 

9 Committees on Appropriations of the House of Represent10 atives and the Senate. 

11 SEC. 8101. The Office of the Director of National 

12 Intelligence shall not employ more Senior Executive em13 ployees than are specified in the classified annex. 

14 SEC. 8102. None of the funds appropriated or other15 wise made available by this Act may be obligated or ex16 pended to pay a retired general or flag officer to serve 

17 as a senior mentor advising the Department of Defense 

18 unless such retired officer files a Standard Form 278 (or 

19 successor form concerning public financial disclosure 

20 under part 2634 of title 5, Code of Federal Regulations) 

21 to the Office of Government Ethics. 

22 SEC. 8103. Appropriations available to the Depart23 ment of Defense may be used for the purchase of heavy 

24 and light armored vehicles for the physical security of per25 sonnel or for force protection purposes up to a limit of 


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1 $250,000 per vehicle, notwithstanding price or other limi2 tations applicable to the purchase of passenger carrying 

3 vehicles. 

4 SEC. 8104. Of the amounts appropriated for ‘‘Oper5 ation and Maintenance, Defense-Wide’’, the following 

6 amounts shall be available to the Secretary of Defense, 

7 for the following authorized purposes, notwithstanding 

8 any other provision of law, acting through the Office of 

9 Economic Adjustment of the Department of Defense, to 

10 make grants, conclude cooperative agreements, and sup11 plement other Federal funds, to remain available until ex12 pended, to assist the civilian population of Guam in re13 sponse to the military buildup of Guam: (1) $13,000,000 

14 for addressing the need for construction of a regional pub15 lic health laboratory; and (2) $106,400,000 for addressing 

16 the need for civilian water and wastewater improvements: 

17 Provided, That the Secretary of Defense shall, not fewer 

18 than 15 days prior to obligating funds for either of the 

19 foregoing purposes, notify the congressional defense com20 mittees in writing of the details of any such obligation. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8105. There is hereby established in the Treas23 ury of the United States the ‘‘Ship Modernization, Oper24 ations and Sustainment Fund’’. There is appropriated 

25 $2,382,100,000, for the ‘‘Ship Modernization, Operations 


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1 and Sustainment Fund’’, to remain available until Sep2 tember 30, 2014: Provided, That the Secretary of the 

3 Navy shall transfer funds from the ‘‘Ship Modernization, 

4 Operations and Sustainment Fund’’ to appropriations for 

5 military personnel; operation and maintenance; research, 

6 development, test and evaluation; and procurement, only 

7 for the purposes of manning, operating, sustaining, equip8 ping and modernizing the Ticonderoga-class guided mis9 sile cruisers CG–63, CG–64, CG–65, CG–66, CG–68, CG– 

10 69, CG–73, and the Whidbey Island-class dock landing 

11 ships LSD–41 and LSD–46: Provided further, That funds 

12 transferred shall be merged with and be available for the 

13 same purposes and for the same time period as the appro14 priation to which they are transferred: Provided further, 

15 That the transfer authority provided herein shall be in ad16 dition to any other transfer authority available to the De17 partment of Defense: Provided further, That the Secretary 

18 of the Navy shall, not less than 30 days prior to making 

19 any transfer from the ‘‘Ship Modernization, Operations 

20 and Sustainment Fund’’, notify the congressional defense 

21 committees in writing of the details of such transfer. 

22 SEC. 8106. None of the funds made available by this 

23 Act may be used by the Secretary of Defense to take bene24 ficial occupancy of more than 2,500 parking spaces (other 

25 than handicap-reserved spaces) to be provided by the 


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1 BRAC 133 project: Provided, That this limitation may be 

2 waived in part if: (1) the Secretary of Defense certifies 

3 to Congress that levels of service at existing intersections 

4 in the vicinity of the project have not experienced failing 

5 levels of service as defined by the Transportation Research 

6 Board Highway Capacity Manual over a consecutive 90- 

7 day period; (2) the Department of Defense and the Vir8 ginia Department of Transportation agree on the number 

9 of additional parking spaces that may be made available 

10 to employees of the facility subject to continued 90-day 

11 traffic monitoring; and (3) the Secretary of Defense noti12 fies the congressional defense committees in writing at 

13 least 14 days prior to exercising this waiver of the number 

14 of additional parking spaces to be made available. 

15 SEC. 8107. Not later than 120 days after the date 

16 of the enactment of this Act, the Secretary of Defense 

17 shall resume quarterly reporting of the numbers of civilian 

18 personnel end strength by appropriation account for each 

19 and every appropriation account used to finance Federal 

20 civilian personnel salaries to the congressional defense 

21 committees within 15 days after the end of each fiscal 

22 quarter. 

23 SEC. 8108. None of the funds appropriated in this 

24 or any other Act may be used to plan, prepare for, or oth25 erwise take any action to undertake or implement the sepVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 aration of the National Intelligence Program budget from 

2 the Department of Defense budget. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8109. Upon a determination by the Director of 

5 National Intelligence that such action is necessary and in 

6 the national interest, the Director may, with the approval 

7 of the Office of Management and Budget, transfer not to 

8 exceed $2,000,000,000 of the funds made available in this 

9 Act for the National Intelligence Program: Provided, That 

10 such authority to transfer may not be used unless for 

11 higher priority items, based on unforeseen intelligence re12 quirements, than those for which originally appropriated 

13 and in no case where the item for which funds are re14 quested has been denied by the Congress: Provided further, 

15 That a request for multiple reprogrammings of funds 

16 using authority provided in this section shall be made 

17 prior to June 30, 2013. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8110. In addition to amounts provided else20 where in the Act, there is appropriated $270,000,000 for 

21 an additional amount for ‘‘Operation and Maintenance, 

22 Defense-Wide’’, to be available until expended: Provided, 

23 That such funds shall only be available to the Secretary 

24 of Defense, acting through the Office of Economic Adjust25 ment of the Department of Defense, or for transfer to the 


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1 Secretary of Education, notwithstanding any other provi2 sion of law, to make grants, conclude cooperative agree3 ments, or supplement other Federal funds to construct, 

4 renovate, repair, or expand elementary and secondary pub5 lic schools on military installations in order to address ca6 pacity or facility condition deficiencies at such schools: 

7 Provided further, That in making such funds available, the 

8 Office of Economic Adjustment or the Secretary of Edu9 cation shall give priority consideration to those military 

10 installations with schools having the most serious capacity 

11 or facility condition deficiencies as determined by the Sec12 retary of Defense: Provided further, That funds may not 

13 be made available for a school unless its enrollment of De14 partment of Defense-connected children is greater than 50 

15 percent. 

16 SEC. 8111. None of the funds appropriated or other17 wise made available in this or any other Act may be used 

18 to transfer, release, or assist in the transfer or release to 

19 or within the United States, its territories, or possessions 

20 Khalid Sheikh Mohammed or any other detainee who— 

21 (1) is not a United States citizen or a member 

22 of the Armed Forces of the United States; and 

23 (2) is or was held on or after June 24, 2009, 

24 at the United States Naval Station, Guant ́anamo 

25 Bay, Cuba, by the Department of Defense. 


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1 SEC. 8112. (a)(1) Except as provided in paragraph 

2 (2) and subsection (d), none of the funds appropriated or 

3 otherwise made available in this or any other Act may be 

4 used to transfer any individual detained at Guant ́anamo 

5 to the custody or control of the individual’s country of ori6 gin, any other foreign country, or any other foreign entity 

7 unless the Secretary of Defense submits to Congress the 

8 certification described in subsection (b) not later than 30 

9 days before the transfer of the individual. 

10 (2) Paragraph (1) shall not apply to any action taken 

11 by the Secretary to transfer any individual detained at 

12 Guant ́anamo to effectuate— 

13 (A) an order affecting the disposition of the in14 dividual that is issued by a court or competent tri15 bunal of the United States having lawful jurisdiction 

16 (which the Secretary shall notify Congress of 

17 promptly after issuance); or 

18 (B) a pre-trial agreement entered in a military 

19 commission case prior to the date of the enactment 

20 of this Act. 

21 (b) A certification described in this subsection is a 

22 written certification made by the Secretary of Defense, 

23 with the concurrence of the Secretary of State and in con24 sultation with the Director of National Intelligence, that— 


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1 (1) the government of the foreign country or 

2 the recognized leadership of the foreign entity to 

3 which the individual detained at Guant ́anamo is to 

4 be transferred— 

5 (A) is not a designated state sponsor of 

6 terrorism or a designated foreign terrorist orga7 nization; 

8 (B) maintains control over each detention 

9 facility in which the individual is to be detained 

10 if the individual is to be housed in a detention 

11 facility; 

12 (C) is not, as of the date of the certifi13 cation, facing a threat that is likely to substan14 tially affect its ability to exercise control over 

15 the individual; 

16 (D) has taken or agreed to take effective 

17 actions to ensure that the individual cannot 

18 take action to threaten the United States, its 

19 citizens, or its allies in the future; 

20 (E) has taken or agreed to take such ac21 tions as the Secretary of Defense determines 

22 are necessary to ensure that the individual can23 not engage or re-engage in any terrorist activ24 ity; and 


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1 (F) has agreed to share with the United 

2 States any information that— 

3 (i) is related to the individual or any 

4 associates of the individual; and 

5 (ii) could affect the security of the 

6 United States, its citizens, or its allies; and 

7 (2) includes an assessment, in classified or un8 classified form, of the capacity, willingness, and past 

9 practices (if applicable) of the foreign country or en10 tity in relation to the Secretary’s certifications. 

11 (c)(1) Except as provided in paragraph (2) and sub12 section (d), none of the funds appropriated or otherwise 

13 made available in this or any other Act may be used to 

14 transfer any individual detained at Guant ́anamo to the 

15 custody or control of the individual’s country of origin, any 

16 other foreign country, or any other foreign entity if there 

17 is a confirmed case of any individual who was detained 

18 at United States Naval Station, Guant ́anamo Bay, Cuba, 

19 at any time after September 11, 2001, who was trans20 ferred to such foreign country or entity and subsequently 

21 engaged in any terrorist activity. 

22 (2) Paragraph (1) shall not apply to any action taken 

23 by the Secretary to transfer any individual detained at 

24 Guant ́anamo to effectuate— 


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1 (A) an order affecting the disposition of the in2 dividual that is issued by a court or competent tri3 bunal of the United States having lawful jurisdiction 

4 (which the Secretary shall notify Congress of 

5 promptly after issuance); or 

6 (B) a pre-trial agreement entered in a military 

7 commission case prior to the date of the enactment 

8 of this Act. 

9 (d)(1) The Secretary of Defense may waive the appli10 cability to a detainee transfer of a certification require11 ment specified in subparagraph (D) or (E) of subsection 

12 (b)(1) or the prohibition in subsection (c), if the Secretary 

13 certifies the rest of the criteria required by subsection (b) 

14 for transfers prohibited by (c) and, with the concurrence 

15 of the Secretary of State and in consultation with the Di16 rector of National Intelligence, determines that— 

17 (A) alternative actions will be taken to address 

18 the underlying purpose of the requirement or re19 quirements to be waived; 

20 (B) in the case of a waiver of subparagraph (D) 

21 or (E) of subsection (b)(1), it is not possible to cer22 tify that the risks addressed in the paragraph to be 

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1 stantially mitigate such risks with regard to the indi2 vidual to be transferred; 

3 (C) in the case of a waiver of subsection (c), the 

4 Secretary has considered any confirmed case in 

5 which an individual who was transferred to the 

6 country subsequently engaged in terrorist activity, 

7 and the actions to be taken under subparagraph (A) 

8 will substantially mitigate the risk of recidivism with 

9 regard to the individual to be transferred; and 

10 (D) the transfer is in the national security in11 terests of the United States. 

12 (2) Whenever the Secretary makes a determination 

13 under paragraph (1), the Secretary shall submit to the ap14 propriate committees of Congress, not later than 30 days 

15 before the transfer of the individual concerned, the fol16 lowing: 

17 (A) A copy of the determination and the waiver 

18 concerned. 

19 (B) A statement of the basis for the determina20 tion, including— 

21 (i) an explanation why the transfer is in 

22 the national security interests of the United 

23 States; and 

24 (ii) in the case of a waiver of subparagraph 

25 (D) or (E) of subsection (b)(1), an explanation 


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1 why it is not possible to certify that the risks 

2 addressed in the subparagraph to be waived 

3 have been completely eliminated. 

4 (C) A summary of the alternative actions to be 

5 taken to address the underlying purpose of, and to 

6 mitigate the risks addressed in, the subparagraph or 

7 subsection to be waived. 

8 (D) The assessment required by subsection 

9 (b)(2). 

10 (e) In this section: 

11 (1) The term ‘‘appropriate committees of Con12 gress’’ means— 

13 (A) the Committee on Armed Services, the 

14 Committee on Appropriations, and the Select 

15 Committee on Intelligence of the Senate; and 

16 (B) the Committee on Armed Services, the 

17 Committee on Appropriations, and the Perma18 nent Select Committee on Intelligence of the 

19 House of Representatives. 

20 (2) The term ‘‘individual detained at 

21 Guant ́anamo’’ means any individual located at 

22 United States Naval Station, Guant ́anamo Bay, 

23 Cuba, as of October 1, 2009, who— 


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1 (A) is not a citizen of the United States or 

2 a member of the Armed Forces of the United 

3 States; and 

4 (B) is— 

5 (i) in the custody or under the control 

6 of the Department of Defense; or 

7 (ii) otherwise under detention at 

8 United States Naval Station, Guant ́anamo 

9 Bay, Cuba. 

10 (3) The term ‘‘foreign terrorist organization’’ 

11 means any organization so designated by the Sec12 retary of State under section 219 of the Immigra13 tion and Nationality Act (8 U.S.C. 1189). 

14 SEC. 8113. (a) None of the funds appropriated or 

15 otherwise made available in this or any other Act may be 

16 used to construct, acquire, or modify any facility in the 

17 United States, its territories, or possessions to house any 

18 individual described in subsection (c) for the purposes of 

19 detention or imprisonment in the custody or under the ef20 fective control of the Department of Defense. 

21 (b) The prohibition in subsection (a) shall not apply 

22 to any modification of facilities at United States Naval 

23 Station, Guant ́anamo Bay, Cuba. 


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1 (c) An individual described in this subsection is any 

2 individual who, as of June 24, 2009, is located at United 

3 States Naval Station, Guant ́anamo Bay, Cuba, and who— 

4 (1) is not a citizen of the United States or a 

5 member of the Armed Forces of the United States; 

6 and 

7 (2) is— 

8 (A) in the custody or under the effective 

9 control of the Department of Defense; or 

10 (B) otherwise under detention at United 

11 States Naval Station, Guant ́anamo Bay, Cuba. 

12 SEC. 8114. None of the funds made available by this 

13 Act may be used to enter into a contract, memorandum 

14 of understanding, or cooperative agreement with, make a 

15 grant to, or provide a loan or loan guarantee to, any cor16 poration that has any unpaid Federal tax liability that has 

17 been assessed, for which all judicial and administrative 

18 remedies have been exhausted or have lapsed, and that 

19 is not being paid in a timely manner pursuant to an agree20 ment with the authority responsible for collecting the tax 

21 liability, where the awarding agency is aware of the unpaid 

22 tax liability, unless the agency has considered suspension 

23 or debarment of the corporation and made a determination 

24 that this further action is not necessary to protect the in25 terests of the Government. 


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1 SEC. 8115. None of the funds made available by this 

2 Act may be used to enter into a contract, memorandum 

3 of understanding, or cooperative agreement with, make a 

4 grant to, or provide a loan or loan guarantee to, any cor5 poration that was convicted of a felony criminal violation 

6 under any Federal law within the preceding 24 months, 

7 where the awarding agency is aware of the conviction, un8 less the agency has considered suspension or debarment 

9 of the corporation and made a determination that this fur10 ther action is not necessary to protect the interests of the 

11 Government. 

12 SEC. 8116. None of the funds made available by this 

13 Act may be used in contravention of section 1590 or 1591 

14 of title 18, United States Code, or in contravention of the 

15 requirements of section 106(g) or (h) of the Trafficking 

16 Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 

17 (h)). 

18 SEC. 8117. None of the funds made available by this 

19 Act for International Military education and training, for20 eign military financing, excess defense article, assistance 

21 under section 1206 of the National Defense Authorization 

22 Act for Fiscal year 2006 (Public Law 109–163; 119 Stat. 

23 3456) issuance for direct commercial sales of military 

24 equipment, or peacekeeping operations for the countries 

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1 lic of the Congo, and Burma may be used to support any 

2 military training or operation that include child soldiers, 

3 as defined by the Child Soldiers Prevention Act of 2008, 

4 and except if such assistance is otherwise permitted under 

5 section 404 of the Child Soldiers Prevention Act of 2008 

6 (Public Law 110–457; 22 U.S.C. 2370c–1). 

7 SEC. 8118. None of the funds made available by this 

8 Act may be used in contravention of the War Powers Res9 olution (50 U.S.C. 1541 et seq.). 

10 SEC. 8119. None of the funds made available by this 

11 Act may be used to retire, divest, realign, or transfer Air 

12 Force aircraft, to disestablish or convert units associated 

13 with such aircraft, or to disestablish or convert any other 

14 unit of the Air National Guard or Air Force Reserve: Pro15 vided, That this section shall not apply to actions affecting 

16 C–5, C–17, or E–8 aircraft, or the units associated with 

17 such aircraft: Provided further, That this section shall con18 tinue in effect through the date of enactment of an Act 

19 authorizing appropriations for fiscal year 2013 for mili20 tary activities of the Department of Defense. 

21 SEC. 8120. The Secretary of the Air Force shall obli22 gate and expend funds previously appropriated for the 

23 procurement of RQ–4B Global Hawk and C–27J Spartan 

24 aircraft for the purposes for which such funds were origi25 nally appropriated. 


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1 SEC. 8121. It is the Sense of the Senate that the 

2 next available capital warship of the U.S. Navy be named 

3 the USS Ted Stevens to recognize the public service 

4 achievements, military service sacrifice, and undaunted 

5 heroism and courage of the long-serving United States 

6 Senator for Alaska. 

7 SEC. 8122. None of the funds made available by this 

8 Act shall be used to retire C–23 Sherpa aircraft. 

9 SEC. 8123. The total amount available in the Act for 

10 pay for civilian personnel of the Department of Defense 

11 for fiscal year 2013 shall be the amount otherwise appro12 priated or made available by this Act for such pay reduced 

13 by $72,718,000. 

14 SEC. 8124. None of the funds made available by this 

15 Act may be used to enter into a contract for UH–60 Leak 

16 Proof Drip Pans using procedures other than competitive 

17 procedures (as defined in section 2302(2) of title 10, 

18 United States Code). 

19 SEC. 8125. None of the funds appropriated or other20 wise made available by this Act or any other Act may be 

21 used by the Department of Defense or a component there22 of in contravention of section 1244 of the National De23 fense Authorization Act for Fiscal Year 2012 (Public Law 

24 112–81; 125 Stat. 1646; 22 U.S.C. 5952 note) or any pro25 vision of an Act authorizing appropriations for the DeVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 partment of Defense for fiscal year 2013 relating to shar2 ing classified ballistic missile defense information with 

3 Russia. 

4 SEC. 8126. None of the Operation and Maintenance 

5 funds made available in this Act may be used in con6 travention of section 41106 of title 49, United States 

7 Code. 

8 SEC. 8127. None of the funds made available by this 

9 Act may be used by the Department of Defense or any 

10 other Federal agency to lease or purchase new light duty 

11 vehicles, for any executive fleet, or for an agency’s fleet 

12 inventory, except in accordance with Presidential Memo13 randum-Federal Fleet Performance, dated May 24, 2011. 

14 SEC. 8128. None of the funds made available by this 

15 Act may be used to enter into a contract with any person 

16 or other entity listed in the Excluded Parties List System 

17 (EPLS)/System for Award Management (SAM) as having 

18 been convicted of fraud against the Federal Government. 

19 SEC. 8129. None of the funds made available by this 

20 Act for the Department of Defense may be used to enter 

21 into a contract, memorandum of understanding, or cooper22 ative agreement with, make a grant to, or provide a loan 

23 or loan guarantee to Rosoboronexport: Provided, That the 

24 Secretary of Defense may waive this restriction on a case25 by-case basis by certifying in writing to the Committees 


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1 on Appropriations of the House of Representatives and the 

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

3 so. 

4 SEC. 8130. None of the funds made available by this 

5 Act may be used by the Secretary of Defense to implement 

6 an enrollment fee for the TRICARE for Life program 

7 under chapter 55 of title 10, United States Code, that 

8 does not exist as of the date of the enactment of this Act. 

9 TITLE IX 

10 OVERSEAS CONTINGENCY OPERATIONS 

11 MILITARY PERSONNEL 

12 MILITARY PERSONNEL, ARMY

13 For an additional amount for ‘‘Military Personnel, 

14 Army’’, $9,790,082,000: Provided, That such amount is 

15 designated by the Congress for Overseas Contingency Op16 erations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 MILITARY PERSONNEL, NAVY

20 For an additional amount for ‘‘Military Personnel, 

21 Navy’’, $774,225,000: Provided, That such amount is des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

3 Marine Corps’’, $1,425,156,000: Provided, That such 

4 amount is designated by the Congress for Overseas Con5 tingency Operations/Global War on Terrorism pursuant to 

6 section 251(b)(2)(A)(ii) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 MILITARY PERSONNEL, AIR FORCE

9 For an additional amount for ‘‘Military Personnel, 

10 Air Force’’, $1,286,783,000: Provided, That such amount 

11 is designated by the Congress for Overseas Contingency 

12 Operations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 RESERVE PERSONNEL, ARMY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Army’’, $156,893,000: Provided, That such amount is 

18 designated by the Congress for Overseas Contingency Op19 erations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 RESERVE PERSONNEL, NAVY

23 For an additional amount for ‘‘Reserve Personnel, 

24 Navy’’, $39,335,000: Provided, That such amount is des25 ignated by the Congress for Overseas Contingency OperVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 ations/Global War on Terrorism pursuant to section 

2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 RESERVE PERSONNEL, MARINE CORPS

5 For an additional amount for ‘‘Reserve Personnel, 

6 Marine Corps’’, $24,722,000: Provided, That such amount 

7 is designated by the Congress for Overseas Contingency 

8 Operations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 RESERVE PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘Reserve Personnel, 

13 Air Force’’, $25,348,000: Provided, That such amount is 

14 designated by the Congress for Overseas Contingency Op15 erations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 NATIONAL GUARD PERSONNEL, ARMY

19 For an additional amount for ‘‘National Guard Per20 sonnel, Army’’, $583,804,000: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

23 section 251(b)(2)(A)(ii) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 


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1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘National Guard Per3 sonnel, Air Force’’, $10,473,000: Provided, That such 

4 amount is designated by the Congress for Overseas Con5 tingency Operations/Global War on Terrorism pursuant to 

6 section 251(b)(2)(A)(ii) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE 

9 OPERATION AND MAINTENANCE, ARMY

10 For an additional amount for ‘‘Operation and Main11 tenance, Army’’, $28,452,018,000: Provided, That such 

12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 

14 section 251(b)(2)(A)(ii) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, NAVY

17 For an additional amount for ‘‘Operation and Main18 tenance, Navy’’, $5,839,934,000: Provided, That such 

19 amount is designated by the Congress for Overseas Con20 tingency Operations/Global War on Terrorism pursuant to 

21 section 251(b)(2)(A)(ii) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985. 

23 OPERATION AND MAINTENANCE, MARINE CORPS

24 For an additional amount for ‘‘Operation and Main25 tenance, Marine Corps’’, $4,116,340,000: Provided, That 


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1 such amount is designated by the Congress for Overseas 

2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

4 and Emergency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, AIR FORCE

6 For an additional amount for ‘‘Operation and Main7 tenance, Air Force’’, $9,249,736,000: Provided, That such 

8 amount is designated by the Congress for Overseas Con9 tingency Operations/Global War on Terrorism pursuant to 

10 section 251(b)(2)(A)(ii) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 OPERATION AND MAINTENANCE, DEFENSE-WIDE

13 For an additional amount for ‘‘Operation and Main14 tenance, Defense-Wide’’, $7,714,079,000: Provided, That 

15 of the funds provided under this heading, not to exceed 

16 $1,650,000,000, to remain available until September 30, 

17 2014, shall be for payments to reimburse key cooperating 

18 nations for logistical, military, and other support, includ19 ing access, provided to United States military operations 

20 in support of Operation Enduring Freedom, and post-op21 eration Iraq border security related to the activities of the 

22 Office of Security Cooperation in Iraq, notwithstanding 

23 any other provision of law: Provided further, That such 

24 reimbursement payments may be made in such amounts 

25 as the Secretary of Defense, with the concurrence of the 


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1 Secretary of State, and in consultation with the Director 

2 of the Office of Management and Budget, may determine, 

3 in his discretion, based on documentation determined by 

4 the Secretary of Defense to adequately account for the 

5 support provided, and such determination is final and con6 clusive upon the accounting officers of the United States, 

7 and 15 days following notification to the appropriate con8 gressional committees: Provided further, That the require9 ment under this heading to provide notification to the ap10 propriate congressional committees shall not apply with 

11 respect to a reimbursement for access based on an inter12 national agreement: Provided further, That these funds 

13 may be used for the purpose of providing specialized train14 ing and procuring supplies and specialized equipment and 

15 providing such supplies and loaning such equipment on a 

16 non-reimbursable basis to coalition forces supporting 

17 United States military operations in Afghanistan, and 15 

18 days following notification to the appropriate congres19 sional committees: Provided further, That the Secretary of 

20 Defense shall provide quarterly reports to the congres21 sional defense committees on the use of funds provided 

22 in this paragraph: Provided further, That such amount in 

23 this section is designated by the Congress for Overseas 

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1 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

2 and Emergency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Army Reserve’’, $157,887,000: Provided, That 

6 such amount is designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 OPERATION AND MAINTENANCE, NAVY RESERVE

11 For an additional amount for ‘‘Operation and Main12 tenance, Navy Reserve’’, $55,924,000: Provided, That 

13 such amount is designated by the Congress for Overseas 

14 Contingency Operations/Global War on Terrorism pursu15 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

16 and Emergency Deficit Control Act of 1985. 

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 RESERVE

19 For an additional amount for ‘‘Operation and Main20 tenance, Marine Corps Reserve’’, $25,477,000: Provided, 

21 That such amount is designated by the Congress for Over22 seas Contingency Operations/Global War on Terrorism 

23 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 


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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Air Force Reserve’’, $60,618,000: Provided, That 

4 such amount is designated by the Congress for Overseas 

5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

7 and Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE, ARMY NATIONAL

9 GUARD

10 For an additional amount for ‘‘Operation and Main11 tenance, Army National Guard’’, $392,448,000: Provided, 

12 That such amount is designated by the Congress for Over13 seas Contingency Operations/Global War on Terrorism 

14 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

17 For an additional amount for ‘‘Operation and Main18 tenance, Air National Guard’’, $34,500,000: Provided, 

19 That such amount is designated by the Congress for Over20 seas Contingency Operations/Global War on Terrorism 

21 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985. 


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1 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 In addition to amounts provided elsewhere in this 

4 Act, there is appropriated $582,884,000 for the ‘‘Overseas 

5 Contingency Operations Transfer Fund’’ for expenses di6 rectly relating to overseas contingency operations by 

7 United States military forces, to be available until ex8 pended: Provided, That of the funds made available in this 

9 section, the Secretary of Defense may transfer these funds 

10 only to military personnel accounts, operation and mainte11 nance accounts, procurement accounts, and working cap12 ital fund accounts: Provided further, That the funds made 

13 available in this paragraph may only be used for pro14 grams, projects, or activities categorized as Overseas Con15 tingency Operations in the fiscal year 2013 budget request 

16 for the Department of Defense and the justification mate17 rial and other documentation supporting such request: 

18 Provided further, That the funds transferred shall be 

19 merged with and shall be available for the same purposes 

20 and for the same time period, as the appropriation to 

21 which transferred: Provided further, That the Secretary 

22 shall notify the congressional defense committees 15 days 

23 prior to such transfer: Provided further, That the transfer 

24 authority provided under this heading is in addition to any 

25 other transfer authority available to the Department of 


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1 Defense: Provided further, That upon a determination that 

2 all or part of the funds transferred from this appropriation 

3 are not necessary for the purposes provided herein, such 

4 amounts may be transferred back to this appropriation 

5 and shall be available for the same purposes and for the 

6 same time period as originally appropriated: Provided fur7 ther, That such amount is designated by the Congress for 

8 Overseas Contingency Operations/Global War on Ter9 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 

11 AFGHANISTAN INFRASTRUCTURE FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For the ‘‘Afghanistan Infrastructure Fund’’, 

14 $325,000,000, to remain available until September 30, 

15 2014: Provided, That such funds shall be available to the 

16 Secretary of Defense for infrastructure projects in Af17 ghanistan, notwithstanding any other provision of law, 

18 which shall be undertaken by the Secretary of State, un19 less the Secretary of State and the Secretary of Defense 

20 jointly decide that a specific project will be undertaken 

21 by the Department of Defense: Provided further, That the 

22 infrastructure referred to in the preceding proviso is in 

23 support of the counterinsurgency strategy, which may re24 quire funding for facility and infrastructure projects, in25 cluding, but not limited to, water, power, and transporVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 tation projects and related maintenance and sustainment 

2 costs: Provided further, That the authority to undertake 

3 such infrastructure projects is in addition to any other au4 thority to provide assistance to foreign nations: Provided 

5 further, That any projects funded under this heading shall 

6 be jointly formulated and concurred in by the Secretary 

7 of State and Secretary of Defense: Provided further, That 

8 funds may be transferred to the Department of State for 

9 purposes of undertaking projects, which funds shall be 

10 considered to be economic assistance under the Foreign 

11 Assistance Act of 1961 for purposes of making available 

12 the administrative authorities contained in that Act: Pro13 vided further, That the transfer authority in the preceding 

14 proviso is in addition to any other authority available to 

15 the Department of Defense to transfer funds: Provided 

16 further, That any unexpended funds transferred to the 

17 Secretary of State under this authority shall be returned 

18 to the Afghanistan Infrastructure Fund if the Secretary 

19 of State, in coordination with the Secretary of Defense, 

20 determines that the project cannot be implemented for any 

21 reason, or that the project no longer supports the counter22 insurgency strategy in Afghanistan: Provided further, 

23 That any funds returned to the Secretary of Defense 

24 under the previous proviso shall be available for use under 

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1 ner as funds not transferred to the Secretary of State: 

2 Provided further, That contributions of funds for the pur3 poses provided herein to the Secretary of State in accord4 ance with section 635(d) of the Foreign Assistance Act 

5 from any person, foreign government, or international or6 ganization may be credited to this Fund, to remain avail7 able until expended, and used for such purposes: Provided 

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

9 than 15 days prior to making transfers to or from, or obli10 gations from the Fund, notify the appropriate committees 

11 of Congress in writing of the details of any such transfer: 

12 Provided further, That the ‘‘appropriate committees of 

13 Congress’’ are the Committees on Armed Services, For14 eign Relations and Appropriations of the Senate and the 

15 Committees on Armed Services, Foreign Affairs and Ap16 propriations of the House of Representatives: Provided 

17 further, That such amount is designated by the Congress 

18 for Overseas Contingency Operations/Global War on Ter19 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985. 

21 AFGHANISTAN SECURITY FORCES FUND

22 For the ‘‘Afghanistan Security Forces Fund’’, 

23 $5,124,167,000, to remain available until September 30, 

24 2014: Provided, That such funds shall be available to the 

25 Secretary of Defense, notwithstanding any other provision 


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1 of law, for the purpose of allowing the Commander, Com2 bined Security Transition Command—Afghanistan, or the 

3 Secretary’s designee, to provide assistance, with the con4 currence of the Secretary of State, to the security forces 

5 of Afghanistan, including the provision of equipment, sup6 plies, services, training, facility and infrastructure repair, 

7 renovation, and construction, and funding: Provided fur8 ther, That the authority to provide assistance under this 

9 heading is in addition to any other authority to provide 

10 assistance to foreign nations: Provided further, That con11 tributions of funds for the purposes provided herein from 

12 any person, foreign government, or international organiza13 tion may be credited to this Fund, to remain available 

14 until expended, and used for such purposes: Provided fur15 ther, That the Secretary of Defense shall notify the con16 gressional defense committees in writing upon the receipt 

17 and upon the obligation of any contribution, delineating 

18 the sources and amounts of the funds received and the 

19 specific use of such contributions: Provided further, That 

20 the Secretary of Defense shall, not fewer than 15 days 

21 prior to obligating from this appropriation account, notify 

22 the congressional defense committees in writing of the de23 tails of any such obligation: Provided further, That the 

24 Secretary of Defense shall notify the congressional defense 

25 committees of any proposed new projects or transfer of 


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1 funds between budget sub-activity groups in excess of 

2 $20,000,000: Provided further, That such amount is des3 ignated by the Congress for Overseas Contingency Oper4 ations/Global War on Terrorism pursuant to section 

5 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985. 

7 PROCUREMENT 

8 AIRCRAFT PROCUREMENT, ARMY

9 For an additional amount for ‘‘Aircraft Procurement, 

10 Army’’, $550,700,000, to remain available until Sep11 tember 30, 2015: Provided, That such amount is des12 ignated by the Congress for Overseas Contingency Oper13 ations/Global War on Terrorism pursuant to section 

14 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 MISSILE PROCUREMENT, ARMY

17 For an additional amount for ‘‘Missile Procurement, 

18 Army’’, $67,951,000, to remain available until September 

19 30, 2015: Provided, That such amount is designated by 

20 the Congress for Overseas Contingency Operations/Global 

21 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

22 the Balanced Budget and Emergency Deficit Control Act 

23 of 1985. 


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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For an additional amount for ‘‘Procurement of Weap4 ons and Tracked Combat Vehicles, Army’’, $15,422,000, 

5 to remain available until September 30, 2015: Provided, 

6 That such amount is designated by the Congress for Over7 seas Contingency Operations/Global War on Terrorism 

8 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

9 Budget and Emergency Deficit Control Act of 1985. 

10 PROCUREMENT OF AMMUNITION, ARMY

11 For an additional amount for ‘‘Procurement of Am12 munition, Army’’, $338,493,000, to remain available until 

13 September 30, 2015: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 OTHER PROCUREMENT, ARMY

19 For an additional amount for ‘‘Other Procurement, 

20 Army’’, $1,740,157,000, to remain available until Sep21 tember 30, 2015: Provided, That such amount is des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $215,698,000, to remain available until September 

4 30, 2015: Provided, That such amount is designated by 

5 the Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 WEAPONS PROCUREMENT, NAVY

10 For an additional amount for ‘‘Weapons Procure11 ment, Navy’’, $22,500,000, to remain available until Sep12 tember 30, 2015: Provided, That such amount is des13 ignated by the Congress for Overseas Contingency Oper14 ations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

18 CORPS

19 For an additional amount for ‘‘Procurement of Am20 munition, Navy and Marine Corps’’, $283,059,000, to re21 main available until September 30, 2015: Provided, That 

22 such amount is designated by the Congress for Overseas 

23 Contingency Operations/Global War on Terrorism pursu24 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

25 and Emergency Deficit Control Act of 1985. 


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1 OTHER PROCUREMENT, NAVY

2 For an additional amount for ‘‘Other Procurement, 

3 Navy’’, $98,882,000, to remain available until September 

4 30, 2015: Provided, That such amount is designated by 

5 the Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 PROCUREMENT, MARINE CORPS

10 For an additional amount for ‘‘Procurement, Marine 

11 Corps’’, $822,054,000, to remain available until Sep12 tember 30, 2015: Provided, That such amount is des13 ignated by the Congress for Overseas Contingency Oper14 ations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 AIRCRAFT PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Aircraft Procurement, 

19 Air Force’’, $305,600,000, to remain available until Sep20 tember 30, 2015: Provided, That such amount is des21 ignated by the Congress for Overseas Contingency Oper22 ations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


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1 MISSILE PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Missile Procurement, 

3 Air Force’’, $34,350,000, to remain available until Sep4 tember 30, 2015: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 PROCUREMENT OF AMMUNITION, AIR FORCE

10 For an additional amount for ‘‘Procurement of Am11 munition, Air Force’’, $116,203,000, to remain available 

12 until September 30, 2015: Provided, That such amount 

13 is designated by the Congress for Overseas Contingency 

14 Operations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 OTHER PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Other Procurement, 

19 Air Force’’, $2,680,270,000, to remain available until 

20 September 30, 2015: Provided, That such amount is des21 ignated by the Congress for Overseas Contingency Oper22 ations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


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1 PROCUREMENT, DEFENSE-WIDE

2 For an additional amount for ‘‘Procurement, De3 fense-Wide’’, $188,099,000, to remain available until Sep4 tember 30, 2015: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 NATIONAL GUARD AND RESERVE EQUIPMENT

10 For procurement of aircraft, missiles, tracked combat 

11 vehicles, ammunition, other weapons and other procure12 ment for the reserve components of the Armed Forces, 

13 $1,500,000,000, to remain available for obligation until 

14 September 30, 2015: Provided, That the Chiefs of Na15 tional Guard and Reserve components shall, not later than 

16 30 days after the enactment of this Act, individually sub17 mit to the congressional defense committees the mod18 ernization priority assessment for their respective Na19 tional Guard or Reserve component: Provided further, 

20 That such amount is designated by the Congress for Over21 seas Contingency Operations/Global War on Terrorism 

22 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

23 Budget and Emergency Deficit Control Act of 1985. 


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1 RESEARCH, DEVELOPMENT, TEST AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 ARMY

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Army’’, $29,660,000, to re7 main available until September 30, 2014: Provided, That 

8 such amount is designated by the Congress for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 NAVY

14 For an additional amount for ‘‘Research, Develop15 ment, Test and Evaluation, Navy’’, $52,519,000, to re16 main available until September 30, 2014: Provided, That 

17 such amount is designated by the Congress for Overseas 

18 Contingency Operations/Global War on Terrorism pursu19 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

20 and Emergency Deficit Control Act of 1985. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

22 AIR FORCE

23 For an additional amount for ‘‘Research, Develop24 ment, Test and Evaluation, Air Force’’, $53,150,000, to 

25 remain available until September 30, 2014: Provided, 


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1 That such amount is designated by the Congress for Over2 seas Contingency Operations/Global War on Terrorism 

3 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

4 Budget and Emergency Deficit Control Act of 1985. 

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

6 DEFENSE-WIDE

7 For an additional amount for ‘‘Research, Develop8 ment, Test and Evaluation, Defense-Wide’’, 

9 $112,387,000, to remain available until September 30, 

10 2014: Provided, That such amount is designated by the 

11 Congress for Overseas Contingency Operations/Global 

12 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

13 the Balanced Budget and Emergency Deficit Control Act 

14 of 1985. 

15 REVOLVING AND MANAGEMENT FUNDS 

16 DEFENSE WORKING CAPITAL FUNDS

17 For an additional amount for ‘‘Defense Working 

18 Capital Funds’’, $243,600,000: Provided, That such 

19 amount is designated by the Congress for Overseas Con20 tingency Operations/Global War on Terrorism pursuant to 

21 section 251(b)(2)(A)(ii) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985. 


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1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

2 DEFENSE HEALTH PROGRAM

3 For an additional amount for ‘‘Defense Health Pro4 gram’’, $993,898,000, which shall be for operation and 

5 maintenance: Provided, That such amount is designated 

6 by the Congress for Overseas Contingency Operations/ 

7 Global War on Terrorism pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

11 DEFENSE

12 For an additional amount for ‘‘Drug Interdiction and 

13 Counter-Drug Activities, Defense’’, $469,025,000, to re14 main available until September 30, 2014: Provided, That 

15 such amount is designated by the Congress for Overseas 

16 Contingency Operations/Global War on Terrorism pursu17 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

18 and Emergency Deficit Control Act of 1985. 

19 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For the ‘‘Joint Improvised Explosive Device Defeat 

22 Fund’’, $1,622,614,000, to remain available until Sep23 tember 30, 2015: Provided, That such funds shall be avail24 able to the Secretary of Defense, notwithstanding any 

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1 rector of the Joint Improvised Explosive Device Defeat 

2 Organization to investigate, develop and provide equip3 ment, supplies, services, training, facilities, personnel and 

4 funds to assist United States forces in the defeat of impro5 vised explosive devices: Provided further, That the Sec6 retary of Defense may transfer funds provided herein to 

7 appropriations for military personnel; operation and main8 tenance; procurement; research, development, test and 

9 evaluation; and defense working capital funds to accom10 plish the purpose provided herein: Provided further, That 

11 this transfer authority is in addition to any other transfer 

12 authority available to the Department of Defense: Pro13 vided further, That the Secretary of Defense shall, not 

14 fewer than 15 days prior to making transfers from this 

15 appropriation, notify the congressional defense committees 

16 in writing of the details of any such transfer: Provided 

17 further, That such amount is designated by the Congress 

18 for Overseas Contingency Operations/Global War on Ter19 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985. 

21 OFFICE OF THE INSPECTOR GENERAL

22 For an additional amount for the ‘‘Office of the In23 spector General’’, $10,766,000: Provided, That such 

24 amount is designated by the Congress for Overseas Con25 tingency Operations/Global War on Terrorism pursuant to 


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1 section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 GENERAL PROVISIONS—THIS TITLE 

4 SEC. 9001. Notwithstanding any other provision of 

5 law, funds made available in this title are in addition to 

6 amounts appropriated or otherwise made available for the 

7 Department of Defense for fiscal year 2013. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 9002. Upon the determination of the Secretary 

10 of Defense that such action is necessary in the national 

11 interest, the Secretary may, with the approval of the Of12 fice of Management and Budget, transfer up to 

13 $3,500,000,000 between the appropriations or funds made 

14 available to the Department of Defense in this title: Pro15 vided, That the Secretary shall notify the Congress 

16 promptly of each transfer made pursuant to the authority 

17 in this section: Provided further, That the authority pro18 vided in this section is in addition to any other transfer 

19 authority available to the Department of Defense and is 

20 subject to the same terms and conditions as the authority 

21 provided in the Department of Defense Appropriations 

22 Act, 2013. 

23 SEC. 9003. Supervision and administration costs as24 sociated with a construction project funded with appro25 priations available for operation and maintenance, ‘‘AfVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 ghanistan Infrastructure Fund’’, or the ‘‘Afghanistan Se2 curity Forces Fund’’ provided in this Act and executed 

3 in direct support of overseas contingency operations in Af4 ghanistan, may be obligated at the time a construction 

5 contract is awarded: Provided, That for the purpose of this 

6 section, supervision and administration costs include all 

7 in-house Government costs. 

8 SEC. 9004. From funds made available in this title, 

9 the Secretary of Defense may purchase for use by military 

10 and civilian employees of the Department of Defense in 

11 the U.S. Central Command area of responsibility: (a) pas12 senger motor vehicles up to a limit of $75,000 per vehicle; 

13 and (b) heavy and light armored vehicles for the physical 

14 security of personnel or for force protection purposes up 

15 to a limit of $250,000 per vehicle, notwithstanding price 

16 or other limitations applicable to the purchase of pas17 senger carrying vehicles. 

18 SEC. 9005. Not to exceed $200,000,000 of the 

19 amount appropriated in this title under the heading ‘‘Op20 eration and Maintenance, Army’’ may be used, notwith21 standing any other provision of law, to fund the Com22 mander’s Emergency Response Program (CERP), for the 

23 purpose of enabling military commanders in Afghanistan 

24 to respond to urgent, small-scale, humanitarian relief and 

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1 bility: Provided, That each project (including any ancillary 

2 or related elements in connection with such project) exe3 cuted under this authority shall not exceed $20,000,000: 

4 Provided further, That not later than 45 days after the 

5 end of each fiscal year quarter, the Secretary of Defense 

6 shall submit to the congressional defense committees a re7 port regarding the source of funds and the allocation and 

8 use of funds during that quarter that were made available 

9 pursuant to the authority provided in this section or under 

10 any other provision of law for the purposes described here11 in: Provided further, That, not later than 30 days after 

12 the end of each month, the Army shall submit to the con13 gressional defense committees monthly commitment, obli14 gation, and expenditure data for the Commander’s Emer15 gency Response Program in Afghanistan: Provided fur16 ther, That not less than 15 days before making funds 

17 available pursuant to the authority provided in this section 

18 or under any other provision of law for the purposes de19 scribed herein for a project with a total anticipated cost 

20 for completion of $5,000,000 or more, the Secretary shall 

21 submit to the congressional defense committees a written 

22 notice containing each of the following: 

23 (1) The location, nature and purpose of the 

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1 tended to advance the military campaign plan for 

2 the country in which it is to be carried out. 

3 (2) The budget, implementation timeline with 

4 milestones, and completion date for the proposed 

5 project, including any other CERP funding that has 

6 been or is anticipated to be contributed to the com7 pletion of the project. 

8 (3) A plan for the sustainment of the proposed 

9 project, including the agreement with either the host 

10 nation, a non-Department of Defense agency of the 

11 United States Government or a third-party contrib12 utor to finance the sustainment of the activities and 

13 maintenance of any equipment or facilities to be pro14 vided through the proposed project. 

15 SEC. 9006. Funds available to the Department of De16 fense for operation and maintenance may be used, not17 withstanding any other provision of law, to provide sup18 plies, services, transportation, including airlift and sealift, 

19 and other logistical support to coalition forces supporting 

20 military and stability operations in Afghanistan: Provided, 

21 That the Secretary of Defense shall provide quarterly re22 ports to the congressional defense committees regarding 

23 support provided under this section. 

24 SEC. 9007. None of the funds appropriated or other25 wise made available by this or any other Act shall be obliVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 gated or expended by the United States Government for 

2 a purpose as follows: 

3 (1) To establish any military installation or 

4 base for the purpose of providing for the permanent 

5 stationing of United States Armed Forces in Iraq. 

6 (2) To exercise United States control over any 

7 oil resource of Iraq. 

8 (3) To establish any military installation or 

9 base for the purpose of providing for the permanent 

10 stationing of United States Armed Forces in Af11 ghanistan. 

12 SEC. 9008. None of the funds made available in this 

13 Act may be used in contravention of the following laws 

14 enacted or regulations promulgated to implement the 

15 United Nations Convention Against Torture and Other 

16 Cruel, Inhuman or Degrading Treatment or Punishment 

17 (done at New York on December 10, 1984): 

18 (1) Section 2340A of title 18, United States 

19 Code. 

20 (2) Section 2242 of the Foreign Affairs Reform 

21 and Restructuring Act of 1998 (division G of Public 

22 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

23 note) and regulations prescribed thereto, including 

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1 eral Regulations, and part 95 of title 22, Code of 

2 Federal Regulations. 

3 (3) Sections 1002 and 1003 of the Department 

4 of Defense, Emergency Supplemental Appropriations 

5 to Address Hurricanes in the Gulf of Mexico, and 

6 Pandemic Influenza Act, 2006 (Public Law 109– 

7 148). 

8 SEC. 9009. None of the funds provided for the ‘‘Af9 ghanistan Security Forces Fund’’ (ASFF) may be obli10 gated prior to the approval of a financial and activity plan 

11 by the Afghanistan Resources Oversight Council (AROC) 

12 of the Department of Defense: Provided, That the AROC 

13 must approve the requirement and acquisition plan for any 

14 service requirements in excess of $50,000,000 annually 

15 and any non-standard equipment requirements in excess 

16 of $100,000,000 using ASFF: Provided further, That the 

17 AROC must approve all projects and the execution plan 

18 under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and 

19 any project in excess of $5,000,000 from the Commanders 

20 Emergency Response Program (CERP): Provided further, 

21 That the Department of Defense must certify to the con22 gressional defense committees that the AROC has con23 vened and approved a process for ensuring compliance 

24 with the requirements in the preceding provisos and acVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 companying report language for the ASFF, AIF, and 

2 CERP. 

3 SEC. 9010. Funds made available in this title to the 

4 Department of Defense for operation and maintenance 

5 may be used to purchase items having an investment unit 

6 cost of not more than $250,000: Provided, That, upon de7 termination by the Secretary of Defense that such action 

8 is necessary to meet the operational requirements of a 

9 Commander of a Combatant Command engaged in contin10 gency operations overseas, such funds may be used to pur11 chase items having an investment item unit cost of not 

12 more than $500,000. 

13 SEC. 9011. Notwithstanding any other provision of 

14 law, up to $93,000,000 of funds made available in this 

15 title under the heading ‘‘Operation and Maintenance, 

16 Army’’ may be obligated and expended for purposes of the 

17 Task Force for Business and Stability Operations, subject 

18 to the direction and control of the Secretary of Defense, 

19 with concurrence of the Secretary of State, to carry out 

20 strategic business and economic assistance activities in Af21 ghanistan in support of Operation Enduring Freedom: 

22 Provided, That not less than 15 days before making funds 

23 available pursuant to the authority provided in this section 

24 for any project with a total anticipated cost of $5,000,000 

25 or more, the Secretary shall submit to the congressional 


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1 defense committees a written notice containing a detailed 

2 justification and timeline for each proposed project. 

3 SEC. 9012. From funds made available to the De4 partment of Defense in this title under the heading ‘‘Oper5 ation and Maintenance, Air Force’’ up to $508,000,000 

6 may be used by the Secretary of Defense, notwithstanding 

7 any other provision of law, to support United States Gov8 ernment transition activities in Iraq by funding the oper9 ations and activities of the Office of Security Cooperation 

10 in Iraq and security assistance teams, including life sup11 port, transportation and personal security, and facilities 

12 renovation and construction: Provided, That to the extent 

13 authorized under the National Defense Authorization Act 

14 for Fiscal Year 2013, the operations and activities that 

15 may be carried out by the Office of Security Cooperation 

16 in Iraq may, with the concurrence of the Secretary of 

17 State, include non-operational training activities in sup18 port of Iraqi Ministry of Defense and Counter Terrorism 

19 Service personnel in an institutional environment to ad20 dress capability gaps, integrate processes relating to intel21 ligence, air sovereignty, combined arms, logistics and 

22 maintenance, and to manage and integrate defense-related 

23 institutions: Provided further, That not later than 30 days 

24 following the enactment of this Act, the Secretary of De25 fense and the Secretary of State shall submit to the conVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 gressional defense committees a plan for transitioning any 

2 such training activities that they determine are needed 

3 after the end of fiscal year 2013, to existing or new con4 tracts for the sale of defense articles or defense services 

5 consistent with the provisions of the Arms Export Control 

6 Act (22 U.S.C. 2751 et seq.): Provided further, That not 

7 less than 15 days before making funds available pursuant 

8 to the authority provided in this section, the Secretary of 

9 Defense shall submit to the congressional defense commit10 tees a written notification containing a detailed justifica11 tion and timeline for the operations and activities of the 

12 Office of Security Cooperation in Iraq at each site where 

13 such operations and activities will be conducted during fis14 cal year 2013. 

15 (RESCISSIONS)

16 SEC. 9013. Of the funds appropriated in Department 

17 of Defense Appropriations Acts, the following funds are 

18 hereby rescinded from the following accounts and pro19 grams in the specified amounts: Provided, That such 

20 amounts are designated by the Congress for Overseas 

21 Contingency Operations/Global War on Terrorism pursu22 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

23 and Emergency Deficit Control Act of 1985: 

24 ‘‘Retroactive Stop Loss Special Pay Program, 

25 2009/XXXX’’, $127,200,000; 


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1 ‘‘Afghanistan Security Forces Fund, 2012/ 

2 2013’’, $1,000,000,000; 

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

4 $207,600,000; 

5 ‘‘Procurement of Ammunition, Navy and Ma6 rine Corps, 2012/2014’’, $32,176,000; 

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

8 $2,776,000; 

9 ‘‘Mine Resistant Ambush Protected Vehicle 

10 Fund, 2012/2013’’, $400,000,000; 

11 ‘‘Research, Development, Test and Evaluation, 

12 Air Force, 2012/2013’’, $50,000,000; 

13 ‘‘Joint Improvised Explosive Device Defeat 

14 Fund, 2012/2014’’, $40,300,000. 

15 SEC. 9014. (a) None of the funds appropriated or 

16 otherwise made available by this Act under the heading 

17 ‘‘Operation and Maintenance, Defense-Wide’’ for pay18 ments under section 1233 of Public Law 110–181 for re19 imbursement to the Government of Pakistan may be made 

20 available unless the Secretary of Defense, in coordination 

21 with the Secretary of State, certifies to the Committees 

22 on Appropriations that the Government of Pakistan is— 

23 (1) cooperating with the United States in 

24 counterterrorism efforts against the Haqqani Net25 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 


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1 Jaish-e-Mohammed, Al Qaeda, and other domestic 

2 and foreign terrorist organizations, including taking 

3 steps to end support for such groups and prevent 

4 them from basing and operating in Pakistan and 

5 carrying out cross border attacks into neighboring 

6 countries; 

7 (2) not supporting terrorist activities against 

8 United States or coalition forces in Afghanistan, and 

9 Pakistan’s military and intelligence agencies are not 

10 intervening extra-judicially into political and judicial 

11 processes in Pakistan; 

12 (3) dismantling improvised explosive device 

13 (IED) networks and interdicting precursor chemicals 

14 used in the manufacture of IEDs; 

15 (4) preventing the proliferation of nuclear-re16 lated material and expertise; 

17 (5) issuing visas in a timely manner for United 

18 States visitors engaged in counterterrorism efforts 

19 and assistance programs in Pakistan; and 

20 (6) providing humanitarian organizations access 

21 to detainees, internally displaced persons, and other 

22 Pakistani civilians affected by the conflict. 

23 (b) The Secretary of Defense, in coordination with 

24 the Secretary of State, may waive the restriction in para25 graph (a) on a case-by-case basis by certifying in writing 


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1 to the Committees on Appropriations of the House of Rep2 resentatives and the Senate that it is in the national secu3 rity interest to do so: Provided, That if the Secretary of 

4 Defense, in coordination with the Secretary of State, exer5 cises the authority of the previous proviso, the Secretaries 

6 shall report to the Committees on Appropriations on both 

7 the justification for the waiver and on the requirements 

8 of this section that the Government of Pakistan was not 

9 able to meet: Provided further, That such report may be 

10 submitted in classified form if necessary. 

11 This division may be cited as the ‘‘Department of De12 fense Appropriations Act, 2013’’. 

13 DIVISION B—MILITARY CONSTRUCTION AND 

14 VETERANS AFFAIRS, AND RELATED AGEN15 CIES APPROPRIATIONS ACT, 2013 

16 The following sums are hereby appropriated, out of 

17 any money in the Treasury not otherwise appropriated, 

18 for military construction, the Department of Veterans Af19 fairs, and related agencies for the fiscal year ending Sep20 tember 30, 2013, and for other purposes, namely: 

21 TITLE I 

22 DEPARTMENT OF DEFENSE 

23 MILITARY CONSTRUCTION, ARMY

24 For acquisition, construction, installation, and equip25 ment of temporary or permanent public works, military 


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1 installations, facilities, and real property for the Army as 

2 currently authorized by law, including personnel in the 

3 Army Corps of Engineers and other personal services nec4 essary for the purposes of this appropriation, and for con5 struction and operation of facilities in support of the func6 tions of the Commander in Chief, $1,684,323,000, to re7 main available until September 30, 2017: Provided, That 

8 of this amount, not to exceed $80,173,000 shall be avail9 able for study, planning, design, architect and engineer 

10 services, and host nation support, as authorized by law, 

11 unless the Secretary of Army determines that additional 

12 obligations are necessary for such purposes and notifies 

13 the Committees on Appropriations of both Houses of Con14 gress of the determination and the reasons therefor. 

15 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

16 For acquisition, construction, installation, and equip17 ment of temporary or permanent public works, naval in18 stallations, facilities, and real property for the Navy and 

19 Marine Corps as currently authorized by law, including 

20 personnel in the Naval Facilities Engineering Command 

21 and other personal services necessary for the purposes of 

22 this appropriation, $1,549,164,000, to remain available 

23 until September 30, 2017: Provided, That of this amount, 

24 not to exceed $102,619,000 shall be available for study, 

25 planning, design, and architect and engineer services, as 


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1 authorized by law, unless the Secretary of Navy deter2 mines that additional obligations are necessary for such 

3 purposes and notifies the Committees on Appropriations 

4 of both Houses of Congress of the determination and the 

5 reasons therefor. 

6 MILITARY CONSTRUCTION, AIR FORCE

7 For acquisition, construction, installation, and equip8 ment of temporary or permanent public works, military 

9 installations, facilities, and real property for the Air Force 

10 as currently authorized by law, $322,543,000, to remain 

11 available until September 30, 2017: Provided, That of this 

12 amount, not to exceed $18,635,000 shall be available for 

13 study, planning, design, and architect and engineer serv14 ices, as authorized by law, unless the Secretary of Air 

15 Force determines that additional obligations are necessary 

16 for such purposes and notifies the Committees on Appro17 priations of both Houses of Congress of the determination 

18 and the reasons therefor. 

19 MILITARY CONSTRUCTION, DEFENSE-WIDE

20 (INCLUDING TRANSFER OF FUNDS)

21 For acquisition, construction, installation, and equip22 ment of temporary or permanent public works, installa23 tions, facilities, and real property for activities and agen24 cies of the Department of Defense (other than the military 

25 departments), as currently authorized by law, 


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1 $3,582,423,000, to remain available until September 30, 

2 2017: Provided, That such amounts of this appropriation 

3 as may be determined by the Secretary of Defense may 

4 be transferred to such appropriations of the Department 

5 of Defense available for military construction or family 

6 housing as the Secretary may designate, to be merged with 

7 and to be available for the same purposes, and for the 

8 same time period, as the appropriation or fund to which 

9 transferred: Provided further, That of the amount appro10 priated, not to exceed $315,562,000 shall be available for 

11 study, planning, design, and architect and engineer serv12 ices, as authorized by law, unless the Secretary of Defense 

13 determines that additional obligations are necessary for 

14 such purposes and notifies the Committees on Appropria15 tions of both Houses of Congress of the determination and 

16 the reasons therefor: Provided further, That of the amount 

17 appropriated, notwithstanding any other provision of law, 

18 $26,969,000 shall be available for payments to the North 

19 Atlantic Treaty Organization for the planning, design, and 

20 construction of a new North Atlantic Treaty Organization 

21 headquarters. 

22 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

23 For construction, acquisition, expansion, rehabilita24 tion, and conversion of facilities for the training and ad25 ministration of the Army National Guard, and contribuVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 tions therefor, as authorized by chapter 1803 of title 10, 

2 United States Code, and Military Construction Authoriza3 tion Acts, $613,799,000, to remain available until Sep4 tember 30, 2017: Provided, That of the amount appro5 priated, not to exceed $26,622,000 shall be available for 

6 study, planning, design, and architect and engineer serv7 ices, as authorized by law, unless the Director of the Army 

8 National Guard determines that additional obligations are 

9 necessary for such purposes and notifies the Committees 

10 on Appropriations of both Houses of Congress of the de11 termination and the reasons therefor. 

12 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

13 For construction, acquisition, expansion, rehabilita14 tion, and conversion of facilities for the training and ad15 ministration of the Air National Guard, and contributions 

16 therefor, as authorized by chapter 1803 of title 10, United 

17 States Code, and Military Construction Authorization 

18 Acts, $42,386,000, to remain available until September 

19 30, 2017: Provided, That of the amount appropriated, not 

20 to exceed $4,000,000 shall be available for study, plan21 ning, design, and architect and engineer services, as au22 thorized by law, unless the Director of the Air National 

23 Guard determines that additional obligations are nec24 essary for such purposes and notifies the Committees on 


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1 Appropriations of both Houses of Congress of the deter2 mination and the reasons therefor. 

3 MILITARY CONSTRUCTION, ARMY RESERVE

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the Army Reserve as authorized by chapter 

7 1803 of title 10, United States Code, and Military Con8 struction Authorization Acts, $305,846,000, to remain 

9 available until September 30, 2017: Provided, That of the 

10 amount appropriated, not to exceed $15,951,000 shall be 

11 available for study, planning, design, and architect and en12 gineer services, as authorized by law, unless the Chief of 

13 the Army Reserve determines that additional obligations 

14 are necessary for such purposes and notifies the Commit15 tees on Appropriations of both Houses of Congress of the 

16 determination and the reasons therefor. 

17 MILITARY CONSTRUCTION, NAVY RESERVE

18 For construction, acquisition, expansion, rehabilita19 tion, and conversion of facilities for the training and ad20 ministration of the reserve components of the Navy and 

21 Marine Corps as authorized by chapter 1803 of title 10, 

22 United States Code, and Military Construction Authoriza23 tion Acts, $49,532,000, to remain available until Sep24 tember 30, 2017: Provided, That of the amount appro25 priated, not to exceed $2,118,000 shall be available for 


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1 study, planning, design, and architect and engineer serv2 ices, as authorized by law, unless the Secretary of the 

3 Navy determines that additional obligations are necessary 

4 for such purposes and notifies the Committees on Appro5 priations of both Houses of Congress of the determination 

6 and the reasons therefor. 

7 MILITARY CONSTRUCTION, AIR FORCE RESERVE

8 For construction, acquisition, expansion, rehabilita9 tion, and conversion of facilities for the training and ad10 ministration of the Air Force Reserve as authorized by 

11 chapter 1803 of title 10, United States Code, and Military 

12 Construction Authorization Acts, $10,979,000, to remain 

13 available until September 30, 2017: Provided, That of the 

14 amount appropriated, not to exceed $2,879,000 shall be 

15 available for study, planning, design, and architect and en16 gineer services, as authorized by law, unless the Chief of 

17 the Air Force Reserve determines that additional obliga18 tions are necessary for such purposes and notifies the 

19 Committees on Appropriations of both Houses of Congress 

20 of the determination and the reasons therefor. 

21 NORTH ATLANTIC TREATY ORGANIZATION

22 SECURITY INVESTMENT PROGRAM

23 For the United States share of the cost of the North 

24 Atlantic Treaty Organization Security Investment Pro25 gram for the acquisition and construction of military faVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 cilities and installations (including international military 

2 headquarters) and for related expenses for the collective 

3 defense of the North Atlantic Treaty Area as authorized 

4 by section 2806 of title 10, United States Code, and Mili5 tary Construction Authorization Acts, $254,163,000, to 

6 remain available until expended. 

7 FAMILY HOUSING CONSTRUCTION, ARMY

8 For expenses of family housing for the Army for con9 struction, including acquisition, replacement, addition, ex10 pansion, extension, and alteration, as authorized by law, 

11 $4,641,000, to remain available until September 30, 2017. 

12 FAMILY HOUSING OPERATION AND MAINTENANCE, 

13 ARMY

14 For expenses of family housing for the Army for op15 eration and maintenance, including debt payment, leasing, 

16 minor construction, principal and interest charges, and in17 surance premiums, as authorized by law, $530,051,000. 

18 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

19 CORPS

20 For expenses of family housing for the Navy and Ma21 rine Corps for construction, including acquisition, replace22 ment, addition, expansion, extension, and alteration, as 

23 authorized by law, $102,182,000, to remain available until 

24 September 30, 2017. 


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1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 NAVY AND MARINE CORPS

3 For expenses of family housing for the Navy and Ma4 rine Corps for operation and maintenance, including debt 

5 payment, leasing, minor construction, principal and inter6 est charges, and insurance premiums, as authorized by 

7 law, $378,230,000. 

8 FAMILY HOUSING CONSTRUCTION, AIR FORCE

9 For expenses of family housing for the Air Force for 

10 construction, including acquisition, replacement, addition, 

11 expansion, extension, and alteration, as authorized by law, 

12 $83,824,000, to remain available until September 30, 

13 2017. 

14 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

15 FORCE

16 For expenses of family housing for the Air Force for 

17 operation and maintenance, including debt payment, leas18 ing, minor construction, principal and interest charges, 

19 and insurance premiums, as authorized by law, 

20 $497,829,000. 

21 FAMILY HOUSING OPERATION AND MAINTENANCE, 

22 DEFENSE-WIDE

23 For expenses of family housing for the activities and 

24 agencies of the Department of Defense (other than the 

25 military departments) for operation and maintenance, 


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1 leasing, and minor construction, as authorized by law, 

2 $52,238,000. 

3 DEPARTMENT OF DEFENSE FAMILY HOUSING

4 IMPROVEMENT FUND

5 For the Department of Defense Family Housing Im6 provement Fund, $1,786,000, to remain available until ex7 pended, for family housing initiatives undertaken pursu8 ant to section 2883 of title 10, United States Code, pro9 viding alternative means of acquiring and improving mili10 tary family housing and supporting facilities. 

11 CHEMICAL DEMILITARIZATION CONSTRUCTION, 

12 DEFENSE-WIDE

13 For expenses of construction, not otherwise provided 

14 for, necessary for the destruction of the United States 

15 stockpile of lethal chemical agents and munitions in ac16 cordance with section 1412 of the Department of Defense 

17 Authorization Act, 1986 (50 U.S.C. 1521), and for the 

18 destruction of other chemical warfare materials that are 

19 not in the chemical weapon stockpile, as currently author20 ized by law, $151,000,000, to remain available until Sep21 tember 30, 2017, which shall be only for the Assembled 

22 Chemical Weapons Alternatives program. 


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1 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

2 1990 

3 For deposit into the Department of Defense Base 

4 Closure Account 1990, established by section 2906(a)(1) 

5 of the Defense Base Closure and Realignment Act of 1990 

6 (10 U.S.C. 2687 note), $409,396,000, to remain available 

7 until expended. 

8 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

9 2005 

10 For deposit into the Department of Defense Base 

11 Closure Account 2005, established by section 2906A(a)(1) 

12 of the Defense Base Closure and Realignment Act of 1990 

13 (10 U.S.C. 2687 note), $126,697,000, to remain available 

14 until expended: Provided, That the Department of Defense 

15 shall notify the Committees on Appropriations of both 

16 Houses of Congress 14 days prior to obligating an amount 

17 for a construction project that exceeds or reduces the 

18 amount identified for that project in the most recently 

19 submitted budget request for this account by 20 percent 

20 or $2,000,000, whichever is less: Provided further, That 

21 the previous proviso shall not apply to projects costing less 

22 than $5,000,000, except for those projects not previously 

23 identified in any budget submission for this account and 

24 exceeding the minor construction threshold under section 

25 2805 of title 10, United States Code. 


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1 ADMINISTRATIVE PROVISIONS

2 SEC. 101. None of the funds made available in this 

3 title shall be expended for payments under a cost-plus-a4 fixed-fee contract for construction, where cost estimates 

5 exceed $25,000, to be performed within the United States, 

6 except Alaska, without the specific approval in writing of 

7 the Secretary of Defense setting forth the reasons there8 for. 

9 SEC. 102. Funds made available in this title for con10 struction shall be available for hire of passenger motor ve11 hicles. 

12 SEC. 103. Funds made available in this title for con13 struction may be used for advances to the Federal High14 way Administration, Department of Transportation, for 

15 the construction of access roads as authorized by section 

16 210 of title 23, United States Code, when projects author17 ized therein are certified as important to the national de18 fense by the Secretary of Defense. 

19 SEC. 104. None of the funds made available in this 

20 title may be used to begin construction of new bases in 

21 the United States for which specific appropriations have 

22 not been made. 

23 SEC. 105. None of the funds made available in this 

24 title shall be used for purchase of land or land easements 

25 in excess of 100 percent of the value as determined by 


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1 the Army Corps of Engineers or the Naval Facilities Engi2 neering Command, except: (1) where there is a determina3 tion of value by a Federal court; (2) purchases negotiated 

4 by the Attorney General or the designee of the Attorney 

5 General; (3) where the estimated value is less than 

6 $25,000; or (4) as otherwise determined by the Secretary 

7 of Defense to be in the public interest. 

8 SEC. 106. None of the funds made available in this 

9 title shall be used to: (1) acquire land; (2) provide for site 

10 preparation; or (3) install utilities for any family housing, 

11 except housing for which funds have been made available 

12 in annual Acts making appropriations for military con13 struction. 

14 SEC. 107. None of the funds made available in this 

15 title for minor construction may be used to transfer or 

16 relocate any activity from one base or installation to an17 other, without prior notification to the Committees on Ap18 propriations of both Houses of Congress. 

19 SEC. 108. None of the funds made available in this 

20 title may be used for the procurement of steel for any con21 struction project or activity for which American steel pro22 ducers, fabricators, and manufacturers have been denied 

23 the opportunity to compete for such steel procurement. 

24 SEC. 109. None of the funds available to the Depart25 ment of Defense for military construction or family housVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 ing during the current fiscal year may be used to pay real 

2 property taxes in any foreign nation. 

3 SEC. 110. None of the funds made available in this 

4 title may be used to initiate a new installation overseas 

5 without prior notification to the Committees on Appro6 priations of both Houses of Congress. 

7 SEC. 111. None of the funds made available in this 

8 title may be obligated for architect and engineer contracts 

9 estimated by the Government to exceed $500,000 for 

10 projects to be accomplished in Japan, in any North Atlan11 tic Treaty Organization member country, or in countries 

12 bordering the Arabian Sea, unless such contracts are 

13 awarded to United States firms or United States firms 

14 in joint venture with host nation firms. 

15 SEC. 112. None of the funds made available in this 

16 title for military construction in the United States terri17 tories and possessions in the Pacific and on Kwajalein 

18 Atoll, or in countries bordering the Arabian Sea, may be 

19 used to award any contract estimated by the Government 

20 to exceed $1,000,000 to a foreign contractor: Provided, 

21 That this section shall not be applicable to contract 

22 awards for which the lowest responsive and responsible bid 

23 of a United States contractor exceeds the lowest respon24 sive and responsible bid of a foreign contractor by greater 

25 than 20 percent: Provided further, That this section shall 


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1 not apply to contract awards for military construction on 

2 Kwajalein Atoll for which the lowest responsive and re3 sponsible bid is submitted by a Marshallese contractor. 

4 SEC. 113. The Secretary of Defense shall inform the 

5 appropriate committees of both Houses of Congress, in6 cluding the Committees on Appropriations, of plans and 

7 scope of any proposed military exercise involving United 

8 States personnel 30 days prior to its occurring, if amounts 

9 expended for construction, either temporary or permanent, 

10 are anticipated to exceed $100,000. 

11 SEC. 114. Funds appropriated to the Department of 

12 Defense for construction in prior years shall be available 

13 for construction authorized for each such military depart14 ment by the authorizations enacted into law during the 

15 current session of Congress. 

16 SEC. 115. Not more than 20 percent of the funds 

17 made available in this title which are limited for obligation 

18 during the current fiscal year shall be obligated during 

19 the last 2 months of the fiscal year. 

20 SEC. 116. For military construction or family housing 

21 projects that are being completed with funds otherwise ex22 pired or lapsed for obligation, expired or lapsed funds may 

23 be used to pay the cost of associated supervision, inspec24 tion, overhead, engineering and design on those projects 

25 and on subsequent claims, if any. 


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1 SEC. 117. Notwithstanding any other provision of 

2 law, any funds made available to a military department 

3 or defense agency for the construction of military projects 

4 may be obligated for a military construction project or 

5 contract, or for any portion of such a project or contract, 

6 at any time before the end of the fourth fiscal year after 

7 the fiscal year for which funds for such project were made 

8 available, if the funds obligated for such project: (1) are 

9 obligated from funds available for military construction 

10 projects; and (2) do not exceed the amount appropriated 

11 for such project, plus any amount by which the cost of 

12 such project is increased pursuant to law. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 118. In addition to any other transfer authority 

15 available to the Department of Defense, proceeds depos16 ited to the Department of Defense Base Closure Account 

17 established by section 207(a)(1) of the Defense Authoriza18 tion Amendments and Base Closure and Realignment Act 

19 (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 

20 of such Act, may be transferred to the account established 

21 by section 2906(a)(1) of the Defense Base Closure and 

22 Realignment Act of 1990 (10 U.S.C. 2687 note), to be 

23 merged with, and to be available for the same purposes 

24 and the same time period as that account. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 119. Subject to 30 days prior notification, or 

3 14 days for a notification provided in an electronic me4 dium pursuant to sections 480 and 2883 of title 10, 

5 United States Code, to the Committees on Appropriations 

6 of both Houses of Congress, such additional amounts as 

7 may be determined by the Secretary of Defense may be 

8 transferred to: (1) the Department of Defense Family 

9 Housing Improvement Fund from amounts appropriated 

10 for construction in ‘‘Family Housing’’ accounts, to be 

11 merged with and to be available for the same purposes 

12 and for the same period of time as amounts appropriated 

13 directly to the Fund; or (2) the Department of Defense 

14 Military Unaccompanied Housing Improvement Fund 

15 from amounts appropriated for construction of military 

16 unaccompanied housing in ‘‘Military Construction’’ ac17 counts, to be merged with and to be available for the same 

18 purposes and for the same period of time as amounts ap19 propriated directly to the Fund: Provided, That appropria20 tions made available to the Funds shall be available to 

21 cover the costs, as defined in section 502(5) of the Con22 gressional Budget Act of 1974, of direct loans or loan 

23 guarantees issued by the Department of Defense pursuant 

24 to the provisions of subchapter IV of chapter 169 of title 

25 10, United States Code, pertaining to alternative means 


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1 of acquiring and improving military family housing, mili2 tary unaccompanied housing, and supporting facilities. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 120. In addition to any other transfer authority 

5 available to the Department of Defense, amounts may be 

6 transferred from the accounts established by sections 

7 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

8 and Realignment Act of 1990 (10 U.S.C. 2687 note), to 

9 the fund established by section 1013(d) of the Demonstra10 tion Cities and Metropolitan Development Act of 1966 (42 

11 U.S.C. 3374) to pay for expenses associated with the 

12 Homeowners Assistance Program incurred under 42 

13 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be 

14 merged with and be available for the same purposes and 

15 for the same time period as the fund to which transferred. 

16 SEC. 121. Notwithstanding any other provision of 

17 law, funds made available in this title for operation and 

18 maintenance of family housing shall be the exclusive 

19 source of funds for repair and maintenance of all family 

20 housing units, including general or flag officer quarters: 

21 Provided, That not more than $35,000 per unit may be 

22 spent annually for the maintenance and repair of any gen23 eral or flag officer quarters without 30 days prior notifica24 tion, or 14 days for a notification provided in an electronic 

25 medium pursuant to sections 480 and 2883 of title 10, 


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1 United States Code, to the Committees on Appropriations 

2 of both Houses of Congress, except that an after-the-fact 

3 notification shall be submitted if the limitation is exceeded 

4 solely due to costs associated with environmental remedi5 ation that could not be reasonably anticipated at the time 

6 of the budget submission: Provided further, That the 

7 Under Secretary of Defense (Comptroller) is to report an8 nually to the Committees on Appropriations of both 

9 Houses of Congress all operation and maintenance ex10 penditures for each individual general or flag officer quar11 ters for the prior fiscal year. 

12 SEC. 122. Amounts contained in the Ford Island Im13 provement Account established by subsection (h) of sec14 tion 2814 of title 10, United States Code, are appro15 priated and shall be available until expended for the pur16 poses specified in subsection (i)(1) of such section or until 

17 transferred pursuant to subsection (i)(3) of such section. 

18 SEC. 123. None of the funds made available in this 

19 title, or in any Act making appropriations for military con20 struction which remain available for obligation, may be ob21 ligated or expended to carry out a military construction, 

22 land acquisition, or family housing project at or for a mili23 tary installation approved for closure, or at a military in24 stallation for the purposes of supporting a function that 

25 has been approved for realignment to another installation, 


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1 in 2005 under the Defense Base Closure and Realignment 

2 Act of 1990 (part A of title XXIX of Public Law 101– 

3 510; 10 U.S.C. 2687 note), unless such a project at a mili4 tary installation approved for realignment will support a 

5 continuing mission or function at that installation or a 

6 new mission or function that is planned for that installa7 tion, or unless the Secretary of Defense certifies that the 

8 cost to the United States of carrying out such project 

9 would be less than the cost to the United States of cancel10 ling such project, or if the project is at an active compo11 nent base that shall be established as an enclave or in the 

12 case of projects having multi-agency use, that another 

13 Government agency has indicated it will assume ownership 

14 of the completed project. The Secretary of Defense may 

15 not transfer funds made available as a result of this limi16 tation from any military construction project, land acquisi17 tion, or family housing project to another account or use 

18 such funds for another purpose or project without the 

19 prior approval of the Committees on Appropriations of 

20 both Houses of Congress. This section shall not apply to 

21 military construction projects, land acquisition, or family 

22 housing projects for which the project is vital to the na23 tional security or the protection of health, safety, or envi24 ronmental quality: Provided, That the Secretary of De25 fense shall notify the congressional defense committees 


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1 within seven days of a decision to carry out such a military 

2 construction project. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 124. During the 5-year period after appropria5 tions available in this Act to the Department of Defense 

6 for military construction and family housing operation and 

7 maintenance and construction have expired for obligation, 

8 upon a determination that such appropriations will not be 

9 necessary for the liquidation of obligations or for making 

10 authorized adjustments to such appropriations for obliga11 tions incurred during the period of availability of such ap12 propriations, unobligated balances of such appropriations 

13 may be transferred into the appropriation ‘‘Foreign Cur14 rency Fluctuations, Construction, Defense’’, to be merged 

15 with and to be available for the same time period and for 

16 the same purposes as the appropriation to which trans17 ferred. 

18 SEC. 125. None of the funds made available by this 

19 Act may be used by the Secretary of Defense to take bene20 ficial occupancy of more than 2,500 parking spaces (other 

21 than handicap-reserved spaces) to be provided by the 

22 BRAC 133 project: Provided, That this limitation may be 

23 waived in part if: (1) the Secretary of Defense certifies 

24 to Congress that levels of service at existing intersections 

25 in the vicinity of the project have not experienced failing 


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1 levels of service as defined by the Transportation Research 

2 Board Highway Capacity Manual over a consecutive 90- 

3 day period; (2) the Department of Defense and the Vir4 ginia Department of Transportation agree on the number 

5 of additional parking spaces that may be made available 

6 to employees of the facility subject to continued 90-day 

7 traffic monitoring; and (3) the Secretary of Defense noti8 fies the congressional defense committees in writing at 

9 least 14 days prior to exercising this waiver of the number 

10 of additional parking spaces to be made available. 

11 SEC. 126. None of the funds made available by this 

12 Act may be used for any action that relates to or promotes 

13 the expansion of the boundaries or size of the Pinon Can14 yon Maneuver Site, Colorado. 

15 SEC. 127. Amounts appropriated or otherwise made 

16 available in an account funded under the headings in this 

17 title may be transferred among projects and activities 

18 within the account in accordance with the reprogramming 

19 guidelines for military construction and family housing 

20 construction contained in Department of Defense Finan21 cial Management Regulation 7000.14–R, Volume 3, Chap22 ter 7, of February 2009, as in effect on the date of enact23 ment of this Act. 

24 SEC. 128. (a) Except as provided in subsection (b), 

25 none of the funds made available in this Act may be used 


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1 by the Secretary of the Army to relocate a unit in the 

2 Army that— 

3 (1) performs a testing mission or function that 

4 is not performed by any other unit in the Army and 

5 is specifically stipulated in title 10, United States 

6 Code; and 

7 (2) is located at a military installation at which 

8 the total number of civilian employees of the Depart9 ment of the Army and Army contractor personnel 

10 employed exceeds 10 percent of the total number of 

11 members of the regular and reserve components of 

12 the Army assigned to the installation. 

13 (b) EXCEPTION.—Subsection (a) shall not apply if 

14 the Secretary of the Army certifies to the congressional 

15 defense committees that in proposing the relocation of the 

16 unit of the Army, the Secretary complied with Army Regu17 lation 5–10 relating to the policy, procedures, and respon18 sibilities for Army stationing actions. 

19 SEC. 129. Notwithstanding any other provision of 

20 law, none of the funds made available to the Department 

21 of Defense for military construction in this or any other 

22 Act, may be obligated or expended for planning and design 

23 and construction of projects at Arlington National Ceme24 tery. 


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1 (INCLUDING RESCISSION OF FUNDS)

2 SEC. 130. Of the unobligated balances available for 

3 ‘‘Military Construction, Defense-Wide’’, from prior appro4 priations Acts, $20,000,000 are hereby cancelled: Pro5 vided, That no amounts may be cancelled from amounts 

6 that were designated by Congress as an emergency re7 quirement or for Overseas Contingency Operations/Global 

8 War on Terrorism pursuant to the Concurrent Resolution 

9 on the Budget or the Balanced Budget and Emergency 

10 Deficit Control Act of 1985, as amended. 

11 (INCLUDING RESCISSION OF FUNDS)

12 SEC. 131. Of the unobligated balances available for 

13 ‘‘Department of Defense Base Closure Account 2005’’, 

14 from prior appropriations Acts, $132,513,000 are hereby 

15 cancelled: Provided, That no amounts may be cancelled 

16 from amounts that were designated by Congress as an 

17 emergency requirement or for Overseas Contingency Oper18 ations/Global War on Terrorism pursuant to the Concur19 rent Resolution on the Budget or the Balanced Budget 

20 and Emergency Deficit Control Act of 1985, as amended. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 132. Of the proceeds credited to the Depart23 ment of Defense Family Housing Improvement Fund pur24 suant to subsection (c)(1)(C) of section 2883 of title 10, 

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1 veyance, the Secretary of Defense shall transfer 

2 $10,500,000 to the Secretary of the Navy under para3 graph (3) of subsection (d) of such section for use by the 

4 Secretary of the Navy as provided in paragraph (1) of 

5 such subsection until expended. 

6 TITLE II 

7 DEPARTMENT OF VETERANS AFFAIRS 

8 VETERANS BENEFITS ADMINISTRATION

9 COMPENSATION AND PENSIONS

10 (INCLUDING TRANSFER OF FUNDS)

11 For the payment of compensation benefits to or on 

12 behalf of veterans and a pilot program for disability ex13 aminations as authorized by section 107 and chapters 11, 

14 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 

15 pension benefits to or on behalf of veterans as authorized 

16 by chapters 15, 51, 53, 55, and 61 of title 38, United 

17 States Code; and burial benefits, the Reinstated Entitle18 ment Program for Survivors, emergency and other offi19 cers’ retirement pay, adjusted-service credits and certifi20 cates, payment of premiums due on commercial life insur21 ance policies guaranteed under the provisions of title IV 

22 of the Servicemembers Civil Relief Act (50 U.S.C. App. 

23 541 et seq.) and for other benefits as authorized by sec24 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 

25 53, 55, and 61 of title 38, United States Code, 


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1 $60,599,855,000, to remain available until expended: Pro2 vided, That not to exceed $9,204,000 of the amount ap3 propriated under this heading shall be reimbursed to 

4 ‘‘General operating expenses, Veterans Benefits Adminis5 tration’’, ‘‘Medical support and compliance’’, and ‘‘Infor6 mation technology systems’’ for necessary expenses in im7 plementing the provisions of chapters 51, 53, and 55 of 

8 title 38, United States Code, the funding source for which 

9 is specifically provided as the ‘‘Compensation and pen10 sions’’ appropriation: Provided further, That such sums as 

11 may be earned on an actual qualifying patient basis, shall 

12 be reimbursed to ‘‘Medical care collections fund’’ to aug13 ment the funding of individual medical facilities for nurs14 ing home care provided to pensioners as authorized. 

15 READJUSTMENT BENEFITS

16 For the payment of readjustment and rehabilitation 

17 benefits to or on behalf of veterans as authorized by chap18 ters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 

19 61 of title 38, United States Code, and for the payment 

20 of benefits under the Veterans Retraining Assistance Pro21 gram, $12,023,458,000, to remain available until ex22 pended: Provided, That expenses for rehabilitation pro23 gram services and assistance which the Secretary is au24 thorized to provide under subsection (a) of section 3104 

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1 graphs (1), (2), (5), and (11) of that subsection, shall be 

2 charged to this account. 

3 VETERANS INSURANCE AND INDEMNITIES

4 For military and naval insurance, national service life 

5 insurance, servicemen’s indemnities, service-disabled vet6 erans insurance, and veterans mortgage life insurance as 

7 authorized by chapters 19 and 21, title 38, United States 

8 Code, $104,600,000, to remain available until expended. 

9 VETERANS HOUSING BENEFIT PROGRAM FUND

10 For the cost of direct and guaranteed loans, such 

11 sums as may be necessary to carry out the program, as 

12 authorized by subchapters I through III of chapter 37 of 

13 title 38, United States Code: Provided, That such costs, 

14 including the cost of modifying such loans, shall be as de15 fined in section 502 of the Congressional Budget Act of 

16 1974: Provided further, That during fiscal year 2013, 

17 within the resources available, not to exceed $500,000 in 

18 gross obligations for direct loans are authorized for spe19 cially adapted housing loans. 

20 In addition, for administrative expenses to carry out 

21 the direct and guaranteed loan programs, $157,814,000. 

22 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

23 For the cost of direct loans, $19,000, as authorized 

24 by chapter 31 of title 38, United States Code: Provided, 

25 That such costs, including the cost of modifying such 


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1 loans, shall be as defined in section 502 of the Congres2 sional Budget Act of 1974: Provided further, That funds 

3 made available under this heading are available to sub4 sidize gross obligations for the principal amount of direct 

5 loans not to exceed $2,729,000. 

6 In addition, for administrative expenses necessary to 

7 carry out the direct loan program, $346,000, which may 

8 be paid to the appropriation for ‘‘General operating ex9 penses, Veterans Benefits Administration’’. 

10 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

11 ACCOUNT

12 For administrative expenses to carry out the direct 

13 loan program authorized by subchapter V of chapter 37 

14 of title 38, United States Code, $1,089,000. 

15 VETERANS HEALTH ADMINISTRATION

16 MEDICAL SERVICES

17 For necessary expenses for furnishing, as authorized 

18 by law, inpatient and outpatient care and treatment to 

19 beneficiaries of the Department of Veterans Affairs and 

20 veterans described in section 1705(a) of title 38, United 

21 States Code, including care and treatment in facilities not 

22 under the jurisdiction of the Department, and including 

23 medical supplies and equipment, bioengineering services, 

24 food services, and salaries and expenses of healthcare em25 ployees hired under title 38, United States Code, aid to 


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1 State homes as authorized by section 1741 of title 38, 

2 United States Code, assistance and support services for 

3 caregivers as authorized by section 1720G of title 38, 

4 United States Code, loan repayments authorized by sec5 tion 604 of the Caregivers and Veterans Omnibus Health 

6 Services Act of 2010 (Public Law 111–163; 124 Stat. 

7 1174; 38 U.S.C. 7681 note), and hospital care and med8 ical services authorized by section 1787 of title 38, United 

9 States Code; $155,000,000, which shall be in addition to 

10 funds previously appropriated under this heading that be11 come available on October 1, 2012; and in addition, 

12 $43,557,000,000, plus reimbursements, shall become 

13 available on October 1, 2013, and shall remain available 

14 until September 30, 2014: Provided, That notwithstanding 

15 any other provision of law, the Secretary of Veterans Af16 fairs shall establish a priority for the provision of medical 

17 treatment for veterans who have service-connected disabil18 ities, lower income, or have special needs: Provided further, 

19 That notwithstanding any other provision of law, the Sec20 retary of Veterans Affairs shall give priority funding for 

21 the provision of basic medical benefits to veterans in en22 rollment priority groups 1 through 6: Provided further, 

23 That notwithstanding any other provision of law, the Sec24 retary of Veterans Affairs may authorize the dispensing 

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1 tion facilities to enrolled veterans with privately written 

2 prescriptions based on requirements established by the 

3 Secretary: Provided further, That the implementation of 

4 the program described in the previous proviso shall incur 

5 no additional cost to the Department of Veterans Affairs. 

6 MEDICAL SUPPORT AND COMPLIANCE

7 For necessary expenses in the administration of the 

8 medical, hospital, nursing home, domiciliary, construction, 

9 supply, and research activities, as authorized by law; ad10 ministrative expenses in support of capital policy activi11 ties; and administrative and legal expenses of the Depart12 ment for collecting and recovering amounts owed the De13 partment as authorized under chapter 17 of title 38, 

14 United States Code, and the Federal Medical Care Recov15 ery Act (42 U.S.C. 2651 et seq.); $6,033,000,000, plus 

16 reimbursements, shall become available on October 1, 

17 2013, and shall remain available until September 30, 

18 2014. 

19 MEDICAL FACILITIES

20 For necessary expenses for the maintenance and op21 eration of hospitals, nursing homes, domiciliary facilities, 

22 and other necessary facilities of the Veterans Health Ad23 ministration; for administrative expenses in support of 

24 planning, design, project management, real property ac25 quisition and disposition, construction, and renovation of 


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1 any facility under the jurisdiction or for the use of the 

2 Department; for oversight, engineering, and architectural 

3 activities not charged to project costs; for repairing, alter4 ing, improving, or providing facilities in the several hos5 pitals and homes under the jurisdiction of the Depart6 ment, not otherwise provided for, either by contract or by 

7 the hire of temporary employees and purchase of mate8 rials; for leases of facilities; and for laundry services, 

9 $4,872,000,000, plus reimbursements, shall become avail10 able on October 1, 2013, and shall remain available until 

11 September 30, 2014. 

12 MEDICAL AND PROSTHETIC RESEARCH

13 For necessary expenses in carrying out programs of 

14 medical and prosthetic research and development as au15 thorized by chapter 73 of title 38, United States Code, 

16 $582,674,000, plus reimbursements, shall remain avail17 able until September 30, 2014. 

18 NATIONAL CEMETERY ADMINISTRATION

19 For necessary expenses of the National Cemetery Ad20 ministration for operations and maintenance, not other21 wise provided for, including uniforms or allowances there22 for; cemeterial expenses as authorized by law; purchase 

23 of one passenger motor vehicle for use in cemeterial oper24 ations; hire of passenger motor vehicles; and repair, alter25 ation or improvement of facilities under the jurisdiction 


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1 of the National Cemetery Administration, $258,284,000, 

2 of which not to exceed $25,828,000 shall remain available 

3 until September 30, 2014: Provided, That none of the 

4 funds under this heading may be used to expand the 

5 Urban Initiative project beyond those sites outlined in the 

6 fiscal year 2012 or previous budget submissions or any 

7 other rural strategy, other than the Rural Initiative in8 cluded in the fiscal year 2013 budget submission, until 

9 the Secretary of Veterans Affairs submits to the Commit10 tees on Appropriations of both Houses of Congress a strat11 egy to serve the burial needs of veterans residing in rural 

12 and highly rural areas and that strategy has been ap13 proved by the Committees: Provided further, That the 

14 strategy shall include: (1) A review of previous policies of 

15 the National Cemetery Administration regarding estab16 lishment of new national cemeteries, including whether the 

17 guidelines of the Administration for establishing national 

18 cemetery annexes remain valid; (2) Data identifying the 

19 number of and geographic areas where rural veterans are 

20 not currently served by national or existing State ceme21 teries and identification of areas with the largest unserved 

22 populations, broken down by veterans residing in urban 

23 versus rural and highly rural; (3) Identification of the 

24 number of veterans who reside within the 75-mile radius 

25 of a cemetery that is limited to cremations or of a State 


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1 cemetery which has residency restrictions, as well as an 

2 examination of how many communities that fall under a 

3 75-mile radius have an actual driving distance greater 

4 than 75 miles; (4) Reassessment of the gaps in service, 

5 factoring in the above conditions that limit rural and high6 ly rural veteran burial options; (5) An assessment of the 

7 adequacy of the policy of the Administration on estab8 lishing new cemeteries proposed in the fiscal year 2013 

9 budget request; (6) Recommendations for an appropriate 

10 policy on new national cemeteries to serve rural or highly 

11 rural areas; (7) Development of a national map showing 

12 the locations and number of all unserved veterans; and 

13 (8) A time line for the implementation of such strategy 

14 and cost estimates for using the strategy to establish new 

15 burial sites in at least five rural or highly rural locations: 

16 Provided further, That the Comptroller General of the 

17 United States shall review the strategy to ensure that it 

18 includes the elements listed above: Provided further, That 

19 this strategy shall be submitted no later than 180 days 

20 after the date of enactment of this Act: Provided further, 

21 That the Secretary of Veterans Affairs shall issue guide22 lines on committal services held at cemeteries under the 

23 jurisdiction of the National Cemetery Administration to 

24 ensure that: (1) veterans’ families may arrange to hold 

25 committal services with any religious or secular content 


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1 they desire; (2) the choice by a family of an honor guard 

2 and the content and presentation of military honors may 

3 not be interfered with; and (3) attendance at committal 

4 services by outside organizations dedicated to the support 

5 of veterans will not be constrained except at the request 

6 of family members: Provided further, That the Department 

7 shall not edit, control, or exercise prior restraints on the 

8 content of religious speech and expression by speakers at 

9 events at veterans national cemeteries except as provided 

10 in section 2413 of title 38, United States Code: Provided 

11 further, That actions permitted by the foregoing provisos 

12 shall be subject to compliance with Department security, 

13 safety, and law enforcement regulations. 

14 DEPARTMENTAL ADMINISTRATION

15 GENERAL ADMINISTRATION

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary operating expenses of the Department 

18 of Veterans Affairs, not otherwise provided for, including 

19 administrative expenses in support of Department-Wide 

20 capital planning, management and policy activities, uni21 forms, or allowances therefor; not to exceed $25,000 for 

22 official reception and representation expenses; hire of pas23 senger motor vehicles; and reimbursement of the General 

24 Services Administration for security guard services, 

25 $424,737,000, of which not to exceed $20,837,000 shall 


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1 remain available until September 30, 2014: Provided, 

2 That the Board of Veterans Appeals shall be funded at 

3 not less than $86,006,000: Provided further, That of the 

4 funds made available under this heading, such sums as 

5 may be necessary shall be available to the Secretary of 

6 Veterans Affairs to comply with the Department’s energy 

7 management requirements under section 543(f)(7) of the 

8 National Energy Conservation Policy Act (42 U.S.C. 

9 8253(f)(7)): Provided further, That funds provided under 

10 this heading may be transferred to ‘‘General operating ex11 penses, Veterans Benefits Administration’’. 

12 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

13 ADMINISTRATION

14 For necessary operating expenses of the Veterans 

15 Benefits Administration, not otherwise provided for, in16 cluding hire of passenger motor vehicles, reimbursement 

17 of the General Services Administration for security guard 

18 services, and reimbursement of the Department of De19 fense for the cost of overseas employee mail, 

20 $2,164,074,000: Provided, That expenses for services and 

21 assistance authorized under paragraphs (1), (2), (5), and 

22 (11) of section 3104(a) of title 38, United States Code, 

23 that the Secretary of Veterans Affairs determines are nec24 essary to enable entitled veterans: (1) to the maximum ex25 tent feasible, to become employable and to obtain and 


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1 maintain suitable employment; or (2) to achieve maximum 

2 independence in daily living, shall be charged to this ac3 count: Provided further, That of the funds made available 

4 under this heading, not to exceed $113,000,000 shall re5 main available until September 30, 2014. 

6 INFORMATION TECHNOLOGY SYSTEMS

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses for information technology 

9 systems and telecommunications support, including devel10 opmental information systems and operational information 

11 systems; for pay and associated costs; and for the capital 

12 asset acquisition of information technology systems, in13 cluding management and related contractual costs of said 

14 acquisitions, including contractual costs associated with 

15 operations authorized by section 3109 of title 5, United 

16 States Code, $3,327,444,000, plus reimbursements: Pro17 vided, That $1,021,000,000 shall be for pay and associ18 ated costs, of which not to exceed $30,630,000 shall re19 main available until September 30, 2014: Provided further, 

20 That $1,812,045,000 shall be for operations and mainte21 nance, of which not to exceed $126,000,000 shall remain 

22 available until September 30, 2014: Provided further, That 

23 $494,399,000 shall be for information technology systems 

24 development, modernization, and enhancement, and shall 

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1 ther, That amounts made available for information tech2 nology systems development, modernization, and enhance3 ment may not be obligated or expended until the Secretary 

4 of Veterans Affairs or the Chief Information Officer of 

5 the Department of Veterans Affairs submits to the Com6 mittees on Appropriations of both Houses of Congress a 

7 certification of the amounts, in parts or in full, to be obli8 gated and expended for each development project: Pro9 vided further, That amounts made available for salaries 

10 and expenses, operations and maintenance, and informa11 tion technology systems development, modernization, and 

12 enhancement may be transferred among the three sub-ac13 counts after the Secretary of Veterans Affairs requests 

14 from the Committees on Appropriations of both Houses 

15 of Congress the authority to make the transfer and an 

16 approval is issued: Provided further, That amounts made 

17 available for the ‘‘Information technology systems’’ ac18 count for development, modernization, and enhancement 

19 may be transferred between projects or to newly defined 

20 projects: Provided further, That no project may be in21 creased or decreased by more than $1,000,000 of cost 

22 prior to submitting a request to the Committees on Appro23 priations of both Houses of Congress to make the transfer 

24 and an approval is issued, or absent a response, a period 

25 of 30 days has elapsed: Provided further, That of the funds 


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1 provided for information technology systems development, 

2 modernization, and enhancement for the development of 

3 a joint Department of Defense—Department of Veterans 

4 Affairs (DOD–VA) integrated electronic health record 

5 (iEHR), not more than 25 percent may be obligated until 

6 the DOD–VA Interagency Program Office submits to the 

7 Committees on Appropriations of both Houses of Con8 gress, and such Committees approve, a plan for expendi9 ture that: (1) defines the budget and cost baseline for de10 velopment of the integrated Electronic Health Record; (2) 

11 identifies the deployment timeline for the system for both 

12 Agencies; (3) breaks out annual and total spending for 

13 each Department; (4) relays detailed cost-sharing business 

14 rules; (5) establishes data standardization schedules be15 tween the Departments; (6) has been submitted to the 

16 Government Accountability Office for review; and (7) com17 plies with the acquisition rules, requirements, guidelines, 

18 and systems acquisition management practices of the Fed19 eral Government: Provided further, That the funds made 

20 available under this heading for information technology 

21 systems development, modernization, and enhancement, 

22 shall be for the projects, and in the amounts, specified 

23 under this heading in the explanatory statement described 

24 in section 4 (in the matter preceding division A of this 

25 consolidated Act). 


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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General, to include information technology, in carrying out 

4 the provisions of the Inspector General Act of 1978 (5 

5 U.S.C. App.), $115,000,000, of which $6,000,000 shall re6 main available until September 30, 2014. 

7 CONSTRUCTION, MAJOR PROJECTS

8 For constructing, altering, extending, and improving 

9 any of the facilities, including parking projects, under the 

10 jurisdiction or for the use of the Department of Veterans 

11 Affairs, or for any of the purposes set forth in sections 

12 316, 2404, 2406, and chapter 81 of title 38, United States 

13 Code, not otherwise provided for, including planning, ar14 chitectural and engineering services, construction manage15 ment services, maintenance or guarantee period services 

16 costs associated with equipment guarantees provided 

17 under the project, services of claims analysts, offsite utility 

18 and storm drainage system construction costs, and site ac19 quisition, where the estimated cost of a project is more 

20 than the amount set forth in section 8104(a)(3)(A) of title 

21 38, United States Code, or where funds for a project were 

22 made available in a previous major project appropriation, 

23 $532,470,000, of which $502,470,000 shall remain avail24 able until September 30, 2017, and of which $30,000,000 

25 shall remain available until expended: Provided, That 


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1 $5,000,000 shall be to make reimbursements as provided 

2 in section 7108 of title 41, United States Code, for claims 

3 paid for contract disputes: Provided further, That except 

4 for advance planning activities, including needs assess5 ments which may or may not lead to capital investments, 

6 and other capital asset management related activities, in7 cluding portfolio development and management activities, 

8 and investment strategy studies funded through the ad9 vance planning fund and the planning and design activities 

10 funded through the design fund, including needs assess11 ments which may or may not lead to capital investments, 

12 and salaries and associated costs of the resident engineers 

13 who oversee those capital investments funded through this 

14 account, and funds provided for the purchase of land for 

15 the National Cemetery Administration through the land 

16 acquisition line item, none of the funds made available 

17 under this heading shall be used for any project which has 

18 not been approved by the Congress in the budgetary proc19 ess: Provided further, That funds made available under 

20 this heading for fiscal year 2013, for each approved 

21 project shall be obligated: (1) by the awarding of a con22 struction documents contract by September 30, 2013; and 

23 (2) by the awarding of a construction contract by Sep24 tember 30, 2014: Provided further, That the Secretary of 

25 Veterans Affairs shall promptly submit to the Committees 


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1 on Appropriations of both Houses of Congress a written 

2 report on any approved major construction project for 

3 which obligations are not incurred within the time limita4 tions established above. 

5 CONSTRUCTION, MINOR PROJECTS

6 For constructing, altering, extending, and improving 

7 any of the facilities, including parking projects, under the 

8 jurisdiction or for the use of the Department of Veterans 

9 Affairs, including planning and assessments of needs 

10 which may lead to capital investments, architectural and 

11 engineering services, maintenance or guarantee period 

12 services costs associated with equipment guarantees pro13 vided under the project, services of claims analysts, offsite 

14 utility and storm drainage system construction costs, and 

15 site acquisition, or for any of the purposes set forth in 

16 sections 316, 2404, 2406, and chapter 81 of title 38, 

17 United States Code, not otherwise provided for, where the 

18 estimated cost of a project is equal to or less than the 

19 amount set forth in section 8104(a)(3)(A) of title 38, 

20 United States Code, $607,530,000, to remain available 

21 until September 30, 2017, along with unobligated balances 

22 of previous ‘‘Construction, minor projects’’ appropriations 

23 which are hereby made available for any project where the 

24 estimated cost is equal to or less than the amount set forth 

25 in such section: Provided, That funds made available 


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1 under this heading shall be for: (1) repairs to any of the 

2 nonmedical facilities under the jurisdiction or for the use 

3 of the Department which are necessary because of loss or 

4 damage caused by any natural disaster or catastrophe; 

5 and (2) temporary measures necessary to prevent or to 

6 minimize further loss by such causes. 

7 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

8 FACILITIES

9 For grants to assist States to acquire or construct 

10 State nursing home and domiciliary facilities and to re11 model, modify, or alter existing hospital, nursing home, 

12 and domiciliary facilities in State homes, for furnishing 

13 care to veterans as authorized by sections 8131 through 

14 8137 of title 38, United States Code, $85,000,000, to re15 main available until expended. 

16 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

17 For grants to assist States and tribal governments 

18 in establishing, expanding, or improving veterans ceme19 teries as authorized by section 2408 of title 38, United 

20 States Code, $46,000,000, to remain available until ex21 pended. 

22 ADMINISTRATIVE PROVISIONS

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 201. Any appropriation for fiscal year 2013 for 

25 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 


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1 and ‘‘Veterans insurance and indemnities’’ may be trans2 ferred as necessary to any other of the mentioned appro3 priations: Provided, That before a transfer may take place, 

4 the Secretary of Veterans Affairs shall request from the 

5 Committees on Appropriations of both Houses of Congress 

6 the authority to make the transfer and such Committees 

7 issue an approval, or absent a response, a period of 30 

8 days has elapsed. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 202. Amounts made available for the Depart11 ment of Veterans Affairs for fiscal year 2013, in this Act 

12 or any other Act, under the ‘‘Medical services’’, ‘‘Medical 

13 support and compliance’’, and ‘‘Medical facilities’’ ac14 counts may be transferred among the accounts: Provided, 

15 That any transfers between the ‘‘Medical services’’ and 

16 ‘‘Medical support and compliance’’ accounts of 1 percent 

17 or less of the total amount appropriated to the account 

18 in this or any other Act may take place subject to notifica19 tion from the Secretary of Veterans Affairs to the Com20 mittees on Appropriations of both Houses of Congress of 

21 the amount and purpose of the transfer: Provided further, 

22 That any transfers between the ‘‘Medical services’’ and 

23 ‘‘Medical support and compliance’’ accounts in excess of 

24 1 percent, or exceeding the cumulative 1 percent for the 

25 fiscal year, may take place only after the Secretary reVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 quests from the Committees on Appropriations of both 

2 Houses of Congress the authority to make the transfer 

3 and an approval is issued: Provided further, That any 

4 transfers to or from the ‘‘Medical facilities’’ account may 

5 take place only after the Secretary requests from the Com6 mittees on Appropriations of both Houses of Congress the 

7 authority to make the transfer and an approval is issued. 

8 SEC. 203. Appropriations available in this title for 

9 salaries and expenses shall be available for services au10 thorized by section 3109 of title 5, United States Code; 

11 hire of passenger motor vehicles; lease of a facility or land 

12 or both; and uniforms or allowances therefore, as author13 ized by sections 5901 through 5902 of title 5, United 

14 States Code. 

15 SEC. 204. No appropriations in this title (except the 

16 appropriations for ‘‘Construction, major projects’’, and 

17 ‘‘Construction, minor projects’’) shall be available for the 

18 purchase of any site for or toward the construction of any 

19 new hospital or home. 

20 SEC. 205. No appropriations in this title shall be 

21 available for hospitalization or examination of any persons 

22 (except beneficiaries entitled to such hospitalization or ex23 amination under the laws providing such benefits to vet24 erans, and persons receiving such treatment under sec25 tions 7901 through 7904 of title 5, United States Code, 


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1 or the Robert T. Stafford Disaster Relief and Emergency 

2 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim3 bursement of the cost of such hospitalization or examina4 tion is made to the ‘‘Medical services’’ account at such 

5 rates as may be fixed by the Secretary of Veterans Affairs. 

6 SEC. 206. Appropriations available in this title for 

7 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

8 and ‘‘Veterans insurance and indemnities’’ shall be avail9 able for payment of prior year accrued obligations re10 quired to be recorded by law against the corresponding 

11 prior year accounts within the last quarter of fiscal year 

12 2012. 

13 SEC. 207. Appropriations available in this title shall 

14 be available to pay prior year obligations of corresponding 

15 prior year appropriations accounts resulting from sections 

16 3328(a), 3334, and 3712(a) of title 31, United States 

17 Code, except that if such obligations are from trust fund 

18 accounts they shall be payable only from ‘‘Compensation 

19 and pensions’’. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 208. Notwithstanding any other provision of 

22 law, during fiscal year 2013, the Secretary of Veterans 

23 Affairs shall, from the National Service Life Insurance 

24 Fund under section 1920 of title 38, United States Code, 

25 the Veterans’ Special Life Insurance Fund under section 


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1 1923 of title 38, United States Code, and the United 

2 States Government Life Insurance Fund under section 

3 1955 of title 38, United States Code, reimburse the ‘‘Gen4 eral operating expenses, Veterans Benefits Administra5 tion’’ and ‘‘Information technology systems’’ accounts for 

6 the cost of administration of the insurance programs fi7 nanced through those accounts: Provided, That reimburse8 ment shall be made only from the surplus earnings accu9 mulated in such an insurance program during fiscal year 

10 2013 that are available for dividends in that program after 

11 claims have been paid and actuarially determined reserves 

12 have been set aside: Provided further, That if the cost of 

13 administration of such an insurance program exceeds the 

14 amount of surplus earnings accumulated in that program, 

15 reimbursement shall be made only to the extent of such 

16 surplus earnings: Provided further, That the Secretary 

17 shall determine the cost of administration for fiscal year 

18 2013 which is properly allocable to the provision of each 

19 such insurance program and to the provision of any total 

20 disability income insurance included in that insurance pro21 gram. 

22 SEC. 209. Amounts deducted from enhanced-use 

23 lease proceeds to reimburse an account for expenses in24 curred by that account during a prior fiscal year for proVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 viding enhanced-use lease services, may be obligated dur2 ing the fiscal year in which the proceeds are received. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 210. Funds available in this title or funds for 

5 salaries and other administrative expenses shall also be 

6 available to reimburse the Office of Resolution Manage7 ment of the Department of Veterans Affairs and the Of8 fice of Employment Discrimination Complaint Adjudica9 tion under section 319 of title 38, United States Code, 

10 for all services provided at rates which will recover actual 

11 costs but not to exceed $42,904,000 for the Office of Reso12 lution Management and $3,360,000 for the Office of Em13 ployment and Discrimination Complaint Adjudication: 

14 Provided, That payments may be made in advance for 

15 services to be furnished based on estimated costs: Provided 

16 further, That amounts received shall be credited to the 

17 ‘‘General administration’’ and ‘‘Information technology 

18 systems’’ accounts for use by the office that provided the 

19 service. 

20 SEC. 211. No appropriations in this title shall be 

21 available to enter into any new lease of real property if 

22 the estimated annual rental cost is more than $1,000,000, 

23 unless the Secretary submits a report which the Commit24 tees on Appropriations of both Houses of Congress apVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 prove within 30 days following the date on which the re2 port is received. 

3 SEC. 212. No funds of the Department of Veterans 

4 Affairs shall be available for hospital care, nursing home 

5 care, or medical services provided to any person under 

6 chapter 17 of title 38, United States Code, for a non-serv7 ice-connected disability described in section 1729(a)(2) of 

8 such title, unless that person has disclosed to the Sec9 retary of Veterans Affairs, in such form as the Secretary 

10 may require, current, accurate third-party reimbursement 

11 information for purposes of section 1729 of such title: Pro12 vided, That the Secretary may recover, in the same man13 ner as any other debt due the United States, the reason14 able charges for such care or services from any person who 

15 does not make such disclosure as required: Provided fur16 ther, That any amounts so recovered for care or services 

17 provided in a prior fiscal year may be obligated by the 

18 Secretary during the fiscal year in which amounts are re19 ceived. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 213. Notwithstanding any other provision of 

22 law, proceeds or revenues derived from enhanced-use leas23 ing activities (including disposal) may be deposited into 

24 the ‘‘Construction, major projects’’ and ‘‘Construction, 

25 minor projects’’ accounts and be used for construction (inVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 cluding site acquisition and disposition), alterations, and 

2 improvements of any medical facility under the jurisdic3 tion or for the use of the Department of Veterans Affairs. 

4 Such sums as realized are in addition to the amount pro5 vided for in ‘‘Construction, major projects’’ and ‘‘Con6 struction, minor projects’’. 

7 SEC. 214. Amounts made available under ‘‘Medical 

8 services’’ are available— 

9 (1) for furnishing recreational facilities, sup10 plies, and equipment; and 

11 (2) for funeral expenses, burial expenses, and 

12 other expenses incidental to funerals and burials for 

13 beneficiaries receiving care in the Department. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 215. Such sums as may be deposited to the 

16 Medical Care Collections Fund pursuant to section 1729A 

17 of title 38, United States Code, may be transferred to 

18 ‘‘Medical services’’, to remain available until expended for 

19 the purposes of that account. 

20 SEC. 216. The Secretary of Veterans Affairs may 

21 enter into agreements with Indian tribes and tribal organi22 zations which are party to the Alaska Native Health Com23 pact with the Indian Health Service, and Indian tribes and 

24 tribal organizations serving rural Alaska which have en25 tered into contracts with the Indian Health Service under 


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1 the Indian Self Determination and Educational Assistance 

2 Act, to provide healthcare, including behavioral health and 

3 dental care. The Secretary shall require participating vet4 erans and facilities to comply with all appropriate rules 

5 and regulations, as established by the Secretary. The term 

6 ‘‘rural Alaska’’ shall mean those lands sited within the ex7 ternal boundaries of the Alaska Native regions specified 

8 in sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native 

9 Claims Settlement Act, as amended (43 U.S.C. 1606), and 

10 those lands within the Alaska Native regions specified in 

11 sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims 

12 Settlement Act, as amended (43 U.S.C. 1606), which are 

13 not within the boundaries of the municipality of Anchor14 age, the Fairbanks North Star Borough, the Kenai Penin15 sula Borough or the Matanuska Susitna Borough. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 217. Such sums as may be deposited to the De18 partment of Veterans Affairs Capital Asset Fund pursu19 ant to section 8118 of title 38, United States Code, may 

20 be transferred to the ‘‘Construction, major projects’’ and 

21 ‘‘Construction, minor projects’’ accounts, to remain avail22 able until expended for the purposes of these accounts. 

23 SEC. 218. None of the funds made available in this 

24 title may be used to implement any policy prohibiting the 

25 Directors of the Veterans Integrated Services Networks 


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1 from conducting outreach or marketing to enroll new vet2 erans within their respective Networks. 

3 SEC. 219. The Secretary of Veterans Affairs shall 

4 submit to the Committees on Appropriations of both 

5 Houses of Congress a quarterly report on the financial 

6 status of the Veterans Health Administration. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 220. Amounts made available under the ‘‘Med9 ical services’’, ‘‘Medical support and compliance’’, ‘‘Med10 ical facilities’’, ‘‘General operating expenses, Veterans 

11 Benefits Administration’’, ‘‘General administration’’, and 

12 ‘‘National Cemetery Administration’’ accounts for fiscal 

13 year 2013, may be transferred to or from the ‘‘Informa14 tion technology systems’’ account: Provided, That before 

15 a transfer may take place, the Secretary of Veterans Af16 fairs shall request from the Committees on Appropriations 

17 of both Houses of Congress the authority to make the 

18 transfer and an approval is issued. 

19 SEC. 221. None of the funds appropriated or other20 wise made available by this Act or any other Act for the 

21 Department of Veterans Affairs may be used in a manner 

22 that is inconsistent with: (1) section 842 of the Transpor23 tation, Treasury, Housing and Urban Development, the 

24 Judiciary, the District of Columbia, and Independent 

25 Agencies Appropriations Act, 2006 (Public Law 109–115; 


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1 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, 

2 United States Code. 

3 SEC. 222. Of the amounts made available to the De4 partment of Veterans Affairs for fiscal year 2013, in this 

5 Act or any other Act, under the ‘‘Medical facilities’’ ac6 count for nonrecurring maintenance, not more than 20 

7 percent of the funds made available shall be obligated dur8 ing the last 2 months of that fiscal year: Provided, That 

9 the Secretary may waive this requirement after providing 

10 written notice to the Committees on Appropriations of 

11 both Houses of Congress. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 223. Of the amounts appropriated to the De14 partment of Veterans Affairs for fiscal year 2013 for 

15 ‘‘Medical services’’, ‘‘Medical support and compliance’’, 

16 ‘‘Medical facilities’’, ‘‘Construction, minor projects’’, and 

17 ‘‘Information technology systems’’, up to $247,356,000, 

18 plus reimbursements, may be transferred to the Joint De19 partment of Defense-Department of Veterans Affairs 

20 Medical Facility Demonstration Fund, established by sec21 tion 1704 of the National Defense Authorization Act for 

22 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) 

23 and may be used for operation of the facilities designated 

24 as combined Federal medical facilities as described by sec25 tion 706 of the Duncan Hunter National Defense AuthorVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 ization Act for Fiscal Year 2009 (Public Law 110–417; 

2 122 Stat. 4500): Provided, That additional funds may be 

3 transferred from accounts designated in this section to the 

4 Joint Department of Defense-Department of Veterans Af5 fairs Medical Facility Demonstration Fund upon written 

6 notification by the Secretary of Veterans Affairs to the 

7 Committees on Appropriations of both Houses of Con8 gress. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 224. Such sums as may be deposited to the 

11 Medical Care Collections Fund pursuant to section 1729A 

12 of title 38, United States Code, for healthcare provided 

13 at facilities designated as combined Federal medical facili14 ties as described by section 706 of the Duncan Hunter 

15 National Defense Authorization Act for Fiscal Year 2009 

16 (Public Law 110–417; 122 Stat. 4500) shall also be avail17 able: (1) for transfer to the Joint Department of Defense18 Department of Veterans Affairs Medical Facility Dem19 onstration Fund, established by section 1704 of the Na20 tional Defense Authorization Act for Fiscal Year 2010 

21 (Public Law 111–84; 123 Stat. 3571); and (2) for oper22 ations of the facilities designated as combined Federal 

23 medical facilities as described by section 706 of the Dun24 can Hunter National Defense Authorization Act for Fiscal 

25 Year 2009 (Public Law 110–417; 122 Stat. 4500). 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 225. Of the amounts available in this title for 

3 ‘‘Medical services’’, ‘‘Medical support and compliance’’, 

4 and ‘‘Medical facilities’’, a minimum of $15,000,000, shall 

5 be transferred to the DOD–VA Health Care Sharing In6 centive Fund, as authorized by section 8111(d) of title 38, 

7 United States Code, to remain available until expended, 

8 for any purpose authorized by section 8111 of title 38, 

9 United States Code. 

10 (INCLUDING RESCISSIONS OF FUNDS)

11 SEC. 226. (a) Of the funds appropriated in title II 

12 of division H of Public Law 112–74, the following 

13 amounts which became available on October 1, 2012, are 

14 hereby rescinded from the following accounts in the 

15 amounts specified: 

16 (1) ‘‘Department of Veterans Affairs, Medical 

17 services’’, $1,500,000,000. 

18 (2) ‘‘Department of Veterans Affairs, Medical 

19 support and compliance’’, $200,000,000. 

20 (3) ‘‘Department of Veterans Affairs, Medical 

21 facilities’’, $250,000,000. 

22 (b) In addition to amounts provided elsewhere in this 

23 Act, an additional amount is appropriated to the following 

24 accounts in the amounts specified to remain available until 

25 September 30, 2014: 


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1 (1) ‘‘Department of Veterans Affairs, Medical serv2 ices’’, $1,500,000,000. 

3 (2) ‘‘Department of Veterans Affairs, Medical sup4 port and compliance’’, $200,000,000. 

5 (3) ‘‘Department of Veterans Affairs, Medical facili6 ties’’, $250,000,000. 

7 SEC. 227. The Secretary of the Department of Vet8 erans Affairs shall notify the Committees on Appropria9 tions of both Houses of Congress of all bid savings in 

10 major construction projects that total at least $5,000,000, 

11 or 5 percent of the programmed amount of the project, 

12 whichever is less: Provided, That such notification shall 

13 occur within 14 days of a contract identifying the pro14 grammed amount: Provided further, That the Secretary 

15 shall notify the Committees on Appropriations of both 

16 Houses of Congress 14 days prior to the obligation of such 

17 bid savings and shall describe the anticipated use of such 

18 savings. 

19 SEC. 228. The scope of work for a project included 

20 in ‘‘Construction, major projects’’ may not be increased 

21 above the scope specified for that project in the original 

22 justification data provided to the Congress as part of the 

23 request for appropriations. 

24 SEC. 229. The Secretary of the Department of Vet25 erans Affairs shall provide on a quarterly basis to the 


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1 Committees on Appropriations of both Houses of Congress 

2 notification of any single national outreach and awareness 

3 marketing campaign in which obligations exceed 

4 $2,000,000. 

5 SEC. 230. The Secretary shall submit to the Commit6 tees on Appropriations of both Houses of Congress a re7 programming request if at any point during fiscal year 

8 2013, the funding allocated for a medical care initiative 

9 identified in the fiscal year 2013 expenditure plan is ad10 justed by more than $25,000,000 from the allocation 

11 shown in the corresponding congressional budget justifica12 tion. Such a reprogramming request may go forward only 

13 if the Committees on Appropriations of both Houses of 

14 Congress approve the request or if a period of 14 days 

15 has elapsed. 

16 SEC. 231. None of the funds made available in this 

17 Act may be used to enter into a contract using procedures 

18 that do not give to small business concerns owned and con19 trolled by veterans (as that term is defined in section 

20 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)) 

21 that are included in the database under section 8127(f) 

22 of title 38, United States Code, any preference available 

23 with respect to such contract, except for a preference given 

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1 ice-disabled veterans (as defined in section 3(q)(2) of the 

2 Small Business Act (15 U.S.C. 632(q)(2)). 

3 SEC. 232. Funds made available under the heading 

4 ‘‘Medical services’’ in title II of division H of Public Law 

5 112–74 may be used to carry out section 1787 of title 

6 38, United States Code. 

7 TITLE III 

8 RELATED AGENCIES 

9 AMERICAN BATTLE MONUMENTS COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses, not otherwise provided for, 

12 of the American Battle Monuments Commission, including 

13 the acquisition of land or interest in land in foreign coun14 tries; purchases and repair of uniforms for caretakers of 

15 national cemeteries and monuments outside of the United 

16 States and its territories and possessions; rent of office 

17 and garage space in foreign countries; purchase (one-for18 one replacement basis only) and hire of passenger motor 

19 vehicles; not to exceed $7,500 for official reception and 

20 representation expenses; and insurance of official motor 

21 vehicles in foreign countries, when required by law of such 

22 countries, $62,929,000, to remain available until ex23 pended. 


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1 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

2 For necessary expenses, not otherwise provided for, 

3 of the American Battle Monuments Commission, such 

4 sums as may be necessary, to remain available until ex5 pended, for purposes authorized by section 2109 of title 

6 36, United States Code. 

7 UNITED STATES COURT OF APPEALS FOR VETERANS

8 CLAIMS

9 SALARIES AND EXPENSES

10 For necessary expenses for the operation of the 

11 United States Court of Appeals for Veterans Claims as 

12 authorized by sections 7251 through 7298 of title 38, 

13 United States Code, $32,481,000: Provided, That 

14 $2,726,000 shall be available for the purpose of providing 

15 financial assistance as described, and in accordance with 

16 the process and reporting procedures set forth, under this 

17 heading in Public Law 102–229. 

18 DEPARTMENT OF DEFENSE—CIVIL

19 CEMETERIAL EXPENSES, ARMY

20 SALARIES AND EXPENSES

21 For necessary expenses for maintenance, operation, 

22 and improvement of Arlington National Cemetery and Sol23 diers’ and Airmen’s Home National Cemetery, including 

24 the purchase or lease of passenger motor vehicles for re25 placement on a one-for-one basis only, and not to exceed 


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1 $1,000 for official reception and representation expenses, 

2 $65,800,000, of which not to exceed $27,000,000 shall re3 main available until September 30, 2015. In addition, 

4 such sums as may be necessary for parking maintenance, 

5 repairs and replacement, to be derived from the ‘‘Lease 

6 of Department of Defense Real Property for Defense 

7 Agencies’’ account. 

8 CONSTRUCTION

9 For necessary expenses for planning and design and 

10 construction at Arlington National Cemetery and Soldiers’ 

11 and Airmen’s Home National Cemetery, $103,000,000, to 

12 remain available until September 30, 2017, of which, 

13 $84,000,000 shall be for planning and design and con14 struction associated with the Millennium Project at Ar15 lington National Cemetery; and $19,000,000 shall be for 

16 study, planning, design, and architect and engineer serv17 ices for future expansion of burial space at Arlington Na18 tional Cemetery. 

19 ARMED FORCES RETIREMENT HOME

20 TRUST FUND

21 For expenses necessary for the Armed Forces Retire22 ment Home to operate and maintain the Armed Forces 

23 Retirement Home—Washington, District of Columbia, 

24 and the Armed Forces Retirement Home—Gulfport, Mis25 sissippi, to be paid from funds available in the Armed 


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1 Forces Retirement Home Trust Fund, $67,590,000, of 

2 which $2,000,000 shall remain available until expended 

3 for construction and renovation of the physical plants at 

4 the Armed Forces Retirement Home—Washington, Dis5 trict of Columbia, and the Armed Forces Retirement 

6 Home—Gulfport, Mississippi. 

7 ADMINISTRATIVE PROVISION

8 SEC. 301. Funds appropriated in this Act under the 

9 heading, ‘‘Department of Defense—Civil, Cemeterial Ex10 penses, Army’’, may be provided to Arlington County, Vir11 ginia, for the relocation of the federally owned water main 

12 at Arlington National Cemetery, making additional land 

13 available for ground burials. 

14 TITLE IV 

15 OVERSEAS CONTINGENCY OPERATIONS 

16 DEPARTMENT OF DEFENSE

17 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

18 For an additional amount for ‘‘Military Construction, 

19 Navy and Marine Corps’’, $150,768,000, to remain avail20 able until September 30, 2013: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

23 section 251(b)(2)(A)(ii) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 


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1 ADMINISTRATIVE PROVISION

2 (INCLUDING RESCISSION OF FUNDS)

3 SEC. 401. Of the unobligated balances in section 

4 2005 in title X, of Public Law 112–10 and division H 

5 in title IV of Public Law 112–74, $150,768,000 are here6 by rescinded: Provided, That such amount is designated 

7 by the Congress for Overseas Contingency Operations/ 

8 Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 TITLE V 

12 GENERAL PROVISIONS 

13 SEC. 501. No part of any appropriation contained in 

14 this Act shall remain available for obligation beyond the 

15 current fiscal year unless expressly so provided herein. 

16 SEC. 502. None of the funds made available in this 

17 Act may be used for any program, project, or activity, 

18 when it is made known to the Federal entity or official 

19 to which the funds are made available that the program, 

20 project, or activity is not in compliance with any Federal 

21 law relating to risk assessment, the protection of private 

22 property rights, or unfunded mandates. 

23 SEC. 503. No part of any funds appropriated in this 

24 Act shall be used by an agency of the executive branch, 

25 other than for normal and recognized executive-legislative 


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1 relationships, for publicity or propaganda purposes, and 

2 for the preparation, distribution, or use of any kit, pam3 phlet, booklet, publication, radio, television, or film presen4 tation designed to support or defeat legislation pending 

5 before Congress, except in presentation to Congress itself. 

6 SEC. 504. All departments and agencies funded under 

7 this Act are encouraged, within the limits of the existing 

8 statutory authorities and funding, to expand their use of 

9 ‘‘E-Commerce’’ technologies and procedures in the con10 duct of their business practices and public service activi11 ties. 

12 SEC. 505. Unless stated otherwise, all reports and no13 tifications required by this Act shall be submitted to the 

14 Subcommittee on Military Construction and Veterans Af15 fairs, and Related Agencies of the Committee on Appro16 priations of the House of Representatives and the Sub17 committee on Military Construction and Veterans Affairs, 

18 and Related Agencies of the Committee on Appropriations 

19 of the Senate. 

20 SEC. 506. None of the funds made available in this 

21 Act may be transferred to any department, agency, or in22 strumentality of the United States Government except 

23 pursuant to a transfer made by, or transfer authority pro24 vided in, this or any other appropriations Act. 


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1 SEC. 507. None of the funds made available in this 

2 Act may be used for a project or program named for an 

3 individual serving as a Member, Delegate, or Resident 

4 Commissioner of the United States House of Representa5 tives. 

6 SEC. 508. (a) Any agency receiving funds made avail7 able in this Act, shall, subject to subsections (b) and (c), 

8 post on the public website of that agency any report re9 quired to be submitted by the Congress in this or any 

10 other Act, upon the determination by the head of the agen11 cy that it shall serve the national interest. 

12 (b) Subsection (a) shall not apply to a report if— 

13 (1) the public posting of the report com14 promises national security; or 

15 (2) the report contains confidential or propri16 etary information. 

17 (c) The head of the agency posting such report shall 

18 do so only after such report has been made available to 

19 the requesting Committee or Committees of Congress for 

20 no less than 45 days. 

21 SEC. 509. (a) None of the funds made available in 

22 this Act may be used to maintain or establish a computer 

23 network unless such network blocks the viewing, 

24 downloading, and exchanging of pornography. 


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1 (b) Nothing in subsection (a) shall limit the use of 

2 funds necessary for any Federal, State, tribal, or local law 

3 enforcement agency or any other entity carrying out crimi4 nal investigations, prosecution, or adjudication activities. 

5 SEC. 510. None of the funds made available in this 

6 Act may be distributed to the Association of Community 

7 Organizations for Reform Now (ACORN) or its subsidi8 aries or successors. 

9 SEC. 511. (a) IN GENERAL.—None of the funds ap10 propriated or otherwise made available to the Department 

11 of Defense in this Act may be used to construct, renovate, 

12 or expand any facility in the United States, its territories, 

13 or possessions to house any individual detained at United 

14 States Naval Station, Guantanamo Bay, Cuba, for the 

15 purposes of detention or imprisonment in the custody or 

16 under the control of the Department of Defense. 

17 (b) The prohibition in subsection (a) shall not apply 

18 to any modification of facilities at United States Naval 

19 Station, Guantanamo Bay, Cuba. 

20 (c) An individual described in this subsection is any 

21 individual who, as of June 24, 2009, is located at United 

22 States Naval Station, Guantanamo Bay, Cuba, and who— 

23 (1) is not a citizen of the United States or a 

24 member of the Armed Forces of the United States; 

25 and 


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1 (2) is— 

2 (A) in the custody or under the effective 

3 control of the Department of Defense; or 

4 (B) otherwise under detention at United 

5 States Naval Station, Guantanamo Bay, Cuba. 

6 SEC. 512. None of the funds appropriated or other7 wise made available in this Act may be used by an agency 

8 of the executive branch to pay for first-class travel by an 

9 employee of the agency in contravention of sections 301– 

10 10.122 through 301–10.124 of title 41, Code of Federal 

11 Regulations. 

12 SEC. 513. None of the funds provided in this Act may 

13 be used to execute a contract for goods or services, includ14 ing construction services, where the contractor has not 

15 complied with Executive Order No. 12989. 

16 SEC. 514. None of the funds made available by this 

17 Act may be used to enter into a contract, memorandum 

18 of understanding, or cooperative agreement with, make a 

19 grant to, or provide a loan or loan guarantee to, any cor20 poration that was convicted of a felony criminal violation 

21 under any Federal law within the preceding 24 months, 

22 where the awarding agency is aware of the conviction, un23 less the agency has considered suspension or debarment 

24 of the corporation and made a determination that this furVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 ther action is not necessary to protect the interests of the 

2 Government. 

3 SEC. 515. None of the funds made available by this 

4 Act may be used to enter into a contract, memorandum 

5 of understanding, or cooperative agreement with, make a 

6 grant to, or provide a loan or loan guarantee to, any cor7 poration that has any unpaid Federal tax liability that has 

8 been assessed, for which all judicial and administrative 

9 remedies have been exhausted or have lapsed, and that 

10 is not being paid in a timely manner pursuant to an agree11 ment with the authority responsible for collecting the tax 

12 liability, where the awarding agency is aware of the unpaid 

13 tax liability, unless the agency has considered suspension 

14 or debarment of the corporation and made a determination 

15 that this further action is not necessary to protect the in16 terests of the Government. 

17 SEC. 516. Such sums as may be necessary for fiscal 

18 year 2013 for pay raises for programs funded by this Act 

19 shall be absorbed within the levels appropriated in this 

20 Act. 

21 SEC. 517. None of the funds made available in this 

22 Act may be used to send or otherwise pay for the attend23 ance of more than 50 employees from a Federal depart24 ment or agency that are stationed within the United 

25 States at any single conference occurring outside a state 


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1 of the United States, except for employees of the Depart2 ment of Veterans Affairs stationed in the Philippines, un3 less the relevant Secretary reports to the Committees on 

4 Appropriations of both Houses of Congress at least 5 days 

5 in advance that such attendance is important to the na6 tional interest. 

7 This division may be cited as the ‘‘Military Construc8 tion and Veterans Affairs, and Related Agencies Appro9 priations Act, 2013’’. 

10 DIVISION C—FULL-YEAR CONTINUING 

11 APPROPRIATIONS ACT, 2013 

12 The following sums are hereby appropriated, out of 

13 any money in the Treasury not otherwise appropriated, 

14 and out of applicable corporate or other revenues, receipts, 

15 and funds, for the several departments, agencies, corpora16 tions, and other organizational units of Government for 

17 fiscal year 2013, and for other purposes, namely: 

18 TITLE I—GENERAL PROVISIONS 

19 SEC. 1101. (a) Such amounts as may be necessary, 

20 at the level specified in subsection (c) and under the au21 thority and conditions provided in applicable appropria22 tions Acts for fiscal year 2012, for projects or activities 

23 (including the costs of direct loans and loan guarantees) 

24 that are not otherwise specifically provided for, and for 


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1 which appropriations, funds, or other authority were made 

2 available in the following appropriations Acts: 

3 (1) The Agriculture, Rural Development, Food 

4 and Drug Administration, and Related Agencies Ap5 propriations Act, 2012 (division A of Public Law 

6 112–55), except for the appropriations designated by 

7 the Congress as being for disaster relief in section 

8 735 of such Act. 

9 (2) The Commerce, Justice, Science, and Re10 lated Agencies Appropriations Act, 2012 (division B 

11 of Public Law 112–55), except for the appropriation 

12 designated by the Congress as being for disaster re13 lief in the second paragraph under the heading ‘‘De14 partment of Commerce, Economic Development Ad15 ministration, Economic Development Assistance Pro16 grams’’ in such Act. 

17 (3) The Energy and Water Development and 

18 Related Agencies Appropriations Act, 2012 (division 

19 B of Public Law 112–74). 

20 (4) The Financial Services and General Govern21 ment Appropriations Act, 2012 (division C of Public 

22 Law 112–74). 

23 (5) The Department of Homeland Security Ap24 propriations Act, 2012 (division D of Public Law 

25 112–74). 


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1 (6) The Department of the Interior, Environ2 ment, and Related Agencies Appropriations Act, 

3 2012 (division E of Public Law 112–74). 

4 (7) The Departments of Labor, Health and 

5 Human Services, and Education, and Related Agen6 cies Appropriations Act, 2012 (division F of Public 

7 Law 112–74). 

8 (8) The Legislative Branch Appropriations Act, 

9 2012 (division G of Public Law 112–74). 

10 (9) The Department of State, Foreign Oper11 ations, and Related Programs Appropriations Act, 

12 2012 (division I of Public Law 112–74). 

13 (10) The Transportation, Housing and Urban 

14 Development, and Related Agencies Appropriations 

15 Act, 2012 (division C of Public Law 112–55), except 

16 for the appropriations designated by the Congress as 

17 being for disaster relief under the heading ‘‘Depart18 ment of Transportation, Federal Highway Adminis19 tration, Emergency Relief’’ and in the last proviso of 

20 section 239 of such Act. 

21 (11) The Disaster Relief Appropriations Act, 

22 2012 (Public Law 112–77), except for appropria23 tions under the heading ‘‘Corps of Engineers— 

24 Civil’’. 


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1 (b) For purposes of this division, the term ‘‘level’’ 

2 means an amount. 

3 (c) The level referred to in subsection (a) shall be 

4 the amounts appropriated in the appropriations Acts re5 ferred to in such subsection, including transfers and obli6 gation limitations, except that such level shall be cal7 culated without regard to any rescission or cancellation 

8 of funds or contract authority, other than— 

9 (1) the 0.16 percent across-the-board rescission 

10 in section 436 of division E of Public Law 112–74 

11 (relating to the Department of the Interior, Environ12 ment, and Related Agencies); and 

13 (2) the 0.189 percent across-the-board rescis14 sion in section 527 of division F of Public Law 112– 

15 74, (relating to the Departments of Labor, Health 

16 and Human Services, and Education, and Related 

17 Agencies). 

18 SEC. 1102. Appropriations made by section 1101 

19 shall be available to the extent and in the manner that 

20 would be provided by the pertinent appropriations Act. 

21 SEC. 1103. Appropriations provided by this division 

22 that, in the applicable appropriations Act for fiscal year 

23 2012, carried a multiple-year or no-year period of avail24 ability shall retain a comparable period of availability. 


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1 SEC. 1104. No appropriation or funds made available 

2 or authority granted pursuant to section 1101 shall be 

3 used to initiate or resume any project or activity for which 

4 appropriations, funds, or other authority were not avail5 able during fiscal year 2012. 

6 SEC. 1105. Except as otherwise expressly provided in 

7 this division, the requirements, authorities, conditions, 

8 limitations, and other provisions of the appropriations 

9 Acts referred to in section 1101 shall continue in effect 

10 through the date specified in section 1106. 

11 SEC. 1106. Unless otherwise provided for in this divi12 sion or in the applicable appropriations Act, appropria13 tions and funds made available and authority granted pur14 suant to this division shall be available through September 

15 30, 2013. 

16 SEC. 1107. Expenditures made pursuant to the Con17 tinuing Appropriations Resolution, 2013 (Public Law 

18 112–175) shall be charged to the applicable appropriation, 

19 fund, or authorization provided by this division. 

20 SEC. 1108. Funds appropriated by this division may 

21 be obligated and expended notwithstanding section 10 of 

22 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 

23 State Department Basic Authorities Act of 1956 (22 

24 U.S.C. 2680), and section 313 of the Foreign Relations 


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1 Authorization Act, Fiscal Years 1994 and 1995 (22 

2 U.S.C. 6212). 

3 SEC. 1109. (a) For entitlements and other mandatory 

4 payments whose budget authority was provided in appro5 priations Acts for fiscal year 2012, and for activities under 

6 the Food and Nutrition Act of 2008, the levels established 

7 by section 1101 shall be the amounts necessary to main8 tain program levels under current law and under the au9 thority and conditions provided in the applicable appro10 priations Acts for fiscal year 2012. 

11 (b) In addition to the amounts otherwise provided by 

12 section 1101, the following amounts shall be available for 

13 the following accounts for advance payments for the first 

14 quarter of fiscal year 2014: 

15 (1) ‘‘Department of Labor, Office of Workers’ 

16 Compensation Programs, Special Benefits for Dis17 abled Coal Miners’’, for benefit payments under title 

18 IV of the Federal Mine Safety and Health Act of 

19 1977, $40,000,000, to remain available until ex20 pended. 

21 (2) ‘‘Department of Health and Human Serv22 ices, Centers for Medicare and Medicaid Services, 

23 Grants to States for Medicaid’’, for payments to 

24 States or in the case of section 1928 on behalf of 

25 States under title XIX of the Social Security Act, 


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1 $106,335,631,000, to remain available until ex2 pended. 

3 (3) ‘‘Department of Health and Human Serv4 ices, Administration for Children and Families, Pay5 ments to States for Child Support Enforcement and 

6 Family Support Programs’’, for payments to States 

7 or other non-Federal entities under titles I, IV-D, X, 

8 XI, XIV, and XVI of the Social Security Act and the 

9 Act of July 5, 1960 (24 U.S.C. ch. 9), 

10 $1,100,000,000, to remain available until expended. 

11 (4) ‘‘Department of Health and Human Serv12 ices, Administration for Children and Families, Pay13 ments for Foster Care and Permanency’’, for pay14 ments to States or other non-Federal entities under 

15 title IV-E of the Social Security Act, 

16 $2,200,000,000. 

17 (5) ‘‘Social Security Administration, Supple18 mental Security Income Program’’, for benefit pay19 ments under title XVI of the Social Security Act, 

20 $19,300,000,000, to remain available until ex21 pended. 

22 SEC. 1110. (a) Each amount made available in this 

23 division by reference to an appropriation that was pre24 viously designated by the Congress for Overseas Contin25 gency Operations/Global War on Terrorism pursuant to 


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1 section 251(b)(2)(A) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985 or as being for disaster 

3 relief pursuant to section 251(b)(2)(D) of such Act is des4 ignated by the Congress for Overseas Contingency Oper5 ations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A) of such Act or as being for disaster relief 

7 pursuant to section 251(b)(2)(D) of such Act, respectively. 

8 (b) Of the amount made available by section 1101 

9 for ‘‘Social Security Administration, Limitation on Admin10 istrative Expenses’’, $483,484,000 is additional new budg11 et authority specified for purposes of subsection 

12 251(b)(2)(B) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 SEC. 1111. With respect to any discretionary account 

15 for which advance appropriations were provided for fiscal 

16 year 2013 or 2014 in an appropriations Act for fiscal year 

17 2012, in addition to amounts otherwise made available by 

18 this division, advance appropriations are provided in the 

19 same amount for fiscal year 2014 or 2015, respectively, 

20 with a comparable period of availability. 

21 SEC. 1112. (a) Section 147 of the Continuing Appro22 priations Act, 2011 (Public Law 111–242), as added by 

23 section 1(a)(2) of the Continuing Appropriations and Sur24 face Transportation Extensions Act, 2011 (Public Law 

25 111–322; 5 U.S.C. 5303 note), is amended— 


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1 (1) in subsection (b)(1), by striking the matter 

2 after ‘‘ending on’’ and before ‘‘shall be made’’ and 

3 inserting ‘‘December 31, 2013,’’; and 

4 (2) in subsection (c), by striking the matter 

5 after ‘‘ending on’’ and before ‘‘no senior executive’’ 

6 and inserting ‘‘December 31, 2013,’’. 

7 (b) Section 114 of the Continuing Appropriations 

8 Resolution, 2013 (Public Law 112–175; 5 U.S.C. 5303 

9 note) is repealed. 

10 SEC. 1113. (a) Not later than 30 days after the date 

11 of the enactment of this division, each department and 

12 agency in subsection (c) shall submit to the Committees 

13 on Appropriations of the House of Representatives and the 

14 Senate a spending, expenditure, or operating plan for fis15 cal year 2013— 

16 (1) at the program, project, or activity level (or, 

17 for foreign assistance programs funded in titles III, 

18 IV and VIII of the Department of State, Foreign 

19 Operations, and Related Programs Appropriations 

20 Act, at the country, regional, and central program 

21 level, and for any international organization); or 

22 (2) as applicable, at any greater level of detail 

23 required for funds covered by such a plan in an ap24 propriations Act referred to in section 1101, in the 

25 joint explanatory statement accompanying such Act, 


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1 or in committee report language incorporated by ref2 erence in such joint explanatory statement. 

3 (b) If a sequestration is ordered by the President 

4 under section 251A of the Balanced Budget and Emer5 gency Deficit Control Act of 1985, the spending, expendi6 ture, or operating plan required by this section shall re7 flect such sequestration. 

8 (c) The departments and agencies to which this sec9 tion applies are as follows: 

10 (1) The Department of Agriculture. 

11 (2) The Department of Commerce. 

12 (3) The Department of Education. 

13 (4) The Department of Energy. 

14 (5) The Department of Health and Human 

15 Services. 

16 (6) The Department of Homeland Security. 

17 (7) The Department of Housing and Urban De18 velopment. 

19 (8) The Department of the Interior. 

20 (9) The Department of Justice. 

21 (10) The Department of Labor. 

22 (11) The Department of State and United 

23 States Agency for International Development. 

24 (12) The Department of Transportation. 

25 (13) The Department of the Treasury. 


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1 (14) The National Aeronautics and Space Ad2 ministration. 

3 (15) The National Science Foundation. 

4 (16) The Judiciary. 

5 (17) With respect to amounts made available 

6 under the heading ‘‘Executive Office of the Presi7 dent and Funds Appropriated to the President’’, 

8 agencies funded under such heading. 

9 (18) The Federal Communications Commission. 

10 (19) The General Services Administration. 

11 (20) The Office of Personnel Management. 

12 (21) The National Archives and Records Ad13 ministration. 

14 (22) The Securities and Exchange Commission. 

15 (23) The Small Business Administration. 

16 (24) The Environmental Protection Agency. 

17 (25) The Indian Health Service. 

18 (26) The Smithsonian Institution. 

19 (27) The Social Security Administration. 

20 (28) The Corporation for National and Commu21 nity Service. 

22 (29) The Corporation for Public Broadcasting. 

23 (30) The Food and Drug Administration. 

24 (31) The Commodity Futures Trading Commis25 sion. 


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1 SEC. 1114. Not later than May 1, 2013, and each 

2 month thereafter through November 1, 2013, the Director 

3 of the Office of Management and Budget shall submit to 

4 the Committees on Appropriations of the House of Rep5 resentatives and the Senate a report on all obligations in6 curred in fiscal year 2013, by each department and agen7 cy, using funds made available by this division. Such re8 port shall— 

9 (1) set forth obligations by account; and 

10 (2) compare the obligations incurred in the pe11 riod covered by the report to the obligations incurred 

12 in the same period in fiscal year 2012. 

13 TITLE II—AGRICULTURE, RURAL DEVELOP14 MENT, FOOD AND DRUG ADMINISTRATION, 

15 AND RELATED AGENCIES 

16 SEC. 1201. Notwithstanding section 1101, the level 

17 for ‘‘Domestic Food Programs, Food and Nutrition Serv18 ice, Commodity Assistance Program’’, shall be 

19 $253,952,000, of which $186,935,000 shall be for the 

20 Commodity Supplemental Food Program. 

21 SEC. 1202. Notwithstanding section 1101, the 

22 amounts included under the heading ‘‘Agricultural Pro23 grams, Farm Service Agency, Agricultural Credit Insur24 ance Fund Program Account’’ in division A of Public Law 

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1 sion as follows: by substituting ‘‘$2,000,000,000’’ for 

2 ‘‘$1,500,000,000’’ the first place it appears; by sub3 stituting ‘‘$1,258,887,000’’ for ‘‘$1,050,090,000’’; and by 

4 substituting ‘‘$70,120,000’’ for ‘‘$59,120,000’’. 

5 SEC. 1203. Notwithstanding section 1101, the Sec6 retary of Agriculture may transfer funds among the loan 

7 and loan guarantee programs within the Rural Develop8 ment mission area to maintain the 2012 program levels, 

9 to the extent possible, for such programs and activities 

10 during fiscal year 2013. 

11 SEC. 1204. Notwithstanding section 1101, amounts 

12 otherwise provided by section 1101 for ‘‘Department of 

13 Health and Human Services, Food and Drug Administra14 tion, Salaries and Expenses’’ for medical device user fees 

15 shall be increased by the amounts by which the authorized 

16 levels of such fees for fiscal year 2013 exceed the author17 ized levels of such fees for fiscal year 2012: Provided, That 

18 amounts collected for fees specified in this section for fis19 cal year 2013 that exceed applicable fiscal year 2013 limi20 tations for such fees are appropriated and shall be credited 

21 to such account and remain available until expended. 

22 SEC. 1205. Notwithstanding section 1101, fees au23 thorized for fiscal year 2013 pursuant to section 744B of 

24 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

25 379j-42) shall be credited to ‘‘Department of Health and 


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1 Human Services, Food and Drug Administration, Salaries 

2 and Expenses’’ and remain available until expended. 

3 SEC. 1206. Sections 744 and 748 of division A of 

4 Public Law 112–55 shall not apply to funds appropriated 

5 by this division. 

6 SEC. 1207. Of the funds made available for ‘‘Rural 

7 Development Programs, Rural Business—Cooperative 

8 Service, Rural Economic Development Loans Program Ac9 count’’, of the funds derived from interest on the cushion 

10 of credit payments, as authorized by section 313 of the 

11 Rural Electrification Act of 1936 (7 U.S.C. 940c), 

12 $180,000,000 shall not be obligated and $180,000,000 is 

13 rescinded. 

14 SEC. 1208. (a) Notwithstanding section 1101, the 

15 first and second provisos of section 726(15) of division A 

16 of Public Law 112–55 shall be applied to funds appro17 priated by this division as if ‘‘, in this fiscal year,’’ ap18 peared before ‘‘section 19(i)(1)(E)’’ the first place it ap19 pears, by substituting ‘‘$39,000,000’’ for ‘‘$20,000,000’’, 

20 and by substituting ‘‘$117,000,000’’ for ‘‘$133,000,000’’. 

21 (b) Of the unobligated balances available under sec22 tion 14222(b)(2)(A)(v) of Public Law 110–246 (7 U.S.C. 

23 612c–6(b)(2)(A)(v)), $150,000,000 is rescinded. 

24 SEC. 1209. In addition to amounts provided else25 where in this division, $48,256,765 is appropriated for acVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 tivities under section 403 of the Agricultural Credit Act 

2 of 1978 (Emergency Watershed Protection Program; 16 

3 U.S.C. 2203) for necessary expenses resulting from a 

4 major disaster declared pursuant to the Robert T. Staf5 ford Disaster Relief and Emergency Assistance Act (42 

6 U.S.C. 5121 et seq.): Provided, That the Secretary of Ag7 riculture shall transfer these funds to the Natural Re8 sources Conservation Service. 

9 SEC. 1210. Section 1109(a) of this division shall not 

10 be construed to change the requirement that 

11 $3,000,000,000, to remain available until September 30, 

12 2014, be placed in reserve for ‘‘Domestic Food Programs, 

13 Food and Nutrition Service, Supplemental Nutrition As14 sistance Program’’. 

15 SEC. 1211. Notwithstanding section 1101, the level 

16 for ‘‘Agricultural Programs, National Agricultural Statis17 tics Service’’ shall be $179,477,000, of which up to 

18 $62,500,000 shall be available until expended for the Cen19 sus of Agriculture. 

20 TITLE III—COMMERCE, JUSTICE, SCIENCE, AND 

21 RELATED AGENCIES 

22 SEC. 1301. Notwithstanding section 1101, the level 

23 for ‘‘National Oceanic and Atmospheric Administration, 

24 Procurement, Acquisition and Construction’’ shall be 

25 $1,951,036,000, of which $802,000,000 shall be for the 


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1 Geostationary Operational Environmental Satellite–R sys2 tem. 

3 SEC. 1302. Notwithstanding section 1101, the level 

4 for each of the following accounts shall be $0: ‘‘Depart5 ment of Justice, General Administration, National Drug 

6 Intelligence Center’’; ‘‘Department of Justice, Drug En7 forcement Administration, Construction’’. 

8 SEC. 1303. Notwithstanding section 1101, the level 

9 for ‘‘Department of Justice, General Administration, Jus10 tice Information Sharing Technology’’ shall be 

11 $22,000,000. 

12 SEC. 1304. Notwithstanding section 1101, the level 

13 for ‘‘Department of Justice, Federal Bureau of Investiga14 tion, Salaries and Expenses’’ shall be $8,165,520,000. 

15 SEC. 1305. Notwithstanding section 1101, the level 

16 for ‘‘Department of Justice, Federal Prison System, Sala17 ries and Expenses’’ shall be $6,689,481,000. 

18 SEC. 1306. Notwithstanding section 1101, the level 

19 for ‘‘Department of Justice, Office of Justice Programs, 

20 State and Local Law Enforcement Assistance’’ shall be 

21 $1,062,500,000: Provided, That the amounts included 

22 under such heading in division B of Public Law 112–55 

23 shall be applied to funds appropriated by this division as 

24 follows: by substituting ‘‘$370,000,000’’ for 


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1 ‘‘$470,000,000’’; and by substituting ‘‘$0’’ for 

2 ‘‘$100,000,000’’. 

3 SEC. 1307. Of the unobligated balances available for 

4 ‘‘Department of Justice, Legal Activities, Assets For5 feiture Fund’’, $675,000,000 is rescinded. 

6 SEC. 1308. Of the unobligated balances available for 

7 ‘‘Department of Justice, Federal Prison System, Build8 ings and Facilities’’, $64,700,000 is rescinded, to be de9 rived from amounts for the ‘‘Acquire Existing Institution 

10 for Higher Security FCI’’ project. 

11 SEC. 1309. Section 505 of division B of Public Law 

12 112–55 shall be applied to funds appropriated by this divi13 sion by substituting ‘‘45’’ for ‘‘15’’. 

14 SEC. 1310. (a) None of the income retained in the 

15 Department of Justice Working Capital Fund pursuant 

16 to title I of Public Law 102–140 (105 Stat. 784; 28 

17 U.S.C. 527 note) shall be available for obligation during 

18 fiscal year 2013. 

19 (b) Not to exceed $30,000,000 of the unobligated bal20 ances transferred to the capital account of the Department 

21 of Justice Working Capital Fund pursuant to title I of 

22 Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) 

23 shall be available for obligation in fiscal year 2013, and 

24 any use, obligation, transfer, or allocation of such funds 


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1 shall be treated as a reprogramming of funds under sec2 tion 505 of division B of Public Law 112–55. 

3 (c) Not to exceed $10,000,000 of the excess unobli4 gated balances available under section 524(c)(8)(E) of 

5 title 28, United States Code, shall be available for obliga6 tion during fiscal year 2013, and any use, obligation, 

7 transfer, or allocation of such funds shall be treated as 

8 a reprogramming of funds under section 505 of division 

9 B of Public Law 112–55. 

10 (d) Of amounts available in the Department of Jus11 tice Assets Forfeiture Fund in fiscal year 2013, 

12 $154,700,000 shall be for payments associated with joint 

13 law enforcement operations in fiscal year 2013 as author14 ized by section 524(c)(1)(I) of title 28, United States 

15 Code. 

16 (e) The Attorney General shall submit a spending 

17 plan to the Committees on Appropriations of the House 

18 of Representatives and the Senate not later than 45 days 

19 after the date of enactment of this division detailing the 

20 planned distribution of the Department of Justice Assets 

21 Forfeiture Fund joint law enforcement operations funding 

22 during fiscal year 2013. 

23 (f) Subsections (a) through (d) of this section shall 

24 sunset on September 30, 2013. 


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1 SEC. 1311. Notwithstanding section 1101, the level 

2 for ‘‘National Aeronautics and Space Administration, Ex3 ploration’’ shall be $4,152,000,000: Provided, That the 

4 amounts included under such heading in division B of 

5 Public Law 112–55 shall be applied to funds appropriated 

6 by this division as follows: by substituting 

7 ‘‘$2,119,000,000’’ for ‘‘$1,860,000,000’’; by substituting 

8 ‘‘$525,000,000’’ for ‘‘$406,000,000’’; by substituting 

9 ‘‘$308,000,000’’ for ‘‘$304,800,000’’; by substituting 

10 ‘‘$454,000,000’’ for ‘‘$316,500,000’’; and by substituting 

11 ‘‘$265,000,000’’ for ‘‘$58,000,000’’. 

12 SEC. 1312. Notwithstanding section 1101, the level 

13 for each of the following accounts shall be as follows: ‘‘Na14 tional Aeronautics and Space Administration, Space Oper15 ations’’, $4,000,000,000; and ‘‘National Aeronautics and 

16 Space Administration, Cross Agency Support’’, 

17 $2,847,400,000. 

18 TITLE IV—ENERGY AND WATER 

19 DEVELOPMENT AND RELATED AGENCIES 

20 SEC. 1401. (a) Notwithstanding section 1101, the 

21 level for ‘‘Department of Energy, Atomic Energy Defense 

22 Activities, National Nuclear Security Administration, 

23 Weapons Activities’’ shall be $7,577,341,000. 


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1 (b) Section 301(c) of division B of Public Law 112– 

2 74 shall not apply to amounts made available by this sec3 tion. 

4 SEC. 1402. In addition to amounts otherwise made 

5 available by this division, $150,000,000 is appropriated 

6 for ‘‘Department of Energy, Atomic Energy Defense Ac7 tivities, National Nuclear Security Administration, De8 fense Nuclear Nonproliferation’’ for domestic uranium en9 richment research, development, and demonstration. 

10 SEC. 1403. Section 14704 of title 40, United States 

11 Code, shall be applied to amounts made available by this 

12 division by substituting the date specified in section 1106 

13 of this division for ‘‘October 1, 2012’’. 

14 TITLE V—FINANCIAL SERVICES AND GENERAL 

15 GOVERNMENT 

16 SEC. 1501. (a) Notwithstanding any other provision 

17 of this division, except section 1106, the District of Co18 lumbia may expend local funds under the heading ‘‘Dis19 trict of Columbia Funds’’ for such programs and activities 

20 under title IV of H.R. 6020 (112th Congress), as reported 

21 by the Committee on Appropriations of the House of Rep22 resentatives, at the rate set forth under ‘‘District of Co23 lumbia Funds—Summary of Expenses’’ as included in the 

24 Fiscal Year 2013 Budget Request Act of 2012 (D.C. Act 


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1 19–381), as modified as of the date of the enactment of 

2 this division. 

3 (b) Section 803(b) of the Financial Services and Gen4 eral Government Appropriations Act, 2012 (division C of 

5 Public Law 112–74; 125 Stat. 940) is amended by strik6 ing ‘‘November 1, 2012’’ and inserting ‘‘November 1, 

7 2013’’. 

8 SEC. 1502. Notwithstanding section 1101, the level 

9 for ‘‘District of Columbia, Federal Funds, Federal Pay10 ment for Emergency Planning and Security Costs in the 

11 District of Columbia’’ shall be $24,700,000, of which not 

12 less than $9,800,000 shall be used for costs associated 

13 with the Presidential Inauguration. 

14 SEC. 1503. Notwithstanding section 1101, the fifth 

15 proviso under the heading ‘‘Federal Communications 

16 Commission, Salaries and Expenses’’ in division C of Pub17 lic Law 112–74 shall be applied by substituting 

18 ‘‘$98,739,000’’ for ‘‘$85,000,000’’. 

19 SEC. 1504. Notwithstanding any other provision of 

20 this division, amounts made available by section 1101 for 

21 ‘‘Department of the Treasury, Departmental Offices, Sal22 aries and Expenses’’ and ‘‘Department of the Treasury, 

23 Office of Inspector General, Salaries and Expenses’’ may 

24 be used for activities in connection with section 1602(e) 

25 of the Resources and Ecosystems Sustainability, Tourist 


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1 Opportunities, and Revived Economies of the Gulf Coast 

2 States Act of 2012 (subtitle F of title I of division A of 

3 Public Law 112–141). 

4 SEC. 1505. Notwithstanding section 1101, the level 

5 for ‘‘Office of Government Ethics, Salaries and Expenses’’ 

6 shall be $18,664,000, of which $5,000,000 shall be for de7 velopment and deployment of the centralized, publicly ac8 cessible database required in section 11(b) of the STOCK 

9 Act (Public Law 112–105). 

10 SEC. 1506. Notwithstanding section 1101, the level 

11 for ‘‘Small Business Administration, Business Loans Pro12 gram Account’’ for the cost of guaranteed loans as author13 ized by section 7(a) of the Small Business Act and section 

14 503 of the Small Business Investment Act of 1958 shall 

15 be $333,600,000. 

16 SEC. 1507. Of the unobligated balances available for 

17 ‘‘Department of the Treasury, Treasury Forfeiture 

18 Fund’’, $950,000,000 is rescinded. 

19 TITLE VI—HOMELAND SECURITY 

20 SEC. 1601. (a) Amounts made available by this divi21 sion for ‘‘Department of Homeland Security, U.S. Cus22 toms and Border Protection, Salaries and Expenses’’ shall 

23 be obligated as necessary to maintain the staffing levels 

24 (including by backfilling vacant positions) of Border Pa25 trol agents, Customs and Border Protection officers, and 


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1 Air and Marine interdiction agents in effect at the end 

2 of the fourth quarter of fiscal year 2012, or, with respect 

3 to Border Patrol agents, at such greater levels as may oth4 erwise be required in the second proviso under such head5 ing in division D of Public Law 112–74. 

6 (b) Not later than 30 days after the date of the enact7 ment of this division, the Commissioner of U.S. Customs 

8 and Border Protection shall submit to the Committees on 

9 Appropriations of the House of Representatives and the 

10 Senate a detailed expenditure plan for ‘‘Department of 

11 Homeland Security, U.S. Customs and Border Protection, 

12 Salaries and Expenses’’ at the program, project, and activ13 ity level that specifies how the Commissioner will maintain 

14 staffing levels as required under subsection (a) throughout 

15 fiscal year 2013. 

16 SEC. 1602. (a) Amounts made available by this divi17 sion for ‘‘Department of Homeland Security, U.S. Immi18 gration and Customs Enforcement, Salaries and Ex19 penses’’ shall be obligated as necessary to maintain a level 

20 not less than 34,000 detention beds as required in the 

21 sixth proviso under such heading in division D of Public 

22 Law 112–74. 

23 (b) Not later than 30 days after the date of the enact24 ment of this division, the Assistant Secretary of U.S. Im25 migration and Customs Enforcement shall submit to the 


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1 Committees on Appropriations of the House of Represent2 atives and the Senate a detailed expenditure plan for ‘‘De3 partment of Homeland Security, U.S. Immigration and 

4 Customs Enforcement, Salaries and Expenses’’ at the pro5 gram, project, and activity level that specifies how the As6 sistant Secretary will maintain detention bed levels as re7 quired under subsection (a) throughout fiscal year 2013. 

8 SEC. 1603. Notwithstanding section 1101, the levels 

9 for the following accounts of the Department of Homeland 

10 Security shall be as follows: 

11 (1) ‘‘Office of the Secretary and Executive 

12 Management’’, $126,074,000. 

13 (2) ‘‘Analysis and Operations’’, $322,280,000. 

14 (3) ‘‘U.S. Customs and Border Protection, Sal15 aries and Expenses’’, $9,024,610,000. 

16 (4) ‘‘U.S. Customs and Border Protection, Bor17 der Security Fencing, Infrastructure, and Tech18 nology’’, $324,099,000. 

19 (5) ‘‘U.S. Customs and Border Protection, Air 

20 and Marine Interdiction, Operations, Maintenance, 

21 and Procurement’’, $515,436,000. 

22 (6) ‘‘Transportation Security Administration, 

23 Transportation Security Support’’, $954,277,000. 

24 (7) ‘‘Transportation Security Administration, 

25 Federal Air Marshals’’, $910,563,000. 


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1 (8) ‘‘United States Secret Service, Salaries and 

2 Expenses’’, $1,601,454,000. 

3 (9) ‘‘National Protection and Programs Direc4 torate, United States Visitor and Immigrant Status 

5 Indicator Technology’’, $279,133,000. 

6 (10) ‘‘Office of Health Affairs’’, $132,499,000 

7 of which $85,390,000 shall be for BioWatch and 

8 $26,702,000 is for salaries and expenses. 

9 (11) ‘‘Federal Emergency Management Agency, 

10 Salaries and Expenses’’, $837,090,000, of which 

11 $35,180,000 shall be for the National Urban Search 

12 and Rescue Response System, not to exceed 

13 $22,000,000 shall be for capital improvements at 

14 the Mount Weather Emergency Operations Center, 

15 and not less than $5,000,000 shall be for expenses 

16 related to modernization of automated systems. 

17 (12) ‘‘United States Citizenship and Immigra18 tion Services’’, $111,924,000 for the E-Verify Pro19 gram. 

20 SEC. 1604. Notwithstanding section 1101, the level 

21 for ‘‘Department of Homeland Security, Transportation 

22 Security Administration, Aviation Security’’ shall be 

23 $5,048,008,000: Provided, That the amounts included 

24 under such heading in division D of Public Law 112–74 

25 shall be applied to funds appropriated by this division by 


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1 substituting ‘‘$3,972,020,000’’ for ‘‘$4,167,631,000’’; by 

2 substituting ‘‘$408,930,000’’ for ‘‘$543,103,000’’; by sub3 stituting ‘‘$115,204,000’’ for ‘‘$204,768,000’’; by sub4 stituting ‘‘$1,075,988,000’’ for ‘‘$1,086,325,000’’; by 

5 substituting ‘‘9 percent’’ for ‘‘10 percent’’; and by sub6 stituting ‘‘$2,978,008,000’’ for ‘‘$3,223,956,000’’. 

7 SEC. 1605. Notwithstanding section 1101, the level 

8 for ‘‘Department of Homeland Security, Coast Guard, Ac9 quisition, Construction, and Improvements’’ shall be 

10 $1,468,393,000, of which $1,005,800,000 shall be for ves11 sels, small boats, and related equipment, including 6 Fast 

12 Response Cutters, 1 National Security Cutter, 5 Response 

13 Boat-Mediums, and initial development of an icebreaker; 

14 and $190,500,000 shall be for aircraft including 1 

15 missionized HC-130J aircraft, 1 missionized HC-144 air16 craft, and one H-60 helicopter, $64,000,000 shall be for 

17 other acquisition programs, $94,411,000 shall be for 

18 shore, military housing, and aids to navigation, and 

19 $113,682,000 shall be for personnel compensation and 

20 benefits and other costs: Provided, That funds under this 

21 heading for vessels shall be immediately available and al22 lotted to contract for the production of the sixth National 

23 Security Cutter notwithstanding the availability of funds 

24 for post-production costs: Provided further, That the Coast 

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1 tire 3 HU-24 aircraft, disestablish the Patrol Boat High2 Tempo-Maintenance Operations, and disestablish the Vin3 tage Vessel National Center of Expertise. 

4 SEC. 1606. The following amounts are rescinded: 

5 (1) Of the funds made available for ‘‘Depart6 ment of Homeland Security, Coast Guard, Acquisi7 tion, Construction, and Improvements’’ in division D 

8 of Public Law 110–329, $25,000,000, to be derived 

9 from the amounts made available under such head10 ing for the fourth National Security Cutter. 

11 (2) Of the funds made available for ‘‘Depart12 ment of Homeland Security, Coast Guard, Acquisi13 tion, Construction, and Improvements’’ in Public 

14 Law 112–10, $43,500,000, to be derived from the 

15 amounts made available under such heading for the 

16 fifth National Security Cutter. 

17 SEC. 1607. (a) Notwithstanding section 1101, the 

18 level for ‘‘Department of Homeland Security, National 

19 Protection and Programs Directorate, Infrastructure Pro20 tection and Information Security’’ shall be 

21 $1,138,528,000: Provided, That of such amount, 

22 $328,000,000 shall be for Network Security Deployment, 

23 and $218,000,000 shall be for Federal Network Security 

24 to establish and sustain essential cybersecurity activities, 

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1 toring and diagnostics systems and intrusion detection 

2 systems for civilian Federal computer networks: Provided 

3 further, That of the aggregate amount made available in 

4 the preceding proviso for Network Security Deployment 

5 and Federal Network Security, $213,000,000 shall remain 

6 available until September 30, 2014. 

7 (b) Not later than 15 days after the date of the enact8 ment of this division, the Secretary of Homeland Security 

9 shall submit to the Committees on Appropriations of the 

10 House of Representatives and the Senate an updated ex11 penditure plan for essential cybersecurity activities de12 scribed in subsection (a). 

13 SEC. 1608. Section 532(a) of the Department of 

14 Homeland Security Appropriations Act, 2007 (Public Law 

15 109–295) is amended by striking ‘‘2012’’ and inserting 

16 ‘‘2013’’. 

17 SEC. 1609. Section 550(b) of the Department of 

18 Homeland Security Appropriations Act, 2007 (Public Law 

19 109–295; 6 U.S.C. 121 note) is amended by striking ‘‘on 

20 October 4, 2012’’ and inserting ‘‘on October 4, 2013’’. 

21 SEC. 1610. Section 831 of the Homeland Security 

22 Act of 2002 (6 U.S.C. 391) is amended— 

23 (1) in subsection (a), by striking ‘‘Until Sep24 tember 30, 2012,’’ and inserting ‘‘Until September 

25 30, 2013,’’; and 


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1 (2) in subsection (c)(1), by striking ‘‘September 

2 30, 2012,’’ and inserting ‘‘September 30, 2013,’’. 

3 SEC. 1611. (a) The third, fourth, and fifth provisos 

4 under the heading ‘‘Department of Homeland Security, 

5 Office of the Secretary and Executive Management’’ in di6 vision D of Public Law 112–74 shall not apply to funds 

7 appropriated by this division. 

8 (b) The second, third, and fourth provisos under the 

9 heading ‘‘Department of Homeland Security, National 

10 Protection and Programs Directorate, Management and 

11 Administration’’ in division D of Public Law 112–74 shall 

12 not apply to funds appropriated by this division. 

13 TITLE VII—INTERIOR, ENVIRONMENT, AND 

14 RELATED AGENCIES 

15 SEC. 1701. The contract authority provided for fiscal 

16 year 2013 by 16 U.S.C. 460l–10a is rescinded. 

17 SEC. 1702. Notwithstanding section 1101, the level 

18 for ‘‘Department of the Interior, Department-wide Pro19 grams, Wildland Fire Management’’ shall be 

20 $823,473,000: Provided, That of the amounts made avail21 able by section 140(b) of Public Law 112–175 (126 Stat. 

22 1321), $7,500,000 is rescinded. 

23 SEC. 1703. Section 10101(a) of the Omnibus Budget 

24 Reconciliation Act of 1993 (30 U.S.C. 28f(a)), as amend25 ed by section 430 of the Department of the Interior, EnviVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 ronment, and Related Agencies Appropriations Act, 2012 

2 (division E of Public Law 112–74; 125 Stat 1047), is fur3 ther amended— 

4 (1) in paragraph (1) in the first sentence, by 

5 striking ‘‘on’’ the first place it appears and inserting 

6 ‘‘before, on,’’; and 

7 (2) in paragraph (2)— 

8 (A) by striking ‘‘located’’ the second place 

9 it appears; 

10 (B) by inserting at the end of the fol11 lowing: ‘‘Such claim maintenance fee shall be in 

12 lieu of the assessment work requirement con13 tained in the Mining Law of 1872 (30 U.S.C. 

14 28 to 28e) and the related filing requirements 

15 contained in section 314(a) and (c) of the Fed16 eral Land Policy and Management Act of 1976 

17 (43 U.S.C. 1744(a) and (c)).’’; and 

18 (C) by striking ‘‘(a)’’ in the first sentence 

19 and inserting ‘‘(a)(1)’’. 

20 SEC. 1704. (a) Of the unobligated balances available 

21 under the following headings from prior appropriation 

22 Acts, the following amounts are rescinded: 

23 (1) ‘‘Hazardous Substance Superfund’’, 

24 $15,000,000. 


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1 (2) ‘‘State and Tribal Assistance Grants’’, 

2 $35,000,000, as follows: 

3 (A) $10,000,000 from unobligated 

4 Brownfields balances. 

5 (B) $5,000,000 from unobligated categor6 ical grant balances. 

7 (C) $10,000,000 from unobligated Drink8 ing Water State Revolving Funds balances. 

9 (D) $10,000,000 from unobligated Clean 

10 Water State Revolving Funds balances. 

11 (b) No amounts may be rescinded under subsection 

12 (a) from amounts that were designated by the Congress 

13 as an emergency requirement pursuant to a concurrent 

14 resolution on the budget or the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 SEC. 1705. Notwithstanding subsection (d)(2) of sec17 tion 33 of the Federal Insecticide, Fungicide, and 

18 Rodenticide Act (7 U.S.C. 136w-8), the Administrator of 

19 the Environmental Protection Agency may assess pesticide 

20 registration service fees under such section for fiscal year 

21 2013. 

22 SEC. 1706. Notwithstanding section 1101, the level 

23 for ‘‘Department of Agriculture, Forest Service, Wildland 

24 Fire Management’’ shall be $2,444,390,000. In addition 

25 to such amount, there is appropriated $40,000,000 for an 


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1 additional amount for fiscal year 2013 for such account, 

2 to remain available until expended, for repayment to other 

3 appropriations accounts from which funds were trans4 ferred in fiscal year 2012 for wildfire suppression. 

5 SEC. 1707. The authority provided by section 331 of 

6 the Department of the Interior and Related Agencies Ap7 propriations Act, 2000 (enacted by reference in section 

8 1000(a)(3) of Public Law 106–113; 16 U.S.C. 497 note) 

9 shall continue in effect through the date specified in sec10 tion 1106 of this division. 

11 SEC. 1708. Notwithstanding section 1101, the level 

12 for ‘‘Presidio Trust, Presidio Trust Fund’’ and ‘‘Dwight 

13 D. Eisenhower Memorial Commission, Capital Construc14 tion’’ shall be $0. 

15 SEC. 1709. Notwithstanding section 1101, section 

16 408 of division E of Public Law 112–74 (125 Stat. 1038) 

17 shall be applied to funds appropriated by this division by 

18 substituting ‘‘112–10, and 112–74’’ for ‘‘112–10’’ and by 

19 substituting ‘‘2012’’ for ‘‘2011’’. 

20 TITLE VIII—LABOR, HEALTH AND HUMAN 

21 SERVICES, EDUCATION, AND RELATED 

22 AGENCIES 

23 SEC. 1801. Of the funds made available to the ‘‘De24 partment of Labor, Employment and Training Adminis25 tration’’ from any previous appropriations acts that reVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 main unobligated as of the date of enactment of this divi2 sion, up to $40,000,000 may be transferred to ‘‘Employ3 ment and Training Administration, Office of Job Corps’’ 

4 for Job Corps operations for program years 2012 and 

5 2013 and shall be in addition to any other amounts avail6 able to the Office of Job Corps for such purposes: Pro7 vided, That not less than $15,000,000 shall be transferred 

8 within 30 days of enactment of this division to support 

9 Job Corps operations for the program year ending June 

10 30, 2013: Provided further, That, not later than 15 days 

11 after any transfer has been made under the authority of 

12 this section, the Secretary of Labor shall submit a report 

13 to the Committees on Appropriations of the House of Rep14 resentatives and the Senate that details the source of the 

15 transferred funds and the specific programs, projects, or 

16 activities for which such funds will be used, and provides 

17 a detailed explanation of the need for such transfer. 

18 SEC. 1802. Notwithstanding section 1101, the level 

19 for ‘‘Department of Labor, Veterans Employment and 

20 Training’’ shall be $264,436,000, of which $226,251,000 

21 shall be derived from the Employment Security Adminis22 tration Account in the Unemployment Trust Fund: Pro23 vided, That the level provided under such heading for Vet24 erans Workforce Investment Program grants shall be used 

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1 thorized by the VOW to Hire Heroes Act of 2011, shall 

2 be available through September 30, 2013, and shall be in 

3 addition to any other funds available for those purposes: 

4 Provided further, That of the level provided under such 

5 heading, not less than $14,000,000 shall be for the Tran6 sition Assistance Program, and $3,414,000 shall be for 

7 the National Veterans’ Employment and Training Services 

8 Institute. 

9 SEC. 1803. The first proviso under the heading ‘‘De10 partment of Health and Human Services, Administration 

11 for Children and Families, Low Income Home Energy As12 sistance’’ in division F of Public Law 112–74 shall be ap13 plied to amounts made available by this division by sub14 stituting ‘‘2013’’ for ‘‘2012’’. 

15 SEC. 1804. Notwithstanding section 1101, the level 

16 for ‘‘Department of Health and Human Services, Admin17 istration for Children and Families, Refugee and Entrant 

18 Assistance’’ shall be $992,000,000. 

19 SEC. 1805. Notwithstanding section 1101, the rescis20 sions made in sections 522 and 525 of division F of Public 

21 Law 112–74 shall be repeated in this division with respect 

22 to funds available for fiscal year 2013. 

23 SEC. 1806. Of the amount provided by section 1101 

24 for ‘‘Department of Education, Safe Schools and Citizen25 ship Education’’ for subpart 2 of part A of title IV of 


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1 the Elementary and Secondary Education Act of 1965, 

2 $3,000,000, to remain available until expended, shall be 

3 for the Project School Emergency Response to Violence 

4 program to provide education-related services to local edu5 cational agencies and institutions of higher education in 

6 which the learning environment has been disrupted due 

7 to a violent or traumatic crisis. 

8 TITLE IX—LEGISLATIVE BRANCH 

9 SEC. 1901. (a) Of the amounts made available by sec10 tion 1101 for accounts under the heading ‘‘Architect of 

11 the Capitol’’, the Architect of the Capitol may transfer an 

12 aggregate amount of not more than $61,247,000 to ‘‘Ar13 chitect of the Capitol, Capitol Building’’, solely for ex14 penses related to the rehabilitation of the United States 

15 Capitol Dome. 

16 (b) The transfer of amounts under the authority of 

17 subsection (a) shall be subject to the approval of the Com18 mittees on Appropriations of the House of Representatives 

19 and Senate. 

20 (c) Any amounts transferred under the authority of 

21 subsection (a) shall remain available until expended. 

22 TITLE X—DEPARTMENT OF STATE, FOREIGN 

23 OPERATIONS, AND RELATED PROGRAMS 

24 SEC. 2001. (a) Notwithstanding section 1101, the 

25 level for the following accounts shall be as follows: ‘‘OverVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 seas Contingency Operations/Global War on Terrorism, 

2 Department of State, Administration of Foreign Affairs, 

3 Diplomatic and Consular Programs’’, $4,169,640,000, of 

4 which $952,695,000 is for Worldwide Security Protection 

5 (to be available until expended); and ‘‘Overseas Contin6 gency Operations/Global War on Terrorism, Department 

7 of State, Administration of Foreign Affairs, Embassy Se8 curity, Construction, and Maintenance’’, $1,362,124,000: 

9 Provided, That funds made available under this subsection 

10 shall be used for operations at high threat posts, security 

11 programs to protect personnel and property under Chief 

12 of Mission authority, preventing the compromise of classi13 fied United States Government information and equip14 ment, and security construction or upgrade requirements 

15 at Department of State facilities worldwide, including for 

16 Worldwide Security Upgrades. 

17 (b) Of the unobligated balances from funds appro18 priated in title VIII of division I of Public Law 112–74 

19 under the heading ‘‘Overseas Contingency Operations/ 

20 Global War on Terrorism, Department of State, Adminis21 tration of Foreign Affairs, Diplomatic and Consular Pro22 grams’’ and designated by the Congress for Overseas Con23 tingency Operations/Global War on Terrorism pursuant to 

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1 gency Deficit Control Act of 1985, $1,109,700,000 is re2 scinded. 

3 (c) The Secretary of State shall submit a report to 

4 the Committees on Appropriations of the House of Rep5 resentatives and the Senate providing an assessment of 

6 security requirements at United States diplomatic facili7 ties abroad, a comprehensive plan for addressing such re8 quirements, and a detailed description of embassy security 

9 improvements to be supported from funds made available 

10 under this section. Such report shall be submitted in un11 classified form, but may include a classified annex if ap12 propriate. 

13 SEC. 2002. The amounts included in the first para14 graph under the heading ‘‘International Security Assist15 ance, Funds Appropriated to the President, Foreign Mili16 tary Financing Program’’ in title IV of division I of Public 

17 Law 112–74 shall be applied to funds appropriated by this 

18 division by substituting in the second proviso 

19 ‘‘$3,100,000,000’’ for ‘‘$3,075,000,000’’ and by sub20 stituting in the fourth proviso ‘‘$815,300,000’’ for 

21 ‘‘$808,725,000’’. 

22 SEC. 2003. (a) Notwithstanding section 1101, the 

23 level for each of the following accounts shall be $0: ‘‘Multi24 lateral Assistance, International Financial Institutions, 

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1 eral Investment Fund’’ and ‘‘Multilateral Assistance, 

2 International Financial Institutions, European Bank for 

3 Reconstruction and Development, Limitation on Callable 

4 Capital Subscriptions’’. 

5 (b) Notwithstanding section 1101, the level for the 

6 second paragraph for each of the following accounts shall 

7 be $0: ‘‘Multilateral Assistance, International Financial 

8 Institutions, Contribution to the International Develop9 ment Association’’, ‘‘Multilateral Assistance, International 

10 Financial Institutions, Contribution to the Inter-American 

11 Development Bank’’, and ‘‘Multilateral Assistance, Inter12 national Financial Institutions, Contribution to the Afri13 can Development Fund’’. 

14 SEC. 2004. The Foreign Operations, Export Financ15 ing, and Related Programs Appropriations Act, 1990 

16 (Public Law 101–167) is amended— 

17 (a) in section 599D (8 U.S.C. 1157 note)— 

18 (1) in subsection (b)(3), by striking ‘‘and 

19 2012’’ and inserting ‘‘2012, and 2013’’; and 

20 (2) in subsection (e), by striking ‘‘2012’’ each 

21 place it appears and inserting ‘‘2013’’; and 

22 (b) in section 599E (8 U.S.C. 1255 note) in sub23 section (b)(2), by striking ‘‘2012’’ and inserting ‘‘2013’’. 

24 SEC. 2005. Of the unexpended balances available 

25 under the heading ‘‘Export and Investment Assistance, 


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1 Export-Import Bank of the United States, Subsidy Appro2 priation’’ from prior Acts making appropriations for the 

3 Department of State, foreign operations, and related pro4 grams, $216,213,000 is rescinded. 

5 TITLE XI—TRANSPORTATION, HOUSING AND 

6 URBAN DEVELOPMENT, AND RELATED 

7 AGENCIES 

8 SEC. 2101. (a) Section 120 of division C of Public 

9 Law 112–55 shall not apply to amounts made available 

10 by this division. 

11 (b) During the period covered by this division, section 

12 1102 of Public Law 112–141 shall be applied— 

13 (1) in subsection (a)(1), by substituting 

14 ‘‘$39,143,582,670’’ for ‘‘$39,699,000,000’’; 

15 (2) in subsection (b)(10), as if the limitation 

16 applicable through fiscal year 2011 applied through 

17 fiscal year 2012; and 

18 (3) in subsection (c)(5), by treating the ref19 erence to section 204 of title 23, United States 

20 Code, as a reference to sections 202 and 204 of such 

21 title. 

22 SEC. 2102. Notwithstanding section 1101, the level 

23 for ‘‘Department of Transportation, National Highway 

24 Traffic Safety Administration, Highway Traffic Safety 

25 Grants’’ shall be $501,828,000: Provided, That the matter 


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1 under such heading in division C of Public Law 112–55 

2 shall be applied to amounts made available by this division 

3 as follows: 

4 (1) by substituting ‘‘$501,828,000’’ for 

5 ‘‘$550,328,000’’ the second place it appears; 

6 (2) by substituting ‘‘23 U.S.C. 402 and 405 

7 (‘National Priority Safety Programs’), section 

8 31101(a)(6) of Public Law 112–141, and section 

9 2009 of Public Law 109–59 (as amended by Public 

10 Law 112–141)’’ for ‘‘23 U.S.C. 402, 405, 406, 408, 

11 and 410 and sections 2001(a)(11), 2009, 2010, and 

12 2011 of Public Law 109–59’’ each place it appears; 

13 (3) by substituting ‘‘fiscal year 2013’’ for ‘‘fis14 cal year 2012’’; 

15 (4) by substituting ‘‘ ‘Occupant Protection 

16 Grants’ under 23 U.S.C. 405(b)’’ for ‘‘ ‘Occupant 

17 Protection Incentive Grants’ under 23 U.S.C. 405’’; 

18 (5) by substituting ‘‘$0’’ for ‘‘$48,500,000’’; 

19 (6) by substituting ‘‘ ‘State Traffic Safety In20 formation System Improvements’ under 23 U.S.C. 

21 405(c)’’ for ‘‘ ‘State Traffic Safety Information Sys22 tem Improvements’ under 23 U.S.C. 408’’; 

23 (7) by substituting ‘‘ ‘Impaired Driving Coun24 termeasures’ under 23 U.S.C. 405(d)’’ for ‘‘ ‘AlcoVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 hol-Impaired Driving Countermeasures Incentive 

2 Grant Program’ under 23 U.S.C. 410’’; 

3 (8) by substituting ‘‘ ‘Administrative Expenses’ 

4 under section 31101(a)(6) of Public Law 112–141’’ 

5 for ‘‘ ‘Administrative Expenses’ under section 

6 2001(a)(11) of Public Law 109–59’’; 

7 (9) by substituting ‘‘ ‘Motorcyclist Safety’ under 

8 23 U.S.C. 405(f)’’ for ‘‘ ‘Motorcyclist Safety’ under 

9 section 2010 of Public Law 109–59’’; 

10 (10) by substituting ‘‘ ‘Occupant Protection 

11 Grants’ under 23 U.S.C. 405(b)’’ for ‘‘ ‘Child Safety 

12 and Child Booster Seat Safety Incentive Grants’ 

13 under section 2011 of Public Law 109–59’’; 

14 (11) by substituting ‘‘section 405(a)(1)(C) of 

15 title 23, United States Code’’ for ‘‘section 410 ‘Alco16 hol-Impaired Driving Countermeasures Grants’ ’’; 

17 (12) by substituting ‘‘$0’’ for ‘‘$750,000’’; and 

18 (13) by substituting ‘‘$0’’ for ‘‘$25,000,000’’. 

19 SEC. 2103. The matter under the heading ‘‘Depart20 ment of Transportation, Federal Transit Administration, 

21 Formula and Bus Grants’’ in division C of Public Law 

22 112–55 shall be applied to amounts made available by this 

23 division by substituting ‘‘49 U.S.C. 5305, 5307, 5310, 

24 5311, 5318, 5322(d), 5335, 5337, 5339, and 5340’’ for 

25 ‘‘49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 


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1 5317, 5320, 5335, 5339, and 5340 and section 3038 of 

2 Public Law 105–178, as amended’’ each place it appears. 

3 SEC. 2104. Section 601(e)(1)(B) of division B of 

4 Public Law 110–432 shall be applied by substituting the 

5 date specified in section 1106 of this division for ‘‘4 years 

6 after such date’’. 

7 SEC. 2105. Section 112 of division C of Public Law 

8 112–55 shall be applied to funds appropriated by this divi9 sion by treating such section as if it were amended by 

10 striking ‘‘49 U.S.C. 41742(b) shall not apply, and’’. 

11 SEC. 2106. The first proviso under the heading ‘‘De12 partment of Housing and Urban Development, Commu13 nity Planning and Development, Homeless Assistance 

14 Grants’’ in division C of Public Law 112–55 (125 Stat. 

15 685) shall be applied to amounts appropriated by this divi16 sion by substituting ‘‘not more than’’ for ‘‘not less than’’. 

17 SEC. 2107. Notwithstanding section 1101, the level 

18 for ‘‘Department of Housing and Urban Development, 

19 Public and Indian Housing, Indian Housing Loan Guar20 antee Fund Program Account’’ shall be $7,360,000: Pro21 vided, That the second proviso under such heading in divi22 sion C of Public Law 112–55 shall be applied to funds 

23 appropriated by this division by substituting 

24 ‘‘$976,000,000’’ for ‘‘$360,000,000’’. 


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1 This division may be cited as the ‘‘Full-Year Con2 tinuing Appropriations Act, 2013’’. 

3 DIVISION D—ACROSS-THE-BOARD REDUCTIONS 

4 SEC. 3001. (a) There is hereby rescinded the applica5 ble percentage (as specified in subsection (b)) of— 

6 (1) the budget authority provided (or obligation 

7 limit imposed) for fiscal year 2013 for any discre8 tionary account in divisions A through C of this Act; 

9 (2) the budget authority provided in any ad10 vance appropriation for fiscal year 2013 for any dis11 cretionary account in any prior fiscal year appro12 priation Act; and 

13 (3) the contract authority provided in fiscal 

14 year 2013 for any program subject to limitation in15 corporated or otherwise contained in divisions A 

16 through C of this Act. 

17 (b)(1) For purposes of subsection (a), the applicable 

18 percentage shall be— 

19 (A) for budget authority in the nonsecurity cat20 egory (as defined in section 250(c)(4)(A) of the Bal21 anced Budget and Emergency Deficit Control Act of 

22 1985), 0.098 percent; and 

23 (B) for budget authority in the security cat24 egory (as defined in section 250(c)(4)(B) of the BalVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6401 E:\BILLS\H933.PP H933

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1 anced Budget and Emergency Deficit Control Act of 

2 1985), 0.109 percent. 

3 (2) If, for fiscal year 2013, the amount of new budget 

4 authority provided in appropriation Acts exceeds the dis5 cretionary spending limits set forth in section 251(c)(2) 

6 of the Balanced Budget and Emergency Deficit Control 

7 Act on new budget authority for any category due to esti8 mating differences with the Congressional Budget Office, 

9 the Director of the Office of Management and Budget 

10 shall increase the applicable percentage in paragraph (1) 

11 with respect to that category by such amount as is nec12 essary to eliminate the amount of the excess in that cat13 egory. 

14 (c) Any rescission made by subsection (a) shall be ap15 plied proportionately— 

16 (1) to each discretionary account and each item 

17 of budget authority described in such subsection; 

18 and 

19 (2) within each such account and item, to each 

20 program, project, and activity (with programs, 

21 projects, and activities as delineated in the applica22 ble appropriation Act or accompanying reports cov23 ering such account or item). 

24 (d) This section shall not apply to— 


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1 (1) amounts designated by the Congress for 

2 Overseas Contingency Operations/Global War on 

3 Terrorism pursuant to section 251(b)(2)(A) of the 

4 Balanced Budget and Emergency Deficit Control 

5 Act of 1985 or as being for disaster relief pursuant 

6 to section 251(b)(2)(D) of such Act; or 

7 (2) the amount made available by division C of 

8 this Act for ‘‘Social Security Administration, Limita9 tion on Administrative Expenses’’ for continuing dis10 ability reviews under titles II and XVI of the Social 

11 Security Act and for the cost associated with con12 ducting redeterminations of eligibility under title 

13 XVI of the Social Security Act. 

14 (e) Within 30 days after the date of the enactment 

15 of this section, the Director of the Office of Management 

16 and Budget shall submit to the Committees on Appropria17 tions of the House of Representatives and the Senate a 

18 report specifying the account and amount of each rescis19 sion made pursuant to this section. 

20 SEC. 3002. Notwithstanding any other provision of 

21 this Act, if, on or after the date of enactment of this Act, 

22 a sequestration order issued by the President pursuant to 

23 section 251A(7)(A) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985 is in effect, the reduc25 tions in each discretionary account under such order shall 


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1 apply to the amounts provided in this Act consistent with 

2 section 253(f) of that Act, and shall be in addition to any 

3 reductions required by section 251(a) of that Act. 

4 SHORT TITLE

5 SECTION 1. This Act may be cited as the ‘‘Consolidated 

6 and Further Continuing Appropriations Act, 2013’’. 

7 TABLE OF CONTENTS

8 SEC. 2. The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Explanatory statement. 

Sec. 5. Availability of funds. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND 

DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2013 

Title I—Agricultural Programs 

Title II—Conservation Programs 

Title III—Rural Development Programs 

Title IV—Domestic Food Programs 

Title V—Foreign Assistance and Related Programs 

Title VI—Related Agency and Food and Drug Administration 

Title VII—General provisions 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2013 

Title I—Department of Commerce 

Title II—Department of Justice 

Title III—Science 

Title IV—Related agencies 

Title V—General provisions 

DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 

2013 

Title I—Military Personnel 

Title II—Operation and Maintenance 

Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 

Title VII—Related agencies 

Title VIII—General provisions 

Title IX—Overseas contingency operations 


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DIVISION D—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2013 

Title I—Departmental management and operations 

Title II—Security, enforcement, and investigations 

Title III—Protection, preparedness, response, and recovery 

Title IV—Research and development, training, and services 

Title V—General provisions 

DIVISION E—MILITARY CONSTRUCTION AND VETERANS AFFAIRS, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2013 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—Related agencies 

Title IV—Overseas contingency operations 

Title V—General provisions 

DIVISION F—FURTHER CONTINUING APPROPRIATIONS ACT, 2013 

Title I—General Provisions 

Title II—Energy and Water Development 

Title III—Financial Services and General Government 

Title IV—Interior, Environment, and Related Agencies 

Title V—Labor, Health and Human Services, and Education, and Related Agencies 

Title VI—Legislative Branch 

Title VII—Department of State, Foreign Operations, and Related Programs 

Title VIII—Transportation and Housing and Urban Development, and Related 

Agencies 

DIVISION G—OTHER MATTERS 

1 REFERENCES

2 SEC. 3. Except as expressly provided otherwise, any 

3 reference to ‘‘this Act’’ contained in division A, B, C, D, 

4 or E of this Act shall be treated as referring only to the 

5 provisions of that division. 

6 EXPLANATORY STATEMENT

7 SEC. 4. The explanatory statement regarding this Act 

8 printed in the Senate section of the Congressional Record 

9 on or about March 11, 2013, by the Chairwoman of the 

10 Committee on Appropriations of the Senate shall have the 

11 same effect with respect to the allocation of funds and imVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 plementation of this Act as if it were a joint explanatory 

2 statement of a committee of conference. 

3 AVAILABILITY OF FUNDS

4 SEC. 5. Each amount designated in this Act by the 

5 Congress for Overseas Contingency Operations/Global War 

6 on Terrorism pursuant to section 251(b)(2)(A) of the Bal7 anced Budget and Emergency Deficit Control Act of 1985 

8 shall be available (or rescinded, if applicable) only if the 

9 President subsequently so designates all such amounts and 

10 transmits such designations to the Congress. 

11 DIVISION A—AGRICULTURE, RURAL DE12 VELOPMENT, FOOD AND DRUG ADMIN13 ISTRATION, AND RELATED AGENCIES 

14 APPROPRIATIONS ACT, 2013 

15 The following sums are hereby appropriated, out of 

16 any money in the Treasury not otherwise appropriated, for 

17 the fiscal year ending September 30, 2013, for Agriculture, 

18 Rural Development, Food and Drug Administration, and 

19 Related Agencies programs and for other purposes, namely: 

20 TITLE I 

21 AGRICULTURAL PROGRAMS 

22 PRODUCTION, PROCESSING AND MARKETING

23 OFFICE OF THE SECRETARY

24 (INCLUDING TRANSFERS OF FUNDS) 

25 For necessary expenses of the Office of the Secretary, 

26 $46,388,000, of which not to exceed $5,051,000 shall be 


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1 available for the immediate Office of the Secretary; not to 

2 exceed $498,000 shall be available for the Office of Tribal 

3 Relations; not to exceed $1,496,000 shall be available for 

4 the Office of Homeland Security and Emergency Coordina5 tion; not to exceed $1,422,000 shall be available for the Of6 fice of Advocacy and Outreach; not to exceed $25,046,000 

7 shall be available for the Office of the Assistant Secretary 

8 for Administration, of which $24,242,000 shall be available 

9 for Departmental Administration to provide for necessary 

10 expenses for management support services to offices of the 

11 Department and for general administration, security, re12 pairs and alterations, and other miscellaneous supplies and 

13 expenses not otherwise provided for and necessary for the 

14 practical and efficient work of the Department; not to ex15 ceed $3,869,000 shall be available for the Office of Assistant 

16 Secretary for Congressional Relations to carry out the pro17 grams funded by this Act, including programs involving 

18 intergovernmental affairs and liaison within the executive 

19 branch; and not to exceed $9,006,000 shall be available for 

20 the Office of Communications: Provided, That the Secretary 

21 of Agriculture is authorized to transfer funds appropriated 

22 for any office of the Office of the Secretary to any other 

23 office of the Office of the Secretary: Provided further, That 

24 no appropriation for any office shall be increased or de25 creased by more than 5 percent: Provided further, That not 


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1 to exceed $11,000 of the amount made available under this 

2 paragraph for the immediate Office of the Secretary shall 

3 be available for official reception and representation ex4 penses, not otherwise provided for, as determined by the 

5 Secretary: Provided further, That the amount made avail6 able under this heading for Departmental Administration 

7 shall be reimbursed from applicable appropriations in this 

8 Act for travel expenses incident to the holding of hearings 

9 as required by 5 U.S.C. 551–558: Provided further, That 

10 funds made available under this heading for the Office of 

11 Assistant Secretary for Congressional Relations may be 

12 transferred to agencies of the Department of Agriculture 

13 funded by this Act to maintain personnel at the agency 

14 level: Provided further, That no funds made available under 

15 this heading for the Office of Assistant Secretary for Con16 gressional Relations may be obligated after 30 days from 

17 the date of enactment of this Act, unless the Secretary has 

18 notified the Committees on Appropriations of both Houses 

19 of Congress on the allocation of these funds by USDA agen20 cy. 

21 EXECUTIVE OPERATIONS

22 OFFICE OF THE CHIEF ECONOMIST

23 For necessary expenses of the Office of the Chief Econo24 mist, $16,008,000, of which $4,000,000 shall be for grants 

25 or cooperative agreements for policy research under 7 


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1 U.S.C. 3155 and shall be obligated within 90 days of the 

2 enactment of this Act. 

3 NATIONAL APPEALS DIVISION

4 For necessary expenses of the National Appeals Divi5 sion, $14,225,000. 

6 OFFICE OF BUDGET AND PROGRAM ANALYSIS

7 For necessary expenses of the Office of Budget and Pro8 gram Analysis, $9,049,000. 

9 OFFICE OF THE CHIEF INFORMATION OFFICER

10 For necessary expenses of the Office of the Chief Infor11 mation Officer, $44,031,000. 

12 OFFICE OF THE CHIEF FINANCIAL OFFICER

13 For necessary expenses of the Office of the Chief Finan14 cial Officer, $6,247,000: Provided, That no funds made 

15 available by this appropriation may be obligated for FAIR 

16 Act or Circular A–76 activities until the Secretary has sub17 mitted to the Committees on Appropriations of both Houses 

18 of Congress and the Committee on Oversight and Govern19 ment Reform of the House of Representatives a report on 

20 the Department’s contracting out policies, including agency 

21 budgets for contracting out. 

22 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

23 RIGHTS

24 For necessary expenses of the Office of the Assistant 

25 Secretary for Civil Rights, $893,000. 


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1 OFFICE OF CIVIL RIGHTS

2 For necessary expenses of the Office of Civil Rights, 

3 $22,692,000. 

4 AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL

5 PAYMENTS

6 (INCLUDING TRANSFERS OF FUNDS)

7 For payment of space rental and related costs pursu8 ant to Public Law 92–313, including authorities pursuant 

9 to the 1984 delegation of authority from the Administrator 

10 of General Services to the Department of Agriculture under 

11 40 U.S.C. 486, for programs and activities of the Depart12 ment which are included in this Act, and for alterations 

13 and other actions needed for the Department and its agen14 cies to consolidate unneeded space into configurations suit15 able for release to the Administrator of General Services, 

16 and for the operation, maintenance, improvement, and re17 pair of Agriculture buildings and facilities, and for related 

18 costs, $271,336,000, to remain available until expended, of 

19 which $175,694,000 shall be available for payments to the 

20 General Services Administration for rent; of which 

21 $13,473,000 is for payments to the Department of Home22 land Security for building security activities; and of which 

23 $82,169,000 is for buildings operations and maintenance 

24 expenses: Provided, That the Secretary may use unobligated 

25 prior year balances of an agency or office that are no longer 


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1 available for new obligation to cover shortfalls incurred in 

2 prior year rental payments for such agency or office: Pro3 vided further, That the Secretary is authorized to transfer 

4 funds from a Departmental agency to this account to re5 cover the full cost of the space and security expenses of that 

6 agency that are funded by this account when the actual 

7 costs exceed the agency estimate which will be available for 

8 the activities and payments described herein. 

9 HAZARDOUS MATERIALS MANAGEMENT

10 (INCLUDING TRANSFERS OF FUNDS)

11 For necessary expenses of the Department of Agri12 culture, to comply with the Comprehensive Environmental 

13 Response, Compensation, and Liability Act (42 U.S.C. 

14 9601 et seq.) and the Resource Conservation and Recovery 

15 Act (42 U.S.C. 6901 et seq.), $3,992,000, to remain avail16 able until expended: Provided, That appropriations and 

17 funds available herein to the Department for Hazardous 

18 Materials Management may be transferred to any agency 

19 of the Department for its use in meeting all requirements 

20 pursuant to the above Acts on Federal and non-Federal 

21 lands. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector Gen24 eral, including employment pursuant to the Inspector Gen25 eral Act of 1978, $89,016,000, including such sums as may 


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1 be necessary for contracting and other arrangements with 

2 public agencies and private persons pursuant to section 

3 6(a)(9) of the Inspector General Act of 1978, and including 

4 not to exceed $125,000 for certain confidential operational 

5 expenses, including the payment of informants, to be ex6 pended under the direction of the Inspector General pursu7 ant to Public Law 95–452 and section 1337 of Public Law 

8 97–98. 

9 OFFICE OF THE GENERAL COUNSEL

10 For necessary expenses of the Office of the General 

11 Counsel, $45,074,000. 

12 OFFICE OF ETHICS

13 For necessary expenses of the Office of Ethics, 

14 $3,405,000. 

15 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

16 EDUCATION AND ECONOMICS

17 For necessary expenses of the Office of the Under Sec18 retary for Research, Education and Economics, $893,000. 

19 ECONOMIC RESEARCH SERVICE

20 For necessary expenses of the Economic Research Serv21 ice, $77,397,000. 

22 NATIONAL AGRICULTURAL STATISTICS SERVICE

23 For necessary expenses of the National Agricultural 

24 Statistics Service, $179,477,000, of which up to $62,500,000 


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1 shall be available until expended for the Census of Agri2 culture. 

3 AGRICULTURAL RESEARCH SERVICE

4 SALARIES AND EXPENSES

5 For necessary expenses of the Agricultural Research 

6 Service and for acquisition of lands by donation, exchange, 

7 or purchase at a nominal cost not to exceed $100, and for 

8 land exchanges where the lands exchanged shall be of equal 

9 value or shall be equalized by a payment of money to the 

10 grantor which shall not exceed 25 percent of the total value 

11 of the land or interests transferred out of Federal ownership, 

12 $1,101,853,000: Provided, That appropriations hereunder 

13 shall be available for the operation and maintenance of air14 craft and the purchase of not to exceed one for replacement 

15 only: Provided further, That appropriations hereunder shall 

16 be available pursuant to 7 U.S.C. 2250 for the construction, 

17 alteration, and repair of buildings and improvements, but 

18 unless otherwise provided, the cost of constructing any one 

19 building shall not exceed $375,000, except for headhouses 

20 or greenhouses which shall each be limited to $1,200,000, 

21 and except for 10 buildings to be constructed or improved 

22 at a cost not to exceed $750,000 each, and the cost of alter23 ing any one building during the fiscal year shall not exceed 

24 10 percent of the current replacement value of the building 

25 or $375,000, whichever is greater: Provided further, That 


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1 the limitations on alterations contained in this Act shall 

2 not apply to modernization or replacement of existing fa3 cilities at Beltsville, Maryland: Provided further, That ap4 propriations hereunder shall be available for granting ease5 ments at the Beltsville Agricultural Research Center: Pro6 vided further, That the foregoing limitations shall not apply 

7 to replacement of buildings needed to carry out the Act of 

8 April 24, 1948 (21 U.S.C. 113a): Provided further, That 

9 appropriations hereunder shall be available for granting 

10 easements at any Agricultural Research Service location for 

11 the construction of a research facility by a non-Federal enti12 ty for use by, and acceptable to, the Agricultural Research 

13 Service and a condition of the easements shall be that upon 

14 completion the facility shall be accepted by the Secretary, 

15 subject to the availability of funds herein, if the Secretary 

16 finds that acceptance of the facility is in the interest of the 

17 United States: Provided further, That section 732(b) of divi18 sion A of Public Law 112–55 (125 Stat. 587) is amended 

19 by adding at the end the following new sentence: ‘‘The con20 veyance authority provided by this subsection expires Sep21 tember 30, 2013, and all conveyances under this subsection 

22 must be completed by that date.’’: Provided further, That 

23 funds may be received from any State, other political sub24 division, organization, or individual for the purpose of es25 tablishing or operating any research facility or research 


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1 project of the Agricultural Research Service, as authorized 

2 by law. 

3 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

4 RESEARCH AND EDUCATION ACTIVITIES

5 For payments to agricultural experiment stations, for 

6 cooperative forestry and other research, for facilities, and 

7 for other expenses, $738,638,000, which shall be for the pur8 poses, and in the amounts, specified in the table titled ‘‘Na9 tional Institute of Food and Agriculture, Research and 

10 Education Activities’’ in the report accompanying this Act: 

11 Provided, That funds for research grants for 1994 institu12 tions, education grants for 1890 institutions, capacity 

13 building for non-land-grant colleges of agriculture, the agri14 culture and food research initiative, Critical Agricultural 

15 Materials Act, veterinary medicine loan repayment, multi16 cultural scholars, graduate fellowship and institution chal17 lenge grants, and grants management systems shall remain 

18 available until expended: Provided further, That each insti19 tution eligible to receive funds under the Evans-Allen pro20 gram receives no less than $1,000,000: Provided further, 

21 That funds for education grants for Alaska Native and Na22 tive Hawaiian-serving institutions be made available to in23 dividual eligible institutions or consortia of eligible institu24 tions with funds awarded equally to each of the States of 

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1 cation grants for 1890 institutions shall be made available 

2 to institutions eligible to receive funds under 7 U.S.C. 3221 

3 and 3222. 

4 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

5 For the Native American Institutions Endowment 

6 Fund authorized by Public Law 103–382 (7 U.S.C. 301 

7 note), $11,880,000, to remain available until expended. 

8 EXTENSION ACTIVITIES

9 For payments to States, the District of Columbia, 

10 Puerto Rico, Guam, the Virgin Islands, Micronesia, the 

11 Northern Marianas, and American Samoa, $475,854,000, 

12 which shall be for the purposes, and in the amounts, speci13 fied in the table titled ‘‘National Institute of Food and Agri14 culture, Extension Activities’’ in the report accompanying 

15 this Act: Provided, That funds for facility improvements at 

16 1890 institutions shall remain available until expended: 

17 Provided further, That institutions eligible to receive funds 

18 under 7 U.S.C. 3221 for cooperative extension receive no 

19 less than $1,000,000: Provided further, That funds for coop20 erative extension under sections 3(b) and (c) of the Smith21 Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c) of 

22 Public Law 93–471 shall be available for retirement and 

23 employees’ compensation costs for extension agents. 


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1 INTEGRATED ACTIVITIES

2 For the integrated research, education, and extension 

3 grants programs, including necessary administrative ex4 penses, $21,482,000, which shall be for the purposes, and 

5 in the amounts, specified in the table titled ‘‘National Insti6 tute of Food and Agriculture, Integrated Activities’’ in the 

7 report accompanying this Act: Provided, That funds for the 

8 Food and Agriculture Defense Initiative shall remain avail9 able until September 30, 2014. 

10 OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

11 REGULATORY PROGRAMS

12 For necessary expenses of the Office of the Under Sec13 retary for Marketing and Regulatory Programs, $893,000. 

14 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

15 SALARIES AND EXPENSES

16 (INCLUDING TRANSFERS OF FUNDS)

17 For necessary expenses of the Animal and Plant 

18 Health Inspection Service, including up to $30,000 for rep19 resentation allowances and for expenses pursuant to the 

20 Foreign Service Act of 1980 (22 U.S.C. 4085), 

21 $821,851,000, of which $1,500,000, to remain available 

22 until expended, shall be available for the control of out23 breaks of insects, plant diseases, animal diseases and for 

24 control of pest animals and birds (‘‘contingency fund’’) to 

25 the extent necessary to meet emergency conditions; of which 


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1 $15,970,000, to remain available until expended, shall be 

2 used for the cotton pests program for cost share purposes 

3 or for debt retirement for active eradication zones; of which 

4 $36,858,000, to remain available until expended, shall be 

5 for Animal Health Technical Services; of which $696,000 

6 shall be for activities under the authority of the Horse Pro7 tection Act of 1970, as amended (15 U.S.C. 1831); of which 

8 $52,000,000, to remain available until expended, shall be 

9 used to support avian health; of which $4,335,000, to re10 main available until expended, shall be for information 

11 technology infrastructure; of which $153,950,000, to remain 

12 available until expended, shall be for specialty crop pests; 

13 of which, $9,068,000, to remain available until expended, 

14 shall be for field crop and rangeland ecosystem pests; of 

15 which $56,638,000, to remain available until expended, 

16 shall be for tree and wood pests; of which $2,750,000, to 

17 remain available until expended, shall be for the National 

18 Veterinary Stockpile; of which up to $1,500,000, to remain 

19 available until expended, shall be for the scrapie program 

20 for indemnities; of which $1,500,000, to remain available 

21 until expended, shall be for the wildlife damage manage22 ment program for aviation safety: Provided, That of 

23 amounts available under this heading for wildlife services 

24 methods development, $1,000,000 shall remain available 

25 until expended: Provided further, That of amounts available 


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1 under this heading for the screwworm program, $4,971,000 

2 shall remain available until expended: Provided further, 

3 That no funds shall be used to formulate or administer a 

4 brucellosis eradication program for the current fiscal year 

5 that does not require minimum matching by the States of 

6 at least 40 percent: Provided further, That this appropria7 tion shall be available for the operation and maintenance 

8 of aircraft and the purchase of not to exceed four, of which 

9 two shall be for replacement only: Provided further, That 

10 in addition, in emergencies which threaten any segment of 

11 the agricultural production industry of this country, the 

12 Secretary may transfer from other appropriations or funds 

13 available to the agencies or corporations of the Department 

14 such sums as may be deemed necessary, to be available only 

15 in such emergencies for the arrest and eradication of con16 tagious or infectious disease or pests of animals, poultry, 

17 or plants, and for expenses in accordance with sections 

18 10411 and 10417 of the Animal Health Protection Act (7 

19 U.S.C. 8310 and 8316) and sections 431 and 442 of the 

20 Plant Protection Act (7 U.S.C. 7751 and 7772), and any 

21 unexpended balances of funds transferred for such emer22 gency purposes in the preceding fiscal year shall be merged 

23 with such transferred amounts: Provided further, That ap24 propriations hereunder shall be available pursuant to law 

25 (7 U.S.C. 2250) for the repair and alteration of leased 


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1 buildings and improvements, but unless otherwise provided 

2 the cost of altering any one building during the fiscal year 

3 shall not exceed 10 percent of the current replacement value 

4 of the building. 

5 In fiscal year 2013, the agency is authorized to collect 

6 fees to cover the total costs of providing technical assistance, 

7 goods, or services requested by States, other political sub8 divisions, domestic and international organizations, foreign 

9 governments, or individuals, provided that such fees are 

10 structured such that any entity’s liability for such fees is 

11 reasonably based on the technical assistance, goods, or serv12 ices provided to the entity by the agency, and such fees shall 

13 be reimbursed to this account, to remain available until ex14 pended, without further appropriation, for providing such 

15 assistance, goods, or services. 

16 BUILDINGS AND FACILITIES

17 For plans, construction, repair, preventive mainte18 nance, environmental support, improvement, extension, al19 teration, and purchase of fixed equipment or facilities, as 

20 authorized by 7 U.S.C. 2250, and acquisition of land as 

21 authorized by 7 U.S.C. 428a, $3,175,000, to remain avail22 able until expended. 


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1 AGRICULTURAL MARKETING SERVICE

2 MARKETING SERVICES

3 For necessary expenses of the Agricultural Marketing 

4 Service, $78,863,000: Provided, That this appropriation 

5 shall be available pursuant to law (7 U.S.C. 2250) for the 

6 alteration and repair of buildings and improvements, but 

7 the cost of altering any one building during the fiscal year 

8 shall not exceed 10 percent of the current replacement value 

9 of the building. 

10 Fees may be collected for the cost of standardization 

11 activities, as established by regulation pursuant to law (31 

12 U.S.C. 9701). 

13 LIMITATION ON ADMINISTRATIVE EXPENSES

14 Not to exceed $62,592,000 (from fees collected) shall be 

15 obligated during the current fiscal year for administrative 

16 expenses: Provided, That if crop size is understated and/ 

17 or other uncontrollable events occur, the agency may exceed 

18 this limitation by up to 10 percent with notification to the 

19 Committees on Appropriations of both Houses of Congress. 

20 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

21 SUPPLY (SECTION 32)

22 (INCLUDING TRANSFERS OF FUNDS)

23 Funds available under section 32 of the Act of August 

24 24, 1935 (7 U.S.C. 612c), shall be used only for commodity 

25 program expenses as authorized therein, and other related 


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1 operating expenses, except for: (1) transfers to the Depart2 ment of Commerce as authorized by the Fish and Wildlife 

3 Act of August 8, 1956; (2) transfers otherwise provided in 

4 this Act; and (3) not more than $20,056,000 for formulation 

5 and administration of marketing agreements and orders 

6 pursuant to the Agricultural Marketing Agreement Act of 

7 1937 and the Agricultural Act of 1961. 

8 PAYMENTS TO STATES AND POSSESSIONS

9 For payments to departments of agriculture, bureaus 

10 and departments of markets, and similar agencies for mar11 keting activities under section 204(b) of the Agricultural 

12 Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,331,000. 

13 GRAIN INSPECTION, PACKERS AND STOCKYARDS

14 ADMINISTRATION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Grain Inspection, Pack17 ers and Stockyards Administration, $40,261,000: Provided, 

18 That this appropriation shall be available pursuant to law 

19 (7 U.S.C. 2250) for the alteration and repair of buildings 

20 and improvements, but the cost of altering any one building 

21 during the fiscal year shall not exceed 10 percent of the cur22 rent replacement value of the building. 


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1 LIMITATION ON INSPECTION AND WEIGHING SERVICES

2 EXPENSES

3 Not to exceed $50,000,000 (from fees collected) shall be 

4 obligated during the current fiscal year for inspection and 

5 weighing services: Provided, That if grain export activities 

6 require additional supervision and oversight, or other un7 controllable factors occur, this limitation may be exceeded 

8 by up to 10 percent with notification to the Committees 

9 on Appropriations of both Houses of Congress. 

10 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

11 For necessary expenses of the Office of the Under Sec12 retary for Food Safety, $811,000. 

13 FOOD SAFETY AND INSPECTION SERVICE

14 For necessary expenses to carry out services authorized 

15 by the Federal Meat Inspection Act, the Poultry Products 

16 Inspection Act, and the Egg Products Inspection Act, in17 cluding not to exceed $50,000 for representation allowances 

18 and for expenses pursuant to section 8 of the Act approved 

19 August 3, 1956 (7 U.S.C. 1766), $1,001,427,000; and in 

20 addition, $1,000,000 may be credited to this account from 

21 fees collected for the cost of laboratory accreditation as au22 thorized by section 1327 of the Food, Agriculture, Conserva23 tion and Trade Act of 1990 (7 U.S.C. 138f): Provided, That 

24 funds provided for the Public Health Data Communication 

25 Infrastructure system shall remain available until exVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 pended: Provided further, That no fewer than 148 full-time 

2 equivalent positions shall be employed during fiscal year 

3 2013 for purposes dedicated solely to inspections and en4 forcement related to the Humane Methods of Slaughter Act: 

5 Provided further, That the Food Safety and Inspection 

6 Service shall continue implementation of section 11016 of 

7 Public Law 110–246: Provided further, That this appro8 priation shall be available pursuant to law (7 U.S.C. 2250) 

9 for the alteration and repair of buildings and improve10 ments, but the cost of altering any one building during the 

11 fiscal year shall not exceed 10 percent of the current replace12 ment value of the building. 

13 OFFICE OF THE UNDER SECRETARY FOR FARM AND

14 FOREIGN AGRICULTURAL SERVICES

15 For necessary expenses of the Office of the Under Sec16 retary for Farm and Foreign Agricultural Services, 

17 $893,000. 

18 FARM SERVICE AGENCY

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses of the Farm Service Agency, 

22 $1,208,290,000: Provided, That the Secretary is authorized 

23 to use the services, facilities, and authorities (but not the 

24 funds) of the Commodity Credit Corporation to make pro25 gram payments for all programs administered by the AgenVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 cy: Provided further, That other funds made available to 

2 the Agency for authorized activities may be advanced to and 

3 merged with this account: Provided further, That funds 

4 made available to county committees shall remain available 

5 until expended. 

6 STATE MEDIATION GRANTS

7 For grants pursuant to section 502(b) of the Agricul8 tural Credit Act of 1987, as amended (7 U.S.C. 5101–5106), 

9 $4,369,000. 

10 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

11 For necessary expenses to carry out wellhead or 

12 groundwater protection activities under section 1240O of 

13 the Food Security Act of 1985 (16 U.S.C. 3839bb–2), 

14 $5,500,000, to remain available until expended. 

15 DAIRY INDEMNITY PROGRAM

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses involved in making indemnity 

18 payments to dairy farmers and manufacturers of dairy 

19 products under a dairy indemnity program, such sums as 

20 may be necessary, to remain available until expended: Pro21 vided, That such program is carried out by the Secretary 

22 in the same manner as the dairy indemnity program de23 scribed in the Agriculture, Rural Development, Food and 

24 Drug Administration, and Related Agencies AppropriaVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 

2 12). 

3 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For gross obligations for the principal amount of di7 rect and guaranteed farm ownership (7 U.S.C. 1922 et seq.) 

8 and operating (7 U.S.C. 1941 et seq.) loans, emergency 

9 loans (7 U.S.C. 1961 et seq.), Indian tribe land acquisition 

10 loans (25 U.S.C. 488), boll weevil loans (7 U.S.C. 1989), 

11 guaranteed conservation loans (7 U.S.C. 1924 et seq.), and 

12 Indian highly fractionated land loans (25 U.S.C. 488) to 

13 be available from funds in the Agricultural Credit Insur14 ance Fund, as follows: $1,500,000,000 for guaranteed farm 

15 ownership loans and $475,000,000 for farm ownership di16 rect loans; $1,500,000,000 for unsubsidized guaranteed op17 erating loans and $1,050,090,000 for direct operating loans; 

18 emergency loans, $34,658,000; Indian tribe land acquisi19 tion loans, $2,000,000; guaranteed conservation loans, 

20 $150,000,000; Indian highly fractionated land loans, 

21 $10,000,000; and for boll weevil eradication program loans, 

22 $100,000,000: Provided, That the Secretary shall deem the 

23 pink bollworm to be a boll weevil for the purpose of boll 

24 weevil eradication program loans. 


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1 For the cost of direct and guaranteed loans and grants, 

2 including the cost of modifying loans as defined in section 

3 502 of the Congressional Budget Act of 1974, as follows: 

4 farm ownership, $20,140,000 for direct loans; farm oper5 ating loans, $58,490,000 for direct operating loans, 

6 $17,850,000 for unsubsidized guaranteed operating loans, 

7 emergency loans, $1,317,000, to remain available until ex8 pended; and Indian highly fractionated land loans, 

9 $173,000. 

10 In addition, for administrative expenses necessary to 

11 carry out the direct and guaranteed loan programs, 

12 $312,897,000, of which $304,977,000 shall be transferred to 

13 and merged with the appropriation for ‘‘Farm Service 

14 Agency, Salaries and Expenses’’. 

15 Funds appropriated by this Act to the Agricultural 

16 Credit Insurance Program Account for farm ownership, op17 erating and conservation direct loans and guaranteed loans 

18 may be transferred among these programs: Provided, That 

19 the Committees on Appropriations of both Houses of Con20 gress are notified at least 15 days in advance of any trans21 fer. 

22 RISK MANAGEMENT AGENCY

23 For necessary expenses of the Risk Management Agen24 cy, $74,900,000: Provided, That the funds made available 

25 under section 522(e) of the Federal Crop Insurance Act (7 


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1 U.S.C. 1522(e)) may be used for the Common Information 

2 Management System: Provided further, That not to exceed 

3 $1,000 shall be available for official reception and represen4 tation expenses, as authorized by 7 U.S.C. 1506(i). 

5 CORPORATIONS 

6 The following corporations and agencies are hereby au7 thorized to make expenditures, within the limits of funds 

8 and borrowing authority available to each such corporation 

9 or agency and in accord with law, and to make contracts 

10 and commitments without regard to fiscal year limitations 

11 as provided by section 104 of the Government Corporation 

12 Control Act as may be necessary in carrying out the pro13 grams set forth in the budget for the current fiscal year for 

14 such corporation or agency, except as hereinafter provided. 

15 FEDERAL CROP INSURANCE CORPORATION FUND

16 For payments as authorized by section 516 of the Fed17 eral Crop Insurance Act (7 U.S.C. 1516), such sums as may 

18 be necessary, to remain available until expended. 

19 COMMODITY CREDIT CORPORATION FUND

20 REIMBURSEMENT FOR NET REALIZED LOSSES

21 (INCLUDING TRANSFERS OF FUNDS)

22 For the current fiscal year, such sums as may be nec23 essary to reimburse the Commodity Credit Corporation for 

24 net realized losses sustained, but not previously reimbursed, 

25 pursuant to section 2 of the Act of August 17, 1961 (15 


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1 U.S.C. 713a–11): Provided, That of the funds available to 

2 the Commodity Credit Corporation under section 11 of the 

3 Commodity Credit Corporation Charter Act (15 U.S.C. 

4 714i) for the conduct of its business with the Foreign Agri5 cultural Service, up to $5,000,000 may be transferred to 

6 and used by the Foreign Agricultural Service for informa7 tion resource management activities of the Foreign Agricul8 tural Service that are not related to Commodity Credit Cor9 poration business. 

10 HAZARDOUS WASTE MANAGEMENT

11 (LIMITATION ON EXPENSES)

12 For the current fiscal year, the Commodity Credit Cor13 poration shall not expend more than $5,000,000 for site in14 vestigation and cleanup expenses, and operations and 

15 maintenance expenses to comply with the requirement of 

16 section 107(g) of the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act (42 U.S.C. 

18 9607(g)), and section 6001 of the Resource Conservation 

19 and Recovery Act (42 U.S.C. 6961). 

20 TITLE II 

21 CONSERVATION PROGRAMS 

22 OFFICE OF THE UNDER SECRETARY FOR NATURAL

23 RESOURCES AND ENVIRONMENT

24 For necessary expenses of the Office of the Under Sec25 retary for Natural Resources and Environment, $893,000. 


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1 NATURAL RESOURCES CONSERVATION SERVICE

2 CONSERVATION OPERATIONS

3 For necessary expenses for carrying out the provisions 

4 of the Act of April 27, 1935 (16 U.S.C. 590a–f), including 

5 preparation of conservation plans and establishment of 

6 measures to conserve soil and water (including farm irriga7 tion and land drainage and such special measures for soil 

8 and water management as may be necessary to prevent 

9 floods and the siltation of reservoirs and to control agricul10 tural related pollutants); operation of conservation plant 

11 materials centers; classification and mapping of soil; dis12 semination of information; acquisition of lands, water, and 

13 interests therein for use in the plant materials program by 

14 donation, exchange, or purchase at a nominal cost not to 

15 exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 

16 428a); purchase and erection or alteration or improvement 

17 of permanent and temporary buildings; and operation and 

18 maintenance of aircraft, $830,998,000, to remain available 

19 until September 30, 2014: Provided, That appropriations 

20 hereunder shall be available pursuant to 7 U.S.C. 2250 for 

21 construction and improvement of buildings and public im22 provements at plant materials centers, except that the cost 

23 of alterations and improvements to other buildings and 

24 other public improvements shall not exceed $250,000: Pro25 vided further, That when buildings or other structures are 


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1 erected on non-Federal land, that the right to use such land 

2 is obtained as provided in 7 U.S.C. 2250a. 

3 WATERSHED REHABILITATION PROGRAM

4 Under the authorities of section 14 of the Watershed 

5 Protection and Flood Prevention Act, $14,700,000 is pro6 vided. 

7 TITLE III 

8 RURAL DEVELOPMENT PROGRAMS 

9 OFFICE OF THE UNDER SECRETARY FOR RURAL

10 DEVELOPMENT

11 For necessary expenses of the Office of the Under Sec12 retary for Rural Development, $893,000. 

13 RURAL DEVELOPMENT SALARIES AND EXPENSES

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary expenses for carrying out the adminis16 tration and implementation of programs in the Rural De17 velopment mission area, including activities with institu18 tions concerning the development and operation of agricul19 tural cooperatives; and for cooperative agreements; 

20 $206,857,000: Provided, That notwithstanding any other 

21 provision of law, funds appropriated under this heading 

22 may be used for advertising and promotional activities that 

23 support the Rural Development mission area: Provided fur24 ther, That any balances available from prior years for the 

25 Rural Utilities Service, Rural Housing Service, and the 


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1 Rural Business—Cooperative Service salaries and expenses 

2 accounts shall be transferred to and merged with this appro3 priation. 

4 RURAL HOUSING SERVICE

5 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

6 (INCLUDING TRANSFERS OF FUNDS)

7 For gross obligations for the principal amount of di8 rect and guaranteed loans as authorized by title V of the 

9 Housing Act of 1949, to be available from funds in the rural 

10 housing insurance fund, as follows: $900,000,000 shall be 

11 for direct loans and $24,000,000,000 shall be for unsub12 sidized guaranteed loans; $27,952,000 for section 504 hous13 ing repair loans; $31,277,000 for section 515 rental hous14 ing; $150,000,000 for section 538 guaranteed multi-family 

15 housing loans; $10,000,000 for credit sales of single family 

16 housing acquired property; and $5,000,000 for section 523 

17 self-help housing land development loans. 

18 For the cost of direct and guaranteed loans, including 

19 the cost of modifying loans, as defined in section 502 of 

20 the Congressional Budget Act of 1974, as follows: section 

21 502 loans, $53,730,000 shall be for direct loans; section 504 

22 housing repair loans, $3,821,000; and repair, rehabilita23 tion, and new construction of section 515 rental housing, 

24 $11,000,000: Provided, That to support the loan program 

25 level for section 538 guaranteed loans made available under 


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1 this heading the Secretary may charge or adjust any fees 

2 to cover the projected cost of such loan guarantees pursuant 

3 to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 

4 661 et seq.), and the interest on such loans may not be sub5 sidized: Provided further, That applicants in communities 

6 that have a current rural area waiver under section 541 

7 of the Housing Act of 1949 (42 U.S.C. 1490q) shall be treat8 ed as living in a rural area for purposes of section 502 

9 guaranteed loans provided under this heading: Provided 

10 further, That of the total amount appropriated in this para11 graph, the amount equal to the amount of Rural Housing 

12 Insurance Fund Program Account funds allocated by the 

13 Secretary for Rural Economic Area Partnership Zones for 

14 the fiscal year 2012, shall be available through June 30, 

15 2013, for communities designated by the Secretary of Agri16 culture as Rural Economic Area Partnership Zones: Pro17 vided further, That of the amounts available under this 

18 paragraph for section 502 direct loans, no less than 

19 $5,000,000 shall be available for direct loans for individuals 

20 whose homes will be built pursuant to a program funded 

21 with a mutual and self help housing grant authorized by 

22 section 523 of the Housing Act of 1949 until June 1, 2013. 

23 In addition, for the cost of direct loans, grants, and 

24 contracts, as authorized by 42 U.S.C. 1484 and 1486, 

25 $16,526,000, to remain available until expended, for direct 


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1 farm labor housing loans and domestic farm labor housing 

2 grants and contracts: Provided, That any balances avail3 able for the Farm Labor Program Account shall be trans4 ferred to and merged with this account. 

5 In addition, for administrative expenses necessary to 

6 carry out the direct and guaranteed loan programs, 

7 $410,627,000 shall be transferred to and merged with the 

8 appropriation for ‘‘Rural Development, Salaries and Ex9 penses’’. 

10 RENTAL ASSISTANCE PROGRAM

11 For rental assistance agreements entered into or re12 newed pursuant to the authority under section 521(a)(2) 

13 or agreements entered into in lieu of debt forgiveness or 

14 payments for eligible households as authorized by section 

15 502(c)(5)(D) of the Housing Act of 1949, $907,128,000; 

16 and, in addition, such sums as may be necessary, as author17 ized by section 521(c) of the Act, to liquidate debt incurred 

18 prior to fiscal year 1992 to carry out the rental assistance 

19 program under section 521(a)(2) of the Act: Provided, That 

20 of this amount not less than $3,000,000 is available for 

21 newly constructed units financed under sections 514 and 

22 516 of the Housing Act of 1949: Provided further, That 

23 rental assistance agreements entered into or renewed during 

24 the current fiscal year shall be funded for a 1-year period: 

25 Provided further, That any unexpended balances remaining 


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1 at the end of such 1-year agreements may be transferred 

2 and used for the purposes of any debt reduction; mainte3 nance, repair, or rehabilitation of any existing projects; 

4 preservation; and rental assistance activities authorized 

5 under title V of the Act: Provided further, That rental as6 sistance provided under agreements entered into prior to 

7 fiscal year 2013 for a farm labor multi-family housing 

8 project financed under section 514 or 516 of the Act may 

9 not be recaptured for use in another project until such as10 sistance has remained unused for a period of 12 consecutive 

11 months, if such project has a waiting list of tenants seeking 

12 such assistance or the project has rental assistance eligible 

13 tenants who are not receiving such assistance: Provided fur14 ther, That such recaptured rental assistance shall, to the 

15 extent practicable, be applied to another farm labor multi16 family housing project financed under section 514 or 516 

17 of the Act. 

18 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

19 ACCOUNT

20 For the rural housing voucher program as authorized 

21 under section 542 of the Housing Act of 1949, but notwith22 standing subsection (b) of such section, and for additional 

23 costs to conduct a demonstration program for the preserva24 tion and revitalization of multi-family rental housing prop25 erties described in this paragraph, $27,782,000, to remain 


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1 available until expended: Provided, That of the funds made 

2 available under this heading, $10,000,000, shall be avail3 able for rural housing vouchers to any low-income household 

4 (including those not receiving rental assistance) residing in 

5 a property financed with a section 515 loan which has been 

6 prepaid after September 30, 2005: Provided further, That 

7 the amount of such voucher shall be the difference between 

8 comparable market rent for the section 515 unit and the 

9 tenant paid rent for such unit: Provided further, That funds 

10 made available for such vouchers shall be subject to the 

11 availability of annual appropriations: Provided further, 

12 That the Secretary shall, to the maximum extent prac13 ticable, administer such vouchers with current regulations 

14 and administrative guidance applicable to section 8 hous15 ing vouchers administered by the Secretary of the Depart16 ment of Housing and Urban Development: Provided fur17 ther, That if the Secretary determines that the amount 

18 made available for vouchers in this or any other Act is not 

19 needed for vouchers, the Secretary may use such funds for 

20 the demonstration program for the preservation and revital21 ization of multi-family rental housing properties described 

22 in this paragraph: Provided further, That of the funds made 

23 available under this heading, $17,782,000 shall be available 

24 for a demonstration program for the preservation and revi25 talization of the sections 514, 515, and 516 multi-family 


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1 rental housing properties to restructure existing USDA 

2 multi-family housing loans, as the Secretary deems appro3 priate, expressly for the purposes of ensuring the project has 

4 sufficient resources to preserve the project for the purpose 

5 of providing safe and affordable housing for low-income 

6 residents and farm laborers including reducing or elimi7 nating interest; deferring loan payments, subordinating, re8 ducing or reamortizing loan debt; and other financial as9 sistance including advances, payments and incentives (in10 cluding the ability of owners to obtain reasonable returns 

11 on investment) required by the Secretary: Provided further, 

12 That the Secretary shall as part of the preservation and 

13 revitalization agreement obtain a restrictive use agreement 

14 consistent with the terms of the restructuring: Provided fur15 ther, That if the Secretary determines that additional funds 

16 for vouchers described in this paragraph are needed, funds 

17 for the preservation and revitalization demonstration pro18 gram may be used for such vouchers: Provided further, That 

19 if Congress enacts legislation to permanently authorize a 

20 multi-family rental housing loan restructuring program 

21 similar to the demonstration program described herein, the 

22 Secretary may use funds made available for the demonstra23 tion program under this heading to carry out such legisla24 tion with the prior approval of the Committees on Appro25 priations of both Houses of Congress: Provided further, That 


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1 in addition to any other available funds, the Secretary may 

2 expend not more than $1,000,000 total, from the program 

3 funds made available under this heading, for administra4 tive expenses for activities funded under this heading. 

5 MUTUAL AND SELF-HELP HOUSING GRANTS

6 For grants and contracts pursuant to section 

7 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), 

8 $30,000,000, to remain available until expended: Provided, 

9 That of the total amount appropriated under this heading, 

10 the amount equal to the amount of Mutual and Self-Help 

11 Grants allocated by the Secretary for Rural Economic Area 

12 Partnership Zones for the fiscal year 2012, shall be avail13 able through June 30, 2013, for communities designated by 

14 the Secretary of Agriculture as Rural Economic Area Part15 nership Zones. 

16 RURAL HOUSING ASSISTANCE GRANTS

17 For grants for very low-income housing repair and 

18 rural housing preservation made by the Rural Housing 

19 Service, as authorized by 42 U.S.C. 1474, and 1490m, 

20 $33,136,000, to remain available until expended: Provided, 

21 That of the total amount appropriated under this heading, 

22 the amount equal to the amount of Rural Housing Assist23 ance Grants allocated by the Secretary for Rural Economic 

24 Area Partnership Zones for the fiscal year 2012, shall be 

25 available through June 30, 2013, for communities desVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 ignated by the Secretary of Agriculture as Rural Economic 

2 Area Partnership Zones. 

3 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

4 (INCLUDING TRANSFERS OF FUNDS)

5 For gross obligations for the principal amount of di6 rect loans as authorized by section 306 and described in 

7 section 381E(d)(1) of the Consolidated Farm and Rural De8 velopment Act, $2,200,000,000 for direct loans and 

9 $57,481,000 for guaranteed loans. 

10 For the cost of guaranteed loans, including the cost of 

11 modifying loans, as defined in section 502 of the Congres12 sional Budget Act of 1974, $3,880,000, to remain available 

13 until expended. 

14 For the cost of grants for rural community facilities 

15 programs as authorized by section 306 and described in sec16 tion 381E(d)(1) of the Consolidated Farm and Rural Devel17 opment Act, $28,428,000, to remain available until ex18 pended: Provided, That $6,121,000 of the amount appro19 priated under this heading shall be available for a Rural 

20 Community Development Initiative: Provided further, That 

21 such funds shall be used solely to develop the capacity and 

22 ability of private, nonprofit community-based housing and 

23 community development organizations, low-income rural 

24 communities, and Federally Recognized Native American 

25 Tribes to undertake projects to improve housing, community 


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1 facilities, community and economic development projects in 

2 rural areas: Provided further, That such funds shall be 

3 made available to qualified private, nonprofit and public 

4 intermediary organizations proposing to carry out a pro5 gram of financial and technical assistance: Provided fur6 ther, That such intermediary organizations shall provide 

7 matching funds from other sources, including Federal funds 

8 for related activities, in an amount not less than funds pro9 vided: Provided further, That $5,938,000 of the amount ap10 propriated under this heading shall be to provide grants 

11 for facilities in rural communities with extreme unemploy12 ment and severe economic depression (Public Law 106– 

13 387), with up to 5 percent for administration and capacity 

14 building in the State rural development offices: Provided 

15 further, That $3,369,000 of the amount appropriated under 

16 this heading shall be available for community facilities 

17 grants to tribal colleges, as authorized by section 306(a)(19) 

18 of such Act: Provided further, That of the total amount ap19 propriated under this heading, the amount equal to the 

20 amount of Rural Community Facilities Program Account 

21 funds allocated by the Secretary for Rural Economic Area 

22 Partnership Zones for the fiscal year 2012, shall be avail23 able through June 30, 2013, for communities designated by 

24 the Secretary of Agriculture as Rural Economic Area Part25 nership Zones: Provided further, That sections 381E–H and 


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1 381N of the Consolidated Farm and Rural Development Act 

2 are not applicable to the funds made available under this 

3 heading. 

4 RURAL BUSINESS—COOPERATIVE SERVICE

5 RURAL BUSINESS PROGRAM ACCOUNT

6 (INCLUDING TRANSFERS OF FUNDS)

7 For the cost of loan guarantees and grants, for the 

8 rural business development programs authorized by sections 

9 306 and 310B and described in subsections (f) and (g) of 

10 section 310B and section 381E(d)(3) of the Consolidated 

11 Farm and Rural Development Act, $85,904,000, to remain 

12 available until expended: Provided, That of the amount ap13 propriated under this heading, not to exceed $1,000,000 

14 shall be made available for two grants to qualified national 

15 organizations to provide technical assistance for rural 

16 transportation in order to promote economic development 

17 and $3,000,000 shall be for grants to the Delta Regional 

18 Authority (7 U.S.C. 2009aa et seq.) for any Rural Commu19 nity Advancement Program purpose as described in section 

20 381E(d) of the Consolidated Farm and Rural Development 

21 Act, of which not more than 5 percent may be used for ad22 ministrative expenses: Provided further, That $4,000,000 of 

23 the amount appropriated under this heading shall be for 

24 business grants to benefit Federally Recognized Native 

25 American Tribes, including $250,000 for a grant to a qualiVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00306 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 fied national organization to provide technical assistance 

2 for rural transportation in order to promote economic de3 velopment: Provided further, That of the total amount ap4 propriated under this heading, the amount equal to the 

5 amount of Rural Business Program Account funds allocated 

6 by the Secretary for Rural Economic Area Partnership 

7 Zones for the fiscal year 2012, shall be available through 

8 June 30, 2013, for communities designated by the Secretary 

9 of Agriculture as Rural Economic Area Partnership Zones 

10 for the rural business and cooperative development pro11 grams described in section 381E(d)(3) of the Consolidated 

12 Farm and Rural Development Act: Provided further, That 

13 sections 381E–H and 381N of the Consolidated Farm and 

14 Rural Development Act are not applicable to funds made 

15 available under this heading. 

16 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

17 (INCLUDING TRANSFER OF FUNDS)

18 For the principal amount of direct loans, as authorized 

19 by the Rural Development Loan Fund (42 U.S.C. 9812(a)), 

20 $18,889,000. 

21 For the cost of direct loans, $6,052,000, as authorized 

22 by the Rural Development Loan Fund (42 U.S.C. 9812(a)), 

23 of which $900,000 shall be available through June 30, 2013, 

24 for Federally Recognized Native American Tribes; and of 

25 which $2,000,000 shall be available through June 30, 2013, 


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1 for Mississippi Delta Region counties (as determined in ac2 cordance with Public Law 100–460): Provided, That such 

3 costs, including the cost of modifying such loans, shall be 

4 as defined in section 502 of the Congressional Budget Act 

5 of 1974: Provided further, That of the total amount appro6 priated under this heading, the amount equal to the amount 

7 of Rural Development Loan Fund Program Account funds 

8 allocated by the Secretary for Rural Economic Area Part9 nership Zones for the fiscal year 2012, shall be available 

10 through June 30, 2013, for communities designated by the 

11 Secretary of Agriculture as Rural Economic Area Partner12 ship Zones. 

13 In addition, for administrative expenses to carry out 

14 the direct loan programs, $4,438,000 shall be transferred 

15 to and merged with the appropriation for ‘‘Rural Develop16 ment, Salaries and Expenses’’. 

17 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

18 ACCOUNT

19 (INCLUDING RESCISSION OF FUNDS)

20 For the principal amount of direct loans, as authorized 

21 under section 313 of the Rural Electrification Act, for the 

22 purpose of promoting rural economic development and job 

23 creation projects, $33,077,000. 

24 Of the funds derived from interest on the cushion of 

25 credit payments, as authorized by section 313 of the Rural 


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1 Electrification Act of 1936, $180,000,000 shall not be obli2 gated and $180,000,000 are rescinded. 

3 RURAL COOPERATIVE DEVELOPMENT GRANTS

4 For rural cooperative development grants authorized 

5 under section 310B(e) of the Consolidated Farm and Rural 

6 Development Act (7 U.S.C. 1932), $27,706,000, of which 

7 $2,250,000 shall be for cooperative agreements for the ap8 propriate technology transfer for rural areas program: Pro9 vided, That not to exceed $3,456,000 shall be for grants for 

10 cooperative development centers, individual cooperatives, or 

11 groups of cooperatives that serve socially disadvantaged 

12 groups and a majority of the boards of directors or gov13 erning boards of which are comprised of individuals who 

14 are members of socially disadvantaged groups; and of which 

15 $15,000,000, to remain available until expended, shall be 

16 for value-added agricultural product market development 

17 grants, as authorized by section 231 of the Agricultural 

18 Risk Protection Act of 2000 (7 U.S.C. 1621 note). 

19 RURAL ENERGY FOR AMERICA PROGRAM

20 For the cost of a program of loan guarantees, under 

21 the same terms and conditions as authorized by section 

22 9007 of the Farm Security and Rural Investment Act of 

23 2002 (7 U.S.C. 8107), $3,400,000: Provided, That the cost 

24 of loan guarantees, including the cost of modifying such 


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1 loans, shall be as defined in section 502 of the Congressional 

2 Budget Act of 1974. 

3 RURAL UTILITIES SERVICE

4 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For the cost of direct loans, loan guarantees, and 

7 grants for the rural water, waste water, waste disposal, and 

8 solid waste management programs authorized by sections 

9 306, 306A, 306C, 306D, 306E, and 310B and described in 

10 sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the 

11 Consolidated Farm and Rural Development Act, 

12 $524,466,000, to remain available until expended, of which 

13 not to exceed $1,000,000 shall be available for the rural util14 ities program described in section 306(a)(2)(B) of such Act, 

15 and of which not to exceed $993,000 shall be available for 

16 the rural utilities program described in section 306E of 

17 such Act: Provided, That $66,500,000 of the amount appro18 priated under this heading shall be for loans and grants 

19 including water and waste disposal systems grants author20 ized by 306C(a)(2)(B) and 306D of the Consolidated Farm 

21 and Rural Development Act, Federally recognized Native 

22 American Tribes authorized by 306C(a)(1), and the Depart23 ment of Hawaiian Home Lands (of the State of Hawaii): 

24 Provided further, That funding provided for section 306D 

25 of the Consolidated Farm and Rural Development Act may 


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1 be provided to a consortium formed pursuant to section 325 

2 of Public Law 105–83: Provided further, That not more 

3 than 2 percent of the funding provided for section 306D 

4 of the Consolidated Farm and Rural Development Act may 

5 be used by the State of Alaska for training and technical 

6 assistance programs and not more than 2 percent of the 

7 funding provided for section 306D of the Consolidated 

8 Farm and Rural Development Act may be used by a consor9 tium formed pursuant to section 325 of Public Law 105– 

10 83 for training and technical assistance programs: Pro11 vided further, That not to exceed $19,000,000 of the amount 

12 appropriated under this heading shall be for technical as13 sistance grants for rural water and waste systems pursuant 

14 to section 306(a)(14) of such Act, unless the Secretary 

15 makes a determination of extreme need, of which $5,750,000 

16 shall be made available for a grant to a qualified non-profit 

17 multi-state regional technical assistance organization, with 

18 experience in working with small communities on water 

19 and waste water problems, the principal purpose of such 

20 grant shall be to assist rural communities with populations 

21 of 3,300 or less, in improving the planning, financing, de22 velopment, operation, and management of water and waste 

23 water systems, and of which not less than $800,000 shall 

24 be for a qualified national Native American organization 

25 to provide technical assistance for rural water systems for 


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1 tribal communities: Provided further, That not to exceed 

2 $15,000,000 of the amount appropriated under this heading 

3 shall be for contracting with qualified national organiza4 tions for a circuit rider program to provide technical assist5 ance for rural water systems: Provided further, That not 

6 to exceed $3,400,000 shall be for solid waste management 

7 grants: Provided further, That of the total amount appro8 priated under this heading, the amount equal to the amount 

9 of Rural Water and Waste Disposal Program Account funds 

10 allocated by the Secretary for Rural Economic Area Part11 nership Zones for the fiscal year 2012, shall be available 

12 through June 30, 2013, for communities designated by the 

13 Secretary of Agriculture as Rural Economic Area Partner14 ship Zones for the rural utilities programs described in sec15 tion 381E(d)(2) of the Consolidated Farm and Rural Devel16 opment Act: Provided further, That $10,000,000 of the 

17 amount appropriated under this heading shall be trans18 ferred to, and merged with, the Rural Utilities Service, 

19 High Energy Cost Grants Account to provide grants au20 thorized under section 19 of the Rural Electrification Act 

21 of 1936 (7 U.S.C. 918a): Provided further, That any prior 

22 year balances for high-energy cost grants authorized by sec23 tion 19 of the Rural Electrification Act of 1936 (7 U.S.C. 

24 918a) shall be transferred to and merged with the Rural 

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1 vided further, That sections 381E–H and 381N of the Con2 solidated Farm and Rural Development Act are not appli3 cable to the funds made available under this heading. 

4 For gross obligations for the principal amount of di5 rect loans as authorized by section 1006a of title 16 of the 

6 United States Code, except for the limitations contained in 

7 the last sentence of such section, for projects whose features 

8 include agricultural water supply benefits, groundwater 

9 protection, environmental enhancement and flood control, 

10 $40,000,000: Provided, That such loans shall be made by 

11 the Rural Utilities Service. 

12 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

13 LOANS PROGRAM ACCOUNT

14 (INCLUDING TRANSFER OF FUNDS)

15 The principal amount of direct and guaranteed loans 

16 as authorized by sections 305 and 306 of the Rural Elec17 trification Act of 1936 (7 U.S.C. 935 and 936) shall be 

18 made as follows: 5 percent rural electrification loans, 

19 $100,000,000; loans made pursuant to section 306 of that 

20 Act, rural electric, $6,500,000,000; guaranteed under21 writing loans pursuant to section 313A, $500,000,000; cost 

22 of money rural telecommunications loans, $690,000,000: 

23 Provided, That up to $2,000,000,000 shall be used for the 

24 construction, acquisition, or improvement of fossil-fueled 


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1 electric generating plants (whether new or existing) that 

2 utilize carbon sequestration systems. 

3 In addition, for administrative expenses necessary to 

4 carry out the direct and guaranteed loan programs, 

5 $34,467,000, which shall be transferred to and merged with 

6 the appropriation for ‘‘Rural Development, Salaries and 

7 Expenses’’. 

8 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

9 PROGRAM

10 For the principal amount of broadband telecommuni11 cation loans, $42,239,000. 

12 For grants for telemedicine and distance learning serv13 ices in rural areas, as authorized by 7 U.S.C. 950aaa et 

14 seq., $24,950,000, to remain available until expended: Pro15 vided, That $3,000,000 shall be made available for grants 

16 authorized by 379G of the Consolidated Farm and Rural 

17 Development Act: Provided further, That funding provided 

18 under this heading for grants under 379G of the Consoli19 dated Farm and Rural Development Act may only be pro20 vided to entities that meet all of the eligibility criteria for 

21 a consortium as established by this section: Provided fur22 ther, That $3,000,000 shall be made available to those non23 commercial educational television broadcast stations that 

24 serve rural areas and are qualified for Community Service 

25 Grants by the Corporation for Public Broadcasting under 


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1 section 396(k) of the Communications Act of 1934, includ2 ing associated translators and repeaters, regardless of the 

3 location of their main transmitter, studio-to-transmitter 

4 links, and equipment to allow local control over digital con5 tent and programming through the use of high-definition 

6 broadcast, multi-casting and datacasting technologies. 

7 For the cost of broadband loans, as authorized by sec8 tion 601 of the Rural Electrification Act, $4,000,000, to re9 main available until expended: Provided, That the cost of 

10 direct loans shall be as defined in section 502 of the Con11 gressional Budget Act of 1974. 

12 In addition, $10,372,000, to remain available until ex13 pended, for a grant program to finance broadband trans14 mission in rural areas eligible for Distance Learning and 

15 Telemedicine Program benefits authorized by 7 U.S.C. 

16 950aaa. 

17 TITLE IV 

18 DOMESTIC FOOD PROGRAMS 

19 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

20 NUTRITION AND CONSUMER SERVICES

21 For necessary expenses of the Office of the Under Sec22 retary for Food, Nutrition and Consumer Services, 

23 $811,000. 


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1 FOOD AND NUTRITION SERVICE

2 CHILD NUTRITION PROGRAMS

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses to carry out the Richard B. 

5 Russell National School Lunch Act (42 U.S.C. 1751 et seq.), 

6 except section 21, and the Child Nutrition Act of 1966 (42 

7 U.S.C. 1771 et seq.), except sections 17 and 21; 

8 $19,916,436,000, to remain available through September 

9 30, 2014, of which such sums as are made available under 

10 section 14222(b)(1) of the Food, Conservation, and Energy 

11 Act of 2008 (Public Law 110–246), as amended by this Act, 

12 shall be merged with and available for the same time period 

13 and purposes as provided herein: Provided, That of the total 

14 amount available, $16,504,000 shall be available to carry 

15 out section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 

16 1771 et seq.): Provided further, That of the total amount 

17 available, $35,000,000 shall be available to provide competi18 tive grants to State agencies for subgrants to local edu19 cational agencies and schools to purchase the equipment 

20 needed to serve healthier meals, improve food safety, and 

21 to help support the establishment, maintenance, or expan22 sion of the school breakfast program. 


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1 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

2 WOMEN, INFANTS, AND CHILDREN (WIC)

3 For necessary expenses to carry out the special supple4 mental nutrition program as authorized by section 17 of 

5 the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

6 $7,046,000,000, to remain available through September 30, 

7 2014: Provided, That notwithstanding section 17(h)(10) of 

8 the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), 

9 not less than $60,000,000 shall be used for breastfeeding 

10 peer counselors and other related activities, $14,000,000 

11 shall be used for infrastructure, and $35,000,000 shall be 

12 used for management information systems: Provided fur13 ther, That funds made available for the purposes specified 

14 in section 17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall 

15 only be made available upon a determination by the Sec16 retary that funds are available to meet caseload require17 ments without the use of funds in the contingency reserve 

18 that are without fiscal year limitation: Provided further, 

19 That none of the funds provided in this account shall be 

20 available for the purchase of infant formula except in ac21 cordance with the cost containment and competitive bidding 

22 requirements specified in section 17 of such Act: Provided 

23 further, That none of the funds provided shall be available 

24 for activities that are not fully reimbursed by other Federal 


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1 Government departments or agencies unless authorized by 

2 section 17 of such Act. 

3 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

4 For necessary expenses to carry out the Food and Nu5 trition Act of 2008 (7 U.S.C. 2011 et seq.), $77,290,160,000, 

6 of which $3,000,000,000, to remain available through Sep7 tember 30, 2014, shall be placed in reserve for use only in 

8 such amounts and at such times as may become necessary 

9 to carry out program operations: Provided, That funds pro10 vided herein shall be expended in accordance with section 

11 16 of the Food and Nutrition Act of 2008: Provided further, 

12 That of the funds made available under this heading, 

13 $998,000 may be used to provide nutrition education serv14 ices to state agencies and Federally recognized tribes par15 ticipating in the Food Distribution Program on Indian 

16 Reservations: Provided further, That this appropriation 

17 shall be subject to any work registration or workfare re18 quirements as may be required by law: Provided further, 

19 That funds made available for Employment and Training 

20 under this heading shall remain available until expended, 

21 notwithstanding section 16(h)(1) of the Food and Nutrition 

22 Act of 2008: Provided further, That funds made available 

23 under this heading may be used to enter into contracts and 

24 employ staff to conduct studies, evaluations, or to conduct 

25 activities related to program integrity provided that such 


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1 activities are authorized by the Food and Nutrition Act of 

2 2008. 

3 COMMODITY ASSISTANCE PROGRAM

4 For necessary expenses to carry out disaster assistance 

5 and the Commodity Supplemental Food Program as au6 thorized by section 4(a) of the Agriculture and Consumer 

7 Protection Act of 1973 (7 U.S.C. 612c note); the Emergency 

8 Food Assistance Act of 1983; special assistance for the nu9 clear affected islands, as authorized by section 103(f)(2) of 

10 the Compact of Free Association Amendments Act of 2003 

11 (Public Law 108–188); and the Farmers’ Market Nutrition 

12 Program, as authorized by section 17(m) of the Child Nutri13 tion Act of 1966, $253,952,000, to remain available through 

14 September 30, 2014: Provided, That none of these funds 

15 shall be available to reimburse the Commodity Credit Cor16 poration for commodities donated to the program: Provided 

17 further, That notwithstanding any other provision of law, 

18 effective with funds made available in fiscal year 2013 to 

19 support the Seniors Farmers’ Market Nutrition Program, 

20 as authorized by section 4402 of the Farm Security and 

21 Rural Investment Act of 2002, such funds shall remain 

22 available through September 30, 2014: Provided further, 

23 That of the funds made available under section 27(a) of 

24 the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)), 


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1 the Secretary may use up to 10 percent for costs associated 

2 with the distribution of commodities. 

3 NUTRITION PROGRAMS ADMINISTRATION

4 For necessary administrative expenses of the Food and 

5 Nutrition Service for carrying out any domestic nutrition 

6 assistance program, $143,505,000: Provided, That of the 

7 funds provided herein, $2,000,000 shall be used for the pur8 poses of section 4404 of Public Law 107–171, as amended 

9 by section 4401 of Public Law 110–246. 

10 TITLE V 

11 FOREIGN ASSISTANCE AND RELATED PROGRAMS 

12 FOREIGN AGRICULTURAL SERVICE

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFERS OF FUNDS)

15 For necessary expenses of the Foreign Agricultural 

16 Service, including not to exceed $158,000 for representation 

17 allowances and for expenses pursuant to section 8 of the 

18 Act approved August 3, 1956 (7 U.S.C. 1766), 

19 $176,789,000: Provided, That the Service may utilize ad20 vances of funds, or reimburse this appropriation for expend21 itures made on behalf of Federal agencies, public and pri22 vate organizations and institutions under agreements exe23 cuted pursuant to the agricultural food production assist24 ance programs (7 U.S.C. 1737) and the foreign assistance 

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1 velopment: Provided further, That funds made available for 

2 middle-income country training programs, funds made 

3 available for the Borlaug International Agricultural 

4 Science and Technology Fellowship program, and up to 

5 $2,000,000 of the Foreign Agricultural Service appropria6 tion solely for the purpose of offsetting fluctuations in inter7 national currency exchange rates, subject to documentation 

8 by the Foreign Agricultural Service, shall remain available 

9 until expended. 

10 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR

11 PROGRESS PROGRAM ACCOUNT

12 (INCLUDING TRANSFERS OF FUNDS)

13 For administrative expenses to carry out the credit 

14 program of title I, Food for Peace Act (Public Law 83– 

15 480) and the Food for Progress Act of 1985, $2,806,000, 

16 shall be transferred to and merged with the appropriation 

17 for ‘‘Farm Service Agency, Salaries and Expenses’’: Pro18 vided, That funds made available for the cost of agreements 

19 under title I of the Agricultural Trade Development and 

20 Assistance Act of 1954 and for title I ocean freight differen21 tial may be used interchangeably between the two accounts 

22 with prior notice to the Committees on Appropriations of 

23 both Houses of Congress. 


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1 FOOD FOR PEACE TITLE II GRANTS

2 For expenses during the current fiscal year, not other3 wise recoverable, and unrecovered prior years’ costs, includ4 ing interest thereon, under the Food for Peace Act (Public 

5 Law 83–480, as amended), for commodities supplied in 

6 connection with dispositions abroad under title II of said 

7 Act, $1,435,000,000, to remain available until expended. 

8 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

9 AND CHILD NUTRITION PROGRAM GRANTS

10 For necessary expenses to carry out the provisions of 

11 section 3107 of the Farm Security and Rural Investment 

12 Act of 2002 (7 U.S.C. 1736o–1), $184,000,000, to remain 

13 available until expended: Provided, That the Commodity 

14 Credit Corporation is authorized to provide the services, fa15 cilities, and authorities for the purpose of implementing 

16 such section, subject to reimbursement from amounts pro17 vided herein. 

18 COMMODITY CREDIT CORPORATION EXPORT (LOANS)

19 CREDIT GUARANTEE PROGRAM ACCOUNT

20 (INCLUDING TRANSFERS OF FUNDS)

21 For administrative expenses to carry out the Com22 modity Credit Corporation’s export guarantee program, 

23 GSM 102 and GSM 103, $6,806,000; to cover common over24 head expenses as permitted by section 11 of the Commodity 

25 Credit Corporation Charter Act and in conformity with the 


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1 Federal Credit Reform Act of 1990, of which $6,452,000 

2 shall be transferred to and merged with the appropriation 

3 for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, 

4 and of which $354,000 shall be transferred to and merged 

5 with the appropriation for ‘‘Farm Service Agency, Salaries 

6 and Expenses’’. 

7 TITLE VI 

8 RELATED AGENCY AND FOOD AND DRUG 

9 ADMINISTRATION 

10 DEPARTMENT OF HEALTH AND HUMAN SERVICES

11 FOOD AND DRUG ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Food and Drug Adminis14 tration, including hire and purchase of passenger motor ve15 hicles; for payment of space rental and related costs pursu16 ant to Public Law 92–313 for programs and activities of 

17 the Food and Drug Administration which are included in 

18 this Act; for rental of special purpose space in the District 

19 of Columbia or elsewhere; for miscellaneous and emergency 

20 expenses of enforcement activities, authorized and approved 

21 by the Secretary and to be accounted for solely on the Sec22 retary’s certificate, not to exceed $25,000; and notwith23 standing section 521 of Public Law 107–188; 

24 $4,223,295,000: Provided, That of the amount provided 

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1 scription drug user fees authorized by 21 U.S.C. 379h, and 

2 shall be credited to this account and remain available until 

3 expended, and shall not include any fees pursuant to 21 

4 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2014 

5 but collected in fiscal year 2013; $97,722,000 shall be de6 rived from medical device user fees authorized by 21 U.S.C. 

7 379j, and shall be credited to this account and remain 

8 available until expended; $299,000,000 shall be derived 

9 from human generic drug user fees authorized by 21 U.S.C. 

10 379j–42, and shall be credited to this account and remain 

11 available until expended; $20,242,000 shall be derived from 

12 biosimilar biological product user fees authorized by 21 

13 U.S.C. 379j–52, and shall be credited to this account and 

14 remain available until expended; $23,848,000 shall be de15 rived from animal drug user fees authorized by 21 U.S.C. 

16 379j–12, and shall be credited to this account and remain 

17 available until expended; $6,031,000 shall be derived from 

18 animal generic drug user fees authorized by 21 U.S.C. 379j– 

19 21, and shall be credited to this account and remain avail20 able until expended; $505,000,000 shall be derived from to21 bacco product user fees authorized by 21 U.S.C. 387s, and 

22 shall be credited to this account and remain available until 

23 expended; $12,925,000 shall be derived from food and feed 

24 recall fees authorized by 21 U.S.C. 379j–31, and shall be 

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1 pended; $15,367,000 shall be derived from food reinspection 

2 fees authorized by 21 U.S.C. 379j–31, and shall be credited 

3 to this account and remain available until expended; and 

4 amounts derived from voluntary qualified importer pro5 gram fees authorized by 21 U.S.C. 379j–31, and shall be 

6 credited to this account and remain available until ex7 pended: Provided further, That in addition and notwith8 standing any other provision under this heading, amounts 

9 collected for prescription drug user fees, medical device user 

10 fees, human generic drug user fees, biosimilar biological 

11 product user fees, animal drug user fees, and animal generic 

12 drug user fees that exceed the respective fiscal year 2013 

13 limitations are appropriated and shall be credited to this 

14 account and remain available until expended: Provided fur15 ther, That fees derived from prescription drug, medical de16 vice, animal drug, and animal generic drug assessments for 

17 fiscal year 2013 received during fiscal year 2013, including 

18 any such fees assessed prior to fiscal year 2013 but credited 

19 for fiscal year 2013, shall be subject to the fiscal year 2013 

20 limitations: Provided further, That none of these funds shall 

21 be used to develop, establish, or operate any program of user 

22 fees authorized by 31 U.S.C. 9701: Provided further, That 

23 of the total amount appropriated: (1) $887,162,000 shall 

24 be for the Center for Food Safety and Applied Nutrition 

25 and related field activities in the Office of Regulatory AfVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 fairs; (2) $1,261,369,000 shall be for the Center for Drug 

2 Evaluation and Research and related field activities in the 

3 Office of Regulatory Affairs; (3) $329,708,000 shall be for 

4 the Center for Biologics Evaluation and Research and for 

5 related field activities in the Office of Regulatory Affairs; 

6 (4) $167,576,000 shall be for the Center for Veterinary Med7 icine and for related field activities in the Office of Regu8 latory Affairs; (5) $393,988,000 shall be for the Center for 

9 Devices and Radiological Health and for related field ac10 tivities in the Office of Regulatory Affairs; (6) $59,429,000 

11 shall be for the National Center for Toxicological Research; 

12 (7) $482,398,000 shall be for the Center for Tobacco Prod13 ucts and for related field activities in the Office of Regu14 latory Affairs; (8) not to exceed $168,971,000 shall be for 

15 Rent and Related activities, of which $61,713,000 is for 

16 White Oak Consolidation, other than the amounts paid to 

17 the General Services Administration for rent; (9) not to ex18 ceed $213,352,000 shall be for payments to the General 

19 Services Administration for rent; and (10) $259,342,000 

20 shall be for other activities, including the Office of the Com21 missioner of Food and Drugs, the Office of Foods and Vet22 erinary Medicine, the Office of Medical and Tobacco Prod23 ucts, the Office of Global and Regulatory Policy, the Office 

24 of Operations, the Office of the Chief Scientist, and central 

25 services for these offices: Provided further, That the SecVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 retary may, prior to the due date for such fees, accept pay2 ment of prescription drug user fees, medical device user fees, 

3 human generic drug user fees, biosimilar biological product 

4 user fees, animal drug user fees and animal generic drug 

5 user fees authorized for fiscal year 2014, and that amounts 

6 of such fees assessed for fiscal year 2014 for which the Sec7 retary accepts payment in fiscal year 2013 shall not be in8 cluded in amounts provided under this heading: Provided 

9 further, That not to exceed $25,000 of this amount shall 

10 be for official reception and representation expenses, not 

11 otherwise provided for, as determined by the Commissioner: 

12 Provided further, That any transfer of funds pursuant to 

13 section 770(n) of the Federal Food, Drug, and Cosmetic Act 

14 (21 U.S.C. 379dd(n)) shall only be from amounts made 

15 available under this heading for other activities: Provided 

16 further, That funds may be transferred from one specified 

17 activity to another with the prior approval of the Commit18 tees on Appropriations of both Houses of Congress. 

19 In addition, mammography user fees authorized by 42 

20 U.S.C. 263b, export certification user fees authorized by 21 

21 U.S.C. 381, and priority review user fees authorized by 21 

22 U.S.C. 360n may be credited to this account, to remain 

23 available until expended. 


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1 BUILDINGS AND FACILITIES

2 For plans, construction, repair, improvement, exten3 sion, alteration, and purchase of fixed equipment or facili4 ties of or used by the Food and Drug Administration, where 

5 not otherwise provided, $5,320,000, to remain available 

6 until expended. 

7 INDEPENDENT AGENCY 

8 FARM CREDIT ADMINISTRATION

9 LIMITATION ON ADMINISTRATIVE EXPENSES

10 Not to exceed $63,300,000 (from assessments collected 

11 from farm credit institutions, including the Federal Agri12 cultural Mortgage Corporation) shall be obligated during 

13 the current fiscal year for administrative expenses as au14 thorized under 12 U.S.C. 2249: Provided, That this limita15 tion shall not apply to expenses associated with receiver16 ships. 

17 TITLE VII 

18 GENERAL PROVISIONS 

19 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

20 SEC. 701. Within the unit limit of cost fixed by law, 

21 appropriations and authorizations made for the Depart22 ment of Agriculture for the current fiscal year under this 

23 Act shall be available for the purchase, in addition to those 

24 specifically provided for, of not to exceed 204 passenger 

25 motor vehicles of which 170 shall be for replacement only, 


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1 and for the hire of such vehicles: Provided, That notwith2 standing this section, the only purchase of new passenger 

3 vehicles shall be for those determined by the Secretary to 

4 be necessary for transportation safety, to reduce operational 

5 costs, and for the protection of life, property, and public 

6 safety. 

7 SEC. 702. Notwithstanding any other provision of this 

8 Act, the Secretary of Agriculture may transfer unobligated 

9 balances of discretionary funds appropriated by this Act 

10 or any other available unobligated discretionary balances 

11 of the Department of Agriculture that are remaining avail12 able at the end of the fiscal year, to the Working Capital 

13 Fund for the acquisition of plant and capital equipment 

14 necessary for the delivery of financial, administrative, and 

15 information technology services of primary benefit to the 

16 agencies of the Department of Agriculture, such transferred 

17 funds to remain available until expended: Provided, That 

18 none of the funds made available by this Act or any other 

19 Act shall be transferred to the Working Capital Fund with20 out the prior approval of the agency administrator: Pro21 vided further, That none of the funds transferred to the 

22 Working Capital Fund pursuant to this section shall be 

23 available for obligation without written notification to and 

24 the prior approval of the Committees on Appropriations of 

25 both Houses of Congress: Provided further, That none of the 


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1 funds appropriated by this Act or made available to the 

2 Department’s Working Capital Fund shall be available for 

3 obligation or expenditure to make any changes to the De4 partment’s National Finance Center without written notifi5 cation to and prior approval of the Committees on Appro6 priations of both Houses of Congress as required by section 

7 726 of this Act: Provided further, That of annual income 

8 amounts in the Working Capital Fund of the Department 

9 of Agriculture allocated for the National Finance Center, 

10 the Secretary may reserve not more than 4 percent for the 

11 replacement or acquisition of capital equipment, including 

12 equipment for the improvement and implementation of a 

13 financial management plan, information technology, and 

14 other systems of the National Finance Center or to pay any 

15 unforeseen, extraordinary cost of the National Finance Cen16 ter: Provided further, That none of the amounts reserved 

17 shall be available for obligation unless the Secretary sub18 mits written notification of the obligation to the Committees 

19 on Appropriations of the House of Representatives and the 

20 Senate: Provided further, That the limitation on the obliga21 tion of funds pending notification to Congressional Com22 mittees shall not apply to any obligation that, as deter23 mined by the Secretary, is necessary to respond to a de24 clared state of emergency that significantly impacts the op25 erations of the National Finance Center; or to evacuate emVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 ployees of the National Finance Center to a safe haven to 

2 continue operations of the National Finance Center. 

3 SEC. 703. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 704. No funds appropriated by this Act may be 

7 used to pay negotiated indirect cost rates on cooperative 

8 agreements or similar arrangements between the United 

9 States Department of Agriculture and nonprofit institu10 tions in excess of 10 percent of the total direct cost of the 

11 agreement when the purpose of such cooperative arrange12 ments is to carry out programs of mutual interest between 

13 the two parties. This does not preclude appropriate pay14 ment of indirect costs on grants and contracts with such 

15 institutions when such indirect costs are computed on a 

16 similar basis for all agencies for which appropriations are 

17 provided in this Act. 

18 SEC. 705. Appropriations to the Department of Agri19 culture for the cost of direct and guaranteed loans made 

20 available in the current fiscal year shall remain available 

21 until expended to disburse obligations made in the current 

22 fiscal year for the following accounts: the Rural Develop23 ment Loan Fund program account, the Rural Electrifica24 tion and Telecommunication Loans program account, and 

25 the Rural Housing Insurance Fund program account. 


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1 SEC. 706. Funds made available by this Act under title 

2 II of the Food for Peace Act (7 U.S.C. 1721 et seq.) may 

3 only be used to provide assistance to recipient nations if 

4 adequate monitoring and controls, as determined by the Ad5 ministrator of the U.S. Agency for International Develop6 ment, are in place to ensure that emergency food aid is re7 ceived by the intended beneficiaries in areas affected by food 

8 shortages and not diverted for unauthorized or inappro9 priate purposes. 

10 SEC. 707. None of the funds made available to the De11 partment of Agriculture by this Act may be used to acquire 

12 new information technology systems or significant up13 grades, as determined by the Office of the Chief Information 

14 Officer, without the approval of the Chief Information Offi15 cer and the concurrence of the Executive Information Tech16 nology Investment Review Board: Provided, That notwith17 standing any other provision of law, none of the funds ap18 propriated or otherwise made available by this Act may be 

19 transferred to the Office of the Chief Information Officer 

20 without written notification to and the prior approval of 

21 the Committees on Appropriations of both Houses of Con22 gress: Provided further, That none of the funds available 

23 to the Department of Agriculture for information technology 

24 shall be obligated for projects over $25,000 prior to receipt 

25 of written approval by the Chief Information Officer. 


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1 SEC. 708. Funds made available under section 1240I 

2 and section 1241(a) of the Food Security Act of 1985 and 

3 section 524(b) of the Federal Crop Insurance Act (7 U.S.C. 

4 1524(b)) in the current fiscal year shall remain available 

5 until expended to disburse obligations made in the current 

6 fiscal year. 

7 SEC. 709. Notwithstanding any other provision of law, 

8 any former RUS borrower that has repaid or prepaid an 

9 insured, direct or guaranteed loan under the Rural Elec10 trification Act of 1936, or any not-for-profit utility that 

11 is eligible to receive an insured or direct loan under such 

12 Act, shall be eligible for assistance under section 

13 313(b)(2)(B) of such Act in the same manner as a borrower 

14 under such Act. 

15 SEC. 710. Notwithstanding any other provision of law, 

16 for the purposes of a grant under section 412 of the Agricul17 tural Research, Extension, and Education Reform Act of 

18 1998, none of the funds in this or any other Act may be 

19 used to prohibit the provision of in-kind support from non20 Federal sources under section 412(e)(3) of such Act in the 

21 form of unrecovered indirect costs not otherwise charged 

22 against the grant, consistent with the indirect rate of cost 

23 approved for a recipient. 

24 SEC. 711. Except as otherwise specifically provided by 

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1 able for salaries and expenses in this Act for the Farm Serv2 ice Agency and the Rural Development mission area, shall 

3 remain available through September 30, 2014, for informa4 tion technology expenses. 

5 SEC. 712. The Secretary of Agriculture may authorize 

6 a State agency to use funds provided in this Act to exceed 

7 the maximum amount of liquid infant formula specified in 

8 7 CFR 246.10 when issuing liquid infant formula to par9 ticipants. 

10 SEC. 713. None of the funds appropriated or otherwise 

11 made available by this Act may be used for first-class travel 

12 by the employees of agencies funded by this Act in con13 travention of sections 301–10.122 through 301–10.124 of 

14 title 41, Code of Federal Regulations. 

15 SEC. 714. In the case of each program established or 

16 amended by the Food, Conservation, and Energy Act of 

17 2008 (Public Law 110–246), other than by title I or subtitle 

18 A of title III of such Act, that is authorized or required 

19 to be carried out using funds of the Commodity Credit Cor20 poration— 

21 (1) such funds shall be available for salaries and 

22 related administrative expenses, including technical 

23 assistance, associated with the implementation of the 

24 program, without regard to the limitation on the total 

25 amount of allotments and fund transfers contained in 


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1 section 11 of the Commodity Credit Corporation 

2 Charter Act (15 U.S.C. 714i); and 

3 (2) the use of such funds for such purpose shall 

4 not be considered to be a fund transfer or allotment 

5 for purposes of applying the limitation on the total 

6 amount of allotments and fund transfers contained in 

7 such section. 

8 SEC. 715. Notwithstanding any other provision of law, 

9 the requirements pursuant to 7 U.S.C. 1736f(e)(1) may be 

10 waived for any amounts higher than those specified under 

11 this authority for fiscal year 2009. 

12 SEC. 716. None of the funds made available in fiscal 

13 year 2013 or preceding fiscal years for programs authorized 

14 under the Food for Peace Act (7 U.S.C. 1691 et seq.) in 

15 excess of $20,000,000 shall be used to reimburse the Com16 modity Credit Corporation for the release of eligible com17 modities under section 302(f)(2)(A) of the Bill Emerson 

18 Humanitarian Trust Act (7 U.S.C. 1736f–1): Provided, 

19 That any such funds made available to reimburse the Com20 modity Credit Corporation shall only be used pursuant to 

21 section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian 

22 Trust Act. 

23 SEC. 717. Of the funds made available by this Act, not 

24 more than $1,800,000 shall be used to cover necessary ex25 penses of activities related to all advisory committees, panVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 els, commissions, and task forces of the Department of Agri2 culture, except for panels used to comply with negotiated 

3 rule makings and panels used to evaluate competitively 

4 awarded grants. 

5 SEC. 718. None of the funds in this Act shall be avail6 able to pay indirect costs charged against any agricultural 

7 research, education, or extension grant awards issued by the 

8 National Institute of Food and Agriculture that exceed 30 

9 percent of total Federal funds provided under each award: 

10 Provided, That notwithstanding section 1462 of the Na11 tional Agricultural Research, Extension, and Teaching Pol12 icy Act of 1977 (7 U.S.C. 3310), funds provided by this 

13 Act for grants awarded competitively by the National Insti14 tute of Food and Agriculture shall be available to pay full 

15 allowable indirect costs for each grant awarded under sec16 tion 9 of the Small Business Act (15 U.S.C. 638). 

17 SEC. 719. For an additional amount for ‘‘Food and 

18 Drug Administration, Salaries and Expenses’’, 

19 $50,000,000, to remain available until expended, of which 

20 $40,000,000 is for one-time activities directly related to im21 plementation of the Food Safety Modernization Act, and of 

22 which $10,000,000 is for one-time activities directly related 

23 to improving the safety of the human drug supply. 

24 SEC. 720. There is hereby appropriated $1,996,000 to 

25 carry out section 1621 of Public Law 110–246. 


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1 SEC. 721. None of the funds appropriated or otherwise 

2 made available by this or any other Act shall be used to 

3 pay the salaries and expenses of personnel to carry out the 

4 following: 

5 (1) The Watershed Rehabilitation program au6 thorized by section 14(h) of the Watershed Protection 

7 and Flood Prevention Act (16 U.S.C. 1012(h)); 

8 (2) The Environmental Quality Incentives Pro9 gram as authorized by sections 1240–1240H of the 

10 Food Security Act of 1985 (16 U.S.C. 3839aa– 

11 3839aa–8) in excess of $1,400,000,000; 

12 (3) The Wildlife Habitat Incentives Act author13 ized by section 1240N of the Food Security Act of 

14 1985, as amended (16 U.S.C. 3839bb–1)) in excess of 

15 $73,000,000; and 

16 (4) Agricultural Management Assistance Pro17 gram as authorized by section 524 of the Federal 

18 Crop Insurance Act, as amended (7 U.S.C. 1524) in 

19 excess of $2,500,000 for the Natural Resources Con20 servation Service. 

21 SEC. 722. None of the funds appropriated or otherwise 

22 made available by this or any other Act shall be used to 

23 pay the salaries and expenses of personnel to carry out a 

24 program under subsection (b)(2)(A)(v) of section 14222 of 

25 Public Law 110–246 in excess of $981,000,000, as follows: 


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1 Child Nutrition Programs Entitlement Commodities— 

2 $465,000,000; State Option Contracts—$5,000,000; Re3 moval of Defective Commodities—$2,500,000: Provided, 

4 That none of the funds made available in this Act or any 

5 other Act shall be used for salaries and expenses to carry 

6 out in this fiscal year section 19(i)(1)(E) of the Richard 

7 B. Russell National School Lunch Act as amended by sec8 tion 4304 of Public Law 110–246 in excess of $41,000,000, 

9 including the transfer of funds under subsection (c) of sec10 tion 14222 of Public Law 110–246, until October 1, 2013: 

11 Provided further, That $117,000,000 made available on Oc12 tober 1, 2013, to carry out section 19(i)(1)(E) of the Rich13 ard B. Russell National School Lunch Act as amended by 

14 section 4304 of Public Law 110–246 shall be excluded from 

15 the limitation described in subsection (b)(2)(A)(vi) of sec16 tion 14222 of Public Law 110–246: Provided further, That 

17 none of the funds appropriated or otherwise made available 

18 by this or any other Act shall be used to pay the salaries 

19 or expenses of any employee of the Department of Agri20 culture or officer of the Commodity Credit Corporation to 

21 carry out clause 3 of section 32 of the Agricultural Adjust22 ment Act of 1935 (Public Law 74–320, 7 U.S.C. 612c, as 

23 amended), or for any surplus removal activities or price 

24 support activities under section 5 of the Commodity Credit 

25 Corporation Charter Act: Provided further, That of the 


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1 available unobligated balances under (b)(2)(A)(v) of section 

2 14222 of Public Law 110–246, $150,000,000 are hereby re3 scinded. 

4 SEC. 723. Subject to authorizing legislation by the 

5 House Committee on Agriculture and the Senate Committee 

6 on Agriculture, Nutrition, and Forestry, the Secretary may 

7 reserve, through April 1, 2013, up to 5 percent of the fund8 ing available for the following items for projects in areas 

9 that are engaged in strategic regional development planning 

10 as defined by the Secretary: business and industry guaran11 teed loans; rural development loan fund; rural business en12 terprise grants; rural business opportunity grants; rural 

13 economic development program; rural microenterprise pro14 gram; biorefinery assistance program; rural energy for 

15 America program; value-added producer grants; broadband 

16 program; water and waste program; and rural community 

17 facilities program. 

18 SEC. 724. There is hereby appropriated $600,000 for 

19 the purposes of section 727 of division A of Public Law 

20 112–55. 

21 SEC. 725. None of the funds appropriated by this or 

22 any other Act shall be used to pay the salaries and expenses 

23 of personnel who prepare or submit appropriations lan24 guage as part of the President’s budget submission to the 

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1 diction of the Appropriations Subcommittees on Agri2 culture, Rural Development, Food and Drug Administra3 tion, and Related Agencies that assumes revenues or reflects 

4 a reduction from the previous year due to user fees pro5 posals that have not been enacted into law prior to the sub6 mission of the budget unless such budget submission identi7 fies which additional spending reductions should occur in 

8 the event the user fees proposals are not enacted prior to 

9 the date of the convening of a committee of conference for 

10 the fiscal year 2014 appropriations Act. 

11 SEC. 726. (a) None of the funds provided by this Act, 

12 or provided by previous Appropriations Acts to the agencies 

13 funded by this Act that remain available for obligation or 

14 expenditure in the current fiscal year, or provided from any 

15 accounts in the Treasury of the United States derived by 

16 the collection of fees available to the agencies funded by this 

17 Act, shall be available for obligation or expenditure through 

18 a reprogramming, transfer of funds, or reimbursements as 

19 authorized by the Economy Act, or in the case of the De20 partment of Agriculture, through use of the authority pro21 vided by section 702(b) of the Department of Agriculture 

22 Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public 

23 Law 89–106 (7 U.S.C. 2263), that— 

24 (1) creates new programs; 

25 (2) eliminates a program, project, or activity; 


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1 (3) increases funds or personnel by any means 

2 for any project or activity for which funds have been 

3 denied or restricted; 

4 (4) relocates an office or employees; 

5 (5) reorganizes offices, programs, or activities; or 

6 (6) contracts out or privatizes any functions or 

7 activities presently performed by Federal employees; 

8 unless the Secretary of Agriculture, the Secretary of Health 

9 and Human Services, or the Chairman of the Commodity 

10 Futures Trading Commission (as the case may be) notifies, 

11 in writing, the Committees on Appropriations of both 

12 Houses of Congress at least 30 days in advance of the re13 programming of such funds or the use of such authority. 

14 (b) None of the funds provided by this Act, or provided 

15 by previous Appropriations Acts to the agencies funded by 

16 this Act that remain available for obligation or expenditure 

17 in the current fiscal year, or provided from any accounts 

18 in the Treasury of the United States derived by the collec19 tion of fees available to the agencies funded by this Act, 

20 shall be available for obligation or expenditure for activi21 ties, programs, or projects through a reprogramming or use 

22 of the authorities referred to in subsection (a) involving 

23 funds in excess of $500,000 or 10 percent, whichever is less, 

24 that— 


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1 (1) augments existing programs, projects, or ac2 tivities; 

3 (2) reduces by 10 percent funding for any exist4 ing program, project, or activity, or numbers of per5 sonnel by 10 percent as approved by Congress; or 

6 (3) results from any general savings from a re7 duction in personnel which would result in a change 

8 in existing programs, activities, or projects as ap9 proved by Congress; unless the Secretary of Agri10 culture, the Secretary of Health and Human Services, 

11 or the Chairman of the Commodity Futures Trading 

12 Commission (as the case may be) notifies, in writing, 

13 the Committees on Appropriations of both Houses of 

14 Congress at least 30 days in advance of the re15 programming or transfer of such funds or the use of 

16 such authority. 

17 (c) The Secretary of Agriculture, the Secretary of 

18 Health and Human Services, or the Chairman of the Com19 modity Futures Trading Commission shall notify in writ20 ing the Committees on Appropriations of both Houses of 

21 Congress before implementing any program or activity not 

22 carried out during the previous fiscal year unless the pro23 gram or activity is funded by this Act or specifically funded 

24 by any other Act. 


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1 (d) As described in this section, no funds may be used 

2 for any activities unless the Secretary of Agriculture, the 

3 Secretary of Health and Human Services or the Chairman 

4 of the Commodity Futures Trading Commission receives 

5 from the Committee on Appropriations of both Houses of 

6 Congress written or electronic mail confirmation of receipt 

7 of the notification as required in this section. 

8 SEC. 727. Notwithstanding section 310B(g)(5) of the 

9 Consolidated Farm and Rural Development Act (7 U.S.C. 

10 1932(g)(5)), the Secretary may assess a one-time fee for any 

11 guaranteed business and industry loan in an amount that 

12 does not exceed 3 percent of the guaranteed principal por13 tion of the loan. 

14 SEC. 728. None of the funds appropriated or otherwise 

15 made available to the Department of Agriculture or the 

16 Food and Drug Administration shall be used to transmit 

17 or otherwise make available to any non-Department of Ag18 riculture or non-Department of Health and Human Serv19 ices employee questions or responses to questions that are 

20 a result of information requested for the appropriations 

21 hearing process. 

22 SEC. 729. Unless otherwise authorized by existing law, 

23 none of the funds provided in this Act, may be used by an 

24 executive branch agency to produce any prepackaged news 

25 story intended for broadcast or distribution in the United 


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1 States unless the story includes a clear notification within 

2 the text or audio of the prepackaged news story that the 

3 prepackaged news story was prepared or funded by that ex4 ecutive branch agency. 

5 SEC. 730. No employee of the Department of Agri6 culture may be detailed or assigned from an agency or office 

7 funded by this Act or any other Act to any other agency 

8 or office of the Department for more than 30 days unless 

9 the individual’s employing agency or office is fully reim10 bursed by the receiving agency or office for the salary and 

11 expenses of the employee for the period of assignment. 

12 SEC. 731. Notwithstanding any other provision of law, 

13 any area eligible for rural housing programs of the Rural 

14 Housing Service on September 30, 2012, shall remain eligi15 ble for such programs until September 30, 2013. 

16 SEC. 732. None of the funds made available by this 

17 Act may be used to enter into a contract, memorandum of 

18 understanding, or cooperative agreement with, make a 

19 grant to, or provide a loan or loan guarantee to any cor20 poration that was convicted (or had an officer or agent of 

21 such corporation acting on behalf of the corporation con22 victed) of a felony criminal violation under any Federal 

23 or State law within the preceding 24 months, where the 

24 awarding agency is aware of the conviction, unless the 

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1 poration, or such officer or agent, and made a determina2 tion that this further action is not necessary to protect the 

3 interests of the Government. 

4 SEC. 733. None of the funds made available by this 

5 Act may be used to enter into a contract, memorandum of 

6 understanding, or cooperative agreement with, make a 

7 grant to, or provide a loan or loan guarantee to, any cor8 poration that any unpaid Federal tax liability that has 

9 been assessed, for which all judicial and administrative 

10 remedies have been exhausted or have lapsed, and that is 

11 not being paid in a timely manner pursuant to an agree12 ment with the authority responsible for collecting the tax 

13 liability, where the awarding agency is aware of the unpaid 

14 tax liability, unless the agency has considered suspension 

15 or debarment of the corporation and made a determination 

16 that this further action is not necessary to protect the inter17 ests of the Government. 

18 SEC. 734. None of the funds made available by this 

19 Act may be used to pay the salaries and expenses of per20 sonnel who provide nonrecourse marketing assistance loans 

21 for mohair under section 1201 of the Food, Conservation, 

22 and Energy Act of 2008 (7 U.S.C. 8731). 

23 SEC. 735. In the event that a determination of non24 regulated status made pursuant to section 411 of the Plant 

25 Protection Act is or has been invalidated or vacated, the 


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1 Secretary of Agriculture shall, notwithstanding any other 

2 provision of law, upon request by a farmer, grower, farm 

3 operator, or producer, immediately grant temporary per4 mit(s) or temporary deregulation in part, subject to nec5 essary and appropriate conditions consistent with section 

6 411(a) or 412(c) of the Plant Protection Act, which interim 

7 conditions shall authorize the movement, introduction, con8 tinued cultivation, commercialization and other specifically 

9 enumerated activities and requirements, including meas10 ures designed to mitigate or minimize potential adverse en11 vironmental effects, if any, relevant to the Secretary’s eval12 uation of the petition for non-regulated status, while ensur13 ing that growers or other users are able to move, plant, cul14 tivate, introduce into commerce and carry out other author15 ized activities in a timely manner: Provided, That all such 

16 conditions shall be applicable only for the interim period 

17 necessary for the Secretary to complete any required anal18 yses or consultations related to the petition for non-regu19 lated status: Provided further, That nothing in this section 

20 shall be construed as limiting the Secretary’s authority 

21 under section 411, 412 and 414 of the Plant Protection Act. 

22 SEC. 736. None of the funds made available by this 

23 or any other Act may be used to pay for mitigation associ24 ated with the removal of Federal Energy Regulatory Com25 mission Project number 2342. 


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1 SEC. 737. Of the unobligated balance of funds available 

2 to the Department of Agriculture for the cost of broadband 

3 loans under the heading ‘‘Rural Development Programs— 

4 Rural Utilities Service—Distance Learning, Telemedicine, 

5 and Broadband Program’’ in prior appropriation Acts, 

6 $25,320,000 is rescinded. 

7 SEC. 738. Of the unobligated balances provided pursu8 ant to section 9004(d)(1) of the Farm Security and Rural 

9 Investment Act of 2002 (7 U.S.C. 8104), $28,045,000 are 

10 hereby rescinded. 

11 SEC. 739. Funds received by the Secretary of Agri12 culture in the global settlement of any Federal litigation 

13 concerning Federal mortgage loans during fiscal year 2012 

14 may be expended, in addition to any other available funds, 

15 by the Rural Housing Service to pay for costs associated 

16 with servicing single family housing loans guaranteed by 

17 the Rural Housing Service and such funds shall remain 

18 available until expended. 

19 SEC. 740. Not later than 30 days after the date of en20 actment of this Act, the Secretary of Agriculture, the Com21 missioner of the Food and Drug Administration, and the 

22 Chairman of the Farm Credit Administration shall submit 

23 to the Committees on Appropriations of the House of Rep24 resentatives and the Senate a detailed spending plan by 


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1 program, project, and activity for the funds made available 

2 under this Act. 

3 SEC. 741. There is hereby appropriated for the ‘‘Emer4 gency Conservation Program’’, $11,100,000, to remain 

5 available until expended; for the ‘‘Emergency Forestry Res6 toration Program’’, $14,200,000, to remain available until 

7 expended; and for the ‘‘Emergency Watershed Protection 

8 Program’’, $65,454,000, to remain available until ex9 pended: Provided, That not less than $48,257,000 made 

10 available for the Emergency Watershed Protection Program 

11 under this general provision are provided for necessary ex12 penses for a major disaster declaration issued under the 

13 Robert T. Stafford Disaster Relief and Emergency Assist14 ance Act (42 U.S.C. 5121 et. seq.). 

15 SEC. 742. None of the funds made available by this 

16 or any other Act may be used to write, prepare, or publish 

17 a final rule or an interim final rule in furtherance of, or 

18 otherwise to implement, ‘‘Implementation of Regulations 

19 Required Under Title XI, of the Food, Conservation and 

20 Energy Act of 2008; Conduct in Violation of the Act’’ (75 

21 Fed. Reg. 35338 (June 22, 2010)) unless the combined an22 nual cost to the economy of such rules does not exceed 

23 $100,000,000 or such rules have already been published in 

24 compliance with Section 721 of the Consolidated and Fur25 ther Continuing Appropriations Act, 2012, Public Law 


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1 112–55: Provided, That no funds made available by this 

2 or any other Act be used to publish a final or interim final 

3 rule in furtherance of, or otherwise to implement, proposed 

4 sections 201.2(l), 201.2(t), 201.2(u), 201.3(c), 201.210, 

5 201.211, 201.213, or 201.214 of ‘‘Implementation of Regula6 tions Required Under Title XI of the Food, Conservation 

7 and Energy Act of 2008; Conduct in Violation of the Act’’ 

8 (75 Fed. Reg. 35338 (June 22, 2010)): Provided further, 

9 That none of the funds made available by this or any other 

10 Act may be used to implement such rules until 60 days from 

11 the publication date of such rules: Provided further, That 

12 none of the funds made available by this Act may be used 

13 to enforce or to take regulatory action based on or in fur14 therance of sections 201.2(o), 201.3(a), or 201.215(a), of 

15 Title 9 of the Code of Federal Regulations, as they exist 

16 at the time this Act is passed, or to write, prepare, or pub17 lish a final or interim final rule in furtherance of, or other18 wise to implement, the definitions or criteria embodied in 

19 these sections: Provided further, That the Secretary of Agri20 culture shall, within 60 days, rescind sections 201.2(o), 

21 201.3(a), or 201.215(a), of Title 9 of the Code of Federal 

22 Regulations. 

23 SEC. 743. Notwithstanding any other provision of this 

24 Act— 


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1 (1) the amount made available for buildings op2 erations and maintenance expenses in the matter be3 fore the first proviso under the heading ‘‘AGRI4 CULTURE BUILDINGS AND FACILITIES AND RENTAL

5 PAYMENTS’’ under the heading ‘‘AGRICULTURAL 

6 PROGRAMS’’ in title I shall be $52,169,000; 

7 (2) the amount made available for necessary ex8 penses to carry out services authorized by the Federal 

9 Meat Inspection Act, the Poultry Products Inspection 

10 Act, and the Egg Products Inspection Act in the mat11 ter before the first proviso under the heading ‘‘FOOD

12 SAFETY AND INSPECTION SERVICE’’ under the head13 ing ‘‘AGRICULTURAL PROGRAMS’’ in title I shall 

14 be $1,056,427,000; and 

15 (3) the amount made available to provide com16 petitive grants to State agencies in the second proviso 

17 under the heading ‘‘CHILD NUTRITION PROGRAMS’’ 

18 under the heading ‘‘FOOD AND NUTRITION SERVICE’’ 

19 under the heading ‘‘DOMESTIC FOOD PRO20 GRAMS’’ in title IV shall be $10,000,000. 

21 This division may be cited as the ‘‘Agriculture, Rural 

22 Development, Food and Drug Administration, and Related 

23 Agencies Appropriations Act, 2013’’. 


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1 DIVISION B—COMMERCE, JUSTICE, 

2 SCIENCE, AND RELATED AGENCIES AP3 PROPRIATIONS ACT, 2013 

4 The following sums are hereby appropriated, out of 

5 any money in the Treasury not otherwise appropriated, for 

6 Departments of Commerce and Justice, and Science, and 

7 Related Agencies for the fiscal year ending September 30, 

8 2013, and for other purposes, namely: 

9 TITLE I 

10 DEPARTMENT OF COMMERCE 

11 INTERNATIONAL TRADE ADMINISTRATION

12 OPERATIONS AND ADMINISTRATION

13 For necessary expenses for international trade activi14 ties of the Department of Commerce provided for by law, 

15 and for engaging in trade promotional activities abroad, 

16 including expenses of grants and cooperative agreements for 

17 the purpose of promoting exports of United States firms, 

18 without regard to sections 3702 and 3703 of title 44, United 

19 States Code; full medical coverage for dependent members 

20 of immediate families of employees stationed overseas and 

21 employees temporarily posted overseas; travel and transpor22 tation of employees of the International Trade Administra23 tion between two points abroad, without regard to section 

24 40118 of title 49, United States Code; employment of citi25 zens of the United States and aliens by contract for services; 


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1 rental of space abroad for periods not exceeding 10 years, 

2 and expenses of alteration, repair, or improvement; pur3 chase or construction of temporary demountable exhibition 

4 structures for use abroad; payment of tort claims, in the 

5 manner authorized in the first paragraph of section 2672 

6 of title 28, United States Code, when such claims arise in 

7 foreign countries; not to exceed $294,300 for official rep8 resentation expenses abroad; purchase of passenger motor 

9 vehicles for official use abroad, not to exceed $45,000 per 

10 vehicle; obtaining insurance on official motor vehicles; and 

11 rental of tie lines, $482,538,000, to remain available until 

12 September 30, 2014, of which $11,360,000 is to be derived 

13 from fees to be retained and used by the International Trade 

14 Administration, notwithstanding section 3302 of title 31, 

15 United States Code: Provided, That, of amounts provided 

16 under this heading, not less than $16,400,000 shall be for 

17 China antidumping and countervailing duty enforcement 

18 and compliance activities: Provided further, That the provi19 sions of the first sentence of section 105(f) and all of section 

20 108(c) of the Mutual Educational and Cultural Exchange 

21 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 

22 in carrying out these activities; and that for the purpose 

23 of this Act, contributions under the provisions of the Mutual 

24 Educational and Cultural Exchange Act of 1961 shall inVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 clude payment for assessments for services provided as part 

2 of these activities. 

3 BUREAU OF INDUSTRY AND SECURITY

4 OPERATIONS AND ADMINISTRATION

5 For necessary expenses for export administration and 

6 national security activities of the Department of Commerce, 

7 including costs associated with the performance of export 

8 administration field activities both domestically and 

9 abroad; full medical coverage for dependent members of im10 mediate families of employees stationed overseas; employ11 ment of citizens of the United States and aliens by contract 

12 for services abroad; payment of tort claims, in the manner 

13 authorized in the first paragraph of section 2672 of title 

14 28, United States Code, when such claims arise in foreign 

15 countries; not to exceed $13,500 for official representation 

16 expenses abroad; awards of compensation to informers 

17 under the Export Administration Act of 1979, and as au18 thorized by section 1(b) of the Act of June 15, 1917 (40 

19 Stat. 223; 22 U.S.C. 401(b)); and purchase of passenger 

20 motor vehicles for official use and motor vehicles for law 

21 enforcement use with special requirement vehicles eligible 

22 for purchase without regard to any price limitation other23 wise established by law, $101,796,000, to remain available 

24 until expended: Provided, That the provisions of the first 

25 sentence of section 105(f) and all of section 108(c) of the 


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1 Mutual Educational and Cultural Exchange Act of 1961 

2 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 

3 out these activities: Provided further, That payments and 

4 contributions collected and accepted for materials or serv5 ices provided as part of such activities may be retained for 

6 use in covering the cost of such activities, and for providing 

7 information to the public with respect to the export admin8 istration and national security activities of the Department 

9 of Commerce and other export control programs of the 

10 United States and other governments. 

11 ECONOMIC DEVELOPMENT ADMINISTRATION

12 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

13 For grants for economic development assistance as pro14 vided by the Public Works and Economic Development Act 

15 of 1965, for trade adjustment assistance, for the cost of loan 

16 guarantees authorized by section 26 of the Stevenson-Wydler 

17 Technology Innovation Act of 1980 (15 U.S.C. 3721), and 

18 for grants, and for the cost of loan guarantees authorized 

19 by section 27 (15 U.S.C. 3722) of such Act, $187,300,000, 

20 to remain available until expended; of which $5,000,000 

21 shall be for projects to facilitate the relocation, to the United 

22 States, of a source of employment located outside the United 

23 States; of which $5,000,000 shall be for loan guarantees 

24 under section 26; and of which up to $5,000,000 shall be 

25 for loan guarantees under section 27: Provided, That the 


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1 costs for loan guarantees, including the cost of modifying 

2 such loans, shall be as defined in section 502 of the Congres3 sional Budget Act of 1974: Provided further, That these 

4 funds for loan guarantees under such sections 26 and 27 

5 combined are available to subsidize total loan principal, 

6 any part of which is to be guaranteed, not to exceed 

7 $70,000,000. 

8 SALARIES AND EXPENSES

9 For necessary expenses of administering the economic 

10 development assistance programs as provided for by law, 

11 $37,500,000: Provided, That these funds may be used to 

12 monitor projects approved pursuant to title I of the Public 

13 Works Employment Act of 1976, title II of the Trade Act 

14 of 1974, and the Community Emergency Drought Relief Act 

15 of 1977. 

16 MINORITY BUSINESS DEVELOPMENT AGENCY

17 MINORITY BUSINESS DEVELOPMENT

18 For necessary expenses of the Department of Commerce 

19 in fostering, promoting, and developing minority business 

20 enterprise, including expenses of grants, contracts, and 

21 other agreements with public or private organizations, 

22 $28,689,000. 


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1 ECONOMIC AND STATISTICAL ANALYSIS

2 SALARIES AND EXPENSES

3 For necessary expenses, as authorized by law, of eco4 nomic and statistical analysis programs of the Department 

5 of Commerce, $100,228,000, to remain available until Sep6 tember 30, 2014. 

7 BUREAU OF THE CENSUS

8 SALARIES AND EXPENSES

9 For necessary expenses for collecting, compiling, ana10 lyzing, preparing and publishing statistics, provided for by 

11 law, $256,255,000: Provided, That, from amounts provided 

12 herein, funds may be used for promotion, outreach, and 

13 marketing activities. 

14 PERIODIC CENSUSES AND PROGRAMS

15 For necessary expenses for collecting, compiling, ana16 lyzing, preparing and publishing statistics for periodic cen17 suses and programs, provided for by law, $667,953,000, to 

18 remain available until September 30, 2014: Provided, That 

19 $649,953,000 is appropriated from the general fund and 

20 $18,000,000 is derived from available unobligated balances 

21 from the Census Working Capital Fund: Provided further, 

22 That from amounts provided herein, funds may be used for 

23 promotion, outreach, and marketing activities: Provided 

24 further, That within the amounts appropriated, $1,000,000 

25 shall be transferred to the ‘‘Office of Inspector General’’ acVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 count for activities associated with carrying out investiga2 tions and audits related to the Bureau of the Census. 

3 NATIONAL TELECOMMUNICATIONS AND INFORMATION

4 ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses, as provided for by law, of the 

7 National Telecommunications and Information Adminis8 tration (NTIA), $45,994,000, to remain available until 

9 September 30, 2014: Provided, That, notwithstanding 31 

10 U.S.C. 1535(d), the Secretary of Commerce shall charge 

11 Federal agencies for costs incurred in spectrum manage12 ment, analysis, operations, and related services, and such 

13 fees shall be retained and used as offsetting collections for 

14 costs of such spectrum services, to remain available until 

15 expended: Provided further, That the Secretary of Com16 merce is authorized to retain and use as offsetting collec17 tions all funds transferred, or previously transferred, from 

18 other Government agencies for all costs incurred in tele19 communications research, engineering, and related activi20 ties by the Institute for Telecommunication Sciences of 

21 NTIA, in furtherance of its assigned functions under this 

22 paragraph, and such funds received from other Government 

23 agencies shall remain available until expended. 


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1 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

2 CONSTRUCTION

3 For the administration of prior-year grants, recoveries 

4 and unobligated balances of funds previously appropriated 

5 are available for the administration of all open grants until 

6 their expiration. 

7 UNITED STATES PATENT AND TRADEMARK OFFICE

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFERS OF FUNDS)

10 For necessary expenses of the United States Patent and 

11 Trademark Office (USPTO) provided for by law, including 

12 defense of suits instituted against the Under Secretary of 

13 Commerce for Intellectual Property and Director of the 

14 USPTO, $2,933,241,000, to remain available until ex15 pended: Provided, That the sum herein appropriated from 

16 the general fund shall be reduced as offsetting collections 

17 of fees and surcharges assessed and collected by the USPTO 

18 under any law are received during fiscal year 2013, so as 

19 to result in a fiscal year 2013 appropriation from the gen20 eral fund estimated at $0: Provided further, That during 

21 fiscal year 2013, should the total amount of such offsetting 

22 collections be less than $2,933,241,000 this amount shall be 

23 reduced accordingly: Provided further, That any amount re24 ceived in excess of $2,933,241,000 in fiscal year 2013 and 

25 deposited in the Patent and Trademark Fee Reserve Fund 


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1 shall remain available until expended: Provided further, 

2 That the Director of USPTO shall submit a spending plan 

3 to the Committees on Appropriations of the House of Rep4 resentatives and the Senate for any amounts made available 

5 by the preceding proviso and such spending plan shall be 

6 treated as a reprogramming under section 505 of this Act 

7 and shall not be available for obligation or expenditure ex8 cept in compliance with the procedures set forth in that sec9 tion: Provided further, That from amounts provided herein, 

10 not to exceed $900 shall be made available in fiscal year 

11 2013 for official reception and representation expenses: Pro12 vided further, That in fiscal year 2013 from the amounts 

13 made available for ‘‘Salaries and Expenses’’ for the 

14 USPTO, the amounts necessary to pay (1) the difference 

15 between the percentage of basic pay contributed by the 

16 USPTO and employees under section 8334(a) of title 5, 

17 United States Code, and the normal cost percentage (as de18 fined by section 8331(17) of that title) as provided by the 

19 Office of Personnel Management (OPM) for USPTO’s spe20 cific use, of basic pay, of employees subject to subchapter 

21 III of chapter 83 of that title, and (2) the present value 

22 of the otherwise unfunded accruing costs, as determined by 

23 OPM for USPTO’s specific use of post-retirement life insur24 ance and post-retirement health benefits coverage for all 

25 USPTO employees who are enrolled in Federal Employees 


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1 Health Benefits (FEHB) and Federal Employees Group 

2 Life Insurance (FEGLI), shall be transferred to the Civil 

3 Service Retirement and Disability Fund, the FEGLI Fund, 

4 and the FEHB Fund, as appropriate, and shall be avail5 able for the authorized purposes of those accounts: Provided 

6 further, That any differences between the present value fac7 tors published in OPM’s yearly 300 series benefit letters and 

8 the factors that OPM provides for USPTO’s specific use 

9 shall be recognized as an imputed cost on USPTO’s finan10 cial statements, where applicable: Provided further, That, 

11 notwithstanding any other provision of law, all fees and 

12 surcharges assessed and collected by USPTO are available 

13 for USPTO only pursuant to section 42(c) of title 35, 

14 United States Code, as amended by section 22 of the Leahy15 Smith America Invents Act (Public Law 112–29): Provided 

16 further, That within the amounts appropriated, $2,000,000 

17 shall be transferred to the ‘‘Office of Inspector General’’ ac18 count for activities associated with carrying out investiga19 tions and audits related to the USPTO. 

20 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

21 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

22 For necessary expenses of the National Institute of 

23 Standards and Technology (NIST), $621,173,000, to re24 main available until expended, of which not to exceed 

25 $9,000,000 may be transferred to the ‘‘Working Capital 


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1 Fund’’: Provided, That not to exceed $5,000 shall be for offi2 cial reception and representation expenses: Provided fur3 ther, That NIST may provide local transportation for sum4 mer undergraduate research fellowship program partici5 pants. 

6 INDUSTRIAL TECHNOLOGY SERVICES

7 For necessary expenses for industrial technology serv8 ices, $143,000,000, to remain available until expended, of 

9 which $128,500,000 shall be for the Hollings Manufacturing 

10 Extension Partnership, and of which $14,500,000 shall be 

11 for the Advanced Manufacturing Technology Consortia. 

12 CONSTRUCTION OF RESEARCH FACILITIES

13 For construction of new research facilities, including 

14 architectural and engineering design, and for renovation 

15 and maintenance of existing facilities, not otherwise pro16 vided for the National Institute of Standards and Tech17 nology, as authorized by sections 13 through 15 of the Na18 tional Institute of Standards and Technology Act (15 

19 U.S.C. 278c–278e), $60,000,000, to remain available until 

20 expended: Provided, That the Secretary of Commerce shall 

21 include in the budget justification materials that the Sec22 retary submits to Congress in support of the Department 

23 of Commerce budget (as submitted with the budget of the 

24 President under section 1105(a) of title 31, United States 

25 Code) an estimate for each National Institute of Standards 


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1 and Technology construction project having a total multi2 year program cost of more than $5,000,000 and simulta3 neously the budget justification materials shall include an 

4 estimate of the budgetary requirements for each such project 

5 for each of the five subsequent fiscal years. 

6 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

7 OPERATIONS, RESEARCH, AND FACILITIES

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses of activities authorized by law 

10 for the National Oceanic and Atmospheric Administration, 

11 including maintenance, operation, and hire of aircraft and 

12 vessels; grants, contracts, or other payments to nonprofit 

13 organizations for the purposes of conducting activities pur14 suant to cooperative agreements; and relocation of facilities, 

15 $3,112,614,000, to remain available until September 30, 

16 2014, except that funds provided for cooperative enforce17 ment shall remain available until September 30, 2015: Pro18 vided, That fees and donations received by the National 

19 Ocean Service for the management of national marine sanc20 tuaries may be retained and used for the salaries and ex21 penses associated with those activities, notwithstanding sec22 tion 3302 of title 31, United States Code: Provided further, 

23 That in addition, $119,064,000 shall be derived by transfer 

24 from the fund entitled ‘‘Promote and Develop Fishery Prod25 ucts and Research Pertaining to American Fisheries’’, 


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1 which shall only be used for fishery activities related to Co2 operative Research, Annual Stock Assessments, Survey and 

3 Monitoring Projects, Interjurisdictional Fisheries Grants, 

4 and Fish Information Networks: Provided further, That of 

5 the $3,246,678,000 provided for in direct obligations under 

6 this heading $3,112,614,000 is appropriated from the gen7 eral fund, $119,064,000 is provided by transfer and 

8 $15,000,000 is derived from recoveries of prior year obliga9 tions: Provided further, That the total amount available for 

10 National Oceanic and Atmospheric Administration cor11 porate services administrative support costs shall not exceed 

12 $212,664,000: Provided further, That any deviation from 

13 the amounts designated for specific activities in the state14 ment accompanying this Act, or any use of deobligated bal15 ances of funds provided under this heading in previous 

16 years, shall be subject to the procedures set forth in section 

17 505 of this Act: Provided further, That in allocating grants 

18 under sections 306 and 306A of the Coastal Zone Manage19 ment Act of 1972, as amended, no coastal State shall receive 

20 more than 5 percent or less than 1 percent of increased 

21 funds appropriated over the previous fiscal year: Provided 

22 further, That in addition, for necessary retired pay expenses 

23 under the Retired Serviceman’s Family Protection and 

24 Survivor Benefits Plan, and for payments for the medical 

25 care of retired personnel and their dependents under the 


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1 Dependents Medical Care Act (10 U.S.C. 55), such sums 

2 as may be necessary. 

3 PROCUREMENT, ACQUISITION AND CONSTRUCTION

4 For procurement, acquisition and construction of cap5 ital assets, including alteration and modification costs, of 

6 the National Oceanic and Atmospheric Administration, 

7 $1,926,036,000, to remain available until September 30, 

8 2015, except that funds provided for construction of facili9 ties shall remain available until expended: Provided, That 

10 of the $1,941,036,000 provided for in direct obligations 

11 under this heading, $1,926,036,000 is appropriated from 

12 the general fund and $15,000,000 is provided from recov13 eries of prior year obligations: Provided further, That any 

14 deviation from the amounts designated for specific activities 

15 in the statement accompanying this Act, or any use of 

16 deobligated balances of funds provided under this heading 

17 in previous years, shall be subject to the procedures set forth 

18 in section 505 of this Act: Provided further, That the Sec19 retary of Commerce shall include in budget justification 

20 materials that the Secretary submits to Congress in support 

21 of the Department of Commerce budget (as submitted with 

22 the budget of the President under section 1105(a) of title 

23 31, United States Code) an estimate for each National Oce24 anic and Atmospheric Administration procurement, acqui25 sition or construction project having a total of more than 


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1 $5,000,000 and simultaneously the budget justification 

2 shall include an estimate of the budgetary requirements for 

3 each such project for each of the 5 subsequent fiscal years: 

4 Provided further, That, within the amounts appropriated, 

5 $1,000,000 shall be transferred to the ‘‘Office of Inspector 

6 General’’ account for activities associated with carrying out 

7 investigations and audits related to satellite procurement, 

8 acquisition and construction. 

9 PACIFIC COASTAL SALMON RECOVERY

10 For necessary expenses associated with the restoration 

11 of Pacific salmon populations, $65,000,000, to remain 

12 available until September 30, 2014: Provided, That, of the 

13 funds provided herein, the Secretary of Commerce may 

14 issue grants to the States of Washington, Oregon, Idaho, 

15 Nevada, California, and Alaska, and to the Federally recog16 nized tribes of the Columbia River and Pacific Coast (in17 cluding Alaska), for projects necessary for conservation of 

18 salmon and steelhead populations that are listed as threat19 ened or endangered, or that are identified by a State as 

20 at-risk to be so listed, for maintaining populations nec21 essary for exercise of tribal treaty fishing rights or native 

22 subsistence fishing, or for conservation of Pacific coastal 

23 salmon and steelhead habitat, based on guidelines to be de24 veloped by the Secretary of Commerce: Provided further, 

25 That all funds shall be allocated based on scientific and 


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1 other merit principles and shall not be available for mar2 keting activities: Provided further, That funds disbursed to 

3 States shall be subject to a matching requirement of funds 

4 or documented in-kind contributions of at least 33 percent 

5 of the Federal funds. 

6 FISHERMEN’S CONTINGENCY FUND

7 For carrying out the provisions of title IV of Public 

8 Law 95–372, not to exceed $350,000, to be derived from re9 ceipts collected pursuant to that Act, to remain available 

10 until expended. 

11 FISHERIES FINANCE PROGRAM ACCOUNT

12 Subject to section 502 of the Congressional Budget Act 

13 of 1974, during fiscal year 2013, obligations of direct loans 

14 may not exceed $24,000,000 for Individual Fishing Quota 

15 loans and not to exceed $59,000,000 for traditional direct 

16 loans as authorized by the Merchant Marine Act of 1936: 

17 Provided, That none of the funds made available under this 

18 heading may be used for direct loans for any new fishing 

19 vessel that will increase the harvesting capacity in any 

20 United States fishery. 

21 DEPARTMENTAL MANAGEMENT

22 SALARIES AND EXPENSES

23 For necessary expenses for the management of the De24 partment of Commerce provided for by law, including not 

25 to exceed $4,500 for official reception and representation, 


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1 $56,000,000: Provided, That the Secretary of Commerce 

2 shall maintain a task force on job repatriation and manu3 facturing growth and shall produce an annual report on 

4 related incentive strategies, implementation plans and pro5 gram results. 

6 RENOVATION AND MODERNIZATION

7 For expenses necessary for the renovation and mod8 ernization of Department of Commerce facilities, 

9 $2,040,000, to remain available until expended. 

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector Gen12 eral in carrying out the provisions of the Inspector General 

13 Act of 1978 (5 U.S.C. App.), $28,753,000. 

14 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

15 SEC. 101. During the current fiscal year, applicable 

16 appropriations and funds made available to the Depart17 ment of Commerce by this Act shall be available for the 

18 activities specified in the Act of October 26, 1949 (15 U.S.C. 

19 1514), to the extent and in the manner prescribed by the 

20 Act, and, notwithstanding 31 U.S.C. 3324, may be used for 

21 advanced payments not otherwise authorized only upon the 

22 certification of officials designated by the Secretary of Com23 merce that such payments are in the public interest. 

24 SEC. 102. During the current fiscal year, appropria25 tions made available to the Department of Commerce by 


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1 this Act for salaries and expenses shall be available for hire 

2 of passenger motor vehicles as authorized by 31 U.S.C. 1343 

3 and 1344; services as authorized by 5 U.S.C. 3109; and uni4 forms or allowances therefor, as authorized by law (5 U.S.C. 

5 5901–5902). 

6 SEC. 103. Not to exceed 5 percent of any appropriation 

7 made available for the current fiscal year for the Depart8 ment of Commerce in this Act may be transferred between 

9 such appropriations, but no such appropriation shall be in10 creased by more than 10 percent by any such transfers: Pro11 vided, That any transfer pursuant to this section shall be 

12 treated as a reprogramming of funds under section 505 of 

13 this Act and shall not be available for obligation or expendi14 ture except in compliance with the procedures set forth in 

15 that section: Provided further, That the Secretary of Com16 merce shall notify the Committees on Appropriations at 

17 least 15 days in advance of the acquisition or disposal of 

18 any capital asset (including land, structures, and equip19 ment) not specifically provided for in this Act or any other 

20 law appropriating funds for the Department of Commerce. 

21 SEC. 104. Any costs incurred by a department or agen22 cy funded under this title resulting from personnel actions 

23 taken in response to funding reductions included in this 

24 title or from actions taken for the care and protection of 

25 loan collateral or grant property shall be absorbed within 


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1 the total budgetary resources available to such department 

2 or agency: Provided, That the authority to transfer funds 

3 between appropriations accounts as may be necessary to 

4 carry out this section is provided in addition to authorities 

5 included elsewhere in this Act: Provided further, That use 

6 of funds to carry out this section shall be treated as a re7 programming of funds under section 505 of this Act and 

8 shall not be available for obligation or expenditure except 

9 in compliance with the procedures set forth in that section. 

10 SEC. 105. (a) Section 105(f) of the Commerce, Justice, 

11 Science, and Related Agencies Appropriations Act, 2012 

12 (Public Law 112–55) is amended— 

13 (1) by striking ‘‘paragraph (2)’’ and inserting 

14 ‘‘subsection (e)(2)’’; and 

15 (2) by striking ‘‘this subsection’’ and inserting 

16 ‘‘subsection (e)’’. 

17 (b) The requirements set forth by section 105 of the 

18 Commerce, Justice, Science, and Related Agencies Appro19 priations Act, 2012 (Public Law 112–55), as amended by 

20 subsection (a) of this section, are hereby adopted by ref21 erence. 

22 SEC. 106. Notwithstanding any other provision of law, 

23 the Secretary may furnish services (including but not lim24 ited to utilities, telecommunications, and security services) 

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1 provement of space that persons, firms, or organizations are 

2 authorized, pursuant to the Public Buildings Cooperative 

3 Use Act of 1976 or other authority, to use or occupy in 

4 the Herbert C. Hoover Building, Washington, DC, or other 

5 buildings, the maintenance, operation, and protection of 

6 which has been delegated to the Secretary from the Adminis7 trator of General Services pursuant to the Federal Property 

8 and Administrative Services Act of 1949 on a reimbursable 

9 or non-reimbursable basis. Amounts received as reimburse10 ment for services provided under this section or the author11 ity under which the use or occupancy of the space is author12 ized, up to $200,000, shall be credited to the appropriation 

13 or fund which initially bears the costs of such services. 

14 SEC. 107. Nothing in this title shall be construed to 

15 prevent a grant recipient from deterring child pornography, 

16 copyright infringement, or any other unlawful activity over 

17 its networks. 

18 SEC. 108. The Administrator of the National Oceanic 

19 and Atmospheric Administration is authorized to use, with 

20 their consent, with reimbursement and subject to the limits 

21 of available appropriations, the land, services, equipment, 

22 personnel, and facilities of any department, agency, or in23 strumentality of the United States, or of any State, local 

24 government, Indian tribal government, Territory, or posses25 sion, or of any political subdivision thereof, or of any forVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00370 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 eign government or international organization, for purposes 

2 related to carrying out the responsibilities of any statute 

3 administered by the National Oceanic and Atmospheric Ad4 ministration. 

5 SEC. 109. The Department of Commerce shall provide 

6 a monthly report to the Committees on Appropriations of 

7 the House of Representatives and the Senate on any official 

8 travel to China by any employee of the U.S. Department 

9 of Commerce, including the purpose of such travel. 

10 SEC. 110. Section 113(b)(3) of division B of Public 

11 Law 112–55 is amended by striking ‘‘2012’’ and inserting 

12 ‘‘2013’’. 

13 This title may be cited as the ‘‘Department of Com14 merce Appropriations Act, 2013’’. 

15 TITLE II 

16 DEPARTMENT OF JUSTICE 

17 GENERAL ADMINISTRATION

18 SALARIES AND EXPENSES

19 For expenses necessary for the administration of the 

20 Department of Justice, $110,822,000, of which not to exceed 

21 $4,000,000 for security and construction of Department of 

22 Justice facilities shall remain available until expended. 

23 JUSTICE INFORMATION SHARING TECHNOLOGY

24 For necessary expenses for information sharing tech25 nology, including planning, development, deployment and 


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1 departmental direction, $33,426,000, to remain available 

2 until expended. 

3 ADMINISTRATIVE REVIEW AND APPEALS

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses necessary for the administration of par6 don and clemency petitions and immigration-related activi7 ties, $313,438,000, of which $4,000,000 shall be derived by 

8 transfer from the Executive Office for Immigration Review 

9 fees deposited in the ‘‘Immigration Examinations Fee’’ ac10 count. 

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector Gen13 eral, $85,985,000, including not to exceed $10,000 to meet 

14 unforeseen emergencies of a confidential character. 

15 UNITED STATES PAROLE COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the United States Parole 

18 Commission as authorized, $12,772,000. 

19 LEGAL ACTIVITIES

20 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

21 For expenses necessary for the legal activities of the 

22 Department of Justice, not otherwise provided for, includ23 ing not to exceed $20,000 for expenses of collecting evidence, 

24 to be expended under the direction of, and to be accounted 

25 for solely under the certificate of, the Attorney General; and 


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1 rent of private or Government-owned space in the District 

2 of Columbia, $881,000,000, of which not to exceed 

3 $10,000,000 for litigation support contracts shall remain 

4 available until expended: Provided, That of the total 

5 amount appropriated, not to exceed $9,000 shall be avail6 able to INTERPOL Washington for official reception and 

7 representation expenses: Provided further, That notwith8 standing section 205 of this Act, upon a determination by 

9 the Attorney General that emergent circumstances require 

10 additional funding for litigation activities of the Civil Divi11 sion, the Attorney General may transfer such amounts to 

12 ‘‘Salaries and Expenses, General Legal Activities’’ from 

13 available appropriations for the current fiscal year for the 

14 Department of Justice, as may be necessary to respond to 

15 such circumstances: Provided further, That any transfer 

16 pursuant to the previous proviso shall be treated as a re17 programming under section 505 of this Act and shall not 

18 be available for obligation or expenditure except in compli19 ance with the procedures set forth in that section: Provided 

20 further, That of the amount appropriated, such sums as 

21 may be necessary shall be available to reimburse the Office 

22 of Personnel Management for salaries and expenses associ23 ated with the election monitoring program under section 

24 8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f): Pro25 vided further, That of the amounts provided under this 


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1 heading for the election monitoring program, $3,390,000 

2 shall remain available until expended. 

3 In addition, for reimbursement of expenses of the De4 partment of Justice associated with processing cases under 

5 the National Childhood Vaccine Injury Act of 1986, not to 

6 exceed $7,833,000, to be appropriated from the Vaccine In7 jury Compensation Trust Fund. 

8 SALARIES AND EXPENSES, ANTITRUST DIVISION

9 For expenses necessary for the enforcement of antitrust 

10 and kindred laws, $162,170,000, to remain available until 

11 expended: Provided, That notwithstanding any other provi12 sion of law, fees collected for premerger notification filings 

13 under the Hart-Scott-Rodino Antitrust Improvements Act 

14 of 1976 (15 U.S.C. 18a), regardless of the year of collection 

15 (and estimated to be $115,000,000 in fiscal year 2013), 

16 shall be retained and used for necessary expenses in this 

17 appropriation, and shall remain available until expended: 

18 Provided further, That the sum herein appropriated from 

19 the general fund shall be reduced as such offsetting collec20 tions are received during fiscal year 2013, so as to result 

21 in a final fiscal year 2013 appropriation from the general 

22 fund estimated at $47,170,000. 

23 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

24 For necessary expenses of the Offices of the United 

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1 ative agreements, $1,969,687,000: Provided, That of the 

2 total amount appropriated, not to exceed $7,200 shall be 

3 available for official reception and representation expenses: 

4 Provided further, That not to exceed $25,000,000 shall re5 main available until expended: Provided further, That each 

6 United States Attorney shall establish or participate in a 

7 United States Attorney-led task force on human trafficking: 

8 Provided further, That of the total amount appropriated, 

9 $10,000,000 shall only be available after the Attorney Gen10 eral certifies that each United States Attorney is partici11 pating in a United States Attorney-led task force on human 

12 trafficking. 

13 UNITED STATES TRUSTEE SYSTEM FUND

14 For necessary expenses of the United States Trustee 

15 Program, as authorized, $223,258,000, to remain available 

16 until expended and to be derived from the United States 

17 Trustee System Fund: Provided, That not less than 

18 $1,500,000 shall be for debtor audits: Provided further, 

19 That, notwithstanding any other provision of law, deposits 

20 to the Fund shall be available in such amounts as may be 

21 necessary to pay refunds due depositors: Provided further, 

22 That, notwithstanding any other provision of law, 

23 $223,258,000 of offsetting collections pursuant to section 

24 589a(b) of title 28, United States Code, shall be retained 

25 and used for necessary expenses in this appropriation and 


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1 shall remain available until expended: Provided further, 

2 That the sum herein appropriated from the Fund shall be 

3 reduced as such offsetting collections are received during fis4 cal year 2013, so as to result in a final fiscal year 2013 

5 appropriation from the Fund estimated at $0. 

6 SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT

7 COMMISSION

8 For expenses necessary to carry out the activities of 

9 the Foreign Claims Settlement Commission, including serv10 ices as authorized by section 3109 of title 5, United States 

11 Code, $2,000,000. 

12 FEES AND EXPENSES OF WITNESSES

13 For fees and expenses of witnesses, for expenses of con14 tracts for the procurement and supervision of expert wit15 nesses, for private counsel expenses, including advances, 

16 and for expenses of foreign counsel, $270,000,000, to remain 

17 available until expended, of which not to exceed $10,000,000 

18 is for construction of buildings for protected witness 

19 safesites; not to exceed $3,000,000 is for the purchase and 

20 maintenance of armored and other vehicles for witness secu21 rity caravans; and not to exceed $11,000,000 is for the pur22 chase, installation, maintenance, and upgrade of secure 

23 telecommunications equipment and a secure automated in24 formation network to store and retrieve the identities and 

25 locations of protected witnesses. 


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1 SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

2 For necessary expenses of the Community Relations 

3 Service, $12,036,000: Provided, That notwithstanding sec4 tion 205 of this Act, upon a determination by the Attorney 

5 General that emergent circumstances require additional 

6 funding for conflict resolution and violence prevention ac7 tivities of the Community Relations Service, the Attorney 

8 General may transfer such amounts to the Community Re9 lations Service, from available appropriations for the cur10 rent fiscal year for the Department of Justice, as may be 

11 necessary to respond to such circumstances: Provided fur12 ther, That any transfer pursuant to the preceding proviso 

13 shall be treated as a reprogramming under section 505 of 

14 this Act and shall not be available for obligation or expendi15 ture except in compliance with the procedures set forth in 

16 that section. 

17 ASSETS FORFEITURE FUND

18 For expenses authorized by subparagraphs (B), (F), 

19 and (G) of section 524(c)(1) of title 28, United States Code, 

20 $20,948,000, to be derived from the Department of Justice 

21 Assets Forfeiture Fund. 

22 UNITED STATES MARSHALS SERVICE

23 SALARIES AND EXPENSES

24 For necessary expenses of the United States Marshals 

25 Service, $1,196,000,000, of which not to exceed $6,000 shall 


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1 be available for official reception and representation ex2 penses, and not to exceed $15,000,000 shall remain avail3 able until expended. 

4 CONSTRUCTION

5 For construction in space controlled, occupied or uti6 lized by the United States Marshals Service for prisoner 

7 holding and related support, $10,000,000, to remain avail8 able until expended. 

9 FEDERAL PRISONER DETENTION

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses related to United States pris12 oners in the custody of the United States Marshals Service 

13 as authorized by section 4013 of title 18, United States 

14 Code, $1,647,383,000, to remain available until expended: 

15 Provided, That not to exceed $20,000,000 shall be considered 

16 ‘‘funds appropriated for State and local law enforcement 

17 assistance’’ pursuant to section 4013(b) of title 18, United 

18 States Code: Provided further, That the United States Mar19 shals Service shall be responsible for managing the Justice 

20 Prisoner and Alien Transportation System: Provided fur21 ther, That any unobligated balances available from funds 

22 appropriated under the heading ‘‘General Administration, 

23 Detention Trustee’’ shall be transferred to and merged with 

24 the appropriation under this heading. 


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1 NATIONAL SECURITY DIVISION

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the activities of 

4 the National Security Division, $90,039,000, of which not 

5 to exceed $5,000,000 for information technology systems 

6 shall remain available until expended: Provided, That not7 withstanding section 205 of this Act, upon a determination 

8 by the Attorney General that emergent circumstances re9 quire additional funding for the activities of the National 

10 Security Division, the Attorney General may transfer such 

11 amounts to this heading from available appropriations for 

12 the current fiscal year for the Department of Justice, as 

13 may be necessary to respond to such circumstances: Pro14 vided further, That any transfer pursuant to the preceding 

15 proviso shall be treated as a reprogramming under section 

16 505 of this Act and shall not be available for obligation 

17 or expenditure except in compliance with the procedures set 

18 forth in that section. 

19 INTERAGENCY LAW ENFORCEMENT

20 INTERAGENCY CRIME AND DRUG ENFORCEMENT

21 For necessary expenses for the identification, inves22 tigation, and prosecution of individuals associated with the 

23 most significant drug trafficking and affiliated money 

24 laundering organizations not otherwise provided for, to in25 clude inter-governmental agreements with State and local 


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1 law enforcement agencies engaged in the investigation and 

2 prosecution of individuals involved in organized crime drug 

3 trafficking, $521,793,000, of which $50,000,000 shall re4 main available until expended: Provided, That any 

5 amounts obligated from appropriations under this heading 

6 may be used under authorities available to the organiza7 tions reimbursed from this appropriation. 

8 FEDERAL BUREAU OF INVESTIGATION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Federal Bureau of Inves11 tigation for detection, investigation, and prosecution of 

12 crimes against the United States, $8,185,007,000, of which 

13 not to exceed $216,900,000 shall remain available until ex14 pended: Provided, That not to exceed $184,500 shall be 

15 available for official reception and representation expenses: 

16 Provided further, That $500,000 shall be for a comprehen17 sive review of the implementation of the recommendations 

18 related to the Federal Bureau of Investigation that were 

19 proposed in the report issued by the National Commission 

20 on Terrorist Attacks Upon the United States. 

21 CONSTRUCTION

22 For necessary expenses, to include the cost of equip23 ment, furniture, and information technology requirements, 

24 related to construction or acquisition of buildings, facilities 

25 and sites by purchase, or as otherwise authorized by law; 


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1 conversion, modification and extension of Federally-owned 

2 buildings; preliminary planning and design of projects; and 

3 operation and maintenance of secure work environment fa4 cilities and secure networking capabilities; $80,982,000, to 

5 remain available until expended. 

6 DRUG ENFORCEMENT ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Drug Enforcement Ad9 ministration, including not to exceed $70,000 to meet un10 foreseen emergencies of a confidential character pursuant 

11 to section 530C of title 28, United States Code; and expenses 

12 for conducting drug education and training programs, in13 cluding travel and related expenses for participants in such 

14 programs and the distribution of items of token value that 

15 promote the goals of such programs, $2,050,904,000; of 

16 which not to exceed $75,000,000 shall remain available 

17 until expended and not to exceed $90,000 shall be available 

18 for official reception and representation expenses. 

19 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

20 EXPLOSIVES

21 SALARIES AND EXPENSES

22 For necessary expenses of the Bureau of Alcohol, To23 bacco, Firearms and Explosives, for training of State and 

24 local law enforcement agencies with or without reimburse25 ment, including training in connection with the training 


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1 and acquisition of canines for explosives and fire 

2 accelerants detection; and for provision of laboratory assist3 ance to State and local law enforcement agencies, with or 

4 without reimbursement, $1,153,345,000, of which not to ex5 ceed $36,000 shall be for official reception and representa6 tion expenses, not to exceed $1,000,000 shall be available 

7 for the payment of attorneys’ fees as provided by section 

8 924(d)(2) of title 18, United States Code, and not to exceed 

9 $15,000,000 shall remain available until expended: Pro10 vided, That, in the current fiscal year and any fiscal year 

11 thereafter, no funds appropriated under this or any other 

12 Act shall be used to pay administrative expenses or the com13 pensation of any officer or employee of the United States 

14 to implement an amendment or amendments to section 

15 478.118 of title 27, Code of Federal Regulations, or to 

16 change the definition of ‘‘Curios or relics’’ in section 478.11 

17 of title 27, Code of Federal Regulations, or remove any item 

18 from ATF Publication 5300.11 as it existed on January 

19 1, 1994: Provided further, That none of the funds appro20 priated herein shall be available to investigate or act upon 

21 applications for relief from Federal firearms disabilities 

22 under section 925(c) of title 18, United States Code: Pro23 vided further, That such funds shall be available to inves24 tigate and act upon applications filed by corporations for 

25 relief from Federal firearms disabilities under section 


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1 925(c) of title 18, United States Code: Provided further, 

2 That no funds made available by this or any other Act may 

3 be used to transfer the functions, missions, or activities of 

4 the Bureau of Alcohol, Tobacco, Firearms and Explosives 

5 to other agencies or Departments: Provided further, That, 

6 in the current fiscal year and any fiscal year thereafter, 

7 no funds made available by this or any other Act shall be 

8 expended to promulgate or implement any rule requiring 

9 a physical inventory of any business licensed under section 

10 923 of title 18, United States Code: Provided further, That, 

11 in the current fiscal year and any fiscal year thereafter, 

12 no funds authorized or made available under this or any 

13 other Act may be used to deny any application for a license 

14 under section 923 of title 18, United States Code, or renewal 

15 of such a license due to a lack of business activity, provided 

16 that the applicant is otherwise eligible to receive such a li17 cense, and is eligible to report business income or to claim 

18 an income tax deduction for business expenses under the 

19 Internal Revenue Code of 1986. 

20 FEDERAL PRISON SYSTEM

21 SALARIES AND EXPENSES

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses of the Federal Prison System 

24 for the administration, operation, and maintenance of Fed25 eral penal and correctional institutions, including purchase 


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1 (not to exceed 835, of which 808 are for replacement only) 

2 and hire of law enforcement and passenger motor vehicles, 

3 and for the provision of technical assistance and advice on 

4 corrections related issues to foreign governments, 

5 $6,820,217,000: Provided, That the Attorney General may 

6 transfer to the Health Resources and Services Administra7 tion such amounts as may be necessary for direct expendi8 tures by that Administration for medical relief for inmates 

9 of Federal penal and correctional institutions: Provided 

10 further, That the Director of the Federal Prison System, 

11 where necessary, may enter into contracts with a fiscal 

12 agent or fiscal intermediary claims processor to determine 

13 the amounts payable to persons who, on behalf of the Fed14 eral Prison System, furnish health services to individuals 

15 committed to the custody of the Federal Prison System: Pro16 vided further, That not to exceed $5,400 shall be available 

17 for official reception and representation expenses: Provided 

18 further, That not to exceed $50,000,000 shall remain avail19 able for necessary operations until September 30, 2014: 

20 Provided further, That, of the amounts provided for con21 tract confinement, not to exceed $20,000,000 shall remain 

22 available until expended to make payments in advance for 

23 grants, contracts and reimbursable agreements, and other 

24 expenses authorized by section 501(c) of the Refugee Edu25 cation Assistance Act of 1980 (8 U.S.C. 1522 note), for the 


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1 care and security in the United States of Cuban and Hai2 tian entrants: Provided further, That the Director of the 

3 Federal Prison System may accept donated property and 

4 services relating to the operation of the prison card program 

5 from a not-for-profit entity which has operated such pro6 gram in the past notwithstanding the fact that such not7 for-profit entity furnishes services under contracts to the 

8 Federal Prison System relating to the operation of pre-re9 lease services, halfway houses, or other custodial facilities: 

10 Provided further, That of the amount provided under this 

11 heading, not less than $99,496,000 shall be for activation 

12 of newly constructed prisons in Berlin, New Hampshire, 

13 Aliceville, Alabama, Yazoo City, Mississippi, and Hazelton, 

14 West Virginia, as requested in the Department’s fiscal year 

15 2013 budget. 

16 BUILDINGS AND FACILITIES

17 For planning, acquisition of sites and construction of 

18 new facilities; purchase and acquisition of facilities and re19 modeling, and equipping of such facilities for penal and 

20 correctional use, including all necessary expenses incident 

21 thereto, by contract or force account; and constructing, re22 modeling, and equipping necessary buildings and facilities 

23 at existing penal and correctional institutions, including 

24 all necessary expenses incident thereto, by contract or force 

25 account, $90,000,000, to remain available until expended, 


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1 of which not less than $66,965,000 shall be available only 

2 for modernization, maintenance and repair, and of which 

3 not to exceed $14,000,000 shall be available to construct 

4 areas for inmate work programs: Provided, That labor of 

5 United States prisoners may be used for work performed 

6 under this appropriation. 

7 FEDERAL PRISON INDUSTRIES, INCORPORATED

8 The Federal Prison Industries, Incorporated, is hereby 

9 authorized to make such expenditures, within the limits of 

10 funds and borrowing authority available, and in accord 

11 with the law, and to make such contracts and commitments, 

12 without regard to fiscal year limitations as provided by sec13 tion 9104 of title 31, United States Code, as may be nec14 essary in carrying out the program set forth in the budget 

15 for the current fiscal year for such corporation, including 

16 purchase (not to exceed five for replacement only) and hire 

17 of passenger motor vehicles. 

18 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

19 PRISON INDUSTRIES, INCORPORATED

20 Not to exceed $2,700,000 of the funds of the Federal 

21 Prison Industries, Incorporated shall be available for its ad22 ministrative expenses, and for services as authorized by sec23 tion 3109 of title 5, United States Code, to be computed 

24 on an accrual basis to be determined in accordance with 

25 the corporation’s current prescribed accounting system, and 


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1 such amounts shall be exclusive of depreciation, payment 

2 of claims, and expenditures which such accounting system 

3 requires to be capitalized or charged to cost of commodities 

4 acquired or produced, including selling and shipping ex5 penses, and expenses in connection with acquisition, con6 struction, operation, maintenance, improvement, protec7 tion, or disposition of facilities and other property belong8 ing to the corporation or in which it has an interest. 

9 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

10 OFFICE ON VIOLENCE AGAINST WOMEN

11 VIOLENCE AGAINST WOMEN PREVENTION AND

12 PROSECUTION PROGRAMS

13 For grants, contracts, cooperative agreements, and 

14 other assistance for the prevention and prosecution of vio15 lence against women, as authorized by the Omnibus Crime 

16 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 

17 seq.) (‘‘the 1968 Act’’); the Violent Crime Control and Law 

18 Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 

19 Act’’); the Victims of Child Abuse Act of 1990 (Public Law 

20 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies and 

21 Other Tools to end the Exploitation of Children Today Act 

22 of 2003 (Public Law 108–21); the Juvenile Justice and De23 linquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) 

24 (‘‘the 1974 Act’’); the Victims of Trafficking and Violence 

25 Protection Act of 2000 (Public Law 106–386) (‘‘the 2000 


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1 Act’’); and the Violence Against Women and Department 

2 of Justice Reauthorization Act of 2005 (Public Law 109– 

3 162) (‘‘the 2005 Act’’); and for related victims services, 

4 $416,500,000, to remain available until expended: Pro5 vided, That except as otherwise provided by law, not to ex6 ceed 5 percent of funds made available under this heading 

7 may be used for expenses related to evaluation, training, 

8 and technical assistance: Provided further, That of the 

9 amount provided— 

10 (1) $189,000,000 is for grants to combat violence 

11 against women, as authorized by part T of the 1968 

12 Act; 

13 (2) $25,000,000 is for transitional housing as14 sistance grants for victims of domestic violence, stalk15 ing or sexual assault as authorized by section 40299 

16 of the 1994 Act; 

17 (3) $3,500,000 is for the National Institute of 

18 Justice for research and evaluation of violence against 

19 women and related issues addressed by grant pro20 grams of the Office on Violence Against Women, 

21 which may be transferred to ‘‘Research, Evaluation 

22 and Statistics’’ for administration by the Office of 

23 Justice Programs; 

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1 tims of domestic violence, dating violence, sexual as2 sault, and stalking; assistance to children and youth 

3 exposed to such violence; programs to engage men and 

4 youth in preventing such violence; and assistance to 

5 middle and high school students through education 

6 and other services related to such violence: Provided, 

7 That unobligated balances available for the programs 

8 authorized by sections 41201, 41204, 41303 and 

9 41305 of the 1994 Act shall be available for this pro10 gram: Provided further, That 10 percent of the total 

11 amount available for this grant program shall be 

12 available for grants under the program authorized by 

13 section 2015 of the 1968 Act: Provided further, That 

14 the definitions and grant conditions in section 40002 

15 of the 1994 Act shall apply to this program; 

16 (5) $50,000,000 is for grants to encourage arrest 

17 policies as authorized by part U of the 1968 Act, of 

18 which $4,000,000 is for a homicide reduction initia19 tive; 

20 (6) $25,000,000 is for sexual assault victims as21 sistance, as authorized by section 41601 of the 1994 

22 Act; 

23 (7) $36,500,000 is for rural domestic violence 

24 and child abuse enforcement assistance grants, as au25 thorized by section 40295 of the 1994 Act; 


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1 (8) $9,000,000 is for grants to reduce violent 

2 crimes against women on campus, as authorized by 

3 section 304 of the 2005 Act; 

4 (9) $41,000,000 is for legal assistance for vic5 tims, as authorized by section 1201 of the 2000 Act; 

6 (10) $4,250,000 is for enhanced training and 

7 services to end violence against and abuse of women 

8 in later life, as authorized by section 40802 of the 

9 1994 Act; 

10 (11) $15,500,000 is for a grant program to sup11 port families in the justice system, including for the 

12 purposes described in the safe havens for children pro13 gram, as authorized by section 1301 of the 2000 Act, 

14 and the court training and improvements program, 

15 as authorized by section 41002 of the 1994 Act; 

16 (12) $5,750,000 is for education and training to 

17 end violence against and abuse of women with dis18 abilities, as authorized by section 1402 of the 2000 

19 Act; 

20 (13) $500,000 is for the National Resource Cen21 ter on Workplace Responses to assist victims of do22 mestic violence, as authorized by section 41501 of the 

23 1994 Act; 

24 (14) $1,000,000 is for analysis and research on 

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1 ized by section 904 of the 2005 Act, which may be 

2 transferred to ‘‘Research, Evaluation and Statistics’’ 

3 for administration by the Office of Justice Programs; 

4 and 

5 (15) $500,000 is for the Office on Violence 

6 Against Women to establish a national clearinghouse 

7 that provides training and technical assistance on 

8 issues relating to sexual assault of American Indian 

9 and Alaska Native women. 

10 OFFICE OF JUSTICE PROGRAMS

11 RESEARCH, EVALUATION AND STATISTICS

12 For grants, contracts, cooperative agreements, and 

13 other assistance authorized by title I of the Omnibus Crime 

14 Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the 

15 Juvenile Justice and Delinquency Prevention Act of 1974 

16 (‘‘the 1974 Act’’); the Missing Children’s Assistance Act (42 

17 U.S.C. 5771 et seq.); the Prosecutorial Remedies and Other 

18 Tools to end the Exploitation of Children Today Act of 2003 

19 (Public Law 108–21); the Justice for All Act of 2004 (Pub20 lic Law 108–405); the Violence Against Women and De21 partment of Justice Reauthorization Act of 2005 (Public 

22 Law 109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse 

23 Act of 1990 (Public Law 101–647); the Second Chance Act 

24 of 2007 (Public Law 110–199); the Victims of Crime Act 

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1 tection and Safety Act of 2006 (Public Law 109–248) (‘‘the 

2 Adam Walsh Act’’); the PROTECT Our Children Act of 

3 2008 (Public Law 110–401); subtitle D of title II of the 

4 Homeland Security Act of 2002 (Public Law 107–296) 

5 (‘‘the 2002 Act’’); the NICS Improvement Amendments Act 

6 of 2007 (Public Law 110–180); and other programs, 

7 $127,000,000, to remain available until expended, of 

8 which— 

9 (1) $48,000,000 is for criminal justice statistics 

10 programs, and other activities, as authorized by part 

11 C of title I of the 1968 Act, of which $36,000,000 is 

12 for the administration and redesign of the National 

13 Crime Victimization Survey; 

14 (2) $43,000,000 is for research, development, and 

15 evaluation programs, and other activities as author16 ized by part B of title I of the 1968 Act and subtitle 

17 D of title II of the 2002 Act: Provided, That of the 

18 amounts provided under this paragraph, $5,000,000 

19 is transferred directly to the National Institute of 

20 Standards and Technology’s Office of Law Enforce21 ment Standards from the National Institute of Justice 

22 for research, testing and evaluation programs; 

23 (3) $1,000,000 is for an evaluation clearinghouse 

24 program; and 


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1 (4) $35,000,000 is for regional information shar2 ing activities, as authorized by part M of title I of 

3 the 1968 Act. 

4 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

5 For grants, contracts, cooperative agreements, and 

6 other assistance authorized by the Violent Crime Control 

7 and Law Enforcement Act of 1994 (Public Law 103–322) 

8 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 

9 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All 

10 Act of 2004 (Public Law 108–405); the Victims of Child 

11 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

12 the Trafficking Victims Protection Reauthorization Act of 

13 2005 (Public Law 109–164); the Violence Against Women 

14 and Department of Justice Reauthorization Act of 2005 

15 (Public Law 109–162) (‘‘the 2005 Act’’); the Adam Walsh 

16 Child Protection and Safety Act of 2006 (Public Law 109– 

17 248) (‘‘the Adam Walsh Act’’); the Victims of Trafficking 

18 and Violence Protection Act of 2000 (Public Law 106–386); 

19 the NICS Improvement Amendments Act of 2007 (Public 

20 Law 110–180); subtitle D of title II of the Homeland Secu21 rity Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); 

22 the Second Chance Act of 2007 (Public Law 110–199); the 

23 Prioritizing Resources and Organization for Intellectual 

24 Property Act of 2008 (Public Law 110–403); the Victims 

25 of Crime Act of 1984 (Public Law 98–473); the Mentally 


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1 Ill Offender Treatment and Crime Reduction Reauthoriza2 tion and Improvement Act of 2008 (Public Law 110–416); 

3 and other programs, $1,140,418,000, to remain available 

4 until expended as follows— 

5 (1) $392,418,000 for the Edward Byrne Memo6 rial Justice Assistance Grant program as authorized 

7 by subpart 1 of part E of title I of the 1968 Act (ex8 cept that section 1001(c), and the special rules for 

9 Puerto Rico under section 505(g), of title I of the 

10 1968 Act shall not apply for purposes of this Act), of 

11 which, notwithstanding such subpart 1, $2,000,000 is 

12 for a program to improve State and local law enforce13 ment intelligence capabilities including antiterrorism 

14 training and training to ensure that constitutional 

15 rights, civil liberties, civil rights, and privacy inter16 ests are protected throughout the intelligence process, 

17 $4,000,000 is for a State, local, and tribal assistance 

18 help desk and diagnostic center program, $5,000,000 

19 is for a Preventing Violence Against Law Enforce20 ment Officer Resilience and Survivability Initiative 

21 (VALOR), $6,000,000 is for a criminal justice reform 

22 and recidivism reduction program, and $4,000,000 is 

23 for use by the National Institute of Justice for re24 search targeted toward developing a better under25 standing of the domestic radicalization phenomenon, 


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1 and advancing evidence-based strategies for effective 

2 intervention and prevention; 

3 (2) $255,000,000 for the State Criminal Alien 

4 Assistance Program, as authorized by section 

5 241(i)(5) of the Immigration and Nationality Act (8 

6 U.S.C. 1231(i)(5)): Provided, That no jurisdiction 

7 shall request compensation for any cost greater than 

8 the actual cost for Federal immigration and other de9 tainees housed in State and local detention facilities; 

10 (3) $5,000,000 for a border prosecutor initiative 

11 to reimburse State, county, parish, tribal, or munic12 ipal governments for costs associated with the pros13 ecution of criminal cases declined by local offices of 

14 the United States Attorneys; 

15 (4) $19,000,000 for competitive grants to im16 prove the functioning of the criminal justice system, 

17 to prevent or combat juvenile delinquency, and to as18 sist victims of crime (other than compensation); 

19 (5) $13,500,000 for victim services programs for 

20 victims of trafficking, as authorized by section 

21 107(b)(2) of Public Law 106–386, and for programs 

22 authorized under Public Law 109–164; 

23 (6) $41,000,000 for Drug Courts, as authorized 

24 by section 1001(a)(25)(A) of title I of the 1968 Act; 


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1 (7) $9,000,000 for mental health courts and 

2 adult and juvenile collaboration program grants, as 

3 authorized by parts V and HH of title I of the 1968 

4 Act, and the Mentally Ill Offender Treatment and 

5 Crime Reduction Reauthorization and Improvement 

6 Act of 2008 (Public Law 110–416); 

7 (8) $12,500,000 for grants for Residential Sub8 stance Abuse Treatment for State Prisoners, as au9 thorized by part S of title I of the 1968 Act; 

10 (9) $3,000,000 for the Capital Litigation Im11 provement Grant Program, as authorized by section 

12 426 of Public Law 108–405, and for grants for 

13 wrongful conviction review; 

14 (10) $9,000,000 for economic, high technology 

15 and Internet crime prevention grants, including as 

16 authorized by section 401 of Public Law 110–403; 

17 (11) $4,000,000 for a student loan repayment as18 sistance program pursuant to section 952 of Public 

19 Law 110–315; 

20 (12) $20,000,000 for implementation of the 

21 Adam Walsh Act and related activities; 

22 (13) $13,000,000 for an initiative relating to 

23 children exposed to violence; 

24 (14) $18,000,000 for an Edward Byrne Memo25 rial criminal justice innovation program; 


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1 (15) $21,500,000 for the matching grant pro2 gram for law enforcement armor vests, as authorized 

3 by section 2501 of title I of the 1968 Act: Provided, 

4 That $1,500,000 is transferred directly to the Na5 tional Institute of Standards and Technology’s Office 

6 of Law Enforcement Standards for research, testing 

7 and evaluation programs; 

8 (16) $1,000,000 for the National Sex Offender 

9 Public Website; 

10 (17) $5,000,000 for competitive and evidence11 based programs to reduce gun crime and gang vio12 lence; 

13 (18) $12,000,000 for grants to assist State and 

14 tribal governments and related activities, as author15 ized by the NICS Improvement Amendments Act of 

16 2007 (Public Law 110–180); 

17 (19) $6,000,000 for the National Criminal His18 tory Improvement Program for grants to upgrade 

19 criminal records; 

20 (20) $12,000,000 for Paul Coverdell Forensic 

21 Sciences Improvement Grants under part BB of title 

22 I of the 1968 Act; 

23 (21) $125,000,000 for DNA-related and forensic 

24 programs and activities, of which— 


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1 (A) $117,000,000 is for a DNA analysis 

2 and capacity enhancement program and for 

3 other local, State, and Federal forensic activities, 

4 including the purposes authorized under section 

5 2 of the DNA Analysis Backlog Elimination Act 

6 of 2000 (the Debbie Smith DNA Backlog Grant 

7 Program): Provided, That up to 4 percent of 

8 funds made available under this paragraph may 

9 be used for the purposes described in the DNA 

10 Training and Education for Law Enforcement, 

11 Correctional Personnel, and Court Officers pro12 gram (Public Law 108–405, section 303); 

13 (B) $4,000,000 is for the purposes described 

14 in the Kirk Bloodsworth Post-Conviction DNA 

15 Testing Program (Public Law 108–405, section 

16 412); and 

17 (C) $4,000,000 is for Sexual Assault Foren18 sic Exam Program Grants, including as author19 ized by section 304 of Public Law 108–405; 

20 (22) $6,000,000 for the court-appointed special 

21 advocate program, as authorized by section 217 of the 

22 1990 Act; 

23 (23) $38,000,000 for assistance to Indian tribes; 

24 (24) $68,750,000 for offender reentry programs 

25 and research, as authorized by the Second Chance Act 


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1 of 2007 (Public Law 110–199), of which not to exceed 

2 $5,000,000 is for a program to improve State, local, 

3 and tribal probation supervision efforts and strate4 gies; 

5 (25) $4,000,000 for a veterans treatment courts 

6 program; 

7 (26) $1,000,000 for the purposes described in the 

8 Missing Alzheimer’s Disease Patient Alert Program 

9 (section 240001 of the 1994 Act); 

10 (27) $7,000,000 for a program to monitor pre11 scription drugs and scheduled listed chemical prod12 ucts; 

13 (28) $12,500,000 for prison rape prevention and 

14 prosecution grants to States and units of local govern15 ment, and other programs, as authorized by the Pris16 on Rape Elimination Act of 2003 (Public Law 108– 

17 79); 

18 (29) $3,500,000 for emergency law enforcement 

19 assistance, as authorized by section 609M of the Jus20 tice Assistance Act of 1984 (42 U.S.C. 10513; Public 

21 Law 98–473); and 

22 (30) $2,750,000 to establish and operate a Na23 tional Center for Campus Public Safety: 

24 Provided, That, if a unit of local government uses any of 

25 the funds made available under this heading to increase the 


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1 number of law enforcement officers, the unit of local govern2 ment will achieve a net gain in the number of law enforce3 ment officers who perform non-administrative public sector 

4 safety service. 

5 JUVENILE JUSTICE PROGRAMS

6 For grants, contracts, cooperative agreements, and 

7 other assistance authorized by the Juvenile Justice and De8 linquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Om9 nibus Crime Control and Safe Streets Act of 1968 (‘‘the 

10 1968 Act’’); the Violence Against Women and Department 

11 of Justice Reauthorization Act of 2005 (Public Law 109– 

12 162) (‘‘the 2005 Act’’); the Missing Children’s Assistance 

13 Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies 

14 and Other Tools to end the Exploitation of Children Today 

15 Act of 2003 (Public Law 108–21); the Victims of Child 

16 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

17 the Adam Walsh Child Protection and Safety Act of 2006 

18 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the PRO19 TECT Our Children Act of 2008 (Public Law 110–401); 

20 and other juvenile justice programs, $279,500,000, to re21 main available until expended as follows— 

22 (1) $44,000,000 for programs authorized by sec23 tion 221 of the 1974 Act, and for training and tech24 nical assistance to assist small, nonprofit organiza25 tions with the Federal grants process: Provided, That 


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1 of the amounts provided under this paragraph, 

2 $500,000 shall be for a competitive demonstration 

3 grant program to support emergency planning among 

4 State, local and tribal juvenile justice residential fa5 cilities; 

6 (2) $90,000,000 for youth mentoring grants; 

7 (3) $20,000,000 for delinquency prevention, as 

8 authorized by section 505 of the 1974 Act, of which, 

9 pursuant to sections 261 and 262 thereof— 

10 (A) $10,000,000 shall be for the Tribal 

11 Youth Program; 

12 (B) $5,000,000 shall be for gang and youth 

13 violence education, prevention and intervention, 

14 and related activities; and 

15 (C) $5,000,000 shall be for programs and 

16 activities to enforce State laws prohibiting the 

17 sale of alcoholic beverages to minors or the pur18 chase or consumption of alcoholic beverages by 

19 minors, for prevention and reduction of con20 sumption of alcoholic beverages by minors, and 

21 for technical assistance and training; 

22 (4) $19,000,000 for programs authorized by the 

23 Victims of Child Abuse Act of 1990; 

24 (5) $25,000,000 for the Juvenile Accountability 

25 Block Grants program as authorized by part R of 


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1 title I of the 1968 Act and Guam shall be considered 

2 a State; 

3 (6) $11,000,000 for community-based violence 

4 prevention initiatives; 

5 (7) $67,000,000 for missing and exploited chil6 dren programs, including as authorized by sections 

7 404(b) and 405(a) of the 1974 Act (except that section 

8 102(b)(4)(B) of the PROTECT Our Children Act of 

9 2008 (Public Law 110–401) shall not apply for pur10 poses of this Act); 

11 (8) $1,500,000 for child abuse training programs 

12 for judicial personnel and practitioners, as authorized 

13 by section 222 of the 1990 Act; and 

14 (9) $2,000,000 for grants and technical assist15 ance in support of the National Forum on Youth Vio16 lence Prevention: 

17 Provided, That not more than 10 percent of each amount 

18 may be used for research, evaluation, and statistics activi19 ties designed to benefit the programs or activities author20 ized: Provided further, That not more than 2 percent of the 

21 amounts designated under paragraphs (1) through (6), (8) 

22 and (9) may be used for training and technical assistance: 

23 Provided further, That the previous two provisos shall not 

24 apply to grants and projects authorized by sections 261 and 

25 262 of the 1974 Act. 


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1 PUBLIC SAFETY OFFICER BENEFITS

2 For payments and expenses authorized under section 

3 1001(a)(4) of title I of the Omnibus Crime Control and Safe 

4 Streets Act of 1968, such sums as are necessary (including 

5 amounts for administrative costs), to remain available 

6 until expended; and $16,300,000 for payments authorized 

7 by section 1201(b) of such Act and for educational assist8 ance authorized by section 1218 of such Act, to remain 

9 available until expended: Provided, That notwithstanding 

10 section 205 of this Act, upon a determination by the Attor11 ney General that emergent circumstances require additional 

12 funding for such disability and education payments, the At13 torney General may transfer such amounts to ‘‘Public Safe14 ty Officer Benefits’’ from available appropriations for the 

15 Department of Justice as may be necessary to respond to 

16 such circumstances: Provided further, That any transfer 

17 pursuant to the previous proviso shall be treated as a re18 programming under section 505 of this Act and shall not 

19 be available for obligation or expenditure except in compli20 ance with the procedures set forth in that section. 

21 COMMUNITY ORIENTED POLICING SERVICES

22 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

23 For activities authorized by the Violent Crime Control 

24 and Law Enforcement Act of 1994 (Public Law 103–322); 

25 the Omnibus Crime Control and Safe Streets Act of 1968 


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1 (‘‘the 1968 Act’’); and the Violence Against Women and De2 partment of Justice Reauthorization Act of 2005 (Public 

3 Law 109–162) (‘‘the 2005 Act’’), $222,500,000, to remain 

4 available until expended: Provided, That any balances 

5 made available through prior year deobligations shall only 

6 be available in accordance with section 505 of this Act: Pro7 vided further, That of the amount provided— 

8 (1) $12,500,000 is for anti-methamphetamine-re9 lated activities, which shall be transferred to the Drug 

10 Enforcement Administration upon enactment of this 

11 Act; 

12 (2) $20,000,000 is for improving tribal law en13 forcement, including hiring, equipment, training, and 

14 anti-methamphetamine activities; and 

15 (3) $190,000,000 is for grants under section 

16 1701 of title I of the 1968 Act (42 U.S.C. 3796dd) for 

17 the hiring and rehiring of additional career law en18 forcement officers under part Q of such title notwith19 standing subsection (i) of such section: Provided, 

20 That, notwithstanding section 1704(c) of such title 

21 (42 U.S.C. 3796dd–3(c)), funding for hiring or rehir22 ing a career law enforcement officer may not exceed 

23 $125,000 unless the Director of the Office of Commu24 nity Oriented Policing Services grants a waiver from 

25 this limitation: Provided further, That within the 


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1 amounts appropriated, $15,000,000 shall be trans2 ferred to the Tribal Resources Grant Program: Pro3 vided further, That of the amounts appropriated 

4 under this paragraph, $10,000,000 is for community 

5 policing development activities in furtherance of the 

6 purposes in section 1701. 

7 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

8 SEC. 201. In addition to amounts otherwise made 

9 available in this title for official reception and representa10 tion expenses, a total of not to exceed $50,000 from funds 

11 appropriated to the Department of Justice in this title shall 

12 be available to the Attorney General for official reception 

13 and representation expenses. 

14 SEC. 202. None of the funds appropriated by this title 

15 shall be available to pay for an abortion, except where the 

16 life of the mother would be endangered if the fetus were car17 ried to term, or in the case of rape: Provided, That should 

18 this prohibition be declared unconstitutional by a court of 

19 competent jurisdiction, this section shall be null and void. 

20 SEC. 203. None of the funds appropriated under this 

21 title shall be used to require any person to perform, or fa22 cilitate in any way the performance of, any abortion. 

23 SEC. 204. Nothing in the preceding section shall re24 move the obligation of the Director of the Bureau of Prisons 

25 to provide escort services necessary for a female inmate to 


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1 receive such service outside the Federal facility: Provided, 

2 That nothing in this section in any way diminishes the 

3 effect of section 203 intended to address the philosophical 

4 beliefs of individual employees of the Bureau of Prisons. 

5 SEC. 205. Not to exceed 5 percent of any appropriation 

6 made available for the current fiscal year for the Depart7 ment of Justice in this Act may be transferred between such 

8 appropriations, but no such appropriation, except as other9 wise specifically provided, shall be increased by more than 

10 10 percent by any such transfers: Provided, That any trans11 fer pursuant to this section shall be treated as a reprogram12 ming of funds under section 505 of this Act and shall not 

13 be available for obligation except in compliance with the 

14 procedures set forth in that section. 

15 SEC. 206. The Attorney General is authorized to extend 

16 through September 30, 2014, the Personnel Management 

17 Demonstration Project transferred to the Attorney General 

18 pursuant to section 1115 of the Homeland Security Act of 

19 2002 (Public Law 107–296; 28 U.S.C. 599B) without limi20 tation on the number of employees or the positions covered. 

21 SEC. 207. Notwithstanding any other provision of law, 

22 during the current fiscal year and any fiscal year there23 after, section 102(b) of the Departments of Commerce, Jus24 tice, and State, the Judiciary, and Related Agencies Appro25 priations Act, 1993 (Public Law 102–395) shall extend to 


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1 the Bureau of Alcohol, Tobacco, Firearms and Explosives 

2 in the conduct of undercover investigative operations and 

3 shall apply with respect to any undercover investigative op4 eration by the Bureau of Alcohol, Tobacco, Firearms and 

5 Explosives that is necessary for the detection and prosecu6 tion of crimes against the United States. 

7 SEC. 208. None of the funds made available to the De8 partment of Justice in this Act may be used for the purpose 

9 of transporting an individual who is a prisoner pursuant 

10 to conviction for crime under State or Federal law and is 

11 classified as a maximum or high security prisoner, other 

12 than to a prison or other facility certified by the Federal 

13 Bureau of Prisons as appropriately secure for housing such 

14 a prisoner. 

15 SEC. 209. (a) None of the funds appropriated by this 

16 Act may be used by Federal prisons to purchase cable tele17 vision services, or to rent or purchase audiovisual or elec18 tronic media or equipment used primarily for recreational 

19 purposes. 

20 (b) Subsection (a) does not preclude the rental, mainte21 nance, or purchase of audiovisual or electronic media or 

22 equipment for inmate training, religious, or educational 

23 programs. 

24 SEC. 210. None of the funds made available under this 

25 title shall be obligated or expended for any new or enhanced 


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1 information technology program having total estimated de2 velopment costs in excess of $100,000,000, unless the Deputy 

3 Attorney General and the investment review board certify 

4 to the Committees on Appropriations of the House of Rep5 resentatives and the Senate that the information technology 

6 program has appropriate program management controls 

7 and contractor oversight mechanisms in place, and that the 

8 program is compatible with the enterprise architecture of 

9 the Department of Justice. 

10 SEC. 211. The notification thresholds and procedures 

11 set forth in section 505 of this Act shall apply to deviations 

12 from the amounts designated for specific activities in this 

13 Act and accompanying statement, and to any use of 

14 deobligated balances of funds provided under this title in 

15 previous years. 

16 SEC. 212. None of the funds appropriated by this Act 

17 may be used to plan for, begin, continue, finish, process, 

18 or approve a public-private competition under the Office 

19 of Management and Budget Circular A–76 or any successor 

20 administrative regulation, directive, or policy for work per21 formed by employees of the Bureau of Prisons or of Federal 

22 Prison Industries, Incorporated. 

23 SEC. 213. Notwithstanding any other provision of law, 

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1 tional responsibilities by the Attorney General or his des2 ignee that exempt that United States Attorney from the 

3 residency requirements of section 545 of title 28, United 

4 States Code. 

5 SEC. 214. At the discretion of the Attorney General, 

6 and in addition to any amounts that otherwise may be 

7 available (or authorized to be made available) by law, with 

8 respect to funds appropriated by this title under the head9 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and 

10 Local Law Enforcement Assistance’’, and ‘‘Juvenile Justice 

11 Programs’’— 

12 (1) up to 3 percent of funds made available to 

13 the Office of Justice Programs for grant or reimburse14 ment programs may be used by such Office to provide 

15 training and technical assistance; and 

16 (2) up to 2 percent of funds made available for 

17 grant or reimbursement programs under such head18 ings, except for amounts appropriated specifically for 

19 research, evaluation, or statistical programs adminis20 tered by the National Institute of Justice and the Bu21 reau of Justice Statistics, shall be transferred to and 

22 merged with funds provided to the National Institute 

23 of Justice and the Bureau of Justice Statistics, to be 

24 used by them for research, evaluation or statistical 

25 purposes, without regard to the authorizations for 


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1 such grant or reimbursement programs, and of such 

2 amounts, $1,300,000 shall be transferred to the Bu3 reau of Prisons for Federal inmate research and eval4 uation purposes. 

5 SEC. 215. Upon request by a grantee for whom the At6 torney General has determined there is a fiscal hardship, 

7 the Attorney General may, with respect to funds appro8 priated by this or any other Act making appropriations 

9 for fiscal years 2010 through 2013 for the following pro10 grams, waive the following requirements: 

11 (1) For the Adult and Juvenile Offender State 

12 and Local Reentry Demonstration Projects under 

13 part FF of title I of the Omnibus Crime Control and 

14 Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1)), the 

15 requirements under section 2976(g)(1) of such part. 

16 (2) For State, Tribal, and Local Reentry Courts 

17 under part FF of title I of such Act of 1968 (42 

18 U.S.C. 3797w–2(e)(1) and (2)), the requirements 

19 under section 2978(e)(1) and (2) of such part. 

20 (3) For the Prosecution Drug Treatment Alter21 natives to Prison Program under part CC of title I 

22 of such Act of 1968 (42 U.S.C. 3797q–3), the require23 ments under section 2904 of such part. 

24 (4) For Grants to Protect Inmates and Safe25 guard Communities under the Prison Rape ElimiVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00410 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 nation Act of 2003 (42 U.S.C. 15605(c)(3)), the re2 quirements of section 6(c)(3) of such Act. 

3 SEC. 216. Notwithstanding any other provision of law, 

4 section 20109(a) of subtitle A of title II of the Violent Crime 

5 Control and Law Enforcement Act of 1994 (42 U.S.C. 

6 13709(a)) shall not apply to amounts made available by 

7 this or any other Act. 

8 SEC. 217. None of the funds made available under this 

9 Act, other than for the national instant criminal back10 ground check system established under section 103 of the 

11 Brady Handgun Violence Prevention Act (18 U.S.C. 922 

12 note), may be used by a Federal law enforcement officer 

13 to facilitate the transfer of an operable firearm to an indi14 vidual if the Federal law enforcement officer knows or sus15 pects that the individual is an agent of a drug cartel, unless 

16 law enforcement personnel of the United States continu17 ously monitor or control the firearm at all times. 

18 SEC. 218. (a) None of the income retained in the De19 partment of Justice Working Capital Fund pursuant to 

20 title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 

21 527 note) shall be available for obligation during fiscal year 

22 2013. 

23 (b) Not to exceed $30,000,000 of the unobligated bal24 ances transferred to the capital account of the Department 

25 of Justice Working Capital Fund pursuant to title I of PubVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00411 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 lic Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall 

2 be available for obligation in fiscal year 2013, and any use, 

3 obligation, transfer or allocation of such funds shall be 

4 treated as a reprogramming of funds under section 505 of 

5 this Act. 

6 (c) Not to exceed $10,000,000 of the excess unobligated 

7 balances available under section 524(c)(8)(E) of title 28, 

8 United States Code, shall be available for obligation during 

9 fiscal year 2013, and any use, obligation, transfer or alloca10 tion of such funds shall be treated as a reprogramming of 

11 funds under section 505 of this Act. 

12 (d) Of amounts available in the Assets Forfeiture Fund 

13 in fiscal year 2013, $154,700,000 shall be for payments as14 sociated with joint law enforcement operations as author15 ized by section 524(c)(1)(I) of title 28, United States Code. 

16 (e) The Attorney General shall submit a spending plan 

17 to the Committees on Appropriations of the House of Rep18 resentatives and the Senate not later than 45 days after 

19 the date of enactment of this Act detailing the planned dis20 tribution of Assets Forfeiture Fund joint law enforcement 

21 operations funding during fiscal year 2013. 

22 (f) Subsections (a) through (d) of this section shall sun23 set on September 30, 2013. 

24 This title may be cited as the ‘‘Department of Justice 

25 Appropriations Act, 2013’’. 


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1 TITLE III 

2 SCIENCE 

3 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

4 For necessary expenses of the Office of Science and 

5 Technology Policy, in carrying out the purposes of the Na6 tional Science and Technology Policy, Organization, and 

7 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of pas8 senger motor vehicles, and services as authorized by section 

9 3109 of title 5, United States Code, not to exceed $2,250 

10 for official reception and representation expenses, and rent11 al of conference rooms in the District of Columbia, 

12 $5,850,000. 

13 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 SCIENCE

15 For necessary expenses, not otherwise provided for, in 

16 the conduct and support of science research and develop17 ment activities, including research, development, oper18 ations, support, and services; maintenance and repair, fa19 cility planning and design; space flight, spacecraft control, 

20 and communications activities; program management; per21 sonnel and related costs, including uniforms or allowances 

22 therefor, as authorized by sections 5901 and 5902 of title 

23 5, United States Code; travel expenses; purchase and hire 

24 of passenger motor vehicles; and purchase, lease, charter, 

25 maintenance, and operation of mission and administrative 


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1 aircraft, $5,144,000,000, to remain available until Sep2 tember 30, 2014, of which up to $14,500,000 shall be avail3 able for a reimbursable agreement with the Department of 

4 Energy for the purpose of re-establishing facilities to 

5 produce fuel required for radioisotope thermoelectric genera6 tors to enable future missions: Provided, That $75,000,000 

7 shall be for pre-formulation and/or formulation activities 

8 for a mission that meets the science goals outlined for the 

9 Jupiter Europa mission in the most recent planetary 

10 science decadal survey: Provided further, That the formula11 tion and development costs (with development cost as de12 fined under section 30104 of title 51, United States Code) 

13 for the James Webb Space Telescope shall not exceed 

14 $8,000,000,000: Provided further, That should the indi15 vidual identified under subsection (c)(2)(E) of section 

16 30104 of title 51, United States Code, as responsible for the 

17 James Webb Space Telescope determine that the develop18 ment cost of the program is likely to exceed that limitation, 

19 the individual shall immediately notify the Administrator 

20 and the increase shall be treated as if it meets the 30 percent 

21 threshold described in subsection (f) of section 30104. 

22 AERONAUTICS

23 For necessary expenses, not otherwise provided for, in 

24 the conduct and support of aeronautics research and devel25 opment activities, including research, development, operVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 ations, support, and services; maintenance and repair, fa2 cility planning and design; space flight, spacecraft control, 

3 and communications activities; program management; per4 sonnel and related costs, including uniforms or allowances 

5 therefor, as authorized by sections 5901 and 5902 of title 

6 5, United States Code; travel expenses; purchase and hire 

7 of passenger motor vehicles; and purchase, lease, charter, 

8 maintenance, and operation of mission and administrative 

9 aircraft, $570,000,000, to remain available until September 

10 30, 2014. 

11 SPACE TECHNOLOGY

12 For necessary expenses, not otherwise provided for, in 

13 the conduct and support of space research and technology 

14 development activities, including research, development, op15 erations, support, and services; maintenance and repair, fa16 cility planning and design; space flight, spacecraft control, 

17 and communications activities; program management; per18 sonnel and related costs, including uniforms or allowances 

19 therefor, as authorized by sections 5901 and 5902 of title 

20 5, United States Code; travel expenses; purchase and hire 

21 of passenger motor vehicles; and purchase, lease, charter, 

22 maintenance, and operation of mission and administrative 

23 aircraft, $642,000,000, to remain available until September 

24 30, 2014. 


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1 EXPLORATION

2 For necessary expenses, not otherwise provided for, in 

3 the conduct and support of exploration research and devel4 opment activities, including research, development, oper5 ations, support, and services; maintenance and repair, fa6 cility planning and design; space flight, spacecraft control, 

7 and communications activities; program management; per8 sonnel and related costs, including uniforms or allowances 

9 therefor, as authorized by sections 5901 and 5902 of title 

10 5, United States Code; travel expenses; purchase and hire 

11 of passenger motor vehicles; and purchase, lease, charter, 

12 maintenance, and operation of mission and administrative 

13 aircraft, $3,887,000,000, to remain available until Sep14 tember 30, 2014: Provided, That not less than 

15 $1,197,000,000 shall be for the Orion Multi-Purpose Crew 

16 Vehicle: Provided further, That not less than $1,857,000,000 

17 shall be for the Space Launch System, which shall have a 

18 lift capability not less than 130 tons and which shall have 

19 an upper stage and other core elements developed simulta20 neously: Provided further, That of the funds made available 

21 for the Space Launch System, $1,454,200,000 shall be for 

22 launch vehicle development and $402,800,000 shall be for 

23 exploration ground systems: Provided further, That funds 

24 made available for the Orion Multi-Purpose Crew Vehicle 

25 and Space Launch System are in addition to funds proVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 vided for these programs under the ‘‘Construction and En2 vironmental Compliance and Restoration’’ heading: Pro3 vided further, That $525,000,000 shall be for commercial 

4 spaceflight activities: Provided further, That $308,000,000 

5 shall be for exploration research and development. 

6 SPACE OPERATIONS

7 For necessary expenses, not otherwise provided for, in 

8 the conduct and support of space operations research and 

9 development activities, including research, development, op10 erations, support and services; space flight, spacecraft con11 trol and communications activities, including operations, 

12 production, and services; maintenance and repair, facility 

13 planning and design; program management; personnel and 

14 related costs, including uniforms or allowances therefor, as 

15 authorized by sections 5901 and 5902 of title 5, United 

16 States Code; travel expenses; purchase and hire of passenger 

17 motor vehicles; and purchase, lease, charter, maintenance 

18 and operation of mission and administrative aircraft, 

19 $3,953,000,000, to remain available until September 30, 

20 2014. 

21 EDUCATION

22 For necessary expenses, not otherwise provided for, in 

23 carrying out aerospace and aeronautical education research 

24 and development activities, including research, develop25 ment, operations, support, and services; program manageVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 ment; personnel and related costs, including uniforms or 

2 allowances therefor, as authorized by sections 5901 and 

3 5902 of title 5, United States Code; travel expenses; pur4 chase and hire of passenger motor vehicles; and purchase, 

5 lease, charter, maintenance, and operation of mission and 

6 administrative aircraft, $125,000,000, to remain available 

7 until September 30, 2014, of which $18,000,000 shall be for 

8 the Experimental Program to Stimulate Competitive Re9 search and $40,000,000 shall be for the National Space 

10 Grant College program. 

11 CROSS AGENCY SUPPORT

12 For necessary expenses, not otherwise provided for, in 

13 the conduct and support of science, aeronautics, explo14 ration, space operations and education research and devel15 opment activities, including research, development, oper16 ations, support, and services; maintenance and repair, fa17 cility planning and design; space flight, spacecraft control, 

18 and communications activities; program management; per19 sonnel and related costs, including uniforms or allowances 

20 therefor, as authorized by sections 5901 and 5902 of title 

21 5, United States Code; travel expenses; purchase and hire 

22 of passenger motor vehicles; not to exceed $63,000 for offi23 cial reception and representation expenses; and purchase, 

24 lease, charter, maintenance, and operation of mission and 

25 administrative aircraft, $2,823,000,000, to remain availVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 able until September 30, 2014: Provided, That not less than 

2 $39,100,000 shall be available for independent verification 

3 and validation activities. 

4 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

5 RESTORATION

6 For necessary expenses for construction of facilities in7 cluding repair, rehabilitation, revitalization, and modifica8 tion of facilities, construction of new facilities and addi9 tions to existing facilities, facility planning and design, 

10 and restoration, and acquisition or condemnation of real 

11 property, as authorized by law, and environmental compli12 ance and restoration, $680,000,000, to remain available 

13 until September 30, 2018: Provided, That hereafter, not14 withstanding section 315 of the National Aeronautics and 

15 Space Act of 1958 (51 U.S.C. 20145), all proceeds from 

16 leases entered into under that section shall be deposited into 

17 this account: Provided further, That such proceeds shall be 

18 available for a period of 5 years to the extent and in 

19 amounts as provided in annual appropriations Acts: Pro20 vided further, That such proceeds referred to in the two pre21 ceding provisos shall be available for obligation for fiscal 

22 year 2013 in an amount not to exceed $3,791,000: Provided 

23 further, That each annual budget request shall include an 

24 annual estimate of gross receipts and collections and pro25 posed use of all funds collected pursuant to section 315 of 


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1 the National Aeronautics and Space Act of 1958 (51 U.S.C. 

2 20145). 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector Gen5 eral in carrying out the Inspector General Act of 1978, 

6 $38,000,000, of which $500,000 shall remain available until 

7 September 30, 2014. 

8 ADMINISTRATIVE PROVISIONS

9 Funds for announced prizes otherwise authorized shall 

10 remain available, without fiscal year limitation, until the 

11 prize is claimed or the offer is withdrawn. 

12 Not to exceed 5 percent of any appropriation made 

13 available for the current fiscal year for the National Aero14 nautics and Space Administration in this Act may be 

15 transferred between such appropriations, but no such ap16 propriation, except as otherwise specifically provided, shall 

17 be increased by more than 10 percent by any such transfers. 

18 Balances so transferred shall be merged with and available 

19 for the same purposes and the same time period as the ap20 propriations to which transferred. Any transfer pursuant 

21 to this provision shall be treated as a reprogramming of 

22 funds under section 505 of this Act and shall not be avail23 able for obligation except in compliance with the procedures 

24 set forth in that section. 


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1 The spending plan required by this Act shall be pro2 vided by NASA at the theme, program, project and activity 

3 level. The spending plan, as well as any subsequent change 

4 of an amount established in that spending plan that meets 

5 the notification requirements of section 505 of this Act, shall 

6 be treated as a reprogramming under section 505 of this 

7 Act and shall not be available for obligation or expenditure 

8 except in compliance with the procedures set forth in that 

9 section. 

10 Section 30102(c) of title 51, United States Code, is 

11 amended— 

12 (1) in paragraph (2) by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph (3) by striking the period at 

15 the end inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(4) refunds or rebates received on an on-going 

18 basis from a credit card services provider under the 

19 National Aeronautics and Space Administration’s 

20 credit card programs.’’. 

21 NATIONAL SCIENCE FOUNDATION

22 RESEARCH AND RELATED ACTIVITIES

23 For necessary expenses in carrying out the National 

24 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), 

25 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services 


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1 as authorized by section 3109 of title 5, United States Code; 

2 maintenance and operation of aircraft and purchase of 

3 flight services for research support; acquisition of aircraft; 

4 and authorized travel; $5,983,280,000, to remain available 

5 until September 30, 2014, of which not to exceed 

6 $500,000,000 shall remain available until expended for 

7 polar research and operations support, and for reimburse8 ment to other Federal agencies for operational and science 

9 support and logistical and other related activities for the 

10 United States Antarctic program: Provided, That receipts 

11 for scientific support services and materials furnished by 

12 the National Research Centers and other National Science 

13 Foundation supported research facilities may be credited to 

14 this appropriation: Provided further, That not less than 

15 $158,190,000 shall be available for activities authorized by 

16 section 7002(c)(2)(A)(iv) of Public Law 110–69. 

17 MAJOR RESEARCH EQUIPMENT AND FACILITIES

18 CONSTRUCTION

19 For necessary expenses for the acquisition, construc20 tion, commissioning, and upgrading of major research 

21 equipment, facilities, and other such capital assets pursuant 

22 to the National Science Foundation Act of 1950 (42 U.S.C. 

23 1861 et seq.), including authorized travel, $196,170,000, to 

24 remain available until expended: Provided, That none of 

25 the funds may be used to reimburse the Judgment Fund 


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1 established under section 1304 of title 31, United States 

2 Code. 

3 EDUCATION AND HUMAN RESOURCES

4 For necessary expenses in carrying out science, mathe5 matics and engineering education and human resources 

6 programs and activities pursuant to the National Science 

7 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including 

8 services as authorized by section 3109 of title 5, United 

9 States Code, authorized travel, and rental of conference 

10 rooms in the District of Columbia, $895,610,000, to remain 

11 available until September 30, 2014: Provided, That not less 

12 than $54,890,000 shall be available until expended for ac13 tivities authorized by section 7030 of Public Law 110–69. 

14 AGENCY OPERATIONS AND AWARD MANAGEMENT

15 For agency operations and award management nec16 essary in carrying out the National Science Foundation Act 

17 of 1950 (42 U.S.C. 1861 et seq.); services authorized by sec18 tion 3109 of title 5, United States Code; hire of passenger 

19 motor vehicles; uniforms or allowances therefor, as author20 ized by sections 5901 and 5902 of title 5, United States 

21 Code; rental of conference rooms in the District of Colum22 bia; and reimbursement of the Department of Homeland Se23 curity for security guard services; $299,400,000: Provided, 

24 That not to exceed $8,280 is for official reception and rep25 resentation expenses: Provided further, That contracts may 


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1 be entered into under this heading in fiscal year 2013 for 

2 maintenance and operation of facilities and for other serv3 ices to be provided during the next fiscal year. 

4 OFFICE OF THE NATIONAL SCIENCE BOARD

5 For necessary expenses (including payment of salaries, 

6 authorized travel, hire of passenger motor vehicles, the rent7 al of conference rooms in the District of Columbia, and the 

8 employment of experts and consultants under section 3109 

9 of title 5, United States Code) involved in carrying out sec10 tion 4 of the National Science Foundation Act of 1950 (42 

11 U.S.C. 1863) and Public Law 86–209 (42 U.S.C. 1880 et 

12 seq.), $4,440,000: Provided, That not to exceed $2,500 shall 

13 be available for official reception and representation ex14 penses. 

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector Gen17 eral as authorized by the Inspector General Act of 1978, 

18 $14,200,000, of which $400,000 shall remain available until 

19 September 30, 2014. 

20 ADMINISTRATIVE PROVISION

21 Not to exceed 5 percent of any appropriation made 

22 available for the current fiscal year for the National Science 

23 Foundation in this Act may be transferred between such 

24 appropriations, but no such appropriation shall be in25 creased by more than 15 percent by any such transfers. Any 


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1 transfer pursuant to this section shall be treated as a re2 programming of funds under section 505 of this Act and 

3 shall not be available for obligation except in compliance 

4 with the procedures set forth in that section. 

5 This title may be cited as the ‘‘Science Appropriations 

6 Act, 2013’’. 

7 TITLE IV 

8 RELATED AGENCIES 

9 COMMISSION ON CIVIL RIGHTS

10 SALARIES AND EXPENSES

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of the Commission on Civil 

13 Rights, including hire of passenger motor vehicles, 

14 $9,400,000: Provided, That none of the funds appropriated 

15 in this paragraph shall be used to employ in excess of four 

16 full-time individuals under Schedule C of the Excepted 

17 Service exclusive of one special assistant for each Commis18 sioner: Provided further, That none of the funds appro19 priated in this paragraph shall be used to reimburse Com20 missioners for more than 75 billable days, with the excep21 tion of the chairperson, who is permitted 125 billable days: 

22 Provided further, That none of the funds appropriated in 

23 this paragraph shall be used for any activity or expense 

24 that is not explicitly authorized by section 3 of the Civil 

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1 vided further, That there shall be an Inspector General at 

2 the Commission on Civil Rights who shall have the duties, 

3 responsibilities, and authorities specified in the Inspector 

4 General Act of 1978: Provided further, That an individual 

5 appointed to the position of Inspector General of the Gov6 ernment Accountability Office (GAO) shall, by virtue of 

7 such appointment, also hold the position of Inspector Gen8 eral of the Commission on Civil Rights: Provided further, 

9 That the Inspector General of the Commission on Civil 

10 Rights shall utilize personnel of the Office of Inspector Gen11 eral of GAO in performing the duties of the Inspector Gen12 eral of the Commission on Civil Rights, and shall not ap13 point any individuals to positions within the Commission 

14 on Civil Rights: Provided further, That the Inspector Gen15 eral may waive any statutorily required reporting require16 ment (with the exception of the semiannual report required 

17 by section 5 of the Inspector General Act of 1978) upon 

18 a certification to the Committees on Appropriations of the 

19 House of Representatives and the Senate that such report 

20 is not necessary for effective oversight of the Commission: 

21 Provided further, That of the amounts made available in 

22 this paragraph, $450,000 shall be transferred directly to the 

23 Office of Inspector General of GAO upon enactment of this 

24 Act for salaries and expenses necessary to carry out the duVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00426 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 ties of the Inspector General of the Commission on Civil 

2 Rights. 

3 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Equal Employment Op6 portunity Commission as authorized by title VII of the 

7 Civil Rights Act of 1964, the Age Discrimination in Em8 ployment Act of 1967, the Equal Pay Act of 1963, the Amer9 icans with Disabilities Act of 1990, the Civil Rights Act 

10 of 1991, the Genetic Information Non-Discrimination Act 

11 (GINA) of 2008 (Public Law 110–233), the ADA Amend12 ments Act of 2008 (Public Law 110–325), and the Lilly 

13 Ledbetter Fair Pay Act of 2009 (Public Law 111–2), in14 cluding services as authorized by section 3109 of title 5, 

15 United States Code; hire of passenger motor vehicles as au16 thorized by section 1343(b) of title 31, United States Code; 

17 nonmonetary awards to private citizens; and up to 

18 $29,500,000 for payments to State and local enforcement 

19 agencies for authorized services to the Commission, 

20 $370,000,000: Provided, That the Commission is authorized 

21 to make available for official reception and representation 

22 expenses not to exceed $2,250 from available funds: Pro23 vided further, That the Commission may take no action to 

24 implement any workforce repositioning, restructuring, or 

25 reorganization until such time as the Committees on ApproVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 priations of the House of Representatives and the Senate 

2 have been notified of such proposals, in accordance with the 

3 reprogramming requirements of section 505 of this Act: Pro4 vided further, That the Chair is authorized to accept and 

5 use any gift or donation to carry out the work of the Com6 mission. 

7 INTERNATIONAL TRADE COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses of the International Trade 

10 Commission, including hire of passenger motor vehicles, 

11 and services as authorized by section 3109 of title 5, United 

12 States Code, and not to exceed $2,250 for official reception 

13 and representation expenses, $83,000,000, to remain avail14 able until expended. 

15 LEGAL SERVICES CORPORATION

16 PAYMENT TO THE LEGAL SERVICES CORPORATION

17 For payment to the Legal Services Corporation to 

18 carry out the purposes of the Legal Services Corporation 

19 Act of 1974, $365,000,000, of which $339,400,000 is for 

20 basic field programs and required independent audits; 

21 $4,200,000 is for the Office of Inspector General, of which 

22 such amounts as may be necessary may be used to conduct 

23 additional audits of recipients; $17,000,000 is for manage24 ment and grants oversight; $3,400,000 is for client self-help 

25 and information technology; and $1,000,000 is for loan reVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00428 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 payment assistance: Provided, That the Legal Services Cor2 poration may continue to provide locality pay to officers 

3 and employees at a rate no greater than that provided by 

4 the Federal Government to Washington, DC-based employ5 ees as authorized by section 5304 of title 5, United States 

6 Code, notwithstanding section 1005(d) of the Legal Services 

7 Corporation Act (42 U.S.C. 2996(d)): Provided further, 

8 That the authorities provided in section 205 of this Act shall 

9 be applicable to the Legal Services Corporation: Provided 

10 further, That, for the purposes of section 505 of this divi11 sion, and section 3003 of division G, the Legal Services Cor12 poration shall be considered an agency of the United States 

13 Government. 

14 ADMINISTRATIVE PROVISIONS—LEGAL SERVICES

15 CORPORATION

16 None of the funds appropriated in this Act to the Legal 

17 Services Corporation shall be expended for any purpose pro18 hibited or limited by, or contrary to any of the provisions 

19 of, sections 501, 502, 503, 504, 505, and 506 of Public Law 

20 105–119, and all funds appropriated in this Act to the 

21 Legal Services Corporation shall be subject to the same 

22 terms and conditions set forth in such sections, except that 

23 all references in sections 502 and 503 to 1997 and 1998 

24 shall be deemed to refer instead to 2012 and 2013, respec25 tively. 


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1 Section 501(a)(2)(A) of the Departments of Commerce, 

2 Justice, and State, the Judiciary, and Related Agencies Ap3 propriations Act, 1996 (Public Law 104–134) is amended 

4 by striking ‘‘on the basis of the most recent decennial census 

5 of population conducted pursuant to section 141 of title 13, 

6 United States Code’’ and inserting ‘‘triennially by the Bu7 reau of the Census, except that, with respect to fiscal year 

8 2013, the change in allocation resulting from the amend9 ment made to this subparagraph by the Commerce, Justice, 

10 Science, and Related Agencies Appropriations Act, 2013 

11 shall only be half of the change which would otherwise result 

12 from that amendment in order to phase in the change over 

13 a 2 year period’’. 

14 MARINE MAMMAL COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Marine Mammal Com17 mission as authorized by title II of the Marine Mammal 

18 Protection Act of 1972 (16 U.S.C. 1361 et seq.), $3,081,000. 

19 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of the United 

22 States Trade Representative, including the hire of passenger 

23 motor vehicles and the employment of experts and consult24 ants as authorized by section 3109 of title 5, United States 

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1 able until expended: Provided, That not to exceed $111,600 

2 shall be available for official reception and representation 

3 expenses. 

4 STATE JUSTICE INSTITUTE

5 SALARIES AND EXPENSES

6 For necessary expenses of the State Justice Institute, 

7 as authorized by the State Justice Institute Authorization 

8 Act of 1984 (42 U.S.C. 10701 et seq.) $5,121,000, of which 

9 $500,000 shall remain available until September 30, 2014: 

10 Provided, That not to exceed $2,250 shall be available for 

11 official reception and representation expenses: Provided fur12 ther, That, for the purposes of section 505 of this Act, the 

13 State Justice Institute shall be considered an agency of the 

14 United States Government. 

15 TITLE V 

16 GENERAL PROVISIONS 

17 (INCLUDING RESCISSIONS)

18 SEC. 501. No part of any appropriation contained in 

19 this Act shall be used for publicity or propaganda purposes 

20 not authorized by the Congress. 

21 SEC. 502. No part of any appropriation contained in 

22 this Act shall remain available for obligation beyond the 

23 current fiscal year unless expressly so provided herein. 

24 SEC. 503. The expenditure of any appropriation under 

25 this Act for any consulting service through procurement 


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1 contract, pursuant to section 3109 of title 5, United States 

2 Code, shall be limited to those contracts where such expendi3 tures are a matter of public record and available for public 

4 inspection, except where otherwise provided under existing 

5 law, or under existing Executive order issued pursuant to 

6 existing law. 

7 SEC. 504. If any provision of this Act or the applica8 tion of such provision to any person or circumstances shall 

9 be held invalid, the remainder of the Act and the applica10 tion of each provision to persons or circumstances other 

11 than those as to which it is held invalid shall not be affected 

12 thereby. 

13 SEC. 505. (a) Subject to subsections (b) and (c), none 

14 of the funds provided under this Act, or provided under pre15 vious appropriations Acts to the agencies funded by this 

16 Act that remain available for obligation or expenditure in 

17 fiscal year 2013, or provided from any accounts in the 

18 Treasury of the United States derived by the collection of 

19 fees available to the agencies funded by this Act, shall be 

20 available for obligation or expenditure through a re21 programming of funds that: (1) creates or initiates a new 

22 program, project or activity; (2) eliminates a program, 

23 project or activity; (3) increases funds or personnel by any 

24 means for any project or activity for which funds have been 

25 denied or restricted; (4) relocates an office or employees; (5) 


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1 reorganizes or renames offices, programs or activities; (6) 

2 contracts out or privatizes any functions or activities pres3 ently performed by Federal employees; (7) augments exist4 ing programs, projects or activities in excess of $500,000 

5 or 10 percent, whichever is less, or reduces by 10 percent 

6 funding for any program, project or activity, or numbers 

7 of personnel by 10 percent; or (8) results from any general 

8 savings, including savings from a reduction in personnel, 

9 which would result in a change in existing programs, 

10 projects or activities as approved by Congress; unless the 

11 House and Senate Committees on Appropriations are noti12 fied 15 days in advance of such reprogramming of funds. 

13 (b) None of the funds provided under this Act to any 

14 agency of the Department of Justice, or provided under pre15 vious appropriations Acts to any agency of the Department 

16 of Justice that remain available for obligation or expendi17 ture in fiscal year 2013, or provided from any accounts 

18 in the Treasury of the United States derived by the collec19 tion of fees available to the agencies funded by this Act, 

20 shall be available for obligation or expenditure through a 

21 reprogramming of funds that: (1) creates or initiates a new 

22 program, project or activity; (2) eliminates a program, 

23 project or activity; (3) increases funds or personnel by any 

24 means for any project or activity for which funds have been 

25 denied or restricted; (4) relocates an office or employees; (5) 


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1 reorganizes or renames offices, programs or activities; (6) 

2 contracts out or privatizes any functions or activities pres3 ently performed by Federal employees; (7) augments exist4 ing programs, projects or activities in excess of $500,000 

5 or 10 percent, whichever is less, or reduces by 10 percent 

6 funding for any program, project or activity, or numbers 

7 of personnel by 10 percent; or (8) results from any general 

8 savings, including savings from a reduction in personnel, 

9 which would result in a change in existing programs, 

10 projects or activities as approved by Congress; unless the 

11 House and Senate Committees on Appropriations are noti12 fied 45 days in advance of such reprogramming of funds. 

13 (c) Subsection (b) of this section shall sunset on Sep14 tember 30, 2013. 

15 SEC. 506. (a) If it has been finally determined by a 

16 court or Federal agency that any person intentionally af17 fixed a label bearing a ‘‘Made in America’’ inscription, or 

18 any inscription with the same meaning, to any product sold 

19 in or shipped to the United States that is not made in the 

20 United States, the person shall be ineligible to receive any 

21 contract or subcontract made with funds made available in 

22 this Act, pursuant to the debarment, suspension, and ineli23 gibility procedures described in sections 9.400 through 

24 9.409 of title 48, Code of Federal Regulations. 


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1 (b)(1) To the extent practicable, with respect to author2 ized purchases of promotional items, funds made available 

3 by this Act shall be used to purchase items that are manu4 factured, produced, or assembled in the United States, its 

5 territories, or its possessions. 

6 (2) The term ‘‘promotional items’’ has the meaning 

7 given the term in OMB Circular A–87, Attachment B, Item 

8 (1)(f)(3). 

9 SEC. 507. (a) The Departments of Commerce and Jus10 tice, the National Science Foundation, and the National 

11 Aeronautics and Space Administration shall provide to the 

12 Committees on Appropriations of the House of Representa13 tives and the Senate a quarterly report on the status of bal14 ances of appropriations at the account level. For unobli15 gated, uncommitted balances and unobligated, committed 

16 balances the quarterly reports shall separately identify the 

17 amounts attributable to each source year of appropriation 

18 from which the balances were derived. For balances that are 

19 obligated, but unexpended, the quarterly reports shall sepa20 rately identify amounts by the year of obligation. 

21 (b) The report described in subsection (a) shall be sub22 mitted within 30 days of the end of the first quarter of fiscal 

23 year 2013, and subsequent reports shall be submitted within 

24 30 days of the end of each quarter thereafter. 


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1 (c) If a department or agency is unable to fulfill any 

2 aspect of a reporting requirement described in subsection 

3 (a) due to a limitation of a current accounting system, the 

4 department or agency shall fulfill such aspect to the max5 imum extent practicable under such accounting system and 

6 shall identify and describe in each quarterly report the ex7 tent to which such aspect is not fulfilled. 

8 SEC. 508. Any costs incurred by a department or agen9 cy funded under this Act resulting from, or to prevent, per10 sonnel actions taken in response to funding reductions in11 cluded in this Act shall be absorbed within the total budg12 etary resources available to such department or agency: 

13 Provided, That the authority to transfer funds between ap14 propriations accounts as may be necessary to carry out this 

15 section is provided in addition to authorities included else16 where in this Act: Provided further, That use of funds to 

17 carry out this section shall be treated as a reprogramming 

18 of funds under section 505 of this Act and shall not be avail19 able for obligation or expenditure except in compliance with 

20 the procedures set forth in that section. 

21 SEC. 509. None of the funds provided by this Act shall 

22 be available to promote the sale or export of tobacco or to23 bacco products, or to seek the reduction or removal by any 

24 foreign country of restrictions on the marketing of tobacco 

25 or tobacco products, except for restrictions which are not 


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1 applied equally to all tobacco or tobacco products of the 

2 same type. 

3 SEC. 510. Notwithstanding any other provision of law, 

4 amounts deposited or available in the Fund established by 

5 section 1402 of chapter XIV of title II of Public Law 98– 

6 473 (42 U.S.C. 10601) in any fiscal year in excess of 

7 $730,000,000 shall not be available for obligation until the 

8 following fiscal year. 

9 SEC. 511. None of the funds made available to the De10 partment of Justice in this Act may be used to discriminate 

11 against or denigrate the religious or moral beliefs of stu12 dents who participate in programs for which financial as13 sistance is provided from those funds, or of the parents or 

14 legal guardians of such students. 

15 SEC. 512. None of the funds made available in this 

16 Act may be transferred to any department, agency, or in17 strumentality of the United States Government, except pur18 suant to a transfer made by, or transfer authority provided 

19 in, this Act or any other appropriations Act. 

20 SEC. 513. Any funds provided in this Act used to im21 plement E-Government Initiatives shall be subject to the 

22 procedures set forth in section 505 of this Act. 

23 SEC. 514. (a) Tracing studies conducted by the Bureau 

24 of Alcohol, Tobacco, Firearms and Explosives are released 


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1 without adequate disclaimers regarding the limitations of 

2 the data. 

3 (b) For fiscal year 2013 and thereafter, the Bureau 

4 of Alcohol, Tobacco, Firearms and Explosives shall include 

5 in all such data releases, language similar to the following 

6 that would make clear that trace data cannot be used to 

7 draw broad conclusions about firearms-related crime: 

8 (1) Firearm traces are designed to assist law en9 forcement authorities in conducting investigations by 

10 tracking the sale and possession of specific firearms. 

11 Law enforcement agencies may request firearms traces 

12 for any reason, and those reasons are not necessarily 

13 reported to the Federal Government. Not all firearms 

14 used in crime are traced and not all firearms traced 

15 are used in crime. 

16 (2) Firearms selected for tracing are not chosen 

17 for purposes of determining which types, makes, or 

18 models of firearms are used for illicit purposes. The 

19 firearms selected do not constitute a random sample 

20 and should not be considered representative of the 

21 larger universe of all firearms used by criminals, or 

22 any subset of that universe. Firearms are normally 

23 traced to the first retail seller, and sources reported 

24 for firearms traced do not necessarily represent the 


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1 sources or methods by which firearms in general are 

2 acquired for use in crime. 

3 SEC. 515. (a) The Inspectors General of the Depart4 ment of Commerce, the Department of Justice, the National 

5 Aeronautics and Space Administration, the National 

6 Science Foundation, and the Legal Services Corporation 

7 shall conduct audits, pursuant to the Inspector General Act 

8 (5 U.S.C. App.), of grants or contracts for which funds are 

9 appropriated by this Act, and shall submit reports to Con10 gress on the progress of such audits, which may include pre11 liminary findings and a description of areas of particular 

12 interest, within 180 days after initiating such an audit and 

13 every 180 days thereafter until any such audit is completed. 

14 (b) Within 60 days after the date on which an audit 

15 described in subsection (a) by an Inspector General is com16 pleted, the Secretary, Attorney General, Administrator, Di17 rector, or President, as appropriate, shall make the results 

18 of the audit available to the public on the Internet website 

19 maintained by the Department, Administration, Founda20 tion, or Corporation, respectively. The results shall be made 

21 available in redacted form to exclude— 

22 (1) any matter described in section 552(b) of 

23 title 5, United States Code; and 

24 (2) sensitive personal information for any indi25 vidual, the public access to which could be used to 


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1 commit identity theft or for other inappropriate or 

2 unlawful purposes. 

3 (c) A grant or contract funded by amounts appro4 priated by this Act may not be used for the purpose of de5 fraying the costs of a banquet or conference that is not di6 rectly and programmatically related to the purpose for 

7 which the grant or contract was awarded, such as a banquet 

8 or conference held in connection with planning, training, 

9 assessment, review, or other routine purposes related to a 

10 project funded by the grant or contract. 

11 (d) Any person awarded a grant or contract funded 

12 by amounts appropriated by this Act shall submit a state13 ment to the Secretary of Commerce, the Attorney General, 

14 the Administrator, Director, or President, as appropriate, 

15 certifying that no funds derived from the grant or contract 

16 will be made available through a subcontract or in any 

17 other manner to another person who has a financial interest 

18 in the person awarded the grant or contract. 

19 (e) The provisions of the preceding subsections of this 

20 section shall take effect 30 days after the date on which the 

21 Director of the Office of Management and Budget, in con22 sultation with the Director of the Office of Government Eth23 ics, determines that a uniform set of rules and requirements, 

24 substantially similar to the requirements in such sub25 sections, consistently apply under the executive branch ethVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 ics program to all Federal departments, agencies, and enti2 ties. 

3 SEC. 516. (a) None of the funds appropriated or other4 wise made available under this Act may be used by the De5 partments of Commerce and Justice, the National Aero6 nautics and Space Administration, or the National Science 

7 Foundation to acquire an information technology system 

8 unless the head of the entity involved, in consultation with 

9 the Federal Bureau of Investigation or other appropriate 

10 Federal entity, has made an assessment of any associated 

11 risk of cyber-espionage or sabotage associated with the ac12 quisition of such system, including any risk associated with 

13 such system being produced, manufactured or assembled by 

14 one or more entities that are owned, directed or subsidized 

15 by the People’s Republic of China. 

16 (b) None of the funds appropriated or otherwise made 

17 available under this Act may be used to acquire an infor18 mation technology system described in an assessment re19 quired by subsection (a) and produced, manufactured or as20 sembled by one or more entities that are owned, directed 

21 or subsidized by the People’s Republic of China unless the 

22 head of the assessing entity described in subsection (a) de23 termines, and reports that determination to the Committees 

24 on Appropriations of the House of Representatives and the 


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1 Senate, that the acquisition of such system is in the na2 tional interest of the United States. 

3 SEC. 517. None of the funds made available in this 

4 Act shall be used in any way whatsoever to support or jus5 tify the use of torture by any official or contract employee 

6 of the United States Government. 

7 SEC. 518. (a) Notwithstanding any other provision of 

8 law or treaty, none of the funds appropriated or otherwise 

9 made available under this Act or any other Act may be 

10 expended or obligated by a department, agency, or instru11 mentality of the United States to pay administrative ex12 penses or to compensate an officer or employee of the United 

13 States in connection with requiring an export license for 

14 the export to Canada of components, parts, accessories or 

15 attachments for firearms listed in Category I, section 121.1 

16 of title 22, Code of Federal Regulations (International Traf17 ficking in Arms Regulations (ITAR), part 121, as it existed 

18 on April 1, 2005) with a total value not exceeding $500 

19 wholesale in any transaction, provided that the conditions 

20 of subsection (b) of this section are met by the exporting 

21 party for such articles. 

22 (b) The foregoing exemption from obtaining an export 

23 license— 

24 (1) does not exempt an exporter from filing any 

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1 quired by law, or from being otherwise eligible under 

2 the laws of the United States to possess, ship, trans3 port, or export the articles enumerated in subsection 

4 (a); and 

5 (2) does not permit the export without a license 

6 of— 

7 (A) fully automatic firearms and compo8 nents and parts for such firearms, other than for 

9 end use by the Federal Government, or a Provin10 cial or Municipal Government of Canada; 

11 (B) barrels, cylinders, receivers (frames) or 

12 complete breech mechanisms for any firearm list13 ed in Category I, other than for end use by the 

14 Federal Government, or a Provincial or Munic15 ipal Government of Canada; or 

16 (C) articles for export from Canada to an17 other foreign destination. 

18 (c) In accordance with this section, the District Direc19 tors of Customs and postmasters shall permit the permanent 

20 or temporary export without a license of any unclassified 

21 articles specified in subsection (a) to Canada for end use 

22 in Canada or return to the United States, or temporary 

23 import of Canadian-origin items from Canada for end use 

24 in the United States or return to Canada for a Canadian 

25 citizen. 


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1 (d) The President may require export licenses under 

2 this section on a temporary basis if the President deter3 mines, upon publication first in the Federal Register, that 

4 the Government of Canada has implemented or maintained 

5 inadequate import controls for the articles specified in sub6 section (a), such that a significant diversion of such articles 

7 has and continues to take place for use in international 

8 terrorism or in the escalation of a conflict in another na9 tion. The President shall terminate the requirements of a 

10 license when reasons for the temporary requirements have 

11 ceased. 

12 SEC. 519. Notwithstanding any other provision of law, 

13 no department, agency, or instrumentality of the United 

14 States receiving appropriated funds under this Act or any 

15 other Act shall obligate or expend in any way such funds 

16 to pay administrative expenses or the compensation of any 

17 officer or employee of the United States to deny any appli18 cation submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and 

19 qualified pursuant to 27 CFR section 478.112 or .113, for 

20 a permit to import United States origin ‘‘curios or relics’’ 

21 firearms, parts, or ammunition. 

22 SEC. 520. None of the funds made available in this 

23 Act may be used to include in any new bilateral or multi24 lateral trade agreement the text of— 


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1 (1) paragraph 2 of article 16.7 of the United 

2 States-Singapore Free Trade Agreement; 

3 (2) paragraph 4 of article 17.9 of the United 

4 States-Australia Free Trade Agreement; or 

5 (3) paragraph 4 of article 15.9 of the United 

6 States-Morocco Free Trade Agreement. 

7 SEC. 521. None of the funds made available in this 

8 Act may be used to authorize or issue a national security 

9 letter in contravention of any of the following laws author10 izing the Federal Bureau of Investigation to issue national 

11 security letters: The Right to Financial Privacy Act; The 

12 Electronic Communications Privacy Act; The Fair Credit 

13 Reporting Act; The National Security Act of 1947; USA 

14 PATRIOT Act; and the laws amended by these Acts. 

15 SEC. 522. If at any time during any quarter, the pro16 gram manager of a project within the jurisdiction of the 

17 Departments of Commerce or Justice, the National Aero18 nautics and Space Administration, or the National Science 

19 Foundation totaling more than $75,000,000 has reasonable 

20 cause to believe that the total program cost has increased 

21 by 10 percent, the program manager shall immediately in22 form the respective Secretary, Administrator, or Director. 

23 The Secretary, Administrator, or Director shall notify the 

24 House and Senate Committees on Appropriations within 

25 30 days in writing of such increase, and shall include in 


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1 such notice: the date on which such determination was 

2 made; a statement of the reasons for such increases; the ac3 tion taken and proposed to be taken to control future cost 

4 growth of the project; changes made in the performance or 

5 schedule milestones and the degree to which such changes 

6 have contributed to the increase in total program costs or 

7 procurement costs; new estimates of the total project or pro8 curement costs; and a statement validating that the project’s 

9 management structure is adequate to control total project 

10 or procurement costs. 

11 SEC. 523. Funds appropriated by this Act, or made 

12 available by the transfer of funds in this Act, for intelligence 

13 or intelligence related activities are deemed to be specifi14 cally authorized by the Congress for purposes of section 504 

15 of the National Security Act of 1947 (50 U.S.C. 414) during 

16 fiscal year 2013 until the enactment of the Intelligence Au17 thorization Act for fiscal year 2013. 

18 SEC. 524. The Departments, agencies, and commis19 sions funded under this Act, shall establish and maintain 

20 on the homepages of their Internet websites— 

21 (1) a direct link to the Internet websites of their 

22 Offices of Inspectors General; and 

23 (2) a mechanism on the Offices of Inspectors 

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1 spect to those Departments, agencies, and commis2 sions. 

3 SEC. 525. None of the funds appropriated or otherwise 

4 made available by this Act may be used to enter into a 

5 contract in an amount greater than $5,000,000 or to award 

6 a grant in excess of such amount unless the prospective con7 tractor or grantee certifies in writing to the agency award8 ing the contract or grant that, to the best of its knowledge 

9 and belief, the contractor or grantee has filed all Federal 

10 tax returns required during the three years preceding the 

11 certification, has not been convicted of a criminal offense 

12 under the Internal Revenue Code of 1986, and has not, more 

13 than 90 days prior to certification, been notified of any 

14 unpaid Federal tax assessment for which the liability re15 mains unsatisfied, unless the assessment is the subject of 

16 an installment agreement or offer in compromise that has 

17 been approved by the Internal Revenue Service and is not 

18 in default, or the assessment is the subject of a non-frivolous 

19 administrative or judicial proceeding. 

20 (RESCISSIONS)

21 SEC. 526. (a) Of the unobligated balances available to 

22 the Department of Justice, the following funds are hereby 

23 rescinded, not later than September 30, 2013, from the fol24 lowing accounts in the specified amounts— 

25 (1) ‘‘Working Capital Fund’’, $26,000,000; 


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1 (2) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

2 $722,697,000; 

3 (3) ‘‘Bureau of Alcohol, Tobacco, Firearms and 

4 Explosives, Violent Crime Reduction Program’’, 

5 $1,028,000; 

6 (4) ‘‘Federal Prison System, Buildings and Fa7 cilities’’, $64,700,000; 

8 (5) ‘‘State and Local Law Enforcement Activi9 ties, Office on Violence Against Women, Violence 

10 Against Women Prevention and Prosecution Pro11 grams’’, $12,000,000; 

12 (6) ‘‘State and Local Law Enforcement Activi13 ties, Office of Justice Programs’’, $43,000,000; and 

14 (7) ‘‘State and Local Law Enforcement Activi15 ties, Community Oriented Policing Services’’, 

16 $12,200,000. 

17 (b) The Department of Justice shall submit to the Com18 mittees on Appropriations of the House of Representatives 

19 and the Senate a report no later than September 1, 2013, 

20 specifying the amount of each rescission made pursuant to 

21 subsection (a). 

22 SEC. 527. None of the funds appropriated or otherwise 

23 made available in this Act may be used in a manner that 

24 is inconsistent with the principal negotiating objective of 


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1 the United States with respect to trade remedy laws to pre2 serve the ability of the United States— 

3 (1) to enforce vigorously its trade laws, including 

4 antidumping, countervailing duty, and safeguard 

5 laws; 

6 (2) to avoid agreements that— 

7 (A) lessen the effectiveness of domestic and 

8 international disciplines on unfair trade, espe9 cially dumping and subsidies; or 

10 (B) lessen the effectiveness of domestic and 

11 international safeguard provisions, in order to 

12 ensure that United States workers, agricultural 

13 producers, and firms can compete fully on fair 

14 terms and enjoy the benefits of reciprocal trade 

15 concessions; and 

16 (3) to address and remedy market distortions 

17 that lead to dumping and subsidization, including 

18 overcapacity, cartelization, and market-access bar19 riers. 

20 SEC. 528. None of the funds made available in this 

21 Act may be used to purchase first class or premium airline 

22 travel in contravention of sections 301–10.122 through 301– 

23 10.124 of title 41 of the Code of Federal Regulations. 

24 SEC. 529. None of the funds made available in this 

25 Act may be used to send or otherwise pay for the attendance 


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1 of more than 50 employees from a Federal department or 

2 agency at any single conference occurring outside the 

3 United States, unless such conference is a law enforcement 

4 training or operational conference for law enforcement per5 sonnel and the majority of Federal employees in attendance 

6 are law enforcement personnel stationed outside the United 

7 States. 

8 SEC. 530. None of the funds appropriated or otherwise 

9 made available in this or any other Act may be used to 

10 transfer, release, or assist in the transfer or release to or 

11 within the United States, its territories, or possessions 

12 Khalid Sheikh Mohammed or any other detainee who— 

13 (1) is not a United States citizen or a member 

14 of the Armed Forces of the United States; and 

15 (2) is or was held on or after June 24, 2009, at 

16 the United States Naval Station, Guantanamo Bay, 

17 Cuba, by the Department of Defense. 

18 SEC. 531. (a) None of the funds appropriated or other19 wise made available in this or any other Act may be used 

20 to construct, acquire, or modify any facility in the United 

21 States, its territories, or possessions to house any individual 

22 described in subsection (c) for the purposes of detention or 

23 imprisonment in the custody or under the effective control 

24 of the Department of Defense. 


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1 (b) The prohibition in subsection (a) shall not apply 

2 to any modification of facilities at United States Naval 

3 Station, Guantanamo Bay, Cuba. 

4 (c) An individual described in this subsection is any 

5 individual who, as of June 24, 2009, is located at United 

6 States Naval Station, Guantanamo Bay, Cuba, and who— 

7 (1) is not a citizen of the United States or a 

8 member of the Armed Forces of the United States; and 

9 (2) is— 

10 (A) in the custody or under the effective 

11 control of the Department of Defense; or 

12 (B) otherwise under detention at United 

13 States Naval Station, Guantanamo Bay, Cuba. 

14 SEC. 532. None of the funds made available under this 

15 Act may be distributed to the Association of Community 

16 Organizations for Reform Now (ACORN) or its subsidi17 aries. 

18 SEC. 533. To the extent practicable, funds made avail19 able in this Act should be used to purchase light bulbs that 

20 are ‘‘Energy Star’’ qualified or have the ‘‘Federal Energy 

21 Management Program’’ designation. 

22 SEC. 534. The Director of the Office of Management 

23 and Budget shall instruct any department, agency, or in24 strumentality of the United States Government receiving 

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1 ances in expired grant accounts and include in its annual 

2 performance plan and performance and accountability re3 ports the following: 

4 (1) Details on future action the department, 

5 agency, or instrumentality will take to resolve 

6 undisbursed balances in expired grant accounts. 

7 (2) The method that the department, agency, or 

8 instrumentality uses to track undisbursed balances in 

9 expired grant accounts. 

10 (3) Identification of undisbursed balances in ex11 pired grant accounts that may be returned to the 

12 Treasury of the United States. 

13 (4) In the preceding 3 fiscal years, details on the 

14 total number of expired grant accounts with 

15 undisbursed balances (on the first day of each fiscal 

16 year) for the department, agency, or instrumentality 

17 and the total finances that have not been obligated to 

18 a specific project remaining in the accounts. 

19 SEC. 535. (a) None of the funds made available by this 

20 Act may be used for the National Aeronautics and Space 

21 Administration (NASA) or the Office of Science and Tech22 nology Policy (OSTP) to develop, design, plan, promulgate, 

23 implement, or execute a bilateral policy, program, order, 

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1 owned company unless such activities are specifically au2 thorized by a law enacted after the date of enactment of 

3 this Act. 

4 (b) The limitation in subsection (a) shall also apply 

5 to any funds used to effectuate the hosting of official Chinese 

6 visitors at facilities belonging to or utilized by NASA. 

7 (c) The limitations described in subsections (a) and 

8 (b) shall not apply to activities which NASA or OSTP has 

9 certified— 

10 (1) pose no risk of resulting in the transfer of 

11 technology, data, or other information with national 

12 security or economic security implications to China 

13 or a Chinese-owned company; and 

14 (2) will not involve knowing interactions with 

15 officials who have been determined by the United 

16 States to have direct involvement with violations of 

17 human rights. 

18 (d) Any certification made under subsection (c) shall 

19 be submitted to the Committees on Appropriations of the 

20 House of Representatives and the Senate no later than 30 

21 days prior to the activity in question and shall include a 

22 description of the purpose of the activity, its agenda, its 

23 major participants, and its location and timing. 

24 SEC. 536. None of the funds made available in this 

25 Act may be used to relocate the Bureau of the Census or 


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1 employees from the Department of Commerce to the juris2 diction of the Executive Office of the President. 

3 SEC. 537. The Departments of Commerce and Justice, 

4 the National Aeronautics and Space Administration, and 

5 the National Science Foundation shall submit spending 

6 plans, signed by the respective department or agency head, 

7 to the Committees on Appropriations of the House of Rep8 resentatives and the Senate within 45 days after the date 

9 of enactment of this Act. 

10 SEC. 538. None of the funds made available by this 

11 Act may be used to pay the salaries or expenses of personnel 

12 to deny, or fail to act on, an application for the importation 

13 of any model of shotgun if— 

14 (1) all other requirements of law with respect to 

15 the proposed importation are met; and 

16 (2) no application for the importation of such 

17 model of shotgun, in the same configuration, had been 

18 denied by the Attorney General prior to January 1, 

19 2011, on the basis that the shotgun was not particu20 larly suitable for or readily adaptable to sporting 

21 purposes. 

22 SEC. 539. (a) None of the funds made available in this 

23 Act may be used to maintain or establish a computer net24 work unless such network blocks the viewing, downloading, 

25 and exchanging of pornography. 


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1 (b) Nothing in subsection (a) shall limit the use of 

2 funds necessary for any Federal, State, tribal, or local law 

3 enforcement agency or any other entity carrying out crimi4 nal investigations, prosecution, or adjudication activities. 

5 SEC. 540. None of the funds made available by this 

6 Act may be used to enter into a contract, memorandum of 

7 understanding, or cooperative agreement with, make a 

8 grant to, or provide a loan or loan guarantee to, any cor9 poration that was convicted of a felony criminal violation 

10 under any Federal law within the preceding 24 months, 

11 where the awarding agency is aware of the conviction, un12 less an agency has considered suspension or debarment of 

13 the corporation and has made a determination that this 

14 further action is not necessary to protect the interests of 

15 the Government. 

16 SEC. 541. None of the funds made available by this 

17 Act may be used to enter into a contract, memorandum of 

18 understanding, or cooperative agreement with, make a 

19 grant to, or provide a loan or loan guarantee to, any cor20 poration that has any unpaid Federal tax liability that has 

21 been assessed, for which all judicial and administrative 

22 remedies have been exhausted or have lapsed, and that is 

23 not being paid in a timely manner pursuant to an agree24 ment with the authority responsible for collecting the tax 

25 liability, where the awarding agency is aware of the unpaid 


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1 tax liability, unless an agency has considered suspension 

2 or debarment of the corporation and has made a determina3 tion that this further action is not necessary to protect the 

4 interests of the Government. 

5 SEC. 542. None of the funds made available by this 

6 Act may be used to pay the salary of any officer or employee 

7 of the Department of Commerce who uses amounts in the 

8 Fisheries Enforcement Asset Forfeiture Fund of the Na9 tional Oceanic and Atmospheric Administration that con10 sists of the sums described in section 311(e)(1) of the Mag11 nuson-Stevens Fishery Conservation and Management Act 

12 (16 U.S.C. 1861(e)(1)) for any purpose other than a pur13 pose specifically authorized under such section. 

14 SEC. 543. (a) None of the funds made available by this 

15 Act may be used to carry out the functions of the Political 

16 Science Program in the Division of Social and Economic 

17 Sciences of the Directorate for Social, Behavioral, and Eco18 nomic Sciences of the National Science Foundation, except 

19 for research projects that the Director of the National 

20 Science Foundation certifies as promoting national security 

21 or the economic interests of the United States. 

22 (b) The Director of the National Science Foundation 

23 shall publish a statement of the reason for each certification 

24 made pursuant to subsection (a) on the public website of 

25 the National Science Foundation. 


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1 (c) Any unobligated balances for the Political Science 

2 Program described in subsection (a) may be provided for 

3 other scientific research and studies that do not duplicate 

4 those being funded by other Federal agencies. 

5 This division may be cited as the ‘‘Commerce, Justice, 

6 Science, and Related Agencies Appropriations Act, 2013’’. 

7 DIVISION C—DEPARTMENT OF DEFENSE 

8 APPROPRIATIONS ACT, 2013 

9 The following sums are hereby appropriated, out of 

10 any money in the Treasury not otherwise appropriated, for 

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

12 functions administered by the Department of Defense and 

13 for other purposes, namely: 

14 TITLE I 

15 MILITARY PERSONNEL 

16 MILITARY PERSONNEL, ARMY

17 For pay, allowances, individual clothing, subsistence, 

18 interest on deposits, gratuities, permanent change of station 

19 travel (including all expenses thereof for organizational 

20 movements), and expenses of temporary duty travel between 

21 permanent duty stations, for members of the Army on active 

22 duty, (except members of reserve components provided for 

23 elsewhere), cadets, and aviation cadets; for members of the 

24 Reserve Officers’ Training Corps; and for payments pursu25 ant to section 156 of Public Law 97–377, as amended (42 


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1 U.S.C. 402 note), and to the Department of Defense Mili2 tary Retirement Fund, $40,199,263,000. 

3 MILITARY PERSONNEL, NAVY

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of station 

6 travel (including all expenses thereof for organizational 

7 movements), and expenses of temporary duty travel between 

8 permanent duty stations, for members of the Navy on active 

9 duty (except members of the Reserve provided for elsewhere), 

10 midshipmen, and aviation cadets; for members of the Re11 serve Officers’ Training Corps; and for payments pursuant 

12 to section 156 of Public Law 97–377, as amended (42 

13 U.S.C. 402 note), and to the Department of Defense Mili14 tary Retirement Fund, $26,902,346,000. 

15 MILITARY PERSONNEL, MARINE CORPS

16 For pay, allowances, individual clothing, subsistence, 

17 interest on deposits, gratuities, permanent change of station 

18 travel (including all expenses thereof for organizational 

19 movements), and expenses of temporary duty travel between 

20 permanent duty stations, for members of the Marine Corps 

21 on active duty (except members of the Reserve provided for 

22 elsewhere); and for payments pursuant to section 156 of 

23 Public Law 97–377, as amended (42 U.S.C. 402 note), and 

24 to the Department of Defense Military Retirement Fund, 

25 $12,531,549,000. 


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1 MILITARY PERSONNEL, AIR FORCE

2 For pay, allowances, individual clothing, subsistence, 

3 interest on deposits, gratuities, permanent change of station 

4 travel (including all expenses thereof for organizational 

5 movements), and expenses of temporary duty travel between 

6 permanent duty stations, for members of the Air Force on 

7 active duty (except members of reserve components provided 

8 for elsewhere), cadets, and aviation cadets; for members of 

9 the Reserve Officers’ Training Corps; and for payments 

10 pursuant to section 156 of Public Law 97–377, as amended 

11 (42 U.S.C. 402 note), and to the Department of Defense 

12 Military Retirement Fund, $28,052,826,000. 

13 RESERVE PERSONNEL, ARMY

14 For pay, allowances, clothing, subsistence, gratuities, 

15 travel, and related expenses for personnel of the Army Re16 serve on active duty under sections 10211, 10302, and 3038 

17 of title 10, United States Code, or while serving on active 

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

19 in connection with performing duty specified in section 

20 12310(a) of title 10, United States Code, or while under21 going reserve training, or while performing drills or equiva22 lent duty or other duty, and expenses authorized by section 

23 16131 of title 10, United States Code; and for payments 

24 to the Department of Defense Military Retirement Fund, 

25 $4,456,823,000. 


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1 RESERVE PERSONNEL, NAVY

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

3 travel, and related expenses for personnel of the Navy Re4 serve on active duty under section 10211 of title 10, United 

5 States Code, or while serving on active duty under section 

6 12301(d) of title 10, United States Code, in connection with 

7 performing duty specified in section 12310(a) of title 10, 

8 United States Code, or while undergoing reserve training, 

9 or while performing drills or equivalent duty, and expenses 

10 authorized by section 16131 of title 10, United States Code; 

11 and for payments to the Department of Defense Military 

12 Retirement Fund, $1,874,023,000. 

13 RESERVE PERSONNEL, MARINE CORPS

14 For pay, allowances, clothing, subsistence, gratuities, 

15 travel, and related expenses for personnel of the Marine 

16 Corps Reserve on active duty under section 10211 of title 

17 10, United States Code, or while serving on active duty 

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

19 connection with performing duty specified in section 

20 12310(a) of title 10, United States Code, or while under21 going reserve training, or while performing drills or equiva22 lent duty, and for members of the Marine Corps platoon 

23 leaders class, and expenses authorized by section 16131 of 

24 title 10, United States Code; and for payments to the DeVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 partment of Defense Military Retirement Fund, 

2 $658,251,000. 

3 RESERVE PERSONNEL, AIR FORCE

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

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

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

7 8038 of title 10, United States Code, or while serving on 

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

9 Code, in connection with performing duty specified in sec10 tion 12310(a) of title 10, United States Code, or while un11 dergoing reserve training, or while performing drills or 

12 equivalent duty or other duty, and expenses authorized by 

13 section 16131 of title 10, United States Code; and for pay14 ments to the Department of Defense Military Retirement 

15 Fund, $1,722,425,000. 

16 NATIONAL GUARD PERSONNEL, ARMY

17 For pay, allowances, clothing, subsistence, gratuities, 

18 travel, and related expenses for personnel of the Army Na19 tional Guard while on duty under section 10211, 10302, 

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

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

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

23 in connection with performing duty specified in section 

24 12310(a) of title 10, United States Code, or while under25 going training, or while performing drills or equivalent 


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1 duty or other duty, and expenses authorized by section 

2 16131 of title 10, United States Code; and for payments 

3 to the Department of Defense Military Retirement Fund, 

4 $7,981,577,000. 

5 NATIONAL GUARD PERSONNEL, AIR FORCE

6 For pay, allowances, clothing, subsistence, gratuities, 

7 travel, and related expenses for personnel of the Air Na8 tional Guard on duty under section 10211, 10305, or 12402 

9 of title 10 or section 708 of title 32, United States Code, 

10 or while serving on duty under section 12301(d) of title 10 

11 or section 502(f) of title 32, United States Code, in connec12 tion with performing duty specified in section 12310(a) of 

13 title 10, United States Code, or while undergoing training, 

14 or while performing drills or equivalent duty or other duty, 

15 and expenses authorized by section 16131 of title 10, United 

16 States Code; and for payments to the Department of Defense 

17 Military Retirement Fund, $3,153,990,000. 

18 TITLE II 

19 OPERATION AND MAINTENANCE 

20 OPERATION AND MAINTENANCE, ARMY

21 For expenses, not otherwise provided for, necessary for 

22 the operation and maintenance of the Army, as authorized 

23 by law; and not to exceed $12,478,000 can be used for emer24 gencies and extraordinary expenses, to be expended on the 

25 approval or authority of the Secretary of the Army, and 


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1 payments may be made on his certificate of necessity for 

2 confidential military purposes, $35,409,260,000. 

3 OPERATION AND MAINTENANCE, NAVY

4 For expenses, not otherwise provided for, necessary for 

5 the operation and maintenance of the Navy and the Marine 

6 Corps, as authorized by law; and not to exceed $14,804,000 

7 can be used for emergencies and extraordinary expenses, to 

8 be expended on the approval or authority of the Secretary 

9 of the Navy, and payments may be made on his certificate 

10 of necessity for confidential military purposes, 

11 $41,614,453,000. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For expenses, not otherwise provided for, necessary for 

14 the operation and maintenance of the Marine Corps, as au15 thorized by law, $6,034,963,000. 

16 OPERATION AND MAINTENANCE, AIR FORCE

17 For expenses, not otherwise provided for, necessary for 

18 the operation and maintenance of the Air Force, as author19 ized by law; and not to exceed $7,699,000 can be used for 

20 emergencies and extraordinary expenses, to be expended on 

21 the approval or authority of the Secretary of the Air Force, 

22 and payments may be made on his certificate of necessity 

23 for confidential military purposes, $34,780,406,000. 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary for 

4 the operation and maintenance of activities and agencies 

5 of the Department of Defense (other than the military de6 partments), as authorized by law, $31,862,980,000: Pro7 vided, That not more than $30,000,000 may be used for 

8 the Combatant Commander Initiative Fund authorized 

9 under section 166a of title 10, United States Code: Provided 

10 further, That not to exceed $36,000,000 can be used for 

11 emergencies and extraordinary expenses, to be expended on 

12 the approval or authority of the Secretary of Defense, and 

13 payments may be made on his certificate of necessity for 

14 confidential military purposes: Provided further, That of 

15 the funds provided under this heading, not less than 

16 $36,480,000 shall be made available for the Procurement 

17 Technical Assistance Cooperative Agreement Program, of 

18 which not less than $3,600,000 shall be available for centers 

19 defined in 10 U.S.C. 2411(1)(D): Provided further, That 

20 none of the funds appropriated or otherwise made available 

21 by this Act may be used to plan or implement the consolida22 tion of a budget or appropriations liaison office of the Office 

23 of the Secretary of Defense, the office of the Secretary of 

24 a military department, or the service headquarters of one 

25 of the Armed Forces into a legislative affairs or legislative 


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1 liaison office: Provided further, That $8,563,000, to remain 

2 available until expended, is available only for expenses re3 lating to certain classified activities, and may be trans4 ferred as necessary by the Secretary of Defense to operation 

5 and maintenance appropriations or research, development, 

6 test and evaluation appropriations, to be merged with and 

7 to be available for the same time period as the appropria8 tions to which transferred: Provided further, That any ceil9 ing on the investment item unit cost of items that may be 

10 purchased with operation and maintenance funds shall not 

11 apply to the funds described in the preceding proviso: Pro12 vided further, That the transfer authority provided under 

13 this heading is in addition to any other transfer authority 

14 provided elsewhere in this Act. 

15 OPERATION AND MAINTENANCE, ARMY RESERVE

16 For expenses, not otherwise provided for, necessary for 

17 the operation and maintenance, including training, organi18 zation, and administration, of the Army Reserve; repair of 

19 facilities and equipment; hire of passenger motor vehicles; 

20 travel and transportation; care of the dead; recruiting; pro21 curement of services, supplies, and equipment; and commu22 nications, $3,182,923,000. 

23 OPERATION AND MAINTENANCE, NAVY RESERVE

24 For expenses, not otherwise provided for, necessary for 

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1 zation, and administration, of the Navy Reserve; repair of 

2 facilities and equipment; hire of passenger motor vehicles; 

3 travel and transportation; care of the dead; recruiting; pro4 curement of services, supplies, and equipment; and commu5 nications, $1,256,347,000. 

6 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

7 For expenses, not otherwise provided for, necessary for 

8 the operation and maintenance, including training, organi9 zation, and administration, of the Marine Corps Reserve; 

10 repair of facilities and equipment; hire of passenger motor 

11 vehicles; travel and transportation; care of the dead; recruit12 ing; procurement of services, supplies, and equipment; and 

13 communications, $277,377,000. 

14 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

15 For expenses, not otherwise provided for, necessary for 

16 the operation and maintenance, including training, organi17 zation, and administration, of the Air Force Reserve; repair 

18 of facilities and equipment; hire of passenger motor vehicles; 

19 travel and transportation; care of the dead; recruiting; pro20 curement of services, supplies, and equipment; and commu21 nications, $3,261,324,000. 

22 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

23 For expenses of training, organizing, and admin24 istering the Army National Guard, including medical and 

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1 pitals; maintenance, operation, and repairs to structures 

2 and facilities; hire of passenger motor vehicles; personnel 

3 services in the National Guard Bureau; travel expenses 

4 (other than mileage), as authorized by law for Army per5 sonnel on active duty, for Army National Guard division, 

6 regimental, and battalion commanders while inspecting 

7 units in compliance with National Guard Bureau regula8 tions when specifically authorized by the Chief, National 

9 Guard Bureau; supplying and equipping the Army Na10 tional Guard as authorized by law; and expenses of repair, 

11 modification, maintenance, and issue of supplies and 

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

13 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

14 For expenses of training, organizing, and admin15 istering the Air National Guard, including medical and 

16 hospital treatment and related expenses in non-Federal hos17 pitals; maintenance, operation, and repairs to structures 

18 and facilities; transportation of things, hire of passenger 

19 motor vehicles; supplying and equipping the Air National 

20 Guard, as authorized by law; expenses for repair, modifica21 tion, maintenance, and issue of supplies and equipment, 

22 including those furnished from stocks under the control of 

23 agencies of the Department of Defense; travel expenses (other 

24 than mileage) on the same basis as authorized by law for 

25 Air National Guard personnel on active Federal duty, for 


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1 Air National Guard commanders while inspecting units in 

2 compliance with National Guard Bureau regulations when 

3 specifically authorized by the Chief, National Guard Bu4 reau, $6,494,326,000. 

5 UNITED STATES COURT OF APPEALS FOR THE ARMED

6 FORCES

7 For salaries and expenses necessary for the United 

8 States Court of Appeals for the Armed Forces, $13,516,000, 

9 of which not to exceed $5,000 may be used for official rep10 resentation purposes. 

11 ENVIRONMENTAL RESTORATION, ARMY

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of the Army, $335,921,000, to re14 main available until transferred: Provided, That the Sec15 retary of the Army shall, upon determining that such funds 

16 are required for environmental restoration, reduction and 

17 recycling of hazardous waste, removal of unsafe buildings 

18 and debris of the Department of the Army, or for similar 

19 purposes, transfer the funds made available by this appro20 priation to other appropriations made available to the De21 partment of the Army, to be merged with and to be available 

22 for the same purposes and for the same time period as the 

23 appropriations to which transferred: Provided further, That 

24 upon a determination that all or part of the funds trans25 ferred from this appropriation are not necessary for the 


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1 purposes provided herein, such amounts may be transferred 

2 back to this appropriation: Provided further, That the 

3 transfer authority provided under this heading is in addi4 tion to any other transfer authority provided elsewhere in 

5 this Act. 

6 ENVIRONMENTAL RESTORATION, NAVY

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Navy, $310,594,000, to re9 main available until transferred: Provided, That the Sec10 retary of the Navy shall, upon determining that such funds 

11 are required for environmental restoration, reduction and 

12 recycling of hazardous waste, removal of unsafe buildings 

13 and debris of the Department of the Navy, or for similar 

14 purposes, transfer the funds made available by this appro15 priation to other appropriations made available to the De16 partment of the Navy, to be merged with and to be available 

17 for the same purposes and for the same time period as the 

18 appropriations to which transferred: Provided further, That 

19 upon a determination that all or part of the funds trans20 ferred from this appropriation are not necessary for the 

21 purposes provided herein, such amounts may be transferred 

22 back to this appropriation: Provided further, That the 

23 transfer authority provided under this heading is in addi24 tion to any other transfer authority provided elsewhere in 

25 this Act. 


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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

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

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of unsafe 

8 buildings and debris of the Department of the Air Force, 

9 or for similar purposes, transfer the funds made available 

10 by this appropriation to other appropriations made avail11 able to the Department of the Air Force, to be merged with 

12 and to be available for the same purposes and for the same 

13 time period as the appropriations to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation: 

18 Provided further, That the transfer authority provided 

19 under this heading is in addition to any other transfer au20 thority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of Defense, $11,133,000, to remain 

24 available until transferred: Provided, That the Secretary of 

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1 quired for environmental restoration, reduction and recy2 cling of hazardous waste, removal of unsafe buildings and 

3 debris of the Department of Defense or for similar purposes, 

4 transfer the funds made available by this appropriation to 

5 other appropriations made available to the Department of 

6 Defense, to be merged with and to be available for the same 

7 purposes and for the same time period as the appropria8 tions to which transferred: Provided further, That upon a 

9 determination that all or part of the funds transferred from 

10 this appropriation are not necessary for the purposes pro11 vided herein, such amounts may be transferred back to this 

12 appropriation: Provided further, That the transfer author13 ity provided under this heading is in addition to any other 

14 transfer authority provided elsewhere in this Act. 

15 ENVIRONMENTAL RESTORATION, FORMERLY USED

16 DEFENSE SITES

17 (INCLUDING TRANSFER OF FUNDS)

18 For the Department of the Army, $287,543,000, to re19 main available until transferred: Provided, That the Sec20 retary of the Army shall, upon determining that such funds 

21 are required for environmental restoration, reduction and 

22 recycling of hazardous waste, removal of unsafe buildings 

23 and debris at sites formerly used by the Department of De24 fense, transfer the funds made available by this appropria25 tion to other appropriations made available to the DepartVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00471 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 ment of the Army, to be merged with and to be available 

2 for the same purposes and for the same time period as the 

3 appropriations to which transferred: Provided further, That 

4 upon a determination that all or part of the funds trans5 ferred from this appropriation are not necessary for the 

6 purposes provided herein, such amounts may be transferred 

7 back to this appropriation: Provided further, That the 

8 transfer authority provided under this heading is in addi9 tion to any other transfer authority provided elsewhere in 

10 this Act. 

11 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

12 For expenses relating to the Overseas Humanitarian, 

13 Disaster, and Civic Aid programs of the Department of De14 fense (consisting of the programs provided under sections 

15 401, 402, 404, 407, 2557, and 2561 of title 10, United 

16 States Code), $108,759,000, to remain available until Sep17 tember 30, 2014. 

18 COOPERATIVE THREAT REDUCTION ACCOUNT

19 For assistance to the republics of the former Soviet 

20 Union and, with appropriate authorization by the Depart21 ment of Defense and Department of State, to countries out22 side of the former Soviet Union, including assistance pro23 vided by contract or by grants, for facilitating the elimi24 nation and the safe and secure transportation and storage 

25 of nuclear, chemical and other weapons; for establishing 


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1 programs to prevent the proliferation of weapons, weapons 

2 components, and weapon-related technology and expertise; 

3 for programs relating to the training and support of defense 

4 and military personnel for demilitarization and protection 

5 of weapons, weapons components and weapons technology 

6 and expertise, and for defense and military contacts, 

7 $519,111,000, to remain available until September 30, 

8 2015. 

9 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

10 DEVELOPMENT FUND

11 For the Department of Defense Acquisition Workforce 

12 Development Fund, $50,198,000. 

13 TITLE III 

14 PROCUREMENT 

15 AIRCRAFT PROCUREMENT, ARMY

16 For construction, procurement, production, modifica17 tion, and modernization of aircraft, equipment, including 

18 ordnance, ground handling equipment, spare parts, and ac19 cessories therefor; specialized equipment and training de20 vices; expansion of public and private plants, including the 

21 land necessary therefor, for the foregoing purposes, and such 

22 lands and interests therein, may be acquired, and construc23 tion prosecuted thereon prior to approval of title; and pro24 curement and installation of equipment, appliances, and 

25 machine tools in public and private plants; reserve plant 


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1 and Government and contractor-owned equipment layaway; 

2 and other expenses necessary for the foregoing purposes, 

3 $6,028,754,000, to remain available for obligation until 

4 September 30, 2015. 

5 MISSILE PROCUREMENT, ARMY

6 For construction, procurement, production, modifica7 tion, and modernization of missiles, equipment, including 

8 ordnance, ground handling equipment, spare parts, and ac9 cessories therefor; specialized equipment and training de10 vices; expansion of public and private plants, including the 

11 land necessary therefor, for the foregoing purposes, and such 

12 lands and interests therein, may be acquired, and construc13 tion prosecuted thereon prior to approval of title; and pro14 curement and installation of equipment, appliances, and 

15 machine tools in public and private plants; reserve plant 

16 and Government and contractor-owned equipment layaway; 

17 and other expenses necessary for the foregoing purposes, 

18 $1,535,433,000, to remain available for obligation until 

19 September 30, 2015. 

20 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

21 VEHICLES, ARMY

22 For construction, procurement, production, and modi23 fication of weapons and tracked combat vehicles, equipment, 

24 including ordnance, spare parts, and accessories therefor; 

25 specialized equipment and training devices; expansion of 


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1 public and private plants, including the land necessary 

2 therefor, for the foregoing purposes, and such lands and in3 terests therein, may be acquired, and construction pros4 ecuted thereon prior to approval of title; and procurement 

5 and installation of equipment, appliances, and machine 

6 tools in public and private plants; reserve plant and Gov7 ernment and contractor-owned equipment layaway; and 

8 other expenses necessary for the foregoing purposes, 

9 $1,857,823,000, to remain available for obligation until 

10 September 30, 2015. 

11 PROCUREMENT OF AMMUNITION, ARMY

12 For construction, procurement, production, and modi13 fication of ammunition, and accessories therefor; specialized 

14 equipment and training devices; expansion of public and 

15 private plants, including ammunition facilities, authorized 

16 by section 2854 of title 10, United States Code, and the 

17 land necessary therefor, for the foregoing purposes, and such 

18 lands and interests therein, may be acquired, and construc19 tion prosecuted thereon prior to approval of title; and pro20 curement and installation of equipment, appliances, and 

21 machine tools in public and private plants; reserve plant 

22 and Government and contractor-owned equipment layaway; 

23 and other expenses necessary for the foregoing purposes, 

24 $1,641,306,000, to remain available for obligation until 

25 September 30, 2015. 


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1 OTHER PROCUREMENT, ARMY

2 For construction, procurement, production, and modi3 fication of vehicles, including tactical, support, and non4 tracked combat vehicles; the purchase of passenger motor ve5 hicles for replacement only; communications and electronic 

6 equipment; other support equipment; spare parts, ordnance, 

7 and accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, and 

10 such lands and interests therein, may be acquired, and con11 struction prosecuted thereon prior to approval of title; and 

12 procurement and installation of equipment, appliances, 

13 and machine tools in public and private plants; reserve 

14 plant and Government and contractor-owned equipment 

15 layaway; and other expenses necessary for the foregoing 

16 purposes, $5,741,664,000, to remain available for obligation 

17 until September 30, 2015. 

18 AIRCRAFT PROCUREMENT, NAVY

19 For construction, procurement, production, modifica20 tion, and modernization of aircraft, equipment, including 

21 ordnance, spare parts, and accessories therefor; specialized 

22 equipment; expansion of public and private plants, includ23 ing the land necessary therefor, and such lands and inter24 ests therein, may be acquired, and construction prosecuted 

25 thereon prior to approval of title; and procurement and inVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 stallation of equipment, appliances, and machine tools in 

2 public and private plants; reserve plant and Government 

3 and contractor-owned equipment layaway, 

4 $17,382,152,000, to remain available for obligation until 

5 September 30, 2015. 

6 WEAPONS PROCUREMENT, NAVY

7 For construction, procurement, production, modifica8 tion, and modernization of missiles, torpedoes, other weap9 ons, and related support equipment including spare parts, 

10 and accessories therefor; expansion of public and private 

11 plants, including the land necessary therefor, and such 

12 lands and interests therein, may be acquired, and construc13 tion prosecuted thereon prior to approval of title; and pro14 curement and installation of equipment, appliances, and 

15 machine tools in public and private plants; reserve plant 

16 and Government and contractor-owned equipment layaway, 

17 $3,036,871,000, to remain available for obligation until 

18 September 30, 2015. 

19 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

20 CORPS

21 For construction, procurement, production, and modi22 fication of ammunition, and accessories therefor; specialized 

23 equipment and training devices; expansion of public and 

24 private plants, including ammunition facilities, authorized 

25 by section 2854 of title 10, United States Code, and the 


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1 land necessary therefor, for the foregoing purposes, and such 

2 lands and interests therein, may be acquired, and construc3 tion prosecuted thereon prior to approval of title; and pro4 curement and installation of equipment, appliances, and 

5 machine tools in public and private plants; reserve plant 

6 and Government and contractor-owned equipment layaway; 

7 and other expenses necessary for the foregoing purposes, 

8 $659,897,000, to remain available for obligation until Sep9 tember 30, 2015. 

10 SHIPBUILDING AND CONVERSION, NAVY

11 For expenses necessary for the construction, acquisi12 tion, or conversion of vessels as authorized by law, includ13 ing armor and armament thereof, plant equipment, appli14 ances, and machine tools and installation thereof in public 

15 and private plants; reserve plant and Government and con16 tractor-owned equipment layaway; procurement of critical, 

17 long lead time components and designs for vessels to be con18 structed or converted in the future; and expansion of public 

19 and private plants, including land necessary therefor, and 

20 such lands and interests therein, may be acquired, and con21 struction prosecuted thereon prior to approval of title, as 

22 follows: 

23 Carrier Replacement Program, $565,371,000; 

24 Virginia Class Submarine, $3,217,601,000; 

25 Virginia Class Submarine (AP), $1,652,557,000; 


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1 CVN Refuelings, $1,613,392,000; 

2 CVN Refuelings (AP), $70,010,000; 

3 DDG–1000 Program, $669,222,000; 

4 DDG–51 Destroyer, $4,036,628,000; 

5 DDG–51 Destroyer (AP), $466,283,000; 

6 Littoral Combat Ship, $1,784,959,000; 

7 LPD–17 (AP), $263,255,000; 

8 Joint High Speed Vessel, $189,196,000; 

9 Moored Training Ship, $307,300,000; 

10 LCAC Service Life Extension Program, 

11 $85,830,000; and 

12 For outfitting, post delivery, conversions, and 

13 first destination transportation, $290,035,000. 

14 Completion of Prior Year Shipbuilding Pro15 grams, $372,573,000. 

16 In all: $15,584,212,000, to remain available for obliga17 tion until September 30, 2017: Provided, That additional 

18 obligations may be incurred after September 30, 2017, for 

19 engineering services, tests, evaluations, and other such budg20 eted work that must be performed in the final stage of ship 

21 construction: Provided further, That none of the funds pro22 vided under this heading for the construction or conversion 

23 of any naval vessel to be constructed in shipyards in the 

24 United States shall be expended in foreign facilities for the 

25 construction of major components of such vessel: Provided 


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1 further, That none of the funds provided under this heading 

2 shall be used for the construction of any naval vessel in 

3 foreign shipyards. 

4 OTHER PROCUREMENT, NAVY

5 For procurement, production, and modernization of 

6 support equipment and materials not otherwise provided 

7 for, Navy ordnance (except ordnance for new aircraft, new 

8 ships, and ships authorized for conversion); the purchase 

9 of passenger motor vehicles for replacement only; expansion 

10 of public and private plants, including the land necessary 

11 therefor, and such lands and interests therein, may be ac12 quired, and construction prosecuted thereon prior to ap13 proval of title; and procurement and installation of equip14 ment, appliances, and machine tools in public and private 

15 plants; reserve plant and Government and contractor-owned 

16 equipment layaway, $5,955,078,000, to remain available 

17 for obligation until September 30, 2015. 

18 PROCUREMENT, MARINE CORPS

19 For expenses necessary for the procurement, manufac20 ture, and modification of missiles, armament, military 

21 equipment, spare parts, and accessories therefor; plant 

22 equipment, appliances, and machine tools, and installation 

23 thereof in public and private plants; reserve plant and Gov24 ernment and contractor-owned equipment layaway; vehicles 

25 for the Marine Corps, including the purchase of passenger 


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1 motor vehicles for replacement only; and expansion of pub2 lic and private plants, including land necessary therefor, 

3 and such lands and interests therein, may be acquired, and 

4 construction prosecuted thereon prior to approval of title, 

5 $1,411,411,000, to remain available for obligation until 

6 September 30, 2015. 

7 AIRCRAFT PROCUREMENT, AIR FORCE

8 For construction, procurement, and modification of 

9 aircraft and equipment, including armor and armament, 

10 specialized ground handling equipment, and training de11 vices, spare parts, and accessories therefor; specialized 

12 equipment; expansion of public and private plants, Govern13 ment-owned equipment and installation thereof in such 

14 plants, erection of structures, and acquisition of land, for 

15 the foregoing purposes, and such lands and interests therein, 

16 may be acquired, and construction prosecuted thereon prior 

17 to approval of title; reserve plant and Government and con18 tractor-owned equipment layaway; and other expenses nec19 essary for the foregoing purposes including rents and trans20 portation of things, $11,774,019,000, to remain available 

21 for obligation until September 30, 2015. 

22 MISSILE PROCUREMENT, AIR FORCE

23 For construction, procurement, and modification of 

24 missiles, spacecraft, rockets, and related equipment, includ25 ing spare parts and accessories therefor, ground handling 


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1 equipment, and training devices; expansion of public and 

2 private plants, Government-owned equipment and installa3 tion thereof in such plants, erection of structures, and ac4 quisition of land, for the foregoing purposes, and such lands 

5 and interests therein, may be acquired, and construction 

6 prosecuted thereon prior to approval of title; reserve plant 

7 and Government and contractor-owned equipment layaway; 

8 and other expenses necessary for the foregoing purposes in9 cluding rents and transportation of things, $4,962,376,000, 

10 to remain available for obligation until September 30, 

11 2015. 

12 PROCUREMENT OF AMMUNITION, AIR FORCE

13 For construction, procurement, production, and modi14 fication of ammunition, and accessories therefor; specialized 

15 equipment and training devices; expansion of public and 

16 private plants, including ammunition facilities, authorized 

17 by section 2854 of title 10, United States Code, and the 

18 land necessary therefor, for the foregoing purposes, and such 

19 lands and interests therein, may be acquired, and construc20 tion prosecuted thereon prior to approval of title; and pro21 curement and installation of equipment, appliances, and 

22 machine tools in public and private plants; reserve plant 

23 and Government and contractor-owned equipment layaway; 

24 and other expenses necessary for the foregoing purposes, 


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1 $594,694,000, to remain available for obligation until Sep2 tember 30, 2015. 

3 OTHER PROCUREMENT, AIR FORCE

4 For procurement and modification of equipment (in5 cluding ground guidance and electronic control equipment, 

6 and ground electronic and communication equipment), and 

7 supplies, materials, and spare parts therefor, not otherwise 

8 provided for; the purchase of passenger motor vehicles for 

9 replacement only; lease of passenger motor vehicles; and ex10 pansion of public and private plants, Government-owned 

11 equipment and installation thereof in such plants, erection 

12 of structures, and acquisition of land, for the foregoing pur13 poses, and such lands and interests therein, may be ac14 quired, and construction prosecuted thereon, prior to ap15 proval of title; reserve plant and Government and con16 tractor-owned equipment layaway, $17,082,508,000, to re17 main available for obligation until September 30, 2015. 

18 PROCUREMENT, DEFENSE-WIDE

19 For expenses of activities and agencies of the Depart20 ment of Defense (other than the military departments) nec21 essary for procurement, production, and modification of 

22 equipment, supplies, materials, and spare parts therefor, 

23 not otherwise provided for; the purchase of passenger motor 

24 vehicles for replacement only; expansion of public and pri25 vate plants, equipment, and installation thereof in such 


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1 plants, erection of structures, and acquisition of land for 

2 the foregoing purposes, and such lands and interests therein, 

3 may be acquired, and construction prosecuted thereon prior 

4 to approval of title; reserve plant and Government and con5 tractor-owned equipment layaway, $4,878,985,000, to re6 main available for obligation until September 30, 2015. 

7 DEFENSE PRODUCTION ACT PURCHASES

8 For activities by the Department of Defense pursuant 

9 to sections 108, 301, 302, and 303 of the Defense Production 

10 Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 

11 $223,531,000, to remain available until expended. 

12 TITLE IV 

13 RESEARCH, DEVELOPMENT, TEST AND 

14 EVALUATION 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

16 For expenses necessary for basic and applied scientific 

17 research, development, test and evaluation, including main18 tenance, rehabilitation, lease, and operation of facilities 

19 and equipment, $8,676,627,000, to remain available for ob20 ligation until September 30, 2014. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

22 For expenses necessary for basic and applied scientific 

23 research, development, test and evaluation, including main24 tenance, rehabilitation, lease, and operation of facilities 

25 and equipment, $16,963,398,000, to remain available for 


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1 obligation until September 30, 2014: Provided, That funds 

2 appropriated in this paragraph which are available for the 

3 V–22 may be used to meet unique operational requirements 

4 of the Special Operations Forces: Provided further, That 

5 funds appropriated in this paragraph shall be available for 

6 the Cobra Judy program. 

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

8 FORCE

9 For expenses necessary for basic and applied scientific 

10 research, development, test and evaluation, including main11 tenance, rehabilitation, lease, and operation of facilities 

12 and equipment, $25,432,738,000, to remain available for 

13 obligation until September 30, 2014. 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 DEFENSE-WIDE

16 (INCLUDING TRANSFER OF FUNDS)

17 For expenses of activities and agencies of the Depart18 ment of Defense (other than the military departments), nec19 essary for basic and applied scientific research, develop20 ment, test and evaluation; advanced research projects as 

21 may be designated and determined by the Secretary of De22 fense, pursuant to law; maintenance, rehabilitation, lease, 

23 and operation of facilities and equipment, $18,631,946,000, 

24 to remain available for obligation until September 30, 

25 2014: Provided, That of the funds made available in this 


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1 paragraph, $250,000,000 for the Defense Rapid Innovation 

2 Program shall only be available for expenses, not otherwise 

3 provided for, to include program management and over4 sight, to conduct research, development, test and evaluation 

5 to include proof of concept demonstration; engineering, test6 ing, and validation; and transition to full-scale production: 

7 Provided further, That the Secretary of Defense may trans8 fer funds provided herein for the Defense Rapid Innovation 

9 Program to appropriations for research, development, test 

10 and evaluation to accomplish the purpose provided herein: 

11 Provided further, That this transfer authority is in addi12 tion to any other transfer authority available to the Depart13 ment of Defense: Provided further, That the Secretary of 

14 Defense shall, not fewer than 30 days prior to making 

15 transfers from this appropriation, notify the congressional 

16 defense committees in writing of the details of any such 

17 transfer. 

18 OPERATIONAL TEST AND EVALUATION, DEFENSE

19 For expenses, not otherwise provided for, necessary for 

20 the independent activities of the Director, Operational Test 

21 and Evaluation, in the direction and supervision of oper22 ational test and evaluation, including initial operational 

23 test and evaluation which is conducted prior to, and in sup24 port of, production decisions; joint operational testing and 

25 evaluation; and administrative expenses in connection 


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1 therewith, $223,768,000, to remain available for obligation 

2 until September 30, 2014. 

3 TITLE V 

4 REVOLVING AND MANAGEMENT FUNDS 

5 DEFENSE WORKING CAPITAL FUNDS

6 For the Defense Working Capital Funds, 

7 $1,516,184,000. 

8 NATIONAL DEFENSE SEALIFT FUND

9 For National Defense Sealift Fund programs, projects, 

10 and activities, and for expenses of the National Defense Re11 serve Fleet, as established by section 11 of the Merchant 

12 Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the 

13 necessary expenses to maintain and preserve a U.S.-flag 

14 merchant fleet to serve the national security needs of the 

15 United States, $697,840,000, to remain available until ex16 pended: Provided, That none of the funds provided in this 

17 paragraph shall be used to award a new contract that pro18 vides for the acquisition of any of the following major com19 ponents unless such components are manufactured in the 

20 United States: auxiliary equipment, including pumps, for 

21 all shipboard services; propulsion system components (en22 gines, reduction gears, and propellers); shipboard cranes; 

23 and spreaders for shipboard cranes: Provided further, That 

24 the exercise of an option in a contract awarded through the 

25 obligation of previously appropriated funds shall not be 


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1 considered to be the award of a new contract: Provided fur2 ther, That the Secretary of the military department respon3 sible for such procurement may waive the restrictions in 

4 the first proviso on a case-by-case basis by certifying in 

5 writing to the Committees on Appropriations of the House 

6 of Representatives and the Senate that adequate domestic 

7 supplies are not available to meet Department of Defense 

8 requirements on a timely basis and that such an acquisition 

9 must be made in order to acquire capability for national 

10 security purposes. 

11 TITLE VI 

12 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

13 DEFENSE HEALTH PROGRAM

14 For expenses, not otherwise provided for, for medical 

15 and health care programs of the Department of Defense as 

16 authorized by law, $32,715,304,000; of which 

17 $30,885,165,000 shall be for operation and maintenance, of 

18 which not to exceed one percent shall remain available until 

19 September 30, 2014, and of which up to $15,934,952,000 

20 may be available for contracts entered into under the 

21 TRICARE program; of which $521,762,000, to remain 

22 available for obligation until September 30, 2015, shall be 

23 for procurement; and of which $1,308,377,000, to remain 

24 available for obligation until September 30, 2014, shall be 

25 for research, development, test and evaluation: Provided, 


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1 That, notwithstanding any other provision of law, of the 

2 amount made available under this heading for research, de3 velopment, test and evaluation, not less than $8,000,000 

4 shall be available for HIV prevention educational activities 

5 undertaken in connection with United States military 

6 training, exercises, and humanitarian assistance activities 

7 conducted primarily in African nations: Provided further, 

8 That of the funds provided to develop a joint Department 

9 of Defense—Department of Veterans Affairs (DOD–VA) in10 tegrated Electronic Health Record, not more than 25 per11 cent may be obligated until the DOD–VA Interagency Pro12 gram Office submits to the Committees on Appropriations 

13 of both Houses of Congress, and such Committees approve, 

14 a plan for expenditure that: (1) defines the budget and cost 

15 baseline for development of the integrated Electronic Health 

16 Record; (2) identifies the deployment timeline for the system 

17 for both agencies; (3) breaks out annual and total spending 

18 for each Department; (4) relays detailed cost-sharing busi19 ness rules; (5) establishes data standardization schedules be20 tween the Departments; (6) has been submitted to the Gov21 ernment Accountability Office for review; and (7) complies 

22 with the acquisition rules, requirements, guidelines, and 

23 systems acquisition management practices of the Federal 

24 Government. 


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1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

2 DEFENSE

3 For expenses, not otherwise provided for, necessary for 

4 the destruction of the United States stockpile of lethal chem5 ical agents and munitions in accordance with the provi6 sions of section 1412 of the Department of Defense Author7 ization Act, 1986 (50 U.S.C. 1521), and for the destruction 

8 of other chemical warfare materials that are not in the 

9 chemical weapon stockpile, $1,301,786,000, of which 

10 $635,843,000 shall be for operation and maintenance, of 

11 which no less than $53,948,000 shall be for the Chemical 

12 Stockpile Emergency Preparedness Program, consisting of 

13 $22,214,000 for activities on military installations and 

14 $31,734,000, to remain available until September 30, 2014, 

15 to assist State and local governments; $18,592,000 shall be 

16 for procurement, to remain available until September 30, 

17 2015, of which $1,823,000 shall be for the Chemical Stock18 pile Emergency Preparedness Program to assist State and 

19 local governments; and $647,351,000, to remain available 

20 until September 30, 2014, shall be for research, develop21 ment, test and evaluation, of which $627,705,000 shall only 

22 be for the Assembled Chemical Weapons Alternatives 

23 (ACWA) program. 


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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of 

5 the Department of Defense, for transfer to appropriations 

6 available to the Department of Defense for military per7 sonnel of the reserve components serving under the provi8 sions of title 10 and title 32, United States Code; for oper9 ation and maintenance; for procurement; and for research, 

10 development, test and evaluation, $1,159,263,000: Provided, 

11 That the funds appropriated under this heading shall be 

12 available for obligation for the same time period and for 

13 the same purpose as the appropriation to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation: 

18 Provided further, That the transfer authority provided 

19 under this heading is in addition to any other transfer au20 thority contained elsewhere in this Act. 

21 OFFICE OF THE INSPECTOR GENERAL

22 For expenses and activities of the Office of the Inspec23 tor General in carrying out the provisions of the Inspector 

24 General Act of 1978, as amended, $350,321,000, of which 

25 $347,621,000 shall be for operation and maintenance, of 


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1 which not to exceed $700,000 is available for emergencies 

2 and extraordinary expenses to be expended on the approval 

3 or authority of the Inspector General, and payments may 

4 be made on the Inspector General’s certificate of necessity 

5 for confidential military purposes; and of which $2,700,000, 

6 to remain available until September 30, 2015, shall be for 

7 procurement. 

8 TITLE VII 

9 RELATED AGENCIES 

10 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

11 DISABILITY SYSTEM FUND

12 For payment to the Central Intelligence Agency Retire13 ment and Disability System Fund, to maintain the proper 

14 funding level for continuing the operation of the Central 

15 Intelligence Agency Retirement and Disability System, 

16 $514,000,000. 

17 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

18 For necessary expenses of the Intelligence Community 

19 Management Account, $534,421,000. 

20 TITLE VIII 

21 GENERAL PROVISIONS 

22 SEC. 8001. No part of any appropriation contained 

23 in this Act shall be used for publicity or propaganda pur24 poses not authorized by the Congress. 


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1 SEC. 8002. During the current fiscal year, provisions 

2 of law prohibiting the payment of compensation to, or em3 ployment of, any person not a citizen of the United States 

4 shall not apply to personnel of the Department of Defense: 

5 Provided, That salary increases granted to direct and indi6 rect hire foreign national employees of the Department of 

7 Defense funded by this Act shall not be at a rate in excess 

8 of the percentage increase authorized by law for civilian 

9 employees of the Department of Defense whose pay is com10 puted under the provisions of section 5332 of title 5, United 

11 States Code, or at a rate in excess of the percentage increase 

12 provided by the appropriate host nation to its own employ13 ees, whichever is higher: Provided further, That this section 

14 shall not apply to Department of Defense foreign service 

15 national employees serving at United States diplomatic 

16 missions whose pay is set by the Department of State under 

17 the Foreign Service Act of 1980: Provided further, That the 

18 limitations of this provision shall not apply to foreign na19 tional employees of the Department of Defense in the Re20 public of Turkey. 

21 SEC. 8003. No part of any appropriation contained 

22 in this Act shall remain available for obligation beyond the 

23 current fiscal year, unless expressly so provided herein. 

24 SEC. 8004. No more than 20 percent of the appropria25 tions in this Act which are limited for obligation during 


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1 the current fiscal year shall be obligated during the last 2 

2 months of the fiscal year: Provided, That this section shall 

3 not apply to obligations for support of active duty training 

4 of reserve components or summer camp training of the Re5 serve Officers’ Training Corps. 

6 (TRANSFER OF FUNDS)

7 SEC. 8005. Upon determination by the Secretary of 

8 Defense that such action is necessary in the national inter9 est, he may, with the approval of the Office of Management 

10 and Budget, transfer not to exceed $4,000,000,000 of work11 ing capital funds of the Department of Defense or funds 

12 made available in this Act to the Department of Defense 

13 for military functions (except military construction) be14 tween such appropriations or funds or any subdivision 

15 thereof, to be merged with and to be available for the same 

16 purposes, and for the same time period, as the appropria17 tion or fund to which transferred: Provided, That such au18 thority to transfer may not be used unless for higher pri19 ority items, based on unforeseen military requirements, 

20 than those for which originally appropriated and in no case 

21 where the item for which funds are requested has been de22 nied by the Congress: Provided further, That the Secretary 

23 of Defense shall notify the Congress promptly of all transfers 

24 made pursuant to this authority or any other authority in 

25 this Act: Provided further, That no part of the funds in 


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1 this Act shall be available to prepare or present a request 

2 to the Committees on Appropriations for reprogramming 

3 of funds, unless for higher priority items, based on unfore4 seen military requirements, than those for which originally 

5 appropriated and in no case where the item for which re6 programming is requested has been denied by the Congress: 

7 Provided further, That a request for multiple 

8 reprogrammings of funds using authority provided in this 

9 section shall be made prior to June 30, 2013: Provided fur10 ther, That transfers among military personnel appropria11 tions shall not be taken into account for purposes of the 

12 limitation on the amount of funds that may be transferred 

13 under this section. 

14 SEC. 8006. (a) With regard to the list of specific pro15 grams, projects, and activities (and the dollar amounts and 

16 adjustments to budget activities corresponding to such pro17 grams, projects, and activities) contained in the tables titled 

18 ‘‘Explanation of Project Level Adjustments’’ in the explana19 tory statement described in section 4 (in the matter pre20 ceding division A of this consolidated Act), the obligation 

21 and expenditure of amounts appropriated or otherwise 

22 made available in this Act for those programs, projects, and 

23 activities for which the amounts appropriated exceed the 

24 amounts requested are hereby required by law to be carried 


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1 out in the manner provided by such tables to the same ex2 tent as if the tables were included in the text of this Act. 

3 (b) Amounts specified in the referenced tables described 

4 in subsection (a) shall not be treated as subdivisions of ap5 propriations for purposes of section 8005 of this Act: Pro6 vided, That section 8005 shall apply when transfers of the 

7 amounts described in subsection (a) occur between appro8 priation accounts. 

9 SEC. 8007. (a) Not later than 60 days after enactment 

10 of this Act, the Department of Defense shall submit a report 

11 to the congressional defense committees to establish the base12 line for application of reprogramming and transfer au13 thorities for fiscal year 2013: Provided, That the report 

14 shall include— 

15 (1) a table for each appropriation with a sepa16 rate column to display the President’s budget request, 

17 adjustments made by Congress, adjustments due to 

18 enacted rescissions, if appropriate, and the fiscal year 

19 enacted level; 

20 (2) a delineation in the table for each appropria21 tion both by budget activity and program, project, 

22 and activity as detailed in the Budget Appendix; and 

23 (3) an identification of items of special congres24 sional interest. 


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1 (b) Notwithstanding section 8005 of this Act, none of 

2 the funds provided in this Act shall be available for re3 programming or transfer until the report identified in sub4 section (a) is submitted to the congressional defense commit5 tees, unless the Secretary of Defense certifies in writing to 

6 the congressional defense committees that such reprogram7 ming or transfer is necessary as an emergency requirement. 

8 (TRANSFER OF FUNDS)

9 SEC. 8008. During the current fiscal year, cash bal10 ances in working capital funds of the Department of De11 fense established pursuant to section 2208 of title 10, United 

12 States Code, may be maintained in only such amounts as 

13 are necessary at any time for cash disbursements to be made 

14 from such funds: Provided, That transfers may be made be15 tween such funds: Provided further, That transfers may be 

16 made between working capital funds and the ‘‘Foreign Cur17 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper18 ation and Maintenance’’ appropriation accounts in such 

19 amounts as may be determined by the Secretary of Defense, 

20 with the approval of the Office of Management and Budget, 

21 except that such transfers may not be made unless the Sec22 retary of Defense has notified the Congress of the proposed 

23 transfer. Except in amounts equal to the amounts appro24 priated to working capital funds in this Act, no obligations 

25 may be made against a working capital fund to procure 


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1 or increase the value of war reserve material inventory, un2 less the Secretary of Defense has notified the Congress prior 

3 to any such obligation. 

4 SEC. 8009. Funds appropriated by this Act may not 

5 be used to initiate a special access program without prior 

6 notification 30 calendar days in advance to the congres7 sional defense committees. 

8 SEC. 8010. None of the funds provided in this Act shall 

9 be available to initiate: (1) a multiyear contract that em10 ploys economic order quantity procurement in excess of 

11 $20,000,000 in any one year of the contract or that includes 

12 an unfunded contingent liability in excess of $20,000,000; 

13 or (2) a contract for advance procurement leading to a 

14 multiyear contract that employs economic order quantity 

15 procurement in excess of $20,000,000 in any one year, un16 less the congressional defense committees have been notified 

17 at least 30 days in advance of the proposed contract award: 

18 Provided, That no part of any appropriation contained in 

19 this Act shall be available to initiate a multiyear contract 

20 for which the economic order quantity advance procurement 

21 is not funded at least to the limits of the Government’s li22 ability: Provided further, That no part of any appropria23 tion contained in this Act shall be available to initiate 

24 multiyear procurement contracts for any systems or compo25 nent thereof if the value of the multiyear contract would 


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1 exceed $500,000,000 unless specifically provided in this Act: 

2 Provided further, That no multiyear procurement contract 

3 can be terminated without 10-day prior notification to the 

4 congressional defense committees: Provided further, That the 

5 execution of multiyear authority shall require the use of a 

6 present value analysis to determine lowest cost compared 

7 to an annual procurement: Provided further, That none of 

8 the funds provided in this Act may be used for a multiyear 

9 contract executed after the date of the enactment of this Act 

10 unless in the case of any such contract— 

11 (1) the Secretary of Defense has submitted to 

12 Congress a budget request for full funding of units to 

13 be procured through the contract and, in the case of 

14 a contract for procurement of aircraft, that includes, 

15 for any aircraft unit to be procured through the con16 tract for which procurement funds are requested in 

17 that budget request for production beyond advance 

18 procurement activities in the fiscal year covered by 

19 the budget, full funding of procurement of such unit 

20 in that fiscal year; 

21 (2) cancellation provisions in the contract do not 

22 include consideration of recurring manufacturing 

23 costs of the contractor associated with the production 

24 of unfunded units to be delivered under the contract; 


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1 (3) the contract provides that payments to the 

2 contractor under the contract shall not be made in 

3 advance of incurred costs on funded units; and 

4 (4) the contract does not provide for a price ad5 justment based on a failure to award a follow-on con6 tract. 

7 Funds appropriated in title III of this Act may be 

8 used for a multiyear procurement contract as follows: 

9 F/A–18E, F/A–18F, and EA–18G aircraft; up to 10 

10 DDG–51 Arleigh Burke class Flight IIA guided missile de11 stroyers, as well as the AEGIS Weapon Systems, MK 41 

12 Vertical Launching Systems, and Commercial Broadband 

13 Satellite Systems associated with those vessels; SSN–774 

14 Virginia class submarine and government-furnished equip15 ment; CH–47 Chinook helicopter; and V–22 Osprey aircraft 

16 variants. 

17 SEC. 8011. Within the funds appropriated for the oper18 ation and maintenance of the Armed Forces, funds are here19 by appropriated pursuant to section 401 of title 10, United 

20 States Code, for humanitarian and civic assistance costs 

21 under chapter 20 of title 10, United States Code. Such funds 

22 may also be obligated for humanitarian and civic assist23 ance costs incidental to authorized operations and pursuant 

24 to authority granted in section 401 of chapter 20 of title 

25 10, United States Code, and these obligations shall be reVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 ported as required by section 401(d) of title 10, United 

2 States Code: Provided, That funds available for operation 

3 and maintenance shall be available for providing humani4 tarian and similar assistance by using Civic Action Teams 

5 in the Trust Territories of the Pacific Islands and freely 

6 associated states of Micronesia, pursuant to the Compact 

7 of Free Association as authorized by Public Law 99–239: 

8 Provided further, That upon a determination by the Sec9 retary of the Army that such action is beneficial for grad10 uate medical education programs conducted at Army med11 ical facilities located in Hawaii, the Secretary of the Army 

12 may authorize the provision of medical services at such fa13 cilities and transportation to such facilities, on a nonreim14 bursable basis, for civilian patients from American Samoa, 

15 the Commonwealth of the Northern Mariana Islands, the 

16 Marshall Islands, the Federated States of Micronesia, 

17 Palau, and Guam. 

18 SEC. 8012. (a) During fiscal year 2013, the civilian 

19 personnel of the Department of Defense may not be man20 aged on the basis of any end-strength, and the management 

21 of such personnel during that fiscal year shall not be subject 

22 to any constraint or limitation (known as an end-strength) 

23 on the number of such personnel who may be employed on 

24 the last day of such fiscal year. 


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1 (b) The fiscal year 2014 budget request for the Depart2 ment of Defense as well as all justification material and 

3 other documentation supporting the fiscal year 2014 De4 partment of Defense budget request shall be prepared and 

5 submitted to the Congress as if subsections (a) and (b) of 

6 this provision were effective with regard to fiscal year 2014. 

7 (c) Nothing in this section shall be construed to apply 

8 to military (civilian) technicians. 

9 SEC. 8013. None of the funds made available by this 

10 Act shall be used in any way, directly or indirectly, to in11 fluence congressional action on any legislation or appro12 priation matters pending before the Congress. 

13 SEC. 8014. None of the funds appropriated by this Act 

14 shall be available for the basic pay and allowances of any 

15 member of the Army participating as a full-time student 

16 and receiving benefits paid by the Secretary of Veterans Af17 fairs from the Department of Defense Education Benefits 

18 Fund when time spent as a full-time student is credited 

19 toward completion of a service commitment: Provided, That 

20 this section shall not apply to those members who have reen21 listed with this option prior to October 1, 1987: Provided 

22 further, That this section applies only to active components 

23 of the Army. 


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1 (TRANSFER OF FUNDS)

2 SEC. 8015. Funds appropriated in title III of this Act 

3 for the Department of Defense Pilot Mentor-Prote ́ge ́ Pro4 gram may be transferred to any other appropriation con5 tained in this Act solely for the purpose of implementing 

6 a Mentor-Prote ́ge ́ Program developmental assistance agree7 ment pursuant to section 831 of the National Defense Au8 thorization Act for Fiscal Year 1991 (Public Law 101–510; 

9 10 U.S.C. 2302 note), as amended, under the authority of 

10 this provision or any other transfer authority contained in 

11 this Act. 

12 SEC. 8016. None of the funds in this Act may be avail13 able for the purchase by the Department of Defense (and 

14 its departments and agencies) of welded shipboard anchor 

15 and mooring chain 4 inches in diameter and under unless 

16 the anchor and mooring chain are manufactured in the 

17 United States from components which are substantially 

18 manufactured in the United States: Provided, That for the 

19 purpose of this section, the term ‘‘manufactured’’ shall in20 clude cutting, heat treating, quality control, testing of chain 

21 and welding (including the forging and shot blasting proc22 ess): Provided further, That for the purpose of this section 

23 substantially all of the components of anchor and mooring 

24 chain shall be considered to be produced or manufactured 

25 in the United States if the aggregate cost of the components 


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1 produced or manufactured in the United States exceeds the 

2 aggregate cost of the components produced or manufactured 

3 outside the United States: Provided further, That when ade4 quate domestic supplies are not available to meet Depart5 ment of Defense requirements on a timely basis, the Sec6 retary of the service responsible for the procurement may 

7 waive this restriction on a case-by-case basis by certifying 

8 in writing to the Committees on Appropriations that such 

9 an acquisition must be made in order to acquire capability 

10 for national security purposes. 

11 SEC. 8017. None of the funds available to the Depart12 ment of Defense may be used to demilitarize or dispose of 

13 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 

14 rifles, .30 caliber rifles, or M–1911 pistols, or to demili15 tarize or destroy small arms ammunition or ammunition 

16 components that are not otherwise prohibited from commer17 cial sale under Federal law, unless the small arms ammuni18 tion or ammunition components are certified by the Sec19 retary of the Army or designee as unserviceable or unsafe 

20 for further use. 

21 SEC. 8018. No more than $500,000 of the funds appro22 priated or made available in this Act shall be used during 

23 a single fiscal year for any single relocation of an organiza24 tion, unit, activity or function of the Department of Defense 

25 into or within the National Capital Region: Provided, That 


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1 the Secretary of Defense may waive this restriction on a 

2 case-by-case basis by certifying in writing to the congres3 sional defense committees that such a relocation is required 

4 in the best interest of the Government. 

5 SEC. 8019. In addition to the funds provided elsewhere 

6 in this Act, $15,000,000 is appropriated only for incentive 

7 payments authorized by section 504 of the Indian Financ8 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime 

9 contractor or a subcontractor at any tier that makes a sub10 contract award to any subcontractor or supplier as defined 

11 in section 1544 of title 25, United States Code, or a small 

12 business owned and controlled by an individual or individ13 uals defined under section 4221(9) of title 25, United States 

14 Code, shall be considered a contractor for the purposes of 

15 being allowed additional compensation under section 504 

16 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 

17 whenever the prime contract or subcontract amount is over 

18 $500,000 and involves the expenditure of funds appro19 priated by an Act making Appropriations for the Depart20 ment of Defense with respect to any fiscal year: Provided 

21 further, That notwithstanding section 1906 of title 41, 

22 United States Code, this section shall be applicable to any 

23 Department of Defense acquisition of supplies or services, 

24 including any contract and any subcontract at any tier for 

25 acquisition of commercial items produced or manufactured, 


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1 in whole or in part, by any subcontractor or supplier de2 fined in section 1544 of title 25, United States Code, or 

3 a small business owned and controlled by an individual or 

4 individuals defined under section 4221(9) of title 25, 

5 United States Code. 

6 SEC. 8020. Funds appropriated by this Act for the De7 fense Media Activity shall not be used for any national or 

8 international political or psychological activities. 

9 SEC. 8021. During the current fiscal year, the Depart10 ment of Defense is authorized to incur obligations of not 

11 to exceed $350,000,000 for purposes specified in section 

12 2350j(c) of title 10, United States Code, in anticipation of 

13 receipt of contributions, only from the Government of Ku14 wait, under that section: Provided, That upon receipt, such 

15 contributions from the Government of Kuwait shall be cred16 ited to the appropriations or fund which incurred such obli17 gations. 

18 SEC. 8022. (a) Of the funds made available in this 

19 Act, not less than $38,634,000 shall be available for the 

20 Civil Air Patrol Corporation, of which— 

21 (1) $28,404,000 shall be available from ‘‘Oper22 ation and Maintenance, Air Force’’ to support Civil 

23 Air Patrol Corporation operation and maintenance, 

24 readiness, counterdrug activities, and drug demand 

25 reduction activities involving youth programs; 


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1 (2) $9,298,000 shall be available from ‘‘Aircraft 

2 Procurement, Air Force’’; and 

3 (3) $932,000 shall be available from ‘‘Other Pro4 curement, Air Force’’ for vehicle procurement. 

5 (b) The Secretary of the Air Force should waive reim6 bursement for any funds used by the Civil Air Patrol for 

7 counter-drug activities in support of Federal, State, and 

8 local government agencies. 

9 SEC. 8023. (a) None of the funds appropriated in this 

10 Act are available to establish a new Department of Defense 

11 (department) federally funded research and development 

12 center (FFRDC), either as a new entity, or as a separate 

13 entity administrated by an organization managing another 

14 FFRDC, or as a nonprofit membership corporation con15 sisting of a consortium of other FFRDCs and other non16 profit entities. 

17 (b) No member of a Board of Directors, Trustees, Over18 seers, Advisory Group, Special Issues Panel, Visiting Com19 mittee, or any similar entity of a defense FFRDC, and no 

20 paid consultant to any defense FFRDC, except when acting 

21 in a technical advisory capacity, may be compensated for 

22 his or her services as a member of such entity, or as a paid 

23 consultant by more than one FFRDC in a fiscal year: Pro24 vided, That a member of any such entity referred to pre25 viously in this subsection shall be allowed travel expenses 


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1 and per diem as authorized under the Federal Joint Travel 

2 Regulations, when engaged in the performance of member3 ship duties. 

4 (c) Notwithstanding any other provision of law, none 

5 of the funds available to the department from any source 

6 during fiscal year 2013 may be used by a defense FFRDC, 

7 through a fee or other payment mechanism, for construction 

8 of new buildings, for payment of cost sharing for projects 

9 funded by Government grants, for absorption of contract 

10 overruns, or for certain charitable contributions, not to in11 clude employee participation in community service and/or 

12 development. 

13 (d) Notwithstanding any other provision of law, of the 

14 funds available to the department during fiscal year 2013, 

15 not more than 5,750 staff years of technical effort (staff 

16 years) may be funded for defense FFRDCs: Provided; That 

17 of the specific amount referred to previously in this sub18 section, not more than 1,125 staff years may be funded for 

19 the defense studies and analysis FFRDCs: Provided further, 

20 That this subsection shall not apply to staff years funded 

21 in the National Intelligence Program (NIP) and the Mili22 tary Intelligence Program (MIP). 

23 (e) The Secretary of Defense shall, with the submission 

24 of the department’s fiscal year 2014 budget request, submit 

25 a report presenting the specific amounts of staff years of 


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1 technical effort to be allocated for each defense FFRDC dur2 ing that fiscal year and the associated budget estimates. 

3 SEC. 8024. None of the funds appropriated or made 

4 available in this Act shall be used to procure carbon, alloy, 

5 or armor steel plate for use in any Government-owned facil6 ity or property under the control of the Department of De7 fense which were not melted and rolled in the United States 

8 or Canada: Provided, That these procurement restrictions 

9 shall apply to any and all Federal Supply Class 9515, 

10 American Society of Testing and Materials (ASTM) or 

11 American Iron and Steel Institute (AISI) specifications of 

12 carbon, alloy or armor steel plate: Provided further, That 

13 the Secretary of the military department responsible for the 

14 procurement may waive this restriction on a case-by-case 

15 basis by certifying in writing to the Committees on Appro16 priations of the House of Representatives and the Senate 

17 that adequate domestic supplies are not available to meet 

18 Department of Defense requirements on a timely basis and 

19 that such an acquisition must be made in order to acquire 

20 capability for national security purposes: Provided further, 

21 That these restrictions shall not apply to contracts which 

22 are in being as of the date of the enactment of this Act. 

23 SEC. 8025. For the purposes of this Act, the term ‘‘con24 gressional defense committees’’ means the Armed Services 

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1 ices Committee of the Senate, the Subcommittee on Defense 

2 of the Committee on Appropriations of the Senate, and the 

3 Subcommittee on Defense of the Committee on Appropria4 tions of the House of Representatives. 

5 SEC. 8026. During the current fiscal year, the Depart6 ment of Defense may acquire the modification, depot main7 tenance and repair of aircraft, vehicles and vessels as well 

8 as the production of components and other Defense-related 

9 articles, through competition between Department of De10 fense depot maintenance activities and private firms: Pro11 vided, That the Senior Acquisition Executive of the military 

12 department or Defense Agency concerned, with power of del13 egation, shall certify that successful bids include comparable 

14 estimates of all direct and indirect costs for both public and 

15 private bids: Provided further, That Office of Management 

16 and Budget Circular A–76 shall not apply to competitions 

17 conducted under this section. 

18 SEC. 8027. (a)(1) If the Secretary of Defense, after con19 sultation with the United States Trade Representative, de20 termines that a foreign country which is party to an agree21 ment described in paragraph (2) has violated the terms of 

22 the agreement by discriminating against certain types of 

23 products produced in the United States that are covered by 

24 the agreement, the Secretary of Defense shall rescind the 

25 Secretary’s blanket waiver of the Buy American Act with 


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1 respect to such types of products produced in that foreign 

2 country. 

3 (2) An agreement referred to in paragraph (1) is any 

4 reciprocal defense procurement memorandum of under5 standing, between the United States and a foreign country 

6 pursuant to which the Secretary of Defense has prospec7 tively waived the Buy American Act for certain products 

8 in that country. 

9 (b) The Secretary of Defense shall submit to the Con10 gress a report on the amount of Department of Defense pur11 chases from foreign entities in fiscal year 2013. Such report 

12 shall separately indicate the dollar value of items for which 

13 the Buy American Act was waived pursuant to any agree14 ment described in subsection (a)(2), the Trade Agreement 

15 Act of 1979 (19 U.S.C. 2501 et seq.), or any international 

16 agreement to which the United States is a party. 

17 (c) For purposes of this section, the term ‘‘Buy Amer18 ican Act’’ means chapter 83 of title 41, United States Code. 

19 SEC. 8028. During the current fiscal year, amounts 

20 contained in the Department of Defense Overseas Military 

21 Facility Investment Recovery Account established by section 

22 2921(c)(1) of the National Defense Authorization Act of 

23 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be 

24 available until expended for the payments specified by sec25 tion 2921(c)(2) of that Act. 


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1 SEC. 8029. (a) Notwithstanding any other provision 

2 of law, the Secretary of the Air Force may convey at no 

3 cost to the Air Force, without consideration, to Indian 

4 tribes located in the States of Nevada, Idaho, North Dakota, 

5 South Dakota, Montana, Oregon, Minnesota, and Wash6 ington relocatable military housing units located at Grand 

7 Forks Air Force Base, Malmstrom Air Force Base, Moun8 tain Home Air Force Base, Ellsworth Air Force Base, and 

9 Minot Air Force Base that are excess to the needs of the 

10 Air Force. 

11 (b) The Secretary of the Air Force shall convey, at no 

12 cost to the Air Force, military housing units under sub13 section (a) in accordance with the request for such units 

14 that are submitted to the Secretary by the Operation Walk15 ing Shield Program on behalf of Indian tribes located in 

16 the States of Nevada, Idaho, North Dakota, South Dakota, 

17 Montana, Oregon, Minnesota, and Washington. Any such 

18 conveyance shall be subject to the condition that the housing 

19 units shall be removed within a reasonable period of time, 

20 as determined by the Secretary. 

21 (c) The Operation Walking Shield Program shall re22 solve any conflicts among requests of Indian tribes for hous23 ing units under subsection (a) before submitting requests 

24 to the Secretary of the Air Force under subsection (b). 


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1 (d) In this section, the term ‘‘Indian tribe’’ means any 

2 recognized Indian tribe included on the current list pub3 lished by the Secretary of the Interior under section 104 

4 of the Federally Recognized Indian Tribe Act of 1994 (Pub5 lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). 

6 SEC. 8030. During the current fiscal year, appropria7 tions which are available to the Department of Defense for 

8 operation and maintenance may be used to purchase items 

9 having an investment item unit cost of not more than 

10 $250,000. 

11 SEC. 8031. (a) During the current fiscal year, none 

12 of the appropriations or funds available to the Department 

13 of Defense Working Capital Funds shall be used for the pur14 chase of an investment item for the purpose of acquiring 

15 a new inventory item for sale or anticipated sale during 

16 the current fiscal year or a subsequent fiscal year to cus17 tomers of the Department of Defense Working Capital 

18 Funds if such an item would not have been chargeable to 

19 the Department of Defense Business Operations Fund dur20 ing fiscal year 1994 and if the purchase of such an invest21 ment item would be chargeable during the current fiscal 

22 year to appropriations made to the Department of Defense 

23 for procurement. 

24 (b) The fiscal year 2014 budget request for the Depart25 ment of Defense as well as all justification material and 


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1 other documentation supporting the fiscal year 2014 De2 partment of Defense budget shall be prepared and submitted 

3 to the Congress on the basis that any equipment which was 

4 classified as an end item and funded in a procurement ap5 propriation contained in this Act shall be budgeted for in 

6 a proposed fiscal year 2014 procurement appropriation and 

7 not in the supply management business area or any other 

8 area or category of the Department of Defense Working 

9 Capital Funds. 

10 SEC. 8032. None of the funds appropriated by this Act 

11 for programs of the Central Intelligence Agency shall re12 main available for obligation beyond the current fiscal year, 

13 except for funds appropriated for the Reserve for Contin14 gencies, which shall remain available until September 30, 

15 2014: Provided, That funds appropriated, transferred, or 

16 otherwise credited to the Central Intelligence Agency Cen17 tral Services Working Capital Fund during this or any 

18 prior or subsequent fiscal year shall remain available until 

19 expended: Provided further, That any funds appropriated 

20 or transferred to the Central Intelligence Agency for ad21 vanced research and development acquisition, for agent op22 erations, and for covert action programs authorized by the 

23 President under section 503 of the National Security Act 

24 of 1947, as amended, shall remain available until Sep25 tember 30, 2014. 


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1 SEC. 8033. Notwithstanding any other provision of 

2 law, funds made available in this Act for the Defense Intel3 ligence Agency may be used for the design, development, and 

4 deployment of General Defense Intelligence Program intel5 ligence communications and intelligence information sys6 tems for the Services, the Unified and Specified Commands, 

7 and the component commands. 

8 SEC. 8034. Of the funds appropriated to the Depart9 ment of Defense under the heading ‘‘Operation and Mainte10 nance, Defense-Wide’’, not less than $12,000,000 shall be 

11 made available only for the mitigation of environmental 

12 impacts, including training and technical assistance to 

13 tribes, related administrative support, the gathering of in14 formation, documenting of environmental damage, and de15 veloping a system for prioritization of mitigation and cost 

16 to complete estimates for mitigation, on Indian lands re17 sulting from Department of Defense activities. 

18 SEC. 8035. (a) None of the funds appropriated in this 

19 Act may be expended by an entity of the Department of 

20 Defense unless the entity, in expending the funds, complies 

21 with the Buy American Act. For purposes of this subsection, 

22 the term ‘‘Buy American Act’’ means chapter 83 of title 

23 41, United States Code. 

24 (b) If the Secretary of Defense determines that a person 

25 has been convicted of intentionally affixing a label bearing 


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1 a ‘‘Made in America’’ inscription to any product sold in 

2 or shipped to the United States that is not made in Amer3 ica, the Secretary shall determine, in accordance with sec4 tion 2410f of title 10, United States Code, whether the per5 son should be debarred from contracting with the Depart6 ment of Defense. 

7 (c) In the case of any equipment or products purchased 

8 with appropriations provided under this Act, it is the sense 

9 of the Congress that any entity of the Department of De10 fense, in expending the appropriation, purchase only Amer11 ican-made equipment and products, provided that Amer12 ican-made equipment and products are cost-competitive, 

13 quality competitive, and available in a timely fashion. 

14 SEC. 8036. None of the funds appropriated by this Act 

15 shall be available for a contract for studies, analysis, or 

16 consulting services entered into without competition on the 

17 basis of an unsolicited proposal unless the head of the activ18 ity responsible for the procurement determines— 

19 (1) as a result of thorough technical evaluation, 

20 only one source is found fully qualified to perform the 

21 proposed work; 

22 (2) the purpose of the contract is to explore an 

23 unsolicited proposal which offers significant scientific 

24 or technological promise, represents the product of 


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1 original thinking, and was submitted in confidence 

2 by one source; or 

3 (3) the purpose of the contract is to take advan4 tage of unique and significant industrial accomplish5 ment by a specific concern, or to insure that a new 

6 product or idea of a specific concern is given finan7 cial support: Provided, That this limitation shall not 

8 apply to contracts in an amount of less than $25,000, 

9 contracts related to improvements of equipment that 

10 is in development or production, or contracts as to 

11 which a civilian official of the Department of Defense, 

12 who has been confirmed by the Senate, determines 

13 that the award of such contract is in the interest of 

14 the national defense. 

15 SEC. 8037. (a) Except as provided in subsections (b) 

16 and (c), none of the funds made available by this Act may 

17 be used— 

18 (1) to establish a field operating agency; or 

19 (2) to pay the basic pay of a member of the 

20 Armed Forces or civilian employee of the department 

21 who is transferred or reassigned from a headquarters 

22 activity if the member or employee’s place of duty re23 mains at the location of that headquarters. 

24 (b) The Secretary of Defense or Secretary of a military 

25 department may waive the limitations in subsection (a), 


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1 on a case-by-case basis, if the Secretary determines, and cer2 tifies to the Committees on Appropriations of the House of 

3 Representatives and Senate that the granting of the waiver 

4 will reduce the personnel requirements or the financial re5 quirements of the department. 

6 (c) This section does not apply to— 

7 (1) field operating agencies funded within the 

8 National Intelligence Program; 

9 (2) an Army field operating agency established 

10 to eliminate, mitigate, or counter the effects of impro11 vised explosive devices, and, as determined by the Sec12 retary of the Army, other similar threats; or 

13 (3) an Army field operating agency established 

14 to improve the effectiveness and efficiencies of biomet15 ric activities and to integrate common biometric tech16 nologies throughout the Department of Defense. 

17 SEC. 8038. None of the funds made available in this 

18 Act may be used to approve or license the sale of the F– 

19 22A advanced tactical fighter to any foreign government: 

20 Provided, That the Department of Defense may conduct or 

21 participate in studies, research, design and other activities 

22 to define and develop a future export version of the F–22A 

23 that protects classified and sensitive information, tech24 nologies and U.S. warfighting capabilities. 


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1 SEC. 8039. (a) None of the funds appropriated by this 

2 Act shall be available to convert to contractor performance 

3 an activity or function of the Department of Defense that, 

4 on or after the date of the enactment of this Act, is per5 formed by Department of Defense civilian employees un6 less— 

7 (1) the conversion is based on the result of a pub8 lic-private competition that includes a most efficient 

9 and cost effective organization plan developed by such 

10 activity or function; 

11 (2) the Competitive Sourcing Official determines 

12 that, over all performance periods stated in the solici13 tation of offers for performance of the activity or 

14 function, the cost of performance of the activity or 

15 function by a contractor would be less costly to the 

16 Department of Defense by an amount that equals or 

17 exceeds the lesser of— 

18 (A) 10 percent of the most efficient organi19 zation’s personnel-related costs for performance 

20 of that activity or function by Federal employ21 ees; or 

22 (B) $10,000,000; and 

23 (3) the contractor does not receive an advantage 

24 for a proposal that would reduce costs for the Depart25 ment of Defense by— 


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1 (A) not making an employer-sponsored 

2 health insurance plan available to the workers 

3 who are to be employed in the performance of 

4 that activity or function under the contract; or 

5 (B) offering to such workers an employer6 sponsored health benefits plan that requires the 

7 employer to contribute less towards the premium 

8 or subscription share than the amount that is 

9 paid by the Department of Defense for health 

10 benefits for civilian employees under chapter 89 

11 of title 5, United States Code. 

12 (b)(1) The Department of Defense, without regard to 

13 subsection (a) of this section or subsection (a), (b), or (c) 

14 of section 2461 of title 10, United States Code, and notwith15 standing any administrative regulation, requirement, or 

16 policy to the contrary shall have full authority to enter into 

17 a contract for the performance of any commercial or indus18 trial type function of the Department of Defense that— 

19 (A) is included on the procurement list estab20 lished pursuant to section 2 of the Javits-Wagner21 O’Day Act (section 8503 of title 41, United States 

22 Code); 

23 (B) is planned to be converted to performance by 

24 a qualified nonprofit agency for the blind or by a 


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1 qualified nonprofit agency for other severely handi2 capped individuals in accordance with that Act; or 

3 (C) is planned to be converted to performance by 

4 a qualified firm under at least 51 percent ownership 

5 by an Indian tribe, as defined in section 4(e) of the 

6 Indian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga8 nization, as defined in section 8(a)(15) of the Small 

9 Business Act (15 U.S.C. 637(a)(15)). 

10 (2) This section shall not apply to depot contracts or 

11 contracts for depot maintenance as provided in sections 

12 2469 and 2474 of title 10, United States Code. 

13 (c) The conversion of any activity or function of the 

14 Department of Defense under the authority provided by this 

15 section shall be credited toward any competitive or out16 sourcing goal, target, or measurement that may be estab17 lished by statute, regulation, or policy and is deemed to 

18 be awarded under the authority of, and in compliance with, 

19 subsection (h) of section 2304 of title 10, United States 

20 Code, for the competition or outsourcing of commercial ac21 tivities. 

22 (RESCISSIONS)

23 SEC. 8040. Of the funds appropriated in Department 

24 of Defense Appropriations Acts, the following funds are 


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1 hereby rescinded from the following accounts and programs 

2 in the specified amounts: 

3 ‘‘Shipbuilding and Conversion, Navy, 2007/ 

4 2018’’: DDG–51 Destroyer, $98,400,000; 

5 ‘‘Shipbuilding and Conversion, Navy, 2007/ 

6 2018’’: DDG–51 Destroyer Advance Procurement, 

7 $2,500,000; 

8 ‘‘Shipbuilding and Conversion, Navy, 2007/ 

9 2018’’: CVN Refueling Overhaul, $14,100,000; 

10 ‘‘Procurement of Ammunition, Army, 2011/ 

11 2013’’, $14,862,000; 

12 ‘‘Other Procurement, Army, 2011/2013’’, 

13 $108,098,000; 

14 ‘‘Aircraft Procurement, Navy, 2011/2013’’, 

15 $43,860,000; 

16 ‘‘Shipbuilding and Conversion, Navy, 2011/ 

17 2015’’: DDG–51 Destroyer, $215,300,000; 

18 ‘‘Weapons Procurement, Navy, 2011/2013’’, 

19 $22,000,000; 

20 ‘‘Aircraft Procurement, Air Force, 2011/2013’’, 

21 $93,400,000; 

22 ‘‘Other Procurement, Air Force, 2011/2013’’, 

23 $9,500,000; 

24 ‘‘Operation and Maintenance, Defense-Wide, 

25 2012/XXXX’’, $21,000,000; 


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1 ‘‘Aircraft Procurement, Army, 2012/2014’’, 

2 $47,400,000; 

3 ‘‘Other Procurement, Army, 2012/2014’’, 

4 $179,608,000; 

5 ‘‘Aircraft Procurement, Navy, 2012/2014’’, 

6 $19,040,000; 

7 ‘‘Shipbuilding and Conversion, Navy, 2012/ 

8 2016’’: Littoral Combat Ship, $28,800,000; 

9 ‘‘Shipbuilding and Conversion, Navy, 2012/ 

10 2016’’: DDG–51 Destroyer, $83,000,000; 

11 ‘‘Weapons Procurement, Navy, 2012/2014’’, 

12 $36,467,000; 

13 ‘‘Procurement of Ammunition, Navy and Marine 

14 Corps, 2012/2014’’, $16,300,000; 

15 ‘‘Procurement, Marine Corps, 2012/2014’’, 

16 $132,555,000; 

17 ‘‘Aircraft Procurement, Air Force, 2012/2014’’, 

18 $394,299,000; 

19 ‘‘Missile Procurement, Air Force, 2012/2014’’, 

20 $52,898,000; 

21 ‘‘Other Procurement, Air Force, 2012/2014’’, 

22 $55,800,000; 

23 ‘‘Procurement, Defense-Wide, 2012/2014’’, 

24 $16,000,000; 


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1 ‘‘Research, Development, Test and Evaluation, 

2 Army, 2012/2013’’, $41,000,000; 

3 ‘‘Research, Development, Test and Evaluation, 

4 Navy, 2012/2013’’, $246,800,000; 

5 ‘‘Research, Development, Test and Evaluation, 

6 Air Force, 2012/2013’’, $149,460,000. 

7 SEC. 8041. None of the funds available in this Act may 

8 be used to reduce the authorized positions for military tech9 nicians (dual status) of the Army National Guard, Air Na10 tional Guard, Army Reserve and Air Force Reserve for the 

11 purpose of applying any administratively imposed civilian 

12 personnel ceiling, freeze, or reduction on military techni13 cians (dual status), unless such reductions are a direct re14 sult of a reduction in military force structure. 

15 SEC. 8042. None of the funds appropriated or other16 wise made available in this Act may be obligated or ex17 pended for assistance to the Democratic People’s Republic 

18 of Korea unless specifically appropriated for that purpose. 

19 SEC. 8043. Funds appropriated in this Act for oper20 ation and maintenance of the Military Departments, Com21 batant Commands and Defense Agencies shall be available 

22 for reimbursement of pay, allowances and other expenses 

23 which would otherwise be incurred against appropriations 

24 for the National Guard and Reserve when members of the 

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1 terintelligence support to Combatant Commands, Defense 

2 Agencies and Joint Intelligence Activities, including the ac3 tivities and programs included within the National Intel4 ligence Program and the Military Intelligence Program: 

5 Provided, That nothing in this section authorizes deviation 

6 from established Reserve and National Guard personnel and 

7 training procedures. 

8 SEC. 8044. During the current fiscal year, none of the 

9 funds appropriated in this Act may be used to reduce the 

10 civilian medical and medical support personnel assigned to 

11 military treatment facilities below the September 30, 2003, 

12 level: Provided, That the Service Surgeons General may 

13 waive this section by certifying to the congressional defense 

14 committees that the beneficiary population is declining in 

15 some catchment areas and civilian strength reductions may 

16 be consistent with responsible resource stewardship and 

17 capitation-based budgeting. 

18 SEC. 8045. (a) None of the funds available to the De19 partment of Defense for any fiscal year for drug interdic20 tion or counter-drug activities may be transferred to any 

21 other department or agency of the United States except as 

22 specifically provided in an appropriations law. 

23 (b) None of the funds available to the Central Intel24 ligence Agency for any fiscal year for drug interdiction and 

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1 partment or agency of the United States except as specifi2 cally provided in an appropriations law. 

3 SEC. 8046. None of the funds appropriated by this Act 

4 may be used for the procurement of ball and roller bearings 

5 other than those produced by a domestic source and of do6 mestic origin: Provided, That the Secretary of the military 

7 department responsible for such procurement may waive 

8 this restriction on a case-by-case basis by certifying in writ9 ing to the Committees on Appropriations of the House of 

10 Representatives and the Senate, that adequate domestic 

11 supplies are not available to meet Department of Defense 

12 requirements on a timely basis and that such an acquisition 

13 must be made in order to acquire capability for national 

14 security purposes: Provided further, That this restriction 

15 shall not apply to the purchase of ‘‘commercial items’’, as 

16 defined by section 4(12) of the Office of Federal Procure17 ment Policy Act, except that the restriction shall apply to 

18 ball or roller bearings purchased as end items. 

19 SEC. 8047. None of the funds in this Act may be used 

20 to purchase any supercomputer which is not manufactured 

21 in the United States, unless the Secretary of Defense cer22 tifies to the congressional defense committees that such an 

23 acquisition must be made in order to acquire capability for 

24 national security purposes that is not available from 

25 United States manufacturers. 


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1 SEC. 8048. None of the funds made available in this 

2 or any other Act may be used to pay the salary of any 

3 officer or employee of the Department of Defense who ap4 proves or implements the transfer of administrative respon5 sibilities or budgetary resources of any program, project, 

6 or activity financed by this Act to the jurisdiction of an7 other Federal agency not financed by this Act without the 

8 express authorization of Congress: Provided, That this limi9 tation shall not apply to transfers of funds expressly pro10 vided for in Defense Appropriations Acts, or provisions of 

11 Acts providing supplemental appropriations for the De12 partment of Defense. 

13 SEC. 8049. (a) Notwithstanding any other provision 

14 of law, none of the funds available to the Department of 

15 Defense for the current fiscal year may be obligated or ex16 pended to transfer to another nation or an international 

17 organization any defense articles or services (other than in18 telligence services) for use in the activities described in sub19 section (b) unless the congressional defense committees, the 

20 Committee on Foreign Affairs of the House of Representa21 tives, and the Committee on Foreign Relations of the Senate 

22 are notified 15 days in advance of such transfer. 

23 (b) This section applies to— 

24 (1) any international peacekeeping or peace-en25 forcement operation under the authority of chapter VI 


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1 or chapter VII of the United Nations Charter under 

2 the authority of a United Nations Security Council 

3 resolution; and 

4 (2) any other international peacekeeping, peace5 enforcement, or humanitarian assistance operation. 

6 (c) A notice under subsection (a) shall include the fol7 lowing: 

8 (1) A description of the equipment, supplies, or 

9 services to be transferred. 

10 (2) A statement of the value of the equipment, 

11 supplies, or services to be transferred. 

12 (3) In the case of a proposed transfer of equip13 ment or supplies— 

14 (A) a statement of whether the inventory re15 quirements of all elements of the Armed Forces 

16 (including the reserve components) for the type 

17 of equipment or supplies to be transferred have 

18 been met; and 

19 (B) a statement of whether the items pro20 posed to be transferred will have to be replaced 

21 and, if so, how the President proposes to provide 

22 funds for such replacement. 

23 SEC. 8050. None of the funds available to the Depart24 ment of Defense under this Act shall be obligated or ex25 pended to pay a contractor under a contract with the DeVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00528 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 partment of Defense for costs of any amount paid by the 

2 contractor to an employee when— 

3 (1) such costs are for a bonus or otherwise in ex4 cess of the normal salary paid by the contractor to the 

5 employee; and 

6 (2) such bonus is part of restructuring costs asso7 ciated with a business combination. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8051. During the current fiscal year, no more 

10 than $30,000,000 of appropriations made in this Act under 

11 the heading ‘‘Operation and Maintenance, Defense-Wide’’ 

12 may be transferred to appropriations available for the pay 

13 of military personnel, to be merged with, and to be available 

14 for the same time period as the appropriations to which 

15 transferred, to be used in support of such personnel in con16 nection with support and services for eligible organizations 

17 and activities outside the Department of Defense pursuant 

18 to section 2012 of title 10, United States Code. 

19 SEC. 8052. During the current fiscal year, in the case 

20 of an appropriation account of the Department of Defense 

21 for which the period of availability for obligation has ex22 pired or which has closed under the provisions of section 

23 1552 of title 31, United States Code, and which has a nega24 tive unliquidated or unexpended balance, an obligation or 

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1 rent appropriation account for the same purpose as the ex2 pired or closed account if— 

3 (1) the obligation would have been properly 

4 chargeable (except as to amount) to the expired or 

5 closed account before the end of the period of avail6 ability or closing of that account; 

7 (2) the obligation is not otherwise properly 

8 chargeable to any current appropriation account of 

9 the Department of Defense; and 

10 (3) in the case of an expired account, the obliga11 tion is not chargeable to a current appropriation of 

12 the Department of Defense under the provisions of sec13 tion 1405(b)(8) of the National Defense Authorization 

14 Act for Fiscal Year 1991, Public Law 101–510, as 

15 amended (31 U.S.C. 1551 note): Provided, That in 

16 the case of an expired account, if subsequent review 

17 or investigation discloses that there was not in fact a 

18 negative unliquidated or unexpended balance in the 

19 account, any charge to a current account under the 

20 authority of this section shall be reversed and re21 corded against the expired account: Provided further, 

22 That the total amount charged to a current appro23 priation under this section may not exceed an 

24 amount equal to 1 percent of the total appropriation 

25 for that account. 


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1 SEC. 8053. (a) Notwithstanding any other provision 

2 of law, the Chief of the National Guard Bureau may permit 

3 the use of equipment of the National Guard Distance Learn4 ing Project by any person or entity on a space-available, 

5 reimbursable basis. The Chief of the National Guard Bu6 reau shall establish the amount of reimbursement for such 

7 use on a case-by-case basis. 

8 (b) Amounts collected under subsection (a) shall be 

9 credited to funds available for the National Guard Distance 

10 Learning Project and be available to defray the costs associ11 ated with the use of equipment of the project under that 

12 subsection. Such funds shall be available for such purposes 

13 without fiscal year limitation. 

14 SEC. 8054. Using funds made available by this Act 

15 or any other Act, the Secretary of the Air Force, pursuant 

16 to a determination under section 2690 of title 10, United 

17 States Code, may implement cost-effective agreements for 

18 required heating facility modernization in the 

19 Kaiserslautern Military Community in the Federal Repub20 lic of Germany: Provided, That in the City of 

21 Kaiserslautern and at the Rhine Ordnance Barracks area, 

22 such agreements will include the use of United States an23 thracite as the base load energy for municipal district heat 

24 to the United States Defense installations: Provided further, 

25 That at Landstuhl Army Regional Medical Center and 


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1 Ramstein Air Base, furnished heat may be obtained from 

2 private, regional or municipal services, if provisions are in3 cluded for the consideration of United States coal as an en4 ergy source. 

5 SEC. 8055. None of the funds appropriated in title IV 

6 of this Act may be used to procure end-items for delivery 

7 to military forces for operational training, operational use 

8 or inventory requirements: Provided, That this restriction 

9 does not apply to end-items used in development, proto10 typing, and test activities preceding and leading to accept11 ance for operational use: Provided further, That this restric12 tion does not apply to programs funded within the National 

13 Intelligence Program: Provided further, That the Secretary 

14 of Defense may waive this restriction on a case-by-case basis 

15 by certifying in writing to the Committees on Appropria16 tions of the House of Representatives and the Senate that 

17 it is in the national security interest to do so. 

18 SEC. 8056. (a) The Secretary of Defense may, on a 

19 case-by-case basis, waive with respect to a foreign country 

20 each limitation on the procurement of defense items from 

21 foreign sources provided in law if the Secretary determines 

22 that the application of the limitation with respect to that 

23 country would invalidate cooperative programs entered into 

24 between the Department of Defense and the foreign country, 

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1 curement of defense items entered into under section 2531 

2 of title 10, United States Code, and the country does not 

3 discriminate against the same or similar defense items pro4 duced in the United States for that country. 

5 (b) Subsection (a) applies with respect to— 

6 (1) contracts and subcontracts entered into on or 

7 after the date of the enactment of this Act; and 

8 (2) options for the procurement of items that are 

9 exercised after such date under contracts that are en10 tered into before such date if the option prices are ad11 justed for any reason other than the application of a 

12 waiver granted under subsection (a). 

13 (c) Subsection (a) does not apply to a limitation re14 garding construction of public vessels, ball and roller bear15 ings, food, and clothing or textile materials as defined by 

16 section 11 (chapters 50–65) of the Harmonized Tariff 

17 Schedule and products classified under headings 4010, 

18 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 

19 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

20 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

21 SEC. 8057. (a) None of the funds made available by 

22 this Act may be used to support any training program in23 volving a unit of the security forces or police of a foreign 

24 country if the Secretary of Defense has received credible in25 formation from the Department of State that the unit has 


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1 committed a gross violation of human rights, unless all nec2 essary corrective steps have been taken. 

3 (b) The Secretary of Defense, in consultation with the 

4 Secretary of State, shall ensure that prior to a decision to 

5 conduct any training program referred to in subsection (a), 

6 full consideration is given to all credible information avail7 able to the Department of State relating to human rights 

8 violations by foreign security forces. 

9 (c) The Secretary of Defense, after consultation with 

10 the Secretary of State, may waive the prohibition in sub11 section (a) if he determines that such waiver is required 

12 by extraordinary circumstances. 

13 (d) Not more than 15 days after the exercise of any 

14 waiver under subsection (c), the Secretary of Defense shall 

15 submit a report to the congressional defense committees de16 scribing the extraordinary circumstances, the purpose and 

17 duration of the training program, the United States forces 

18 and the foreign security forces involved in the training pro19 gram, and the information relating to human rights viola20 tions that necessitates the waiver. 

21 SEC. 8058. None of the funds appropriated or other22 wise made available by this or other Department of Defense 

23 Appropriations Acts may be obligated or expended for the 

24 purpose of performing repairs or maintenance to military 

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1 ing areas in such military family housing units that may 

2 be used for the purpose of conducting official Department 

3 of Defense business. 

4 SEC. 8059. Notwithstanding any other provision of 

5 law, funds appropriated in this Act under the heading ‘‘Re6 search, Development, Test and Evaluation, Defense-Wide’’ 

7 for any new start advanced concept technology demonstra8 tion project or joint capability demonstration project may 

9 only be obligated 45 days after a report, including a de10 scription of the project, the planned acquisition and transi11 tion strategy and its estimated annual and total cost, has 

12 been provided in writing to the congressional defense com13 mittees: Provided, That the Secretary of Defense may waive 

14 this restriction on a case-by-case basis by certifying to the 

15 congressional defense committees that it is in the national 

16 interest to do so. 

17 SEC. 8060. The Secretary of Defense shall provide a 

18 classified quarterly report beginning 30 days after enact19 ment of this Act, to the House and Senate Appropriations 

20 Committees, Subcommittees on Defense on certain matters 

21 as directed in the classified annex accompanying this Act. 

22 SEC. 8061. During the current fiscal year, none of the 

23 funds available to the Department of Defense may be used 

24 to provide support to another department or agency of the 

25 United States if such department or agency is more than 


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1 90 days in arrears in making payment to the Department 

2 of Defense for goods or services previously provided to such 

3 department or agency on a reimbursable basis: Provided, 

4 That this restriction shall not apply if the department is 

5 authorized by law to provide support to such department 

6 or agency on a nonreimbursable basis, and is providing the 

7 requested support pursuant to such authority: Provided fur8 ther, That the Secretary of Defense may waive this restric9 tion on a case-by-case basis by certifying in writing to the 

10 Committees on Appropriations of the House of Representa11 tives and the Senate that it is in the national security inter12 est to do so. 

13 SEC. 8062. Notwithstanding section 12310(b) of title 

14 10, United States Code, a Reserve who is a member of the 

15 National Guard serving on full-time National Guard duty 

16 under section 502(f) of title 32, United States Code, may 

17 perform duties in support of the ground-based elements of 

18 the National Ballistic Missile Defense System. 

19 SEC. 8063. None of the funds provided in this Act may 

20 be used to transfer to any nongovernmental entity ammuni21 tion held by the Department of Defense that has a center22 fire cartridge and a United States military nomenclature 

23 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 

24 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in25 cendiary tracer (API–T)’’, except to an entity performing 


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1 demilitarization services for the Department of Defense 

2 under a contract that requires the entity to demonstrate to 

3 the satisfaction of the Department of Defense that armor 

4 piercing projectiles are either: (1) rendered incapable of 

5 reuse by the demilitarization process; or (2) used to manu6 facture ammunition pursuant to a contract with the De7 partment of Defense or the manufacture of ammunition for 

8 export pursuant to a License for Permanent Export of Un9 classified Military Articles issued by the Department of 

10 State. 

11 SEC. 8064. Notwithstanding any other provision of 

12 law, the Chief of the National Guard Bureau, or his des13 ignee, may waive payment of all or part of the consider14 ation that otherwise would be required under section 2667 

15 of title 10, United States Code, in the case of a lease of 

16 personal property for a period not in excess of 1 year to 

17 any organization specified in section 508(d) of title 32, 

18 United States Code, or any other youth, social, or fraternal 

19 nonprofit organization as may be approved by the Chief 

20 of the National Guard Bureau, or his designee, on a case21 by-case basis. 

22 SEC. 8065. None of the funds appropriated by this Act 

23 shall be used for the support of any nonappropriated funds 

24 activity of the Department of Defense that procures malt 

25 beverages and wine with nonappropriated funds for resale 


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1 (including such alcoholic beverages sold by the drink) on 

2 a military installation located in the United States unless 

3 such malt beverages and wine are procured within that 

4 State, or in the case of the District of Columbia, within 

5 the District of Columbia, in which the military installation 

6 is located: Provided, That in a case in which the military 

7 installation is located in more than one State, purchases 

8 may be made in any State in which the installation is lo9 cated: Provided further, That such local procurement re10 quirements for malt beverages and wine shall apply to all 

11 alcoholic beverages only for military installations in States 

12 which are not contiguous with another State: Provided fur13 ther, That alcoholic beverages other than wine and malt bev14 erages, in contiguous States and the District of Columbia 

15 shall be procured from the most competitive source, price 

16 and other factors considered. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8066. Of the amounts appropriated in this Act 

19 under the heading ‘‘Operation and Maintenance, Army’’, 

20 $133,381,000 shall remain available until expended: Pro21 vided, That notwithstanding any other provision of law, the 

22 Secretary of Defense is authorized to transfer such funds 

23 to other activities of the Federal Government: Provided fur24 ther, That the Secretary of Defense is authorized to enter 

25 into and carry out contracts for the acquisition of real 


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1 property, construction, personal services, and operations re2 lated to projects carrying out the purposes of this section: 

3 Provided further, That contracts entered into under the au4 thority of this section may provide for such indemnification 

5 as the Secretary determines to be necessary: Provided fur6 ther, That projects authorized by this section shall comply 

7 with applicable Federal, State, and local law to the max8 imum extent consistent with the national security, as deter9 mined by the Secretary of Defense. 

10 SEC. 8067. Section 8106 of the Department of Defense 

11 Appropriations Act, 1997 (titles I through VIII of the mat12 ter under subsection 101(b) of Public Law 104–208; 110 

13 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect 

14 to apply to disbursements that are made by the Department 

15 of Defense in fiscal year 2013. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8068. During the current fiscal year, not to ex18 ceed $200,000,000 from funds available under ‘‘Operation 

19 and Maintenance, Defense-Wide’’ may be transferred to the 

20 Department of State ‘‘Global Security Contingency Fund’’: 

21 Provided, That this transfer authority is in addition to any 

22 other transfer authority available to the Department of De23 fense: Provided further, That the Secretary of Defense shall, 

24 not fewer than 30 days prior to making transfers to the 

25 Department of State ‘‘Global Security Contingency Fund’’, 


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1 notify the congressional defense committees in writing with 

2 the source of funds and a detailed justification, execution 

3 plan, and timeline for each proposed project. 

4 SEC. 8069. In addition to amounts provided elsewhere 

5 in this Act, $4,000,000 is hereby appropriated to the De6 partment of Defense, to remain available for obligation 

7 until expended: Provided, That notwithstanding any other 

8 provision of law, that upon the determination of the Sec9 retary of Defense that it shall serve the national interest, 

10 these funds shall be available only for a grant to the Fisher 

11 House Foundation, Inc., only for the construction and fur12 nishing of additional Fisher Houses to meet the needs of 

13 military family members when confronted with the illness 

14 or hospitalization of an eligible military beneficiary. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8070. Of the amounts appropriated in this Act 

17 under the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Re18 search, Development, Test and Evaluation, Defense-Wide’’, 

19 $479,736,000 shall be for the Israeli Cooperative Programs: 

20 Provided, That of this amount, $211,000,000 shall be for 

21 the Secretary of Defense to provide to the Government of 

22 Israel for the procurement of the Iron Dome defense system 

23 to counter short-range rocket threats, $149,679,000 shall be 

24 for the Short Range Ballistic Missile Defense (SRBMD) 

25 program, including cruise missile defense research and deVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00540 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 velopment under the SRBMD program, of which 

2 $39,200,000 shall be for production activities of SRBMD 

3 missiles in the United States and in Israel to meet Israel’s 

4 defense requirements consistent with each nation’s laws, 

5 regulations, and procedures, $74,692,000 shall be available 

6 for an upper-tier component to the Israeli Missile Defense 

7 Architecture, and $44,365,000 shall be for the Arrow Sys8 tem Improvement Program including development of a long 

9 range, ground and airborne, detection suite: Provided fur10 ther, That funds made available under this provision for 

11 production of missiles and missile components may be 

12 transferred to appropriations available for the procurement 

13 of weapons and equipment, to be merged with and to be 

14 available for the same time period and the same purposes 

15 as the appropriation to which transferred: Provided further, 

16 That the transfer authority provided under this provision 

17 is in addition to any other transfer authority contained in 

18 this Act. 

19 SEC. 8071. (a) None of the funds available to the De20 partment of Defense may be obligated to modify command 

21 and control relationships to give Fleet Forces Command 

22 operational and administrative control of U.S. Navy forces 

23 assigned to the Pacific fleet. 

24 (b) None of the funds available to the Department of 

25 Defense may be obligated to modify command and control 


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1 relationships to give United States Transportation Com2 mand operational and administrative control of C–130 and 

3 KC–135 forces assigned to the Pacific and European Air 

4 Force Commands. 

5 (c) The command and control relationships in sub6 sections (a) and (b) which existed on March 13, 2011, shall 

7 remain in force unless changes are specifically authorized 

8 in a subsequent Act. 

9 (d) This subsection does not apply to administrative 

10 control of Navy Air and Missile Defense Command. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8072. Of the amounts appropriated in this Act 

13 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

14 $372,573,000 shall be available until September 30, 2013, 

15 to fund prior year shipbuilding cost increases: Provided, 

16 That upon enactment of this Act, the Secretary of the Navy 

17 shall transfer funds to the following appropriations in the 

18 amounts specified: Provided further, That the amounts 

19 transferred shall be merged with and be available for the 

20 same purposes as the appropriations to which transferred 

21 to: 

22 (1) Under the heading ‘‘Shipbuilding and Con23 version, Navy, 2007/2013’’: LHA Replacement Pro24 gram $156,685,000; 


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1 (2) Under the heading ‘‘Shipbuilding and Con2 version, Navy, 2008/2013’’: LPD–17 Amphibious 

3 Transport Dock Program $80,888,000; and 

4 (3) Under the heading ‘‘Shipbuilding and Con5 version, Navy, 2009/2013’’: CVN Refueling Overhauls 

6 Program $135,000,000. 

7 SEC. 8073. Funds appropriated by this Act, or made 

8 available by the transfer of funds in this Act, for intelligence 

9 activities are deemed to be specifically authorized by the 

10 Congress for purposes of section 504 of the National Secu11 rity Act of 1947 (50 U.S.C. 414) during fiscal year 2013 

12 until the enactment of the Intelligence Authorization Act 

13 for Fiscal Year 2013. 

14 SEC. 8074. None of the funds provided in this Act shall 

15 be available for obligation or expenditure through a re16 programming of funds that creates or initiates a new pro17 gram, project, or activity unless such program, project, or 

18 activity must be undertaken immediately in the interest of 

19 national security and only after written prior notification 

20 to the congressional defense committees. 

21 SEC. 8075. The budget of the President for fiscal year 

22 2014 submitted to the Congress pursuant to section 1105 

23 of title 31, United States Code, shall include separate budget 

24 justification documents for costs of United States Armed 

25 Forces’ participation in contingency operations for the 


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1 Military Personnel accounts, the Operation and Mainte2 nance accounts, and the Procurement accounts: Provided, 

3 That these documents shall include a description of the 

4 funding requested for each contingency operation, for each 

5 military service, to include all Active and Reserve compo6 nents, and for each appropriations account: Provided fur7 ther, That these documents shall include estimated costs for 

8 each element of expense or object class, a reconciliation of 

9 increases and decreases for each contingency operation, and 

10 programmatic data including, but not limited to, troop 

11 strength for each Active and Reserve component, and esti12 mates of the major weapons systems deployed in support 

13 of each contingency: Provided further, That these documents 

14 shall include budget exhibits OP–5 and OP–32 (as defined 

15 in the Department of Defense Financial Management Regu16 lation) for all contingency operations for the budget year 

17 and the two preceding fiscal years. 

18 SEC. 8076. None of the funds in this Act may be used 

19 for research, development, test, evaluation, procurement or 

20 deployment of nuclear armed interceptors of a missile de21 fense system. 

22 SEC. 8077. In addition to the amounts appropriated 

23 or otherwise made available elsewhere in this Act, 

24 $44,000,000 is hereby appropriated to the Department of 

25 Defense: Provided, That upon the determination of the SecVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 retary of Defense that it shall serve the national interest, 

2 he shall make grants in the amounts specified as follows: 

3 $20,000,000 to the United Service Organizations and 

4 $24,000,000 to the Red Cross. 

5 SEC. 8078. None of the funds appropriated or made 

6 available in this Act shall be used to reduce or disestablish 

7 the operation of the 53rd Weather Reconnaissance Squad8 ron of the Air Force Reserve, if such action would reduce 

9 the WC–130 Weather Reconnaissance mission below the lev10 els funded in this Act: Provided, That the Air Force shall 

11 allow the 53rd Weather Reconnaissance Squadron to per12 form other missions in support of national defense require13 ments during the non-hurricane season. 

14 SEC. 8079. None of the funds provided in this Act shall 

15 be available for integration of foreign intelligence informa16 tion unless the information has been lawfully collected and 

17 processed during the conduct of authorized foreign intel18 ligence activities: Provided, That information pertaining to 

19 United States persons shall only be handled in accordance 

20 with protections provided in the Fourth Amendment of the 

21 United States Constitution as implemented through Execu22 tive Order No. 12333. 

23 SEC. 8080. (a) At the time members of reserve compo24 nents of the Armed Forces are called or ordered to active 

25 duty under section 12302(a) of title 10, United States Code, 


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1 each member shall be notified in writing of the expected 

2 period during which the member will be mobilized. 

3 (b) The Secretary of Defense may waive the require4 ments of subsection (a) in any case in which the Secretary 

5 determines that it is necessary to do so to respond to a na6 tional security emergency or to meet dire operational re7 quirements of the Armed Forces. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8081. The Secretary of Defense may transfer 

10 funds from any available Department of the Navy appro11 priation to any available Navy ship construction appro12 priation for the purpose of liquidating necessary changes 

13 resulting from inflation, market fluctuations, or rate adjust14 ments for any ship construction program appropriated in 

15 law: Provided, That the Secretary may transfer not to ex16 ceed $100,000,000 under the authority provided by this sec17 tion: Provided further, That the Secretary may not transfer 

18 any funds until 30 days after the proposed transfer has been 

19 reported to the Committees on Appropriations of the House 

20 of Representatives and the Senate, unless a response from 

21 the Committees is received sooner: Provided further, That 

22 any funds transferred pursuant to this section shall retain 

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1 vided by this section is in addition to any other transfer 

2 authority contained elsewhere in this Act. 

3 SEC. 8082. For purposes of section 7108 of title 41, 

4 United States Code, any subdivision of appropriations 

5 made under the heading ‘‘Shipbuilding and Conversion, 

6 Navy’’ that is not closed at the time reimbursement is made 

7 shall be available to reimburse the Judgment Fund and 

8 shall be considered for the same purposes as any subdivision 

9 under the heading ‘‘Shipbuilding and Conversion, Navy’’ 

10 appropriations in the current fiscal year or any prior fiscal 

11 year. 

12 SEC. 8083. (a) None of the funds appropriated by this 

13 Act may be used to transfer research and development, ac14 quisition, or other program authority relating to current 

15 tactical unmanned aerial vehicles (TUAVs) from the Army. 

16 (b) The Army shall retain responsibility for and oper17 ational control of the MQ–1C Gray Eagle Unmanned Aerial 

18 Vehicle (UAV) in order to support the Secretary of Defense 

19 in matters relating to the employment of unmanned aerial 

20 vehicles. 

21 SEC. 8084. Up to $15,000,000 of the funds appro22 priated under the heading ‘‘Operation and Maintenance, 

23 Navy’’ may be made available for the Asia Pacific Regional 

24 Initiative Program for the purpose of enabling the Pacific 

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1 ties such as humanitarian assistance, and payment of in2 cremental and personnel costs of training and exercising 

3 with foreign security forces: Provided, That funds made 

4 available for this purpose may be used, notwithstanding 

5 any other funding authorities for humanitarian assistance, 

6 security assistance or combined exercise expenses: Provided 

7 further, That funds may not be obligated to provide assist8 ance to any foreign country that is otherwise prohibited 

9 from receiving such type of assistance under any other pro10 vision of law. 

11 SEC. 8085. None of the funds appropriated by this Act 

12 for programs of the Office of the Director of National Intel13 ligence shall remain available for obligation beyond the cur14 rent fiscal year, except for funds appropriated for research 

15 and technology, which shall remain available until Sep16 tember 30, 2014. 

17 SEC. 8086. For purposes of section 1553(b) of title 31, 

18 United States Code, any subdivision of appropriations 

19 made in this Act under the heading ‘‘Shipbuilding and 

20 Conversion, Navy’’ shall be considered to be for the same 

21 purpose as any subdivision under the heading ‘‘Ship22 building and Conversion, Navy’’ appropriations in any 

23 prior fiscal year, and the 1 percent limitation shall apply 

24 to the total amount of the appropriation. 


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1 SEC. 8087. The Director of National Intelligence shall 

2 include the budget exhibits identified in paragraphs (1) and 

3 (2) as described in the Department of Defense Financial 

4 Management Regulation with the congressional budget jus5 tification books: 

6 (1) For procurement programs requesting more 

7 than $10,000,000 in any fiscal year, the P–1, Pro8 curement Program; P–5, Cost Analysis; P–5a, Pro9 curement History and Planning; P–21, Production 

10 Schedule; and P–40, Budget Item Justification. 

11 (2) For research, development, test and evalua12 tion projects requesting more than $5,000,000 in any 

13 fiscal year, the R–1, Research, Development, Test and 

14 Evaluation Program; R–2, Research, Development, 

15 Test and Evaluation Budget Item Justification; R–3, 

16 Research, Development, Test and Evaluation Project 

17 Cost Analysis; and R–4, Research, Development, Test 

18 and Evaluation Program Schedule Profile. 

19 SEC. 8088. (a) Not later than 60 days after the date 

20 of enactment of this Act, the Director of National Intel21 ligence shall submit a report to the congressional intel22 ligence committees to establish the baseline for application 

23 of reprogramming and transfer authorities for fiscal year 

24 2013: Provided, That the report shall include— 


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1 (1) a table for each appropriation with a sepa2 rate column to display the President’s budget request, 

3 adjustments made by Congress, adjustments due to 

4 enacted rescissions, if appropriate, and the fiscal year 

5 enacted level; 

6 (2) a delineation in the table for each appropria7 tion by Expenditure Center and project; and 

8 (3) an identification of items of special congres9 sional interest. 

10 (b) None of the funds provided for the National Intel11 ligence Program in this Act shall be available for re12 programming or transfer until the report identified in sub13 section (a) is submitted to the congressional intelligence 

14 committees, unless the Director of National Intelligence cer15 tifies in writing to the congressional intelligence committees 

16 that such reprogramming or transfer is necessary as an 

17 emergency requirement. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8089. Of the funds appropriated in the Intel20 ligence Community Management Account for the Program 

21 Manager for the Information Sharing Environment, 

22 $20,000,000 is available for transfer by the Director of Na23 tional Intelligence to other departments and agencies for 

24 purposes of Government-wide information sharing activi25 ties: Provided, That funds transferred under this provision 


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1 are to be merged with and available for the same purposes 

2 and time period as the appropriation to which transferred: 

3 Provided further, That the Office of Management and Budg4 et must approve any transfers made under this provision. 

5 SEC. 8090. (a) None of the funds provided for the Na6 tional Intelligence Program in this or any prior appropria7 tions Act shall be available for obligation or expenditure 

8 through a reprogramming or transfer of funds in accord9 ance with section 102A(d) of the National Security Act of 

10 1947 (50 U.S.C. 403–1(d)) that— 

11 (1) creates a new start effort; 

12 (2) terminates a program with appropriated funding 

13 of $10,000,000 or more; 

14 (3) transfers funding into or out of the National Intel15 ligence Program; or 

16 (4) transfers funding between appropriations, 

17 unless the congressional intelligence committees are notified 

18 30 days in advance of such reprogramming of funds; this 

19 notification period may be reduced for urgent national se20 curity requirements. 

21 (b) None of the funds provided for the National Intel22 ligence Program in this or any prior appropriations Act 

23 shall be available for obligation or expenditure through a 

24 reprogramming or transfer of funds in accordance with sec25 tion 102A(d) of the National Security Act of 1947 (50 


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1 U.S.C. 403–1(d)) that results in a cumulative increase or 

2 decrease of the levels specified in the classified annex accom3 panying the Act unless the congressional intelligence com4 mittees are notified 30 days in advance of such reprogram5 ming of funds; this notification period may be reduced for 

6 urgent national security requirements. 

7 SEC. 8091. The Director of National Intelligence shall 

8 submit to Congress each year, at or about the time that 

9 the President’s budget is submitted to Congress that year 

10 under section 1105(a) of title 31, United States Code, a fu11 ture-years intelligence program (including associated an12 nexes) reflecting the estimated expenditures and proposed 

13 appropriations included in that budget. Any such future14 years intelligence program shall cover the fiscal year with 

15 respect to which the budget is submitted and at least the 

16 four succeeding fiscal years. 

17 SEC. 8092. For the purposes of this Act, the term ‘‘con18 gressional intelligence committees’’ means the Permanent 

19 Select Committee on Intelligence of the House of Represent20 atives, the Select Committee on Intelligence of the Senate, 

21 the Subcommittee on Defense of the Committee on Appro22 priations of the House of Representatives, and the Sub23 committee on Defense of the Committee on Appropriations 

24 of the Senate. 


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1 SEC. 8093. The Department of Defense shall continue 

2 to report incremental contingency operations costs for Oper3 ation New Dawn and Operation Enduring Freedom, or any 

4 other named operations in the U.S. Central Command area 

5 of operation on a monthly basis in the Cost of War Execu6 tion Report as prescribed in the Department of Defense Fi7 nancial Management Regulation Department of Defense In8 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

9 Operations’’, Annex 1, dated September 2005. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8094. During the current fiscal year, not to ex12 ceed $11,000,000 from each of the appropriations made in 

13 title II of this Act for ‘‘Operation and Maintenance, Army’’, 

14 ‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and 

15 Maintenance, Air Force’’ may be transferred by the mili16 tary department concerned to its central fund established 

17 for Fisher Houses and Suites pursuant to section 2493(d) 

18 of title 10, United States Code. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8095. Funds appropriated by this Act for oper21 ation and maintenance may be available for the purpose 

22 of making remittances to the Defense Acquisition Workforce 

23 Development Fund in accordance with the requirements of 

24 section 1705 of title 10, United States Code. 


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1 SEC. 8096. (a) Any agency receiving funds made 

2 available in this Act, shall, subject to subsections (b) and 

3 (c), post on the public Web site of that agency any report 

4 required to be submitted by the Congress in this or any 

5 other Act, upon the determination by the head of the agency 

6 that it shall serve the national interest. 

7 (b) Subsection (a) shall not apply to a report if— 

8 (1) the public posting of the report compromises 

9 national security; or 

10 (2) the report contains proprietary information. 

11 (c) The head of the agency posting such report shall 

12 do so only after such report has been made available to the 

13 requesting Committee or Committees of Congress for no less 

14 than 45 days. 

15 SEC. 8097. (a) None of the funds appropriated or oth16 erwise made available by this Act may be expended for any 

17 Federal contract for an amount in excess of $1,000,000, un18 less the contractor agrees not to— 

19 (1) enter into any agreement with any of its em20 ployees or independent contractors that requires, as a 

21 condition of employment, that the employee or inde22 pendent contractor agree to resolve through arbitra23 tion any claim under title VII of the Civil Rights Act 

24 of 1964 or any tort related to or arising out of sexual 

25 assault or harassment, including assault and battery, 


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1 intentional infliction of emotional distress, false im2 prisonment, or negligent hiring, supervision, or reten3 tion; or 

4 (2) take any action to enforce any provision of 

5 an existing agreement with an employee or inde6 pendent contractor that mandates that the employee 

7 or independent contractor resolve through arbitration 

8 any claim under title VII of the Civil Rights Act of 

9 1964 or any tort related to or arising out of sexual 

10 assault or harassment, including assault and battery, 

11 intentional infliction of emotional distress, false im12 prisonment, or negligent hiring, supervision, or reten13 tion. 

14 (b) None of the funds appropriated or otherwise made 

15 available by this Act may be expended for any Federal con16 tract unless the contractor certifies that it requires each cov17 ered subcontractor to agree not to enter into, and not to 

18 take any action to enforce any provision of, any agreement 

19 as described in paragraphs (1) and (2) of subsection (a), 

20 with respect to any employee or independent contractor per21 forming work related to such subcontract. For purposes of 

22 this subsection, a ‘‘covered subcontractor’’ is an entity that 

23 has a subcontract in excess of $1,000,000 on a contract sub24 ject to subsection (a). 


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1 (c) The prohibitions in this section do not apply with 

2 respect to a contractor’s or subcontractor’s agreements with 

3 employees or independent contractors that may not be en4 forced in a court of the United States. 

5 (d) The Secretary of Defense may waive the applica6 tion of subsection (a) or (b) to a particular contractor or 

7 subcontractor for the purposes of a particular contract or 

8 subcontract if the Secretary or the Deputy Secretary per9 sonally determines that the waiver is necessary to avoid 

10 harm to national security interests of the United States, 

11 and that the term of the contract or subcontract is not 

12 longer than necessary to avoid such harm. The determina13 tion shall set forth with specificity the grounds for the waiv14 er and for the contract or subcontract term selected, and 

15 shall state any alternatives considered in lieu of a waiver 

16 and the reasons each such alternative would not avoid harm 

17 to national security interests of the United States. The Sec18 retary of Defense shall transmit to Congress, and simulta19 neously make public, any determination under this sub20 section not less than 15 business days before the contract 

21 or subcontract addressed in the determination may be 

22 awarded. 

23 SEC. 8098. None of the funds made available under 

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1 nity Organizations for Reform Now (ACORN) or its sub2 sidiaries. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8099. From within the funds appropriated for 

5 operation and maintenance for the Defense Health Program 

6 in this Act, up to $139,204,000, shall be available for trans7 fer to the Joint Department of Defense-Department of Vet8 erans Affairs Medical Facility Demonstration Fund in ac9 cordance with the provisions of section 1704 of the National 

10 Defense Authorization Act for Fiscal Year 2010, Public Law 

11 111–84: Provided, That for purposes of section 1704(b), the 

12 facility operations funded are operations of the integrated 

13 Captain James A. Lovell Federal Health Care Center, con14 sisting of the North Chicago Veterans Affairs Medical Cen15 ter, the Navy Ambulatory Care Center, and supporting fa16 cilities designated as a combined Federal medical facility 

17 as described by section 706 of Public Law 110–417: Pro18 vided further, That additional funds may be transferred 

19 from funds appropriated for operation and maintenance for 

20 the Defense Health Program to the Joint Department of De21 fense-Department of Veterans Affairs Medical Facility 

22 Demonstration Fund upon written notification by the Sec23 retary of Defense to the Committees on Appropriations of 

24 the House of Representatives and the Senate. 


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1 SEC. 8100. The Office of the Director of National Intel2 ligence shall not employ more Senior Executive employees 

3 than are specified in the classified annex. 

4 SEC. 8101. None of the funds appropriated or other5 wise made available by this Act may be obligated or ex6 pended to pay a retired general or flag officer to serve as 

7 a senior mentor advising the Department of Defense unless 

8 such retired officer files a Standard Form 278 (or successor 

9 form concerning public financial disclosure under part 

10 2634 of title 5, Code of Federal Regulations) to the Office 

11 of Government Ethics. 

12 SEC. 8102. Appropriations available to the Depart13 ment of Defense may be used for the purchase of heavy and 

14 light armored vehicles for the physical security of personnel 

15 or for force protection purposes up to a limit of $250,000 

16 per vehicle, notwithstanding price or other limitations ap17 plicable to the purchase of passenger carrying vehicles. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8103. There is hereby established in the Treasury 

20 of the United States the ‘‘Ship Modernization, Operations 

21 and Sustainment Fund’’. There is appropriated 

22 $2,382,100,000, for the ‘‘Ship Modernization, Operations 

23 and Sustainment Fund’’, to remain available until Sep24 tember 30, 2014: Provided, That the Secretary of the Navy 

25 shall transfer funds from the ‘‘Ship Modernization, OperVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 ations and Sustainment Fund’’ to appropriations for mili2 tary personnel; operation and maintenance; research, devel3 opment, test and evaluation; and procurement, only for the 

4 purposes of manning, operating, sustaining, equipping and 

5 modernizing the Ticonderoga-class guided missile cruisers 

6 CG–63, CG–64, CG–65, CG–66, CG–68, CG–69, CG–73, 

7 and the Whidbey Island-class dock landing ships LSD–41 

8 and LSD–46: Provided further, That funds transferred shall 

9 be merged with and be available for the same purposes and 

10 for the same time period as the appropriation to which they 

11 are transferred: Provided further, That the transfer author12 ity provided herein shall be in addition to any other trans13 fer authority available to the Department of Defense: Pro14 vided further, That the Secretary of the Navy shall, not less 

15 than 30 days prior to making any transfer from the ‘‘Ship 

16 Modernization, Operations and Sustainment Fund’’, notify 

17 the congressional defense committees in writing of the de18 tails of such transfer. 

19 SEC. 8104. None of the funds made available by this 

20 Act may be used by the Secretary of Defense to take bene21 ficial occupancy of more than 2,500 parking spaces (other 

22 than handicap-reserved spaces) to be provided by the BRAC 

23 133 project: Provided, That this limitation may be waived 

24 in part if: (1) the Secretary of Defense certifies to Congress 

25 that levels of service at existing intersections in the vicinity 


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1 of the project have not experienced failing levels of service 

2 as defined by the Transportation Research Board Highway 

3 Capacity Manual over a consecutive 90-day period; (2) the 

4 Department of Defense and the Virginia Department of 

5 Transportation agree on the number of additional parking 

6 spaces that may be made available to employees of the facil7 ity subject to continued 90-day traffic monitoring; and (3) 

8 the Secretary of Defense notifies the congressional defense 

9 committees in writing at least 14 days prior to exercising 

10 this waiver of the number of additional parking spaces to 

11 be made available. 

12 SEC. 8105. Not later than 120 days after the date of 

13 the enactment of this Act, the Secretary of Defense shall re14 sume quarterly reporting of the numbers of civilian per15 sonnel end strength by appropriation account for each and 

16 every appropriation account used to finance Federal civil17 ian personnel salaries to the congressional defense commit18 tees within 15 days after the end of each fiscal quarter. 

19 SEC. 8106. None of the funds appropriated in this or 

20 any other Act may be used to plan, prepare for, or otherwise 

21 take any action to undertake or implement the separation 

22 of the National Intelligence Program budget from the De23 partment of Defense budget. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8107. Upon a determination by the Director of 

3 National Intelligence that such action is necessary and in 

4 the national interest, the Director may, with the approval 

5 of the Office of Management and Budget, transfer not to 

6 exceed $2,000,000,000 of the funds made available in this 

7 Act for the National Intelligence Program: Provided, That 

8 such authority to transfer may not be used unless for higher 

9 priority items, based on unforeseen intelligence require10 ments, than those for which originally appropriated and 

11 in no case where the item for which funds are requested 

12 has been denied by the Congress: Provided further, That a 

13 request for multiple reprogrammings of funds using author14 ity provided in this section shall be made prior to June 

15 30, 2013. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8108. In addition to amounts provided elsewhere 

18 in the Act, there is appropriated $270,000,000 for an addi19 tional amount for ‘‘Operation and Maintenance, Defense20 Wide’’, to be available until expended: Provided, That such 

21 funds shall only be available to the Secretary of Defense, 

22 acting through the Office of Economic Adjustment of the 

23 Department of Defense, or for transfer to the Secretary of 

24 Education, notwithstanding any other provision of law, to 

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1 ment other Federal funds to construct, renovate, repair, or 

2 expand elementary and secondary public schools on mili3 tary installations in order to address capacity or facility 

4 condition deficiencies at such schools: Provided further, 

5 That in making such funds available, the Office of Eco6 nomic Adjustment or the Secretary of Education shall give 

7 priority consideration to those military installations with 

8 schools having the most serious capacity or facility condi9 tion deficiencies as determined by the Secretary of Defense: 

10 Provided further, That funds may not be made available 

11 for a school unless its enrollment of Department of Defense12 connected children is greater than 50 percent. 

13 SEC. 8109. None of the funds appropriated or other14 wise made available in this or any other Act may be used 

15 to transfer, release, or assist in the transfer or release to 

16 or within the United States, its territories, or possessions 

17 Khalid Sheikh Mohammed or any other detainee who— 

18 (1) is not a United States citizen or a member 

19 of the Armed Forces of the United States; and 

20 (2) is or was held on or after June 24, 2009, at 

21 the United States Naval Station, Guanta ́namo Bay, 

22 Cuba, by the Department of Defense. 

23 SEC. 8110. (a)(1) Except as provided in paragraph 

24 (2) and subsection (d), none of the funds appropriated or 

25 otherwise made available in this or any other Act may be 


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1 used to transfer any individual detained at Guanta ́namo 

2 to the custody or control of the individual’s country of ori3 gin, any other foreign country, or any other foreign entity 

4 unless the Secretary of Defense submits to Congress the cer5 tification described in subsection (b) not later than 30 days 

6 before the transfer of the individual. 

7 (2) Paragraph (1) shall not apply to any action taken 

8 by the Secretary to transfer any individual detained at 

9 Guanta ́namo to effectuate— 

10 (A) an order affecting the disposition of the indi11 vidual that is issued by a court or competent tribunal 

12 of the United States having lawful jurisdiction (which 

13 the Secretary shall notify Congress of promptly after 

14 issuance); or 

15 (B) a pre-trial agreement entered in a military 

16 commission case prior to the date of the enactment of 

17 this Act. 

18 (b) A certification described in this subsection is a 

19 written certification made by the Secretary of Defense, with 

20 the concurrence of the Secretary of State and in consulta21 tion with the Director of National Intelligence, that— 

22 (1) the government of the foreign country or the 

23 recognized leadership of the foreign entity to which 

24 the individual detained at Guanta ́namo is to be 

25 transferred— 


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1 (A) is not a designated state sponsor of ter2 rorism or a designated foreign terrorist organi3 zation; 

4 (B) maintains control over each detention 

5 facility in which the individual is to be detained 

6 if the individual is to be housed in a detention 

7 facility; 

8 (C) is not, as of the date of the certification, 

9 facing a threat that is likely to substantially af10 fect its ability to exercise control over the indi11 vidual; 

12 (D) has taken or agreed to take effective ac13 tions to ensure that the individual cannot take 

14 action to threaten the United States, its citizens, 

15 or its allies in the future; 

16 (E) has taken or agreed to take such actions 

17 as the Secretary of Defense determines are nec18 essary to ensure that the individual cannot en19 gage or re-engage in any terrorist activity; and 

20 (F) has agreed to share with the United 

21 States any information that— 

22 (i) is related to the individual or any 

23 associates of the individual; and 

24 (ii) could affect the security of the 

25 United States, its citizens, or its allies; and 


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1 (2) includes an assessment, in classified or un2 classified form, of the capacity, willingness, and past 

3 practices (if applicable) of the foreign country or enti4 ty in relation to the Secretary’s certifications. 

5 (c)(1) Except as provided in paragraph (2) and sub6 section (d), none of the funds appropriated or otherwise 

7 made available in this or any other Act may be used to 

8 transfer any individual detained at Guanta ́namo to the 

9 custody or control of the individual’s country of origin, any 

10 other foreign country, or any other foreign entity if there 

11 is a confirmed case of any individual who was detained 

12 at United States Naval Station, Guanta ́namo Bay, Cuba, 

13 at any time after September 11, 2001, who was transferred 

14 to such foreign country or entity and subsequently engaged 

15 in any terrorist activity. 

16 (2) Paragraph (1) shall not apply to any action taken 

17 by the Secretary to transfer any individual detained at 

18 Guanta ́namo to effectuate— 

19 (A) an order affecting the disposition of the indi20 vidual that is issued by a court or competent tribunal 

21 of the United States having lawful jurisdiction (which 

22 the Secretary shall notify Congress of promptly after 

23 issuance); or 


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1 (B) a pre-trial agreement entered in a military 

2 commission case prior to the date of the enactment of 

3 this Act. 

4 (d)(1) The Secretary of Defense may waive the appli5 cability to a detainee transfer of a certification requirement 

6 specified in subparagraph (D) or (E) of subsection (b)(1) 

7 or the prohibition in subsection (c), if the Secretary certifies 

8 the rest of the criteria required by subsection (b) for trans9 fers prohibited by (c) and, with the concurrence of the Sec10 retary of State and in consultation with the Director of Na11 tional Intelligence, determines that— 

12 (A) alternative actions will be taken to address 

13 the underlying purpose of the requirement or require14 ments to be waived; 

15 (B) in the case of a waiver of subparagraph (D) 

16 or (E) of subsection (b)(1), it is not possible to certify 

17 that the risks addressed in the paragraph to be 

18 waived have been completely eliminated, but the ac19 tions to be taken under subparagraph (A) will sub20 stantially mitigate such risks with regard to the indi21 vidual to be transferred; 

22 (C) in the case of a waiver of subsection (c), the 

23 Secretary has considered any confirmed case in which 

24 an individual who was transferred to the country 

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1 tions to be taken under subparagraph (A) will sub2 stantially mitigate the risk of recidivism with regard 

3 to the individual to be transferred; and 

4 (D) the transfer is in the national security inter5 ests of the United States. 

6 (2) Whenever the Secretary makes a determination 

7 under paragraph (1), the Secretary shall submit to the ap8 propriate committees of Congress, not later than 30 days 

9 before the transfer of the individual concerned, the fol10 lowing: 

11 (A) A copy of the determination and the waiver 

12 concerned. 

13 (B) A statement of the basis for the determina14 tion, including— 

15 (i) an explanation why the transfer is in 

16 the national security interests of the United 

17 States; and 

18 (ii) in the case of a waiver of subparagraph 

19 (D) or (E) of subsection (b)(1), an explanation 

20 why it is not possible to certify that the risks ad21 dressed in the subparagraph to be waived have 

22 been completely eliminated. 

23 (C) A summary of the alternative actions to be 

24 taken to address the underlying purpose of, and to 


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1 mitigate the risks addressed in, the subparagraph or 

2 subsection to be waived. 

3 (D) The assessment required by subsection (b)(2). 

4 (e) In this section: 

5 (1) The term ‘‘appropriate committees of Con6 gress’’ means— 

7 (A) the Committee on Armed Services, the 

8 Committee on Appropriations, and the Select 

9 Committee on Intelligence of the Senate; and 

10 (B) the Committee on Armed Services, the 

11 Committee on Appropriations, and the Perma12 nent Select Committee on Intelligence of the 

13 House of Representatives. 

14 (2) The term ‘‘individual detained at 

15 Guanta ́namo’’ means any individual located at 

16 United States Naval Station, Guanta ́namo Bay, 

17 Cuba, as of October 1, 2009, who— 

18 (A) is not a citizen of the United States or 

19 a member of the Armed Forces of the United 

20 States; and 

21 (B) is— 

22 (i) in the custody or under the control 

23 of the Department of Defense; or 


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1 (ii) otherwise under detention at 

2 United States Naval Station, Guanta ́namo 

3 Bay, Cuba. 

4 (3) The term ‘‘foreign terrorist organization’’ 

5 means any organization so designated by the Sec6 retary of State under section 219 of the Immigration 

7 and Nationality Act (8 U.S.C. 1189). 

8 SEC. 8111. (a) None of the funds appropriated or oth9 erwise made available in this or any other Act may be used 

10 to construct, acquire, or modify any facility in the United 

11 States, its territories, or possessions to house any individual 

12 described in subsection (c) for the purposes of detention or 

13 imprisonment in the custody or under the effective control 

14 of the Department of Defense. 

15 (b) The prohibition in subsection (a) shall not apply 

16 to any modification of facilities at United States Naval 

17 Station, Guanta ́namo Bay, Cuba. 

18 (c) An individual described in this subsection is any 

19 individual who, as of June 24, 2009, is located at United 

20 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

21 (1) is not a citizen of the United States or a 

22 member of the Armed Forces of the United States; and 

23 (2) is— 

24 (A) in the custody or under the effective 

25 control of the Department of Defense; or 


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1 (B) otherwise under detention at United 

2 States Naval Station, Guanta ́namo Bay, Cuba. 

3 SEC. 8112. None of the funds made available by this 

4 Act may be used to enter into a contract, memorandum of 

5 understanding, or cooperative agreement with, make a 

6 grant to, or provide a loan or loan guarantee to, any cor7 poration that has any unpaid Federal tax liability that has 

8 been assessed, for which all judicial and administrative 

9 remedies have been exhausted or have lapsed, and that is 

10 not being paid in a timely manner pursuant to an agree11 ment with the authority responsible for collecting the tax 

12 liability, where the awarding agency is aware of the unpaid 

13 tax liability, unless the agency has considered suspension 

14 or debarment of the corporation and made a determination 

15 that this further action is not necessary to protect the inter16 ests of the Government. 

17 SEC. 8113. None of the funds made available by this 

18 Act may be used to enter into a contract, memorandum of 

19 understanding, or cooperative agreement with, make a 

20 grant to, or provide a loan or loan guarantee to, any cor21 poration that was convicted of a felony criminal violation 

22 under any Federal law within the preceding 24 months, 

23 where the awarding agency is aware of the conviction, un24 less the agency has considered suspension or debarment of 

25 the corporation and made a determination that this further 


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1 action is not necessary to protect the interests of the Govern2 ment. 

3 SEC. 8114. None of the funds made available by this 

4 Act may be used in contravention of section 1590 or 1591 

5 of title 18, United States Code, or in contravention of the 

6 requirements of section 106(g) or (h) of the Trafficking Vic7 tims Protection Act of 2000 (22 U.S.C. 7104(g) or (h)). 

8 SEC. 8115. None of the funds made available by this 

9 Act for International Military education and training, for10 eign military financing, excess defense article, assistance 

11 under section 1206 of the National Defense Authorization 

12 Act for Fiscal year 2006 (Public Law 109–163; 119 Stat. 

13 3456) issuance for direct commercial sales of military 

14 equipment, or peacekeeping operations for the countries of 

15 Chad, Yemen, Somalia, Sudan, the Democratic Republic of 

16 the Congo, and Burma may be used to support any mili17 tary training or operation that include child soldiers, as 

18 defined by the Child Soldiers Prevention Act of 2008, and 

19 except if such assistance is otherwise permitted under sec20 tion 404 of the Child Soldiers Prevention Act of 2008 (Pub21 lic Law 110–457; 22 U.S.C. 2370c–1). 

22 SEC. 8116. None of the funds made available by this 

23 Act may be used in contravention of the War Powers Reso24 lution (50 U.S.C. 1541 et seq.). 


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1 SEC. 8117. None of the funds made available by this 

2 Act may be used to retire, divest, realign, or transfer Air 

3 Force aircraft, to disestablish or convert units associated 

4 with such aircraft, or to disestablish or convert any other 

5 unit of the Air National Guard or Air Force Reserve: Pro6 vided, That this section shall not apply to actions affecting 

7 C–5, C–17, or E–8 aircraft, or the units associated with 

8 such aircraft: Provided further, That this section shall con9 tinue in effect through the date of enactment of an Act au10 thorizing appropriations for fiscal year 2013 for military 

11 activities of the Department of Defense. 

12 SEC. 8118. The Secretary of the Air Force shall obli13 gate and expend funds previously appropriated for the pro14 curement of RQ–4B Global Hawk and C–27J Spartan air15 craft for the purposes for which such funds were originally 

16 appropriated. 

17 SEC. 8119. It is the Sense of the Senate that the next 

18 available capital warship of the U.S. Navy be named the 

19 USS Ted Stevens to recognize the public service achieve20 ments, military service sacrifice, and undaunted heroism 

21 and courage of the long-serving United States Senator for 

22 Alaska. 

23 SEC. 8120. None of the funds made available by this 

24 Act shall be used to retire C–23 Sherpa aircraft. 


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1 SEC. 8121. The total amount available in the Act for 

2 pay for civilian personnel of the Department of Defense for 

3 fiscal year 2013 shall be the amount otherwise appropriated 

4 or made available by this Act for such pay reduced by 

5 $72,718,000. 

6 SEC. 8122. None of the funds made available by this 

7 Act may be used to enter into a contract for UH–60 Leak 

8 Proof Drip Pans using procedures other than competitive 

9 procedures (as defined in section 2302(2) of title 10, United 

10 States Code). 

11 SEC. 8123. None of the funds appropriated or other12 wise made available by this Act or any other Act may be 

13 used by the Department of Defense or a component thereof 

14 in contravention of section 1244 of the National Defense 

15 Authorization Act for Fiscal Year 2012 (Public Law 112– 

16 81; 125 Stat. 1646; 22 U.S.C. 5952 note) or any provision 

17 of an Act authorizing appropriations for the Department 

18 of Defense for fiscal year 2013 relating to sharing classified 

19 ballistic missile defense information with Russia. 

20 SEC. 8124. None of the Operation and Maintenance 

21 funds made available in this Act may be used in contraven22 tion of section 41106 of title 49, United States Code. 

23 SEC. 8125. None of the funds made available by this 

24 Act may be used by the Department of Defense or any other 

25 Federal agency to lease or purchase new light duty vehicles, 


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1 for any executive fleet, or for an agency’s fleet inventory, 

2 except in accordance with Presidential Memorandum-Fed3 eral Fleet Performance, dated May 24, 2011. 

4 SEC. 8126. None of the funds made available by this 

5 Act may be used to enter into a contract with any person 

6 or other entity listed in the Excluded Parties List System 

7 (EPLS)/System for Award Management (SAM) as having 

8 been convicted of fraud against the Federal Government. 

9 SEC. 8127. None of the funds made available by this 

10 Act for the Department of Defense may be used to enter 

11 into a contract, memorandum of understanding, or coopera12 tive agreement with, make a grant to, or provide a loan 

13 or loan guarantee to Rosoboronexport: Provided, That the 

14 Secretary of Defense may waive this restriction on a case15 by-case basis by certifying in writing to the Committees on 

16 Appropriations of the House of Representatives and the 

17 Senate that it is in the national security interest to do so. 

18 SEC. 8128. None of the funds made available by this 

19 Act may be used by the Secretary of Defense to implement 

20 an enrollment fee for the TRICARE for Life program under 

21 chapter 55 of title 10, United States Code, that does not 

22 exist as of the date of the enactment of this Act. 

23 SEC. 8129. (a) REQUIREMENT TO CONTINUE PROVI24 SION OF TUITION ASSISTANCE FOR MEMBERS OF THE

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1 ments shall carry out tuition assistance programs for mem2 bers of the Armed Forces during the remainder of fiscal year 

3 2013 using amounts specified in subsection (b). 

4 (b) AMOUNTS.—The minimum amount used by the 

5 Secretary of a military department for tuition assistance 

6 for members of an Armed Force under the jurisdiction of 

7 that Secretary pursuant to subsection (a) shall be not less 

8 than— 

9 (1) the amount appropriated or otherwise made 

10 available by this Act for tuition assistance programs 

11 for members of that Armed Force, minus 

12 (2) an amount that is not more than the percent13 age of the reduction required to the Operation and 

14 Maintenance account for that Armed Force for fiscal 

15 year 2013 by the budget sequester required by section 

16 251A of the Balanced Budget and Emergency Deficit 

17 Control Act of 1985. 

18 TITLE IX 

19 OVERSEAS CONTINGENCY OPERATIONS 

20 MILITARY PERSONNEL 

21 MILITARY PERSONNEL, ARMY

22 For an additional amount for ‘‘Military Personnel, 

23 Army’’, $9,790,082,000: Provided, That such amount is des24 ignated by the Congress for Overseas Contingency Oper25 ations/Global War on Terrorism pursuant to section 


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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 MILITARY PERSONNEL, NAVY

4 For an additional amount for ‘‘Military Personnel, 

5 Navy’’, $774,225,000: Provided, That such amount is des6 ignated by the Congress for Overseas Contingency Oper7 ations/Global War on Terrorism pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 MILITARY PERSONNEL, MARINE CORPS

11 For an additional amount for ‘‘Military Personnel, 

12 Marine Corps’’, $1,425,156,000: Provided, That such 

13 amount is designated by the Congress for Overseas Contin14 gency Operations/Global War on Terrorism pursuant to sec15 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer16 gency Deficit Control Act of 1985. 

17 MILITARY PERSONNEL, AIR FORCE

18 For an additional amount for ‘‘Military Personnel, 

19 Air Force’’, $1,286,783,000: Provided, That such amount 

20 is designated by the Congress for Overseas Contingency Op21 erations/Global War on Terrorism pursuant to section 

22 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 


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1 RESERVE PERSONNEL, ARMY

2 For an additional amount for ‘‘Reserve Personnel, 

3 Army’’, $156,893,000: Provided, That such amount is des4 ignated by the Congress for Overseas Contingency Oper5 ations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 RESERVE PERSONNEL, NAVY

9 For an additional amount for ‘‘Reserve Personnel, 

10 Navy’’, $39,335,000: Provided, That such amount is des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 RESERVE PERSONNEL, MARINE CORPS

16 For an additional amount for ‘‘Reserve Personnel, Ma17 rine Corps’’, $24,722,000: Provided, That such amount is 

18 designated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 RESERVE PERSONNEL, AIR FORCE

23 For an additional amount for ‘‘Reserve Personnel, Air 

24 Force’’, $25,348,000: Provided, That such amount is des25 ignated by the Congress for Overseas Contingency OperVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00577 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 ations/Global War on Terrorism pursuant to section 

2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 NATIONAL GUARD PERSONNEL, ARMY

5 For an additional amount for ‘‘National Guard Per6 sonnel, Army’’, $583,804,000: Provided, That such amount 

7 is designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 NATIONAL GUARD PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘National Guard Per13 sonnel, Air Force’’, $10,473,000: Provided, That such 

14 amount is designated by the Congress for Overseas Contin15 gency Operations/Global War on Terrorism pursuant to sec16 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer17 gency Deficit Control Act of 1985. 

18 OPERATION AND MAINTENANCE 

19 OPERATION AND MAINTENANCE, ARMY

20 For an additional amount for ‘‘Operation and Mainte21 nance, Army’’, $28,452,018,000: Provided, That such 

22 amount is designated by the Congress for Overseas Contin23 gency Operations/Global War on Terrorism pursuant to sec24 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer25 gency Deficit Control Act of 1985. 


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1 OPERATION AND MAINTENANCE, NAVY

2 For an additional amount for ‘‘Operation and Mainte3 nance, Navy’’, $5,839,934,000: Provided, That such amount 

4 is designated by the Congress for Overseas Contingency Op5 erations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE, MARINE CORPS

9 For an additional amount for ‘‘Operation and Mainte10 nance, Marine Corps’’, $4,116,340,000: Provided, That such 

11 amount is designated by the Congress for Overseas Contin12 gency Operations/Global War on Terrorism pursuant to sec13 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985. 

15 OPERATION AND MAINTENANCE, AIR FORCE

16 For an additional amount for ‘‘Operation and Mainte17 nance, Air Force’’, $9,249,736,000: Provided, That such 

18 amount is designated by the Congress for Overseas Contin19 gency Operations/Global War on Terrorism pursuant to sec20 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer21 gency Deficit Control Act of 1985. 

22 OPERATION AND MAINTENANCE, DEFENSE-WIDE

23 For an additional amount for ‘‘Operation and Mainte24 nance, Defense-Wide’’, $7,714,079,000: Provided, That of 

25 the funds provided under this heading, not to exceed 


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1 $1,650,000,000, to remain available until September 30, 

2 2014, shall be for payments to reimburse key cooperating 

3 nations for logistical, military, and other support, includ4 ing access, provided to United States military operations 

5 in support of Operation Enduring Freedom, and post-oper6 ation Iraq border security related to the activities of the 

7 Office of Security Cooperation in Iraq, notwithstanding 

8 any other provision of law: Provided further, That such re9 imbursement payments may be made in such amounts as 

10 the Secretary of Defense, with the concurrence of the Sec11 retary of State, and in consultation with the Director of 

12 the Office of Management and Budget, may determine, in 

13 his discretion, based on documentation determined by the 

14 Secretary of Defense to adequately account for the support 

15 provided, and such determination is final and conclusive 

16 upon the accounting officers of the United States, and 15 

17 days following notification to the appropriate congressional 

18 committees: Provided further, That the requirement under 

19 this heading to provide notification to the appropriate con20 gressional committees shall not apply with respect to a re21 imbursement for access based on an international agree22 ment: Provided further, That these funds may be used for 

23 the purpose of providing specialized training and procuring 

24 supplies and specialized equipment and providing such 

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1 able basis to coalition forces supporting United States mili2 tary operations in Afghanistan, and 15 days following noti3 fication to the appropriate congressional committees: Pro4 vided further, That the Secretary of Defense shall provide 

5 quarterly reports to the congressional defense committees on 

6 the use of funds provided in this paragraph: Provided fur7 ther, That such amount in this section is designated by the 

8 Congress for Overseas Contingency Operations/Global War 

9 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

10 Balanced Budget and Emergency Deficit Control Act of 

11 1985. 

12 OPERATION AND MAINTENANCE, ARMY RESERVE

13 For an additional amount for ‘‘Operation and Mainte14 nance, Army Reserve’’, $157,887,000: Provided, That such 

15 amount is designated by the Congress for Overseas Contin16 gency Operations/Global War on Terrorism pursuant to sec17 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 

19 OPERATION AND MAINTENANCE, NAVY RESERVE

20 For an additional amount for ‘‘Operation and Mainte21 nance, Navy Reserve’’, $55,924,000: Provided, That such 

22 amount is designated by the Congress for Overseas Contin23 gency Operations/Global War on Terrorism pursuant to sec24 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer25 gency Deficit Control Act of 1985. 


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1 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Marine Corps Reserve’’, $25,477,000: Provided, That 

4 such amount is designated by the Congress for Overseas 

5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

9 For an additional amount for ‘‘Operation and Mainte10 nance, Air Force Reserve’’, $60,618,000: Provided, That 

11 such amount is designated by the Congress for Overseas 

12 Contingency Operations/Global War on Terrorism pursu13 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985. 

15 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

16 For an additional amount for ‘‘Operation and Mainte17 nance, Army National Guard’’, $392,448,000: Provided, 

18 That such amount is designated by the Congress for Over19 seas Contingency Operations/Global War on Terrorism pur20 suant to section 251(b)(2)(A)(ii) of the Balanced Budget 

21 and Emergency Deficit Control Act of 1985. 

22 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

23 For an additional amount for ‘‘Operation and Mainte24 nance, Air National Guard’’, $34,500,000: Provided, That 

25 such amount is designated by the Congress for Overseas 


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1 Contingency Operations/Global War on Terrorism pursu2 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985. 

4 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 In addition to amounts provided elsewhere in this Act, 

7 there is appropriated $582,884,000 for the ‘‘Overseas Con8 tingency Operations Transfer Fund’’ for expenses directly 

9 relating to overseas contingency operations by United 

10 States military forces, to be available until expended: Pro11 vided, That of the funds made available in this section, the 

12 Secretary of Defense may transfer these funds only to mili13 tary personnel accounts, operation and maintenance ac14 counts, procurement accounts, and working capital fund ac15 counts: Provided further, That the funds made available in 

16 this paragraph may only be used for programs, projects, 

17 or activities categorized as Overseas Contingency Oper18 ations in the fiscal year 2013 budget request for the Depart19 ment of Defense and the justification material and other 

20 documentation supporting such request: Provided further, 

21 That the funds transferred shall be merged with and shall 

22 be available for the same purposes and for the same time 

23 period, as the appropriation to which transferred: Provided 

24 further, That the Secretary shall notify the congressional 

25 defense committees 15 days prior to such transfer: Provided 


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1 further, That the transfer authority provided under this 

2 heading is in addition to any other transfer authority 

3 available to the Department of Defense: Provided further, 

4 That upon a determination that all or part of the funds 

5 transferred from this appropriation are not necessary for 

6 the purposes provided herein, such amounts may be trans7 ferred back to this appropriation and shall be available for 

8 the same purposes and for the same time period as origi9 nally appropriated: Provided further, That such amount is 

10 designated by the Congress for Overseas Contingency Oper11 ations/Global War on Terrorism pursuant to section 

12 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 AFGHANISTAN INFRASTRUCTURE FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 For the ‘‘Afghanistan Infrastructure Fund’’, 

17 $325,000,000, to remain available until September 30, 

18 2014: Provided, That such funds shall be available to the 

19 Secretary of Defense for infrastructure projects in Afghani20 stan, notwithstanding any other provision of law, which 

21 shall be undertaken by the Secretary of State, unless the 

22 Secretary of State and the Secretary of Defense jointly de23 cide that a specific project will be undertaken by the De24 partment of Defense: Provided further, That the infrastruc25 ture referred to in the preceding proviso is in support of 


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1 the counterinsurgency strategy, which may require funding 

2 for facility and infrastructure projects, including, but not 

3 limited to, water, power, and transportation projects and 

4 related maintenance and sustainment costs: Provided fur5 ther, That the authority to undertake such infrastructure 

6 projects is in addition to any other authority to provide 

7 assistance to foreign nations: Provided further, That any 

8 projects funded under this heading shall be jointly formu9 lated and concurred in by the Secretary of State and Sec10 retary of Defense: Provided further, That funds may be 

11 transferred to the Department of State for purposes of un12 dertaking projects, which funds shall be considered to be eco13 nomic assistance under the Foreign Assistance Act of 1961 

14 for purposes of making available the administrative au15 thorities contained in that Act: Provided further, That the 

16 transfer authority in the preceding proviso is in addition 

17 to any other authority available to the Department of De18 fense to transfer funds: Provided further, That any unex19 pended funds transferred to the Secretary of State under 

20 this authority shall be returned to the Afghanistan Infra21 structure Fund if the Secretary of State, in coordination 

22 with the Secretary of Defense, determines that the project 

23 cannot be implemented for any reason, or that the project 

24 no longer supports the counterinsurgency strategy in Af25 ghanistan: Provided further, That any funds returned to 


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1 the Secretary of Defense under the previous proviso shall 

2 be available for use under this appropriation and shall be 

3 treated in the same manner as funds not transferred to the 

4 Secretary of State: Provided further, That contributions of 

5 funds for the purposes provided herein to the Secretary of 

6 State in accordance with section 635(d) of the Foreign As7 sistance Act from any person, foreign government, or inter8 national organization may be credited to this Fund, to re9 main available until expended, and used for such purposes: 

10 Provided further, That the Secretary of Defense shall, not 

11 fewer than 15 days prior to making transfers to or from, 

12 or obligations from the Fund, notify the appropriate com13 mittees of Congress in writing of the details of any such 

14 transfer: Provided further, That the ‘‘appropriate commit15 tees of Congress’’ are the Committees on Armed Services, 

16 Foreign Relations and Appropriations of the Senate and 

17 the Committees on Armed Services, Foreign Affairs and Ap18 propriations of the House of Representatives: Provided fur19 ther, That such amount is designated by the Congress for 

20 Overseas Contingency Operations/Global War on Terrorism 

21 pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

22 and Emergency Deficit Control Act of 1985. 

23 AFGHANISTAN SECURITY FORCES FUND

24 For the ‘‘Afghanistan Security Forces Fund’’, 

25 $5,124,167,000, to remain available until September 30, 


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1 2014: Provided, That such funds shall be available to the 

2 Secretary of Defense, notwithstanding any other provision 

3 of law, for the purpose of allowing the Commander, Com4 bined Security Transition Command—Afghanistan, or the 

5 Secretary’s designee, to provide assistance, with the concur6 rence of the Secretary of State, to the security forces of Af7 ghanistan, including the provision of equipment, supplies, 

8 services, training, facility and infrastructure repair, ren9 ovation, and construction, and funding: Provided further, 

10 That the authority to provide assistance under this heading 

11 is in addition to any other authority to provide assistance 

12 to foreign nations: Provided further, That contributions of 

13 funds for the purposes provided herein from any person, 

14 foreign government, or international organization may be 

15 credited to this Fund, to remain available until expended, 

16 and used for such purposes: Provided further, That the Sec17 retary of Defense shall notify the congressional defense com18 mittees in writing upon the receipt and upon the obligation 

19 of any contribution, delineating the sources and amounts 

20 of the funds received and the specific use of such contribu21 tions: Provided further, That the Secretary of Defense shall, 

22 not fewer than 15 days prior to obligating from this appro23 priation account, notify the congressional defense commit24 tees in writing of the details of any such obligation: Pro25 vided further, That the Secretary of Defense shall notify the 


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1 congressional defense committees of any proposed new 

2 projects or transfer of funds between budget sub-activity 

3 groups in excess of $20,000,000: Provided further, That such 

4 amount is designated by the Congress for Overseas Contin5 gency Operations/Global War on Terrorism pursuant to sec6 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer7 gency Deficit Control Act of 1985. 

8 PROCUREMENT 

9 AIRCRAFT PROCUREMENT, ARMY

10 For an additional amount for ‘‘Aircraft Procurement, 

11 Army’’, $550,700,000, to remain available until September 

12 30, 2015: Provided, That such amount is designated by the 

13 Congress for Overseas Contingency Operations/Global War 

14 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

15 Balanced Budget and Emergency Deficit Control Act of 

16 1985. 

17 MISSILE PROCUREMENT, ARMY

18 For an additional amount for ‘‘Missile Procurement, 

19 Army’’, $67,951,000, to remain available until September 

20 30, 2015: Provided, That such amount is designated by the 

21 Congress for Overseas Contingency Operations/Global War 

22 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

23 Balanced Budget and Emergency Deficit Control Act of 

24 1985. 


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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For an additional amount for ‘‘Procurement of Weap4 ons and Tracked Combat Vehicles, Army’’, $15,422,000, to 

5 remain available until September 30, 2015: Provided, That 

6 such amount is designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

9 Emergency Deficit Control Act of 1985. 

10 PROCUREMENT OF AMMUNITION, ARMY

11 For an additional amount for ‘‘Procurement of Am12 munition, Army’’, $338,493,000, to remain available until 

13 September 30, 2015: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 OTHER PROCUREMENT, ARMY

19 For an additional amount for ‘‘Other Procurement, 

20 Army’’, $1,740,157,000, to remain available until Sep21 tember 30, 2015: Provided, That such amount is designated 

22 by the Congress for Overseas Contingency Operations/Glob23 al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 

24 of the Balanced Budget and Emergency Deficit Control Act 

25 of 1985. 


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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $215,698,000, to remain available until September 

4 30, 2015: Provided, That such amount is designated by the 

5 Congress for Overseas Contingency Operations/Global War 

6 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

7 Balanced Budget and Emergency Deficit Control Act of 

8 1985. 

9 WEAPONS PROCUREMENT, NAVY

10 For an additional amount for ‘‘Weapons Procurement, 

11 Navy’’, $22,500,000, to remain available until September 

12 30, 2015: Provided, That such amount is designated by the 

13 Congress for Overseas Contingency Operations/Global War 

14 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

15 Balanced Budget and Emergency Deficit Control Act of 

16 1985. 

17 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

18 CORPS

19 For an additional amount for ‘‘Procurement of Am20 munition, Navy and Marine Corps’’, $283,059,000, to re21 main available until September 30, 2015: Provided, That 

22 such amount is designated by the Congress for Overseas 

23 Contingency Operations/Global War on Terrorism pursu24 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

25 Emergency Deficit Control Act of 1985. 


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1 OTHER PROCUREMENT, NAVY

2 For an additional amount for ‘‘Other Procurement, 

3 Navy’’, $98,882,000, to remain available until September 

4 30, 2015: Provided, That such amount is designated by the 

5 Congress for Overseas Contingency Operations/Global War 

6 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

7 Balanced Budget and Emergency Deficit Control Act of 

8 1985. 

9 PROCUREMENT, MARINE CORPS

10 For an additional amount for ‘‘Procurement, Marine 

11 Corps’’, $822,054,000, to remain available until September 

12 30, 2015: Provided, That such amount is designated by the 

13 Congress for Overseas Contingency Operations/Global War 

14 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

15 Balanced Budget and Emergency Deficit Control Act of 

16 1985. 

17 AIRCRAFT PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Aircraft Procurement, 

19 Air Force’’, $305,600,000, to remain available until Sep20 tember 30, 2015: Provided, That such amount is designated 

21 by the Congress for Overseas Contingency Operations/Glob22 al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 

23 of the Balanced Budget and Emergency Deficit Control Act 

24 of 1985. 


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1 MISSILE PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Missile Procurement, 

3 Air Force’’, $34,350,000, to remain available until Sep4 tember 30, 2015: Provided, That such amount is designated 

5 by the Congress for Overseas Contingency Operations/Glob6 al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 

7 of the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 PROCUREMENT OF AMMUNITION, AIR FORCE

10 For an additional amount for ‘‘Procurement of Am11 munition, Air Force’’, $116,203,000, to remain available 

12 until September 30, 2015: Provided, That such amount is 

13 designated by the Congress for Overseas Contingency Oper14 ations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 OTHER PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Other Procurement, 

19 Air Force’’, $2,680,270,000, to remain available until Sep20 tember 30, 2015: Provided, That such amount is designated 

21 by the Congress for Overseas Contingency Operations/Glob22 al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 

23 of the Balanced Budget and Emergency Deficit Control Act 

24 of 1985. 


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1 PROCUREMENT, DEFENSE-WIDE

2 For an additional amount for ‘‘Procurement, Defense3 Wide’’, $188,099,000, to remain available until September 

4 30, 2015: Provided, That such amount is designated by the 

5 Congress for Overseas Contingency Operations/Global War 

6 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

7 Balanced Budget and Emergency Deficit Control Act of 

8 1985. 

9 NATIONAL GUARD AND RESERVE EQUIPMENT

10 For procurement of aircraft, missiles, tracked combat 

11 vehicles, ammunition, other weapons and other procure12 ment for the reserve components of the Armed Forces, 

13 $1,500,000,000, to remain available for obligation until 

14 September 30, 2015: Provided, That the Chiefs of National 

15 Guard and Reserve components shall, not later than 30 

16 days after the enactment of this Act, individually submit 

17 to the congressional defense committees the modernization 

18 priority assessment for their respective National Guard or 

19 Reserve component: Provided further, That such amount is 

20 designated by the Congress for Overseas Contingency Oper21 ations/Global War on Terrorism pursuant to section 

22 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 


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1 RESEARCH, DEVELOPMENT, TEST AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

4 For an additional amount for ‘‘Research, Develop5 ment, Test and Evaluation, Army’’, $29,660,000, to remain 

6 available until September 30, 2014: Provided, That such 

7 amount is designated by the Congress for Overseas Contin8 gency Operations/Global War on Terrorism pursuant to sec9 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

12 For an additional amount for ‘‘Research, Develop13 ment, Test and Evaluation, Navy’’, $52,519,000, to remain 

14 available until September 30, 2014: Provided, That such 

15 amount is designated by the Congress for Overseas Contin16 gency Operations/Global War on Terrorism pursuant to sec17 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

20 FORCE

21 For an additional amount for ‘‘Research, Develop22 ment, Test and Evaluation, Air Force’’, $53,150,000, to re23 main available until September 30, 2014: Provided, That 

24 such amount is designated by the Congress for Overseas 

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1 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 DEFENSE-WIDE

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Defense-Wide’’, $112,387,000, 

7 to remain available until September 30, 2014: Provided, 

8 That such amount is designated by the Congress for Over9 seas Contingency Operations/Global War on Terrorism pur10 suant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For an additional amount for ‘‘Defense Working Cap15 ital Funds’’, $243,600,000: Provided, That such amount is 

16 designated by the Congress for Overseas Contingency Oper17 ations/Global War on Terrorism pursuant to section 

18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

21 DEFENSE HEALTH PROGRAM

22 For an additional amount for ‘‘Defense Health Pro23 gram’’, $993,898,000, which shall be for operation and 

24 maintenance: Provided, That such amount is designated by 

25 the Congress for Overseas Contingency Operations/Global 


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1 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

2 the Balanced Budget and Emergency Deficit Control Act 

3 of 1985. 

4 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

5 DEFENSE

6 For an additional amount for ‘‘Drug Interdiction and 

7 Counter-Drug Activities, Defense’’, $469,025,000, to remain 

8 available until September 30, 2014: Provided, That such 

9 amount is designated by the Congress for Overseas Contin10 gency Operations/Global War on Terrorism pursuant to sec11 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 

13 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

14 (INCLUDING TRANSFER OF FUNDS)

15 For the ‘‘Joint Improvised Explosive Device Defeat 

16 Fund’’, $1,622,614,000, to remain available until Sep17 tember 30, 2015: Provided, That such funds shall be avail18 able to the Secretary of Defense, notwithstanding any other 

19 provision of law, for the purpose of allowing the Director 

20 of the Joint Improvised Explosive Device Defeat Organiza21 tion to investigate, develop and provide equipment, sup22 plies, services, training, facilities, personnel and funds to 

23 assist United States forces in the defeat of improvised explo24 sive devices: Provided further, That the Secretary of Defense 

25 may transfer funds provided herein to appropriations for 


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1 military personnel; operation and maintenance; procure2 ment; research, development, test and evaluation; and de3 fense working capital funds to accomplish the purpose pro4 vided herein: Provided further, That this transfer authority 

5 is in addition to any other transfer authority available to 

6 the Department of Defense: Provided further, That the Sec7 retary of Defense shall, not fewer than 15 days prior to 

8 making transfers from this appropriation, notify the con9 gressional defense committees in writing of the details of 

10 any such transfer: Provided further, That such amount is 

11 designated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 OFFICE OF THE INSPECTOR GENERAL

16 For an additional amount for the ‘‘Office of the Inspec17 tor General’’, $10,766,000: Provided, That such amount is 

18 designated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 GENERAL PROVISIONS—THIS TITLE 

23 SEC. 9001. Notwithstanding any other provision of 

24 law, funds made available in this title are in addition to 


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1 amounts appropriated or otherwise made available for the 

2 Department of Defense for fiscal year 2013. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 9002. Upon the determination of the Secretary 

5 of Defense that such action is necessary in the national in6 terest, the Secretary may, with the approval of the Office 

7 of Management and Budget, transfer up to $3,500,000,000 

8 between the appropriations or funds made available to the 

9 Department of Defense in this title: Provided, That the Sec10 retary shall notify the Congress promptly of each transfer 

11 made pursuant to the authority in this section: Provided 

12 further, That the authority provided in this section is in 

13 addition to any other transfer authority available to the 

14 Department of Defense and is subject to the same terms and 

15 conditions as the authority provided in the Department of 

16 Defense Appropriations Act, 2013. 

17 SEC. 9003. Supervision and administration costs asso18 ciated with a construction project funded with appropria19 tions available for operation and maintenance, ‘‘Afghani20 stan Infrastructure Fund’’, or the ‘‘Afghanistan Security 

21 Forces Fund’’ provided in this Act and executed in direct 

22 support of overseas contingency operations in Afghanistan, 

23 may be obligated at the time a construction contract is 

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1 pervision and administration costs include all in-house 

2 Government costs. 

3 SEC. 9004. From funds made available in this title, 

4 the Secretary of Defense may purchase for use by military 

5 and civilian employees of the Department of Defense in the 

6 U.S. Central Command area of responsibility: (a) passenger 

7 motor vehicles up to a limit of $75,000 per vehicle; and 

8 (b) heavy and light armored vehicles for the physical secu9 rity of personnel or for force protection purposes up to a 

10 limit of $250,000 per vehicle, notwithstanding price or 

11 other limitations applicable to the purchase of passenger 

12 carrying vehicles. 

13 SEC. 9005. Not to exceed $200,000,000 of the amount 

14 appropriated in this title under the heading ‘‘Operation 

15 and Maintenance, Army’’ may be used, notwithstanding 

16 any other provision of law, to fund the Commander’s Emer17 gency Response Program (CERP), for the purpose of ena18 bling military commanders in Afghanistan to respond to 

19 urgent, small-scale, humanitarian relief and reconstruction 

20 requirements within their areas of responsibility: Provided, 

21 That each project (including any ancillary or related ele22 ments in connection with such project) executed under this 

23 authority shall not exceed $20,000,000: Provided further, 

24 That not later than 45 days after the end of each fiscal 

25 year quarter, the Secretary of Defense shall submit to the 


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1 congressional defense committees a report regarding the 

2 source of funds and the allocation and use of funds during 

3 that quarter that were made available pursuant to the au4 thority provided in this section or under any other provi5 sion of law for the purposes described herein: Provided fur6 ther, That, not later than 30 days after the end of each 

7 month, the Army shall submit to the congressional defense 

8 committees monthly commitment, obligation, and expendi9 ture data for the Commander’s Emergency Response Pro10 gram in Afghanistan: Provided further, That not less than 

11 15 days before making funds available pursuant to the au12 thority provided in this section or under any other provi13 sion of law for the purposes described herein for a project 

14 with a total anticipated cost for completion of $5,000,000 

15 or more, the Secretary shall submit to the congressional de16 fense committees a written notice containing each of the fol17 lowing: 

18 (1) The location, nature and purpose of the pro19 posed project, including how the project is intended to 

20 advance the military campaign plan for the country 

21 in which it is to be carried out. 

22 (2) The budget, implementation timeline with 

23 milestones, and completion date for the proposed 

24 project, including any other CERP funding that has 


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1 been or is anticipated to be contributed to the comple2 tion of the project. 

3 (3) A plan for the sustainment of the proposed 

4 project, including the agreement with either the host 

5 nation, a non-Department of Defense agency of the 

6 United States Government or a third-party contrib7 utor to finance the sustainment of the activities and 

8 maintenance of any equipment or facilities to be pro9 vided through the proposed project. 

10 SEC. 9006. Funds available to the Department of De11 fense for operation and maintenance may be used, notwith12 standing any other provision of law, to provide supplies, 

13 services, transportation, including airlift and sealift, and 

14 other logistical support to coalition forces supporting mili15 tary and stability operations in Afghanistan: Provided, 

16 That the Secretary of Defense shall provide quarterly re17 ports to the congressional defense committees regarding sup18 port provided under this section. 

19 SEC. 9007. None of the funds appropriated or other20 wise made available by this or any other Act shall be obli21 gated or expended by the United States Government for a 

22 purpose as follows: 

23 (1) To establish any military installation or base 

24 for the purpose of providing for the permanent sta25 tioning of United States Armed Forces in Iraq. 


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1 (2) To exercise United States control over any 

2 oil resource of Iraq. 

3 (3) To establish any military installation or base 

4 for the purpose of providing for the permanent sta5 tioning of United States Armed Forces in Afghani6 stan. 

7 SEC. 9008. None of the funds made available in this 

8 Act may be used in contravention of the following laws en9 acted or regulations promulgated to implement the United 

10 Nations Convention Against Torture and Other Cruel, In11 human or Degrading Treatment or Punishment (done at 

12 New York on December 10, 1984): 

13 (1) Section 2340A of title 18, United States 

14 Code. 

15 (2) Section 2242 of the Foreign Affairs Reform 

16 and Restructuring Act of 1998 (division G of Public 

17 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

18 note) and regulations prescribed thereto, including 

19 regulations under part 208 of title 8, Code of Federal 

20 Regulations, and part 95 of title 22, Code of Federal 

21 Regulations. 

22 (3) Sections 1002 and 1003 of the Department of 

23 Defense, Emergency Supplemental Appropriations to 

24 Address Hurricanes in the Gulf of Mexico, and Pan25 demic Influenza Act, 2006 (Public Law 109–148). 


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1 SEC. 9009. None of the funds provided for the ‘‘Afghan2 istan Security Forces Fund’’ (ASFF) may be obligated 

3 prior to the approval of a financial and activity plan by 

4 the Afghanistan Resources Oversight Council (AROC) of the 

5 Department of Defense: Provided, That the AROC must ap6 prove the requirement and acquisition plan for any service 

7 requirements in excess of $50,000,000 annually and any 

8 non-standard equipment requirements in excess of 

9 $100,000,000 using ASFF: Provided further, That the 

10 AROC must approve all projects and the execution plan 

11 under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and 

12 any project in excess of $5,000,000 from the Commanders 

13 Emergency Response Program (CERP): Provided further, 

14 That the Department of Defense must certify to the congres15 sional defense committees that the AROC has convened and 

16 approved a process for ensuring compliance with the re17 quirements in the preceding provisos and accompanying re18 port language for the ASFF, AIF, and CERP. 

19 SEC. 9010. Funds made available in this title to the 

20 Department of Defense for operation and maintenance may 

21 be used to purchase items having an investment unit cost 

22 of not more than $250,000: Provided, That, upon deter23 mination by the Secretary of Defense that such action is 

24 necessary to meet the operational requirements of a Com25 mander of a Combatant Command engaged in contingency 


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1 operations overseas, such funds may be used to purchase 

2 items having an investment item unit cost of not more than 

3 $500,000. 

4 SEC. 9011. Notwithstanding any other provision of 

5 law, up to $93,000,000 of funds made available in this title 

6 under the heading ‘‘Operation and Maintenance, Army’’ 

7 may be obligated and expended for purposes of the Task 

8 Force for Business and Stability Operations, subject to the 

9 direction and control of the Secretary of Defense, with con10 currence of the Secretary of State, to carry out strategic 

11 business and economic assistance activities in Afghanistan 

12 in support of Operation Enduring Freedom: Provided, That 

13 not less than 15 days before making funds available pursu14 ant to the authority provided in this section for any project 

15 with a total anticipated cost of $5,000,000 or more, the Sec16 retary shall submit to the congressional defense committees 

17 a written notice containing a detailed justification and 

18 timeline for each proposed project. 

19 SEC. 9012. From funds made available to the Depart20 ment of Defense in this title under the heading ‘‘Operation 

21 and Maintenance, Air Force’’ up to $508,000,000 may be 

22 used by the Secretary of Defense, notwithstanding any other 

23 provision of law, to support United States Government 

24 transition activities in Iraq by funding the operations and 

25 activities of the Office of Security Cooperation in Iraq and 


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1 security assistance teams, including life support, transpor2 tation and personal security, and facilities renovation and 

3 construction: Provided, That to the extent authorized under 

4 the National Defense Authorization Act for Fiscal Year 

5 2013, the operations and activities that may be carried out 

6 by the Office of Security Cooperation in Iraq may, with 

7 the concurrence of the Secretary of State, include non-oper8 ational training activities in support of Iraqi Ministry of 

9 Defense and Counter Terrorism Service personnel in an in10 stitutional environment to address capability gaps, inte11 grate processes relating to intelligence, air sovereignty, com12 bined arms, logistics and maintenance, and to manage and 

13 integrate defense-related institutions: Provided further, 

14 That not later than 30 days following the enactment of this 

15 Act, the Secretary of Defense and the Secretary of State 

16 shall submit to the congressional defense committees a plan 

17 for transitioning any such training activities that they de18 termine are needed after the end of fiscal year 2013, to exist19 ing or new contracts for the sale of defense articles or de20 fense services consistent with the provisions of the Arms Ex21 port Control Act (22 U.S.C. 2751 et seq.): Provided further, 

22 That not less than 15 days before making funds available 

23 pursuant to the authority provided in this section, the Sec24 retary of Defense shall submit to the congressional defense 

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1 tification and timeline for the operations and activities of 

2 the Office of Security Cooperation in Iraq at each site where 

3 such operations and activities will be conducted during fis4 cal year 2013. 

5 (RESCISSIONS)

6 SEC. 9013. Of the funds appropriated in Department 

7 of Defense Appropriations Acts, the following funds are 

8 hereby rescinded from the following accounts and programs 

9 in the specified amounts: Provided, That such amounts are 

10 designated by the Congress for Overseas Contingency Oper11 ations/Global War on Terrorism pursuant to section 

12 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985: 

14 ‘‘Retroactive Stop Loss Special Pay Program, 

15 2009/XXXX’’, $127,200,000; 

16 ‘‘Afghanistan Security Forces Fund, 2012/2013’’, 

17 $1,000,000,000; 

18 ‘‘Other Procurement, Army, 2012/2014’’, 

19 $207,600,000; 

20 ‘‘Procurement of Ammunition, Navy and Marine 

21 Corps, 2012/2014’’, $32,176,000; 

22 ‘‘Procurement, Marine Corps, 2012/2014’’, 

23 $2,776,000; 

24 ‘‘Mine Resistant Ambush Protected Vehicle Fund, 

25 2012/2013’’, $400,000,000; 


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1 ‘‘Research, Development, Test and Evaluation, 

2 Air Force, 2012/2013’’, $50,000,000; 

3 ‘‘Joint Improvised Explosive Device Defeat 

4 Fund, 2012/2014’’, $40,300,000. 

5 SEC. 9014. (a) None of the funds appropriated or oth6 erwise made available by this Act under the heading ‘‘Oper7 ation and Maintenance, Defense-Wide’’ for payments under 

8 section 1233 of Public Law 110–181 for reimbursement to 

9 the Government of Pakistan may be made available unless 

10 the Secretary of Defense, in coordination with the Secretary 

11 of State, certifies to the Committees on Appropriations that 

12 the Government of Pakistan is— 

13 (1) cooperating with the United States in 

14 counterterrorism efforts against the Haqqani Network, 

15 the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish16 e-Mohammed, Al Qaeda, and other domestic and for17 eign terrorist organizations, including taking steps to 

18 end support for such groups and prevent them from 

19 basing and operating in Pakistan and carrying out 

20 cross border attacks into neighboring countries; 

21 (2) not supporting terrorist activities against 

22 United States or coalition forces in Afghanistan, and 

23 Pakistan’s military and intelligence agencies are not 

24 intervening extra-judicially into political and judicial 

25 processes in Pakistan; 


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1 (3) dismantling improvised explosive device 

2 (IED) networks and interdicting precursor chemicals 

3 used in the manufacture of IEDs; 

4 (4) preventing the proliferation of nuclear-re5 lated material and expertise; 

6 (5) issuing visas in a timely manner for United 

7 States visitors engaged in counterterrorism efforts and 

8 assistance programs in Pakistan; and 

9 (6) providing humanitarian organizations access 

10 to detainees, internally displaced persons, and other 

11 Pakistani civilians affected by the conflict. 

12 (b) The Secretary of Defense, in coordination with the 

13 Secretary of State, may waive the restriction in paragraph 

14 (a) on a case-by-case basis by certifying in writing to the 

15 Committees on Appropriations of the House of Representa16 tives and the Senate that it is in the national security inter17 est to do so: Provided, That if the Secretary of Defense, in 

18 coordination with the Secretary of State, exercises the au19 thority of the previous proviso, the Secretaries shall report 

20 to the Committees on Appropriations on both the justifica21 tion for the waiver and on the requirements of this section 

22 that the Government of Pakistan was not able to meet: Pro23 vided further, That such report may be submitted in classi24 fied form if necessary. 


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1 This division may be cited as the ‘‘Department of De2 fense Appropriations Act, 2013’’. 

3 DIVISION D—DEPARTMENT OF HOMELAND 

4 SECURITY APPROPRIATIONS ACT, 2013 

5 The following sums are hereby appropriated, out of 

6 any money in the Treasury not otherwise appropriated, for 

7 the Department of Homeland Security for the fiscal year 

8 ending September 30, 2013, and for other purposes, namely: 

9 TITLE I 

10 DEPARTMENTAL MANAGEMENT AND 

11 OPERATIONS 

12 DEPARTMENTAL OPERATIONS

13 OFFICE OF THE SECRETARY AND EXECUTIVE

14 MANAGEMENT

15 For necessary expenses of the Office of the Secretary 

16 of Homeland Security, as authorized by section 102 of the 

17 Homeland Security Act of 2002 (6 U.S.C. 112), and execu18 tive management of the Department of Homeland Security, 

19 as authorized by law, $130,000,000: Provided, That not to 

20 exceed $45,000 shall be for official reception and representa21 tion expenses: Provided further, That all official costs asso22 ciated with the use of government aircraft by Department 

23 of Homeland Security personnel to support official travel 

24 of the Secretary and the Deputy Secretary shall be paid 

25 from amounts made available for the Immediate Office of 


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1 the Secretary and the Immediate Office of the Deputy Sec2 retary: Provided further, That the Secretary shall submit 

3 to the Committees on Appropriations of the Senate and the 

4 House of Representatives, not later than 90 days after the 

5 date of enactment of this Act, expenditure plans for the Of6 fice of Policy, the Office for Intergovernmental Affairs, the 

7 Office for Civil Rights and Civil Liberties, the Citizenship 

8 and Immigration Services Ombudsman, and the Privacy 

9 Officer. 

10 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

11 For necessary expenses of the Office of the Under Sec12 retary for Management, as authorized by sections 701 

13 through 705 of the Homeland Security Act of 2002 (6 

14 U.S.C. 341 through 345), $218,511,000, of which not to ex15 ceed $2,250 shall be for official reception and representation 

16 expenses: Provided, That of the total amount made available 

17 under this heading, $5,448,000 shall remain available until 

18 September 30, 2017, solely for the alteration and improve19 ment of facilities, tenant improvements, and relocation costs 

20 to consolidate Department headquarters operations at the 

21 Nebraska Avenue Complex; and $9,680,000 shall remain 

22 available until September 30, 2015, for the Human Re23 sources Information Technology program: Provided further, 

24 That the Under Secretary for Management shall, pursuant 

25 to the requirements contained in House Report 112–331, 


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1 submit to the Committees on Appropriations of the Senate 

2 and the House of Representatives with the President’s budg3 et proposal for fiscal year 2014, submitted pursuant to the 

4 requirements of section 1105(a) of title 31, United States 

5 Code, a Comprehensive Acquisition Status Report, which 

6 shall include the information required under the heading 

7 ‘‘Office of the Under Secretary for Management’’ under title 

8 I of division D of the Consolidated Appropriations Act, 

9 2012 (Public Law 112–74), and quarterly updates to such 

10 report not later than 45 days after the completion of each 

11 quarter. 

12 OFFICE OF THE CHIEF FINANCIAL OFFICER

13 For necessary expenses of the Office of the Chief Finan14 cial Officer, as authorized by section 103 of the Homeland 

15 Security Act of 2002 (6 U.S.C. 113), $51,500,000, of which 

16 $5,000,000 shall remain available until September 30, 

17 2014, for financial systems modernization efforts. 

18 OFFICE OF THE CHIEF INFORMATION OFFICER

19 For necessary expenses of the Office of the Chief Infor20 mation Officer, as authorized by section 103 of the Home21 land Security Act of 2002 (6 U.S.C. 113), and Department22 wide technology investments, $243,732,000; of which 

23 $118,000,000 shall be available for salaries and expenses; 

24 and of which $125,732,000, to remain available until Sep25 tember 30, 2015, shall be available for development and acVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00611 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 quisition of information technology equipment, software, 

2 services, and related activities for the Department of Home3 land Security: Provided, That the Department of Homeland 

4 Security Chief Information Officer shall submit to the Com5 mittees on Appropriations of the Senate and the House of 

6 Representatives, at the time that the President’s budget is 

7 submitted each year under section 1105(a) of title 31, 

8 United States Code, a multi-year investment and manage9 ment plan, to include each of fiscal years 2013 through 

10 2016, for all information technology acquisition projects 

11 funded under this heading or funded by multiple compo12 nents of the Department of Homeland Security through re13 imbursable agreements, that includes— 

14 (1) the proposed appropriations included for 

15 each project and activity tied to mission require16 ments, program management capabilities, perform17 ance levels, and specific capabilities and services to be 

18 delivered; 

19 (2) the total estimated cost and projected 

20 timeline of completion for all multi-year enhance21 ments, modernizations, and new capabilities that are 

22 proposed in such budget or underway; 

23 (3) a detailed accounting of operations and 

24 maintenance and contractor services costs; and 


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1 (4) a current acquisition program baseline for 

2 each project, that— 

3 (A) notes and explains any deviations in 

4 cost, performance parameters, schedule, or esti5 mated date of completion from the original ac6 quisition program baseline; 

7 (B) aligns the acquisition programs covered 

8 by the baseline to mission requirements by defin9 ing existing capabilities, identifying known ca10 pability gaps between such existing capabilities 

11 and stated mission requirements, and explaining 

12 how each increment will address such known ca13 pability gaps; and 

14 (C) defines life-cycle costs for such pro15 grams. 

16 ANALYSIS AND OPERATIONS

17 For necessary expenses for intelligence analysis and 

18 operations coordination activities, as authorized by title II 

19 of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

20 $322,280,000; of which not to exceed $3,825 shall be for offi21 cial reception and representation expenses; and of which 

22 $94,359,000 shall remain available until September 30, 

23 2014. 


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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral in carrying out the provisions of the Inspector General 

4 Act of 1978 (5 U.S.C. App.), $121,164,000, of which not 

5 to exceed $300,000 may be used for certain confidential 

6 operational expenses, including the payment of informants, 

7 to be expended at the direction of the Inspector General. 

8 TITLE II 

9 SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

10 U.S. CUSTOMS AND BORDER PROTECTION

11 SALARIES AND EXPENSES

12 For necessary expenses for enforcement of laws relating 

13 to border security, immigration, customs, agricultural in14 spections and regulatory activities related to plant and ani15 mal imports, and transportation of unaccompanied minor 

16 aliens; purchase and lease of up to 7,500 (6,500 for replace17 ment only) police-type vehicles; and contracting with indi18 viduals for personal services abroad; $8,293,351,000; of 

19 which $3,274,000 shall be derived from the Harbor Mainte20 nance Trust Fund for administrative expenses related to the 

21 collection of the Harbor Maintenance Fee pursuant to sec22 tion 9505(c)(3) of the Internal Revenue Code of 1986 (26 

23 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) 

24 of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 

25 of which not to exceed $34,425 shall be for official reception 


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1 and representation expenses; of which such sums as become 

2 available in the Customs User Fee Account, except sums 

3 subject to section 13031(f)(3) of the Consolidated Omnibus 

4 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), 

5 shall be derived from that account; of which not to exceed 

6 $150,000 shall be available for payment for rental space 

7 in connection with preclearance operations; and of which 

8 not to exceed $1,000,000 shall be for awards of compensa9 tion to informants, to be accounted for solely under the cer10 tificate of the Secretary of Homeland Security: Provided, 

11 That for fiscal year 2013, the overtime limitation prescribed 

12 in section 5(c)(1) of the Act of February 13, 1911 (19 

13 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding 

14 any other provision of law, none of the funds appropriated 

15 by this Act shall be available to compensate any employee 

16 of U.S. Customs and Border Protection for overtime, from 

17 whatever source, in an amount that exceeds such limitation, 

18 except in individual cases determined by the Secretary of 

19 Homeland Security, or the designee of the Secretary, to be 

20 necessary for national security purposes, to prevent exces21 sive costs, or in cases of immigration emergencies: Provided 

22 further, That the Border Patrol shall maintain an active 

23 duty presence of not less than 21,370 full-time equivalent 

24 agents protecting the borders of the United States in the 

25 fiscal year. 


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1 AUTOMATION MODERNIZATION

2 For necessary expenses for U.S. Customs and Border 

3 Protection for operation and improvement of automated 

4 systems, including salaries and expenses, $719,866,000; of 

5 which $325,526,000 shall remain available until September 

6 30, 2015; and of which not less than $138,794,000 shall be 

7 for the development of the Automated Commercial Environ8 ment. 

9 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

10 TECHNOLOGY

11 For expenses for border security fencing, infrastruc12 ture, and technology, $324,099,000, to remain available 

13 until September 30, 2015. 

14 AIR AND MARINE OPERATIONS

15 For necessary expenses for the operations, mainte16 nance, and procurement of marine vessels, aircraft, un17 manned aircraft systems, and other related equipment of 

18 the air and marine program, including salaries and ex19 penses and operational training and mission-related travel, 

20 the operations of which include the following: the interdic21 tion of narcotics and other goods; the provision of support 

22 to Federal, State, and local agencies in the enforcement or 

23 administration of laws enforced by the Department of 

24 Homeland Security; and, at the discretion of the Secretary 

25 of Homeland Security, the provision of assistance to FedVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00616 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 eral, State, and local agencies in other law enforcement and 

2 emergency humanitarian efforts; $799,006,000; of which 

3 $283,570,000 shall be available for salaries and expenses; 

4 and of which $515,436,000 shall remain available until 

5 September 30, 2015: Provided, That no aircraft or other 

6 related equipment, with the exception of aircraft that are 

7 one of a kind and have been identified as excess to U.S. 

8 Customs and Border Protection requirements and aircraft 

9 that have been damaged beyond repair, shall be transferred 

10 to any other Federal agency, department, or office outside 

11 of the Department of Homeland Security during fiscal year 

12 2013 without prior notice to the Committees on Appropria13 tions of the Senate and the House of Representatives: Pro14 vided further, That the Secretary of Homeland Security 

15 shall report to the Committees on Appropriations of the 

16 Senate and the House of Representatives, not later than 90 

17 days after the date of enactment of this Act, on any changes 

18 to the 5-year strategic plan for the air and marine program 

19 required under this heading in Public Law 112–74. 

20 CONSTRUCTION AND FACILITIES MANAGEMENT

21 For necessary expenses to plan, acquire, construct, ren22 ovate, equip, furnish, operate, manage, and maintain build23 ings, facilities, and related infrastructure necessary for the 

24 administration and enforcement of the laws relating to cus25 toms, immigration, and border security, $233,563,000, to 


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1 remain available until September 30, 2017: Provided, That 

2 the Commissioner of U.S. Customs and Border Protection 

3 shall submit to the Committees on Appropriations of the 

4 Senate and the House of Representatives, at the time that 

5 the President’s budget proposal is submitted pursuant to the 

6 requirements of section 1105(a) of title 31, United States 

7 Code, an inventory of the real property of U.S. Customs 

8 and Border Protection and a plan for each activity and 

9 project proposed for funding under this heading that in10 cludes the full cost by fiscal year of each activity and project 

11 proposed and underway in fiscal year 2014. 

12 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

13 SALARIES AND EXPENSES

14 For necessary expenses for enforcement of immigration 

15 and customs laws, detention and removals, and investiga16 tions, including overseas vetted units operations; and pur17 chase and lease of up to 3,790 (2,350 for replacement only) 

18 police-type vehicles; $5,394,402,000; of which not to exceed 

19 $10,000,000 shall be available until expended for con20 ducting special operations under section 3131 of the Cus21 toms Enforcement Act of 1986 (19 U.S.C. 2081); of which 

22 not to exceed $11,475 shall be for official reception and rep23 resentation expenses; of which not to exceed $2,000,000 shall 

24 be for awards of compensation to informants, to be ac25 counted for solely under the certificate of the Secretary of 


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1 Homeland Security; of which not less than $305,000 shall 

2 be for promotion of public awareness of the child pornog3 raphy tipline and activities to counter child exploitation; 

4 of which not less than $5,400,000 shall be used to facilitate 

5 agreements consistent with section 287(g) of the Immigra6 tion and Nationality Act (8 U.S.C. 1357(g)); and of which 

7 not to exceed $11,216,000 shall be available to fund or reim8 burse other Federal agencies for the costs associated with 

9 the care, maintenance, and repatriation of smuggled aliens 

10 unlawfully present in the United States: Provided, That 

11 none of the funds made available under this heading shall 

12 be available to compensate any employee for overtime in 

13 an annual amount in excess of $35,000, except that the Sec14 retary of Homeland Security, or the designee of the Sec15 retary, may waive that amount as necessary for national 

16 security purposes and in cases of immigration emergencies: 

17 Provided further, That of the total amount provided, 

18 $15,770,000 shall be for activities to enforce laws against 

19 forced child labor, of which not to exceed $6,000,000 shall 

20 remain available until expended: Provided further, That of 

21 the total amount available, not less than $1,600,000,000 

22 shall be available to identify aliens convicted of a crime 

23 who may be deportable, and to remove them from the United 

24 States once they are judged deportable, of which 

25 $138,249,000 shall be for completion of Secure Communities 


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1 deployment: Provided further, That the Assistant Secretary 

2 of Homeland Security for U.S. Immigration and Customs 

3 Enforcement shall report to the Committees on Appropria4 tions of the Senate and the House of Representatives, not 

5 later than 45 days after the end of each quarter of the fiscal 

6 year, on progress in implementing the preceding proviso 

7 and the funds obligated during that quarter to make such 

8 progress: Provided further, That the Secretary of Homeland 

9 Security shall prioritize the identification and removal of 

10 aliens convicted of a crime by the severity of that crime: 

11 Provided further, That funding made available under this 

12 heading shall maintain a level of not less than 34,000 deten13 tion beds through September 30, 2013: Provided further, 

14 That of the total amount provided, not less than 

15 $2,753,610,000 is for detention and removal operations, in16 cluding transportation of unaccompanied minor aliens: 

17 Provided further, That of the total amount provided, 

18 $10,300,000 shall remain available until September 30, 

19 2014, for the Visa Security Program: Provided further, 

20 That not less than $10,000,000 shall be available for inves21 tigation of intellectual property rights violations, including 

22 operation of the National Intellectual Property Rights Co23 ordination Center: Provided further, That none of the funds 

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1 tion 287(g) of the Immigration and Nationality Act (8 

2 U.S.C. 1357(g)) if the Department of Homeland Security 

3 Inspector General determines that the terms of the agree4 ment governing the delegation of authority have been vio5 lated: Provided further, That none of the funds provided 

6 under this heading may be used to continue any contract 

7 for the provision of detention services if the two most recent 

8 overall performance evaluations received by the contracted 

9 facility are less than ‘‘adequate’’ or the equivalent median 

10 score in any subsequent performance evaluation system: 

11 Provided further, That nothing under this heading shall 

12 prevent U.S. Immigration and Customs Enforcement from 

13 exercising those authorities provided under immigration 

14 laws (as defined in section 101(a)(17) of the Immigration 

15 and Nationality Act (8 U.S.C. 1101(a)(17))) during pri16 ority operations pertaining to aliens convicted of a crime. 

17 AUTOMATION MODERNIZATION

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses of immigration and customs enforcement 

20 automated systems, $33,500,000, to remain available until 

21 September 30, 2015: Provided, That of the total amount 

22 provided, up to $1,000,000 may be transferred to the De23 partment of Justice Executive Office of Immigration Re24 view to improve case management and electronic commu25 nication with U.S. Immigration and Customs Enforcement: 


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1 Provided further, That no transfer described in the previous 

2 proviso shall occur until 15 days after the Committees on 

3 Appropriations of the Senate and the House of Representa4 tives are notified of such transfer. 

5 CONSTRUCTION

6 For necessary expenses to plan, construct, renovate, 

7 equip, and maintain buildings and facilities necessary for 

8 the administration and enforcement of the laws relating to 

9 customs and immigration, $5,000,000, to remain available 

10 until September 30, 2016. 

11 TRANSPORTATION SECURITY ADMINISTRATION

12 AVIATION SECURITY

13 For necessary expenses of the Transportation Security 

14 Administration related to providing civil aviation security 

15 services pursuant to the Aviation and Transportation Secu16 rity Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 

17 40101 note), $5,052,620,000, to remain available until Sep18 tember 30, 2014, of which not to exceed $7,650 shall be for 

19 official reception and representation expenses: Provided, 

20 That of the total amount made available under this head21 ing, not to exceed $3,975,517,000 shall be for screening oper22 ations, of which $408,930,000 shall be available for explo23 sives detection systems; $115,204,000 shall be for checkpoint 

24 support; and not to exceed $1,077,103,000 shall be for avia25 tion security direction and enforcement: Provided further, 


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1 That of the amount made available in the preceding proviso 

2 for explosives detection systems, $99,930,000 shall be avail3 able for the purchase and installation of these systems: Pro4 vided further, That any award to deploy explosives detec5 tion systems shall be based on risk, the airport’s current 

6 reliance on other screening solutions, lobby congestion re7 sulting in increased security concerns, high injury rates, 

8 airport readiness, and increased cost effectiveness: Provided 

9 further, That security service fees authorized under section 

10 44940 of title 49, United States Code, shall be credited to 

11 this appropriation as offsetting collections and shall be 

12 available only for aviation security: Provided further, That 

13 the sum appropriated under this heading from the general 

14 fund shall be reduced on a dollar-for-dollar basis as such 

15 offsetting collections are received during fiscal year 2013 

16 so as to result in a final fiscal year appropriation from 

17 the general fund estimated at not more than 

18 $2,982,620,000: Provided further, That any security service 

19 fees collected in excess of the amount made available under 

20 this heading shall become available during fiscal year 2014: 

21 Provided further, That notwithstanding section 44923 of 

22 title 49, United States Code, for fiscal year 2013, any funds 

23 in the Aviation Security Capital Fund established by sec24 tion 44923(h) of title 49, United States Code, may be used 

25 for the procurement and installation of explosives detection 


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1 systems or for the issuance of other transaction agreements 

2 for the purpose of funding projects described in section 

3 44923(a) of such title: Provided further, That none of the 

4 funds made available in this Act may be used for any re5 cruiting or hiring of personnel into the Transportation Se6 curity Administration that would cause the agency to ex7 ceed a staffing level of 46,000 full-time equivalent screeners: 

8 Provided further, That the preceding proviso shall not 

9 apply to personnel hired as part-time employees: Provided 

10 further, That not later than 90 days after the date of enact11 ment of this Act, the Secretary of Homeland Security shall 

12 submit to the Committees on Appropriations of the Senate 

13 and the House of Representatives a detailed report on— 

14 (1) the Department of Homeland Security efforts 

15 and resources being devoted to develop more advanced 

16 integrated passenger screening technologies for the 

17 most effective security of passengers and baggage at 

18 the lowest possible operating and acquisition costs; 

19 (2) how the Transportation Security Adminis20 tration is deploying its existing passenger and bag21 gage screener workforce in the most cost effective man22 ner; and 

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1 curity costs or reinvested to address security 

2 vulnerabilities: 

3 Provided further, That the Administrator of the Transpor4 tation Security Administration shall, within 270 days of 

5 the date of enactment of this Act, establish procedures allow6 ing members of cabin flight crews of air carriers to partici7 pate in the Known Crewmember pilot program, unless the 

8 Administrator determines that meeting the requirement 

9 within this timeline is not practicable and informs the 

10 Committees on Appropriations of the Senate and House of 

11 Representatives of the basis for that determination and the 

12 new timeline for implementing the requirement: Provided 

13 further, That Members of the United States House of Rep14 resentatives and United States Senate, including the leader15 ship; the heads of Federal agencies and commissions, in16 cluding the Secretary, Deputy Secretary, Under Secretaries, 

17 and Assistant Secretaries of the Department of Homeland 

18 Security; the United States Attorney General, Deputy At19 torney General, Assistant Attorneys General, and the 

20 United States Attorneys; and senior members of the Execu21 tive Office of the President, including the Director of the 

22 Office of Management and Budget, shall not be exempt from 

23 Federal passenger and baggage screening. 


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1 SURFACE TRANSPORTATION SECURITY

2 For necessary expenses of the Transportation Security 

3 Administration related to surface transportation security 

4 activities, $124,418,000, to remain available until Sep5 tember 30, 2014. 

6 TRANSPORTATION THREAT ASSESSMENT AND

7 CREDENTIALING

8 For necessary expenses for the development and imple9 mentation of screening programs of the Office of Transpor10 tation Threat Assessment and Credentialing, $192,424,000, 

11 to remain available until September 30, 2014. 

12 TRANSPORTATION SECURITY SUPPORT

13 For necessary expenses of the Transportation Security 

14 Administration related to transportation security support 

15 and intelligence pursuant to the Aviation and Transpor16 tation Security Act (Public Law 107–71; 115 Stat. 597; 

17 49 U.S.C. 40101 note), $954,277,000, to remain available 

18 until September 30, 2014: Provided, That of the funds ap19 propriated under this heading, $20,000,000 may not be ob20 ligated for headquarters administration until the Adminis21 trator of the Transportation Security Administration sub22 mits to the Committees on Appropriations of the Senate and 

23 the House of Representatives detailed expenditure plans for 

24 air cargo security, checkpoint support, and explosives detec25 tion systems refurbishment, procurement, and installations 


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1 on an airport-by-airport basis for fiscal year 2013: Pro2 vided further, That these plans shall be submitted not later 

3 than 60 days after the date of enactment of this Act. 

4 FEDERAL AIR MARSHALS

5 For necessary expenses of the Federal Air Marshal 

6 Service, $907,757,000: Provided, That the Director of the 

7 Federal Air Marshal Service shall submit to the Committees 

8 on Appropriations of the Senate and the House of Rep9 resentatives not later than 45 days after the date of enact10 ment of this Act a detailed, classified expenditure and staff11 ing plan for ensuring optimal coverage of high risk flights. 

12 COAST GUARD

13 OPERATING EXPENSES

14 For necessary expenses for the operation and mainte15 nance of the Coast Guard, not otherwise provided for; pur16 chase or lease of not to exceed 25 passenger motor vehicles, 

17 which shall be for replacement only; purchase or lease of 

18 small boats for contingent and emergent requirements (at 

19 a unit cost of no more than $700,000) and repairs and serv20 ice-life replacements, not to exceed a total of $31,000,000; 

21 purchase or lease of boats necessary for overseas deploy22 ments and activities; minor shore construction projects not 

23 exceeding $1,000,000 in total cost on any location; pay24 ments pursuant to section 156 of Public Law 97–377 (42 

25 U.S.C. 402 note; 96 Stat. 1920); and recreation and welVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00627 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 fare; $7,074,782,000; of which $594,000,000 shall be for de2 fense-related activities, of which $254,000,000 is designated 

3 by the Congress for Overseas Contingency Operations/Glob4 al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 

5 of the Balanced Budget and Emergency Deficit Control Act 

6 of 1985; of which $24,500,000 shall be derived from the Oil 

7 Spill Liability Trust Fund to carry out the purposes of sec8 tion 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

9 2712(a)(5)); and of which not to exceed $15,300 shall be 

10 for official reception and representation expenses: Provided, 

11 That none of the funds made available by this Act shall 

12 be for expenses incurred for recreational vessels under sec13 tion 12114 of title 46, United States Code, except to the 

14 extent fees are collected from owners of yachts and credited 

15 to this appropriation: Provided further, That of the funds 

16 provided under this heading, $75,000,000 shall be withheld 

17 from obligation for Coast Guard Headquarters Directorates 

18 until a revised future-years capital investment plan for fis19 cal years 2014 through 2018, as specified under the heading 

20 Coast Guard ‘‘Acquisition, Construction, and Improve21 ments’’ of this Act is submitted to the Committees on Appro22 priations of the Senate and the House of Representatives: 

23 Provided further, That funds made available under this 

24 heading for Overseas Contingency Operations/Global War 


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1 on Terrorism may be allocated by program, project, and 

2 activity, notwithstanding section 503 of this Act. 

3 ENVIRONMENTAL COMPLIANCE AND RESTORATION

4 For necessary expenses to carry out the environmental 

5 compliance and restoration functions of the Coast Guard 

6 under chapter 19 of title 14, United States Code, 

7 $13,151,000, to remain available until September 30, 2017. 

8 RESERVE TRAINING

9 For necessary expenses of the Coast Guard Reserve, as 

10 authorized by law; operations and maintenance of the Coast 

11 Guard reserve program; personnel and training costs; and 

12 equipment and services; $132,528,000. 

13 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

14 For necessary expenses of acquisition, construction, 

15 renovation, and improvement of aids to navigation, shore 

16 facilities, vessels, and aircraft, including equipment related 

17 thereto; and maintenance, rehabilitation, lease and oper18 ation of facilities and equipment; as authorized by law; 

19 $1,545,393,000; of which $20,000,000 shall be derived from 

20 the Oil Spill Liability Trust Fund to carry out the purposes 

21 of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

22 U.S.C. 2712(a)(5)); of which $10,000,000 shall remain 

23 available until September 30, 2017, for military family 

24 housing, of which not more than $6,828,691 shall be derived 

25 from the Coast Guard Housing Fund established pursuant 


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1 to 14 U.S.C. 687; of which $1,082,800,000 shall be available 

2 until September 30, 2017, to acquire, effect major repairs 

3 to, renovate, or improve vessels, small boats, and related 

4 equipment; of which $190,500,000 shall be available until 

5 September 30, 2017, to acquire, effect major repairs to, ren6 ovate, or improve aircraft or increase aviation capability; 

7 of which $64,000,000 shall be available until September 30, 

8 2017, for other acquisition programs; of which $84,411,000 

9 shall be available until September 30, 2017, for shore facili10 ties and aids to navigation, including waterfront facilities 

11 at Navy installations used by the Coast Guard; of which 

12 $113,682,000 shall be available for personnel compensation 

13 and benefits and related costs: Provided, That the funds 

14 provided by this Act shall be immediately available and al15 lotted to contract for the production of the sixth National 

16 Security Cutter notwithstanding the availability of funds 

17 for post-production costs: Provided further, That the funds 

18 provided by this Act shall be immediately available and al19 lotted to contract for long lead time materials, components, 

20 and designs for the seventh National Security Cutter not21 withstanding the availability of funds for production costs 

22 or post-production costs: Provided further, That the Com23 mandant of the Coast Guard shall submit to the Committees 

24 on Appropriations of the Senate and the House of Rep25 resentatives, at the time that the President’s budget is subVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00630 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 mitted each year under section 1105(a) of title 31, United 

2 States Code, a future-years capital investment plan for the 

3 Coast Guard that identifies for each requested capital 

4 asset— 

5 (1) the proposed appropriations included in that 

6 budget; 

7 (2) the total estimated cost of completion, includ8 ing and clearly delineating the costs of associated 

9 major acquisition systems infrastructure and transi10 tion to operations; 

11 (3) projected funding levels for each fiscal year 

12 for the next 5 fiscal years or until acquisition pro13 gram baseline or project completion, whichever is ear14 lier; 

15 (4) an estimated completion date at the projected 

16 funding levels; and 

17 (5) a current acquisition program baseline for 

18 each capital asset, as applicable, that— 

19 (A) includes the total acquisition cost of 

20 each asset, subdivided by fiscal year and includ21 ing a detailed description of the purpose of the 

22 proposed funding levels for each fiscal year, in23 cluding for each fiscal year funds requested for 

24 design, pre-acquisition activities, production, 


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1 structural modifications, missionization, post-de2 livery, and transition to operations costs; 

3 (B) includes a detailed project schedule 

4 through completion, subdivided by fiscal year, 

5 that details— 

6 (i) quantities planned for each fiscal 

7 year; and 

8 (ii) major acquisition and project 

9 events, including development of operational 

10 requirements, contracting actions, design re11 views, production, delivery, test and evalua12 tion, and transition to operations, includ13 ing necessary training, shore infrastructure, 

14 and logistics; 

15 (C) notes and explains any deviations in 

16 cost, performance parameters, schedule, or esti17 mated date of completion from the original ac18 quisition program baseline and the most recent 

19 baseline approved by the Department of Home20 land Security’s Acquisition Review Board, if ap21 plicable; 

22 (D) aligns the acquisition of each asset to 

23 mission requirements by defining existing capa24 bilities of comparable legacy assets, identifying 

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1 pabilities and stated mission requirements, and 

2 explaining how the acquisition of each asset will 

3 address such known capability gaps; 

4 (E) defines life-cycle costs for each asset and 

5 the date of the estimate on which such costs are 

6 based, including all associated costs of major ac7 quisitions systems infrastructure and transition 

8 to operations, delineated by purpose and fiscal 

9 year for the projected service life of the asset; 

10 (F) includes the earned value management 

11 system summary schedule performance index and 

12 cost performance index for each asset, if applica13 ble; and 

14 (G) includes a phase-out and decommis15 sioning schedule delineated by fiscal year for 

16 each existing legacy asset that each asset is in17 tended to replace or recapitalize: 

18 Provided further, That the Commandant of the Coast Guard 

19 shall ensure that amounts specified in the future-years cap20 ital investment plan are consistent, to the maximum extent 

21 practicable, with proposed appropriations necessary to sup22 port the programs, projects, and activities of the Coast 

23 Guard in the President’s budget as submitted under section 

24 1105(a) of title 31, United States Code, for that fiscal year: 

25 Provided further, That any inconsistencies between the capVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00633 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 ital investment plan and proposed appropriations shall be 

2 identified and justified: Provided further, That subsections 

3 (a) and (b) of section 6402 of Public Law 110–28 shall 

4 apply with respect to the amounts made available under 

5 this heading. 

6 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

7 For necessary expenses for applied scientific research, 

8 development, test, and evaluation; and for maintenance, re9 habilitation, lease, and operation of facilities and equip10 ment; as authorized by law; $19,690,000, to remain avail11 able until September 30, 2017, of which $500,000 shall be 

12 derived from the Oil Spill Liability Trust Fund to carry 

13 out the purposes of section 1012(a)(5) of the Oil Pollution 

14 Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there 

15 may be credited to and used for the purposes of this appro16 priation funds received from State and local governments, 

17 other public authorities, private sources, and foreign coun18 tries for expenses incurred for research, development, test19 ing, and evaluation. 

20 RETIRED PAY

21 For retired pay, including the payment of obligations 

22 otherwise chargeable to lapsed appropriations for this pur23 pose, payments under the Retired Serviceman’s Family 

24 Protection and Survivor Benefits Plans, payment for career 

25 status bonuses, concurrent receipts and combat-related speVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00634 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 cial compensation under the National Defense Authoriza2 tion Act, and payments for medical care of retired per3 sonnel and their dependents under chapter 55 of title 10, 

4 United States Code, $1,423,000,000, to remain available 

5 until expended. 

6 UNITED STATES SECRET SERVICE

7 SALARIES AND EXPENSES

8 For necessary expenses of the United States Secret 

9 Service, including purchase of not to exceed 652 vehicles 

10 for police-type use for replacement only; hire of passenger 

11 motor vehicles; purchase of motorcycles made in the United 

12 States; hire of aircraft; services of expert witnesses at such 

13 rates as may be determined by the Director of the Secret 

14 Service; rental of buildings in the District of Columbia, and 

15 fencing, lighting, guard booths, and other facilities on pri16 vate or other property not in Government ownership or con17 trol, as may be necessary to perform protective functions; 

18 payment of per diem or subsistence allowances to employees 

19 in cases in which a protective assignment on the actual day 

20 or days of the visit of a protectee requires an employee to 

21 work 16 hours per day or to remain overnight at a post 

22 of duty; conduct of and participation in firearms matches; 

23 presentation of awards; travel of United States Secret Serv24 ice employees on protective missions without regard to the 

25 limitations on such expenditures in this or any other Act 


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1 if approval is obtained in advance from the Committees on 

2 Appropriations of the Senate and the House of Representa3 tives; research and development; grants to conduct behav4 ioral research in support of protective research and oper5 ations; and payment in advance for commercial accom6 modations as may be necessary to perform protective func7 tions; $1,555,913,000; of which not to exceed $19,125 shall 

8 be for official reception and representation expenses; of 

9 which not to exceed $100,000 shall be to provide technical 

10 assistance and equipment to foreign law enforcement orga11 nizations in counterfeit investigations; of which $2,366,000 

12 shall be for forensic and related support of investigations 

13 of missing and exploited children; of which $6,000,000 shall 

14 be for a grant for activities related to investigations of miss15 ing and exploited children and shall remain available until 

16 September 30, 2014; and of which $4,000,000 shall be for 

17 activities related to training in electronic crimes investiga18 tions and forensics: Provided, That up to $18,000,000 for 

19 protective travel shall remain available until September 30, 

20 2014: Provided further, That $4,500,000 for National Spe21 cial Security Events shall remain available until September 

22 30, 2014: Provided further, That the United States Secret 

23 Service is authorized to obligate funds in anticipation of 

24 reimbursements from Federal agencies and entities, as de25 fined in section 105 of title 5, United States Code, for perVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00636 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 sonnel receiving training sponsored by the James J. Rowley 

2 Training Center, except that total obligations at the end 

3 of the fiscal year shall not exceed total budgetary resources 

4 available under this heading at the end of the fiscal year: 

5 Provided further, That none of the funds made available 

6 under this heading shall be available to compensate any em7 ployee for overtime in an annual amount in excess of 

8 $35,000, except that the Secretary of Homeland Security, 

9 or the designee of the Secretary, may waive that amount 

10 as necessary for national security purposes: Provided fur11 ther, That none of the funds made available to the United 

12 States Secret Service by this Act or by previous appropria13 tions Acts may be made available for the protection of the 

14 head of a Federal agency other than the Secretary of Home15 land Security: Provided further, That the Director of the 

16 United States Secret Service may enter into an agreement 

17 to provide such protection on a fully reimbursable basis: 

18 Provided further, That none of the funds made available 

19 to the United States Secret Service by this Act or by pre20 vious appropriations Acts may be obligated for the purpose 

21 of opening a new permanent domestic or overseas office or 

22 location unless the Committees on Appropriations of the 

23 Senate and the House of Representatives are notified 15 

24 days in advance of such obligation: Provided further, That 

25 for purposes of section 503(b) of this Act, $15,000,000 or 


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1 10 percent, whichever is less, may be transferred between 

2 ‘‘Protection of persons and facilities’’ and ‘‘Domestic field 

3 operations’’. 

4 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

5 RELATED EXPENSES

6 For necessary expenses for acquisition, construction, 

7 repair, alteration, and improvement of physical and techno8 logical infrastructure, $56,750,000; of which $4,430,000, to 

9 remain available until September 30, 2017, shall be for ac10 quisition, construction, improvement, and maintenance of 

11 facilities; and of which $52,320,000, to remain available 

12 until September 30, 2015, shall be for information integra13 tion and technology transformation execution: Provided, 

14 That the Director of the United States Secret Service shall 

15 submit to the Committees on Appropriations of the Senate 

16 and the House of Representatives at the time that the Presi17 dent’s budget proposal for fiscal year 2014 is submitted pur18 suant to the requirements of section 1105(a) of title 31, 

19 United States Code, a multi-year investment and manage20 ment plan for its Information Integration and Technology 

21 Transformation program that describes funding for the cur22 rent fiscal year and the following 3 fiscal years, with associ23 ated plans for systems acquisition and technology deploy24 ment. 


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1 TITLE III 

2 PROTECTION, PREPAREDNESS, RESPONSE, AND 

3 RECOVERY 

4 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

5 MANAGEMENT AND ADMINISTRATION

6 For salaries and expenses of the Office of the Under 

7 Secretary for the National Protection and Programs Direc8 torate, support for operations, and information technology, 

9 $50,220,000: Provided, That not to exceed $3,825 shall be 

10 for official reception and representation expenses. 

11 INFRASTRUCTURE PROTECTION AND INFORMATION

12 SECURITY

13 For necessary expenses for infrastructure protection 

14 and information security programs and activities, as au15 thorized by title II of the Homeland Security Act of 2002 

16 (6 U.S.C. 121 et seq.), $1,157,529,000, of which 

17 $200,000,000, shall remain available until September 30, 

18 2014: Provided, That of the total amount provided for the 

19 ‘‘Infrastructure security compliance’’ program, project, and 

20 activity, $20,000,000 shall not be available for obligation 

21 until the Under Secretary for the National Protection and 

22 Programs Directorate submits to the Committees on Appro23 priations of the Senate and the House of Representatives 

24 an expenditure plan for the Chemical Facility Anti-Ter25 rorism Standards program that includes the number of faVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00639 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 cilities covered by the program, inspectors on-board, inspec2 tions pending, and inspections projected to be completed by 

3 September 30, 2013. 

4 FEDERAL PROTECTIVE SERVICE

5 The revenues and collections of security fees credited 

6 to this account shall be available until expended for nec7 essary expenses related to the protection of federally owned 

8 and leased buildings and for the operations of the Federal 

9 Protective Service: Provided, That the Secretary of Home10 land Security and the Director of the Office of Management 

11 and Budget shall certify in writing to the Committees on 

12 Appropriations of the Senate and the House of Representa13 tives not later than May 1, 2013, that the operations of 

14 the Federal Protective Service will be fully funded in fiscal 

15 year 2013 through revenues and collection of security fees, 

16 and shall adjust the fees to ensure fee collections are suffi17 cient to ensure that the Federal Protective Service main18 tains not fewer than 1,371 full-time equivalent staff and 

19 1,007 full-time equivalent Police Officers, Inspectors, Area 

20 Commanders, and Special Agents who, while working, are 

21 directly engaged on a daily basis protecting and enforcing 

22 laws at Federal buildings (referred to as ‘‘in-service field 

23 staff’’): Provided further, That the Director of the Federal 

24 Protective Service shall include with the submission of the 

25 President’s fiscal year 2014 budget a strategic human capVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00640 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 ital plan that aligns fee collections to personnel require2 ments based on a current threat assessment. 

3 OFFICE OF BIOMETRIC IDENTITY MANAGEMENT

4 For necessary expenses for the Office of Biometric 

5 Identity Management, as authorized by section 7208 of the 

6 Intelligence Reform and Terrorism Prevention Act of 2004 

7 (8 U.S.C. 1365b), $232,422,000: Provided, That of the total 

8 amount made available under this heading, $113,956,000 

9 shall remain available until September 30, 2015: Provided 

10 further, That the Secretary of Homeland Security shall sub11 mit to the Committees on Appropriations of the Senate and 

12 the House of Representatives, not later than 60 days after 

13 the date of enactment of this Act, an expenditure plan for 

14 the Office of Biometric Identity Management: Provided fur15 ther, That the Secretary shall submit to the Committees on 

16 Appropriations of the Senate and the House of Representa17 tives at the time the President’s budget is submitted each 

18 year under section 1105(a) of title 31, United States Code, 

19 a multi-year investment and management plan for the Of20 fice of Biometric Identity Management program, to include 

21 each fiscal year starting with the current fiscal year and 

22 the 3 subsequent fiscal years, that provides— 

23 (1) the proposed appropriation for each activity 

24 tied to mission requirements and outcomes, program 

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1 cific capabilities and services to be delivered, noting 

2 any deviations in cost or performance from the prior 

3 fiscal years expenditure or investment and manage4 ment plan for United States Visitor and Immigrant 

5 Status Indicator Technology; 

6 (2) the total estimated cost, projected funding by 

7 fiscal year, and projected timeline of completion for 

8 all enhancements, modernizations, and new capabili9 ties proposed in such budget and underway, including 

10 and clearly delineating associated efforts and funds 

11 requested by other agencies within the Department of 

12 Homeland Security and in the Federal Government 

13 and detailing any deviations in cost, performance, 

14 schedule, or estimated date of completion provided in 

15 the prior fiscal years expenditure or investment and 

16 management plan for United States Visitor and Im17 migrant Status Indicator Technology; and 

18 (3) a detailed accounting of operations and 

19 maintenance, contractor services, and program costs 

20 associated with the management of identity services: 

21 Provided further, That amounts obligated under Public 

22 Law 112–175 for National Protection and Programs Direc23 torate, ‘‘United States Visitor and Immigrant Status Indi24 cator Technology’’ shall be charged to the appropriate suc25 cessor account of the following: National Protection and 


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1 Programs Directorate, ‘‘Office of Biometric Identity Man2 agement’’; U.S. Customs and Border Protection, ‘‘Salaries 

3 and Expenses’’; or U.S. Immigration and Customs Enforce4 ment, ‘‘Salaries and Expenses’’. 

5 OFFICE OF HEALTH AFFAIRS

6 For necessary expenses of the Office of Health Affairs, 

7 $132,499,000; of which $26,702,000 is for salaries and ex8 penses; and of which $85,390,000 is for BioWatch oper9 ations: Provided, That of the amount made available under 

10 this heading, $20,407,000 shall remain available until Sep11 tember 30, 2014, for biosurveillance, chemical defense, med12 ical and health planning and coordination, and workforce 

13 health protection: Provided further, That not to exceed 

14 $2,250 shall be for official reception and representation ex15 penses. 

16 FEDERAL EMERGENCY MANAGEMENT AGENCY

17 SALARIES AND EXPENSES

18 For necessary expenses of the Federal Emergency Man19 agement Agency, $973,118,000, including activities author20 ized by the National Flood Insurance Act of 1968 (42 

21 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 

22 and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 

23 Cerro Grande Fire Assistance Act of 2000 (division C, title 

24 I, 114 Stat. 583), the Earthquake Hazards Reduction Act 

25 of 1977 (42 U.S.C. 7701 et seq.), the Defense Production 


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1 Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 

2 303 of the National Security Act of 1947 (50 U.S.C. 404, 

3 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 

4 the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), 

5 the Implementing Recommendations of the 9/11 Commis6 sion Act of 2007 (Public Law 110–53), the Federal Fire 

7 Prevention and Control Act of 1974 (15 U.S.C. 2201 et 

8 seq.), the Post-Katrina Emergency Management Reform Act 

9 of 2006 (Public Law 109–295; 120 Stat. 1394), and the 

10 Biggert-Waters Flood Insurance Reform Act of 2012 (Public 

11 Law 112–141, 126 Stat. 917): Provided, That not to exceed 

12 $2,250 shall be for official reception and representation ex13 penses: Provided further, That for fiscal year 2013 and 

14 thereafter, for purposes of planning, coordination, execu15 tion, and decision making related to mass evacuation dur16 ing a disaster, the Governors of the State of West Virginia 

17 and the Commonwealth of Pennsylvania, or their designees, 

18 shall be incorporated into efforts to integrate the activities 

19 of Federal, State, and local governments in the National 

20 Capital Region, as defined in section 882 of the Homeland 

21 Security Act of 2002 (Public Law 107–296): Provided fur22 ther, That of the total amount made available under this 

23 heading, $35,180,000 shall be for the Urban Search and 

24 Rescue Response System, of which none is available for Fed25 eral Emergency Management Agency administrative costs: 


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1 Provided further, That of the total amount made available 

2 under this heading, $22,000,000 shall remain available 

3 until September 30, 2014, for capital improvements and 

4 other expenses related to continuity of operations at the 

5 Mount Weather Emergency Operations Center: Provided 

6 further, That of the total amount made available under this 

7 heading, $5,000,000 shall remain available until September 

8 30, 2014, for expenses related to modernization of auto9 mated systems: Provided further, That the Administrator 

10 of the Federal Emergency Management Agency, in consulta11 tion with the Department of Homeland Security Chief In12 formation Officer, shall submit to the Committees on Appro13 priations of the Senate and the House of Representatives 

14 an expenditure plan including results to date, plans for the 

15 program, and a list of projects with associated funding pro16 vided from prior appropriations and provided by this Act 

17 for modernization of automated systems. 

18 STATE AND LOCAL PROGRAMS

19 For grants contracts, cooperative agreements, and 

20 other activities, $1,466,082,000, which shall be allocated as 

21 follows: 

22 (1) Not less than $346,600,000 shall be for the 

23 State Homeland Security Grant Program under sec24 tion 2004 of the Homeland Security Act of 2002 (6 

25 U.S.C. 605), of which not less than $46,600,000 shall 


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1 be for Operation Stonegarden: Provided, That not2 withstanding subsection (c)(4) of such section 2004, 

3 for fiscal year 2013, the Commonwealth of Puerto 

4 Rico shall make available to local and tribal govern5 ments amounts provided to the Commonwealth of 

6 Puerto Rico under this paragraph in accordance with 

7 subsection (c)(1) of such section 2004. 

8 (2) Not less than $500,376,000 shall be for the 

9 Urban Area Security Initiative under section 2003 of 

10 the Homeland Security Act of 2002 (6 U.S.C. 604), 

11 of which not less than $10,000,000 shall be for organi12 zations (as described under section 501(c)(3) of the 

13 Internal Revenue Code of 1986 and exempt from tax 

14 section 501(a) of such code) determined by the Sec15 retary of Homeland Security to be at high risk of a 

16 terrorist attack. 

17 (3) Not less than $97,500,000 shall be for Public 

18 Transportation Security Assistance and Railroad Se19 curity Assistance under sections 1406 and 1513 of the 

20 Implementing Recommendations of the 9/11 Commis21 sion Act of 2007 (Public Law 110–53; 6 U.S.C. 1135 

22 and 1163), of which not less than $10,000,000 shall 

23 be for Amtrak security: Provided, That such public 

24 transportation security assistance shall be provided 

25 directly to public transportation agencies. 


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1 (4) Not less than $97,500,000 shall be for Port 

2 Security Grants in accordance with 46 U.S.C. 70107. 

3 (5) Notwithstanding section 503 of this Act, 

4 $188,932,000 shall be distributed, according to threat, 

5 vulnerability, and consequence, at the discretion of the 

6 Secretary of Homeland Security based on the fol7 lowing authorities: 

8 (A) The State Homeland Security Grant 

9 Program under section 2004 of the Homeland 

10 Security Act of 2002 (6 U.S.C. 605): Provided, 

11 That notwithstanding subsection (c)(4) of such 

12 section 2004, for fiscal year 2013, the Common13 wealth of Puerto Rico shall make available to 

14 local and tribal governments amounts provided 

15 to the Commonwealth of Puerto Rico under this 

16 paragraph in accordance with subsection (c)(1) 

17 of such section 2004. 

18 (B) Operation Stonegarden. 

19 (C) The Urban Area Security Initiative 

20 under section 2003 of the Homeland Security 

21 Act of 2002 (6 U.S.C. 604). 

22 (D) Organizations (as described under sec23 tion 501(c)(3) of the Internal Revenue Code of 

24 1986 and exempt from tax section 501(a) of such 


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1 code) determined by the Secretary of Homeland 

2 Security to be at high risk of a terrorist attack. 

3 (E) Public Transportation Security Assist4 ance and Railroad Security Assistance, under 

5 sections 1406 and 1513 of the Implementing Rec6 ommendations of the 9/11 Commission Act of 

7 2007 (6 U.S.C. 1135 and 1163), including Am8 trak security: Provided, That such public trans9 portation security assistance shall be provided 

10 directly to public transportation agencies. 

11 (F) Port Security Grants in accordance 

12 with 46 U.S.C. 70107. 

13 (G) Over-the-Road Bus Security Assistance 

14 under section 1532 of the Implementing Rec15 ommendations of the 9/11 Commission Act of 

16 2007 (Public Law 110–53; 6 U.S.C. 1182). 

17 (H) The Metropolitan Medical Response 

18 System under section 635 of the Post-Katrina 

19 Emergency Management Reform Act of 2006 (6 

20 U.S.C. 723). 

21 (I) The Citizen Corps Program. 

22 (J) The Driver’s License Security Grants 

23 Program in accordance with section 204 of the 

24 REAL ID Act of 2005 (49 U.S.C. 30301 note). 


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1 (K) The Interoperable Emergency Commu2 nications Grant Program under section 1809 of 

3 the Homeland Security Act of 2002 (6 U.S.C. 

4 579). 

5 (L) Emergency Operations Centers under 

6 section 614 of the Robert T. Stafford Disaster 

7 Relief and Emergency Assistance Act (42 U.S.C. 

8 5196c). 

9 (M) The Buffer Zone Protection Program 

10 Grants. 

11 (N) Regional Catastrophic Preparedness 

12 Grants. 

13 (6) $235,174,000 shall be to sustain current op14 erations for training, exercises, technical assistance, 

15 and other programs, of which $157,991,000 shall be 

16 for training of State, local, and tribal emergency re17 sponse providers: 

18 Provided, That for grants under paragraphs (1) through 

19 (5), applications for grants shall be made available to eligi20 ble applicants not later than 60 days after the date of enact21 ment of this Act, that eligible applicants shall submit appli22 cations not later than 80 days after the grant announce23 ment, and the Administrator of the Federal Emergency 

24 Management Agency shall act within 65 days after the re25 ceipt of an application: Provided further, That notwithVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00649 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 standing section 2008(a)(11) of the Homeland Security Act 

2 of 2002 (6 U.S.C. 609(a)(11)), or any other provision of 

3 law, a grantee may not use more than 5 percent of the 

4 amount of a grant made available under this heading for 

5 expenses directly related to administration of the grant: 

6 Provided further, That for grants under paragraphs (1) and 

7 (2), the installation of communications towers is not con8 sidered construction of a building or other physical facility: 

9 Provided further, That grantees shall provide reports on 

10 their use of funds, as determined necessary by the Secretary 

11 of Homeland Security: Provided further, That in fiscal year 

12 2013 and thereafter: (a) the Center for Domestic Prepared13 ness may provide training to emergency response providers 

14 from the Federal Government, foreign governments, or pri15 vate entities, if the Center for Domestic Preparedness is re16 imbursed for the cost of such training, and any reimburse17 ment under this subsection shall be credited to the account 

18 from which the expenditure being reimbursed was made and 

19 shall be available, without fiscal year limitation, for the 

20 purposes for which amounts in the account may be ex21 pended; (b) the head of the Center for Domestic Prepared22 ness shall ensure that any training provided under (a) does 

23 not interfere with the primary mission of the Center to 

24 train State and local emergency response providers; and (c) 

25 subject to (b), nothing in (a) prohibits the Center for DomesVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00650 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 tic Preparedness from providing training to employees of 

2 the Federal Emergency Management Agency in existing 

3 chemical, biological, radiological, nuclear, explosives, mass 

4 casualty, and medical surge courses pursuant to 5 U.S.C. 

5 4103 without reimbursement for the cost of such training. 

6 FIREFIGHTER ASSISTANCE GRANTS

7 For grants for programs authorized by the Federal 

8 Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 

9 et seq.), $675,000,000, to remain available until September 

10 30, 2014, of which $337,500,000 shall be available to carry 

11 out section 33 of that Act (15 U.S.C. 2229) and 

12 $337,500,000 shall be available to carry out section 34 of 

13 that Act (15 U.S.C. 2229a). 

14 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

15 For emergency management performance grants, as 

16 authorized by the National Flood Insurance Act of 1968 (42 

17 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 

18 and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 

19 Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 

20 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 

21 U.S.C. App.), $350,000,000. 

22 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

23 The aggregate charges assessed during fiscal year 2013, 

24 as authorized in title III of the Departments of Veterans 

25 Affairs and Housing and Urban Development, and IndeVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00651 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 pendent Agencies Appropriations Act, 1999 (42 U.S.C. 

2 5196e), shall not be less than 100 percent of the amounts 

3 anticipated by the Department of Homeland Security nec4 essary for its radiological emergency preparedness program 

5 for the next fiscal year: Provided, That the methodology for 

6 assessment and collection of fees shall be fair and equitable 

7 and shall reflect costs of providing such services, including 

8 administrative costs of collecting such fees: Provided fur9 ther, That fees received under this heading shall be deposited 

10 in this account as offsetting collections and will become 

11 available for authorized purposes on October 1, 2013, and 

12 remain available until September 30, 2015. 

13 UNITED STATES FIRE ADMINISTRATION

14 For necessary expenses of the United States Fire Ad15 ministration and for other purposes, as authorized by the 

16 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 

17 2201 et seq.) and the Homeland Security Act of 2002 (6 

18 U.S.C. 101 et seq.), $44,000,000. 

19 DISASTER RELIEF FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses in carrying out the Robert T. 

22 Stafford Disaster Relief and Emergency Assistance Act (42 

23 U.S.C. 5121 et seq.), $7,007,926,000, to remain available 

24 until expended, of which $24,000,000 shall be transferred 

25 to the Department of Homeland Security Office of Inspector 


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1 General for audits and investigations related to disasters: 

2 Provided, That the Administrator of the Federal Emergency 

3 Management Agency shall submit an expenditure plan to 

4 the Committees on Appropriations of the Senate and the 

5 House of Representatives detailing the use of the funds made 

6 available in this or any other Act for disaster readiness and 

7 support not later than 60 days after the date of enactment 

8 of this Act: Provided further, That the Administrator of the 

9 Federal Emergency Management Agency shall submit to 

10 such Committees a quarterly report detailing obligations 

11 against the expenditure plan and a justification for any 

12 changes from the initial plan: Provided further, That the 

13 Administrator of the Federal Emergency Management 

14 Agency shall submit to the Committees on Appropriations 

15 of the Senate and the House of Representatives the following 

16 reports, including a specific description of the methodology 

17 and the source data used in developing such reports: 

18 (1) an estimate of the following amounts shall be 

19 submitted for the budget year at the time that the 

20 President’s budget is submitted each year under sec21 tion 1105(a) of title 31, United States Code: 

22 (A) the unobligated balance of funds to be 

23 carried over from the prior fiscal year to the 

24 budget year; 


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1 (B) the unobligated balance of funds to be 

2 carried over from the budget year to the budget 

3 year plus 1; 

4 (C) the amount of obligations for non-cata5 strophic events for the budget year; 

6 (D) the amount of obligations for the budget 

7 year for catastrophic events delineated by event 

8 and by State; 

9 (E) the total amount that has been pre10 viously obligated or will be required for cata11 strophic events delineated by event and by State 

12 for all prior years, the current year, the budget 

13 year, the budget year plus 1, the budget year 

14 plus 2, and the budget year plus 3 and beyond; 

15 (F) the amount of previously obligated 

16 funds that will be recovered for the budget year; 

17 (G) the amount that will be required for ob18 ligations for emergencies, as described in section 

19 102(1) of the Robert T. Stafford Disaster Relief 

20 and Emergency Assistance Act (42 U.S.C. 

21 5122(1)), major disasters, as described in section 

22 102(2) of the Robert T. Stafford Disaster Relief 

23 and Emergency Assistance Act (42 U.S.C. 

24 5122(2)), fire management assistance grants, as 

25 described in section 420 of the Robert T. Stafford 


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1 Disaster Relief and Emergency Assistance Act 

2 (42 U.S.C. 5187), surge activities, and disaster 

3 readiness and support activities; 

4 (H) the amount required for activities not 

5 covered under section 251(b)(2)(D)(iii) of the 

6 Balanced Budget and Emergency Deficit Control 

7 Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii); Public 

8 Law 99–177); 

9 (2) an estimate or actual amounts, if available, 

10 of the following for the current fiscal year shall be 

11 submitted not later than the fifth day of each month: 

12 (A) a summary of the amount of appropria13 tions made available by source, the transfers exe14 cuted, the previously allocated funds recovered, 

15 and the commitments, allocations, and obliga16 tions made; 

17 (B) a table of disaster relief activity delin18 eated by month, including— 

19 (i) the beginning and ending balances; 

20 (ii) the total obligations to include 

21 amounts obligated for fire assistance, emer22 gencies, surge, and disaster support activi23 ties; 


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1 (iii) the obligations for catastrophic 

2 events delineated by event and by State; 

3 and 

4 (iv) the amount of previously obligated 

5 funds that are recovered; 

6 (C) a summary of allocations, obligations, 

7 and expenditures for catastrophic events delin8 eated by event; and 

9 (D) the date on which funds appropriated 

10 will be exhausted: 

11 Provided further, That of the amount provided under this 

12 heading, $6,400,000,000 is for major disasters declared pur13 suant to the Robert T. Stafford Disaster Relief and Emer14 gency Assistance Act (42 U.S.C. 5121 et seq.): Provided fur15 ther, That the amount in the preceding proviso is des16 ignated by the Congress as being for disaster relief pursuant 

17 to section 251(b)(2)(D) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 

19 FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

20 For necessary expenses, including administrative costs, 

21 under section 1360 of the National Flood Insurance Act of 

22 1968 (42 U.S.C. 4101) and under sections 100215, 100216, 

23 100226, 100230, and 100246 of the Biggert-Waters Flood 

24 Insurance Reform Act of 2012 (Public Law 112–141, 126 

25 Stat. 917), $95,329,000, and such additional sums as may 


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1 be provided by State and local governments or other polit2 ical subdivisions for cost-shared mapping activities under 

3 section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to re4 main available until expended. 

5 NATIONAL FLOOD INSURANCE FUND

6 For activities under the National Flood Insurance Act 

7 of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protec8 tion Act of 1973 (42 U.S.C. 4001 et seq.), and the Biggert9 Waters Flood Insurance Reform Act of 2012 (Public Law 

10 112–141, 126 Stat. 917), $171,000,000, which shall be de11 rived from offsetting amounts collected under section 

12 1308(d) of the National Flood Insurance Act of 1968 (42 

13 U.S.C. 4015(d)); of which not to exceed $22,000,000 shall 

14 be available for salaries and expenses associated with flood 

15 mitigation and flood insurance operations; and not less 

16 than $149,000,000 shall be available for flood plain man17 agement and flood mapping, to remain available until Sep18 tember 30, 2014: Provided, That any additional fees col19 lected pursuant to section 1308(d) of the National Flood 

20 Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be credited 

21 as an offsetting collection to this account, to be available 

22 for flood plain management and flood mapping: Provided 

23 further, That in fiscal year 2013, no funds shall be available 

24 from the National Flood Insurance Fund under section 

25 1310 of that Act (42 U.S.C. 4017) in excess of: 


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1 (1) $132,000,000 for operating expenses; 

2 (2) $1,056,602,000 for commissions and taxes of 

3 agents; 

4 (3) such sums as are necessary for interest on 

5 Treasury borrowings; and 

6 (4) $120,000,000, which shall remain available 

7 until expended, for flood mitigation actions under sec8 tion 1366 of the National Flood Insurance Act of 

9 1968 (42 U.S.C. 4104c): Provided further, That the 

10 amounts collected under section 102 of the Flood Dis11 aster Protection Act of 1973 (42 U.S.C. 4012a) and 

12 section 1366(e) of the National Flood Insurance Act 

13 of 1968 shall be deposited in the National Flood In14 surance Fund to supplement other amounts specified 

15 as available for section 1366 of the National Flood 

16 Insurance Act of 1968, notwithstanding subsection 

17 (f)(8) of such section 102 (42 U.S.C. 4012a(f)(8)) and 

18 subsection 1366(e) and paragraphs (2) and (3) of sec19 tion 1367(b) of the National Flood Insurance Act of 

20 1968 (42 U.S.C. 4104c(e), 4104d(b)(2)–(3)): Provided 

21 further, That total administrative costs shall not ex22 ceed 4 percent of the total appropriation. 

23 NATIONAL PREDISASTER MITIGATION FUND

24 For the predisaster mitigation grant program under 

25 section 203 of the Robert T. Stafford Disaster Relief and 


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1 Emergency Assistance Act (42 U.S.C. 5133), $25,000,000, 

2 to remain available until expended. 

3 EMERGENCY FOOD AND SHELTER

4 To carry out the emergency food and shelter program 

5 pursuant to title III of the McKinney-Vento Homeless As6 sistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to re7 main available until expended: Provided, That total admin8 istrative costs shall not exceed 3.5 percent of the total 

9 amount made available under this heading. 

10 TITLE IV 

11 RESEARCH AND DEVELOPMENT, TRAINING, AND 

12 SERVICES 

13 UNITED STATES CITIZENSHIP AND IMMIGRATION

14 SERVICES

15 For necessary expenses for citizenship and immigra16 tion services, $111,924,000 for the E-Verify Program, as de17 scribed in section 403(a) of the Illegal Immigration Reform 

18 and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

19 note), to assist United States employers with maintaining 

20 a legal workforce: Provided, That notwithstanding any 

21 other provision of law, funds otherwise made available to 

22 United States Citizenship and Immigration Services may 

23 be used to acquire, operate, equip, and dispose of up to 5 

24 vehicles, for replacement only, for areas where the Adminis25 trator of General Services does not provide vehicles for lease: 


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1 Provided further, That the Director of United States Citi2 zenship and Immigration Services may authorize employees 

3 who are assigned to those areas to use such vehicles to travel 

4 between the employees’ residences and places of employment. 

5 FEDERAL LAW ENFORCEMENT TRAINING CENTER

6 SALARIES AND EXPENSES

7 For necessary expenses of the Federal Law Enforce8 ment Training Center, including materials and support 

9 costs of Federal law enforcement basic training; the pur10 chase of not to exceed 117 vehicles for police-type use and 

11 hire of passenger motor vehicles; expenses for student ath12 letic and related activities; the conduct of and participation 

13 in firearms matches and presentation of awards; public 

14 awareness and enhancement of community support of law 

15 enforcement training; room and board for student interns; 

16 a flat monthly reimbursement to employees authorized to 

17 use personal mobile phones for official duties; and services 

18 as authorized by section 3109 of title 5, United States Code; 

19 $228,467,000; of which up to $44,758,000 shall remain 

20 available until September 30, 2014, for materials and sup21 port costs of Federal law enforcement basic training; of 

22 which $300,000 shall remain available until expended to 

23 be distributed to Federal law enforcement agencies for ex24 penses incurred participating in training accreditation; 

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1 tion and representation expenses: Provided, That the Center 

2 is authorized to obligate funds in anticipation of reimburse3 ments from agencies receiving training sponsored by the 

4 Center, except that total obligations at the end of the fiscal 

5 year shall not exceed total budgetary resources available at 

6 the end of the fiscal year: Provided further, That section 

7 1202(a) of Public Law 107–206 (42 U.S.C. 3771 note), as 

8 amended by Public Law 112–74, is further amended by 

9 striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

10 2015’’: Provided further, That the Director of the Federal 

11 Law Enforcement Training Center shall schedule basic or 

12 advanced law enforcement training, or both, at all four 

13 training facilities under the control of the Federal Law En14 forcement Training Center to ensure that such training fa15 cilities are operated at the highest capacity throughout the 

16 fiscal year: Provided further, That the Federal Law En17 forcement Training Accreditation Board, including rep18 resentatives from the Federal law enforcement community 

19 and non-Federal accreditation experts involved in law en20 forcement training, shall lead the Federal law enforcement 

21 training accreditation process to continue the implementa22 tion of measuring and assessing the quality and effective23 ness of Federal law enforcement training programs, facili24 ties, and instructors. 


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1 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

2 RELATED EXPENSES

3 For acquisition of necessary additional real property 

4 and facilities, construction, and ongoing maintenance, fa5 cility improvements, and related expenses of the Federal 

6 Law Enforcement Training Center, $28,385,000, to remain 

7 available until September 30, 2017: Provided, That the Cen8 ter is authorized to accept reimbursement to this appropria9 tion from government agencies requesting the construction 

10 of special use facilities. 

11 SCIENCE AND TECHNOLOGY

12 MANAGEMENT AND ADMINISTRATION

13 For salaries and expenses of the Office of the Under 

14 Secretary for Science and Technology and for management 

15 and administration of programs and activities, as author16 ized by title III of the Homeland Security Act of 2002 (6 

17 U.S.C. 181 et seq.), $132,000,000: Provided, That not to 

18 exceed $7,650 shall be for official reception and representa19 tion expenses. 

20 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

21 For necessary expenses for science and technology re22 search, including advanced research projects, development, 

23 test and evaluation, acquisition, and operations as author24 ized by title III of the Homeland Security Act of 2002 (6 

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1 ceed 5 vehicles, $703,471,000; of which $538,539,000 shall 

2 remain available until September 30, 2015; and of which 

3 $164,932,000 shall remain available until September 30, 

4 2017, solely for operation and construction of laboratory 

5 facilities. 

6 DOMESTIC NUCLEAR DETECTION OFFICE

7 MANAGEMENT AND ADMINISTRATION

8 For salaries and expenses of the Domestic Nuclear De9 tection Office, as authorized by title XIX of the Homeland 

10 Security Act of 2002 (6 U.S.C. 591 et seq.), for management 

11 and administration of programs and activities, 

12 $39,650,000: Provided, That not to exceed $2,250 shall be 

13 for official reception and representation expenses: Provided 

14 further, That not later than 60 days after the date of enact15 ment of this Act, the Secretary of Homeland Security shall 

16 submit to the Committees on Appropriations of the Senate 

17 and the House of Representatives a strategic plan of invest18 ments necessary to implement the Department of Homeland 

19 Security’s responsibilities under the domestic component of 

20 the global nuclear detection architecture that shall: 

21 (1) define the role and responsibilities of each 

22 Departmental component in support of the domestic 

23 detection architecture, including any existing or 

24 planned programs to pre-screen cargo or conveyances 

25 overseas; 


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1 (2) identify and describe the specific investments 

2 being made by each Departmental component in fis3 cal year 2013 and planned for fiscal year 2014 to 

4 support the domestic architecture and the security of 

5 sea, land, and air pathways into the United States; 

6 (3) describe the investments necessary to close 

7 known vulnerabilities and gaps, including associated 

8 costs and timeframes, and estimates of feasibility and 

9 cost effectiveness; and 

10 (4) explain how the Department’s research and 

11 development funding is furthering the implementation 

12 of the domestic nuclear detection architecture, includ13 ing specific investments planned for each of fiscal 

14 years 2013 and 2014. 

15 RESEARCH, DEVELOPMENT, AND OPERATIONS

16 For necessary expenses for radiological and nuclear re17 search, development, testing, evaluation, and operations, 

18 $226,830,000, to remain available until September 30, 

19 2014. 

20 SYSTEMS ACQUISITION

21 For expenses for the Domestic Nuclear Detection Office 

22 acquisition and deployment of radiological detection sys23 tems in accordance with the global nuclear detection archi24 tecture, $51,455,000, to remain available until September 

25 30, 2015. 


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1 TITLE V 

2 GENERAL PROVISIONS 

3 SEC. 501. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 502. Subject to the requirements of section 503 

7 of this Act, the unexpended balances of prior appropriations 

8 provided for activities in this Act may be transferred to 

9 appropriation accounts for such activities established pur10 suant to this Act, may be merged with funds in the applica11 ble established accounts, and thereafter may be accounted 

12 for as one fund for the same time period as originally en13 acted. 

14 SEC. 503. (a) None of the funds provided by this Act, 

15 provided by previous appropriations Acts to the agencies 

16 in or transferred to the Department of Homeland Security 

17 that remain available for obligation or expenditure in fiscal 

18 year 2013, or provided from any accounts in the Treasury 

19 of the United States derived by the collection of fees avail20 able to the agencies funded by this Act, shall be available 

21 for obligation or expenditure through a reprogramming of 

22 funds that: 

23 (1) creates a new program, project, or activity; 

24 (2) eliminates a program, project, office, or ac25 tivity; 


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1 (3) increases funds for any program, project, or 

2 activity for which funds have been denied or restricted 

3 by the Congress; 

4 (4) proposes to use funds directed for a specific 

5 activity by either of the Committees on Appropria6 tions of the Senate or the House of Representatives for 

7 a different purpose; or 

8 (5) contracts out any function or activity for 

9 which funding levels were requested for Federal full10 time equivalents in the object classification tables con11 tained in the fiscal year 2013 Budget Appendix for 

12 the Department of Homeland Security, as modified 

13 by the joint explanatory statement accompanying this 

14 Act, unless the Committees on Appropriations of the 

15 Senate and the House of Representatives are notified 

16 15 days in advance of such reprogramming of funds. 

17 (b) None of the funds provided by this Act, provided 

18 by previous appropriations Acts to the agencies in or trans19 ferred to the Department of Homeland Security that remain 

20 available for obligation or expenditure in fiscal year 2013, 

21 or provided from any accounts in the Treasury of the 

22 United States derived by the collection of fees or proceeds 

23 available to the agencies funded by this Act, shall be avail24 able for obligation or expenditure for programs, projects, 


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1 or activities through a reprogramming of funds in excess 

2 of $5,000,000 or 10 percent, whichever is less, that: 

3 (1) augments existing programs, projects, or ac4 tivities; 

5 (2) reduces by 10 percent funding for any exist6 ing program, project, or activity; 

7 (3) reduces by 10 percent the numbers of per8 sonnel approved by the Congress; or 

9 (4) results from any general savings from a re10 duction in personnel that would result in a change in 

11 existing programs, projects, or activities as approved 

12 by the Congress, unless the Committees on Appropria13 tions of the Senate and the House of Representatives 

14 are notified 15 days in advance of such reprogram15 ming of funds. 

16 (c) Not to exceed 5 percent of any appropriation made 

17 available for the current fiscal year for the Department of 

18 Homeland Security by this Act or provided by previous ap19 propriations Acts may be transferred between such appro20 priations, but no such appropriation, except as otherwise 

21 specifically provided, shall be increased by more than 10 

22 percent by such transfers: Provided, That any transfer 

23 under this section shall be treated as a reprogramming of 

24 funds under subsection (b) and shall not be available for 

25 obligation unless the Committees on Appropriations of the 


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1 Senate and the House of Representatives are notified 15 

2 days in advance of such transfer. 

3 (d) Notwithstanding subsections (a), (b), and (c) of 

4 this section, no funds shall be reprogrammed within or 

5 transferred between appropriations after June 30, except in 

6 extraordinary circumstances that imminently threaten the 

7 safety of human life or the protection of property. 

8 (e) The notification thresholds and procedures set forth 

9 in this section shall apply to any use of deobligated balances 

10 of funds provided in previous Department of Homeland Se11 curity Appropriations Acts. 

12 SEC. 504. The Department of Homeland Security 

13 Working Capital Fund, established pursuant to section 403 

14 of Public Law 103–356 (31 U.S.C. 501 note), shall continue 

15 operations as a permanent working capital fund for fiscal 

16 year 2013: Provided, That none of the funds appropriated 

17 or otherwise made available to the Department of Home18 land Security may be used to make payments to the Work19 ing Capital Fund, except for the activities and amounts al20 lowed in the President’s fiscal year 2013 budget: Provided 

21 further, That funds provided to the Working Capital Fund 

22 shall be available for obligation until expended to carry out 

23 the purposes of the Working Capital Fund: Provided fur24 ther, That all departmental components shall be charged 

25 only for direct usage of each Working Capital Fund service: 


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1 Provided further, That funds provided to the Working Cap2 ital Fund shall be used only for purposes consistent with 

3 the contributing component: Provided further, That the 

4 Working Capital Fund shall be paid in advance or reim5 bursed at rates which will return the full cost of each serv6 ice: Provided further, That the Working Capital Fund shall 

7 be subject to the requirements of section 503 of this Act. 

8 SEC. 505. Except as otherwise specifically provided by 

9 law, not to exceed 50 percent of unobligated balances re10 maining available at the end of fiscal year 2013 from ap11 propriations for salaries and expenses for fiscal year 2013 

12 in this Act shall remain available through September 30, 

13 2014, in the account and for the purposes for which the 

14 appropriations were provided: Provided, That prior to the 

15 obligation of such funds, a request shall be submitted to the 

16 Committees on Appropriations of the Senate and the House 

17 of Representatives for approval in accordance with section 

18 503 of this Act. 

19 SEC. 506. Funds made available by this Act for intel20 ligence activities are deemed to be specifically authorized 

21 by the Congress for purposes of section 504 of the National 

22 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

23 2013 until the enactment of an Act authorizing intelligence 

24 activities for fiscal year 2013. 


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1 SEC. 507. (a) Except as provided in subsections (b) 

2 and (c), none of the funds made available by this Act may 

3 be used to— 

4 (1) make or award a grant allocation, grant, 

5 contract, other transaction agreement, task or delivery 

6 order on a Department of Homeland Security mul7 tiple award contract, or to issue a letter of intent to8 taling in excess of $1,000,000; 

9 (2) award a task or delivery order requiring an 

10 obligation of funds in an amount greater than 

11 $10,000,000 from multi-year Department of Home12 land Security funds or a task or delivery order that 

13 would cause cumulative obligations of multi-year 

14 funds in a single account to exceed 50 percent of the 

15 total amount appropriated; 

16 (3) make a sole-source grant award; or 

17 (4) announce publicly the intention to make or 

18 award items under paragraph (1), (2), or (3) includ19 ing a contract covered by the Federal Acquisition 

20 Regulation. 

21 (b) The Secretary of Homeland Security may waive 

22 the prohibition under subsection (a) if the Secretary notifies 

23 the Committees on Appropriations of the Senate and the 

24 House of Representatives at least 3 full business days in 


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1 advance of making an award or issuing a letter as described 

2 in that subsection. 

3 (c) If the Secretary of Homeland Security determines 

4 that compliance with this section would pose a substantial 

5 risk to human life, health, or safety, an award may be made 

6 without notification, and the Secretary shall notify the 

7 Committees on Appropriations of the Senate and the House 

8 of Representatives not later than 5 full business days after 

9 such an award is made or letter issued. 

10 (d) A notification under this section— 

11 (1) may not involve funds that are not available 

12 for obligation; and 

13 (2) shall include the amount of the award; the 

14 fiscal year for which the funds for the award were ap15 propriated; type of contract; and the account and 

16 each program, project, and activity from which the 

17 funds are being drawn. 

18 (e) The Administrator of the Federal Emergency Man19 agement Agency shall brief the Committees on Appropria20 tions of the Senate and the House of Representatives 5 full 

21 business days in advance of announcing publicly the inten22 tion of making an award under ‘‘State and Local Pro23 grams’’. 

24 SEC. 508. Notwithstanding any other provision of law, 

25 no agency shall purchase, construct, or lease any additional 


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1 facilities, except within or contiguous to existing locations, 

2 to be used for the purpose of conducting Federal law enforce3 ment training without the advance approval of the Commit4 tees on Appropriations of the Senate and the House of Rep5 resentatives, except that the Federal Law Enforcement 

6 Training Center is authorized to obtain the temporary use 

7 of additional facilities by lease, contract, or other agreement 

8 for training that cannot be accommodated in existing Cen9 ter facilities. 

10 SEC. 509. None of the funds appropriated or otherwise 

11 made available by this Act may be used for expenses for 

12 any construction, repair, alteration, or acquisition project 

13 for which a prospectus otherwise required under chapter 33 

14 of title 40, United States Code, has not been approved, ex15 cept that necessary funds may be expended for each project 

16 for required expenses for the development of a proposed pro17 spectus. 

18 SEC. 510. (a) Sections 520, 522, and 530 of the De19 partment of Homeland Security Appropriations Act, 2008 

20 (division E of Public Law 110–161; 121 Stat. 2073 and 

21 2074) shall apply with respect to funds made available in 

22 this Act in the same manner as such sections applied to 

23 funds made available in that Act. 

24 (b) The third proviso of section 537 of the Department 

25 of Homeland Security Appropriations Act, 2006 (6 U.S.C. 


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1 114), shall not apply with respect to funds made available 

2 in this Act. 

3 SEC. 511. None of the funds made available in this 

4 Act may be used in contravention of the applicable provi5 sions of the Buy American Act. For purposes of the pre6 ceding sentence, the term ‘‘Buy American Act’’ means chap7 ter 83 of title 41, United States Code. 

8 SEC. 512. None of the funds made available in this 

9 Act may be used by any person other than the Privacy Offi10 cer appointed under subsection (a) of section 222 of the 

11 Homeland Security Act of 2002 (6 U.S.C. 142(a)) to alter, 

12 direct that changes be made to, delay, or prohibit the trans13 mission to Congress of any report prepared under para14 graph (6) of such subsection. 

15 SEC. 513. None of the funds made available in this 

16 Act may be used to amend the oath of allegiance required 

17 by section 337 of the Immigration and Nationality Act (8 

18 U.S.C. 1448). 

19 SEC. 514. Within 45 days after the end of each month, 

20 the Chief Financial Officer of the Department of Homeland 

21 Security shall submit to the Committees on Appropriations 

22 of the Senate and the House of Representatives a monthly 

23 budget and staffing report for that month that includes total 

24 obligations, on-board versus funded full-time equivalent 


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1 staffing levels, and the number of contract employees for 

2 each office of the Department. 

3 SEC. 515. Except as provided in section 44945 of title 

4 49, United States Code, funds appropriated or transferred 

5 to Transportation Security Administration ‘‘Aviation Se6 curity’’, ‘‘Administration’’, and ‘‘Transportation Security 

7 Support’’ for fiscal years 2004 and 2005 that are recovered 

8 or deobligated shall be available only for the procurement 

9 or installation of explosives detection systems, air cargo, 

10 baggage, and checkpoint screening systems, subject to notifi11 cation: Provided, That quarterly reports shall be submitted 

12 to the Committees on Appropriations of the Senate and the 

13 House of Representatives on any funds that are recovered 

14 or deobligated. 

15 SEC. 516. None of the funds appropriated by this Act 

16 may be used to process or approve a competition under Of17 fice of Management and Budget Circular A–76 for services 

18 provided as of June 1, 2004, by employees (including em19 ployees serving on a temporary or term basis) of United 

20 States Citizenship and Immigration Services of the Depart21 ment of Homeland Security who are known as of that date 

22 as Immigration Information Officers, Contact Representa23 tives, or Investigative Assistants. 

24 SEC. 517. Any funds appropriated to Coast Guard 

25 ‘‘Acquisition, Construction, and Improvements’’ for fiscal 


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1 years 2002, 2003, 2004, 2005, and 2006 for the 110–123 

2 foot patrol boat conversion that are recovered, collected, or 

3 otherwise received as the result of negotiation, mediation, 

4 or litigation, shall be available until expended for the Fast 

5 Response Cutter program. 

6 SEC. 518. Section 532(a) of Public Law 109–295 (120 

7 Stat. 1384) is amended by striking ‘‘2012’’ and inserting 

8 ‘‘2013’’. 

9 SEC. 519. The functions of the Federal Law Enforce10 ment Training Center instructor staff shall be classified as 

11 inherently governmental for the purpose of the Federal Ac12 tivities Inventory Reform Act of 1998 (31 U.S.C. 501 note). 

13 SEC. 520. (a) Except as provided in subsection (b), 

14 none of the funds appropriated in this or any other Act 

15 to the ‘‘Office of the Secretary and Executive Management’’, 

16 the ‘‘Office of the Under Secretary for Management’’, or the 

17 ‘‘Office of the Chief Financial Officer’’, may be obligated 

18 for a grant or contract funded under such headings by any 

19 means other than full and open competition. 

20 (b) Subsection (a) does not apply to obligation of funds 

21 for a contract awarded— 

22 (1) by a means that is required by a Federal 

23 statute, including obligation for a purchase made 

24 under a mandated preferential program, including 


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1 the AbilityOne Program, that is authorized under 

2 chapter 85 of title 41, United States Code; 

3 (2) pursuant to the Small Business Act (15 

4 U.S.C. 631 et seq.); 

5 (3) in an amount less than the simplified acqui6 sition threshold described under section 3101 (b) of 

7 title 41, United States Code; or 

8 (4) by another Federal agency using funds pro9 vided through an interagency agreement. 

10 (c)(1) Subject to paragraph (2), the Secretary of 

11 Homeland Security may waive the application of this sec12 tion for the award of a contract in the interest of national 

13 security or if failure to do so would pose a substantial risk 

14 to human health or welfare. 

15 (2) Not later than 5 days after the date on which the 

16 Secretary of Homeland Security issues a waiver under this 

17 subsection, the Secretary shall submit notification of that 

18 waiver to the Committees on Appropriations of the Senate 

19 and the House of Representatives, including a description 

20 of the applicable contract to which the waiver applies and 

21 an explanation of why the waiver authority was used: Pro22 vided, That the Secretary may not delegate the authority 

23 to grant such a waiver. 

24 (d) In addition to the requirements established by sub25 sections (a), (b), and (c) of this section, the Inspector GenVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00676 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 eral of the Department of Homeland Security shall review 

2 departmental contracts awarded through means other than 

3 a full and open competition to assess departmental compli4 ance with applicable laws and regulations: Provided, That 

5 the Inspector General shall review selected contracts award6 ed in the previous 3 fiscal years through means other than 

7 a full and open competition: Provided further, That in se8 lecting which contracts to review, the Inspector General 

9 shall consider the cost and complexity of the goods and serv10 ices to be provided under the contract, the criticality of the 

11 contract to fulfilling Department missions, past perform12 ance problems on similar contracts or by the selected ven13 dor, complaints received about the award process or con14 tractor performance, and such other factors as the Inspector 

15 General deems relevant: Provided further, That the Inspec16 tor General shall report the results of the reviews to the 

17 Committees on Appropriations of the Senate and the House 

18 of Representatives no later than February 4, 2015, and 

19 every 3 years thereafter. 

20 SEC. 521. None of the funds provided by this or pre21 vious appropriations Acts shall be used to fund any posi22 tion designated as a Principal Federal Official (or the suc23 cessor thereto) for any Robert T. Stafford Disaster Relief 

24 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) de25 clared disasters or emergencies unless— 


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1 (1) the responsibilities of the Principal Federal 

2 Official do not include operational functions related 

3 to incident management, including coordination of 

4 operations, and are consistent with the requirements 

5 of section 509(c) and sections 503(c)(3) and 

6 503(c)(4)(A) of the Homeland Security Act of 2002 (6 

7 U.S.C. 319(c) and 313(c)(3) and 313(c)(4)(A)) and 

8 section 302 of the Robert T. Stafford Disaster Relief 

9 and Assistance Act (42 U.S.C. 5143); 

10 (2) not later than 10 business days after the lat11 ter of the date on which the Secretary of Homeland 

12 Security appoints the Principal Federal Official and 

13 the date on which the President issues a declaration 

14 under section 401 or section 501 of the Robert T. 

15 Stafford Disaster Relief and Emergency Assistance 

16 Act (42 U.S.C. 5170 and 5191, respectively), the Sec17 retary of Homeland Security shall submit a notifica18 tion of the appointment of the Principal Federal Offi19 cial and a description of the responsibilities of such 

20 Official and how such responsibilities are consistent 

21 with paragraph (1) to the Committees on Appropria22 tions of the Senate and the House of Representatives, 

23 the Transportation and Infrastructure Committee of 

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1 curity and Governmental Affairs Committee of the 

2 Senate; and 

3 (3) not later than 60 days after the date of en4 actment of this Act, the Secretary shall provide a re5 port specifying timeframes and milestones regarding 

6 the update of operations, planning and policy docu7 ments, and training and exercise protocols, to ensure 

8 consistency with paragraph (1) of this section. 

9 SEC. 522. None of the funds provided or otherwise 

10 made available in this Act shall be available to carry out 

11 section 872 of the Homeland Security Act of 2002 (6 U.S.C. 

12 452). 

13 SEC. 523. Funds made available in this Act may be 

14 used to alter operations within the Civil Engineering Pro15 gram of the Coast Guard nationwide, including civil engi16 neering units, facilities design and construction centers, 

17 maintenance and logistics commands, and the Coast Guard 

18 Academy, except that none of the funds provided in this 

19 Act may be used to reduce operations within any Civil En20 gineering Unit unless specifically authorized by a statute 

21 enacted after the date of enactment of this Act. 

22 SEC. 524. None of the funds made available in this 

23 Act may be used by United States Citizenship and Immi24 gration Services to grant an immigration benefit unless the 

25 results of background checks required by law to be completed 


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1 prior to the granting of the benefit have been received by 

2 United States Citizenship and Immigration Services, and 

3 the results do not preclude the granting of the benefit. 

4 SEC. 525. Section 831 of the Homeland Security Act 

5 of 2002 (6 U.S.C. 391) is amended— 

6 (1) in subsection (a), by striking ‘‘Until Sep7 tember 30, 2012,’’ and inserting ‘‘Until September 30, 

8 2013,’’; 

9 (2) in subsection (c)(1), by striking ‘‘September 

10 30, 2012,’’ and inserting ‘‘September 30, 2013,’’. 

11 SEC. 526. The Secretary of Homeland Security shall 

12 require that all contracts of the Department of Homeland 

13 Security that provide award fees link such fees to successful 

14 acquisition outcomes (which outcomes shall be specified in 

15 terms of cost, schedule, and performance). 

16 SEC. 527. Notwithstanding any other provision of law, 

17 none of the funds provided in this or any other Act shall 

18 be used to approve a waiver of the navigation and vessel19 inspection laws pursuant to 46 U.S.C. 501(b) for the trans20 portation of crude oil distributed from the Strategic Petro21 leum Reserve until the Secretary of Homeland Security, 

22 after consultation with the Secretaries of the Departments 

23 of Energy and Transportation and representatives from the 

24 United States flag maritime industry, takes adequate meas25 ures to ensure the use of United States flag vessels: ProVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00680 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 vided, That the Secretary shall notify the Committees on 

2 Appropriations of the Senate and the House of Representa3 tives, the Committee on Commerce, Science, and Transpor4 tation of the Senate, and the Committee on Transportation 

5 and Infrastructure of the House of Representatives within 

6 2 business days of any request for waivers of navigation 

7 and vessel-inspection laws pursuant to 46 U.S.C. 501(b). 

8 SEC. 528. None of the funds made available to the Of9 fice of the Secretary and Executive Management under this 

10 Act may be expended for any new hires by the Department 

11 of Homeland Security that are not verified through the E12 Verify Program as described in section 403(a) of the Illegal 

13 Immigration Reform and Immigrant Responsibility Act of 

14 1996 (8 U.S.C. 1324a note). 

15 SEC. 529. None of the funds in this Act shall be used 

16 to reduce the United States Coast Guard’s Operations Sys17 tems Center mission or its government-employed or contract 

18 staff levels. 

19 SEC. 530. None of the funds made available in this 

20 Act for U.S. Customs and Border Protection may be used 

21 to prevent an individual not in the business of importing 

22 a prescription drug (within the meaning of section 801(g) 

23 of the Federal Food, Drug, and Cosmetic Act) from import24 ing a prescription drug from Canada that complies with 

25 the Federal Food, Drug, and Cosmetic Act: Provided, That 


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1 this section shall apply only to individuals transporting on 

2 their person a personal-use quantity of the prescription 

3 drug, not to exceed a 90-day supply: Provided further, That 

4 the prescription drug may not be— 

5 (1) a controlled substance, as defined in section 

6 102 of the Controlled Substances Act (21 U.S.C. 802); 

7 or 

8 (2) a biological product, as defined in section 

9 351 of the Public Health Service Act (42 U.S.C. 262). 

10 SEC. 531. None of the funds appropriated by this Act 

11 may be used to conduct, or to implement the results of, a 

12 competition under Office of Management and Budget Cir13 cular A–76 for activities performed with respect to the Coast 

14 Guard National Vessel Documentation Center. 

15 SEC. 532. The Secretary of Homeland Security, in 

16 consultation with the Secretary of the Treasury, shall notify 

17 the Committees on Appropriations of the Senate and the 

18 House of Representatives of any proposed transfers of funds 

19 available under section 9703.1(g)(4)(B) of title 31, United 

20 States Code (as added by Public Law 102–393) from the 

21 Department of the Treasury Forfeiture Fund to any agency 

22 within the Department of Homeland Security: Provided, 

23 That none of the funds identified for such a transfer may 

24 be obligated until the Committees on Appropriations of the 


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1 Senate and the House of Representatives approve the pro2 posed transfers. 

3 SEC. 533. None of the funds made available in this 

4 Act may be used for planning, testing, piloting, or devel5 oping a national identification card. 

6 SEC. 534. If the Administrator of the Transportation 

7 Security Administration determines that an airport does 

8 not need to participate in the E-Verify Program as de9 scribed in section 403(a) of the Illegal Immigration Reform 

10 and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

11 note), the Administrator shall certify to the Committees on 

12 Appropriations of the Senate and the House of Representa13 tives that no security risks will result from such non-par14 ticipation. 

15 SEC. 535. (a) Notwithstanding any other provision of 

16 this Act, except as provided in subsection (b), and 30 days 

17 after the date on which the President determines whether 

18 to declare a major disaster because of an event and any 

19 appeal is completed, the Administrator shall publish on the 

20 Web site of the Federal Emergency Management Agency a 

21 report regarding that decision that shall summarize damage 

22 assessment information used to determine whether to de23 clare a major disaster. 


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1 (b) The Administrator may redact from a report under 

2 subsection (a) any data that the Administrator determines 

3 would compromise national security. 

4 (c) In this section— 

5 (1) the term ‘‘Administrator’’ means the Admin6 istrator of the Federal Emergency Management Agen7 cy; and 

8 (2) the term ‘‘major disaster’’ has the meaning 

9 given that term in section 102 of the Robert T. Staf10 ford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5122). 

12 SEC. 536. Any official that is required by this Act to 

13 report or to certify to the Committees on Appropriations 

14 of the Senate and the House of Representatives may not 

15 delegate such authority to perform that act unless specifi16 cally authorized herein. 

17 SEC. 537. Section 550(b) of the Department of Home18 land Security Appropriations Act, 2007 (Public Law 109– 

19 295; 6 U.S.C. 121 note), as amended by section 550 of the 

20 Department of Homeland Security Appropriations Act, 

21 2010 (Public Law 111–83), is further amended by striking 

22 ‘‘on October 4, 2012’’ and inserting ‘‘on October 4, 2013’’. 

23 SEC. 538. None of the funds appropriated or otherwise 

24 made available in this or any other Act may be used to 

25 transfer, release, or assist in the transfer or release to or 


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1 within the United States, its territories, or possessions 

2 Khalid Sheikh Mohammed or any other detainee who— 

3 (1) is not a United States citizen or a member 

4 of the Armed Forces of the United States; and 

5 (2) is or was held on or after June 24, 2009, at 

6 the United States Naval Station, Guantanamo Bay, 

7 Cuba, by the Department of Defense. 

8 SEC. 539. None of the funds made available in this 

9 Act may be used for first-class travel by the employees of 

10 agencies funded by this Act in contravention of sections 

11 301–10.122 through 301.10–124 of title 41, Code of Federal 

12 Regulations. 

13 SEC. 540. None of the funds made available in this 

14 or any other Act for fiscal year 2013 and thereafter may 

15 be used to propose or effect a disciplinary or adverse action, 

16 with respect to any Department of Homeland Security em17 ployee who engages regularly with the public in the per18 formance of his or her official duties solely because that em19 ployee elects to utilize protective equipment or measures, in20 cluding but not limited to surgical masks, N95 respirators, 

21 gloves, or hand-sanitizers, where use of such equipment or 

22 measures is in accord with Department of Homeland Secu23 rity policy, and Centers for Disease Control and Prevention 

24 and Office of Personnel Management guidance. 


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1 SEC. 541. None of the funds made available in this 

2 Act may be used to employ workers described in section 

3 274A(h)(3) of the Immigration and Nationality Act (8 

4 U.S.C. 1324a(h)(3)). 

5 SEC. 542. (a) Any company that collects or retains 

6 personal information directly from any individual who 

7 participates in the Registered Traveler or successor pro8 gram of the Transportation Security Administration shall 

9 safeguard and dispose of such information in accordance 

10 with the requirements in— 

11 (1) the National Institute for Standards and 

12 Technology Special Publication 800–30, entitled 

13 ‘‘Risk Management Guide for Information Technology 

14 Systems’’; 

15 (2) the National Institute for Standards and 

16 Technology Special Publication 800–53, Revision 3, 

17 entitled ‘‘Recommended Security Controls for Federal 

18 Information Systems and Organizations’’; and 

19 (3) any supplemental standards established by 

20 the Administrator of the Transportation Security Ad21 ministration (referred to in this section as the ‘‘Ad22 ministrator’’). 

23 (b) The airport authority or air carrier operator that 

24 sponsors the company under the Registered Traveler pro25 gram shall be known as the ‘‘Sponsoring Entity’’. 


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1 (c) The Administrator shall require any company cov2 ered by subsection (a) to provide, not later than 30 days 

3 after the date of enactment of this Act, to the Sponsoring 

4 Entity written certification that the procedures used by the 

5 company to safeguard and dispose of information are in 

6 compliance with the requirements under subsection (a). 

7 Such certification shall include a description of the proce8 dures used by the company to comply with such require9 ments. 

10 SEC. 543. Notwithstanding any other provision of this 

11 Act, none of the funds appropriated or otherwise made 

12 available by this Act may be used to pay award or incentive 

13 fees for contractor performance that has been judged to be 

14 below satisfactory performance or performance that does not 

15 meet the basic requirements of a contract. 

16 SEC. 544. (a) Not later than 180 days after the date 

17 of enactment of this Act, the Administrator of the Transpor18 tation Security Administration shall submit to the Com19 mittees on Appropriations of the Senate and the House of 

20 Representatives, a report that either— 

21 (1) certifies that the requirement for screening 

22 all air cargo on passenger aircraft by the deadline 

23 under section 44901(g) of title 49, United States 

24 Code, has been met; or 


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1 (2) includes a strategy to comply with the re2 quirements under title 44901(g) of title 49, United 

3 States Code, including— 

4 (A) a plan to meet the requirement under 

5 section 44901(g) of title 49, United States Code, 

6 to screen 100 percent of air cargo transported on 

7 passenger aircraft arriving in the United States 

8 in foreign air transportation (as that term is de9 fined in section 40102 of that title); and 

10 (B) specification of— 

11 (i) the percentage of such air cargo 

12 that is being screened; and 

13 (ii) the schedule for achieving screening 

14 of 100 percent of such air cargo. 

15 (b) The Administrator shall continue to submit reports 

16 described in subsection (a)(2) every 180 days thereafter 

17 until the Administrator certifies that the Transportation 

18 Security Administration has achieved screening of 100 per19 cent of such air cargo. 

20 SEC. 545. In developing any process to screen aviation 

21 passengers and crews for transportation or national secu22 rity purposes, the Secretary of Homeland Security shall en23 sure that all such processes take into consideration such 

24 passengers’ and crews’ privacy and civil liberties consistent 

25 with applicable laws, regulations, and guidance. 


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1 SEC. 546. (a) Notwithstanding section 1356(n) of title 

2 8, United States Code, of the funds deposited into the Immi3 gration Examinations Fee Account, $7,500,000 shall be al4 located by United States Citizenship and Immigration 

5 Services in fiscal year 2013 for the purpose of providing 

6 an immigrant integration grants program. 

7 (b) For an additional amount for ‘‘United States Citi8 zenship and Immigration Services’’ for the purpose of pro9 viding immigrant integration grants, $2,500,000. 

10 (c) None of the funds made available to United States 

11 Citizenship and Immigration Services for grants for immi12 grant integration may be used to provide services to aliens 

13 who have not been lawfully admitted for permanent resi14 dence. 

15 SEC. 547. For an additional amount for necessary ex16 penses for reimbursement of the actual costs to State and 

17 local governments for providing emergency management, 

18 public safety, and security at events, as determined by the 

19 Administrator of the Federal Emergency Management 

20 Agency, related to the presence of a National Special Secu21 rity Event, $5,000,000, to remain available until September 

22 30, 2014. 

23 SEC. 548. Notwithstanding the 10 percent limitation 

24 contained in section 503(c) of this Act, the Secretary of 

25 Homeland Security may transfer to the fund established by 


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1 8 U.S.C. 1101 note, up to $20,000,000 from appropriations 

2 available to the Department of Homeland Security: Pro3 vided, That the Secretary shall notify the Committees on 

4 Appropriations of the Senate and the House of Representa5 tives 5 days in advance of such transfer. 

6 SEC. 549. None of the funds appropriated or otherwise 

7 made available by this Act may be used by the Department 

8 of Homeland Security to enter into any Federal contract 

9 unless such contract is entered into in accordance with the 

10 requirements of subtitle I of title 41, United States Code 

11 or chapter 137 of title 10, United States Code, and the Fed12 eral Acquisition Regulation, unless such contract is other13 wise authorized by statute to be entered into without regard 

14 to the above referenced statutes. 

15 SEC. 550. (a) For an additional amount for data cen16 ter migration, $55,000,000. 

17 (b) Funds made available in subsection (a) for data 

18 center migration may be transferred by the Secretary of 

19 Homeland Security between appropriations for the same 

20 purpose, notwithstanding section 503 of this Act. 

21 (c) No transfer described in subsection (b) shall occur 

22 until 15 days after the Committees on Appropriations of 

23 the Senate and the House of Representatives are notified 

24 of such transfer. 


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1 SEC. 551. Notwithstanding any other provision of law, 

2 if the Secretary of Homeland Security determines that spe3 cific U.S. Immigration and Customs Enforcement Service 

4 Processing Centers or other U.S. Immigration and Customs 

5 Enforcement owned detention facilities no longer meet the 

6 mission need, the Secretary is authorized to dispose of indi7 vidual Service Processing Centers or other U.S. Immigra8 tion and Customs Enforcement owned detention facilities 

9 by directing the Administrator of General Services to sell 

10 all real and related personal property which support Serv11 ice Processing Centers or other U.S. Immigration and Cus12 toms Enforcement owned detention facilities, subject to such 

13 terms and conditions as necessary to protect Government 

14 interests and meet program requirements: Provided, That 

15 the proceeds, net of the costs of sale incurred by the General 

16 Services Administration and U.S. Immigration and Cus17 toms Enforcement, shall be deposited as offsetting collections 

18 into a separate account that shall be available, subject to 

19 appropriation, until expended for other real property cap20 ital asset needs of existing U.S. Immigration and Customs 

21 Enforcement assets, excluding daily operations and mainte22 nance costs, as the Secretary deems appropriate: Provided 

23 further, That any sale or collocation of federally owned de24 tention facilities shall not result in the maintenance of 

25 fewer than 34,000 detention beds: Provided further, That 


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1 the Committees on Appropriations of the Senate and the 

2 House of Representatives shall be notified 15 days prior to 

3 the announcement of any proposed sale or collocation. 

4 SEC. 552. For an additional amount for the ‘‘Office 

5 of the Under Secretary for Management’’, $29,000,000, to 

6 remain available until expended, for necessary expenses to 

7 plan, acquire, design, construct, renovate, remediate, equip, 

8 furnish, improve infrastructure, and occupy buildings and 

9 facilities for the department headquarters consolidation 

10 project and associated mission support consolidation: Pro11 vided, That the Committees on Appropriations of the Senate 

12 and the House of Representatives shall receive an expendi13 ture plan not later than 90 days after the date of enactment 

14 of this Act detailing the allocation of these funds. 

15 SEC. 553. In making grants under the heading ‘‘Fire16 fighter Assistance Grants’’, the Secretary may grant waiv17 ers from the requirements in subsections (a)(1)(A), 

18 (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 

19 of the Federal Fire Prevention and Control Act of 1974 (15 

20 U.S.C. 2229a). 

21 SEC. 554. None of the funds made available under this 

22 Act or any prior appropriations Act may be provided to 

23 the Association of Community Organizations for Reform 

24 Now (ACORN), or any of its affiliates, subsidiaries, or al25 lied organizations. 


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1 SEC. 555. The Commissioner of U.S. Customs and 

2 Border Protection and the Assistant Secretary of Homeland 

3 Security for U.S. Immigration and Customs Enforcement 

4 shall, with respect to fiscal years 2013, 2014, 2015, and 

5 2016, submit to the Committees on Appropriations of the 

6 Senate and the House of Representatives, at the time that 

7 the President’s budget proposal for fiscal year 2014 is sub8 mitted pursuant to the requirements of section 1105(a) of 

9 title 31, United States Code, the information required in 

10 the multi-year investment and management plans required, 

11 respectively, under the headings U.S. Customs and Border 

12 Protection, ‘‘Salaries and Expenses’’ under title II of divi13 sion D of the Consolidated Appropriations Act, 2012 (Pub14 lic Law 112–74), and U.S. Customs and Border Protection, 

15 ‘‘Border Security Fencing, Infrastructure, and Technology’’ 

16 under such title, and section 568 of such Act. 

17 SEC. 556. The Secretary of Homeland Security shall 

18 ensure enforcement of immigration laws (as defined in sec19 tion 101(a)(17) of the Immigration and Nationality Act (8 

20 U.S.C. 1101(a)(17))). 

21 SEC. 557. (a) Notwithstanding Office of Management 

22 and Budget Circular A–11, funds made available in fiscal 

23 year 2013, or any fiscal year thereafter, under Department 

24 of Homeland Security, Coast Guard, ‘‘Acquisition, Con25 struction, and Improvements’’ for— 


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1 (1) long lead time materials, components, and 

2 designs of a vessel of the Coast Guard shall be imme3 diately available and allotted to make a contract 

4 award notwithstanding the availability of funds for 

5 production, outfitting, post-delivery activities, and 

6 spare or repair parts; and 

7 (2) production of a vessel of the Coast Guard 

8 shall be immediately available and allotted to make 

9 a contract award notwithstanding the availability of 

10 funds for outfitting, post-delivery activities, and spare 

11 or repair parts. 

12 (b) The Secretary of Homeland Security shall develop 

13 fiscal policy that prescribes Coast Guard budgetary policies, 

14 procedures and technical direction necessary to comply with 

15 subsection (a) of this section and consistent with the De16 partment of Defense Financial Management Regulation 

17 (Volume 2A, Chapter 1 C. Procedures for Full Funding) 

18 to include the costs associated with outfitting and post-de19 livery activities; spare and repair parts; and long lead time 

20 materials. The requirement set forth in this section shall 

21 not preclude the immediate availability or allotment of 

22 funds for fiscal year 2013, pursuant to subsection (a). 

23 (c) In this section— 

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1 cured in advance of the production award in order to 

2 maintain the production schedule; 

3 (2) the term ‘‘outfitting’’ means procurement or 

4 installation of onboard repair parts, other secondary 

5 items, equipage, and recreation items; 

6 precommissioning crew support; general use 

7 consumables furnished to the shipbuilder; the fitting 

8 out activity to fill a vessel’s initial allowances; and 

9 contractor-furnished spares; and 

10 (3) the term ‘‘post-delivery activities’’ means de11 sign, planning, Government-furnished material, and 

12 related labor for non-production and non-long lead 

13 time items contract activities and other work, includ14 ing certifications, full operational capability activi15 ties and other equipment installation; spares, logis16 tics, technical analysis, and support; correction of 

17 Government-responsible defects and deficiencies iden18 tified during builders trials, acceptance trials, and 

19 testing during the post-delivery period; costs of all 

20 work required to correct defects or deficiencies identi21 fied during the post-delivery period; and costs of all 

22 work required to correct trial card deficiencies on a 

23 vessel of a particular class, as well as on subsequent 

24 vessels of that class (whether or not delivered) until 

25 the corrective action for that cutter class is completed. 


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1 SEC. 558. (a) Of the amounts made available by this 

2 Act for National Protection and Programs Directorate, ‘‘In3 frastructure Protection and Information Security’’, 

4 $202,000,000 for the ‘‘Federal Network Security’’ program, 

5 project, and activity shall be used to deploy on Federal sys6 tems technology to improve the information security of 

7 agency information systems covered by section 3543(a) of 

8 title 44, United States Code: Provided, That funds made 

9 available under this section shall be used to assist and sup10 port Government-wide and agency-specific efforts to provide 

11 adequate, risk-based, and cost-effective cybersecurity to ad12 dress escalating and rapidly evolving threats to information 

13 security, including the acquisition and operation of a con14 tinuous monitoring and diagnostics program, in collabora15 tion with departments and agencies, that includes equip16 ment, software, and Department of Homeland Security sup17 plied services: Provided further, That not later than April 

18 1, 2013, and quarterly thereafter, the Under Secretary of 

19 Homeland Security of the National Protection and Pro20 grams Directorate shall submit to the Committees on Ap21 propriations of the Senate and House of Representatives a 

22 report on the obligation and expenditure of funds made 

23 available under this section: Provided further, That contin24 uous monitoring and diagnostics software procured by the 

25 funds made available by this section shall not transmit to 


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1 the Department of Homeland Security any personally iden2 tifiable information or content of network communications 

3 of other agencies’ users: Provided further, That such soft4 ware shall be installed, maintained, and operated in ac5 cordance with all applicable privacy laws and agency-spe6 cific policies regarding network content. 

7 (b) Funds made available under this section may not 

8 be used to supplant funds provided for any such system 

9 within an agency budget. 

10 (c) Not later than July 1, 2013, the heads of all Federal 

11 agencies shall submit to the Committees on Appropriations 

12 of the Senate and House of Representatives expenditure 

13 plans for necessary cybersecurity improvements to address 

14 known vulnerabilities to information systems described in 

15 subsection (a). 

16 (d) Not later than October 1, 2013, and quarterly 

17 thereafter, the head of each Federal agency shall submit to 

18 the Director of the Office of Management and Budget a re19 port on the execution of the expenditure plan for that agen20 cy required by subsection (c): Provided, That the Director 

21 of the Office of Management and Budget shall summarize 

22 such execution reports and annually submit such sum23 maries to Congress in conjunction with the annual progress 

24 report on implementation of the E-Government Act of 2002 


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1 (Public Law 107–347), as required by section 3606 of title 

2 44, United States Code. 

3 (e) This section shall not apply to the legislative and 

4 judicial branches of the Federal Government and shall 

5 apply to all Federal agencies within the executive branch 

6 except for the Department of Defense, the Central Intel7 ligence Agency, and the Office of the Director of National 

8 Intelligence. 

9 SEC. 559. (a) None of the funds made available in this 

10 Act may be used to maintain or establish a computer net11 work unless such network blocks the viewing, downloading, 

12 and exchanging of pornography. 

13 (b) Nothing in subsection (a) shall limit the use of 

14 funds necessary for any Federal, State, tribal, or local law 

15 enforcement agency or any other entity carrying out crimi16 nal investigations, prosecution, or adjudication activities. 

17 SEC. 560. (a) Notwithstanding sections 58c(e) and 

18 1451 of title 19, United States Code, upon the request of 

19 any persons, the Commissioner of U.S. Customs and Border 

20 Protection may enter into reimbursable fee agreements for 

21 a period of up to 5 years with such persons for the provision 

22 of U.S. Customs and Border Protection services and any 

23 other costs incurred by U.S. Customs and Border Protection 

24 relating to such services. Such requests may include addi25 tional U.S. Customs and Border Protection services at exVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00698 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 isting U.S. Customs and Border Protection-serviced facili2 ties (including but not limited to payment for overtime), 

3 the provision of U.S. Customs and Border Protection serv4 ices at new facilities, and expanded U.S. Customs and Bor5 der Protection services at land border facilities. 

6 (1) By December 31, 2013, the Commissioner 

7 may enter into not more than 5 agreements under 

8 this section. 

9 (2) The Commissioner shall not enter into such 

10 an agreement if it would unduly and permanently 

11 impact services funded in this or any other appro12 priations Acts, or provided from any accounts in the 

13 Treasury of the United States derived by the collec14 tion of fees. 

15 (b) Funds collected pursuant to any agreement entered 

16 into under this section shall be deposited in a newly estab17 lished account as offsetting collections and remain available 

18 until expended, without fiscal year limitation, and shall di19 rectly reimburse each appropriation for the amount paid 

20 out of that appropriation for any expenses incurred by U.S. 

21 Customs and Border Protection in providing U.S. Customs 

22 and Border Protection services and any other costs incurred 

23 by U.S. Customs and Border Protection relating to such 

24 services. 


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1 (c) The amount of the fee to be charged pursuant to 

2 an agreement authorized under subsection (a) of this section 

3 shall be paid by each person requesting U.S. Customs and 

4 Border Protection services and shall include, but shall not 

5 be limited to, the salaries and expenses of individuals em6 ployed by U.S. Customs and Border Protection to provide 

7 such U.S. Customs and Border Protection services and other 

8 costs incurred by U.S. Customs and Border Protection re9 lating to those services, such as temporary placement or per10 manent relocation of those individuals. 

11 (d) U.S. Customs and Border Protection shall termi12 nate the provision of services pursuant to an agreement en13 tered into under subsection (a) with a person that, after 

14 receiving notice from the Commissioner that a fee imposed 

15 under subsection (a) is due, fails to pay the fee in a timely 

16 manner. In the event of such termination, all costs incurred 

17 by U.S. Customs and Border Protection, which have not 

18 been reimbursed, will become immediately due and payable. 

19 Interest on unpaid fees will accrue based on current U.S. 

20 Treasury borrowing rates. Additionally, any person who, 

21 after notice and demand for payment of any fee charged 

22 under subsection (a) of this section, fails to pay such fee 

23 in a timely manner shall be liable for a penalty or liq24 uidated damage equal to two times the amount of the fee. 

25 Any amount collected pursuant to any agreement entered 


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1 into under this subsection shall be deposited into the ac2 count specified under subsection (b) of this section and shall 

3 be available as described therein. 

4 (e) Each facility at which such U.S. Customs and Bor5 der Protection services are performed shall provide, main6 tain, and equip, without cost to the Government, facilities 

7 in accordance with U.S. Customs and Border Protection 

8 specifications. 

9 (f) The authority found in this section may not be used 

10 to enter into agreements to expand or begin to provide U.S. 

11 Customs and Border Protection services outside of the 

12 United States. 

13 (g) The authority found in this section may not be 

14 used at existing U.S. Customs and Border Protection-serv15 iced air facilities to enter into agreements for costs other 

16 than payment of overtime. 

17 (h) The Commissioner shall notify the appropriate 

18 Committees of Congress 15 days prior to entering into any 

19 agreement under the authority of this section and shall pro20 vide a copy of the agreement to the appropriate Committees 

21 of Congress. 

22 (i) For purposes of this section the terms: 

23 (1) U.S. Customs and Border Protection ‘‘serv24 ices’’ means any activities of any employee or con25 tractor of U.S. Customs and Border Protection perVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00701 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 taining to customs and immigration inspection-re2 lated matters. 

3 (2) ‘‘Person’’ means any natural person or any 

4 corporation, partnership, trust, association, or any 

5 other public or private entity, or any officer, em6 ployee, or agent thereof. 

7 (3) ‘‘Appropriate Committees of Congress’’ 

8 means the Committees on Appropriations; Finance; 

9 Judiciary; and Homeland Security and Govern10 mental Affairs of the Senate and the Committees on 

11 Appropriations; Judiciary; Ways and Means; and 

12 Homeland Security of the House of Representatives. 

13 SEC. 561. None of the funds made available under this 

14 Act may be used by a Federal law enforcement officer to 

15 facilitate the transfer of an operable firearm to an indi16 vidual if the Federal law enforcement officer knows or sus17 pects that the individual is an agent of a drug cartel unless 

18 law enforcement personnel of the United States continu19 ously monitor or control the firearm at all times. 

20 SEC. 562. Twenty percent of each of the appropriations 

21 provided in this Act for the ‘‘Office of the Secretary and 

22 Executive Management’’, the ‘‘Office of the Under Secretary 

23 for Management’’, and the ‘‘Office of the Chief Financial 

24 Officer’’ shall be withheld from obligation until the reports 

25 and plans required in this Act to be submitted on or before 


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1 May 1, 2013, are received by the Committees on Appropria2 tions of the Senate and the House of Representatives. 

3 SEC. 563. Notwithstanding any other provision of this 

4 Act or any other provision of law, during the period begin5 ning on October 1, 2013, and ending on September 30, 

6 2014, section 204(a)(1)(I) of the Immigration and Nation7 ality Act (8 U.S.C. 1154(a)(1)(I)) is amended by adding 

8 at the end the following: 

9 ‘‘(iv) Each petition to compete for con10 sideration for a visa under section 1153(c) 

11 of this title shall be accompanied by a fee 

12 equal to $30. All amounts collected under 

13 this clause shall be deposited into the Treas14 ury as miscellaneous receipts.’’: 

15 Provided, That the Department of State, in consultation 

16 with the Department of Homeland Security, shall report 

17 to the Committees on Appropriations of the Senate and the 

18 House of Representatives not later than 90 days after the 

19 date of enactment of this Act on the steps being taken to 

20 implement the recommendations of GAO–07–1174. 

21 SEC. 564. The Administrator of the Federal Emer22 gency Management Agency shall cancel the liquidated bal23 ances of all remaining uncancelled or partially cancelled 

24 loans disbursed under the Community Disaster Loan Act 

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1 mental Appropriations Act for Defense, the Global War on 

2 Terror, and Hurricane Recovery, 2006 (Public Law 109– 

3 234), as amended by section 4502 of the U.S. Troop Readi4 ness, Veterans’ Care, Katrina Recovery, and Iraq Account5 ability Appropriations Act, 2007 (Public Law 110–28) to 

6 the extent that revenues of the local government during the 

7 period following the major disaster are insufficient to meet 

8 the budget of the local government, including additional dis9 aster-related expenses of a municipal character. In calcu10 lating a community’s revenues while determining cancella11 tion, the Administrator shall exclude revenues for special 

12 districts and any other revenues that are required by law 

13 to be disbursed to other units of local government or used 

14 for specific purposes more limited than the scope allowed 

15 by the General Fund. In calculating a community’s ex16 penses, the Administrator shall include disaster-related cap17 ital expenses for which the community has not been reim18 bursed by Federal or insurance proceeds, debt service ex19 penses, and accrued but unpaid uncompensated absences 

20 (vacation and sick pay). In calculating the operating deficit 

21 of the local government, the Administrator shall also con22 sider all interfund transfers. When considering the period 

23 following the disaster, the Administrator may consider a 

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1 bility for cancellation. The criteria for cancellation do not 

2 apply to those loans already cancelled in full. Applicants 

3 shall submit supplemental documentation in support of 

4 their applications for cancellation on or before April 30, 

5 2014, and the Administrator shall issue determinations and 

6 resolve any appeals on or before April 30, 2015. Loans not 

7 cancelled in full shall be repaid not later than September 

8 30, 2035. The Administrator may use funds provided under 

9 Public Law 109–88 to reimburse those communities that 

10 have repaid all or a portion of loans, including interest, 

11 provided as Special Community Disaster Loans under Pub12 lic Law 109–88 or Public Law 109–234, as amended by 

13 section 4502 of Public Law 110–28. Further, the Adminis14 trator may use funds provided under Public Law 109–88 

15 for necessary expenses to carry out this provision. 

16 SEC. 565. The Inspector General shall review the ap17 plications for public assistance provided through the Dis18 aster Relief Fund with a project cost that exceeds 

19 $10,000,000 and the resulting decisions issued by the Fed20 eral Emergency Management Agency for category A debris 

21 removal for DR–1786 upon receipt of a request from an 

22 applicant made no earlier than 90 days after filing an ap23 peal with the Federal Emergency Management Agency 

24 without regard to whether the Administrator of the Federal 

25 Emergency Management Agency has issued a final agency 


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1 determination on the application for assistance: Provided, 

2 That not later than 180 days after the date of such request, 

3 the Inspector General shall determine whether the Federal 

4 Emergency Management Agency correctly applied its rules 

5 and regulations to determine eligibility of the applicant’s 

6 claim: Provided further, That if the Inspector General finds 

7 that the Federal Emergency Management Agency deter8 minations related to eligibility and cost involved a 

9 misapplication of its rules and regulations, the applicant 

10 may submit the dispute to the arbitration process estab11 lished under the authority granted under section 601 of 

12 Public Law 111–5 not later than 15 days after the date 

13 of issuance of the Inspector General’s finding in the pre14 vious proviso: Provided further, That if the Inspector Gen15 eral finds that the Federal Emergency Management Agency 

16 provided unauthorized funding, that the Federal Emergency 

17 Management Agency shall take corrective action. 

18 SEC. 566. None of the funds provided in this or any 

19 other Act may be obligated to implement the National Pre20 paredness Grant Program or any other successor grant pro21 grams unless explicitly authorized by Congress. 

22 SEC. 567. None of the funds made available by this 

23 Act may be used to provide funding for the position of Pub24 lic Advocate within U.S. Immigration and Customs En25 forcement. 


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1 SEC. 568. None of the funds made available in this 

2 Act may be used to reimburse any Federal department or 

3 agency for its participation in a National Special Security 

4 Event. 

5 SEC. 569. None of the funds made available in this 

6 Act may be used to pay for the travel to or attendance of 

7 more than 50 employees of a single component of the De8 partment of Homeland Security, who are stationed in the 

9 United States, at a single international conference unless 

10 the Secretary of Homeland Security determines that such 

11 attendance is in the national interest and notifies the Com12 mittees on Appropriations of the Senate and the House of 

13 Representatives within at least 10 days of that determina14 tion and the basis for that determination: Provided, That 

15 for purposes of this section the term ‘‘international con16 ference’’ shall mean a conference occurring outside of the 

17 United States attended by representatives of the United 

18 States Government and of foreign governments, inter19 national organizations, or nongovernmental organizations. 

20 (RESCISSIONS)

21 SEC. 570. Of the funds appropriated to the Depart22 ment of Homeland Security, the following funds are hereby 

23 rescinded from the following accounts and programs in the 

24 specified amounts: Provided, That no amounts may be re25 scinded from amounts that were designated by the Congress 


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1 as an emergency requirement pursuant to a concurrent res2 olution on the budget or the Balanced Budget and Emer3 gency Deficit Control Act of 1985, as amended: 

4 (1) $1,800,000 from Public Law 112–74 under 

5 the heading ‘‘Analysis and Operations’’; 

6 (2) $73,232,000 from funds made available in 

7 Public Law 112–10 and Public Law 112–74 under 

8 the heading U.S. Customs and Border Protection, 

9 ‘‘Border Security Fencing, Infrastructure, and Tech10 nology’’; 

11 (3) $3,108,311 from unobligated prior year bal12 ances from U.S. Immigration and Customs Enforce13 ment, ‘‘Construction’’; 

14 (4) $25,000,000 from Public Law 110–329 under 

15 the heading Coast Guard ‘‘Acquisition, Construction, 

16 and Improvements’’; 

17 (5) $43,000,000 from Public Law 111–83 under 

18 the heading Coast Guard ‘‘Acquisition, Construction, 

19 and Improvements’’; 

20 (6) $63,500,000 from Public Law 112–10 under 

21 the heading Coast Guard ‘‘Acquisition, Construction, 

22 and Improvements’’; 

23 (7) $23,000,000 from Public Law 112–74 under 

24 the heading Coast Guard ‘‘Acquisition, Construction, 

25 and Improvements’’; and 


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1 (8) $21,667,000 from Public Law 112–74 under 

2 the heading Transportation Security Administration, 

3 ‘‘Surface Transportation Security’’. 

4 (RESCISSION)

5 SEC. 571. Of the funds provided in Public Law 110– 

6 161, Public Law 110–329, and Public Law 111–83, under 

7 the heading ‘‘National Predisaster Mitigation Fund’’ for 

8 congressionally directed spending items, $12,000,000 are re9 scinded from projects for which no applications were sub10 mitted or from projects which were completed for an 

11 amount less than that appropriated. 

12 (RESCISSIONS)

13 SEC. 572. Of the funds transferred to the Department 

14 of Homeland Security when it was created in 2003, the fol15 lowing funds are hereby rescinded from the following ac16 counts and programs in the specified amounts: 

17 (1) $199,657 from ‘‘Operations’’; 

18 (2) $445,328 from U.S. Customs and Border 

19 Protection ‘‘Salaries and Expenses’’; 

20 (3) $63,045 from U.S. Customs and Border Pro21 tection ‘‘Violent Crime Reduction Programs’’; 

22 (4) $86,597 from U.S. Immigration and Customs 

23 Enforcement ‘‘Violent Crime Reduction Programs’’; 

24 (5) $1,739 from Coast Guard ‘‘Acquisition, Con25 struction, and Improvements’’; 


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1 (6) $1,329,239 from Federal Emergency Manage2 ment Agency ‘‘Office of Domestic Preparedness’’; 

3 (7) $3,262,677 from Federal Emergency Manage4 ment Agency ‘‘National Predisaster Mitigation 

5 Fund’’; and 

6 (8) $2,291,844 from Transportation Security 

7 Administration ‘‘Administration’’. 

8 (RESCISSIONS)

9 SEC. 573. The following unobligated balances made 

10 available to the Department of Homeland Security pursu11 ant to section 505 of the Department of Homeland Security 

12 Appropriations Act, 2012 (Public Law 112–74; 125 Stat. 

13 984) are rescinded: 

14 (1) $314,674 from ‘‘Office of the Secretary and 

15 Executive Management’’; 

16 (2) $185,813 from ‘‘Office of the Under Secretary 

17 for Management’’; 

18 (3) $114,391 from ‘‘Office of the Chief Financial 

19 Officer’’; 

20 (4) $59,507 from ‘‘Office of the Chief Informa21 tion Officer’’; 

22 (5) $568,188 from ‘‘Analysis and Operations’’; 

23 (6) $45,525 from ‘‘Office of Inspector General’’; 

24 (7) $568,480 from U.S. Customs and Border 

25 Protection ‘‘Salaries and Expenses’’; 


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1 (8) $3,581,483 from U.S. Immigration and Cus2 toms Enforcement ‘‘Salaries and Expenses’’; 

3 (9) $1,075,942 from Transportation Security 

4 Administration ‘‘Federal Air Marshals’’; 

5 (10) $18,142,454 from Coast Guard ‘‘Operating 

6 Expenses’’; 

7 (11) $991,520 from Coast Guard ‘‘Reserve 

8 Training’’; 

9 (12) $1,033,599 from Coast Guard ‘‘Acquisition, 

10 Construction, and Improvements’’; 

11 (13) $2,371,377 from United States Secret Serv12 ice ‘‘Salaries and Expenses’’; 

13 (14) $82,084 from National Protection and Pro14 grams Directorate ‘‘Management and Administra15 tion’’; 

16 (15) $1,683,470 from National Protection and 

17 Programs Directorate ‘‘Infrastructure Protection and 

18 Information Security’’; 

19 (16) $184,583 from National Protection and 

20 Programs Directorate ‘‘United States Visitor and Im21 migrant Status Indicator Technology’’; 

22 (17) $259,874 from Federal Emergency Manage23 ment Agency ‘‘Salaries and Expenses’’; 

24 (18) $206,722 from Federal Emergency Manage25 ment Agency ‘‘State and Local Programs’’; 


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1 (19) $450,017 from Office of Health Affairs; 

2 (20) $205,799 from United States Citizenship 

3 and Immigration Services; 

4 (21) $512,660 from Federal Law Enforcement 

5 Training Center ‘‘Salaries and Expenses’’; 

6 (22) $244,553 from Science and Technology 

7 ‘‘Management and Administration’’; and 

8 (23) $128,565 from Domestic Nuclear Detection 

9 Office ‘‘Management and Administration’’. 

10 SEC. 574. Fourteen days after the Secretary of Home11 land Security submits a report required under this division 

12 to the Committees on Appropriations of the Senate and the 

13 House of Representatives, the Secretary shall submit a copy 

14 of that report to the Committee on Homeland Security and 

15 Governmental Affairs of the Senate and the Committee on 

16 Homeland Security of the House of Representatives. 

17 This division may be cited as the ‘‘Department of 

18 Homeland Security Appropriations Act, 2013’’. 

19 DIVISION E—MILITARY CONSTRUCTION 

20 AND VETERANS AFFAIRS, AND RE21 LATED AGENCIES APPROPRIATIONS 

22 ACT, 2013 

23 The following sums are hereby appropriated, out of 

24 any money in the Treasury not otherwise appropriated, for 

25 military construction, the Department of Veterans Affairs, 


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1 and related agencies for the fiscal year ending September 

2 30, 2013, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF DEFENSE 

5 MILITARY CONSTRUCTION, ARMY

6 For acquisition, construction, installation, and equip7 ment of temporary or permanent public works, military in8 stallations, facilities, and real property for the Army as 

9 currently authorized by law, including personnel in the 

10 Army Corps of Engineers and other personal services nec11 essary for the purposes of this appropriation, and for con12 struction and operation of facilities in support of the func13 tions of the Commander in Chief, $1,684,323,000, to remain 

14 available until September 30, 2017: Provided, That of this 

15 amount, not to exceed $80,173,000 shall be available for 

16 study, planning, design, architect and engineer services, 

17 and host nation support, as authorized by law, unless the 

18 Secretary of Army determines that additional obligations 

19 are necessary for such purposes and notifies the Committees 

20 on Appropriations of both Houses of Congress of the deter21 mination and the reasons therefor. 

22 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

23 For acquisition, construction, installation, and equip24 ment of temporary or permanent public works, naval in25 stallations, facilities, and real property for the Navy and 


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1 Marine Corps as currently authorized by law, including 

2 personnel in the Naval Facilities Engineering Command 

3 and other personal services necessary for the purposes of this 

4 appropriation, $1,549,164,000, to remain available until 

5 September 30, 2017: Provided, That of this amount, not to 

6 exceed $102,619,000 shall be available for study, planning, 

7 design, and architect and engineer services, as authorized 

8 by law, unless the Secretary of Navy determines that addi9 tional obligations are necessary for such purposes and noti10 fies the Committees on Appropriations of both Houses of 

11 Congress of the determination and the reasons therefor. 

12 MILITARY CONSTRUCTION, AIR FORCE

13 For acquisition, construction, installation, and equip14 ment of temporary or permanent public works, military in15 stallations, facilities, and real property for the Air Force 

16 as currently authorized by law, $322,543,000, to remain 

17 available until September 30, 2017: Provided, That of this 

18 amount, not to exceed $18,635,000 shall be available for 

19 study, planning, design, and architect and engineer serv20 ices, as authorized by law, unless the Secretary of Air Force 

21 determines that additional obligations are necessary for 

22 such purposes and notifies the Committees on Appropria23 tions of both Houses of Congress of the determination and 

24 the reasons therefor. 


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1 MILITARY CONSTRUCTION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, installa5 tions, facilities, and real property for activities and agen6 cies of the Department of Defense (other than the military 

7 departments), as currently authorized by law, 

8 $3,582,423,000, to remain available until September 30, 

9 2017: Provided, That such amounts of this appropriation 

10 as may be determined by the Secretary of Defense may be 

11 transferred to such appropriations of the Department of De12 fense available for military construction or family housing 

13 as the Secretary may designate, to be merged with and to 

14 be available for the same purposes, and for the same time 

15 period, as the appropriation or fund to which transferred: 

16 Provided further, That of the amount appropriated, not to 

17 exceed $315,562,000 shall be available for study, planning, 

18 design, and architect and engineer services, as authorized 

19 by law, unless the Secretary of Defense determines that ad20 ditional obligations are necessary for such purposes and no21 tifies the Committees on Appropriations of both Houses of 

22 Congress of the determination and the reasons therefor: Pro23 vided further, That of the amount appropriated, notwith24 standing any other provision of law, $26,969,000 shall be 

25 available for payments to the North Atlantic Treaty OrgaVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00715 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 nization for the planning, design, and construction of a new 

2 North Atlantic Treaty Organization headquarters. 

3 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the Army National Guard, and contribu7 tions therefor, as authorized by chapter 1803 of title 10, 

8 United States Code, and Military Construction Authoriza9 tion Acts, $613,799,000, to remain available until Sep10 tember 30, 2017: Provided, That of the amount appro11 priated, not to exceed $26,622,000 shall be available for 

12 study, planning, design, and architect and engineer serv13 ices, as authorized by law, unless the Director of the Army 

14 National Guard determines that additional obligations are 

15 necessary for such purposes and notifies the Committees on 

16 Appropriations of both Houses of Congress of the determina17 tion and the reasons therefor. 

18 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

19 For construction, acquisition, expansion, rehabilita20 tion, and conversion of facilities for the training and ad21 ministration of the Air National Guard, and contributions 

22 therefor, as authorized by chapter 1803 of title 10, United 

23 States Code, and Military Construction Authorization Acts, 

24 $42,386,000, to remain available until September 30, 2017: 

25 Provided, That of the amount appropriated, not to exceed 


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1 $4,000,000 shall be available for study, planning, design, 

2 and architect and engineer services, as authorized by law, 

3 unless the Director of the Air National Guard determines 

4 that additional obligations are necessary for such purposes 

5 and notifies the Committees on Appropriations of both 

6 Houses of Congress of the determination and the reasons 

7 therefor. 

8 MILITARY CONSTRUCTION, ARMY RESERVE

9 For construction, acquisition, expansion, rehabilita10 tion, and conversion of facilities for the training and ad11 ministration of the Army Reserve as authorized by chapter 

12 1803 of title 10, United States Code, and Military Con13 struction Authorization Acts, $305,846,000, to remain 

14 available until September 30, 2017: Provided, That of the 

15 amount appropriated, not to exceed $15,951,000 shall be 

16 available for study, planning, design, and architect and en17 gineer services, as authorized by law, unless the Chief of 

18 the Army Reserve determines that additional obligations 

19 are necessary for such purposes and notifies the Committees 

20 on Appropriations of both Houses of Congress of the deter21 mination and the reasons therefor. 

22 MILITARY CONSTRUCTION, NAVY RESERVE

23 For construction, acquisition, expansion, rehabilita24 tion, and conversion of facilities for the training and ad25 ministration of the reserve components of the Navy and MaVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00717 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 rine Corps as authorized by chapter 1803 of title 10, United 

2 States Code, and Military Construction Authorization Acts, 

3 $49,532,000, to remain available until September 30, 2017: 

4 Provided, That of the amount appropriated, not to exceed 

5 $2,118,000 shall be available for study, planning, design, 

6 and architect and engineer services, as authorized by law, 

7 unless the Secretary of the Navy determines that additional 

8 obligations are necessary for such purposes and notifies the 

9 Committees on Appropriations of both Houses of Congress 

10 of the determination and the reasons therefor. 

11 MILITARY CONSTRUCTION, AIR FORCE RESERVE

12 For construction, acquisition, expansion, rehabilita13 tion, and conversion of facilities for the training and ad14 ministration of the Air Force Reserve as authorized by 

15 chapter 1803 of title 10, United States Code, and Military 

16 Construction Authorization Acts, $10,979,000, to remain 

17 available until September 30, 2017: Provided, That of the 

18 amount appropriated, not to exceed $2,879,000 shall be 

19 available for study, planning, design, and architect and en20 gineer services, as authorized by law, unless the Chief of 

21 the Air Force Reserve determines that additional obliga22 tions are necessary for such purposes and notifies the Com23 mittees on Appropriations of both Houses of Congress of the 

24 determination and the reasons therefor. 


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1 NORTH ATLANTIC TREATY ORGANIZATION

2 SECURITY INVESTMENT PROGRAM

3 For the United States share of the cost of the North 

4 Atlantic Treaty Organization Security Investment Pro5 gram for the acquisition and construction of military facili6 ties and installations (including international military 

7 headquarters) and for related expenses for the collective de8 fense of the North Atlantic Treaty Area as authorized by 

9 section 2806 of title 10, United States Code, and Military 

10 Construction Authorization Acts, $254,163,000, to remain 

11 available until expended. 

12 FAMILY HOUSING CONSTRUCTION, ARMY

13 For expenses of family housing for the Army for con14 struction, including acquisition, replacement, addition, ex15 pansion, extension, and alteration, as authorized by law, 

16 $4,641,000, to remain available until September 30, 2017. 

17 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

18 For expenses of family housing for the Army for oper19 ation and maintenance, including debt payment, leasing, 

20 minor construction, principal and interest charges, and in21 surance premiums, as authorized by law, $530,051,000. 

22 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

23 CORPS

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1 ment, addition, expansion, extension, and alteration, as au2 thorized by law, $102,182,000, to remain available until 

3 September 30, 2017. 

4 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

5 AND MARINE CORPS

6 For expenses of family housing for the Navy and Ma7 rine Corps for operation and maintenance, including debt 

8 payment, leasing, minor construction, principal and inter9 est charges, and insurance premiums, as authorized by law, 

10 $378,230,000. 

11 FAMILY HOUSING CONSTRUCTION, AIR FORCE

12 For expenses of family housing for the Air Force for 

13 construction, including acquisition, replacement, addition, 

14 expansion, extension, and alteration, as authorized by law, 

15 $83,824,000, to remain available until September 30, 2017. 

16 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

17 FORCE

18 For expenses of family housing for the Air Force for 

19 operation and maintenance, including debt payment, leas20 ing, minor construction, principal and interest charges, 

21 and insurance premiums, as authorized by law, 

22 $497,829,000. 


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1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 DEFENSE-WIDE

3 For expenses of family housing for the activities and 

4 agencies of the Department of Defense (other than the mili5 tary departments) for operation and maintenance, leasing, 

6 and minor construction, as authorized by law, $52,238,000. 

7 DEPARTMENT OF DEFENSE FAMILY HOUSING

8 IMPROVEMENT FUND

9 For the Department of Defense Family Housing Im10 provement Fund, $1,786,000, to remain available until ex11 pended, for family housing initiatives undertaken pursuant 

12 to section 2883 of title 10, United States Code, providing 

13 alternative means of acquiring and improving military 

14 family housing and supporting facilities. 

15 CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE16 WIDE

17 For expenses of construction, not otherwise provided 

18 for, necessary for the destruction of the United States stock19 pile of lethal chemical agents and munitions in accordance 

20 with section 1412 of the Department of Defense Authoriza21 tion Act, 1986 (50 U.S.C. 1521), and for the destruction 

22 of other chemical warfare materials that are not in the 

23 chemical weapon stockpile, as currently authorized by law, 

24 $151,000,000, to remain available until September 30, 


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1 2017, which shall be only for the Assembled Chemical Weap2 ons Alternatives program. 

3 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990 

4 For deposit into the Department of Defense Base Clo5 sure Account 1990, established by section 2906(a)(1) of the 

6 Defense Base Closure and Realignment Act of 1990 (10 

7 U.S.C. 2687 note), $409,396,000, to remain available until 

8 expended. 

9 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

10 For deposit into the Department of Defense Base Clo11 sure Account 2005, established by section 2906A(a)(1) of the 

12 Defense Base Closure and Realignment Act of 1990 (10 

13 U.S.C. 2687 note), $126,697,000, to remain available until 

14 expended: Provided, That the Department of Defense shall 

15 notify the Committees on Appropriations of both Houses of 

16 Congress 14 days prior to obligating an amount for a con17 struction project that exceeds or reduces the amount identi18 fied for that project in the most recently submitted budget 

19 request for this account by 20 percent or $2,000,000, which20 ever is less: Provided further, That the previous proviso 

21 shall not apply to projects costing less than $5,000,000, ex22 cept for those projects not previously identified in any budg23 et submission for this account and exceeding the minor con24 struction threshold under section 2805 of title 10, United 

25 States Code. 


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1 ADMINISTRATIVE PROVISIONS

2 SEC. 101. None of the funds made available in this 

3 title shall be expended for payments under a cost-plus-a4 fixed-fee contract for construction, where cost estimates ex5 ceed $25,000, to be performed within the United States, ex6 cept Alaska, without the specific approval in writing of the 

7 Secretary of Defense setting forth the reasons therefor. 

8 SEC. 102. Funds made available in this title for con9 struction shall be available for hire of passenger motor vehi10 cles. 

11 SEC. 103. Funds made available in this title for con12 struction may be used for advances to the Federal Highway 

13 Administration, Department of Transportation, for the con14 struction of access roads as authorized by section 210 of 

15 title 23, United States Code, when projects authorized there16 in are certified as important to the national defense by the 

17 Secretary of Defense. 

18 SEC. 104. None of the funds made available in this 

19 title may be used to begin construction of new bases in the 

20 United States for which specific appropriations have not 

21 been made. 

22 SEC. 105. None of the funds made available in this 

23 title shall be used for purchase of land or land easements 

24 in excess of 100 percent of the value as determined by the 

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1 ing Command, except: (1) where there is a determination 

2 of value by a Federal court; (2) purchases negotiated by 

3 the Attorney General or the designee of the Attorney Gen4 eral; (3) where the estimated value is less than $25,000; or 

5 (4) as otherwise determined by the Secretary of Defense to 

6 be in the public interest. 

7 SEC. 106. None of the funds made available in this 

8 title shall be used to: (1) acquire land; (2) provide for site 

9 preparation; or (3) install utilities for any family housing, 

10 except housing for which funds have been made available 

11 in annual Acts making appropriations for military con12 struction. 

13 SEC. 107. None of the funds made available in this 

14 title for minor construction may be used to transfer or relo15 cate any activity from one base or installation to another, 

16 without prior notification to the Committees on Appropria17 tions of both Houses of Congress. 

18 SEC. 108. None of the funds made available in this 

19 title may be used for the procurement of steel for any con20 struction project or activity for which American steel pro21 ducers, fabricators, and manufacturers have been denied the 

22 opportunity to compete for such steel procurement. 

23 SEC. 109. None of the funds available to the Depart24 ment of Defense for military construction or family housing 


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1 during the current fiscal year may be used to pay real prop2 erty taxes in any foreign nation. 

3 SEC. 110. None of the funds made available in this 

4 title may be used to initiate a new installation overseas 

5 without prior notification to the Committees on Appropria6 tions of both Houses of Congress. 

7 SEC. 111. None of the funds made available in this 

8 title may be obligated for architect and engineer contracts 

9 estimated by the Government to exceed $500,000 for projects 

10 to be accomplished in Japan, in any North Atlantic Treaty 

11 Organization member country, or in countries bordering the 

12 Arabian Sea, unless such contracts are awarded to United 

13 States firms or United States firms in joint venture with 

14 host nation firms. 

15 SEC. 112. None of the funds made available in this 

16 title for military construction in the United States terri17 tories and possessions in the Pacific and on Kwajalein 

18 Atoll, or in countries bordering the Arabian Sea, may be 

19 used to award any contract estimated by the Government 

20 to exceed $1,000,000 to a foreign contractor: Provided, That 

21 this section shall not be applicable to contract awards for 

22 which the lowest responsive and responsible bid of a United 

23 States contractor exceeds the lowest responsive and respon24 sible bid of a foreign contractor by greater than 20 percent: 

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1 tract awards for military construction on Kwajalein Atoll 

2 for which the lowest responsive and responsible bid is sub3 mitted by a Marshallese contractor. 

4 SEC. 113. The Secretary of Defense shall inform the 

5 appropriate committees of both Houses of Congress, includ6 ing the Committees on Appropriations, of plans and scope 

7 of any proposed military exercise involving United States 

8 personnel 30 days prior to its occurring, if amounts ex9 pended for construction, either temporary or permanent, 

10 are anticipated to exceed $100,000. 

11 SEC. 114. Funds appropriated to the Department of 

12 Defense for construction in prior years shall be available 

13 for construction authorized for each such military depart14 ment by the authorizations enacted into law during the cur15 rent session of Congress. 

16 SEC. 115. Not more than 20 percent of the funds made 

17 available in this title which are limited for obligation dur18 ing the current fiscal year shall be obligated during the last 

19 2 months of the fiscal year. 

20 SEC. 116. For military construction or family housing 

21 projects that are being completed with funds otherwise ex22 pired or lapsed for obligation, expired or lapsed funds may 

23 be used to pay the cost of associated supervision, inspection, 

24 overhead, engineering and design on those projects and on 

25 subsequent claims, if any. 


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1 SEC. 117. Notwithstanding any other provision of law, 

2 any funds made available to a military department or de3 fense agency for the construction of military projects may 

4 be obligated for a military construction project or contract, 

5 or for any portion of such a project or contract, at any 

6 time before the end of the fourth fiscal year after the fiscal 

7 year for which funds for such project were made available, 

8 if the funds obligated for such project: (1) are obligated from 

9 funds available for military construction projects; and (2) 

10 do not exceed the amount appropriated for such project, 

11 plus any amount by which the cost of such project is in12 creased pursuant to law. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 118. In addition to any other transfer authority 

15 available to the Department of Defense, proceeds deposited 

16 to the Department of Defense Base Closure Account estab17 lished by section 207(a)(1) of the Defense Authorization 

18 Amendments and Base Closure and Realignment Act (10 

19 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such 

20 Act, may be transferred to the account established by section 

21 2906(a)(1) of the Defense Base Closure and Realignment 

22 Act of 1990 (10 U.S.C. 2687 note), to be merged with, and 

23 to be available for the same purposes and the same time 

24 period as that account. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 119. Subject to 30 days prior notification, or 14 

3 days for a notification provided in an electronic medium 

4 pursuant to sections 480 and 2883 of title 10, United States 

5 Code, to the Committees on Appropriations of both Houses 

6 of Congress, such additional amounts as may be determined 

7 by the Secretary of Defense may be transferred to: (1) the 

8 Department of Defense Family Housing Improvement Fund 

9 from amounts appropriated for construction in ‘‘Family 

10 Housing’’ accounts, to be merged with and to be available 

11 for the same purposes and for the same period of time as 

12 amounts appropriated directly to the Fund; or (2) the De13 partment of Defense Military Unaccompanied Housing Im14 provement Fund from amounts appropriated for construc15 tion of military unaccompanied housing in ‘‘Military Con16 struction’’ accounts, to be merged with and to be available 

17 for the same purposes and for the same period of time as 

18 amounts appropriated directly to the Fund: Provided, That 

19 appropriations made available to the Funds shall be avail20 able to cover the costs, as defined in section 502(5) of the 

21 Congressional Budget Act of 1974, of direct loans or loan 

22 guarantees issued by the Department of Defense pursuant 

23 to the provisions of subchapter IV of chapter 169 of title 

24 10, United States Code, pertaining to alternative means of 


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1 acquiring and improving military family housing, military 

2 unaccompanied housing, and supporting facilities. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 120. In addition to any other transfer authority 

5 available to the Department of Defense, amounts may be 

6 transferred from the accounts established by sections 

7 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

8 and Realignment Act of 1990 (10 U.S.C. 2687 note), to the 

9 fund established by section 1013(d) of the Demonstration 

10 Cities and Metropolitan Development Act of 1966 (42 

11 U.S.C. 3374) to pay for expenses associated with the Home12 owners Assistance Program incurred under 42 U.S.C. 

13 3374(a)(1)(A). Any amounts transferred shall be merged 

14 with and be available for the same purposes and for the 

15 same time period as the fund to which transferred. 

16 SEC. 121. Notwithstanding any other provision of law, 

17 funds made available in this title for operation and mainte18 nance of family housing shall be the exclusive source of 

19 funds for repair and maintenance of all family housing 

20 units, including general or flag officer quarters: Provided, 

21 That not more than $35,000 per unit may be spent annu22 ally for the maintenance and repair of any general or flag 

23 officer quarters without 30 days prior notification, or 14 

24 days for a notification provided in an electronic medium 

25 pursuant to sections 480 and 2883 of title 10, United States 


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1 Code, to the Committees on Appropriations of both Houses 

2 of Congress, except that an after-the-fact notification shall 

3 be submitted if the limitation is exceeded solely due to costs 

4 associated with environmental remediation that could not 

5 be reasonably anticipated at the time of the budget submis6 sion: Provided further, That the Under Secretary of Defense 

7 (Comptroller) is to report annually to the Committees on 

8 Appropriations of both Houses of Congress all operation 

9 and maintenance expenditures for each individual general 

10 or flag officer quarters for the prior fiscal year. 

11 SEC. 122. Amounts contained in the Ford Island Im12 provement Account established by subsection (h) of section 

13 2814 of title 10, United States Code, are appropriated and 

14 shall be available until expended for the purposes specified 

15 in subsection (i)(1) of such section or until transferred pur16 suant to subsection (i)(3) of such section. 

17 SEC. 123. None of the funds made available in this 

18 title, or in any Act making appropriations for military 

19 construction which remain available for obligation, may be 

20 obligated or expended to carry out a military construction, 

21 land acquisition, or family housing project at or for a mili22 tary installation approved for closure, or at a military in23 stallation for the purposes of supporting a function that has 

24 been approved for realignment to another installation, in 

25 2005 under the Defense Base Closure and Realignment Act 


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1 of 1990 (part A of title XXIX of Public Law 101–510; 10 

2 U.S.C. 2687 note), unless such a project at a military in3 stallation approved for realignment will support a con4 tinuing mission or function at that installation or a new 

5 mission or function that is planned for that installation, 

6 or unless the Secretary of Defense certifies that the cost to 

7 the United States of carrying out such project would be less 

8 than the cost to the United States of cancelling such project, 

9 or if the project is at an active component base that shall 

10 be established as an enclave or in the case of projects having 

11 multi-agency use, that another Government agency has in12 dicated it will assume ownership of the completed project. 

13 The Secretary of Defense may not transfer funds made 

14 available as a result of this limitation from any military 

15 construction project, land acquisition, or family housing 

16 project to another account or use such funds for another 

17 purpose or project without the prior approval of the Com18 mittees on Appropriations of both Houses of Congress. This 

19 section shall not apply to military construction projects, 

20 land acquisition, or family housing projects for which the 

21 project is vital to the national security or the protection 

22 of health, safety, or environmental quality: Provided, That 

23 the Secretary of Defense shall notify the congressional de24 fense committees within seven days of a decision to carry 

25 out such a military construction project. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 124. During the 5-year period after appropria3 tions available in this Act to the Department of Defense 

4 for military construction and family housing operation and 

5 maintenance and construction have expired for obligation, 

6 upon a determination that such appropriations will not be 

7 necessary for the liquidation of obligations or for making 

8 authorized adjustments to such appropriations for obliga9 tions incurred during the period of availability of such ap10 propriations, unobligated balances of such appropriations 

11 may be transferred into the appropriation ‘‘Foreign Cur12 rency Fluctuations, Construction, Defense’’, to be merged 

13 with and to be available for the same time period and for 

14 the same purposes as the appropriation to which trans15 ferred. 

16 SEC. 125. None of the funds made available by this 

17 Act may be used by the Secretary of Defense to take bene18 ficial occupancy of more than 2,500 parking spaces (other 

19 than handicap-reserved spaces) to be provided by the BRAC 

20 133 project: Provided, That this limitation may be waived 

21 in part if: (1) the Secretary of Defense certifies to Congress 

22 that levels of service at existing intersections in the vicinity 

23 of the project have not experienced failing levels of service 

24 as defined by the Transportation Research Board Highway 

25 Capacity Manual over a consecutive 90-day period; (2) the 


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1 Department of Defense and the Virginia Department of 

2 Transportation agree on the number of additional parking 

3 spaces that may be made available to employees of the facil4 ity subject to continued 90-day traffic monitoring; and (3) 

5 the Secretary of Defense notifies the congressional defense 

6 committees in writing at least 14 days prior to exercising 

7 this waiver of the number of additional parking spaces to 

8 be made available. 

9 SEC. 126. None of the funds made available by this 

10 Act may be used for any action that relates to or promotes 

11 the expansion of the boundaries or size of the Pinon Canyon 

12 Maneuver Site, Colorado. 

13 SEC. 127. Amounts appropriated or otherwise made 

14 available in an account funded under the headings in this 

15 title may be transferred among projects and activities with16 in the account in accordance with the reprogramming 

17 guidelines for military construction and family housing 

18 construction contained in Department of Defense Financial 

19 Management Regulation 7000.14–R, Volume 3, Chapter 7, 

20 of February 2009, as in effect on the date of enactment of 

21 this Act. 

22 SEC. 128. (a) Except as provided in subsection (b), 

23 none of the funds made available in this Act may be used 

24 by the Secretary of the Army to relocate a unit in the Army 

25 that— 


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1 (1) performs a testing mission or function that 

2 is not performed by any other unit in the Army and 

3 is specifically stipulated in title 10, United States 

4 Code; and 

5 (2) is located at a military installation at which 

6 the total number of civilian employees of the Depart7 ment of the Army and Army contractor personnel em8 ployed exceeds 10 percent of the total number of mem9 bers of the regular and reserve components of the 

10 Army assigned to the installation. 

11 (b) EXCEPTION.—Subsection (a) shall not apply if the 

12 Secretary of the Army certifies to the congressional defense 

13 committees that in proposing the relocation of the unit of 

14 the Army, the Secretary complied with Army Regulation 

15 5–10 relating to the policy, procedures, and responsibilities 

16 for Army stationing actions. 

17 SEC. 129. Notwithstanding any other provision of law, 

18 none of the funds made available to the Department of De19 fense for military construction in this or any other Act, 

20 may be obligated or expended for planning and design and 

21 construction of projects at Arlington National Cemetery. 

22 (INCLUDING RESCISSION OF FUNDS)

23 SEC. 130. Of the unobligated balances available for 

24 ‘‘Military Construction, Defense-Wide’’, from prior appro25 priations Acts, $20,000,000 are hereby cancelled: Provided, 


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1 That no amounts may be cancelled from amounts that were 

2 designated by Congress as an emergency requirement or for 

3 Overseas Contingency Operations/Global War on Terrorism 

4 pursuant to the Concurrent Resolution on the Budget or 

5 the Balanced Budget and Emergency Deficit Control Act 

6 of 1985, as amended. 

7 (INCLUDING RESCISSION OF FUNDS)

8 SEC. 131. Of the unobligated balances available for 

9 ‘‘Department of Defense Base Closure Account 2005’’, from 

10 prior appropriations Acts, $132,513,000 are hereby can11 celled: Provided, That no amounts may be cancelled from 

12 amounts that were designated by Congress as an emergency 

13 requirement or for Overseas Contingency Operations/Global 

14 War on Terrorism pursuant to the Concurrent Resolution 

15 on the Budget or the Balanced Budget and Emergency Def16 icit Control Act of 1985, as amended. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 132. Of the proceeds credited to the Department 

19 of Defense Family Housing Improvement Fund pursuant 

20 to subsection (c)(1)(C) of section 2883 of title 10, United 

21 States Code, from a Department of Navy land conveyance, 

22 the Secretary of Defense shall transfer $10,500,000 to the 

23 Secretary of the Navy under paragraph (3) of subsection 

24 (d) of such section for use by the Secretary of the Navy as 


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1 provided in paragraph (1) of such subsection until ex2 pended. 

3 TITLE II 

4 DEPARTMENT OF VETERANS AFFAIRS 

5 VETERANS BENEFITS ADMINISTRATION

6 COMPENSATION AND PENSIONS

7 (INCLUDING TRANSFER OF FUNDS)

8 For the payment of compensation benefits to or on be9 half of veterans and a pilot program for disability examina10 tions as authorized by section 107 and chapters 11, 13, 18, 

11 51, 53, 55, and 61 of title 38, United States Code; pension 

12 benefits to or on behalf of veterans as authorized by chapters 

13 15, 51, 53, 55, and 61 of title 38, United States Code; and 

14 burial benefits, the Reinstated Entitlement Program for 

15 Survivors, emergency and other officers’ retirement pay, ad16 justed-service credits and certificates, payment of premiums 

17 due on commercial life insurance policies guaranteed under 

18 the provisions of title IV of the Servicemembers Civil Relief 

19 Act (50 U.S.C. App. 541 et seq.) and for other benefits as 

20 authorized by sections 107, 1312, 1977, and 2106, and 

21 chapters 23, 51, 53, 55, and 61 of title 38, United States 

22 Code, $60,599,855,000, to remain available until expended: 

23 Provided, That not to exceed $9,204,000 of the amount ap24 propriated under this heading shall be reimbursed to ‘‘Gen25 eral operating expenses, Veterans Benefits Administration’’, 


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1 ‘‘Medical support and compliance’’, and ‘‘Information tech2 nology systems’’ for necessary expenses in implementing the 

3 provisions of chapters 51, 53, and 55 of title 38, United 

4 States Code, the funding source for which is specifically 

5 provided as the ‘‘Compensation and pensions’’ appropria6 tion: Provided further, That such sums as may be earned 

7 on an actual qualifying patient basis, shall be reimbursed 

8 to ‘‘Medical care collections fund’’ to augment the funding 

9 of individual medical facilities for nursing home care pro10 vided to pensioners as authorized. 

11 READJUSTMENT BENEFITS

12 For the payment of readjustment and rehabilitation 

13 benefits to or on behalf of veterans as authorized by chapters 

14 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of 

15 title 38, United States Code, and for the payment of benefits 

16 under the Veterans Retraining Assistance Program, 

17 $12,023,458,000, to remain available until expended: Pro18 vided, That expenses for rehabilitation program services 

19 and assistance which the Secretary is authorized to provide 

20 under subsection (a) of section 3104 of title 38, United 

21 States Code, other than under paragraphs (1), (2), (5), and 

22 (11) of that subsection, shall be charged to this account. 

23 VETERANS INSURANCE AND INDEMNITIES

24 For military and naval insurance, national service life 

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1 erans insurance, and veterans mortgage life insurance as 

2 authorized by chapters 19 and 21, title 38, United States 

3 Code, $104,600,000, to remain available until expended. 

4 VETERANS HOUSING BENEFIT PROGRAM FUND

5 For the cost of direct and guaranteed loans, such sums 

6 as may be necessary to carry out the program, as authorized 

7 by subchapters I through III of chapter 37 of title 38, 

8 United States Code: Provided, That such costs, including 

9 the cost of modifying such loans, shall be as defined in sec10 tion 502 of the Congressional Budget Act of 1974: Provided 

11 further, That during fiscal year 2013, within the resources 

12 available, not to exceed $500,000 in gross obligations for 

13 direct loans are authorized for specially adapted housing 

14 loans. 

15 In addition, for administrative expenses to carry out 

16 the direct and guaranteed loan programs, $157,814,000. 

17 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

18 For the cost of direct loans, $19,000, as authorized by 

19 chapter 31 of title 38, United States Code: Provided, That 

20 such costs, including the cost of modifying such loans, shall 

21 be as defined in section 502 of the Congressional Budget 

22 Act of 1974: Provided further, That funds made available 

23 under this heading are available to subsidize gross obliga24 tions for the principal amount of direct loans not to exceed 

25 $2,729,000. 


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1 In addition, for administrative expenses necessary to 

2 carry out the direct loan program, $346,000, which may 

3 be paid to the appropriation for ‘‘General operating ex4 penses, Veterans Benefits Administration’’. 

5 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

6 ACCOUNT

7 For administrative expenses to carry out the direct 

8 loan program authorized by subchapter V of chapter 37 of 

9 title 38, United States Code, $1,089,000. 

10 VETERANS HEALTH ADMINISTRATION

11 MEDICAL SERVICES

12 For necessary expenses for furnishing, as authorized 

13 by law, inpatient and outpatient care and treatment to 

14 beneficiaries of the Department of Veterans Affairs and vet15 erans described in section 1705(a) of title 38, United States 

16 Code, including care and treatment in facilities not under 

17 the jurisdiction of the Department, and including medical 

18 supplies and equipment, bioengineering services, food serv19 ices, and salaries and expenses of healthcare employees 

20 hired under title 38, United States Code, aid to State homes 

21 as authorized by section 1741 of title 38, United States 

22 Code, assistance and support services for caregivers as au23 thorized by section 1720G of title 38, United States Code, 

24 loan repayments authorized by section 604 of the Caregivers 

25 and Veterans Omnibus Health Services Act of 2010 (Public 


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1 Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note), and 

2 hospital care and medical services authorized by section 

3 1787 of title 38, United States Code; $155,000,000, which 

4 shall be in addition to funds previously appropriated under 

5 this heading that become available on October 1, 2012; and 

6 in addition, $43,557,000,000, plus reimbursements, shall 

7 become available on October 1, 2013, and shall remain 

8 available until September 30, 2014: Provided, That not9 withstanding any other provision of law, the Secretary of 

10 Veterans Affairs shall establish a priority for the provision 

11 of medical treatment for veterans who have service-con12 nected disabilities, lower income, or have special needs: Pro13 vided further, That notwithstanding any other provision of 

14 law, the Secretary of Veterans Affairs shall give priority 

15 funding for the provision of basic medical benefits to vet16 erans in enrollment priority groups 1 through 6: Provided 

17 further, That notwithstanding any other provision of law, 

18 the Secretary of Veterans Affairs may authorize the dis19 pensing of prescription drugs from Veterans Health Admin20 istration facilities to enrolled veterans with privately writ21 ten prescriptions based on requirements established by the 

22 Secretary: Provided further, That the implementation of the 

23 program described in the previous proviso shall incur no 

24 additional cost to the Department of Veterans Affairs. 


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1 MEDICAL SUPPORT AND COMPLIANCE

2 For necessary expenses in the administration of the 

3 medical, hospital, nursing home, domiciliary, construction, 

4 supply, and research activities, as authorized by law; ad5 ministrative expenses in support of capital policy activities; 

6 and administrative and legal expenses of the Department 

7 for collecting and recovering amounts owed the Department 

8 as authorized under chapter 17 of title 38, United States 

9 Code, and the Federal Medical Care Recovery Act (42 

10 U.S.C. 2651 et seq.); $6,033,000,000, plus reimbursements, 

11 shall become available on October 1, 2013, and shall remain 

12 available until September 30, 2014. 

13 MEDICAL FACILITIES

14 For necessary expenses for the maintenance and oper15 ation of hospitals, nursing homes, domiciliary facilities, 

16 and other necessary facilities of the Veterans Health Admin17 istration; for administrative expenses in support of plan18 ning, design, project management, real property acquisition 

19 and disposition, construction, and renovation of any facil20 ity under the jurisdiction or for the use of the Department; 

21 for oversight, engineering, and architectural activities not 

22 charged to project costs; for repairing, altering, improving, 

23 or providing facilities in the several hospitals and homes 

24 under the jurisdiction of the Department, not otherwise pro25 vided for, either by contract or by the hire of temporary 


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1 employees and purchase of materials; for leases of facilities; 

2 and for laundry services, $4,872,000,000, plus reimburse3 ments, shall become available on October 1, 2013, and shall 

4 remain available until September 30, 2014. 

5 MEDICAL AND PROSTHETIC RESEARCH

6 For necessary expenses in carrying out programs of 

7 medical and prosthetic research and development as author8 ized by chapter 73 of title 38, United States Code, 

9 $582,674,000, plus reimbursements, shall remain available 

10 until September 30, 2014. 

11 NATIONAL CEMETERY ADMINISTRATION

12 For necessary expenses of the National Cemetery Ad13 ministration for operations and maintenance, not otherwise 

14 provided for, including uniforms or allowances therefor; 

15 cemeterial expenses as authorized by law; purchase of one 

16 passenger motor vehicle for use in cemeterial operations; 

17 hire of passenger motor vehicles; and repair, alteration or 

18 improvement of facilities under the jurisdiction of the Na19 tional Cemetery Administration, $258,284,000, of which 

20 not to exceed $25,828,000 shall remain available until Sep21 tember 30, 2014: Provided, That none of the funds under 

22 this heading may be used to expand the Urban Initiative 

23 project beyond those sites outlined in the fiscal year 2012 

24 or previous budget submissions or any other rural strategy, 

25 other than the Rural Initiative included in the fiscal year 


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1 2013 budget submission, until the Secretary of Veterans Af2 fairs submits to the Committees on Appropriations of both 

3 Houses of Congress a strategy to serve the burial needs of 

4 veterans residing in rural and highly rural areas and that 

5 strategy has been approved by the Committees: Provided 

6 further, That the strategy shall include: (1) A review of pre7 vious policies of the National Cemetery Administration re8 garding establishment of new national cemeteries, including 

9 whether the guidelines of the Administration for estab10 lishing national cemetery annexes remain valid; (2) Data 

11 identifying the number of and geographic areas where rural 

12 veterans are not currently served by national or existing 

13 State cemeteries and identification of areas with the largest 

14 unserved populations, broken down by veterans residing in 

15 urban versus rural and highly rural; (3) Identification of 

16 the number of veterans who reside within the 75-mile radius 

17 of a cemetery that is limited to cremations or of a State 

18 cemetery which has residency restrictions, as well as an ex19 amination of how many communities that fall under a 75- 

20 mile radius have an actual driving distance greater than 

21 75 miles; (4) Reassessment of the gaps in service, factoring 

22 in the above conditions that limit rural and highly rural 

23 veteran burial options; (5) An assessment of the adequacy 

24 of the policy of the Administration on establishing new 

25 cemeteries proposed in the fiscal year 2013 budget request; 


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1 (6) Recommendations for an appropriate policy on new na2 tional cemeteries to serve rural or highly rural areas; (7) 

3 Development of a national map showing the locations and 

4 number of all unserved veterans; and (8) A time line for 

5 the implementation of such strategy and cost estimates for 

6 using the strategy to establish new burial sites in at least 

7 five rural or highly rural locations: Provided further, That 

8 the Comptroller General of the United States shall review 

9 the strategy to ensure that it includes the elements listed 

10 above: Provided further, That this strategy shall be sub11 mitted no later than 180 days after the date of enactment 

12 of this Act: Provided further, That the Secretary of Veterans 

13 Affairs shall issue guidelines on committal services held at 

14 cemeteries under the jurisdiction of the National Cemetery 

15 Administration to ensure that: (1) veterans’ families may 

16 arrange to hold committal services with any religious or 

17 secular content they desire; (2) the choice by a family of 

18 an honor guard and the content and presentation of mili19 tary honors may not be interfered with; and (3) attendance 

20 at committal services by outside organizations dedicated to 

21 the support of veterans will not be constrained except at 

22 the request of family members: Provided further, That the 

23 Department shall not edit, control, or exercise prior re24 straints on the content of religious speech and expression 

25 by speakers at events at veterans national cemeteries except 


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1 as provided in section 2413 of title 38, United States Code: 

2 Provided further, That actions permitted by the foregoing 

3 provisos shall be subject to compliance with Department se4 curity, safety, and law enforcement regulations. 

5 DEPARTMENTAL ADMINISTRATION

6 GENERAL ADMINISTRATION

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary operating expenses of the Department of 

9 Veterans Affairs, not otherwise provided for, including ad10 ministrative expenses in support of Department-Wide cap11 ital planning, management and policy activities, uniforms, 

12 or allowances therefor; not to exceed $25,000 for official re13 ception and representation expenses; hire of passenger 

14 motor vehicles; and reimbursement of the General Services 

15 Administration for security guard services, $424,737,000, 

16 of which not to exceed $20,837,000 shall remain available 

17 until September 30, 2014: Provided, That the Board of Vet18 erans Appeals shall be funded at not less than $86,006,000: 

19 Provided further, That of the funds made available under 

20 this heading, such sums as may be necessary shall be avail21 able to the Secretary of Veterans Affairs to comply with 

22 the Department’s energy management requirements under 

23 section 543(f)(7) of the National Energy Conservation Pol24 icy Act (42 U.S.C. 8253(f)(7)): Provided further, That 

25 funds provided under this heading may be transferred to 


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1 ‘‘General operating expenses, Veterans Benefits Administra2 tion’’. 

3 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

4 ADMINISTRATION

5 For necessary operating expenses of the Veterans Bene6 fits Administration, not otherwise provided for, including 

7 hire of passenger motor vehicles, reimbursement of the Gen8 eral Services Administration for security guard services, 

9 and reimbursement of the Department of Defense for the 

10 cost of overseas employee mail, $2,164,074,000: Provided, 

11 That expenses for services and assistance authorized under 

12 paragraphs (1), (2), (5), and (11) of section 3104(a) of title 

13 38, United States Code, that the Secretary of Veterans Af14 fairs determines are necessary to enable entitled veterans: 

15 (1) to the maximum extent feasible, to become employable 

16 and to obtain and maintain suitable employment; or (2) 

17 to achieve maximum independence in daily living, shall be 

18 charged to this account: Provided further, That of the funds 

19 made available under this heading, not to exceed 

20 $113,000,000 shall remain available until September 30, 

21 2014. 

22 INFORMATION TECHNOLOGY SYSTEMS

23 (INCLUDING TRANSFER OF FUNDS)

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1 mental information systems and operational information 

2 systems; for pay and associated costs; and for the capital 

3 asset acquisition of information technology systems, includ4 ing management and related contractual costs of said ac5 quisitions, including contractual costs associated with oper6 ations authorized by section 3109 of title 5, United States 

7 Code, $3,327,444,000, plus reimbursements: Provided, That 

8 $1,021,000,000 shall be for pay and associated costs, of 

9 which not to exceed $30,630,000 shall remain available 

10 until September 30, 2014: Provided further, That 

11 $1,812,045,000 shall be for operations and maintenance, of 

12 which not to exceed $126,000,000 shall remain available 

13 until September 30, 2014: Provided further, That 

14 $494,399,000 shall be for information technology systems 

15 development, modernization, and enhancement, and shall 

16 remain available until September 30, 2014: Provided fur17 ther, That amounts made available for information tech18 nology systems development, modernization, and enhance19 ment may not be obligated or expended until the Secretary 

20 of Veterans Affairs or the Chief Information Officer of the 

21 Department of Veterans Affairs submits to the Committees 

22 on Appropriations of both Houses of Congress a certifi23 cation of the amounts, in parts or in full, to be obligated 

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1 penses, operations and maintenance, and information tech2 nology systems development, modernization, and enhance3 ment may be transferred among the three sub-accounts after 

4 the Secretary of Veterans Affairs requests from the Commit5 tees on Appropriations of both Houses of Congress the au6 thority to make the transfer and an approval is issued: Pro7 vided further, That amounts made available for the ‘‘Infor8 mation technology systems’’ account for development, mod9 ernization, and enhancement may be transferred between 

10 projects or to newly defined projects: Provided further, That 

11 no project may be increased or decreased by more than 

12 $1,000,000 of cost prior to submitting a request to the Com13 mittees on Appropriations of both Houses of Congress to 

14 make the transfer and an approval is issued, or absent a 

15 response, a period of 30 days has elapsed: Provided further, 

16 That of the funds provided for information technology sys17 tems development, modernization, and enhancement for the 

18 development of a joint Department of Defense—Department 

19 of Veterans Affairs (DOD–VA) integrated electronic health 

20 record (iEHR), not more than 25 percent may be obligated 

21 until the DOD–VA Interagency Program Office submits to 

22 the Committees on Appropriations of both Houses of Con23 gress, and such Committees approve, a plan for expenditure 

24 that: (1) defines the budget and cost baseline for develop25 ment of the integrated Electronic Health Record; (2) identiVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00748 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 fies the deployment timeline for the system for both Agen2 cies; (3) breaks out annual and total spending for each De3 partment; (4) relays detailed cost-sharing business rules; (5) 

4 establishes data standardization schedules between the De5 partments; (6) has been submitted to the Government Ac6 countability Office for review; and (7) complies with the 

7 acquisition rules, requirements, guidelines, and systems ac8 quisition management practices of the Federal Government: 

9 Provided further, That the funds made available under this 

10 heading for information technology systems development, 

11 modernization, and enhancement, shall be for the projects, 

12 and in the amounts, specified under this heading in the 

13 explanatory statement described in section 4 (in the matter 

14 preceding division A of this consolidated Act). 

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector Gen17 eral, to include information technology, in carrying out the 

18 provisions of the Inspector General Act of 1978 (5 U.S.C. 

19 App.), $115,000,000, of which $6,000,000 shall remain 

20 available until September 30, 2014. 

21 CONSTRUCTION, MAJOR PROJECTS

22 For constructing, altering, extending, and improving 

23 any of the facilities, including parking projects, under the 

24 jurisdiction or for the use of the Department of Veterans 

25 Affairs, or for any of the purposes set forth in sections 316, 


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1 2404, 2406, and chapter 81 of title 38, United States Code, 

2 not otherwise provided for, including planning, architec3 tural and engineering services, construction management 

4 services, maintenance or guarantee period services costs as5 sociated with equipment guarantees provided under the 

6 project, services of claims analysts, offsite utility and storm 

7 drainage system construction costs, and site acquisition, 

8 where the estimated cost of a project is more than the 

9 amount set forth in section 8104(a)(3)(A) of title 38, United 

10 States Code, or where funds for a project were made avail11 able in a previous major project appropriation, 

12 $532,470,000, of which $502,470,000 shall remain available 

13 until September 30, 2017, and of which $30,000,000 shall 

14 remain available until expended: Provided, That 

15 $5,000,000 shall be to make reimbursements as provided in 

16 section 7108 of title 41, United States Code, for claims paid 

17 for contract disputes: Provided further, That except for ad18 vance planning activities, including needs assessments 

19 which may or may not lead to capital investments, and 

20 other capital asset management related activities, including 

21 portfolio development and management activities, and in22 vestment strategy studies funded through the advance plan23 ning fund and the planning and design activities funded 

24 through the design fund, including needs assessments which 

25 may or may not lead to capital investments, and salaries 


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1 and associated costs of the resident engineers who oversee 

2 those capital investments funded through this account, and 

3 funds provided for the purchase of land for the National 

4 Cemetery Administration through the land acquisition line 

5 item, none of the funds made available under this heading 

6 shall be used for any project which has not been approved 

7 by the Congress in the budgetary process: Provided further, 

8 That funds made available under this heading for fiscal 

9 year 2013, for each approved project shall be obligated: (1) 

10 by the awarding of a construction documents contract by 

11 September 30, 2013; and (2) by the awarding of a construc12 tion contract by September 30, 2014: Provided further, That 

13 the Secretary of Veterans Affairs shall promptly submit to 

14 the Committees on Appropriations of both Houses of Con15 gress a written report on any approved major construction 

16 project for which obligations are not incurred within the 

17 time limitations established above. 

18 CONSTRUCTION, MINOR PROJECTS

19 For constructing, altering, extending, and improving 

20 any of the facilities, including parking projects, under the 

21 jurisdiction or for the use of the Department of Veterans 

22 Affairs, including planning and assessments of needs which 

23 may lead to capital investments, architectural and engi24 neering services, maintenance or guarantee period services 

25 costs associated with equipment guarantees provided under 


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1 the project, services of claims analysts, offsite utility and 

2 storm drainage system construction costs, and site acquisi3 tion, or for any of the purposes set forth in sections 316, 

4 2404, 2406, and chapter 81 of title 38, United States Code, 

5 not otherwise provided for, where the estimated cost of a 

6 project is equal to or less than the amount set forth in sec7 tion 8104(a)(3)(A) of title 38, United States Code, 

8 $607,530,000, to remain available until September 30, 

9 2017, along with unobligated balances of previous ‘‘Con10 struction, minor projects’’ appropriations which are hereby 

11 made available for any project where the estimated cost is 

12 equal to or less than the amount set forth in such section: 

13 Provided, That funds made available under this heading 

14 shall be for: (1) repairs to any of the nonmedical facilities 

15 under the jurisdiction or for the use of the Department 

16 which are necessary because of loss or damage caused by 

17 any natural disaster or catastrophe; and (2) temporary 

18 measures necessary to prevent or to minimize further loss 

19 by such causes. 

20 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

21 FACILITIES

22 For grants to assist States to acquire or construct 

23 State nursing home and domiciliary facilities and to re24 model, modify, or alter existing hospital, nursing home, and 

25 domiciliary facilities in State homes, for furnishing care 


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1 to veterans as authorized by sections 8131 through 8137 of 

2 title 38, United States Code, $85,000,000, to remain avail3 able until expended. 

4 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

5 For grants to assist States and tribal governments in 

6 establishing, expanding, or improving veterans cemeteries 

7 as authorized by section 2408 of title 38, United States 

8 Code, $46,000,000, to remain available until expended. 

9 ADMINISTRATIVE PROVISIONS

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 201. Any appropriation for fiscal year 2013 for 

12 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

13 and ‘‘Veterans insurance and indemnities’’ may be trans14 ferred as necessary to any other of the mentioned appro15 priations: Provided, That before a transfer may take place, 

16 the Secretary of Veterans Affairs shall request from the 

17 Committees on Appropriations of both Houses of Congress 

18 the authority to make the transfer and such Committees 

19 issue an approval, or absent a response, a period of 30 days 

20 has elapsed. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 202. Amounts made available for the Department 

23 of Veterans Affairs for fiscal year 2013, in this Act or any 

24 other Act, under the ‘‘Medical services’’, ‘‘Medical support 

25 and compliance’’, and ‘‘Medical facilities’’ accounts may be 


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1 transferred among the accounts: Provided, That any trans2 fers between the ‘‘Medical services’’ and ‘‘Medical support 

3 and compliance’’ accounts of 1 percent or less of the total 

4 amount appropriated to the account in this or any other 

5 Act may take place subject to notification from the Sec6 retary of Veterans Affairs to the Committees on Appropria7 tions of both Houses of Congress of the amount and purpose 

8 of the transfer: Provided further, That any transfers be9 tween the ‘‘Medical services’’ and ‘‘Medical support and 

10 compliance’’ accounts in excess of 1 percent, or exceeding 

11 the cumulative 1 percent for the fiscal year, may take place 

12 only after the Secretary requests from the Committees on 

13 Appropriations of both Houses of Congress the authority to 

14 make the transfer and an approval is issued: Provided fur15 ther, That any transfers to or from the ‘‘Medical facilities’’ 

16 account may take place only after the Secretary requests 

17 from the Committees on Appropriations of both Houses of 

18 Congress the authority to make the transfer and an ap19 proval is issued. 

20 SEC. 203. Appropriations available in this title for sal21 aries and expenses shall be available for services authorized 

22 by section 3109 of title 5, United States Code; hire of pas23 senger motor vehicles; lease of a facility or land or both; 

24 and uniforms or allowances therefore, as authorized by sec25 tions 5901 through 5902 of title 5, United States Code. 


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1 SEC. 204. No appropriations in this title (except the 

2 appropriations for ‘‘Construction, major projects’’, and 

3 ‘‘Construction, minor projects’’) shall be available for the 

4 purchase of any site for or toward the construction of any 

5 new hospital or home. 

6 SEC. 205. No appropriations in this title shall be 

7 available for hospitalization or examination of any persons 

8 (except beneficiaries entitled to such hospitalization or ex9 amination under the laws providing such benefits to vet10 erans, and persons receiving such treatment under sections 

11 7901 through 7904 of title 5, United States Code, or the 

12 Robert T. Stafford Disaster Relief and Emergency Assist13 ance Act (42 U.S.C. 5121 et seq.)), unless reimbursement 

14 of the cost of such hospitalization or examination is made 

15 to the ‘‘Medical services’’ account at such rates as may be 

16 fixed by the Secretary of Veterans Affairs. 

17 SEC. 206. Appropriations available in this title for 

18 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

19 and ‘‘Veterans insurance and indemnities’’ shall be avail20 able for payment of prior year accrued obligations required 

21 to be recorded by law against the corresponding prior year 

22 accounts within the last quarter of fiscal year 2012. 

23 SEC. 207. Appropriations available in this title shall 

24 be available to pay prior year obligations of corresponding 

25 prior year appropriations accounts resulting from sections 


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1 3328(a), 3334, and 3712(a) of title 31, United States Code, 

2 except that if such obligations are from trust fund accounts 

3 they shall be payable only from ‘‘Compensation and pen4 sions’’. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 208. Notwithstanding any other provision of law, 

7 during fiscal year 2013, the Secretary of Veterans Affairs 

8 shall, from the National Service Life Insurance Fund under 

9 section 1920 of title 38, United States Code, the Veterans’ 

10 Special Life Insurance Fund under section 1923 of title 38, 

11 United States Code, and the United States Government Life 

12 Insurance Fund under section 1955 of title 38, United 

13 States Code, reimburse the ‘‘General operating expenses, 

14 Veterans Benefits Administration’’ and ‘‘Information tech15 nology systems’’ accounts for the cost of administration of 

16 the insurance programs financed through those accounts: 

17 Provided, That reimbursement shall be made only from the 

18 surplus earnings accumulated in such an insurance pro19 gram during fiscal year 2013 that are available for divi20 dends in that program after claims have been paid and ac21 tuarially determined reserves have been set aside: Provided 

22 further, That if the cost of administration of such an insur23 ance program exceeds the amount of surplus earnings accu24 mulated in that program, reimbursement shall be made 

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1 ther, That the Secretary shall determine the cost of adminis2 tration for fiscal year 2013 which is properly allocable to 

3 the provision of each such insurance program and to the 

4 provision of any total disability income insurance included 

5 in that insurance program. 

6 SEC. 209. Amounts deducted from enhanced-use lease 

7 proceeds to reimburse an account for expenses incurred by 

8 that account during a prior fiscal year for providing en9 hanced-use lease services, may be obligated during the fiscal 

10 year in which the proceeds are received. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 210. Funds available in this title or funds for 

13 salaries and other administrative expenses shall also be 

14 available to reimburse the Office of Resolution Management 

15 of the Department of Veterans Affairs and the Office of Em16 ployment Discrimination Complaint Adjudication under 

17 section 319 of title 38, United States Code, for all services 

18 provided at rates which will recover actual costs but not 

19 to exceed $42,904,000 for the Office of Resolution Manage20 ment and $3,360,000 for the Office of Employment and Dis21 crimination Complaint Adjudication: Provided, That pay22 ments may be made in advance for services to be furnished 

23 based on estimated costs: Provided further, That amounts 

24 received shall be credited to the ‘‘General administration’’ 


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1 and ‘‘Information technology systems’’ accounts for use by 

2 the office that provided the service. 

3 SEC. 211. No appropriations in this title shall be 

4 available to enter into any new lease of real property if 

5 the estimated annual rental cost is more than $1,000,000, 

6 unless the Secretary submits a report which the Committees 

7 on Appropriations of both Houses of Congress approve with8 in 30 days following the date on which the report is re9 ceived. 

10 SEC. 212. No funds of the Department of Veterans Af11 fairs shall be available for hospital care, nursing home care, 

12 or medical services provided to any person under chapter 

13 17 of title 38, United States Code, for a non-service-con14 nected disability described in section 1729(a)(2) of such 

15 title, unless that person has disclosed to the Secretary of 

16 Veterans Affairs, in such form as the Secretary may require, 

17 current, accurate third-party reimbursement information 

18 for purposes of section 1729 of such title: Provided, That 

19 the Secretary may recover, in the same manner as any other 

20 debt due the United States, the reasonable charges for such 

21 care or services from any person who does not make such 

22 disclosure as required: Provided further, That any amounts 

23 so recovered for care or services provided in a prior fiscal 

24 year may be obligated by the Secretary during the fiscal 

25 year in which amounts are received. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 213. Notwithstanding any other provision of law, 

3 proceeds or revenues derived from enhanced-use leasing ac4 tivities (including disposal) may be deposited into the 

5 ‘‘Construction, major projects’’ and ‘‘Construction, minor 

6 projects’’ accounts and be used for construction (including 

7 site acquisition and disposition), alterations, and improve8 ments of any medical facility under the jurisdiction or for 

9 the use of the Department of Veterans Affairs. Such sums 

10 as realized are in addition to the amount provided for in 

11 ‘‘Construction, major projects’’ and ‘‘Construction, minor 

12 projects’’. 

13 SEC. 214. Amounts made available under ‘‘Medical 

14 services’’ are available— 

15 (1) for furnishing recreational facilities, sup16 plies, and equipment; and 

17 (2) for funeral expenses, burial expenses, and 

18 other expenses incidental to funerals and burials for 

19 beneficiaries receiving care in the Department. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 215. Such sums as may be deposited to the Med22 ical Care Collections Fund pursuant to section 1729A of 

23 title 38, United States Code, may be transferred to ‘‘Medical 

24 services’’, to remain available until expended for the pur25 poses of that account. 


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1 SEC. 216. The Secretary of Veterans Affairs may enter 

2 into agreements with Indian tribes and tribal organizations 

3 which are party to the Alaska Native Health Compact with 

4 the Indian Health Service, and Indian tribes and tribal 

5 organizations serving rural Alaska which have entered into 

6 contracts with the Indian Health Service under the Indian 

7 Self Determination and Educational Assistance Act, to pro8 vide healthcare, including behavioral health and dental 

9 care. The Secretary shall require participating veterans and 

10 facilities to comply with all appropriate rules and regula11 tions, as established by the Secretary. The term ‘‘rural Alas12 ka’’ shall mean those lands sited within the external bound13 aries of the Alaska Native regions specified in sections 

14 7(a)(1)–(4) and (7)–(12) of the Alaska Native Claims Set15 tlement Act, as amended (43 U.S.C. 1606), and those lands 

16 within the Alaska Native regions specified in sections 

17 7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement 

18 Act, as amended (43 U.S.C. 1606), which are not within 

19 the boundaries of the municipality of Anchorage, the Fair20 banks North Star Borough, the Kenai Peninsula Borough 

21 or the Matanuska Susitna Borough. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 217. Such sums as may be deposited to the De24 partment of Veterans Affairs Capital Asset Fund pursuant 

25 to section 8118 of title 38, United States Code, may be 


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1 transferred to the ‘‘Construction, major projects’’ and ‘‘Con2 struction, minor projects’’ accounts, to remain available 

3 until expended for the purposes of these accounts. 

4 SEC. 218. None of the funds made available in this 

5 title may be used to implement any policy prohibiting the 

6 Directors of the Veterans Integrated Services Networks from 

7 conducting outreach or marketing to enroll new veterans 

8 within their respective Networks. 

9 SEC. 219. The Secretary of Veterans Affairs shall sub10 mit to the Committees on Appropriations of both Houses 

11 of Congress a quarterly report on the financial status of 

12 the Veterans Health Administration. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 220. Amounts made available under the ‘‘Medical 

15 services’’, ‘‘Medical support and compliance’’, ‘‘Medical fa16 cilities’’, ‘‘General operating expenses, Veterans Benefits 

17 Administration’’, ‘‘General administration’’, and ‘‘Na18 tional Cemetery Administration’’ accounts for fiscal year 

19 2013, may be transferred to or from the ‘‘Information tech20 nology systems’’ account: Provided, That before a transfer 

21 may take place, the Secretary of Veterans Affairs shall re22 quest from the Committees on Appropriations of both 

23 Houses of Congress the authority to make the transfer and 

24 an approval is issued. 


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1 SEC. 221. None of the funds appropriated or otherwise 

2 made available by this Act or any other Act for the Depart3 ment of Veterans Affairs may be used in a manner that 

4 is inconsistent with: (1) section 842 of the Transportation, 

5 Treasury, Housing and Urban Development, the Judiciary, 

6 the District of Columbia, and Independent Agencies Appro7 priations Act, 2006 (Public Law 109–115; 119 Stat. 2506); 

8 or (2) section 8110(a)(5) of title 38, United States Code. 

9 SEC. 222. Of the amounts made available to the De10 partment of Veterans Affairs for fiscal year 2013, in this 

11 Act or any other Act, under the ‘‘Medical facilities’’ account 

12 for nonrecurring maintenance, not more than 20 percent 

13 of the funds made available shall be obligated during the 

14 last 2 months of that fiscal year: Provided, That the Sec15 retary may waive this requirement after providing written 

16 notice to the Committees on Appropriations of both Houses 

17 of Congress. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 223. Of the amounts appropriated to the Depart20 ment of Veterans Affairs for fiscal year 2013 for ‘‘Medical 

21 services’’, ‘‘Medical support and compliance’’, ‘‘Medical fa22 cilities’’, ‘‘Construction, minor projects’’, and ‘‘Information 

23 technology systems’’, up to $247,356,000, plus reimburse24 ments, may be transferred to the Joint Department of De25 fense-Department of Veterans Affairs Medical Facility 


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1 Demonstration Fund, established by section 1704 of the Na2 tional Defense Authorization Act for Fiscal Year 2010 (Pub3 lic Law 111–84; 123 Stat. 3571) and may be used for oper4 ation of the facilities designated as combined Federal med5 ical facilities as described by section 706 of the Duncan 

6 Hunter National Defense Authorization Act for Fiscal Year 

7 2009 (Public Law 110–417; 122 Stat. 4500): Provided, 

8 That additional funds may be transferred from accounts 

9 designated in this section to the Joint Department of De10 fense-Department of Veterans Affairs Medical Facility 

11 Demonstration Fund upon written notification by the Sec12 retary of Veterans Affairs to the Committees on Appropria13 tions of both Houses of Congress. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 224. Such sums as may be deposited to the Med16 ical Care Collections Fund pursuant to section 1729A of 

17 title 38, United States Code, for healthcare provided at fa18 cilities designated as combined Federal medical facilities as 

19 described by section 706 of the Duncan Hunter National 

20 Defense Authorization Act for Fiscal Year 2009 (Public 

21 Law 110–417; 122 Stat. 4500) shall also be available: (1) 

22 for transfer to the Joint Department of Defense-Department 

23 of Veterans Affairs Medical Facility Demonstration Fund, 

24 established by section 1704 of the National Defense Author25 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 


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1 Stat. 3571); and (2) for operations of the facilities des2 ignated as combined Federal medical facilities as described 

3 by section 706 of the Duncan Hunter National Defense Au4 thorization Act for Fiscal Year 2009 (Public Law 110–417; 

5 122 Stat. 4500). 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 225. Of the amounts available in this title for 

8 ‘‘Medical services’’, ‘‘Medical support and compliance’’, and 

9 ‘‘Medical facilities’’, a minimum of $15,000,000, shall be 

10 transferred to the DOD–VA Health Care Sharing Incentive 

11 Fund, as authorized by section 8111(d) of title 38, United 

12 States Code, to remain available until expended, for any 

13 purpose authorized by section 8111 of title 38, United 

14 States Code. 

15 (INCLUDING RESCISSIONS OF FUNDS)

16 SEC. 226. (a) Of the funds appropriated in title II 

17 of division H of Public Law 112–74, the following amounts 

18 which became available on October 1, 2012, are hereby re19 scinded from the following accounts in the amounts speci20 fied: 

21 (1) ‘‘Department of Veterans Affairs, Medical 

22 services’’, $1,500,000,000. 

23 (2) ‘‘Department of Veterans Affairs, Medical 

24 support and compliance’’, $200,000,000. 


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1 (3) ‘‘Department of Veterans Affairs, Medical fa2 cilities’’, $250,000,000. 

3 (b) In addition to amounts provided elsewhere in this 

4 Act, an additional amount is appropriated to the following 

5 accounts in the amounts specified to remain available until 

6 September 30, 2014: 

7 (1) ‘‘Department of Veterans Affairs, Medical serv8 ices’’, $1,500,000,000. 

9 (2) ‘‘Department of Veterans Affairs, Medical support 

10 and compliance’’, $200,000,000. 

11 (3) ‘‘Department of Veterans Affairs, Medical facili12 ties’’, $250,000,000. 

13 SEC. 227. The Secretary of the Department of Veterans 

14 Affairs shall notify the Committees on Appropriations of 

15 both Houses of Congress of all bid savings in major con16 struction projects that total at least $5,000,000, or 5 percent 

17 of the programmed amount of the project, whichever is less: 

18 Provided, That such notification shall occur within 14 days 

19 of a contract identifying the programmed amount: Provided 

20 further, That the Secretary shall notify the Committees on 

21 Appropriations of both Houses of Congress 14 days prior 

22 to the obligation of such bid savings and shall describe the 

23 anticipated use of such savings. 

24 SEC. 228. The scope of work for a project included in 

25 ‘‘Construction, major projects’’ may not be increased above 


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1 the scope specified for that project in the original justifica2 tion data provided to the Congress as part of the request 

3 for appropriations. 

4 SEC. 229. The Secretary of the Department of Veterans 

5 Affairs shall provide on a quarterly basis to the Committees 

6 on Appropriations of both Houses of Congress notification 

7 of any single national outreach and awareness marketing 

8 campaign in which obligations exceed $2,000,000. 

9 SEC. 230. The Secretary shall submit to the Commit10 tees on Appropriations of both Houses of Congress a re11 programming request if at any point during fiscal year 

12 2013, the funding allocated for a medical care initiative 

13 identified in the fiscal year 2013 expenditure plan is ad14 justed by more than $25,000,000 from the allocation shown 

15 in the corresponding congressional budget justification. 

16 Such a reprogramming request may go forward only if the 

17 Committees on Appropriations of both Houses of Congress 

18 approve the request or if a period of 14 days has elapsed. 

19 SEC. 231. None of the funds made available in this 

20 Act may be used to enter into a contract using procedures 

21 that do not give to small business concerns owned and con22 trolled by veterans (as that term is defined in section 

23 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)) that 

24 are included in the database under section 8127(f) of title 

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1 spect to such contract, except for a preference given to small 

2 business concerns owned and controlled by service-disabled 

3 veterans (as defined in section 3(q)(2) of the Small Business 

4 Act (15 U.S.C. 632(q)(2)). 

5 SEC. 232. Funds made available under the heading 

6 ‘‘Medical services’’ in title II of division H of Public Law 

7 112–74 may be used to carry out section 1787 of title 38, 

8 United States Code. 

9 TITLE III 

10 RELATED AGENCIES 

11 AMERICAN BATTLE MONUMENTS COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses, not otherwise provided for, of 

14 the American Battle Monuments Commission, including the 

15 acquisition of land or interest in land in foreign countries; 

16 purchases and repair of uniforms for caretakers of national 

17 cemeteries and monuments outside of the United States and 

18 its territories and possessions; rent of office and garage 

19 space in foreign countries; purchase (one-for-one replace20 ment basis only) and hire of passenger motor vehicles; not 

21 to exceed $7,500 for official reception and representation 

22 expenses; and insurance of official motor vehicles in foreign 

23 countries, when required by law of such countries, 

24 $62,929,000, to remain available until expended. 


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1 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

2 For necessary expenses, not otherwise provided for, of 

3 the American Battle Monuments Commission, such sums as 

4 may be necessary, to remain available until expended, for 

5 purposes authorized by section 2109 of title 36, United 

6 States Code. 

7 UNITED STATES COURT OF APPEALS FOR VETERANS

8 CLAIMS

9 SALARIES AND EXPENSES

10 For necessary expenses for the operation of the United 

11 States Court of Appeals for Veterans Claims as authorized 

12 by sections 7251 through 7298 of title 38, United States 

13 Code, $32,481,000: Provided, That $2,726,000 shall be 

14 available for the purpose of providing financial assistance 

15 as described, and in accordance with the process and report16 ing procedures set forth, under this heading in Public Law 

17 102–229. 

18 DEPARTMENT OF DEFENSE—CIVIL

19 CEMETERIAL EXPENSES, ARMY

20 SALARIES AND EXPENSES

21 For necessary expenses for maintenance, operation, 

22 and improvement of Arlington National Cemetery and Sol23 diers’ and Airmen’s Home National Cemetery, including 

24 the purchase or lease of passenger motor vehicles for replace25 ment on a one-for-one basis only, and not to exceed $1,000 


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1 for official reception and representation expenses, 

2 $65,800,000, of which not to exceed $27,000,000 shall re3 main available until September 30, 2015. In addition, such 

4 sums as may be necessary for parking maintenance, repairs 

5 and replacement, to be derived from the ‘‘Lease of Depart6 ment of Defense Real Property for Defense Agencies’’ ac7 count. 

8 CONSTRUCTION

9 For necessary expenses for planning and design and 

10 construction at Arlington National Cemetery and Soldiers’ 

11 and Airmen’s Home National Cemetery, $103,000,000, to 

12 remain available until September 30, 2017, of which, 

13 $84,000,000 shall be for planning and design and construc14 tion associated with the Millennium Project at Arlington 

15 National Cemetery; and $19,000,000 shall be for study, 

16 planning, design, and architect and engineer services for 

17 future expansion of burial space at Arlington National 

18 Cemetery. 

19 ARMED FORCES RETIREMENT HOME

20 TRUST FUND

21 For expenses necessary for the Armed Forces Retire22 ment Home to operate and maintain the Armed Forces Re23 tirement Home—Washington, District of Columbia, and the 

24 Armed Forces Retirement Home—Gulfport, Mississippi, to 

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1 ment Home Trust Fund, $67,590,000, of which $2,000,000 

2 shall remain available until expended for construction and 

3 renovation of the physical plants at the Armed Forces Re4 tirement Home—Washington, District of Columbia, and the 

5 Armed Forces Retirement Home—Gulfport, Mississippi. 

6 ADMINISTRATIVE PROVISION

7 SEC. 301. Funds appropriated in this Act under the 

8 heading, ‘‘Department of Defense—Civil, Cemeterial Ex9 penses, Army’’, may be provided to Arlington County, Vir10 ginia, for the relocation of the federally owned water main 

11 at Arlington National Cemetery, making additional land 

12 available for ground burials. 

13 TITLE IV 

14 OVERSEAS CONTINGENCY OPERATIONS 

15 DEPARTMENT OF DEFENSE

16 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

17 For an additional amount for ‘‘Military Construction, 

18 Navy and Marine Corps’’, $150,768,000, to remain avail19 able until September 30, 2013: Provided, That such amount 

20 is designated by the Congress for Overseas Contingency Op21 erations/Global War on Terrorism pursuant to section 

22 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 


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1 ADMINISTRATIVE PROVISION

2 (INCLUDING RESCISSION OF FUNDS)

3 SEC. 401. Of the unobligated balances in section 2005 

4 in title X, of Public Law 112–10 and division H in title 

5 IV of Public Law 112–74, $150,768,000 are hereby re6 scinded: Provided, That such amount is designated by the 

7 Congress for Overseas Contingency Operations/Global War 

8 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

9 Balanced Budget and Emergency Deficit Control Act of 

10 1985. 

11 TITLE V 

12 GENERAL PROVISIONS 

13 SEC. 501. No part of any appropriation contained in 

14 this Act shall remain available for obligation beyond the 

15 current fiscal year unless expressly so provided herein. 

16 SEC. 502. None of the funds made available in this 

17 Act may be used for any program, project, or activity, when 

18 it is made known to the Federal entity or official to which 

19 the funds are made available that the program, project, or 

20 activity is not in compliance with any Federal law relating 

21 to risk assessment, the protection of private property rights, 

22 or unfunded mandates. 

23 SEC. 503. No part of any funds appropriated in this 

24 Act shall be used by an agency of the executive branch, other 

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1 tionships, for publicity or propaganda purposes, and for 

2 the preparation, distribution, or use of any kit, pamphlet, 

3 booklet, publication, radio, television, or film presentation 

4 designed to support or defeat legislation pending before 

5 Congress, except in presentation to Congress itself. 

6 SEC. 504. All departments and agencies funded under 

7 this Act are encouraged, within the limits of the existing 

8 statutory authorities and funding, to expand their use of 

9 ‘‘E-Commerce’’ technologies and procedures in the conduct 

10 of their business practices and public service activities. 

11 SEC. 505. Unless stated otherwise, all reports and noti12 fications required by this Act shall be submitted to the Sub13 committee on Military Construction and Veterans Affairs, 

14 and Related Agencies of the Committee on Appropriations 

15 of the House of Representatives and the Subcommittee on 

16 Military Construction and Veterans Affairs, and Related 

17 Agencies of the Committee on Appropriations of the Senate. 

18 SEC. 506. None of the funds made available in this 

19 Act may be transferred to any department, agency, or in20 strumentality of the United States Government except pur21 suant to a transfer made by, or transfer authority provided 

22 in, this or any other appropriations Act. 

23 SEC. 507. None of the funds made available in this 

24 Act may be used for a project or program named for an 


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1 individual serving as a Member, Delegate, or Resident Com2 missioner of the United States House of Representatives. 

3 SEC. 508. (a) Any agency receiving funds made avail4 able in this Act, shall, subject to subsections (b) and (c), 

5 post on the public website of that agency any report re6 quired to be submitted by the Congress in this or any other 

7 Act, upon the determination by the head of the agency that 

8 it shall serve the national interest. 

9 (b) Subsection (a) shall not apply to a report if— 

10 (1) the public posting of the report compromises 

11 national security; or 

12 (2) the report contains confidential or propri13 etary information. 

14 (c) The head of the agency posting such report shall 

15 do so only after such report has been made available to the 

16 requesting Committee or Committees of Congress for no less 

17 than 45 days. 

18 SEC. 509. (a) None of the funds made available in this 

19 Act may be used to maintain or establish a computer net20 work unless such network blocks the viewing, downloading, 

21 and exchanging of pornography. 

22 (b) Nothing in subsection (a) shall limit the use of 

23 funds necessary for any Federal, State, tribal, or local law 

24 enforcement agency or any other entity carrying out crimi25 nal investigations, prosecution, or adjudication activities. 


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1 SEC. 510. None of the funds made available in this 

2 Act may be distributed to the Association of Community 

3 Organizations for Reform Now (ACORN) or its subsidiaries 

4 or successors. 

5 SEC. 511. (a) IN GENERAL.—None of the funds appro6 priated or otherwise made available to the Department of 

7 Defense in this Act may be used to construct, renovate, or 

8 expand any facility in the United States, its territories, or 

9 possessions to house any individual detained at United 

10 States Naval Station, Guantanamo Bay, Cuba, for the pur11 poses of detention or imprisonment in the custody or under 

12 the control of the Department of Defense. 

13 (b) The prohibition in subsection (a) shall not apply 

14 to any modification of facilities at United States Naval 

15 Station, Guantanamo Bay, Cuba. 

16 (c) An individual described in this subsection is any 

17 individual who, as of June 24, 2009, is located at United 

18 States Naval Station, Guantanamo Bay, Cuba, and who— 

19 (1) is not a citizen of the United States or a 

20 member of the Armed Forces of the United States; and 

21 (2) is— 

22 (A) in the custody or under the effective 

23 control of the Department of Defense; or 

24 (B) otherwise under detention at United 

25 States Naval Station, Guantanamo Bay, Cuba. 


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1 SEC. 512. None of the funds appropriated or otherwise 

2 made available in this Act may be used by an agency of 

3 the executive branch to pay for first-class travel by an em4 ployee of the agency in contravention of sections 301–10.122 

5 through 301–10.124 of title 41, Code of Federal Regulations. 

6 SEC. 513. None of the funds provided in this Act may 

7 be used to execute a contract for goods or services, including 

8 construction services, where the contractor has not complied 

9 with Executive Order No. 12989. 

10 SEC. 514. None of the funds made available by this 

11 Act may be used to enter into a contract, memorandum of 

12 understanding, or cooperative agreement with, make a 

13 grant to, or provide a loan or loan guarantee to, any cor14 poration that was convicted of a felony criminal violation 

15 under any Federal law within the preceding 24 months, 

16 where the awarding agency is aware of the conviction, un17 less the agency has considered suspension or debarment of 

18 the corporation and made a determination that this further 

19 action is not necessary to protect the interests of the Govern20 ment. 

21 SEC. 515. None of the funds made available by this 

22 Act may be used to enter into a contract, memorandum of 

23 understanding, or cooperative agreement with, make a 

24 grant to, or provide a loan or loan guarantee to, any cor25 poration that has any unpaid Federal tax liability that has 


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1 been assessed, for which all judicial and administrative 

2 remedies have been exhausted or have lapsed, and that is 

3 not being paid in a timely manner pursuant to an agree4 ment with the authority responsible for collecting the tax 

5 liability, where the awarding agency is aware of the unpaid 

6 tax liability, unless the agency has considered suspension 

7 or debarment of the corporation and made a determination 

8 that this further action is not necessary to protect the inter9 ests of the Government. 

10 SEC. 516. Such sums as may be necessary for fiscal 

11 year 2013 for pay raises for programs funded by this Act 

12 shall be absorbed within the levels appropriated in this Act. 

13 SEC. 517. None of the funds made available in this 

14 Act may be used to send or otherwise pay for the attendance 

15 of more than 50 employees from a Federal department or 

16 agency that are stationed within the United States at any 

17 single conference occurring outside a state of the United 

18 States, except for employees of the Department of Veterans 

19 Affairs stationed in the Philippines, unless the relevant Sec20 retary reports to the Committees on Appropriations of both 

21 Houses of Congress at least 5 days in advance that such 

22 attendance is important to the national interest. 

23 This division may be cited as the ‘‘Military Construc24 tion and Veterans Affairs, and Related Agencies Appropria25 tions Act, 2013’’. 


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1 DIVISION F—FURTHER CONTINUING 

2 APPROPRIATIONS ACT, 2013 

3 The following sums are hereby appropriated, out of 

4 any money in the Treasury not otherwise appropriated, 

5 and out of applicable corporate or other revenues, receipts, 

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for fis8 cal year 2013, and for other purposes, namely: 

9 TITLE I 

10 GENERAL PROVISIONS 

11 SEC. 1101. (a) Such amounts as may be necessary, at 

12 the level specified in subsection (c) and under the authority 

13 and conditions provided in applicable appropriations Acts 

14 for fiscal year 2012, for projects or activities (including the 

15 costs of direct loans and loan guarantees) that are not other16 wise specifically provided for, and for which appropria17 tions, funds, or other authority were made available in the 

18 following appropriations Acts: 

19 (1) The Energy and Water Development and Re20 lated Agencies Appropriations Act, 2012 (division B 

21 of Public Law 112–74). 

22 (2) The Financial Services and General Govern23 ment Appropriations Act, 2012 (division C of Public 

24 Law 112–74). 


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1 (3) The Department of the Interior, Environ2 ment, and Related Agencies Appropriations Act, 2012 

3 (division E of Public Law 112–74). 

4 (4) The Departments of Labor, Health and 

5 Human Services, and Education, and Related Agen6 cies Appropriations Act, 2012 (division F of Public 

7 Law 112–74). 

8 (5) The Legislative Branch Appropriations Act, 

9 2012 (division G of Public Law 112–74). 

10 (6) The Department of State, Foreign Oper11 ations, and Related Programs Appropriations Act, 

12 2012 (division I of Public Law 112–74). 

13 (7) The Transportation, Housing and Urban De14 velopment, and Related Agencies Appropriations Act, 

15 2012 (division C of Public Law 112–55), except for 

16 the appropriations designated by the Congress as 

17 being for disaster relief under the heading ‘‘Depart18 ment of Transportation, Federal Highway Adminis19 tration, Emergency Relief’’ and in the last proviso of 

20 section 239 of such Act. 

21 (8) The Disaster Relief Appropriations Act, 2012 

22 (Public Law 112–77), except for appropriations 

23 under the heading ‘‘Corps of Engineers—Civil’’. 

24 (b) For purposes of this division, the term ‘‘level’’ 

25 means an amount. 


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1 (c) The level referred to in subsection (a) shall be the 

2 amounts appropriated in the appropriations Acts referred 

3 to in such subsection, including transfers and obligation 

4 limitations, except that such level shall be calculated with5 out regard to any rescission or cancellation of funds or con6 tract authority, other than— 

7 (1) the 0.16 percent across-the-board rescission 

8 in section 436 of division E of Public Law 112–74 

9 (relating to the Department of the Interior, Environ10 ment, and Related Agencies); and 

11 (2) the 0.189 percent across-the-board rescission 

12 in section 527 of division F of Public Law 112–74, 

13 (relating to the Departments of Labor, Health and 

14 Human Services, and Education, and Related Agen15 cies). 

16 SEC. 1102. Appropriations made by section 1101 shall 

17 be available to the extent and in the manner that would 

18 be provided by the pertinent appropriations Act. 

19 SEC. 1103. Appropriations provided by this division 

20 that, in the applicable appropriations Act for fiscal year 

21 2012, carried a multiple-year or no-year period of avail22 ability shall retain a comparable period of availability. 

23 SEC. 1104. No appropriation or funds made available 

24 or authority granted pursuant to section 1101 shall be used 

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1 propriations, funds, or other authority were not available 

2 during fiscal year 2012. 

3 SEC. 1105. Except as otherwise expressly provided in 

4 this division, the requirements, authorities, conditions, lim5 itations, and other provisions of the appropriations Acts 

6 referred to in section 1101 shall continue in effect through 

7 the date specified in section 1106. 

8 SEC. 1106. Unless otherwise provided for in this divi9 sion or in the applicable appropriations Act, appropria10 tions and funds made available and authority granted pur11 suant to this division shall be available through September 

12 30, 2013. 

13 SEC. 1107. Expenditures made pursuant to the Con14 tinuing Appropriations Resolution, 2013 (Public Law 112– 

15 175) shall be charged to the applicable appropriation, fund, 

16 or authorization provided by this division. 

17 SEC. 1108. Funds appropriated by this division may 

18 be obligated and expended notwithstanding section 10 of 

19 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 

20 State Department Basic Authorities Act of 1956 (22 U.S.C. 

21 2680), and section 313 of the Foreign Relations Authoriza22 tion Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212). 

23 SEC. 1109. (a) For entitlements and other mandatory 

24 payments whose budget authority was provided in appro25 priations Acts for fiscal year 2012, and for activities under 


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1 the Food and Nutrition Act of 2008, the levels established 

2 by section 1101 shall be the amounts necessary to maintain 

3 program levels under current law and under the authority 

4 and conditions provided in the applicable appropriations 

5 Acts for fiscal year 2012. 

6 (b) In addition to the amounts otherwise provided by 

7 section 1101, the following amounts shall be available for 

8 the following accounts for advance payments for the first 

9 quarter of fiscal year 2014: 

10 (1) ‘‘Department of Labor, Office of Workers’ 

11 Compensation Programs, Special Benefits for Dis12 abled Coal Miners’’, for benefit payments under title 

13 IV of the Federal Mine Safety and Health Act of 

14 1977, $40,000,000, to remain available until ex15 pended. 

16 (2) ‘‘Department of Health and Human Services, 

17 Centers for Medicare and Medicaid Services, Grants 

18 to States for Medicaid’’, for payments to States or in 

19 the case of section 1928 on behalf of States under title 

20 XIX of the Social Security Act, $106,335,631,000, to 

21 remain available until expended. 

22 (3) ‘‘Department of Health and Human Services, 

23 Administration for Children and Families, Payments 

24 to States for Child Support Enforcement and Family 

25 Support Programs’’, for payments to States or other 


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1 non-Federal entities under titles I, IV–D, X, XI, XIV, 

2 and XVI of the Social Security Act and the Act of 

3 July 5, 1960 (24 U.S.C. ch. 9), $1,100,000,000, to re4 main available until expended. 

5 (4) ‘‘Department of Health and Human Services, 

6 Administration for Children and Families, Payments 

7 for Foster Care and Permanency’’, for payments to 

8 States or other non-Federal entities under title IV–E 

9 of the Social Security Act, $2,200,000,000. 

10 (5) ‘‘Social Security Administration, Supple11 mental Security Income Program’’, for benefit pay12 ments under title XVI of the Social Security Act, 

13 $19,300,000,000, to remain available until expended. 

14 SEC. 1110. Each amount made available in this divi15 sion by reference to an appropriation that was previously 

16 designated by the Congress for Overseas Contingency Oper17 ations/Global War on Terrorism pursuant to section 

18 251(b)(2)(A) of the Balanced Budget and Emergency Def19 icit Control Act of 1985 or as being for disaster relief pursu20 ant to section 251(b)(2)(D) of such Act is designated by the 

21 Congress for Overseas Contingency Operations/Global War 

22 on Terrorism pursuant to section 251(b)(2)(A) of such Act 

23 or as being for disaster relief pursuant to section 

24 251(b)(2)(D) of such Act, respectively. 


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1 SEC. 1111. With respect to any discretionary account 

2 for which advance appropriations were provided for fiscal 

3 year 2013 or 2014 in an appropriations Act for fiscal year 

4 2012, in addition to amounts otherwise made available by 

5 this division, advance appropriations are provided in the 

6 same amount for fiscal year 2014 or 2015, respectively, 

7 with a comparable period of availability. 

8 SEC. 1112. (a) Section 147 of the Continuing Appro9 priations Act, 2011 (Public Law 111–242), as added by sec10 tion 1(a)(2) of the Continuing Appropriations and Surface 

11 Transportation Extensions Act, 2011 (Public Law 111–322; 

12 5 U.S.C. 5303 note), is amended— 

13 (1) in subsection (b)(1), by striking the matter after 

14 ‘‘ending on’’ and before ‘‘shall be made’’ and inserting ‘‘De15 cember 31, 2013,’’; and 

16 (2) in subsection (c), by striking the matter after ‘‘end17 ing on’’ and before ‘‘no senior executive’’ and inserting ‘‘De18 cember 31, 2013,’’. 

19 (b) Section 114 of the Continuing Appropriations Res20 olution, 2013 (Public Law 112–175; 5 U.S.C. 5303 note) 

21 is repealed. 

22 SEC. 1113. (a) Not later than 30 days after the date 

23 of the enactment of this division, each department and 

24 agency in subsection (c) shall submit to the Committees on 

25 Appropriations of the House of Representatives and the 


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1 Senate a spending, expenditure, or operating plan for fiscal 

2 year 2013— 

3 (1) at the program, project, or activity level (or, 

4 for foreign assistance programs funded in titles III, 

5 IV and VIII of the Department of State, Foreign Op6 erations, and Related Programs Appropriations Act, 

7 at the country, regional, and central program level, 

8 and for any international organization); or 

9 (2) as applicable, at any greater level of detail 

10 required for funds covered by such a plan in an ap11 propriations Act referred to in section 1101, in the 

12 joint explanatory statement accompanying such Act, 

13 or in committee report language incorporated by ref14 erence in such joint explanatory statement. 

15 (b) If a sequestration is ordered by the President under 

16 section 251A of the Balanced Budget and Emergency Def17 icit Control Act of 1985, the spending, expenditure, or oper18 ating plan required by this section shall reflect such seques19 tration. 

20 (c) The departments and agencies to which this section 

21 applies are as follows: 

22 (1) The Department of Agriculture. 

23 (2) The Department of Commerce. 

24 (3) The Department of Education. 

25 (4) The Department of Energy. 


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1 (5) The Department of Health and Human Serv2 ices. 

3 (6) The Department of Homeland Security. 

4 (7) The Department of Housing and Urban De5 velopment. 

6 (8) The Department of the Interior. 

7 (9) The Department of Justice. 

8 (10) The Department of Labor. 

9 (11) The Department of State and United States 

10 Agency for International Development. 

11 (12) The Department of Transportation. 

12 (13) The Department of the Treasury. 

13 (14) The National Aeronautics and Space Ad14 ministration. 

15 (15) The National Science Foundation. 

16 (16) The Judiciary. 

17 (17) With respect to amounts made available 

18 under the heading ‘‘Executive Office of the President 

19 and Funds Appropriated to the President’’, agencies 

20 funded under such heading. 

21 (18) The Federal Communications Commission. 

22 (19) The General Services Administration. 

23 (20) The Office of Personnel Management. 

24 (21) The National Archives and Records Admin25 istration. 


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1 (22) The Securities and Exchange Commission. 

2 (23) The Small Business Administration. 

3 (24) The Environmental Protection Agency. 

4 (25) The Indian Health Service. 

5 (26) The Smithsonian Institution. 

6 (27) The Social Security Administration. 

7 (28) The Corporation for National and Commu8 nity Service. 

9 (29) The Corporation for Public Broadcasting. 

10 (30) The Food and Drug Administration. 

11 (31) The Commodity Futures Trading Commis12 sion. 

13 SEC. 1114. Not later than May 15, 2013, and each 

14 month thereafter through November 1, 2013, the Director 

15 of the Office of Management and Budget shall submit to 

16 the Committees on Appropriations of the House of Rep17 resentatives and the Senate a report on all obligations in18 curred in fiscal year 2013, by each department and agency, 

19 using funds made available by this division. Such report 

20 shall— 

21 (1) set forth obligations by account; and 

22 (2) compare the obligations incurred in the pe23 riod covered by the report to the obligations incurred 

24 in the same period in fiscal year 2012. 


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1 This division may be cited as the ‘‘Full-Year Con2 tinuing Appropriations Act, 2013’’. 

3 TITLE II 

4 ENERGY AND WATER DEVELOPMENT 

5 SEC. 1201. The amounts available for ‘‘Corps of Engi6 neers—Civil, Department of the Army, Corps of Engi7 neers—Civil, Construction’’ are hereby reduced by 

8 $20,000,000. 

9 SEC. 1202. Notwithstanding section 1101, the level for 

10 ‘‘Department of the Interior, Central Utah Project, Central 

11 Utah Project Completion Account’’ shall be $19,700,000, of 

12 which, $1,200,000 shall be deposited into the ‘‘Utah Rec13 lamation Mitigation and Conservation Account’’ for use by 

14 the Utah Reclamation Mitigation and Conservation Com15 mission. In addition $1,300,000 is provided for necessary 

16 expenses incurred in carrying out the responsibilities of the 

17 Secretary of the Interior. 

18 SEC. 1203. Notwithstanding section 1101, the level for 

19 each of the following accounts shall be as follows: ‘‘Depart20 ment of Energy, Energy Efficiency and Renewable En21 ergy’’, $1,814,091,000; ‘‘Department of Energy, Nuclear 

22 Energy’’, $759,000,000; ‘‘Department of Energy, Science’’, 

23 $4,876,000,000; ‘‘Department of Energy, Advanced Re24 search Projects Agency—Energy’’, $265,000,000, to remain 

25 available until expended. 


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1 SEC. 1204. Notwithstanding section 1101, of the unob2 ligated balances from prior year appropriations available 

3 under ‘‘Department of Energy, Northeast Home Heating 

4 Oil Reserve’’ $6,000,000 are hereby permanently rescinded: 

5 Provided, That no amounts may be rescinded from amounts 

6 that were designated as an emergency requirement pursu7 ant to the Concurrent Resolution on the Budget or the Bal8 anced Budget and Emergency Deficit Control Act of 1985. 

9 SEC. 1205. (a) Notwithstanding section 1101, the level 

10 for ‘‘Department of Energy, Atomic Energy Defense Activi11 ties, National Nuclear Security Administration, Weapons 

12 Activities’’ shall be $7,577,341,000. 

13 (b) Section 301(c) of division B of Public Law 112– 

14 274 shall not apply to amounts made available by this sec15 tion. 

16 SEC. 1206. In addition to amounts otherwise made 

17 available by this division, $110,000,000 is appropriated for 

18 ‘‘Department of Energy, Atomic Energy Defense Activities, 

19 National Nuclear Security Administration, Defense Nuclear 

20 Nonproliferation’’ for domestic uranium enrichment re21 search, development, and demonstration. 

22 SEC. 1207. Section 14704 of title 40, United States 

23 Code, shall be applied to amounts made available by this 

24 division by substituting the date specified in section 1106 

25 of this division for ‘‘October 1, 2012’’. 


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1 TITLE III 

2 FINANCIAL SERVICES AND GENERAL 

3 GOVERNMENT 

4 SEC. 1301. (a) Notwithstanding any other provision 

5 of this division, except section 1106, the District of Colum6 bia may expend local funds under the heading ‘‘District of 

7 Columbia Funds’’ for such programs and activities under 

8 title IV of H.R. 6020 (112th Congress), as reported by the 

9 Committee on Appropriations of the House of Representa10 tives, at the rate set forth under ‘‘District of Columbia 

11 Funds—Summary of Expenses’’ as included in the Fiscal 

12 Year 2013 Budget Request Act of 2012 (D.C. Act 19–381), 

13 as modified as of the date of the enactment of this division. 

14 (b) Section 803(b) of the Financial Services and Gen15 eral Government Appropriations Act, 2012 (division C of 

16 Public Law 112–74; 125 Stat. 940) is amended by striking 

17 ‘‘November 1, 2012’’ and inserting ‘‘November 1, 2013’’. 

18 SEC. 1302. Notwithstanding section 1101, the level for 

19 ‘‘District of Columbia, Federal Funds, Federal Payment for 

20 Emergency Planning and Security Costs in the District of 

21 Columbia’’ shall be $24,700,000, of which not less than 

22 $9,800,000 shall be used for costs associated with the Presi23 dential Inauguration. 

24 SEC. 1303. Notwithstanding section 1101, the fifth 

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1 mission, Salaries and Expenses’’ in division C of Public 

2 Law 112–74 shall be applied by substituting ‘‘$98,739,000’’ 

3 for ‘‘$85,000,000’’. 

4 SEC. 1304. Notwithstanding any other provision of 

5 this division, amounts made available by section 1101 for 

6 ‘‘Department of the Treasury, Departmental Offices, Sala7 ries and Expenses’’ and ‘‘Department of the Treasury, Of8 fice of Inspector General, Salaries and Expenses’’ may be 

9 used for activities in connection with section 1602(e) of the 

10 Resources and Ecosystems Sustainability, Tourist Opportu11 nities, and Revived Economies of the Gulf Coast States Act 

12 of 2012 (subtitle F of title I of division A of Public Law 

13 112–141). 

14 SEC. 1305. Notwithstanding section 1101, the level for 

15 ‘‘Office of Government Ethics, Salaries and Expenses’’ shall 

16 be $18,664,000, of which $5,000,000 shall be for develop17 ment and deployment of the centralized, publicly accessible 

18 database required in section 11(b) of the STOCK Act (Pub19 lic Law 112–105). 

20 SEC. 1306. Notwithstanding section 1101, the level for 

21 ‘‘Small Business Administration, Business Loans Program 

22 Account’’ for the cost of guaranteed loans as authorized by 

23 section 7(a) of the Small Business Act and section 503 of 

24 the Small Business Investment Act of 1958 shall be 

25 $333,600,000. 


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1 SEC. 1307. Of the unobligated balances available for 

2 ‘‘Department of the Treasury, Treasury Forfeiture Fund’’, 

3 $950,000,000 are rescinded. 

4 SEC. 1308. Notwithstanding section 1101, the Commu5 nity Development Financial Institutions Fund is author6 ized during Fiscal Year 2013 to guarantee bonds and notes 

7 pursuant section 114A of the Riegle Community Develop8 ment and Regulatory Improvement Act of 1994 (12 U.S.C. 

9 4701 et seq.): Provided, That no funds appropriated by this 

10 Act for ‘‘Department of the Treasury—Community Devel11 opment Financial Institutions Fund Program Account’’ 

12 shall be available for the cost, if any, of guaranteed loans 

13 (as defined in section 502 of the Congressional Budget Act 

14 of 1974) pursuant to section 114A of the Riegle Community 

15 Development and Regulatory Improvement Act of 1994 (12 

16 U.S.C. 4701 et seq.) to subsidize total loan principal not 

17 to exceed $500,000,000. 

18 SEC. 1309. Sections 9503(a), 9504(a) and (b), and 

19 9505(a) of title 5, United States Code, are amended by 

20 striking ‘‘Before July 23, 2013’’ each place it occurs and 

21 inserting ‘‘Before September 30, 2013’’. 

22 SEC. 1310. Notwithstanding section 1101, the level for 

23 ‘‘Executive Office of The President and Funds Appropriated 

24 to the President, Partnership Fund for Program Integrity 

25 Innovation’’ shall be $0. 


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1 SEC. 1311. Notwithstanding section 1101, the level for 

2 ‘‘The Judiciary, Courts of Appeals, District Courts, and 

3 Other Judicial Services, Defender Services’’ shall be 

4 $1,040,000,000. 

5 SEC. 1312. (a) Section 203(c) of the Judicial Improve6 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 

7 note), as amended, is amended— 

8 (1) in the third sentence (relating to the district 

9 of Kansas), by striking ‘‘21 years or more’’ and in10 serting ‘‘22 years and 6 months or more’’; and 

11 (2) in the seventh sentence (relating to the dis12 trict of Hawaii), by striking ‘‘18 years or more’’ and 

13 inserting ‘‘19 years and 6 months or more’’. 

14 (b) Section 406 of the Transportation, Treasury, 

15 Housing and Urban Development, The Judiciary, The Dis16 trict of Columbia, and Independent Agencies Appropria17 tions Act of 2006 (Public Law 109–115; 119 Stat. 2470; 

18 28 U.S.C. 133 note) is amended in the second sentence (re19 lating to the eastern district of Missouri) by inserting ‘‘and 

20 6 months’’ after ‘‘20 years’’. 

21 (c) Section 312(c)(2) of the 21st Century Department 

22 of Justice Appropriations Authorization Act (Public Law 

23 107–273; 28 U.S.C. 133 note) is amended— 

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1 tral district of California and the western district of 

2 North Carolina’’; 

3 (2) by striking ‘‘10 years’’ and inserting ‘‘11 

4 years’’; and 

5 (3) by adding at the end the following: ‘‘The first 

6 vacancy in the office of district judge in the central 

7 district of California occurring 10 years and 6 

8 months or more after the confirmation date of the 

9 judge named to fill the temporary district judgeship 

10 created in that district by this subsection, shall not be 

11 filled. The first vacancy in the office of district judge 

12 in the western district of North Carolina occurring 10 

13 years or more after the confirmation date of the judge 

14 named to fill the temporary district judgeship created 

15 in that district by this subsection, shall not be filled.’’. 

16 SEC. 1313. Notwithstanding section 1101 of this divi17 sion or division A, the level for the ‘‘Commodity Futures 

18 Trading Commission’’ shall be the level specified under 

19 Public Law 112–55 and the authorities and conditions, in20 cluding comparable periods of availability, provided under 

21 such Public Law shall apply to such appropriation. 

22 SEC. 1314. Notwithstanding section 1101, the level for 

23 ‘‘Federal Deposit Insurance Corporation, Office of the In24 spector General’’ shall be $34,568,000. 


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1 TITLE IV 

2 INTERIOR, ENVIRONMENT, AND RELATED 

3 AGENCIES 

4 SEC. 1401. Notwithstanding section 1101, the levels for 

5 the following appropriations of the Department of the Inte6 rior shall be: 

7 (a) $950,757,000 for ‘‘Bureau of Land Management, 

8 Management of Lands and Resources’’: Provided, That the 

9 amounts included under such heading in division E of Pub10 lic Law 112–74 shall be applied to funds appropriated by 

11 this division by substituting ‘‘$950,757,000’’ for 

12 ‘‘$961,900,000’’ the second place it appears; 

13 (b) $0 for ‘‘Bureau of Land Management, Construc14 tion’’; 

15 (c) $1,213,915,000 for ‘‘United States Fish and Wild16 life Service, Resource Management’’; 

17 (d) $19,136,000 for ‘‘United States Fish and Wildlife 

18 Service, Construction’’; 

19 (e) $2,214,202,000 for ‘‘National Park Service, Oper20 ation of the National Park Service’’; 

21 (f) $131,173,000 for ‘‘National Park Service, Construc22 tion’’; 

23 (g) $105,910,000 for ‘‘Bureau of Indian Affairs, Con24 struction’’; 


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1 (h) $84,946,000 for ‘‘Insular Affairs, Assistance to Ter2 ritories’’: Provided, That the matter under such heading in 

3 division E of Public Law 112–74 shall be applied to funds 

4 appropriated by this division as follows: by substituting 

5 ‘‘$75,684,000’’ for ‘‘$78,517,000’’; and by substituting 

6 ‘‘$9,262,000’’ for ‘‘$9,480,000’’; 

7 (i) $146,000,000 for ‘‘Office of the Special Trustee for 

8 American Indians, Federal Trust Programs’’; and 

9 (j) $726,473,000 for ‘‘Department-wide Programs, 

10 Wildland Fire Management’’: Provided, That of the 

11 amounts made available by section 140(b) of Public Law 

12 112–175 (126 Stat. 1321), $7,500,000 are rescinded. 

13 SEC. 1402. The contract authority provided for fiscal 

14 year 2013 by 16 U.S.C. 460l–10a is rescinded. 

15 SEC. 1403. Section 10101(a) of the Omnibus Budget 

16 Reconciliation Act of 1993 (30 U.S.C. 28f(a)), as amended 

17 by section 430 of the Department of the Interior, Environ18 ment, and Related Agencies Appropriations Act, 2012 (di19 vision E of Public Law 112–74; 125 Stat. 1047), is further 

20 amended— 

21 (1) in paragraph (1) in the first sentence, by 

22 striking ‘‘on’’ the first place it appears and inserting 

23 ‘‘before, on,’’; and 

24 (2) in paragraph (2)— 


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1 (A) by striking ‘‘located’’ the second place it 

2 appears; 

3 (B) by inserting at the end of the following: 

4 ‘‘Such claim maintenance fee shall be in lieu of 

5 the assessment work requirement contained in 

6 the Mining Law of 1872 (30 U.S.C. 28 to 28e) 

7 and the related filing requirements contained in 

8 section 314(a) and (c) of the Federal Land Pol9 icy and Management Act of 1976 (43 U.S.C. 

10 1744(a) and (c)).’’; and 

11 (C) by striking ‘‘(a)’’ in the first sentence 

12 and inserting ‘‘(a)(1)’’. 

13 SEC. 1404. (a) Division II of Public Law 104–333 (16 

14 U.S.C. 461 note) is amended in each of sections 107, 208, 

15 310, 408, 507, 607, 707, 809, and 910, by striking ‘‘2012’’ 

16 and inserting ‘‘2013’’. 

17 (b) Effective on October 12, 2012, section 7 of Public 

18 Law 99–647, as amended by section 702(d) of Public Law 

19 109–338 and section 1767 of Public Law 112–10, is further 

20 amended by striking ‘‘the date’’ and all that follows and 

21 inserting ‘‘September 30, 2013’’. 

22 (c) Section 12 of Public Law 100–692 (16 U.S.C. 461 

23 note) is amended— 

24 (1) in subsection (c)(1), by striking ‘‘2012’’ and 

25 inserting ‘‘2013’’; and 


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1 (2) in subsection (d), by striking ‘‘the date that 

2 is 5 years after the date of enactment of this sub sec3 tion’’ and inserting ‘‘September 30, 2013’’. 

4 (d) Section 108 of Public Law 106–278 (16 U.S.C. 461 

5 note) is amended by striking ‘‘2012’’ and inserting ‘‘2013’’. 

6 SEC. 1405. Notwithstanding section 1101, the levels for 

7 the following appropriations of the Environmental Protec8 tion Agency shall be: 

9 (a) $785,291,000 for ‘‘Science and Technology’’; 

10 (b) $2,651,440,000 for ‘‘Environmental Programs and 

11 Management’’; 

12 (c) $1,176,431,000 for ‘‘Hazardous Substance Super13 fund’’: Provided, That the matter under such heading in 

14 division E of Public Law 112–74 shall be applied to funds 

15 appropriated by this division as follows: by substituting 

16 ‘‘$1,176,431,000’’ for ‘‘$1,215,753,000’’ the second place it 

17 appears; and by substituting ‘‘September 30, 2012’’ for 

18 ‘‘September 30, 2011’’; and 

19 (d) $3,579,094,000 for ‘‘State and Tribal Assistance 

20 Grants’’: Provided, That the amounts included under such 

21 hearing in division E of Public Law 112–74 shall be ap22 plied to fund appropriated by this division as follows: by 

23 substituting ‘‘$1,451,791,000’’ for ‘‘$1,468,806,000’’; by sub24 stituting ‘‘$908,713,000’’ for ‘‘$919,363,000’’; and by sub25 stituting ‘‘$19,952,000’’ for ‘‘$30,000,000’’. 


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1 SEC. 1406. (a) Of the unobligated balances available 

2 to the Environmental Protection Agency under the fol3 lowing headings from prior appropriation Acts, the fol4 lowing amounts are rescinded: 

5 (1) ‘‘Hazardous Substance Superfund’’, 

6 $15,000,000. 

7 (2) ‘‘State and Tribal Assistance Grants’’, 

8 $35,000,000, as follows: 

9 (A) $10,000,000 from unobligated 

10 Brownfields balances. 

11 (B) $5,000,000 from unobligated categorical 

12 grant balances. 

13 (C) $10,000,000 from unobligated Drinking 

14 Water State Revolving Funds balances. 

15 (D) $10,000,000 from unobligated Clean 

16 Water State Revolving Funds balances. 

17 (b) No amounts may be rescinded under subsection (a) 

18 from amounts that were designated by the Congress as an 

19 emergency requirement pursuant to a concurrent resolution 

20 on the budget or the Balanced Budget and Emergency Def21 icit Control Act of 1985. 

22 SEC. 1407. Notwithstanding subsection (d)(2) of sec23 tion 33 of the Federal Insecticide, Fungicide, and 

24 Rodenticide Act (7 U.S.C. 136w–8), the Administrator of 

25 the Environmental Protection Agency may assess pesticide 


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1 registration service fees under such section for fiscal year 

2 2013. 

3 SEC. 1408. Notwithstanding section 1101, the levels for 

4 the following appropriations of the Department of Agri5 culture shall be: 

6 (a) $1,536,596,000 for ‘‘Forest Service, National For7 est System’’; 

8 (b) $369,800,000 for ‘‘Forest Service, Capital Improve9 ment and Maintenance’’; and 

10 (c) $1,971,390,000 for ‘‘Forest Service, Wildland Fire 

11 Management’’. 

12 SEC. 1409. Notwithstanding section 1101, the levels for 

13 the following appropriations of the Department of Health 

14 and Human Services shall be: 

15 (a) $3,914,599,000 for ‘‘Indian Health Service, Indian 

16 Health Services’’; and 

17 (b) $441,605,000 for ‘‘Indian Health Service, Indian 

18 Health Facilities’’. 

19 SEC. 1410. Notwithstanding section 1101, the level for 

20 ‘‘Smithsonian Institution, Salaries and Expenses’’ shall be 

21 $640,512,000. 

22 SEC. 1411. Notwithstanding section 1101, the level for 

23 ‘‘Advisory Council on Historic Preservation, Salaries and 

24 Expenses’’ shall be $7,023,000: Provided, That of the funds 

25 appropriated herein, $1,300,000, to remain available until 


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1 expended, may be used for expenses related to the relocation 

2 from the Old Post Office Building. 

3 SEC. 1412. Notwithstanding section 1101, the level for 

4 ‘‘Presidio Trust, Presidio Trust Fund’’ shall be $0. 

5 SEC. 1413. Notwithstanding section 1101, the level for 

6 ‘‘Dwight D. Eisenhower Memorial Commission, Salaries 

7 and Expenses’’ shall be $1,050,000 and the level for 

8 ‘‘Dwight D. Eisenhower Memorial Commission, Capital 

9 Construction’’ shall be $0: Provided, That section 8162(m) 

10 of the Department of Defense Appropriations Act, 2000 (40 

11 U.S.C. 8903 note; Public Law 106–79), as added by section 

12 8120 (a) of Public Law 107–117 (115 Stat. 2273), is 

13 amended by adding at the end the following: 

14 ‘‘(3) EXPIRATION.—Any reference in section 

15 8903(e) of title 40, U.S.C. to the expiration at the end 

16 of, or extension beyond, a 7-year period shall be con17 sidered to be a reference to an expiration on, or exten18 sion beyond, September 30, 2013.’’. 

19 SEC. 1414. Notwithstanding section 1101, section 408 

20 of division E of Public Law 112–74 (125 Stat. 1038) shall 

21 be applied to funds appropriated by this division by sub22 stituting ‘‘112–10, and 112–74’’ for ‘‘112–10’’ and by sub23 stituting ‘‘2012’’ for ‘‘2011’’. 

24 SEC. 1415. The authority provided by section 331 of 

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1 priations Act, 2000 (enacted by reference in section 

2 1000(a)(3) of Public Law 106–113; 16 U.S.C. 497 note) 

3 shall continue in effect through the date specified in section 

4 1106 of this division. 

5 SEC. 1416. No funds made available under this Act 

6 shall be used for a 180-day period beginning on date of 

7 enactment of this Act to enforce with respect to any farm 

8 (as that term is defined in section 112.2 of title 40, Code 

9 of Federal Regulations (or successor regulations)) the Spill, 

10 Prevention, Control, and Countermeasure rule, including 

11 amendments to that rule, promulgated by the Environ12 mental Protection Agency under part 112 of title 40, Code 

13 of Federal Regulations. 

14 TITLE V 

15 LABOR, HEALTH AND HUMAN SERVICES, AND 

16 EDUCATION, AND RELATED AGENCIES 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 1501. Of the funds available to the Department 

19 of Labor, Employment and Training Administration in 

20 this or any other Act making appropriations that remain 

21 unobligated as of the date of enactment of this Act, up to 

22 $30,000,000 may be transferred to ‘‘Department of Labor, 

23 Employment and Training Administration, Office of Job 

24 Corps’’ for Job Corps operations for program years 2012 

25 and 2013 and shall be in addition to any other amounts 


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1 available to the Office of Job Corps for such purposes: Pro2 vided, That not less than $10,000,000 shall be transferred 

3 within 30 days of enactment of this Act to support Job 

4 Corps operations for the program year ending June 30, 

5 2013: Provided further, That not later than 15 days after 

6 any transfer has been made under the authority of this sec7 tion, the Secretary of Labor shall submit a report to the 

8 Committees on Appropriations of the House of Representa9 tives and the Senate that details the source of the trans10 ferred funds, the specific programs, projects, or activities 

11 for which such funds will be used, provides a detailed expla12 nation of the need for such transfer, and itemizes the cost 

13 saving measures implemented by the Office of the Job Corps 

14 during Program Years 2012 and 2013 and the savings 

15 gained by implementing each initiative. 

16 SEC. 1502. Notwithstanding section 1101, the level 

17 which may be expended from the Employment Security Ad18 ministration Account of the Unemployment Trust Fund for 

19 administrative expenses of ‘‘Department of Labor, Employ20 ment and Training Administration, State Unemployment 

21 Insurance and Employment Service Operations’’ shall be 

22 $3,940,865,000 (which includes all amounts available to 

23 conduct in-person reemployment and eligibility assessments 

24 and unemployment insurance improper payment reviews), 

25 of which $3,115,142,000 shall be for grants to the States 


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1 for the administration of State unemployment insurance 

2 laws under paragraph (1). For the purposes of this section, 

3 the first proviso under this heading in Public Law 112– 

4 74 shall be applied by substituting ‘‘2013’’ and ‘‘4,585,000’’ 

5 for ‘‘2012’’ and ‘‘4,832,000’’, respectively. 

6 SEC. 1503. Notwithstanding section 1101, language 

7 under the heading ‘‘Department of Labor, Mine Safety and 

8 Health Administration, Salaries and Expenses’’ in Public 

9 Law 112–74 shall be applied to funds appropriated by this 

10 Act by substituting ‘‘is authorized to collect and retain up 

11 to $2,499,000’’ for ‘‘may retain up to $1,499,000’’. 

12 SEC. 1504. Notwithstanding section 1101, the level for 

13 ‘‘Department of Labor, Veterans Employment and Train14 ing’’ shall be $264,436,000, of which $226,251,000 shall be 

15 derived from the Employment Security Administration Ac16 count in the Unemployment Trust Fund: Provided, That 

17 the level provided under such heading for Veterans Work18 force Investment Program grants shall be used for the Tran19 sition Assistance Program and activities authorized by the 

20 VOW to Hire Heroes Act of 2011, shall be available through 

21 September 30, 2013, and shall be in addition to any other 

22 funds available for those purposes: Provided further, That 

23 of the level provided under such heading, not less than 

24 $14,000,000 shall be for the Transition Assistance Program, 


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1 and $3,414,000 shall be for the National Veterans’ Employ2 ment and Training Services Institute. 

3 SEC. 1505. All funds provided for the Health Centers 

4 program, as defined by section 330 of the Public Health 

5 Service Act, by this Act or any other Act providing appro6 priations for fiscal year 2013 shall be obligated by the Sec7 retary of Health and Human Services by September 30, 

8 2013, of which $48,000,000 shall be awarded for base grant 

9 adjustments. 

10 SEC. 1506. The Director of the Centers for Disease 

11 Control and Prevention (hereafter referred to in this divi12 sion as ‘‘CDC’’) may detail CDC staff without reimburse13 ment for up to 30 days to support an activation of the CDC 

14 Emergency Operations Center, so long as the Director pro15 vides notification within 15 days of the use of this authority 

16 and a full report to the Committees on Appropriations of 

17 the House of Representatives and the Senate within 30 days 

18 after the use of this authority, which includes the number 

19 of staff and funding level broken down by the originating 

20 center and number of days detailed: Provided, That the an21 nual reimbursement cannot exceed $3,000,000 across CDC. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 1507. To facilitate the implementation of the per24 manent Working Capital Fund (‘‘WCF’’) authorized in 

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1 gated balances of amounts appropriated for business serv2 ices for fiscal year 2013 shall be transferred to the WCF: 

3 Provided, That on or after October 1, 2013, the CDC shall 

4 transfer other amounts available for business services to 

5 other CDC appropriations consistent with the benefit each 

6 appropriation received from the business services appro7 priation in fiscal year 2013: Provided further, That assets 

8 purchased with funds appropriated for or reimbursed to 

9 business services in this or any other Act may be transferred 

10 to the WCF and customers billed for depreciation of those 

11 assets: Provided further, That CDC shall, consistent with 

12 the authorities provided in 42 U.S.C. 231, ensure that the 

13 WCF is used only for administrative support services and 

14 not for programmatic activity funding: Provided further, 

15 That CDC shall notify the Committees on Appropriations 

16 of the House of Representatives and the Senate not later 

17 than 15 days prior to any transfer made under the author18 ity provided in this section. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 1508. Notwithstanding section 1101, the level for 

21 ‘‘Department of Health and Human Services, National In22 stitutes of Health, Office of the Director’’ shall be 

23 $1,528,181,000: Provided, That the fourth proviso under 

24 such heading shall be applied to funds appropriated by this 

25 Act by substituting the following: ‘‘: Provided further, That 


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1 $165,000,000 shall be for the National Children’s Study 

2 (NCS), except that not later than July 15, 2013 the Director 

3 shall estimate the amount needed for the NCS during fiscal 

4 year 2013, taking into account the succeeding proviso, and 

5 any funds in excess of the estimated need shall be trans6 ferred to and merged with the accounts for the various Insti7 tutes and Centers of NIH in proportion to their shares of 

8 total NIH appropriations made by this Act: Provided fur9 ther, That the Director shall contract with the National 

10 Academy of Sciences within 60 days of enactment of this 

11 Act to appoint an expert Institute of Medicine/National Re12 search Council (IOM/NRC) panel to conduct a comprehen13 sive review and issue a report regarding proposed meth14 odologies for the NCS Main Study, including whether such 

15 methodologies are likely to produce scientifically sound re16 sults that are generalizable to the United States population 

17 and appropriate sub-populations: Provided further, That no 

18 contracts shall be awarded for conducting the Main Study 

19 until at least 60 days after the IOM/NRC report has been 

20 available to the public:’’. 

21 SEC. 1509. Notwithstanding section 1101, the level for 

22 ‘‘Department of Health and Human Services, Administra23 tion for Children and Families, Refugee and Entrant As24 sistance’’ shall be $1,016,000,000. 


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1 SEC. 1510. Notwithstanding section 1101, the level for 

2 ‘‘Department of Health and Human Services, Administra3 tion for Children and Families, Payments to States for the 

4 Child Care and Development Block Grant’’ shall be 

5 $2,328,313,000: Provided, That in addition to the amounts 

6 required to be reserved by the States under section 658G 

7 of the Child Care and Development Block Grant Act, 

8 $297,078,000 shall be reserved by the States for activities 

9 authorized under section 658G of such Act, of which 

10 $108,950,000 shall be for activities that improve the quality 

11 of infant and toddler care. 

12 SEC. 1511. In addition to amounts otherwise made 

13 available by section 1101, $33,500,000 is appropriated for 

14 ‘‘Department of Health and Human Services, Administra15 tion for Children and Families, Children and Families 

16 Services’’ for making payments under the Head Start Act: 

17 Provided, That notwithstanding section 640 of such Act, up 

18 to $25,000,000 of such funds shall be available for allocation 

19 by the Secretary to supplement activities described in para20 graphs (7)(B) and (9) of section 641(c) of the Head Start 

21 Act under the Designation Renewal System, established 

22 under the authority of sections 641(c)(7), 645A(b)(12) and 

23 645A(d) of such Act: Provided further, That amounts allo24 cated to Head Start grantees at the discretion of the Sec25 retary to supplement activities pursuant to the previous 


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1 proviso shall not be included in the calculation of the ‘‘base 

2 grant’’ in subsequent fiscal years, as such term is used in 

3 section 640(a)(7)(A) of the Head Start Act. 

4 SEC. 1512. Notwithstanding section 1101, the level for 

5 ‘‘Department of Health and Human Services, Office of the 

6 Secretary, Public Health and Social Services Emergency 

7 Fund’’ shall be increased by $17,000,000 for expenses nec8 essary for replacement of building leases and associated ren9 ovation costs for Public Health Service agencies and other 

10 components of the Department of Health and Human Serv11 ices, including relocation and fit-out costs, to remain avail12 able until expended. 

13 SEC. 1513. Of the amount provided by section 1101 

14 for ‘‘Department of Education, Safe Schools and Citizen15 ship Education’’ for subpart 2 of part A of title IV of the 

16 Elementary and Secondary Education Act of 1965, 

17 $3,000,000, to remain available until expended, shall be for 

18 the Project School Emergency Response to Violence program 

19 to provide education-related services to local educational 

20 agencies and institutions of higher education in which the 

21 learning environment has been disrupted due to a violent 

22 or traumatic crisis. 

23 SEC. 1514. Notwithstanding section 1101, the provisos 

24 under the heading ‘‘Department of Education—Special 

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1 visos were inserted after the first proviso: ‘‘: Provided fur2 ther, That the Secretary shall distribute to all other States 

3 (as that term is defined in section 611(g)(2)), subject to the 

4 third proviso, any amount by which a State’s allocation 

5 under section 611(d), from funds appropriated under this 

6 heading, is reduced under section 612(a)(18)(B), in accord7 ance with section 611(d)(3)(A)(i)(II) and (III) without re8 gard to section 611(d)(3)(A)(i)(I) and section 611(d)(3)(B): 

9 Provided further, That the Secretary may not distribute 

10 any funds under the previous proviso to any State whose 

11 reduction in allocation from funds appropriated under this 

12 heading made funds available for such a distribution: Pro13 vided further, That the States shall allocate such funds dis14 tributed under the second preceding proviso to local edu15 cational agencies in accordance with section 611(f): Pro16 vided further, That the amount by which a State’s alloca17 tion under section 611(d) of the IDEA is reduced under 

18 section 612(a)(18)(B) and the amounts distributed to States 

19 under the previous provisos from funds appropriated for fis20 cal year 2012 or any subsequent year shall not be consid21 ered in calculating the awards under section 611(d) for fis22 cal year 2013 or for any subsequent fiscal years:’’. 

23 SEC. 1515. Of the amount provided by section 1101 

24 for ‘‘Department of Education, Higher Education’’ for sub25 part 2 of part A of title VII of the Higher Education Act 


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1 of 1965, up to $4,451,000 shall be available to fund continu2 ation awards for projects originally supported under sub3 part 1 of part A of title VII of such act. 

4 SEC. 1516. Notwithstanding section 1101, the level for 

5 ‘‘Railroad Retirement Board, Limitation on Administra6 tion’’ shall be $111,149,000. 

7 SEC. 1517. Notwithstanding section 1101, the level for 

8 ‘‘Social Security Administration, Supplemental Security 

9 Income Program’’ for research and demonstrations under 

10 sections 1110, 1115, and 1144 of the Social Security Act 

11 shall be $17,000,000. 

12 SEC. 1518. Of the funds made available by section 

13 1101 for ‘‘Social Security Administration, Limitation on 

14 Administrative Expenses’’, $23,000,000 shall be for section 

15 1149 of the Social Security Act and $7,000,000 shall be for 

16 section 1150 of the Social Security Act. 

17 SEC. 1519. Of the funds made available by section 

18 1101 for ‘‘Social Security Administration, Limitation on 

19 Administrative Expenses’’ for the cost associated with con20 tinuing disability reviews under titles II and XVI of the 

21 Social Security Act and for the cost associated with con22 ducting redeterminations of eligibility under title XVI of 

23 the Social Security Act, $273,000,000 is provided to meet 

24 the terms of section 251(b)(2)(B)(ii)(III) of the Balanced 

25 Budget and Emergency Deficit Control Act of 1985, as 


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1 amended, and $483,052,000 is additional new budget au2 thority specified for purposes of section 251(b)(2)(B) of such 

3 Act. 

4 SEC. 1520. Of the funds made available for the Com5 munity-Based Care Transitions Program under section 

6 3026 of Public Law 111–148, $200,000,000 are hereby re7 scinded. 

8 SEC. 1521. Notwithstanding section 1101, the rescis9 sions made in sections 522 and 525 of division F of Public 

10 Law 112–74 shall be repeated in this Act with respect to 

11 funds available for fiscal year 2013. 

12 SEC. 1522. Section 148 of Public Law 112–175 is 

13 amended to read as follows: ‘‘Activities authorized by part 

14 A of title IV and section 1108(b) of the Social Security Act 

15 (except for activities authorized in section 403(b) of such 

16 Act) shall continue through September 30, 2013, in the 

17 manner authorized for fiscal year 2012, and out of any 

18 money in the Treasury of the United States not otherwise 

19 appropriated, there are hereby appropriated such sums as 

20 may be necessary for such purpose.’’. 

21 TITLE VI 

22 LEGISLATIVE BRANCH 

23 SEC. 1601. Notwithstanding any other provision of 

24 this Act, for a payment to Irene Hirano Inouye, widow of 

25 Daniel K. Inouye, late a Senator from Hawaii, $193,400. 


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1 SEC. 1602. Notwithstanding section 1101, the level for 

2 ‘‘Joint Congressional Committee On Inaugural Ceremonies 

3 of 2013’’ shall be $0. 

4 SEC. 1603. Notwithstanding section 1101, the level for 

5 ‘‘Capitol Police, General Expenses’’ shall be $62,004,000. 

6 SEC. 1604. Notwithstanding section 1101, the level of 

7 funding for ‘‘Architect of the Capitol, General Administra8 tion’’ shall be $97,340,000. 

9 SEC. 1605. (a) Notwithstanding section 1104, of the 

10 amounts made available by section 1101 for accounts under 

11 the heading ‘‘Architect of the Capitol’’, the Architect of the 

12 Capitol may transfer an aggregate amount of not more than 

13 $61,247,000 to ‘‘Architect of the Capitol, Capitol Building’’, 

14 solely for expenses related to the rehabilitation of the United 

15 States Capitol Dome. 

16 (b) The transfer of amounts under the authority of sub17 section (a) shall be subject to the approval of the Committees 

18 on Appropriations of the House of Representatives and Sen19 ate. 

20 (c) Any amounts transferred under the authority of 

21 subsection (a) shall remain available until expended. 

22 SEC. 1606. (a) Notwithstanding section 1101, avail23 able balances of expired Architect of the Capitol appropria24 tions shall be available to the Architect of the Capitol to 

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1 tion Fund required by section 8147(b) of title 5, United 

2 States Code. 

3 (b) EFFECTIVE DATE.—This section shall apply with 

4 respect to appropriations for fiscal year 2013 and each year 

5 thereafter. 

6 SEC. 1607. Notwithstanding section 1101, the level for 

7 ‘‘Library of Congress, Copyright Office, Salaries and Ex8 penses’’ shall be $737,000 under the first proviso, and shall 

9 be $34,250,000 under the fourth proviso. 

10 SEC. 1608. Notwithstanding section 1101, the level for 

11 ‘‘Government Printing Office, Congressional Printing and 

12 Binding’’ shall be $83,632,000; ‘‘Government Printing Of13 fice, Government Printing Office Revolving Fund’’ shall be 

14 $4,000,000. 

15 SEC. 1609. Notwithstanding section 1101, the level for 

16 ‘‘Government Printing Office, Office of Superintendent of 

17 Documents, Salaries and Expenses’’ shall be $31,500,000 

18 and the amounts authorized for producing and dissemi19 nating Congressional serial sets and other related publica20 tions to depository and other designated libraries shall 

21 apply to publications for fiscal years 2011 and 2012. 

22 SEC. 1610. Notwithstanding section 1101, the level for 

23 ‘‘Government Accountability Office, Salaries and Ex24 penses’’ shall be $506,282,000, the amount applicable under 

25 the first proviso under that heading shall be $26,404,000. 


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1 SEC. 1611. (a) IN GENERAL.—Available balances of 

2 expired Government Accountability Office appropriations 

3 shall be available to the Government Accountability Office 

4 to make the deposit to the credit of the Employees’ Com5 pensation Fund required by section 8147(b) of title 5 

6 United States Code. 

7 (b) EFFECTIVE DATE.—This section shall apply with 

8 respect to fiscal year 2013 and each fiscal year thereafter. 

9 SEC. 1612. Notwithstanding section 1101, the level for 

10 ‘‘Open World Leadership Center Trust Fund’’ shall be 

11 $8,000,000. 

12 TITLE VII 

13 DEPARTMENT OF STATE, FOREIGN OPERATIONS, 

14 AND RELATED PROGRAMS 

15 SEC. 1701. (a) Notwithstanding section 1101, the 

16 amounts included under the heading ‘‘Embassy Security, 

17 Construction, and Maintenance’’ under title I in division 

18 I of Public Law 112–74 shall be applied to funds appro19 priated by this division as follows: by substituting 

20 ‘‘$938,125,000’’ for ‘‘$762,000,000’’ in the first paragraph; 

21 and by substituting ‘‘$688,499,000’’ for ‘‘$775,000,000’’ in 

22 the second paragraph. 

23 (b) Notwithstanding section 1101, the levels for the fol24 lowing accounts under title I in division I of Public Law 

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1 sion as follows: ‘‘Contributions for International Peace2 keeping Activities’’, $2,006,499,000; ‘‘International Bound3 ary and Water Commission, United States and Mexico, 

4 Salaries and Expenses’’, $43,499,000; ‘‘International 

5 Boundary and Water Commission, United States and Mex6 ico, Construction’’, $27,675,000; ‘‘American Sections, Inter7 national Commissions’’, $11,923,000; ‘‘International Fish8 eries Commissions’’, $34,617,000; ‘‘Commission for the 

9 Preservation of America’s Heritage Abroad, Salaries and 

10 Expenses’’, $606,000; ‘‘United States Commission on Inter11 national Religious Freedom, Salaries and Expenses’’, 

12 $2,932,000; ‘‘Commission on Security and Cooperation in 

13 Europe, Salaries and Expenses’’, $2,443,000; ‘‘Congres14 sional-Executive Commission on the People’s Republic of 

15 China, Salaries and Expenses’’, $1,906,000; and ‘‘United 

16 States-China Economic and Security Review Commission, 

17 Salaries and Expenses’’, $3,312,000. 

18 SEC. 1702. (a) Notwithstanding section 1101, the 

19 amounts included under the heading ‘‘Global Health Pro20 grams’’ under title III in division I of Public Law 112– 

21 74 shall be applied to funds appropriated by this division 

22 as follows: by substituting in the first sentence in the first 

23 paragraph ‘‘$2,755,950,000’’ for ‘‘$2,625,000,000’’; by sub24 stituting in the first sentence in the second paragraph 

25 ‘‘$5,720,499,000’’ for ‘‘$5,542,860,000’’; and by substituting 


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1 in the second proviso in the second paragraph 

2 ‘‘$1,650,000,000’’ for ‘‘$1,050,000,000’’. 

3 (b) Notwithstanding section 1101, the amounts in4 cluded under the heading ‘‘Economic Support Fund’’ under 

5 title III in division I of Public Law 112–74 shall be applied 

6 to funds appropriated by this division by inserting after 

7 the tenth proviso and before the period the following: ‘‘: Pro8 vided further, That not less than $325,400,000 of the funds 

9 appropriated under this heading shall be transferred to, and 

10 merged with, funds appropriated under the heading ‘Devel11 opment Assistance’ in this Act’’. 

12 SEC. 1703. (a) Notwithstanding section 1101, the sixth 

13 proviso under the heading ‘‘Nonproliferation, Anti-ter14 rorism, Demining and Related Programs’’ in division I of 

15 Public Law 112–74 shall be applied to funds appropriated 

16 by this division by substituting the following: ‘‘Provided 

17 further, That funds made available for demining, conven18 tional weapons destruction, and related activities, in addi19 tion to funds otherwise made available for such purposes, 

20 may be used for administrative expenses related to the oper21 ation and management of demining, conventional weapons 

22 destruction, and related programs’’. 

23 (b) Notwithstanding section 1101, the first sentence 

24 under the heading ‘‘Nonproliferation, Anti-terrorism, 

25 Demining and Related Programs’’ in division I of Public 


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1 Law 112–74 shall be applied to funds appropriated by this 

2 division by inserting ‘‘to remain available until September 

3 30, 2014,’’ after ‘‘$590,113,000,’’. 

4 (c) Notwithstanding section 1101, the third proviso 

5 under the heading ‘‘International Security Assistance, De6 partment of State, Peacekeeping Operations’’ in division I 

7 of Public Law 112–74 shall be applied to funds appro8 priated by this division by substituting ‘‘$161,000,000’’ for 

9 ‘‘$91,818,000’’ and ‘‘2014’’ for ‘‘2013’’. 

10 (d) Notwithstanding section 1101, the amounts in11 cluded in the first paragraph under the heading ‘‘Foreign 

12 Military Financing Program’’ under title IV in division 

13 I of Public Law 112–74 shall be applied to funds appro14 priated by this division by substituting in the second pro15 viso ‘‘$3,100,000,000’’ for ‘‘$3,075,000,000’’ and by sub16 stituting in the fourth proviso ‘‘$815,300,000’’ for 

17 ‘‘$808,725,000’’. 

18 SEC. 1704. (a) Notwithstanding section 1101, the levels 

19 for the following accounts under title V in division I of Pub20 lic Law 112–74 shall be as follows: ‘‘Global Environment 

21 Facility’’, $129,400,000; ‘‘Contribution to the International 

22 Bank for Reconstruction and Development’’, $186,957,000; 

23 ‘‘Contribution to the Enterprise for the Americas Multilat24 eral Investment Fund’’, $15,000,000; and in the first para25 graph under ‘‘Contribution to the International DevelopVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00817 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 ment Association’’, $1,358,500,000; and ‘‘Contribution to 

2 the Inter-American Development Bank’’, $111,153,000. 

3 (b) Notwithstanding section 1101, the level for the fol4 lowing accounts shall be $0: ‘‘Multilateral Assistance, Inter5 national Financial Institutions, European Bank for Recon6 struction and Development, Limitation on Callable Capital 

7 Subscriptions’’; ‘‘Bilateral Economic Assistance, Funds Ap8 propriated to the President, Assistance for Europe, Eurasia 

9 and Central Asia’’; and ‘‘International Security Assistance, 

10 Funds Appropriated to the President, Pakistan Counter11 insurgency Capability Fund’’. 

12 (c) Notwithstanding section 1101, the level for the sec13 ond paragraphs for the following accounts under title V in 

14 division I of Public Law 112–74 shall be $0: ‘‘Contribution 

15 to the International Development Association’’; ‘‘Contribu16 tion to the Inter-American Development Bank’’; and ‘‘Con17 tribution to the African Development Fund’’. 

18 (d) Section 70 of the Bretton Woods Agreements Act 

19 (22 U.S.C. 286 et seq.), is amended in subsection (b) by 

20 adding at the end the following: 

21 ‘‘(3) In order to pay for the increase in the 

22 United States subscription to the Bank under sub23 section (a)(1)(B), there are authorized to be appro24 priated, without fiscal year limitation, 


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1 $4,639,501,466 for payment by the Secretary of the 

2 Treasury. 

3 ‘‘(4) Of the amount authorized to be appro4 priated under paragraph (3), $278,370,088 shall be 

5 for paid in shares of the Bank, and $4,361,131,378 

6 shall be for callable shares of the Bank.’’. 

7 SEC. 1705. Of the unexpended balances available under 

8 the heading ‘‘Export and Investment Assistance, Export9 Import Bank of the United States, Subsidy Appropriation’’ 

10 from prior Acts making appropriations for the Department 

11 of State, foreign operations, and related programs, 

12 $400,000,000 are rescinded. 

13 SEC. 1706. (a) Notwithstanding section 1101, section 

14 7006 in division I of Public Law 112–74 shall be applied 

15 to funds appropriated by this division by substituting ‘‘Af16 ghanistan, Pakistan, and other hostile or high-risk areas’’ 

17 for ‘‘Afghanistan, and Pakistan’’. 

18 (b) Notwithstanding section 1101, the amount included 

19 in section 7034(f) in division I of Public Law 112–74 shall 

20 be applied to funds appropriated by this division by sub21 stituting ‘‘$100,000,000’’ for ‘‘$50,000,000’’. 

22 (c) Notwithstanding section 1101, section 7054(b) in 

23 division I of Public Law 112–74 shall be applied to funds 

24 appropriated by this division by inserting before the period 

25 in paragraph (2) ‘‘; or (3) such assistance, license, sale, or 


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1 transfer is for the purpose of demilitarizing or disposing 

2 of such cluster munitions’’. 

3 (d) Notwithstanding section 1101, section 7054(b) in 

4 division I of Public Law 112–74 shall be applied for pur5 poses of this division by inserting before the period in para6 graph (2) ‘‘; or (3) such assistance, license, sale, or transfer 

7 is for the purpose of demilitarizing or disposing of such 

8 cluster munitions’’. 

9 (e) Notwithstanding section 1101, section 7063 in divi10 sion I of Public Law 112–74 shall be applied to funds ap11 propriated by this division by substituting ‘‘September 30, 

12 2014’’ for ‘‘September 30, 2013’’. 

13 (f) Notwithstanding section 1101, sections 7070(a) and 

14 7072(a) in division I of Public Law 112–74 shall be applied 

15 to funds appropriated by this division by substituting 

16 ‘‘headings’’ for ‘‘heading’’ and substituting ‘‘ ‘Global Health 

17 Programs’, ‘Economic Support Fund’, and ‘International 

18 Narcotics Control and Law Enforcement’ for ‘Assistance for 

19 Europe, Eurasia and Central Asia’ ’’. 

20 (g) Notwithstanding section 1101, section 7070 in di21 vision I of Public Law 112–74 shall be applied to funds 

22 appropriated by this division by adding the following: 

23 ‘‘(d) Funds appropriated by this division under the 

24 heading ‘Economic Support Fund’ may be made available, 

25 not withstanding any other provision of law, for assistance 


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1 and related programs for the countries identified in section 

2 3(c) of the Support for Eastern European Democracy 

3 (SEED) Act of 1989 (Public Law 101–179) and section 3 

4 of the FREEDOM Support Act (Public Law 102–511) and 

5 may be used to carry out the provisions of those Acts: Pro6 vided, That such assistance and related programs from 

7 funds appropriated by this Act under the headings ‘Global 

8 Health Programs’, ‘Economic Support Fund’, and ‘Inter9 national Narcotics Control and Law Enforcement’ shall be 

10 administered in accordance with the responsibilities of the 

11 coordinator designated pursuant to section 601 of the Sup12 port for Eastern European Democracy (SEED) Act of 1989 

13 (Public Law 101–179) and section 102 of the FREEDOM 

14 Support Act (Public Law 102–511), and shall be made 

15 available in amounts consistent with the amounts made 

16 available under the heading ‘Assistance for Europe, Eur17 asia and Central Asia’ in fiscal year 2012, in consultation 

18 with the Committees on Appropriations.’’. 

19 (h) The Foreign Operations, Export Financing, and 

20 Related Programs Appropriations Act, 1990 (Public Law 

21 101–167) is amended— 

22 (1) in section 599D (8 U.S.C. 1157 note)— 

23 (A) in subsection (b)(3), by striking ‘‘and 

24 2012’’ and inserting ‘‘2012, and 2013’’; and 


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1 (B) in subsection (e), by striking ‘‘2012’’ 

2 each place it appears and inserting ‘‘2013’’; and 

3 (2) in section 599E (8 U.S.C. 1255 note) in sub4 section (b)(2), by striking ‘‘2012’’ and inserting 

5 ‘‘2013’’. 

6 (i) Notwithstanding section 1101, section 7041(h) in 

7 division I of Public Law 112–74 shall be applied to funds 

8 appropriated by this division by including the following be9 fore the period: ‘‘Provided, That prior to obligating funds 

10 made available by this Act for assistance for Syria, the Sec11 retary of State shall consult with the Committees on Appro12 priations and Foreign Relations of the Senate and the Com13 mittees on Appropriations and Foreign Affairs of the House 

14 of Representatives: Provided further, That such funds shall 

15 be subject to the regular notification procedures of the Com16 mittees on Appropriations’’. 

17 (j) Notwithstanding section 1101, the fifth proviso 

18 under the heading ‘‘Economic Support Fund’’ in division 

19 I of Public Law 112–74 shall be applied to funds appro20 priated by this division by substituting: ‘‘Provided further, 

21 That funds appropriated under this heading in this Act 

22 may be made available for the costs, as defined in section 

23 502 of the Congressional Budget Act of 1974, of loan guar24 antees for Jordan and’’ for ‘‘Provided further, That up to 

25 $30,000,000 of the funds appropriated for fiscal year 2011 


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1 under this heading in Public Law 112–10, division B, may 

2 be made available for the costs, as defined in section 502 

3 of the Congressional Budget Act of 1974, of loan guarantees 

4 for’’. 

5 SEC. 1707. (a) Notwithstanding section 1101, the levels 

6 for the following accounts under title VIII in division I of 

7 Public Law 112–74 shall be as follows: ‘‘Diplomatic and 

8 Consular Programs’’, $3,210,650,000, of which 

9 $918,435,000 is for Worldwide Security Protection (to re10 main available until expended); and ‘‘Embassy Security, 

11 Construction, and Maintenance’’, $1,272,200,000, of which 

12 $1,261,400,000 is for the costs of worldwide security up13 grades, acquisition, and construction, as authorized: Pro14 vided, That funds made available under this subsection 

15 shall be used for operations at high threat posts, security 

16 programs to protect personnel and property under Chief of 

17 Mission authority, preventing the compromise of classified 

18 United States Government information and equipment, and 

19 security construction or upgrade requirements at Depart20 ment of State facilities worldwide, including for Worldwide 

21 Security Upgrades. 

22 (b) Of the unobligated balances from funds appro23 priated under title VIII in division I of Public Law 112– 

24 74 under the heading ‘‘Diplomatic and Consular Pro25 grams’’ and designated by the Congress for Overseas ConVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00823 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 tingency Operations/Global War on Terrorism pursuant to 

2 section 251(b)(2)(A) of the Balanced Budget and Emer3 gency Deficit Control Act of 1985, $1,109,700,000 are re4 scinded. 

5 (c) Not later than 90 days after enactment of this Act, 

6 the Secretary of State shall submit a report to the Commit7 tees on Appropriations providing an assessment of security 

8 requirements at United States diplomatic facilities world9 wide, including those facilities considered expeditionary in 

10 nature; a comprehensive plan for addressing such require11 ments; and a detailed description of Embassy security im12 provements to be supported from funds made available by 

13 this section: Provided, That such report shall be submitted 

14 in unclassified form, but may include a classified annex. 

15 (d) Notwithstanding section 1101, the amounts in16 cluded under the heading ‘‘Office of Inspector General’’ 

17 under title VIII in division I of Public Law 112–74 shall 

18 be applied to funds appropriated by this division as follows: 

19 by substituting ‘‘$59,151,000’’ for ‘‘$67,182,000’’, and by 

20 substituting ‘‘$6,000,000’’ for ‘‘$19,545,000’’ for the Special 

21 Inspector General for Iraq Reconstruction; and by sub22 stituting ‘‘$49,901,000’’ for ‘‘$44,387,000’’ for the Special 

23 Inspector General for Afghanistan Reconstruction. 

24 (e) Notwithstanding section 1101, the levels for the fol25 lowing accounts under title VIII in division I of Public 


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1 Law 112–74 shall be as follows: ‘‘International Disaster As2 sistance’’, $774,661,000; ‘‘Migration and Refugee Assist3 ance’’, $1,152,850,000; and ‘‘Economic Support Fund’’, 

4 $3,119,896,000. 

5 SEC. 1708. Notwithstanding section 1101, title VIII of 

6 division I of Public Law 112–74 shall be applied to funds 

7 appropriated by this division by inserting the following at 

8 the end of section 8004: 

9 ‘‘SEC. 8005. Funds appropriated by this title under 

10 the headings ‘Diplomatic and Consular Programs’, ‘Em11 bassy Security, Construction, and Maintenance’, and ‘Edu12 cational and Cultural Exchange Programs’ may be trans13 ferred to, and merged with, funds appropriated by this title 

14 under such headings: Provided, That such transfers shall 

15 be subject to the regular notification procedures of the Com16 mittees on Appropriations: Provided further, That the 

17 transfer authority in this section is in addition to any 

18 transfer authority otherwise available under any other pro19 vision of law. 

20 ‘‘SEC. 8006. Funds appropriated by this title shall be 

21 made available for assistance for Jordan, in addition to 

22 amounts otherwise made available by this Act.’’. 


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1 TITLE VIII 

2 TRANSPORTATION AND HOUSING AND URBAN 

3 DEVELOPMENT, AND RELATED AGENCIES 

4 SEC. 1801. (a) Notwithstanding sections 1101 and 

5 1104, the level for limitations on obligation and liquidation 

6 of contract authority shall be available in the following ac7 counts equal to the level of the contract authority subject 

8 to such limitation appropriated out of the Highway Trust 

9 Fund in Sections 1101, 1105, 1107, 1110, 1121, 31101, 

10 32603, and 51001 of Public Law 112–141 for fiscal year 

11 2013: 

12 (1) ‘‘Department of Transportation—Federal 

13 Highway Administration—Limitation on Adminis14 trative Expenses’’; 

15 (2) ‘‘Department of Transportation—Federal 

16 Highway Administration—Federal-Aid Highways— 

17 (Limitation on Obligations)—(Highway Trust 

18 Fund)—(Liquidation of Contract Authorization)— 

19 (Highway Trust Fund)’’; 

20 (3) ‘‘Department of Transportation—Federal 

21 Motor Carrier Safety Administration—Motor Carrier 

22 Safety Operations and Programs—(Liquidation of 

23 Contract Authorization)—(Limitation on Obliga24 tions)—(Highway Trust Fund)’’; 


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1 (4) ‘‘Department of Transportation—Federal 

2 Motor Carrier Safety Administration—Motor Carrier 

3 Safety Grants—(Liquidation of Contract Authoriza4 tion)—(Limitation on Obligations)—(Highway Trust 

5 Fund)’’; Provided, Section 131 of Division C of Pub6 lic Law 112–55 is hereby deleted; and 

7 (5) ‘‘Department of Transportation—National 

8 Highway Traffic Safety Administration—Operations 

9 and Research—(Liquidation of Contract Authoriza10 tion)—(Limitation on Obligations)—(Highway Trust 

11 Fund)’’. 

12 (b) Section 120 of division C of Public Law 112–55 

13 shall not apply to amounts made available by this division. 

14 (c) During the period covered by this division, section 

15 1102 of Public Law 112–141 shall be applied— 

16 (1) in subsection (b)(10), as if the limitation ap17 plicable through fiscal year 2011 applied through fis18 cal year 2012; and 

19 (2) in subsection (c)(5), by treating the reference 

20 to section 204 of title 23, United States Code, as a 

21 reference to sections 202 and 204 of such title. 

22 SEC. 1802. Notwithstanding sections 1101 and 1104, 

23 the language under the heading ‘‘Department of Transpor24 tation—National Highway Traffic Safety Administra25 tion—Highway Traffic Safety Grants—(Liquidation of 


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1 Contract Authorization)—(Limitation on Obligations)— 

2 (Highway Trust Fund)’’ shall be applied to funds made 

3 available by this Act as if the language read as follows: ‘‘For 

4 payment of obligations incurred in carrying out the provi5 sions of 23 U.S.C. 402 and 405, section 2009 of Public Law 

6 109–59 (as amended by section 31106 of Public Law 112– 

7 141), and section 31101(a)(6) of Public Law 112–141, 

8 $554,500,000, to remain available until expended, to be de9 rived from the Highway Trust Fund (other than the Mass 

10 Transit Account): Provided, That none of the funds in this 

11 Act shall be available for the planning or execution of pro12 grams the total obligations for which, in fiscal year 2013, 

13 are in excess of $554,500,000 for programs authorized under 

14 23 U.S.C. 402 and 405, section 2009 of Public Law 109– 

15 59 (as amended by section 31106 of Public Law 112–141), 

16 and section 31101(a)(6) of Public Law 112–141, of which 

17 $235,000,000 shall be for ‘Highway Safety Programs’ under 

18 23 U.S.C. 402, $29,000,000 shall be for ‘High Visibility En19 forcement Program’ under section 2009 of Public Law 109– 

20 59 (as amended by section 31106 of Public Law 112–141), 

21 $265,000,000 shall be for ‘National Priority Safety Pro22 grams’ under 23 U.S.C. 405, and $25,500,000 shall be for 

23 ‘Administrative Expenses’ under section 31101(a)(6) of 

24 Public Law 112–141: Provided further, That not to exceed 

25 $500,000 of the funds made available for 23 U.S.C. 405 for 


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1 ‘Impaired Driving Countermeasures’ (as described in sub2 section (d) of such section) shall be available for technical 

3 assistance to the States.’’ 

4 SEC. 1803. (a) Amounts provided by section 1101 for 

5 ‘‘Department of Transportation—Federal Transit Admin6 istration—Formula and Bus Grants—(Liquidation of Con7 tract Authority)—(Limitation on Obligations)—(Highway 

8 Trust Fund)’’ are available for payment of obligations in9 curred in the Federal Public Transportation Assistance 

10 Program in this account, and for payment of obligations 

11 incurred in carrying out 49 U.S.C. 5305, 5307, 5310, 5311, 

12 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340 (as 

13 amended by Public Law 112–141), and 20005(b) of Public 

14 Law 112–141: Provided, That, notwithstanding sections 

15 1101 and 1104, the proviso under such heading shall be ap16 plied to funds provided by this Act as if the proviso read 

17 as follows: ‘‘Provided, That funds available for the imple18 mentation or execution of programs authorized by 49 

19 U.S.C. 5305, 5307, 5310, 5311, 5318, 5322(d), 5329(e)(6), 

20 5335, 5337, 5339, and 5340, as amended by Public Law 

21 112–141; and 20005(b) of Public Law 112–141 shall not 

22 exceed obligations of $8,478,000,000.’’. 

23 (b) Notwithstanding sections 1101 and 1104, for nec24 essary administrative expenses of the Federal Transit Ad25 ministration’s programs authorized by chapter 53 of title 


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1 49, United States Code, as amended by Public Law 112– 

2 141, $102,713,000, to remain available until expended, of 

3 which $4,000,000 shall be available to carry out 49 U.S.C. 

4 5329. 

5 (c) Notwithstanding sections 1101 and 1104, amounts 

6 provided for ‘‘Department of Transportation—Federal 

7 Transit Administration—Research and University Re8 search Centers’’ shall be available for necessary expenses to 

9 carry out 49 U.S.C. 5312–5314 and 5322, as amended by 

10 Public Law 112–141: Provided, That, of the amount pro11 vided under this heading, not less than $35,000,000 shall 

12 be available to carry out the provisions of 49 U.S.C. 5312. 

13 (d) Notwithstanding section 1101, the language under 

14 the heading ‘‘Department of Transportation—Federal 

15 Transit Administration—Capital Investment Grants’’ in 

16 division C of Public Law 112–55 shall be applied to funds 

17 appropriated by this Act as if the language: ‘‘, of which 

18 $35,481,000’’ and all that follows through the end of the 

19 first proviso were deleted. 

20 (e) Section 601(e)(1)(B) of division B of Public Law 

21 110–432 shall be applied by substituting the date specified 

22 in section 1106 of this division for ‘‘4 years after such 

23 date’’. 

24 SEC. 1804. Section 112 of division C of Public Law 

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1 sion by treating such section as if it were amended by strik2 ing ‘‘49 U.S.C. 41742(b) shall not apply, and’’. 

3 SEC. 1805. Notwithstanding section 1101, the level for 

4 ‘‘Department of Housing and Urban Development, Commu5 nity Planning and Development, Homeless Assistance 

6 Grants’’ shall be $2,033,000,000: Provided, That the level 

7 for project-based rental assistance with rehabilitation 

8 projects with 10-year grant terms shall be $0, and any un9 obligated amounts appropriated under such heading for 

10 such purpose in fiscal year 2012 or in any prior Act shall 

11 be applied in fiscal year 2013 by making any such amounts 

12 available for any purpose under such heading: Provided 

13 further, That the first proviso shall be applied by striking 

14 ‘‘$250,000,000’’ and inserting ‘‘$200,000,000’’. 

15 SEC. 1806. Notwithstanding sections 1101 and 1104, 

16 the level for ‘‘Department of Housing and Urban Develop17 ment, Public and Indian Housing, Indian Housing Loan 

18 Guarantee Fund Program Account’’ shall be $12,200,000: 

19 Provided, the second proviso under such heading in division 

20 C of Public Law 112–55 shall be applied to funds appro21 priated by this division by substituting ‘‘$976,000,000’’ for 

22 ‘‘$360,000,000’’; Provided further, section 184(d) of the 

23 Housing and Community Development Act of 1992 is 

24 amended to read as follows: 


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1 ‘‘(d) GUARANTEE FEE.—The Secretary shall establish 

2 and collect, at the time of issuance of the guarantee, a fee 

3 for the guarantee of loans under this section, in an amount 

4 not exceeding 3 percent of the principal obligation of the 

5 loan. The Secretary may also establish and collect annual 

6 premium payments in an amount not exceeding 1 percent 

7 of the remaining guaranteed balance (excluding the portion 

8 of the remaining balance attributable to the fee collected at 

9 the time of issuance of the guarantee). The Secretary shall 

10 establish the amount of the fees and premiums by pub11 lishing a notice in the Federal Register. The Secretary shall 

12 deposit any fees and premiums collected under this sub13 section in the Indian Housing Loan Guarantee Fund estab14 lished under subsection (i).’’. 

15 SEC. 1807. Notwithstanding section 1101, the level for 

16 ‘‘Department of Housing and Urban Development, Public 

17 and Indian Housing, Tenant-Based Rental Assistance’’ 

18 shall be $14,939,369,000, to remain available until ex19 pended, which shall be available on October 1, 2012 (in ad20 dition to the $4,000,000,000 previously appropriated under 

21 such heading that became available on October 1, 2012), 

22 and, notwithstanding section 1111, an additional 

23 $4,000,000,000, to remain available until expended, shall 

24 be available on October 1, 2013: Provided, That of the 

25 amounts available for such heading, $1,375,000,000 shall 


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1 be for activities specified in paragraph (3) under such head2 ing in title II of division C of Public Law 112–55: Provided 

3 further, That in applying paragraph 1 under such heading 

4 in such Public Law to 2013, under the penultimate proviso 

5 strike ‘‘(4) for incremental’’ and all that follows up to the 

6 colon and insert ‘‘(4) for PHAs, that despite taking reason7 able cost savings measures, as determined by the Secretary, 

8 would otherwise be required to terminate participating 

9 families from the program due to insufficient funds’’. 

10 SEC. 1808. The heading ‘‘DEPARTMENT OF HOUSING

11 AND URBAN DEVELOPMENT, PUBLIC AND INDIAN HOUSING, 

12 HOUSING CERTIFICATE FUND (RESCISSION)’’ in division C 

13 of Public Law 112–55 shall be applied by striking ‘‘(RE14 SCISSION)’’ in the heading and by replacing all of the lan15 guage under such heading with the language under such 

16 heading in division A of Public Law 111–117 and by strik17 ing ‘‘2010’’ in such replacement language and inserting 

18 ‘‘2013’’. 

19 SEC. 1809. Notwithstanding section 1101, the level for 

20 ‘‘Department of Housing and Urban Development, Public 

21 and Indian Housing, Public Housing Operating Fund’’ 

22 shall be $4,262,010,000: Provided, That such heading shall 

23 be applied in fiscal year 2013 by striking ‘‘, of which’’ and 

24 all that follows up to the period. 


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1 SEC. 1810. Section 216 in division C of Public Law 

2 112–55 shall be applied in fiscal year 2013 by striking 

3 ‘‘September 30, 2012’’ and inserting ‘‘September 30, 2013’’. 

4 DIVISION G—OTHER MATTERS 

5 SEC. 3001. (a) There is hereby rescinded the applicable 

6 percentage (as specified in subsection (b)) of the budget au7 thority provided (or obligation limit imposed) for fiscal 

8 year 2013 for any discretionary account in divisions A 

9 through E of this Act; and 

10 (b) For purposes of subsection (a), the applicable per11 centage shall be— 

12 (1) for budget authority in the nonsecurity cat13 egory (as defined in section 250(c)(4)(A) of the Bal14 anced Budget and Emergency Deficit Control Act of 

15 1985, in— 

16 (A) divisions A and E, 2.513. percent; and 

17 (B) division B, 1.877 percent; and 

18 (2) for budget authority in the security category 

19 (as defined in section 250(c)(4)(B) of the Balanced 

20 Budget and Emergency Deficit Control Act of 1985), 

21 0.1 percent. 

22 (c) Any rescission made by subsection (a) shall be ap23 plied proportionately— 

24 (1) to each discretionary account and each item 

25 of budget authority described in such subsection; and 


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1 (2) within each such account and item, to each 

2 program, project, and activity (with programs, 

3 projects, and activities as delineated in the applicable 

4 appropriation Act or accompanying reports covering 

5 such account or item). 

6 (d) This section shall not apply to amounts designated 

7 by the Congress for Overseas Contingency Operations/Glob8 al War on Terrorism pursuant to section 251(b)(2)(A) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985 or as being for disaster relief pursuant to section 

11 251(b)(2)(D) of such Act; and 

12 (e) Within 30 days after the date of the enactment of 

13 this section, the Director of the Office of Management and 

14 Budget shall submit to the Committees on Appropriations 

15 of the House of Representatives and the Senate a report 

16 specifying the account and amount of each rescission made 

17 pursuant to this section. 

18 SEC. 3002. Notwithstanding any other provision of 

19 this Act, if, on or after the date of enactment of this Act, 

20 a sequestration order issued by the President pursuant to 

21 section 251A(7)(A) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985 is in effect, the reductions in 

23 each discretionary account under such order shall apply to 

24 the amounts provided in this Act consistent with section 


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1 253(f) of that Act, and shall be in addition to any reduc2 tions required by section 251(a) of that Act. 

3 SEC. 3003. (a) The head of any Executive branch de4 partment, agency, board, commission, or office funded by 

5 this or any other appropriations Act shall submit annual 

6 reports to the Inspector General or senior ethics official for 

7 any entity without an Inspector General, regarding the 

8 costs and contracting procedures related to each conference 

9 held by any such department, agency, board, commission, 

10 or office during fiscal year 2013 for which the cost to the 

11 United States Government was more than $100,000. 

12 (b) Each report submitted shall include, for each con13 ference described in subsection (a) held during the applica14 ble period— 

15 (1) a description of its purpose; 

16 (2) the number of participants attending; 

17 (3) a detailed statement of the costs to the United 

18 States Government, including— 

19 (A) the cost of any food or beverages; 

20 (B) the cost of any audio-visual services; 

21 (C) the cost of employee or contractor travel 

22 to and from the conference; and 

23 (D) a discussion of the methodology used to 

24 determine which costs relate to the conference; 

25 and 


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1 (4) a description of the contracting procedures 

2 used including— 

3 (A) whether contracts were awarded on a 

4 competitive basis; and 

5 (B) a discussion of any cost comparison 

6 conducted by the departmental component or of7 fice in evaluating potential contractors for the 

8 conference. 

9 (c) Within 15 days of the date of a conference held 

10 by any Executive branch department, agency, board, com11 mission, or office funded by this or any other appropria12 tions Act during fiscal year 2013 for which the cost to the 

13 United States Government was more than $20,000, the head 

14 of any such department, agency, board, commission, or of15 fice shall notify the Inspector General or senior ethics offi16 cial for any entity without an Inspector General, of the 

17 date, location, and number of employees attending such con18 ference. 

19 (d) A grant or contract funded by amounts appro20 priated by this or any other appropriations Act to an Exec21 utive branch agency may not be used for the purpose of 

22 defraying the costs of a conference described in subsection 

23 (c) that is not directly and programmatically related to the 

24 purpose for which the grant or contract was awarded, such 

25 as a conference held in connection with planning, training, 


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1 assessment, review, or other routine purposes related to a 

2 project funded by the grant or contract. 

3 (e) None of the funds made available in this or any 

4 other appropriations Act may be used for travel and con5 ference activities that are not in compliance with Office of 

6 Management and Budget Memorandum M–12–12 dated 

7 May 11, 2012. 

8 SEC. 3004. (a) If, for fiscal year 2013, the amount of 

9 new budget authority provided in appropriation Acts ex10 ceeds the discretionary spending limits set forth in section 

11 251(c)(2) of the Balanced Budget and Emergency Deficit 

12 Control Act on new budget authority for any category due 

13 to estimating differences with the Congressional Budget Of14 fice, the Director of the Office of Management and Budget 

15 shall increase the applicable percentage in subsection (c) 

16 with respect to that category by such amount as is necessary 

17 to eliminate the amount of the excess in that category. 

18 (b) Subject to subsection (a), there is hereby rescinded 

19 the applicable percentage (as specified in subsection (c)) 

20 of— 

21 (1) the budget authority provided (or obligation 

22 limit imposed) for fiscal year 2013 for any discre23 tionary account in divisions A through F of this Act; 

24 (2) the budget authority provided in any ad25 vance appropriation for fiscal year 2013 for any disVerDate Mar 15 2010 06:19 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00838 Fmt 6652 Sfmt 6203 E:\BILLS\H933.PP H933

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1 cretionary account in any prior fiscal year appro2 priation Act; and 

3 (3) the contract authority provided in fiscal year 

4 2013 for any program subject to limitation incor5 porated or otherwise contained in divisions A through 

6 F of this Act. 

7 (c) For purposes of subsection (b), the applicable per8 centage shall be— 

9 (1) for budget authority in the nonsecurity cat10 egory (as defined in section 250(c)(4)(A) of the Bal11 anced Budget and Emergency Deficit Control Act of 

12 1985), 0 percent; and 

13 (2) for budget authority in the security category 

14 (as defined in section 250(c)(4)(B) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985), 

16 0 percent. 

17 (d) Any rescission made by subsection (b) shall be ap18 plied proportionately— 

19 (1) to each discretionary account and each item 

20 of budget authority described in such subsection; and 

21 (2) within each such account and item, to each 

22 program, project, and activity (with programs, 

23 projects, and activities as delineated in the applicable 

24 appropriation Act or accompanying reports covering 

25 such account or item). 


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1 (e) This section shall not apply to— 

2 (1) amounts designated by the Congress for Over3 seas Contingency Operations/Global War on Ter4 rorism pursuant to section 251(b)(2)(A) of the Bal5 anced Budget and Emergency Deficit Control Act of 

6 1985 or as being for disaster relief pursuant to section 

7 251(b)(2)(D) of such Act; or 

8 (2) the amount made available by division F of 

9 this Act for ‘‘Social Security Administration, Limita10 tion on Administrative Expenses’’ for continuing dis11 ability reviews under titles II and XVI of the Social 

12 Security Act and for the cost associated with con13 ducting redeterminations of eligibility under title XVI 

14 of the Social Security Act. 

15 (f) Within 30 days after the date of the enactment of 

16 this section, the Director of the Office of Management and 

17 Budget shall submit to the Committees on Appropriations 

18 of the House of Representatives and the Senate a report 


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841 

HR 933 PP

1 specifying the account and amount of each rescission made 

2 pursuant to this section. 

Passed the House of Representatives March 6, 

2013. 

Attest: KAREN L. HAAS, 

Clerk. 

Passed the Senate March 20, 2013. 

Attest: NANCY ERICKSON, 

Secretary. 


smartinez on DSK6TPTVN1PROD with BILLS