[Congressional Record Volume 159, Number 32 (Wednesday, March 6, 2013)]
[House]
[Pages H997-H1316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF DEFENSE, MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND
FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2013
General Leave
Mr. ROGERS of Kentucky. I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the consideration of H.R. 933 and that I
may include tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. ROGERS of Kentucky. Mr. Speaker, pursuant to House Resolution 99,
I call up the bill (H.R. 933) making appropriations for the Department
of Defense, the Department of Veterans Affairs, and other departments
and agencies for the fiscal year ending September 30, 2013, and for
other purposes, and ask for its immediate consideration.
[[Page H998]]
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 99, the
amendment printed in House Report 113-12 is adopted, and the bill, as
amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 933
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense,
Military Construction and Veterans Affairs, and Full-Year
Continuing Appropriations Act, 2013''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Division A--Department of Defense Appropriations Act, 2013
Division B--Military Construction and Veterans Affairs, and Related
Agencies Appropriations Act, 2013
Division C--Full-Year Continuing Appropriations Act, 2013
Division D--Across-the-Board Reductions
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in division A, B, or C of this Act
shall be treated as referring only to the provisions of that
division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act printed in the
House of Representatives section of the Congressional Record
on or about March 7, 2013 by the Chairman of the Committee on
Appropriations of the House shall have the same effect with
respect to the allocation of funds and implementation of this
Act as if it were a joint explanatory statement of a
committee of conference.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available (or
rescinded, if applicable) only if the President subsequently
so designates all such amounts and transmits such
designations to the Congress.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2013, for military functions
administered by the Department of Defense and for other
purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty, (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military
Retirement Fund, $40,199,263,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $26,902,346,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$12,531,549,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $28,052,826,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$4,456,823,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,874,023,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $658,251,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$1,722,425,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under section 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $7,981,577,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under section 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $3,153,990,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $12,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential
military purposes, $35,409,260,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law; and not to exceed $14,804,000 can be
used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Navy, and payments may be made on his certificate of
necessity for confidential military purposes,
$41,614,453,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $6,034,963,000.
[[Page H999]]
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $7,699,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes, $34,780,406,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $31,862,980,000: Provided, That not
more than $30,000,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $36,480,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be
available for centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or
implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the
office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That $8,563,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the
same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and
maintenance funds shall not apply to the funds described in
the preceding proviso: Provided further, That the transfer
authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$3,182,923,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,256,347,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $277,377,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training,
organization, and administration, of the Air Force Reserve;
repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment;
and communications, $3,261,324,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $7,154,161,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $6,494,326,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $13,516,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $335,921,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $310,594,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $529,263,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this
Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $11,133,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is
[[Page H1000]]
in addition to any other transfer authority provided
elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $287,543,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$108,759,000, to remain available until September 30, 2014.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union
and, with appropriate authorization by the Department of
Defense and Department of State, to countries outside of the
former Soviet Union, including assistance provided by
contract or by grants, for facilitating the elimination and
the safe and secure transportation and storage of nuclear,
chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and
weapon-related technology and expertise; for programs
relating to the training and support of defense and military
personnel for demilitarization and protection of weapons,
weapons components and weapons technology and expertise, and
for defense and military contacts, $519,111,000, to remain
available until September 30, 2015.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $50,198,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$6,028,754,000, to remain available for obligation until
September 30, 2015.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,535,433,000, to remain available for obligation until
September 30, 2015.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,857,823,000, to remain available for
obligation until September 30, 2015.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,641,306,000, to remain available for obligation until
September 30, 2015.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$5,741,664,000, to remain available for obligation until
September 30, 2015.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $17,382,152,000, to remain available
for obligation until September 30, 2015.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$3,036,871,000, to remain available for obligation until
September 30, 2015.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$659,897,000, to remain available for obligation until
September 30, 2015.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program, $565,371,000;
Virginia Class Submarine, $3,217,601,000;
Virginia Class Submarine (AP), $1,652,557,000;
CVN Refuelings, $1,613,392,000;
CVN Refuelings (AP), $70,010,000;
DDG-1000 Program, $669,222,000;
DDG-51 Destroyer, $4,036,628,000;
DDG-51 Destroyer (AP), $466,283,000;
Littoral Combat Ship, $1,784,959,000;
LPD-17 (AP), $263,255,000;
Joint High Speed Vessel, $189,196,000;
Moored Training Ship, $307,300,000;
LCAC Service Life Extension Program, $85,830,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $290,035,000.
Completion of Prior Year Shipbuilding Programs,
$372,573,000.
In all: $15,584,212,000, to remain available for obligation
until September 30, 2017: Provided, That additional
obligations may be incurred after September 30, 2017, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided
[[Page H1001]]
under this heading for the construction or conversion of any
naval vessel to be constructed in shipyards in the United
States shall be expended in foreign facilities for the
construction of major components of such vessel: Provided
further, That none of the funds provided under this heading
shall be used for the construction of any naval vessel in
foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$5,955,078,000, to remain available for obligation until
September 30, 2015.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$1,411,411,000, to remain available for obligation until
September 30, 2015.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$11,774,019,000, to remain available for obligation until
September 30, 2015.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment,
including spare parts and accessories therefor, ground
handling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$4,962,376,000, to remain available for obligation until
September 30, 2015.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$594,694,000, to remain available for obligation until
September 30, 2015.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $17,082,508,000, to remain available for obligation
until September 30, 2015.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $4,878,985,000, to remain
available for obligation until September 30, 2015.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$223,531,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $8,676,627,000, to remain available
for obligation until September 30, 2014.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $16,963,398,000, to remain
available for obligation until September 30, 2014: Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided
further, That funds appropriated in this paragraph shall be
available for the Cobra Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $25,432,738,000, to remain
available for obligation until September 30, 2014.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $18,631,946,000, to
remain available for obligation until September 30, 2014:
Provided, That of the funds made available in this paragraph,
$250,000,000 for the Defense Rapid Innovation Program shall
only be available for expenses, not otherwise provided for,
to include program management and oversight, to conduct
research, development, test and evaluation to include proof
of concept demonstration; engineering, testing, and
validation; and transition to full-scale production: Provided
further, That the Secretary of Defense may transfer funds
provided herein for the Defense Rapid Innovation Program to
appropriations for research, development, test and evaluation
to accomplish the purpose provided herein: Provided further,
That this transfer authority is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not
fewer than 30 days prior to making transfers from this
appropriation, notify the congressional defense committees in
writing of the details of any such transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $223,768,000, to remain available for obligation
until September 30, 2014.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,516,184,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $697,840,000, to remain available until
expended: Provided, That none of the funds provided in this
paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major components
unless such components are manufactured in the United
[[Page H1002]]
States: auxiliary equipment, including pumps, for all
shipboard services; propulsion system components (engines,
reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the
exercise of an option in a contract awarded through the
obligation of previously appropriated funds shall not be
considered to be the award of a new contract: Provided
further, That the Secretary of the military department
responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $32,715,304,000; of which $30,885,165,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available until September 30,
2014, and of which up to $15,934,952,000 may be available for
contracts entered into under the TRICARE program; of which
$521,762,000, to remain available for obligation until
September 30, 2015, shall be for procurement; and of which
$1,308,377,000, to remain available for obligation until
September 30, 2014, shall be for research, development, test
and evaluation: Provided, That, notwithstanding any other
provision of law, of the amount made available under this
heading for research, development, test and evaluation, not
less than $8,000,000 shall be available for HIV prevention
educational activities undertaken in connection with United
States military training, exercises, and humanitarian
assistance activities conducted primarily in African nations:
Provided further, That of the funds provided to develop a
joint Department of Defense--Department of Veterans Affairs
(DOD-VA) integrated Electronic Health Record, not more than
25 percent may be obligated until the DOD-VA Interagency
Program Office submits to the Committees on Appropriations of
both Houses of Congress, and such Committees approve, a plan
for expenditure that: (1) defines the budget and cost
baseline for development of the integrated Electronic Health
Record; (2) identifies the deployment timeline for the system
for both agencies; (3) breaks out annual and total spending
for each Department; (4) relays detailed cost-sharing
business rules; (5) establishes data standardization
schedules between the Departments; (6) has been submitted to
the Government Accountability Office for review; and (7)
complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of
the Federal Government.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $1,301,786,000, of which $635,843,000 shall
be for operation and maintenance, of which no less than
$53,948,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $22,214,000 for
activities on military installations and $31,734,000, to
remain available until September 30, 2014, to assist State
and local governments; $18,592,000 shall be for procurement,
to remain available until September 30, 2015, of which
$1,823,000 shall be for the Chemical Stockpile Emergency
Preparedness Program to assist State and local governments;
and $647,351,000, to remain available until September 30,
2014, shall be for research, development, test and
evaluation, of which $627,705,000 shall only be for the
Assembled Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $1,159,263,000: Provided, That the funds
appropriated under this heading shall be available for
obligation for the same time period and for the same purpose
as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority contained elsewhere in this
Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $350,321,000, of which
$347,621,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; and of which $2,700,000, to
remain available until September 30, 2015, shall be for
procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $534,421,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $4,000,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to
June 30, 2013: Provided further, That transfers among
military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled ``Explanation of Project Level Adjustments'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), the
obligation and expenditure of amounts appropriated or
otherwise made available in this
[[Page H1003]]
Act for those programs, projects, and activities for which
the amounts appropriated exceed the amounts requested are
hereby required by law to be carried out in the manner
provided by such tables to the same extent as if the tables
were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between
appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the
baseline for application of reprogramming and transfer
authorities for fiscal year 2013: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 10-
day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act
may be used for a multiyear contract executed after the date
of the enactment of this Act unless in the case of any such
contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows:
F/A-18E, F/A-18F, and EA-18G aircraft; up to 10 DDG-51
Arleigh Burke class Flight IIA guided missile destroyers, as
well as the AEGIS Weapon Systems, MK 41 Vertical Launching
Systems, and Commercial Broadband Satellite Systems
associated with those vessels; SSN-774 Virginia class
submarine and government-furnished equipment; CH-47 Chinook
helicopter; and V-22 Osprey aircraft variants.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated
states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2013, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2014 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2014 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2014.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
section shall not apply to those members who have reenlisted
with this option prior to October 1, 1987: Provided further,
That this section applies only to active components of the
Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost
of the components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive
[[Page H1004]]
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations that such an
acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8017. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8018. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8019. In addition to the funds provided elsewhere in
this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing
Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a
subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States
Code, shall be considered a contractor for the purposes of
being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with
respect to any fiscal year: Provided further, That
notwithstanding section 1906 of title 41, United States Code,
this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial
items produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8021. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8022. (a) Of the funds made available in this Act, not
less than $38,634,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $28,404,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $9,298,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $932,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 2013 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or
for certain charitable contributions, not to include employee
participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2013,
not more than 5,750 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided; That of
the specific amount referred to previously in this
subsection, not more than 1,125 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2014 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year and the associated budget estimates.
Sec. 8024. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy,
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8025. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8026. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8027. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2013. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8028. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
[[Page H1005]]
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$250,000.
Sec. 8031. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2014 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2014 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2014 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8032. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2014: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947, as amended, shall
remain available until September 30, 2014.
Sec. 8033. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
Sec. 8034. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8035. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8036. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support: Provided, That
this limitation shall not apply to contracts in an amount of
less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense,
who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national
defense.
Sec. 8037. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats; or
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense.
Sec. 8038. None of the funds made available in this Act
may be used to approve or license the sale of the F-22A
advanced tactical fighter to any foreign government:
Provided, That the Department of Defense may conduct or
participate in studies, research, design and other activities
to define and develop a future export version of the F-22A
that protects classified and sensitive information,
technologies and U.S. warfighting capabilities.
Sec. 8039. The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' to make grants and supplement
other Federal funds in accordance with the guidance provided
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Sec. 8040. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall
[[Page H1006]]
have full authority to enter into a contract for the
performance of any commercial or industrial type function of
the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.
(rescissions)
Sec. 8041. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51
Destroyer, $98,400,000;
``Shipbuilding and Conversion, Navy, 2007/ 2018'': DDG-51
Destroyer Advance Procurement, $2,500,000;
``Shipbuilding and Conversion, Navy, 2007/ 2018'': CVN
Refueling Overhaul, $14,100,000;
``Procurement of Ammunition, Army, 2011/ 2013'',
$14,862,000;
``Other Procurement, Army, 2011/2013'', $108,098,000;
``Aircraft Procurement, Navy, 2011/2013'', $43,860,000;
``Shipbuilding and Conversion, Navy, 2011/ 2015'': DDG-51
Destroyer, $215,300,000;
``Weapons Procurement, Navy, 2011/2013'', $22,000,000;
``Aircraft Procurement, Air Force, 2011/2013'',
$93,400,000;
``Other Procurement, Air Force, 2011/2013'', $9,500,000;
``Operation and Maintenance, Defense-Wide, 2012/XXXX'',
$21,000,000;
``Aircraft Procurement, Army, 2012/2014'', $47,400,000;
``Other Procurement, Army, 2012/2014'', $179,608,000;
``Aircraft Procurement, Navy, 2012/2014'', $19,040,000;
``Shipbuilding and Conversion, Navy, 2012/ 2016'': Littoral
Combat Ship, $28,800,000;
``Shipbuilding and Conversion, Navy, 2012/ 2016'': DDG-51
Destroyer, $83,000,000;
``Weapons Procurement, Navy, 2012/2014'', $36,467,000;
``Procurement of Ammunition, Navy and Marine Corps, 2012/
2014'', $16,300,000;
``Procurement, Marine Corps, 2012/2014'', $132,555,000;
``Aircraft Procurement, Air Force, 2012/2014'',
$394,299,000;
``Missile Procurement, Air Force, 2012/2014'', $52,898,000;
``Other Procurement, Air Force, 2012/2014'', $55,800,000;
``Procurement, Defense-Wide, 2012/2014'', $16,000,000;
``Research, Development, Test and Evaluation, Army, 2012/
2013'', $41,000,000;
``Research, Development, Test and Evaluation, Navy, 2012/
2013'', $246,800,000;
``Research, Development, Test and Evaluation, Air Force,
2012/2013'', $149,460,000.
Sec. 8042. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a
direct result of a reduction in military force structure.
Sec. 8043. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose.
Sec. 8044. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing
in this section authorizes deviation from established Reserve
and National Guard personnel and training procedures.
Sec. 8045. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2003,
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8046. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8047. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8048. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8049. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
Sec. 8050. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate are
notified 15 days in advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8051. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8052. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged
[[Page H1007]]
with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of
such personnel in connection with support and services for
eligible organizations and activities outside the Department
of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8053. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section
may not exceed an amount equal to 1 percent of the total
appropriation for that account.
Sec. 8054. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8055. Using funds made available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United
States anthracite as the base load energy for municipal
district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical
Center and Ramstein Air Base, furnished heat may be obtained
from private, regional or municipal services, if provisions
are included for the consideration of United States coal as
an energy source.
Sec. 8056. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8057. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211,
8215, and 9404.
Sec. 8058. (a) None of the funds made available by this Act
may be used to support any training program involving a unit
of the security forces or police of a foreign country if the
Secretary of Defense has received credible information from
the Department of State that the unit has committed a gross
violation of human rights, unless all necessary corrective
steps have been taken.
(b) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
conduct any training program referred to in subsection (a),
full consideration is given to all credible information
available to the Department of State relating to human rights
violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required by
extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a
report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign
security forces involved in the training program, and the
information relating to human rights violations that
necessitates the waiver.
Sec. 8059. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8060. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated
45 days after a report, including a description of the
project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8061. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
Sec. 8062. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized
by law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8063. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8064. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8065. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as
[[Page H1008]]
may be approved by the Chief of the National Guard Bureau, or
his designee, on a case-by-case basis.
Sec. 8066. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located: Provided, That in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
(including transfer of funds)
Sec. 8067. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $133,381,000
shall remain available until expended: Provided, That
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8068. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat.
3009-111; 10 U.S.C. 113 note) shall continue in effect to
apply to disbursements that are made by the Department of
Defense in fiscal year 2013.
(including transfer of funds)
Sec. 8069. During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and
Maintenance, Defense-Wide'' may be transferred to the
Department of State ``Global Security Contingency Fund'':
Provided, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of Defense
shall, not fewer than 30 days prior to making transfers to
the Department of State ``Global Security Contingency Fund'',
notify the congressional defense committees in writing with
the source of funds and a detailed justification, execution
plan, and timeline for each proposed project.
Sec. 8070. In addition to amounts provided elsewhere in
this Act, $4,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, that upon the determination of the Secretary of
Defense that it shall serve the national interest, these
funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family
members when confronted with the illness or hospitalization
of an eligible military beneficiary.
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$479,736,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $211,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to
counter short-range rocket threats, $149,679,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development
under the SRBMD program, of which $39,200,000 shall be for
production activities of SRBMD missiles in the United States
and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and
procedures, $74,692,000 shall be available for an upper-tier
component to the Israeli Missile Defense Architecture, and
$44,365,000 shall be for the Arrow System Improvement Program
including development of a long range, ground and airborne,
detection suite: Provided further, That funds made available
under this provision for production of missiles and missile
components may be transferred to appropriations available for
the procurement of weapons and equipment, to be merged with
and to be available for the same time period and the same
purposes as the appropriation to which transferred: Provided
further, That the transfer authority provided under this
provision is in addition to any other transfer authority
contained in this Act.
Sec. 8072. (a) None of the funds available to the
Department of Defense may be obligated to modify command and
control relationships to give Fleet Forces Command
operational and administrative control of U.S. Navy forces
assigned to the Pacific fleet.
(b) None of the funds available to the Department of
Defense may be obligated to modify command and control
relationships to give United States Transportation Command
operational and administrative control of C-130 and KC-135
forces assigned to the Pacific and European Air Force
Commands.
(c) The command and control relationships in subsections
(a) and (b) which existed on March 13, 2011, shall remain in
force unless changes are specifically authorized in a
subsequent Act.
(d) This subsection does not apply to administrative
control of Navy Air and Missile Defense Command.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$372,573,000 shall be available until September 30, 2013, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of the Navy shall
transfer funds to the following appropriations in the amounts
specified: Provided further, That the amounts transferred
shall be merged with and be available for the same purposes
as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy,
2007/2013'': LHA Replacement Program $156,685,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy,
2008/2013'': LPD-17 Amphibious Transport Dock Program
$80,888,000; and
(3) Under the heading ``Shipbuilding and Conversion, Navy,
2009/2013'': CVN Refueling Overhauls Program $135,000,000.
Sec. 8074. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2013 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2013.
Sec. 8075. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8076. The budget of the President for fiscal year
2014 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, and the Procurement accounts: Provided, That these
documents shall include a description of the funding
requested for each contingency operation, for each military
service, to include all Active and Reserve components, and
for each appropriations account: Provided further, That these
documents shall include estimated costs for each element of
expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic
data including, but not limited to, troop strength for each
Active and Reserve component, and estimates of the major
weapons systems deployed in support of each contingency:
Provided further, That these documents shall include budget
exhibits OP-5 and OP-32 (as defined in the Department of
Defense Financial Management Regulation) for all contingency
operations for the budget year and the two preceding fiscal
years.
Sec. 8077. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8078. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $44,000,000
is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of
Defense that it shall serve the national interest, he shall
make grants in the amounts specified as follows: $20,000,000
to the United Service Organizations and $24,000,000 to the
Red Cross.
Sec. 8079. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8080. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth
[[Page H1009]]
Amendment of the United States Constitution as implemented
through Executive Order No. 12333.
Sec. 8081. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national
security emergency or to meet dire operational requirements
of the Armed Forces.
(including transfer of funds)
Sec. 8082. The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation to
any available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any
ship construction program appropriated in law: Provided, That
the Secretary may transfer not to exceed $100,000,000 under
the authority provided by this section: Provided further,
That the Secretary may not transfer any funds until 30 days
after the proposed transfer has been reported to the
Committees on Appropriations of the House of Representatives
and the Senate, unless a response from the Committees is
received sooner: Provided further, That any funds transferred
pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided
further, That the transfer authority provided by this section
is in addition to any other transfer authority contained
elsewhere in this Act.
Sec. 8083. For purposes of section 7108 of title 41,
United States Code, any subdivision of appropriations made
under the heading ``Shipbuilding and Conversion, Navy'' that
is not closed at the time reimbursement is made shall be
available to reimburse the Judgment Fund and shall be
considered for the same purposes as any subdivision under the
heading ``Shipbuilding and Conversion, Navy'' appropriations
in the current fiscal year or any prior fiscal year.
Sec. 8084. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Gray Eagle Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8085. Up to $15,000,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for this
purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds
may not be obligated to provide assistance to any foreign
country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8086. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2014.
Sec. 8087. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8088. The Director of National Intelligence shall
include the budget exhibits identified in paragraphs (1) and
(2) as described in the Department of Defense Financial
Management Regulation with the congressional budget
justification books:
(1) For procurement programs requesting more than
$10,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning;
P-21, Production Schedule; and P-40, Budget Item
Justification.
(2) For research, development, test and evaluation projects
requesting more than $5,000,000 in any fiscal year, the R-1,
Research, Development, Test and Evaluation Program; R-2,
Research, Development, Test and Evaluation Budget Item
Justification; R-3, Research, Development, Test and
Evaluation Project Cost Analysis; and R-4, Research,
Development, Test and Evaluation Program Schedule Profile.
Sec. 8089. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2013:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
(including transfer of funds)
Sec. 8090. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $20,000,000 is available for
transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide
information sharing activities: Provided, That funds
transferred under this provision are to be merged with and
available for the same purposes and time period as the
appropriation to which transferred: Provided further, That
the Office of Management and Budget must approve any
transfers made under this provision.
Sec. 8091. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
1(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified
30 days in advance of such reprogramming of funds; this
notification period may be reduced for urgent national
security requirements.
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
1(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the
Act unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national
security requirements.
Sec. 8092. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-
years intelligence program (including associated annexes)
reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect
to which the budget is submitted and at least the four
succeeding fiscal years.
Sec. 8093. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8094. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
New Dawn and Operation Enduring Freedom, or any other named
operations in the U.S. Central Command area of operation on a
monthly basis in the Cost of War Execution Report as
prescribed in the Department of Defense Financial Management
Regulation Department of Defense Instruction 7000.14, Volume
12, Chapter 23 ``Contingency Operations'', Annex 1, dated
September 2005.
(including transfer of funds)
Sec. 8095. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.
(including transfer of funds)
Sec. 8096. Funds appropriated by this Act for operation
and maintenance may be available for the purpose of making
remittances to the Defense Acquisition Workforce Development
Fund in accordance with the requirements of section 1705 of
title 10, United States Code.
Sec. 8097. (a) Any agency receiving funds made available in
this Act, shall, subject to
[[Page H1010]]
subsections (b) and (c), post on the public Web site of that
agency any report required to be submitted by the Congress in
this or any other Act, upon the determination by the head of
the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8098. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or
arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' is
an entity that has a subcontract in excess of $1,000,000 on a
contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
Sec. 8099. None of the funds made available under this Act
may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
(including transfer of funds)
Sec. 8100. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $139,204,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance
with the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated
as a combined Federal medical facility as described by
section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated
for operation and maintenance for the Defense Health Program
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 8101. The Office of the Director of National
Intelligence shall not employ more Senior Executive employees
than are specified in the classified annex.
Sec. 8102. None of the funds appropriated or otherwise
made available by this Act may be obligated or expended to
pay a retired general or flag officer to serve as a senior
mentor advising the Department of Defense unless such retired
officer files a Standard Form 278 (or successor form
concerning public financial disclosure under part 2634 of
title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8103. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light
armored vehicles for the physical security of personnel or
for force protection purposes up to a limit of $250,000 per
vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 8104. Of the amounts appropriated for ``Operation and
Maintenance, Defense-Wide'', the following amounts shall be
available to the Secretary of Defense, for the following
authorized purposes, notwithstanding any other provision of
law, acting through the Office of Economic Adjustment of the
Department of Defense, to make grants, conclude cooperative
agreements, and supplement other Federal funds, to remain
available until expended, to assist the civilian population
of Guam in response to the military buildup of Guam: (1)
$13,000,000 for addressing the need for construction of a
regional public health laboratory; and (2) $106,400,000 for
addressing the need for civilian water and wastewater
improvements: Provided, That the Secretary of Defense shall,
not fewer than 15 days prior to obligating funds for either
of the foregoing purposes, notify the congressional defense
committees in writing of the details of any such obligation.
(including transfer of funds)
Sec. 8105. There is hereby established in the Treasury of
the United States the ``Ship Modernization, Operations and
Sustainment Fund''. There is appropriated $2,382,100,000, for
the ``Ship Modernization, Operations and Sustainment Fund'',
to remain available until September 30, 2014: Provided, That
the Secretary of the Navy shall transfer funds from the
``Ship Modernization, Operations and Sustainment Fund'' to
appropriations for military personnel; operation and
maintenance; research, development, test and evaluation; and
procurement, only for the purposes of manning, operating,
sustaining, equipping and modernizing the Ticonderoga-class
guided missile cruisers CG-63, CG-64, CG-65, CG-66, CG-68,
CG-69, CG-73, and the Whidbey Island-class dock landing ships
LSD-41 and LSD-46: Provided further, That funds transferred
shall be merged with and be available for the same purposes
and for the same time period as the appropriation to which
they are transferred: Provided further, That the transfer
authority provided herein shall be in addition to any other
transfer authority available to the Department of Defense:
Provided further, That the Secretary of the Navy shall, not
less than 30 days prior to making any transfer from the
``Ship Modernization, Operations and Sustainment Fund'',
notify the congressional defense committees in writing of the
details of such transfer.
Sec. 8106. None of the funds made available by this Act
may be used by the Secretary of Defense to take beneficial
occupancy of more than 2,500 parking spaces (other than
handicap-reserved spaces) to be provided by the BRAC 133
project: Provided, That this limitation may be waived in part
if: (1) the Secretary of Defense certifies to Congress that
levels of service at existing intersections in the vicinity
of the project have not experienced failing levels of service
as defined by the Transportation Research Board Highway
Capacity Manual over a consecutive 90-day period; (2) the
Department of Defense and the Virginia Department of
Transportation agree on the number of additional parking
spaces that may be made available to employees of the
facility subject to continued 90-day traffic monitoring; and
(3) the Secretary of Defense notifies the congressional
defense committees in writing at least 14 days prior to
exercising this waiver of the number of additional parking
spaces to be made available.
Sec. 8107. Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall resume
quarterly reporting of the numbers of civilian personnel end
strength by appropriation account for each and every
appropriation account used to finance Federal civilian
personnel salaries to the congressional defense committees
within 15 days after the end of each fiscal quarter.
Sec. 8108. None of the funds appropriated in this or any
other Act may be used to plan, prepare for, or otherwise take
any action to undertake or implement the separation of the
National Intelligence Program budget from the Department of
Defense budget.
(including transfer of funds)
Sec. 8109. Upon a determination by the Director of
National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of
the Office of Management and Budget, transfer not to exceed
$2,000,000,000 of the funds made available in this Act for
the National Intelligence Program: Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a
request for multiple reprogrammings of funds using authority
provided in this section shall be made prior to June 30,
2013.
(including transfer of funds)
Sec. 8110. In addition to amounts provided elsewhere in
the Act, there is appropriated $270,000,000 for an additional
amount for ``Operation and Maintenance, Defense-Wide'', to
[[Page H1011]]
be available until expended: Provided, That such funds shall
only be available to the Secretary of Defense, acting through
the Office of Economic Adjustment of the Department of
Defense, or for transfer to the Secretary of Education,
notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal
funds to construct, renovate, repair, or expand elementary
and secondary public schools on military installations in
order to address capacity or facility condition deficiencies
at such schools: Provided further, That in making such funds
available, the Office of Economic Adjustment or the Secretary
of Education shall give priority consideration to those
military installations with schools having the most serious
capacity or facility condition deficiencies as determined by
the Secretary of Defense: Provided further, That funds may
not be made available for a school unless its enrollment of
Department of Defense-connected children is greater than 50
percent.
Sec. 8111. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8112. (a)(1) Except as provided in paragraph (2) and
subsection (d), none of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer any individual detained at Guantanamo to the custody
or control of the individual's country of origin, any other
foreign country, or any other foreign entity unless the
Secretary of Defense submits to Congress the certification
described in subsection (b) not later than 30 days before the
transfer of the individual.
(2) Paragraph (1) shall not apply to any action taken by
the Secretary to transfer any individual detained at
Guantanamo to effectuate--
(A) an order affecting the disposition of the individual
that is issued by a court or competent tribunal of the United
States having lawful jurisdiction (which the Secretary shall
notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.
(b) A certification described in this subsection is a
written certification made by the Secretary of Defense, with
the concurrence of the Secretary of State and in consultation
with the Director of National Intelligence, that--
(1) the government of the foreign country or the recognized
leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(A) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(B) maintains control over each detention facility in which
the individual is to be detained if the individual is to be
housed in a detention facility;
(C) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
exercise control over the individual;
(D) has taken or agreed to take effective actions to ensure
that the individual cannot take action to threaten the United
States, its citizens, or its allies in the future;
(E) has taken or agreed to take such actions as the
Secretary of Defense determines are necessary to ensure that
the individual cannot engage or re-engage in any terrorist
activity; and
(F) has agreed to share with the United States any
information that--
(i) is related to the individual or any associates of the
individual; and
(ii) could affect the security of the United States, its
citizens, or its allies; and
(2) includes an assessment, in classified or unclassified
form, of the capacity, willingness, and past practices (if
applicable) of the foreign country or entity in relation to
the Secretary's certifications.
(c)(1) Except as provided in paragraph (2) and subsection
(d), none of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer
any individual detained at Guantanamo to the custody or
control of the individual's country of origin, any other
foreign country, or any other foreign entity if there is a
confirmed case of any individual who was detained at United
States Naval Station, Guantanamo Bay, Cuba, at any time after
September 11, 2001, who was transferred to such foreign
country or entity and subsequently engaged in any terrorist
activity.
(2) Paragraph (1) shall not apply to any action taken by
the Secretary to transfer any individual detained at
Guantanamo to effectuate--
(A) an order affecting the disposition of the individual
that is issued by a court or competent tribunal of the United
States having lawful jurisdiction (which the Secretary shall
notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.
(d)(1) The Secretary of Defense may waive the applicability
to a detainee transfer of a certification requirement
specified in subparagraph (D) or (E) of subsection (b)(1) or
the prohibition in subsection (c), if the Secretary certifies
the rest of the criteria required by subsection (b) for
transfers prohibited by (c) and, with the concurrence of the
Secretary of State and in consultation with the Director of
National Intelligence, determines that--
(A) alternative actions will be taken to address the
underlying purpose of the requirement or requirements to be
waived;
(B) in the case of a waiver of subparagraph (D) or (E) of
subsection (b)(1), it is not possible to certify that the
risks addressed in the paragraph to be waived have been
completely eliminated, but the actions to be taken under
subparagraph (A) will substantially mitigate such risks with
regard to the individual to be transferred;
(C) in the case of a waiver of subsection (c), the
Secretary has considered any confirmed case in which an
individual who was transferred to the country subsequently
engaged in terrorist activity, and the actions to be taken
under subparagraph (A) will substantially mitigate the risk
of recidivism with regard to the individual to be
transferred; and
(D) the transfer is in the national security interests of
the United States.
(2) Whenever the Secretary makes a determination under
paragraph (1), the Secretary shall submit to the appropriate
committees of Congress, not later than 30 days before the
transfer of the individual concerned, the following:
(A) A copy of the determination and the waiver concerned.
(B) A statement of the basis for the determination,
including--
(i) an explanation why the transfer is in the national
security interests of the United States; and
(ii) in the case of a waiver of subparagraph (D) or (E) of
subsection (b)(1), an explanation why it is not possible to
certify that the risks addressed in the subparagraph to be
waived have been completely eliminated.
(C) A summary of the alternative actions to be taken to
address the underlying purpose of, and to mitigate the risks
addressed in, the subparagraph or subsection to be waived.
(D) The assessment required by subsection (b)(2).
(e) In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The term ``individual detained at Guantanamo'' means
any individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of the Department
of Defense; or
(ii) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
(3) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
Sec. 8113. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8114. None of the funds made available by this Act
may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless the agency has considered suspension or debarment of
the corporation and made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 8115. None of the funds made available by this Act
may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to,
[[Page H1012]]
or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency
has considered suspension or debarment of the corporation and
made a determination that this further action is not
necessary to protect the interests of the Government.
Sec. 8116. None of the funds made available by this Act
may be used in contravention of section 1590 or 1591 of title
18, United States Code, or in contravention of the
requirements of section 106(g) or (h) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7104(g) or (h)).
Sec. 8117. None of the funds made available by this Act
for International Military education and training, foreign
military financing, excess defense article, assistance under
section 1206 of the National Defense Authorization Act for
Fiscal year 2006 (Public Law 109-163; 119 Stat. 3456)
issuance for direct commercial sales of military equipment,
or peacekeeping operations for the countries of Chad, Yemen,
Somalia, Sudan, the Democratic Republic of the Congo, and
Burma may be used to support any military training or
operation that include child soldiers, as defined by the
Child Soldiers Prevention Act of 2008, and except if such
assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008 (Public Law 110-457; 22
U.S.C. 2370c-1).
Sec. 8118. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8119. None of the funds made available by this Act
may be used to retire, divest, realign, or transfer Air Force
aircraft, to disestablish or convert units associated with
such aircraft, or to disestablish or convert any other unit
of the Air National Guard or Air Force Reserve: Provided,
That this section shall not apply to actions affecting C-5,
C-17, or E-8 aircraft, or the units associated with such
aircraft: Provided further, That this section shall continue
in effect through the date of enactment of an Act authorizing
appropriations for fiscal year 2013 for military activities
of the Department of Defense.
Sec. 8120. The Secretary of the Air Force shall obligate
and expend funds previously appropriated for the procurement
of RQ-4B Global Hawk and C-27J Spartan aircraft for the
purposes for which such funds were originally appropriated.
Sec. 8121. It is the Sense of the Senate that the next
available capital warship of the U.S. Navy be named the USS
Ted Stevens to recognize the public service achievements,
military service sacrifice, and undaunted heroism and courage
of the long-serving United States Senator for Alaska.
Sec. 8122. None of the funds made available by this Act
shall be used to retire C-23 Sherpa aircraft.
Sec. 8123. The total amount available in the Act for pay
for civilian personnel of the Department of Defense for
fiscal year 2013 shall be the amount otherwise appropriated
or made available by this Act for such pay reduced by
$72,718,000.
Sec. 8124. None of the funds made available by this Act
may be used to enter into a contract for UH-60 Leak Proof
Drip Pans using procedures other than competitive procedures
(as defined in section 2302(2) of title 10, United States
Code).
Sec. 8125. None of the funds appropriated or otherwise
made available by this Act or any other Act may be used by
the Department of Defense or a component thereof in
contravention of section 1244 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
125 Stat. 1646; 22 U.S.C. 5952 note) or any provision of an
Act authorizing appropriations for the Department of Defense
for fiscal year 2013 relating to sharing classified ballistic
missile defense information with Russia.
Sec. 8126. None of the Operation and Maintenance funds
made available in this Act may be used in contravention of
section 41106 of title 49, United States Code.
Sec. 8127. None of the funds made available by this Act
may be used by the Department of Defense or any other Federal
agency to lease or purchase new light duty vehicles, for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum-Federal Fleet
Performance, dated May 24, 2011.
Sec. 8128. None of the funds made available by this Act
may be used to enter into a contract with any person or other
entity listed in the Excluded Parties List System (EPLS)/
System for Award Management (SAM) as having been convicted of
fraud against the Federal Government.
Sec. 8129. None of the funds made available by this Act
for the Department of Defense may be used to enter into a
contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan
guarantee to Rosoboronexport: Provided, That the Secretary of
Defense may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that it is in the
national security interest to do so.
Sec. 8130. None of the funds made available by this Act
may be used by the Secretary of Defense to implement an
enrollment fee for the TRICARE for Life program under chapter
55 of title 10, United States Code, that does not exist as of
the date of the enactment of this Act.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$9,790,082,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$774,225,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $1,425,156,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,286,783,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$156,893,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$39,335,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $24,722,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $25,348,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $583,804,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $10,473,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $28,452,018,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $5,839,934,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $4,116,340,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $9,249,736,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page H1013]]
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $7,714,079,000: Provided, That of the funds
provided under this heading, not to exceed $1,650,000,000, to
remain available until September 30, 2014, shall be for
payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to
United States military operations in support of Operation
Enduring Freedom, and post-operation Iraq border security
related to the activities of the Office of Security
Cooperation in Iraq, notwithstanding any other provision of
law: Provided further, That such reimbursement payments may
be made in such amounts as the Secretary of Defense, with the
concurrence of the Secretary of State, and in consultation
with the Director of the Office of Management and Budget, may
determine, in his discretion, based on documentation
determined by the Secretary of Defense to adequately account
for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following notification to the appropriate
congressional committees: Provided further, That the
requirement under this heading to provide notification to the
appropriate congressional committees shall not apply with
respect to a reimbursement for access based on an
international agreement: Provided further, That these funds
may be used for the purpose of providing specialized training
and procuring supplies and specialized equipment and
providing such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United
States military operations in Afghanistan, and 15 days
following notification to the appropriate congressional
committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph:
Provided further, That such amount in this section is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $157,887,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $55,924,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $25,477,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $60,618,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $392,448,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $34,500,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
In addition to amounts provided elsewhere in this Act,
there is appropriated $582,884,000 for the ``Overseas
Contingency Operations Transfer Fund'' for expenses directly
relating to overseas contingency operations by United States
military forces, to be available until expended: Provided,
That of the funds made available in this section, the
Secretary of Defense may transfer these funds only to
military personnel accounts, operation and maintenance
accounts, procurement accounts, and working capital fund
accounts: Provided further, That the funds made available in
this paragraph may only be used for programs, projects, or
activities categorized as Overseas Contingency Operations in
the fiscal year 2013 budget request for the Department of
Defense and the justification material and other
documentation supporting such request: Provided further, That
the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period,
as the appropriation to which transferred: Provided further,
That the Secretary shall notify the congressional defense
committees 15 days prior to such transfer: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a
determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation and shall be available for the same purposes
and for the same time period as originally appropriated:
Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Infrastructure Fund
(including transfer of funds)
For the ``Afghanistan Infrastructure Fund'', $325,000,000,
to remain available until September 30, 2014: Provided, That
such funds shall be available to the Secretary of Defense for
infrastructure projects in Afghanistan, notwithstanding any
other provision of law, which shall be undertaken by the
Secretary of State, unless the Secretary of State and the
Secretary of Defense jointly decide that a specific project
will be undertaken by the Department of Defense: Provided
further, That the infrastructure referred to in the preceding
proviso is in support of the counterinsurgency strategy,
which may require funding for facility and infrastructure
projects, including, but not limited to, water, power, and
transportation projects and related maintenance and
sustainment costs: Provided further, That the authority to
undertake such infrastructure projects is in addition to any
other authority to provide assistance to foreign nations:
Provided further, That any projects funded under this heading
shall be jointly formulated and concurred in by the Secretary
of State and Secretary of Defense: Provided further, That
funds may be transferred to the Department of State for
purposes of undertaking projects, which funds shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act: Provided
further, That the transfer authority in the preceding proviso
is in addition to any other authority available to the
Department of Defense to transfer funds: Provided further,
That any unexpended funds transferred to the Secretary of
State under this authority shall be returned to the
Afghanistan Infrastructure Fund if the Secretary of State, in
coordination with the Secretary of Defense, determines that
the project cannot be implemented for any reason, or that the
project no longer supports the counterinsurgency strategy in
Afghanistan: Provided further, That any funds returned to the
Secretary of Defense under the previous proviso shall be
available for use under this appropriation and shall be
treated in the same manner as funds not transferred to the
Secretary of State: Provided further, That contributions of
funds for the purposes provided herein to the Secretary of
State in accordance with section 635(d) of the Foreign
Assistance Act from any person, foreign government, or
international organization may be credited to this Fund, to
remain available until expended, and used for such purposes:
Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to making transfers to or from, or
obligations from the Fund, notify the appropriate committees
of Congress in writing of the details of any such transfer:
Provided further, That the ``appropriate committees of
Congress'' are the Committees on Armed Services, Foreign
Relations and Appropriations of the Senate and the Committees
on Armed Services, Foreign Affairs and Appropriations of the
House of Representatives: Provided further, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$5,124,167,000, to remain available until September 30, 2014:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Commander, Combined Security
Transition Command--Afghanistan, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including
the provision of equipment, supplies, services, training,
facility and infrastructure repair, renovation, and
construction, and funding: Provided further, That the
authority to provide assistance under this heading is in
addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of
funds for the purposes provided herein from any person,
foreign government, or international organization
[[Page H1014]]
may be credited to this Fund, to remain available until
expended, and used for such purposes: Provided further, That
the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the
obligation of any contribution, delineating the sources and
amounts of the funds received and the specific use of such
contributions: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating
from this appropriation account, notify the congressional
defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense
shall notify the congressional defense committees of any
proposed new projects or transfer of funds between budget
sub-activity groups in excess of $20,000,000: Provided
further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $550,700,000, to remain available until September 30,
2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$67,951,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $15,422,000, to remain
available until September 30, 2015: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $338,493,000, to remain available until September 30,
2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,740,157,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $215,698,000, to remain available until September 30,
2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$22,500,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $283,059,000, to remain available
until September 30, 2015: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$98,882,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$822,054,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $305,600,000, to remain available until September
30, 2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $34,350,000, to remain available until September 30,
2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $116,203,000, to remain available until
September 30, 2015: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $2,680,270,000, to remain available until September
30, 2015: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$188,099,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons and other procurement for
the reserve components of the Armed Forces, $1,500,000,000,
to remain available for obligation until September 30, 2015:
Provided, That the Chiefs of National Guard and Reserve
components shall, not later than 30 days after the enactment
of this Act, individually submit to the congressional defense
committees the modernization priority assessment for their
respective National Guard or Reserve component: Provided
further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $29,660,000, to remain available
until September 30, 2014: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $52,519,000, to remain available
until September 30, 2014: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $53,150,000, to remain available
until September 30, 2014: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $112,387,000, to remain
available until September 30, 2014: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $243,600,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$993,898,000, which shall be for operation and maintenance:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
[[Page H1015]]
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $469,025,000, to remain
available until September 30, 2014: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$1,622,614,000, to remain available until September 30, 2015:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Director of the Joint Improvised
Explosive Device Defeat Organization to investigate, develop
and provide equipment, supplies, services, training,
facilities, personnel and funds to assist United States
forces in the defeat of improvised explosive devices:
Provided further, That the Secretary of Defense may transfer
funds provided herein to appropriations for military
personnel; operation and maintenance; procurement; research,
development, test and evaluation; and defense working capital
funds to accomplish the purpose provided herein: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the Secretary of Defense
shall, not fewer than 15 days prior to making transfers from
this appropriation, notify the congressional defense
committees in writing of the details of any such transfer:
Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,766,000: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department
of Defense for fiscal year 2013.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office
of Management and Budget, transfer up to $3,500,000,000
between the appropriations or funds made available to the
Department of Defense in this title: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in the Department of
Defense Appropriations Act, 2013.
Sec. 9003. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance, ``Afghanistan
Infrastructure Fund'', or the ``Afghanistan Security Forces
Fund'' provided in this Act and executed in direct support of
overseas contingency operations in Afghanistan, may be
obligated at the time a construction contract is awarded:
Provided, That for the purpose of this section, supervision
and administration costs include all in-house Government
costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the U.S.
Central Command area of responsibility: (a) passenger motor
vehicles up to a limit of $75,000 per vehicle; and (b) heavy
and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of
$250,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9005. Not to exceed $200,000,000 of the amount
appropriated in this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program (CERP), for the purpose of enabling military
commanders in Afghanistan to respond to urgent, small-scale,
humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project
(including any ancillary or related elements in connection
with such project) executed under this authority shall not
exceed $20,000,000: Provided further, That not later than 45
days after the end of each fiscal year quarter, the Secretary
of Defense shall submit to the congressional defense
committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were
made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein: Provided further, That, not later than 30
days after the end of each month, the Army shall submit to
the congressional defense committees monthly commitment,
obligation, and expenditure data for the Commander's
Emergency Response Program in Afghanistan: Provided further,
That not less than 15 days before making funds available
pursuant to the authority provided in this section or under
any other provision of law for the purposes described herein
for a project with a total anticipated cost for completion of
$5,000,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing
each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding
any other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military
and stability operations in Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided
under this section.
Sec. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9009. None of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated
prior to the approval of a financial and activity plan by the
Afghanistan Resources Oversight Council (AROC) of the
Department of Defense: Provided, That the AROC must approve
the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000
using ASFF: Provided further, That the AROC must approve all
projects and the execution plan under the ``Afghanistan
Infrastructure Fund'' (AIF) and any project in excess of
$5,000,000 from the Commanders Emergency Response Program
(CERP): Provided further, That the Department of Defense must
certify to the congressional defense committees that the AROC
has convened and approved a process for ensuring compliance
with the requirements in the preceding provisos and
accompanying report language for the ASFF, AIF, and CERP.
Sec. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be
used to purchase items having an investment unit cost of not
more than $250,000: Provided, That, upon determination by the
Secretary of Defense that such action is necessary to meet
the operational requirements of a Commander of a Combatant
Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item
unit cost of not more than $500,000.
Sec. 9011. Notwithstanding any other provision of law, up
to $93,000,000 of funds made available in this title under
the heading ``Operation and Maintenance, Army'' may be
obligated and expended for purposes of the Task Force for
Business and Stability Operations, subject to the direction
and control of the Secretary of Defense, with concurrence of
the Secretary of State, to carry out strategic business and
economic assistance activities in Afghanistan in support of
Operation Enduring Freedom: Provided, That not less than 15
days before making funds available pursuant to the authority
provided in
[[Page H1016]]
this section for any project with a total anticipated cost of
$5,000,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing
a detailed justification and timeline for each proposed
project.
Sec. 9012. From funds made available to the Department of
Defense in this title under the heading ``Operation and
Maintenance, Air Force'' up to $508,000,000 may be used by
the Secretary of Defense, notwithstanding any other provision
of law, to support United States Government transition
activities in Iraq by funding the operations and activities
of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and
personal security, and facilities renovation and
construction: Provided, That to the extent authorized under
the National Defense Authorization Act for Fiscal Year 2013,
the operations and activities that may be carried out by the
Office of Security Cooperation in Iraq may, with the
concurrence of the Secretary of State, include non-
operational training activities in support of Iraqi Ministry
of Defense and Counter Terrorism Service personnel in an
institutional environment to address capability gaps,
integrate processes relating to intelligence, air
sovereignty, combined arms, logistics and maintenance, and to
manage and integrate defense-related institutions: Provided
further, That not later than 30 days following the enactment
of this Act, the Secretary of Defense and the Secretary of
State shall submit to the congressional defense committees a
plan for transitioning any such training activities that they
determine are needed after the end of fiscal year 2013, to
existing or new contracts for the sale of defense articles or
defense services consistent with the provisions of the Arms
Export Control Act (22 U.S.C. 2751 et seq.): Provided
further, That not less than 15 days before making funds
available pursuant to the authority provided in this section,
the Secretary of Defense shall submit to the congressional
defense committees a written notification containing a
detailed justification and timeline for the operations and
activities of the Office of Security Cooperation in Iraq at
each site where such operations and activities will be
conducted during fiscal year 2013.
(rescissions)
Sec. 9013. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That such amounts are designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
``Retroactive Stop Loss Special Pay Program, 2009/XXXX'',
$127,200,000;
``Afghanistan Security Forces Fund, 2012/2013'',
$1,000,000,000;
``Other Procurement, Army, 2012/2014'', $207,600,000;
``Procurement of Ammunition, Navy and Marine Corps, 2012/
2014'', $32,176,000;
``Procurement, Marine Corps, 2012/2014'', $2,776,000;
``Mine Resistant Ambush Protected Vehicle Fund, 2012/
2013'', $400,000,000;
``Research, Development, Test and Evaluation, Air Force,
2012/2013'', $50,000,000;
``Joint Improvised Explosive Device Defeat Fund, 2012/
2014'', $40,300,000.
Sec. 9014. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ``Operation and
Maintenance, Defense-Wide'' for payments under section 1233
of Public Law 110-181 for reimbursement to the Government of
Pakistan may be made available unless the Secretary of
Defense, in coordination with the Secretary of State,
certifies to the Committees on Appropriations that the
Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura
Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and
other domestic and foreign terrorist organizations, including
taking steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(6) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the
Secretary of State, may waive the restriction in paragraph
(a) on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives
and the Senate that it is in the national security interest
to do so: Provided, That if the Secretary of Defense, in
coordination with the Secretary of State, exercises the
authority of the previous proviso, the Secretaries shall
report to the Committees on Appropriations on both the
justification for the waiver and on the requirements of this
section that the Government of Pakistan was not able to meet:
Provided further, That such report may be submitted in
classified form if necessary.
This division may be cited as the ``Department of Defense
Appropriations Act, 2013''.
DIVISION B--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, for
military construction, the Department of Veterans Affairs,
and related agencies for the fiscal year ending September 30,
2013, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $1,684,323,000, to remain available until
September 30, 2017: Provided, That of this amount, not to
exceed $80,173,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of Army
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$1,549,164,000, to remain available until September 30, 2017:
Provided, That of this amount, not to exceed $102,619,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $322,543,000, to remain
available until September 30, 2017: Provided, That of this
amount, not to exceed $18,635,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Air Force
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $3,582,423,000,
to remain available until September 30, 2017: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That of the
amount appropriated, not to exceed $315,562,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the amount appropriated, notwithstanding any other
provision of law, $26,969,000 shall be available for payments
to the North Atlantic Treaty Organization for the planning,
design, and construction of a new North Atlantic Treaty
Organization headquarters.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$613,799,000, to remain available until September 30, 2017:
Provided, That of the amount
[[Page H1017]]
appropriated, not to exceed $26,622,000 shall be available
for study, planning, design, and architect and engineer
services, as authorized by law, unless the Director of the
Army National Guard determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$42,386,000, to remain available until September 30, 2017:
Provided, That of the amount appropriated, not to exceed
$4,000,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $305,846,000, to remain
available until September 30, 2017: Provided, That of the
amount appropriated, not to exceed $15,951,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $49,532,000, to remain available until September 30,
2017: Provided, That of the amount appropriated, not to
exceed $2,118,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $10,979,000, to remain
available until September 30, 2017: Provided, That of the
amount appropriated, not to exceed $2,879,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $254,163,000, to remain available until
expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$4,641,000, to remain available until September 30, 2017.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $530,051,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $102,182,000, to remain available until September 30,
2017.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $378,230,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$83,824,000, to remain available until September 30, 2017.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $497,829,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $52,238,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $1,786,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stockpile
of lethal chemical agents and munitions in accordance with
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, as currently authorized by law,
$151,000,000, to remain available until September 30, 2017,
which shall be only for the Assembled Chemical Weapons
Alternatives program.
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $409,396,000, to remain available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $126,697,000, to remain available until expended:
Provided, That the Department of Defense shall notify the
Committees on Appropriations of both Houses of Congress 14
days prior to obligating an amount for a construction project
that exceeds or reduces the amount identified for that
project in the most recently submitted budget request for
this account by 20 percent or $2,000,000, whichever is less:
Provided further, That the previous proviso shall not apply
to projects costing less than $5,000,000, except for those
projects not previously identified in any budget submission
for this account and exceeding the minor construction
threshold under section 2805 of title 10, United States Code.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
[[Page H1018]]
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Sea, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Sea, may be used to award any
contract estimated by the Government to exceed $1,000,000 to
a foreign contractor: Provided, That this section shall not
be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115. Not more than 20 percent of the funds made
available in this title which are limited for obligation
during the current fiscal year shall be obligated during the
last 2 months of the fiscal year.
Sec. 116. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to
the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note)
pursuant to section 207(a)(2)(C) of such Act, may be
transferred to the account established by section 2906(a)(1)
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to be merged with, and to be available for
the same purposes and the same time period as that account.
(including transfer of funds)
Sec. 119. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.
(including transfer of funds)
Sec. 120. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the accounts established by sections
2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities
and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to
pay for expenses associated with the Homeowners Assistance
Program incurred under 42 U.S.C. 3374(a)(1)(A). Any amounts
transferred shall be merged with and be available for the
same purposes and for the same time period as the fund to
which transferred.
Sec. 121. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 122. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
Sec. 123. None of the funds made available in this title,
or in any Act making appropriations for military construction
which remain available for obligation, may be obligated or
expended to carry out a military construction, land
acquisition, or family housing project at or for a military
installation approved for closure, or at a military
installation for the purposes of supporting a function that
has been approved for realignment to another installation, in
2005 under the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), unless such a project at a military installation
approved for realignment will support a continuing mission or
function at that installation or a new mission or function
that is planned for that installation, or unless the
Secretary of Defense certifies that the cost to the United
States of carrying out such project would be less than the
cost to the United States of cancelling such project, or if
the project is at an active component base that shall be
established as an enclave or in the case of projects having
multi-agency use, that another Government agency has
indicated it will assume ownership of the completed project.
The Secretary of Defense may not transfer funds made
available as a result of this limitation from any military
construction project, land acquisition, or family housing
project to another account or use such funds for another
purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This
section shall not apply to military construction projects,
land acquisition, or family housing projects for which the
project is vital to the national security or the protection
of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional
defense committees within seven days of a decision to carry
out such a military construction project.
(including transfer of funds)
Sec. 124. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
[[Page H1019]]
Sec. 125. None of the funds made available by this Act may
be used by the Secretary of Defense to take beneficial
occupancy of more than 2,500 parking spaces (other than
handicap-reserved spaces) to be provided by the BRAC 133
project: Provided, That this limitation may be waived in part
if: (1) the Secretary of Defense certifies to Congress that
levels of service at existing intersections in the vicinity
of the project have not experienced failing levels of service
as defined by the Transportation Research Board Highway
Capacity Manual over a consecutive 90-day period; (2) the
Department of Defense and the Virginia Department of
Transportation agree on the number of additional parking
spaces that may be made available to employees of the
facility subject to continued 90-day traffic monitoring; and
(3) the Secretary of Defense notifies the congressional
defense committees in writing at least 14 days prior to
exercising this waiver of the number of additional parking
spaces to be made available.
Sec. 126. None of the funds made available by this Act may
be used for any action that relates to or promotes the
expansion of the boundaries or size of the Pinon Canyon
Maneuver Site, Colorado.
Sec. 127. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 128. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10
percent of the total number of members of the regular and
reserve components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of
the Army, the Secretary complied with Army Regulation 5-10
relating to the policy, procedures, and responsibilities for
Army stationing actions.
Sec. 129. Notwithstanding any other provision of law, none
of the funds made available to the Department of Defense for
military construction in this or any other Act, may be
obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
(including rescission of funds)
Sec. 130. Of the unobligated balances available for
``Military Construction, Defense-Wide'', from prior
appropriations Acts, $20,000,000 are hereby cancelled:
Provided, That no amounts may be cancelled from amounts that
were designated by Congress as an emergency requirement or
for Overseas Contingency Operations/Global War on Terrorism
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
(including rescission of funds)
Sec. 131. Of the unobligated balances available for
``Department of Defense Base Closure Account 2005'', from
prior appropriations Acts, $132,513,000 are hereby cancelled:
Provided, That no amounts may be cancelled from amounts that
were designated by Congress as an emergency requirement or
for Overseas Contingency Operations/Global War on Terrorism
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
(including transfer of funds)
Sec. 132. Of the proceeds credited to the Department of
Defense Family Housing Improvement Fund pursuant to
subsection (c)(1)(C) of section 2883 of title 10, United
States Code, from a Department of Navy land conveyance, the
Secretary of Defense shall transfer $10,500,000 to the
Secretary of the Navy under paragraph (3) of subsection (d)
of such section for use by the Secretary of the Navy as
provided in paragraph (1) of such subsection until expended.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $60,599,855,000, to remain available until expended:
Provided, That not to exceed $9,204,000 of the amount
appropriated under this heading shall be reimbursed to
``General operating expenses, Veterans Benefits
Administration'', ``Medical support and compliance'', and
``Information technology systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical care collections fund'' to augment
the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, and for the payment of benefits under the
Veterans Retraining Assistance Program, $12,023,458,000, to
remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the
Secretary is authorized to provide under subsection (a) of
section 3104 of title 38, United States Code, other than
under paragraphs (1), (2), (5), and (11) of that subsection,
shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States
Code, $104,600,000, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
during fiscal year 2013, within the resources available, not
to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $157,814,000.
vocational rehabilitation loans program account
For the cost of direct loans, $19,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,729,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $346,000, which may be paid to
the appropriation for ``General operating expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,089,000.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, aid to State homes
as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital
care and medical services authorized by section 1787 of title
38, United States Code; $155,000,000, which shall be in
addition to funds previously appropriated under this heading
that become available on October 1, 2012; and in addition,
$43,557,000,000, plus reimbursements, shall become available
on October 1, 2013, and shall remain available until
September 30, 2014: Provided, That notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That
notwithstanding any other provision of law,
[[Page H1020]]
the Secretary of Veterans Affairs may authorize the
dispensing of prescription drugs from Veterans Health
Administration facilities to enrolled veterans with privately
written prescriptions based on requirements established by
the Secretary: Provided further, That the implementation of
the program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.); $6,033,000,000, plus reimbursements,
shall become available on October 1, 2013, and shall remain
available until September 30, 2014.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department; for
oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving,
or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise
provided for, either by contract or by the hire of temporary
employees and purchase of materials; for leases of
facilities; and for laundry services, $4,872,000,000, plus
reimbursements, shall become available on October 1, 2013,
and shall remain available until September 30, 2014.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $582,674,000,
plus reimbursements, shall remain available until September
30, 2014.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $258,284,000, of which not
to exceed $25,828,000 shall remain available until September
30, 2014: Provided, That none of the funds under this heading
may be used to expand the Urban Initiative project beyond
those sites outlined in the fiscal year 2012 or previous
budget submissions or any other rural strategy, other than
the Rural Initiative included in the fiscal year 2013 budget
submission, until the Secretary of Veterans Affairs submits
to the Committees on Appropriations of both Houses of
Congress a strategy to serve the burial needs of veterans
residing in rural and highly rural areas and that strategy
has been approved by the Committees: Provided further, That
the strategy shall include: (1) A review of previous policies
of the National Cemetery Administration regarding
establishment of new national cemeteries, including whether
the guidelines of the Administration for establishing
national cemetery annexes remain valid; (2) Data identifying
the number of and geographic areas where rural veterans are
not currently served by national or existing State cemeteries
and identification of areas with the largest unserved
populations, broken down by veterans residing in urban versus
rural and highly rural; (3) Identification of the number of
veterans who reside within the 75-mile radius of a cemetery
that is limited to cremations or of a State cemetery which
has residency restrictions, as well as an examination of how
many communities that fall under a 75-mile radius have an
actual driving distance greater than 75 miles; (4)
Reassessment of the gaps in service, factoring in the above
conditions that limit rural and highly rural veteran burial
options; (5) An assessment of the adequacy of the policy of
the Administration on establishing new cemeteries proposed in
the fiscal year 2013 budget request; (6) Recommendations for
an appropriate policy on new national cemeteries to serve
rural or highly rural areas; (7) Development of a national
map showing the locations and number of all unserved
veterans; and (8) A time line for the implementation of such
strategy and cost estimates for using the strategy to
establish new burial sites in at least five rural or highly
rural locations: Provided further, That the Comptroller
General of the United States shall review the strategy to
ensure that it includes the elements listed above: Provided
further, That this strategy shall be submitted no later than
180 days after the date of enactment of this Act: Provided
further, That the Secretary of Veterans Affairs shall issue
guidelines on committal services held at cemeteries under the
jurisdiction of the National Cemetery Administration to
ensure that: (1) veterans' families may arrange to hold
committal services with any religious or secular content they
desire; (2) the choice by a family of an honor guard and the
content and presentation of military honors may not be
interfered with; and (3) attendance at committal services by
outside organizations dedicated to the support of veterans
will not be constrained except at the request of family
members: Provided further, That the Department shall not
edit, control, or exercise prior restraints on the content of
religious speech and expression by speakers at events at
veterans national cemeteries except as provided in section
2413 of title 38, United States Code: Provided further, That
actions permitted by the foregoing provisos shall be subject
to compliance with Department security, safety, and law
enforcement regulations.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $424,737,000, of
which not to exceed $20,837,000 shall remain available until
September 30, 2014: Provided, That the Board of Veterans
Appeals shall be funded at not less than $86,006,000:
Provided further, That of the funds made available under this
heading, such sums as may be necessary shall be available to
the Secretary of Veterans Affairs to comply with the
Department's energy management requirements under section
543(f)(7) of the National Energy Conservation Policy Act (42
U.S.C. 8253(f)(7)): Provided further, That funds provided
under this heading may be transferred to ``General operating
expenses, Veterans Benefits Administration''.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $2,164,074,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That of the funds made
available under this heading, not to exceed $113,000,000
shall remain available until September 30, 2014.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $3,327,444,000, plus reimbursements: Provided,
That $1,021,000,000 shall be for pay and associated costs, of
which not to exceed $30,630,000 shall remain available until
September 30, 2014: Provided further, That $1,812,045,000
shall be for operations and maintenance, of which not to
exceed $126,000,000 shall remain available until September
30, 2014: Provided further, That $494,399,000 shall be for
information technology systems development, modernization,
and enhancement, and shall remain available until September
30, 2014: Provided further, That amounts made available for
information technology systems development, modernization,
and enhancement may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be
obligated and expended for each development project: Provided
further, That amounts made available for salaries and
expenses, operations and maintenance, and information
technology systems development, modernization, and
enhancement may be transferred among the three sub-accounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information technology systems'' account for development,
modernization, and enhancement may be transferred between
projects or to newly defined projects: Provided further, That
no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the
Committees on Appropriations of both Houses of Congress to
make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed:
[[Page H1021]]
Provided further, That of the funds provided for information
technology systems development, modernization, and
enhancement for the development of a joint Department of
Defense--Department of Veterans Affairs (DOD-VA) integrated
electronic health record (iEHR), not more than 25 percent may
be obligated until the DOD-VA Interagency Program Office
submits to the Committees on Appropriations of both Houses of
Congress, and such Committees approve, a plan for expenditure
that: (1) defines the budget and cost baseline for
development of the integrated Electronic Health Record; (2)
identifies the deployment timeline for the system for both
Agencies; (3) breaks out annual and total spending for each
Department; (4) relays detailed cost-sharing business rules;
(5) establishes data standardization schedules between the
Departments; (6) has been submitted to the Government
Accountability Office for review; and (7) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government:
Provided further, That the funds made available under this
heading for information technology systems development,
modernization, and enhancement, shall be for the projects,
and in the amounts, specified under this heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $115,000,000, of which $6,000,000 shall remain
available until September 30, 2014.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406, and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$532,470,000, of which $502,470,000 shall remain available
until September 30, 2017, and of which $30,000,000 shall
remain available until expended: Provided, That $5,000,000
shall be to make reimbursements as provided in section 7108
of title 41, United States Code, for claims paid for contract
disputes: Provided further, That except for advance planning
activities, including needs assessments which may or may not
lead to capital investments, and other capital asset
management related activities, including portfolio
development and management activities, and investment
strategy studies funded through the advance planning fund and
the planning and design activities funded through the design
fund, including needs assessments which may or may not lead
to capital investments, and salaries and associated costs of
the resident engineers who oversee those capital investments
funded through this account, and funds provided for the
purchase of land for the National Cemetery Administration
through the land acquisition line item, none of the funds
made available under this heading shall be used for any
project which has not been approved by the Congress in the
budgetary process: Provided further, That funds made
available under this heading for fiscal year 2013, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2013; and
(2) by the awarding of a construction contract by September
30, 2014: Provided further, That the Secretary of Veterans
Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on
any approved major construction project for which obligations
are not incurred within the time limitations established
above.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $607,530,000, to remain available until September 30,
2017, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $85,000,000, to remain available
until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal governments in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$46,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2013 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2013, in this Act or any
other Act, under the ``Medical services'', ``Medical support
and compliance'', and ``Medical facilities'' accounts may be
transferred among the accounts: Provided, That any transfers
between the ``Medical services'' and ``Medical support and
compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers between the ``Medical
services'' and ``Medical support and compliance'' accounts in
excess of 1 percent, or exceeding the cumulative 1 percent
for the fiscal year, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to
or from the ``Medical facilities'' account may take place
only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2012.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2013, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the
[[Page H1022]]
``General operating expenses, Veterans Benefits
Administration'' and ``Information technology systems''
accounts for the cost of administration of the insurance
programs financed through those accounts: Provided, That
reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year
2013 that are available for dividends in that program after
claims have been paid and actuarially determined reserves
have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the
amount of surplus earnings accumulated in that program,
reimbursement shall be made only to the extent of such
surplus earnings: Provided further, That the Secretary shall
determine the cost of administration for fiscal year 2013
which is properly allocable to the provision of each such
insurance program and to the provision of any total
disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of
Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not to
exceed $42,904,000 for the Office of Resolution Management
and $3,360,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That
payments may be made in advance for services to be furnished
based on estimated costs: Provided further, That amounts
received shall be credited to the ``General administration''
and ``Information technology systems'' accounts for use by
the office that provided the service.
Sec. 211. No appropriations in this title shall be
available to enter into any new lease of real property if the
estimated annual rental cost is more than $1,000,000, unless
the Secretary submits a report which the Committees on
Appropriations of both Houses of Congress approve within 30
days following the date on which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for
care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, major projects'' and ``Construction, minor
projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, major projects'' and ``Construction, minor
projects''.
Sec. 214. Amounts made available under ``Medical
services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to ``Medical
services'', to remain available until expended for the
purposes of that account.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which
are party to the Alaska Native Health Compact with the Indian
Health Service, and Indian tribes and tribal organizations
serving rural Alaska which have entered into contracts with
the Indian Health Service under the Indian Self Determination
and Educational Assistance Act, to provide healthcare,
including behavioral health and dental care. The Secretary
shall require participating veterans and facilities to comply
with all appropriate rules and regulations, as established by
the Secretary. The term ``rural Alaska'' shall mean those
lands sited within the external boundaries of the Alaska
Native regions specified in sections 7(a)(1)-(4) and (7)-(12)
of the Alaska Native Claims Settlement Act, as amended (43
U.S.C. 1606), and those lands within the Alaska Native
regions specified in sections 7(a)(5) and 7(a)(6) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C.
1606), which are not within the boundaries of the
municipality of Anchorage, the Fairbanks North Star Borough,
the Kenai Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, major projects'' and ``Construction,
minor projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 218. None of the funds made available in this title
may be used to implement any policy prohibiting the Directors
of the Veterans Integrated Services Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 219. The Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of
Congress a quarterly report on the financial status of the
Veterans Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical
services'', ``Medical support and compliance'', ``Medical
facilities'', ``General operating expenses, Veterans Benefits
Administration'', ``General administration'', and ``National
Cemetery Administration'' accounts for fiscal year 2013, may
be transferred to or from the ``Information technology
systems'' account: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from
the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
Sec. 221. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury,
Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2506); or (2) section
8110(a)(5) of title 38, United States Code.
Sec. 222. Of the amounts made available to the Department
of Veterans Affairs for fiscal year 2013, in this Act or any
other Act, under the ``Medical facilities'' account for
nonrecurring maintenance, not more than 20 percent of the
funds made available shall be obligated during the last 2
months of that fiscal year: Provided, That the Secretary may
waive this requirement after providing written notice to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 223. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2013 for ``Medical
services'', ``Medical support and compliance'', ``Medical
facilities'', ``Construction, minor projects'', and
``Information technology systems'', up to $247,356,000, plus
reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571) and may be used for
operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated
in this section to the Joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 224. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 225. Of the amounts available in this title for
``Medical services'', ``Medical support and compliance'', and
``Medical facilities'', a minimum of $15,000,000, shall be
transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States
Code, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.
(including rescissions of funds)
Sec. 226. (a) Of the funds appropriated in title II of
division H of Public Law 112-74, the following amounts which
became available
[[Page H1023]]
on October 1, 2012, are hereby rescinded from the following
accounts in the amounts specified:
(1) ``Department of Veterans Affairs, Medical services'',
$1,500,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $200,000,000.
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act,
an additional amount is appropriated to the following
accounts in the amounts specified to remain available until
September 30, 2014:
(1) ``Department of Veterans Affairs, Medical services'',
$1,500,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $200,000,000.
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
Sec. 227. The Secretary of the Department of Veterans
Affairs shall notify the Committees on Appropriations of both
Houses of Congress of all bid savings in major construction
projects that total at least $5,000,000, or 5 percent of the
programmed amount of the project, whichever is less:
Provided, That such notification shall occur within 14 days
of a contract identifying the programmed amount: Provided
further, That the Secretary shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to
the obligation of such bid savings and shall describe the
anticipated use of such savings.
Sec. 228. The scope of work for a project included in
``Construction, major projects'' may not be increased above
the scope specified for that project in the original
justification data provided to the Congress as part of the
request for appropriations.
Sec. 229. The Secretary of the Department of Veterans
Affairs shall provide on a quarterly basis to the Committees
on Appropriations of both Houses of Congress notification of
any single national outreach and awareness marketing campaign
in which obligations exceed $2,000,000.
Sec. 230. The Secretary shall submit to the Committees on
Appropriations of both Houses of Congress a reprogramming
request if at any point during fiscal year 2013, the funding
allocated for a medical care initiative identified in the
fiscal year 2013 expenditure plan is adjusted by more than
$25,000,000 from the allocation shown in the corresponding
congressional budget justification. Such a reprogramming
request may go forward only if the Committees on
Appropriations of both Houses of Congress approve the request
or if a period of 14 days has elapsed.
Sec. 231. None of the funds made available in this Act may
be used to enter into a contract using procedures that do not
give to small business concerns owned and controlled by
veterans (as that term is defined in section 3(q)(3) of the
Small Business Act (15 U.S.C. 632(q)(3)) that are included in
the database under section 8127(f) of title 38, United States
Code, any preference available with respect to such contract,
except for a preference given to small business concerns
owned and controlled by service-disabled veterans (as defined
in section 3(q)(2) of the Small Business Act (15 U.S.C.
632(q)(2)).
Sec. 232. Funds made available under the heading ``Medical
services'' in title II of division H of Public Law 112-74 may
be used to carry out section 1787 of title 38, United States
Code.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$62,929,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$32,481,000: Provided, That $2,726,000 shall be available for
the purpose of providing financial assistance as described,
and in accordance with the process and reporting procedures
set forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $1,000 for official
reception and representation expenses, $65,800,000, of which
not to exceed $27,000,000 shall remain available until
September 30, 2015. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and
construction at Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, $103,000,000, to remain
available until September 30, 2017, of which, $84,000,000
shall be for planning and design and construction associated
with the Millennium Project at Arlington National Cemetery;
and $19,000,000 shall be for study, planning, design, and
architect and engineer services for future expansion of
burial space at Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$67,590,000, of which $2,000,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi.
Administrative Provision
Sec. 301. Funds appropriated in this Act under the
heading, ``Department of Defense--Civil, Cemeterial Expenses,
Army'', may be provided to Arlington County, Virginia, for
the relocation of the federally owned water main at Arlington
National Cemetery, making additional land available for
ground burials.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
Department of Defense
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $150,768,000, to remain available until
September 30, 2013: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Administrative Provision
(including rescission of funds)
Sec. 401. Of the unobligated balances in section 2005 in
title X, of Public Law 112-10 and division H in title IV of
Public Law 112-74, $150,768,000 are hereby rescinded:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other
than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution, or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 504. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 505. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 506. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 507. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
[[Page H1024]]
Sec. 508. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 509. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 510. None of the funds made available in this Act may
be distributed to the Association of Community Organizations
for Reform Now (ACORN) or its subsidiaries or successors.
Sec. 511. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or
possessions to house any individual detained at United States
Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the control
of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 512. None of the funds appropriated or otherwise made
available in this Act may be used by an agency of the
executive branch to pay for first-class travel by an employee
of the agency in contravention of sections 301-10.122 through
301-10.124 of title 41, Code of Federal Regulations.
Sec. 513. None of the funds provided in this Act may be
used to execute a contract for goods or services, including
construction services, where the contractor has not complied
with Executive Order No. 12989.
Sec. 514. None of the funds made available by this Act may
be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless the agency
has considered suspension or debarment of the corporation and
made a determination that this further action is not
necessary to protect the interests of the Government.
Sec. 515. None of the funds made available by this Act may
be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless the agency has considered suspension or debarment of
the corporation and made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 516. Such sums as may be necessary for fiscal year
2013 for pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 517. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency that
are stationed within the United States at any single
conference occurring outside a state of the United States,
except for employees of the Department of Veterans Affairs
stationed in the Philippines, unless the relevant Secretary
reports to the Committees on Appropriations of both Houses of
Congress at least 5 days in advance that such attendance is
important to the national interest.
This division may be cited as the ``Military Construction
and Veterans Affairs, and Related Agencies Appropriations
Act, 2013''.
DIVISION C--FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2013
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for fiscal year
2013, and for other purposes, namely:
TITLE I--GENERAL PROVISIONS
Sec. 1101. (a) Such amounts as may be necessary, at the
level specified in subsection (c) and under the authority and
conditions provided in applicable appropriations Acts for
fiscal year 2012, for projects or activities (including the
costs of direct loans and loan guarantees) that are not
otherwise specifically provided for, and for which
appropriations, funds, or other authority were made available
in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2012
(division A of Public Law 112-55), except for the
appropriations designated by the Congress as being for
disaster relief in section 735 of such Act.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (division B of Public Law 112-55),
except for the appropriation designated by the Congress as
being for disaster relief in the second paragraph under the
heading ``Department of Commerce, Economic Development
Administration, Economic Development Assistance Programs'' in
such Act.
(3) The Energy and Water Development and Related Agencies
Appropriations Act, 2012 (division B of Public Law 112-74).
(4) The Financial Services and General Government
Appropriations Act, 2012 (division C of Public Law 112-74).
(5) The Department of Homeland Security Appropriations Act,
2012 (division D of Public Law 112-74).
(6) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2012 (division E of
Public Law 112-74).
(7) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2012
(division F of Public Law 112-74).
(8) The Legislative Branch Appropriations Act, 2012
(division G of Public Law 112-74).
(9) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2012 (division I of
Public Law 112-74).
(10) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2012 (division C of
Public Law 112-55), except for the appropriations designated
by the Congress as being for disaster relief under the
heading ``Department of Transportation, Federal Highway
Administration, Emergency Relief'' and in the last proviso of
section 239 of such Act.
(11) The Disaster Relief Appropriations Act, 2012 (Public
Law 112-77), except for appropriations under the heading
``Corps of Engineers--Civil''.
(b) For purposes of this division, the term ``level'' means
an amount.
(c) The level referred to in subsection (a) shall be the
amounts appropriated in the appropriations Acts referred to
in such subsection, including transfers and obligation
limitations, except that such level shall be calculated
without regard to any rescission or cancellation of funds or
contract authority, other than--
(1) the 0.16 percent across-the-board rescission in section
436 of division E of Public Law 112-74 (relating to the
Department of the Interior, Environment, and Related
Agencies); and
(2) the 0.189 percent across-the-board rescission in
section 527 of division F of Public Law 112-74, (relating to
the Departments of Labor, Health and Human Services, and
Education, and Related Agencies).
Sec. 1102. Appropriations made by section 1101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 1103. Appropriations provided by this division that,
in the applicable appropriations Act for fiscal year 2012,
carried a multiple-year or no-year period of availability
shall retain a comparable period of availability.
Sec. 1104. No appropriation or funds made available or
authority granted pursuant to section 1101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during fiscal year 2012.
Sec. 1105. Except as otherwise expressly provided in this
division, the requirements, authorities, conditions,
limitations, and other provisions of the appropriations Acts
referred to in section 1101 shall continue in effect through
the date specified in section 1106.
Sec. 1106. Unless otherwise provided for in this division
or in the applicable appropriations Act, appropriations and
funds made available and authority granted pursuant to this
division shall be available through September 30, 2013.
Sec. 1107. Expenditures made pursuant to the Continuing
Appropriations Resolution, 2013 (Public Law 112-175) shall be
charged to the applicable appropriation, fund, or
authorization provided by this division.
Sec. 1108. Funds appropriated by this division may be
obligated and expended notwithstanding section 10 of Public
Law 91-672 (22 U.S.C. 2412), section 15 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
and section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6212).
[[Page H1025]]
Sec. 1109. (a) For entitlements and other mandatory
payments whose budget authority was provided in
appropriations Acts for fiscal year 2012, and for activities
under the Food and Nutrition Act of 2008, the levels
established by section 1101 shall be the amounts necessary to
maintain program levels under current law and under the
authority and conditions provided in the applicable
appropriations Acts for fiscal year 2012.
(b) In addition to the amounts otherwise provided by
section 1101, the following amounts shall be available for
the following accounts for advance payments for the first
quarter of fiscal year 2014:
(1) ``Department of Labor, Office of Workers' Compensation
Programs, Special Benefits for Disabled Coal Miners'', for
benefit payments under title IV of the Federal Mine Safety
and Health Act of 1977, $40,000,000, to remain available
until expended.
(2) ``Department of Health and Human Services, Centers for
Medicare and Medicaid Services, Grants to States for
Medicaid'', for payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act, $106,335,631,000, to remain available until
expended.
(3) ``Department of Health and Human Services,
Administration for Children and Families, Payments to States
for Child Support Enforcement and Family Support Programs'',
for payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960 (24 U.S.C. ch. 9),
$1,100,000,000, to remain available until expended.
(4) ``Department of Health and Human Services,
Administration for Children and Families, Payments for Foster
Care and Permanency'', for payments to States or other non-
Federal entities under title IV-E of the Social Security Act,
$2,200,000,000.
(5) ``Social Security Administration, Supplemental Security
Income Program'', for benefit payments under title XVI of the
Social Security Act, $19,300,000,000, to remain available
until expended.
Sec. 1110. (a) Each amount made available in this division
by reference to an appropriation that was previously
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 or as being for disaster relief pursuant
to section 251(b)(2)(D) of such Act is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of such Act or as
being for disaster relief pursuant to section 251(b)(2)(D) of
such Act, respectively.
(b) Of the amount made available by section 1101 for
``Social Security Administration, Limitation on
Administrative Expenses'', $483,484,000 is additional new
budget authority specified for purposes of subsection
251(b)(2)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 1111. With respect to any discretionary account for
which advance appropriations were provided for fiscal year
2013 or 2014 in an appropriations Act for fiscal year 2012,
in addition to amounts otherwise made available by this
division, advance appropriations are provided in the same
amount for fiscal year 2014 or 2015, respectively, with a
comparable period of availability.
Sec. 1112. (a) Section 147 of the Continuing Appropriations
Act, 2011 (Public Law 111-242), as added by section 1(a)(2)
of the Continuing Appropriations and Surface Transportation
Extensions Act, 2011 (Public Law 111-322; 5 U.S.C. 5303
note), is amended--
(1) in subsection (b)(1), by striking the matter after
``ending on'' and before ``shall be made'' and inserting
``December 31, 2013,''; and
(2) in subsection (c), by striking the matter after
``ending on'' and before ``no senior executive'' and
inserting ``December 31, 2013,''.
(b) Section 114 of the Continuing Appropriations
Resolution, 2013 (Public Law 112-175; 5 U.S.C. 5303 note) is
repealed.
Sec. 1113. (a) Not later than 30 days after the date of the
enactment of this division, each department and agency in
subsection (c) shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a spending, expenditure, or operating plan for fiscal year
2013--
(1) at the program, project, or activity level (or, for
foreign assistance programs funded in titles III, IV and VIII
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, at the country, regional, and
central program level, and for any international
organization); or
(2) as applicable, at any greater level of detail required
for funds covered by such a plan in an appropriations Act
referred to in section 1101, in the joint explanatory
statement accompanying such Act, or in committee report
language incorporated by reference in such joint explanatory
statement.
(b) If a sequestration is ordered by the President under
section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985, the spending, expenditure, or operating
plan required by this section shall reflect such
sequestration.
(c) The departments and agencies to which this section
applies are as follows:
(1) The Department of Agriculture.
(2) The Department of Commerce.
(3) The Department of Education.
(4) The Department of Energy.
(5) The Department of Health and Human Services.
(6) The Department of Homeland Security.
(7) The Department of Housing and Urban Development.
(8) The Department of the Interior.
(9) The Department of Justice.
(10) The Department of Labor.
(11) The Department of State and United States Agency for
International Development.
(12) The Department of Transportation.
(13) The Department of the Treasury.
(14) The National Aeronautics and Space Administration.
(15) The National Science Foundation.
(16) The Judiciary.
(17) With respect to amounts made available under the
heading ``Executive Office of the President and Funds
Appropriated to the President'', agencies funded under such
heading.
(18) The Federal Communications Commission.
(19) The General Services Administration.
(20) The Office of Personnel Management.
(21) The National Archives and Records Administration.
(22) The Securities and Exchange Commission.
(23) The Small Business Administration.
(24) The Environmental Protection Agency.
(25) The Indian Health Service.
(26) The Smithsonian Institution.
(27) The Social Security Administration.
(28) The Corporation for National and Community Service.
(29) The Corporation for Public Broadcasting.
(30) The Food and Drug Administration.
(31) The Commodity Futures Trading Commission.
Sec. 1114. Not later than May 1, 2013, and each month
thereafter through November 1, 2013, the Director of the
Office of Management and Budget shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on all obligations incurred in fiscal
year 2013, by each department and agency, using funds made
available by this division. Such report shall--
(1) set forth obligations by account; and
(2) compare the obligations incurred in the period covered
by the report to the obligations incurred in the same period
in fiscal year 2012.
TITLE II--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
Sec. 1201. Notwithstanding section 1101, the level for
``Domestic Food Programs, Food and Nutrition Service,
Commodity Assistance Program'', shall be $253,952,000, of
which $186,935,000 shall be for the Commodity Supplemental
Food Program.
Sec. 1202. Notwithstanding section 1101, the amounts
included under the heading ``Agricultural Programs, Farm
Service Agency, Agricultural Credit Insurance Fund Program
Account'' in division A of Public Law 112-55 shall be applied
to funds appropriated by this division as follows: by
substituting ``$2,000,000,000'' for ``$1,500,000,000'' the
first place it appears; by substituting ``$1,258,887,000''
for ``$1,050,090,000''; and by substituting ``$70,120,000''
for ``$59,120,000''.
Sec. 1203. Notwithstanding section 1101, the Secretary of
Agriculture may transfer funds among the loan and loan
guarantee programs within the Rural Development mission area
to maintain the 2012 program levels, to the extent possible,
for such programs and activities during fiscal year 2013.
Sec. 1204. Notwithstanding section 1101, amounts otherwise
provided by section 1101 for ``Department of Health and Human
Services, Food and Drug Administration, Salaries and
Expenses'' for medical device user fees shall be increased by
the amounts by which the authorized levels of such fees for
fiscal year 2013 exceed the authorized levels of such fees
for fiscal year 2012: Provided, That amounts collected for
fees specified in this section for fiscal year 2013 that
exceed applicable fiscal year 2013 limitations for such fees
are appropriated and shall be credited to such account and
remain available until expended.
Sec. 1205. Notwithstanding section 1101, fees authorized
for fiscal year 2013 pursuant to section 744B of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-42) shall be
credited to ``Department of Health and Human Services, Food
and Drug Administration, Salaries and Expenses'' and remain
available until expended.
Sec. 1206. Sections 744 and 748 of division A of Public
Law 112-55 shall not apply to funds appropriated by this
division.
Sec. 1207. Of the funds made available for ``Rural
Development Programs, Rural Business--Cooperative Service,
Rural Economic Development Loans Program Account'', of the
funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural
Electrification Act of 1936 (7 U.S.C. 940c), $180,000,000
shall not be obligated and $180,000,000 is rescinded.
Sec. 1208. (a) Notwithstanding section 1101, the first and
second provisos of section 726(15) of division A of Public
Law 112-55 shall be applied to funds appropriated by this
division as if ``, in this fiscal year,'' appeared before
``section 19(i)(1)(E)'' the first place it appears, by
substituting ``$39,000,000'' for ``$20,000,000'', and by
substituting ``$117,000,000'' for ``$133,000,000''.
(b) Of the unobligated balances available under section
14222(b)(2)(A)(v) of Public Law 110-246 (7 U.S.C. 612c-
6(b)(2)(A)(v)), $150,000,000 is rescinded.
Sec. 1209. In addition to amounts provided elsewhere in
this division, $48,256,765 is appropriated for activities
under section 403 of
[[Page H1026]]
the Agricultural Credit Act of 1978 (Emergency Watershed
Protection Program; 16 U.S.C. 2203) for necessary expenses
resulting from a major disaster declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.): Provided, That the Secretary of
Agriculture shall transfer these funds to the Natural
Resources Conservation Service.
Sec. 1210. Section 1109(a) of this division shall not be
construed to change the requirement that $3,000,000,000, to
remain available until September 30, 2014, be placed in
reserve for ``Domestic Food Programs, Food and Nutrition
Service, Supplemental Nutrition Assistance Program''.
Sec. 1211. Notwithstanding section 1101, the level for
``Agricultural Programs, National Agricultural Statistics
Service'' shall be $179,477,000, of which up to $62,500,000
shall be available until expended for the Census of
Agriculture.
TITLE III--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
Sec. 1301. Notwithstanding section 1101, the level for
``National Oceanic and Atmospheric Administration,
Procurement, Acquisition and Construction'' shall be
$1,951,036,000, of which $802,000,000 shall be for the
Geostationary Operational Environmental Satellite-R system.
Sec. 1302. Notwithstanding section 1101, the level for
each of the following accounts shall be $0: ``Department of
Justice, General Administration, National Drug Intelligence
Center''; ``Department of Justice, Drug Enforcement
Administration, Construction''.
Sec. 1303. Notwithstanding section 1101, the level for
``Department of Justice, General Administration, Justice
Information Sharing Technology'' shall be $22,000,000.
Sec. 1304. Notwithstanding section 1101, the level for
``Department of Justice, Federal Bureau of Investigation,
Salaries and Expenses'' shall be $8,165,520,000.
Sec. 1305. Notwithstanding section 1101, the level for
``Department of Justice, Federal Prison System, Salaries and
Expenses'' shall be $6,689,481,000.
Sec. 1306. Notwithstanding section 1101, the level for
``Department of Justice, Office of Justice Programs, State
and Local Law Enforcement Assistance'' shall be
$1,062,500,000: Provided, That the amounts included under
such heading in division B of Public Law 112-55 shall be
applied to funds appropriated by this division as follows: by
substituting ``$370,000,000'' for ``$470,000,000''; and by
substituting ``$0'' for ``$100,000,000''.
Sec. 1307. Of the unobligated balances available for
``Department of Justice, Legal Activities, Assets Forfeiture
Fund'', $675,000,000 is rescinded.
Sec. 1308. Of the unobligated balances available for
``Department of Justice, Federal Prison System, Buildings and
Facilities'', $64,700,000 is rescinded, to be derived from
amounts for the ``Acquire Existing Institution for Higher
Security FCI'' project.
Sec. 1309. Section 505 of division B of Public Law 112-55
shall be applied to funds appropriated by this division by
substituting ``45'' for ``15''.
Sec. 1310. (a) None of the income retained in the
Department of Justice Working Capital Fund pursuant to title
I of Public Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note)
shall be available for obligation during fiscal year 2013.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of
Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation in fiscal year 2013, and any use,
obligation, transfer, or allocation of such funds shall be
treated as a reprogramming of funds under section 505 of
division B of Public Law 112-55.
(c) Not to exceed $10,000,000 of the excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall be available for obligation during
fiscal year 2013, and any use, obligation, transfer, or
allocation of such funds shall be treated as a reprogramming
of funds under section 505 of division B of Public Law 112-
55.
(d) Of amounts available in the Department of Justice
Assets Forfeiture Fund in fiscal year 2013, $154,700,000
shall be for payments associated with joint law enforcement
operations in fiscal year 2013 as authorized by section
524(c)(1)(I) of title 28, United States Code.
(e) The Attorney General shall submit a spending plan to
the Committees on Appropriations of the House of
Representatives and the Senate not later than 45 days after
the date of enactment of this division detailing the planned
distribution of the Department of Justice Assets Forfeiture
Fund joint law enforcement operations funding during fiscal
year 2013.
(f) Subsections (a) through (d) of this section shall
sunset on September 30, 2013.
Sec. 1311. Notwithstanding section 1101, the level for
``National Aeronautics and Space Administration,
Exploration'' shall be $4,152,000,000: Provided, That the
amounts included under such heading in division B of Public
Law 112-55 shall be applied to funds appropriated by this
division as follows: by substituting ``$2,119,000,000'' for
``$1,860,000,000''; by substituting ``$525,000,000'' for
``$406,000,000''; by substituting ``$308,000,000'' for
``$304,800,000''; by substituting ``$454,000,000'' for
``$316,500,000''; and by substituting ``$265,000,000'' for
``$58,000,000''.
Sec. 1312. Notwithstanding section 1101, the level for
each of the following accounts shall be as follows:
``National Aeronautics and Space Administration, Space
Operations'', $4,000,000,000; and ``National Aeronautics and
Space Administration, Cross Agency Support'', $2,847,400,000.
TITLE IV--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
Sec. 1401. (a) Notwithstanding section 1101, the level for
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Weapons
Activities'' shall be $7,577,341,000.
(b) Section 301(c) of division B of Public Law 112-74 shall
not apply to amounts made available by this section.
Sec. 1402. In addition to amounts otherwise made available
by this division, $150,000,000 is appropriated for
``Department of Energy, Atomic Energy Defense Activities,
National Nuclear Security Administration, Defense Nuclear
Nonproliferation'' for domestic uranium enrichment research,
development, and demonstration.
Sec. 1403. Section 14704 of title 40, United States Code,
shall be applied to amounts made available by this division
by substituting the date specified in section 1106 of this
division for ``October 1, 2012''.
TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT
Sec. 1501. (a) Notwithstanding any other provision of this
division, except section 1106, the District of Columbia may
expend local funds under the heading ``District of Columbia
Funds'' for such programs and activities under title IV of
H.R. 6020 (112th Congress), as reported by the Committee on
Appropriations of the House of Representatives, at the rate
set forth under ``District of Columbia Funds--Summary of
Expenses'' as included in the Fiscal Year 2013 Budget Request
Act of 2012 (D.C. Act 19-381), as modified as of the date of
the enactment of this division.
(b) Section 803(b) of the Financial Services and General
Government Appropriations Act, 2012 (division C of Public Law
112-74; 125 Stat. 940) is amended by striking ``November 1,
2012'' and inserting ``November 1, 2013''.
Sec. 1502. Notwithstanding section 1101, the level for
``District of Columbia, Federal Funds, Federal Payment for
Emergency Planning and Security Costs in the District of
Columbia'' shall be $24,700,000, of which not less than
$9,800,000 shall be used for costs associated with the
Presidential Inauguration.
Sec. 1503. Notwithstanding section 1101, the fifth proviso
under the heading ``Federal Communications Commission,
Salaries and Expenses'' in division C of Public Law 112-74
shall be applied by substituting ``$98,739,000'' for
``$85,000,000''.
Sec. 1504. Notwithstanding any other provision of this
division, amounts made available by section 1101 for
``Department of the Treasury, Departmental Offices, Salaries
and Expenses'' and ``Department of the Treasury, Office of
Inspector General, Salaries and Expenses'' may be used for
activities in connection with section 1602(e) of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012 (subtitle F of title I of division A of Public
Law 112-141).
Sec. 1505. Notwithstanding section 1101, the level for
``Office of Government Ethics, Salaries and Expenses'' shall
be $18,664,000, of which $5,000,000 shall be for development
and deployment of the centralized, publicly accessible
database required in section 11(b) of the STOCK Act (Public
Law 112-105).
Sec. 1506. Notwithstanding section 1101, the level for
``Small Business Administration, Business Loans Program
Account'' for the cost of guaranteed loans as authorized by
section 7(a) of the Small Business Act and section 503 of the
Small Business Investment Act of 1958 shall be $333,600,000.
Sec. 1507. Of the unobligated balances available for
``Department of the Treasury, Treasury Forfeiture Fund'',
$950,000,000 is rescinded.
TITLE VI--HOMELAND SECURITY
Sec. 1601. (a) Amounts made available by this division for
``Department of Homeland Security, U.S. Customs and Border
Protection, Salaries and Expenses'' shall be obligated as
necessary to maintain the staffing levels (including by
backfilling vacant positions) of Border Patrol agents,
Customs and Border Protection officers, and Air and Marine
interdiction agents in effect at the end of the fourth
quarter of fiscal year 2012, or, with respect to Border
Patrol agents, at such greater levels as may otherwise be
required in the second proviso under such heading in division
D of Public Law 112-74.
(b) Not later than 30 days after the date of the enactment
of this division, the Commissioner of U.S. Customs and Border
Protection shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a detailed
expenditure plan for ``Department of Homeland Security, U.S.
Customs and Border Protection, Salaries and Expenses'' at the
program, project, and activity level that specifies how the
Commissioner will maintain staffing levels as required under
subsection (a) throughout fiscal year 2013.
Sec. 1602. (a) Amounts made available by this division for
``Department of Homeland Security, U.S. Immigration and
Customs Enforcement, Salaries and Expenses'' shall be
obligated as necessary to maintain a level not less than
34,000 detention beds as required in the sixth proviso under
such heading in division D of Public Law 112-74.
(b) Not later than 30 days after the date of the enactment
of this division, the Assistant
[[Page H1027]]
Secretary of U.S. Immigration and Customs Enforcement shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan
for ``Department of Homeland Security, U.S. Immigration and
Customs Enforcement, Salaries and Expenses'' at the program,
project, and activity level that specifies how the Assistant
Secretary will maintain detention bed levels as required
under subsection (a) throughout fiscal year 2013.
Sec. 1603. Notwithstanding section 1101, the levels for
the following accounts of the Department of Homeland Security
shall be as follows:
(1) ``Office of the Secretary and Executive Management'',
$126,074,000.
(2) ``Analysis and Operations'', $322,280,000.
(3) ``U.S. Customs and Border Protection, Salaries and
Expenses'', $9,024,610,000.
(4) ``U.S. Customs and Border Protection, Border Security
Fencing, Infrastructure, and Technology'', $324,099,000.
(5) ``U.S. Customs and Border Protection, Air and Marine
Interdiction, Operations, Maintenance, and Procurement'',
$515,436,000.
(6) ``Transportation Security Administration,
Transportation Security Support'', $954,277,000.
(7) ``Transportation Security Administration, Federal Air
Marshals'', $910,563,000.
(8) ``United States Secret Service, Salaries and
Expenses'', $1,601,454,000.
(9) ``National Protection and Programs Directorate, United
States Visitor and Immigrant Status Indicator Technology'',
$279,133,000.
(10) ``Office of Health Affairs'', $132,499,000 of which
$85,390,000 shall be for BioWatch and $26,702,000 is for
salaries and expenses.
(11) ``Federal Emergency Management Agency, Salaries and
Expenses'', $837,090,000, of which $35,180,000 shall be for
the National Urban Search and Rescue Response System, not to
exceed $22,000,000 shall be for capital improvements at the
Mount Weather Emergency Operations Center, and not less than
$5,000,000 shall be for expenses related to modernization of
automated systems.
(12) ``United States Citizenship and Immigration
Services'', $111,924,000 for the E-Verify Program.
Sec. 1604. Notwithstanding section 1101, the level for
``Department of Homeland Security, Transportation Security
Administration, Aviation Security'' shall be $5,048,008,000:
Provided, That the amounts included under such heading in
division D of Public Law 112-74 shall be applied to funds
appropriated by this division by substituting
``$3,972,020,000'' for ``$4,167,631,000''; by substituting
``$408,930,000'' for ``$543,103,000''; by substituting
``$115,204,000'' for ``$204,768,000''; by substituting
``$1,075,988,000'' for ``$1,086,325,000''; by substituting
``9 percent'' for ``10 percent''; and by substituting
``$2,978,008,000'' for ``$3,223,956,000''.
Sec. 1605. Notwithstanding section 1101, the level for
``Department of Homeland Security, Coast Guard, Acquisition,
Construction, and Improvements'' shall be $1,468,393,000, of
which $1,005,800,000 shall be for vessels, small boats, and
related equipment, including 6 Fast Response Cutters, 1
National Security Cutter, 5 Response Boat-Mediums, and
initial development of an icebreaker; and $190,500,000 shall
be for aircraft including 1 missionized HC-130J aircraft, 1
missionized HC-144 aircraft, and one H-60 helicopter,
$64,000,000 shall be for other acquisition programs,
$94,411,000 shall be for shore, military housing, and aids to
navigation, and $113,682,000 shall be for personnel
compensation and benefits and other costs: Provided, That
funds under this heading for vessels shall be immediately
available and allotted to contract for the production of the
sixth National Security Cutter notwithstanding the
availability of funds for post-production costs: Provided
further, That the Coast Guard may decommission one High
Endurance Cutter, retire 3 HU-24 aircraft, disestablish the
Patrol Boat High-Tempo-Maintenance Operations, and
disestablish the Vintage Vessel National Center of Expertise.
Sec. 1606. The following amounts are rescinded:
(1) Of the funds made available for ``Department of
Homeland Security, Coast Guard, Acquisition, Construction,
and Improvements'' in division D of Public Law 110-329,
$25,000,000, to be derived from the amounts made available
under such heading for the fourth National Security Cutter.
(2) Of the funds made available for ``Department of
Homeland Security, Coast Guard, Acquisition, Construction,
and Improvements'' in Public Law 112-10, $43,500,000, to be
derived from the amounts made available under such heading
for the fifth National Security Cutter.
Sec. 1607. (a) Notwithstanding section 1101, the level for
``Department of Homeland Security, National Protection and
Programs Directorate, Infrastructure Protection and
Information Security'' shall be $1,138,528,000: Provided,
That of such amount, $328,000,000 shall be for Network
Security Deployment, and $218,000,000 shall be for Federal
Network Security to establish and sustain essential
cybersecurity activities, including procurement and
operations of continuous monitoring and diagnostics systems
and intrusion detection systems for civilian Federal computer
networks: Provided further, That of the aggregate amount made
available in the preceding proviso for Network Security
Deployment and Federal Network Security, $213,000,000 shall
remain available until September 30, 2014.
(b) Not later than 15 days after the date of the enactment
of this division, the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate an updated expenditure plan
for essential cybersecurity activities described in
subsection (a).
Sec. 1608. Section 532(a) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295) is
amended by striking ``2012'' and inserting ``2013''.
Sec. 1609. Section 550(b) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 6
U.S.C. 121 note) is amended by striking ``on October 4,
2012'' and inserting ``on October 4, 2013''.
Sec. 1610. Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2012,'' and inserting ``Until September 30, 2013,''; and
(2) in subsection (c)(1), by striking ``September 30,
2012,'' and inserting ``September 30, 2013,''.
Sec. 1611. (a) The third, fourth, and fifth provisos under
the heading ``Department of Homeland Security, Office of the
Secretary and Executive Management'' in division D of Public
Law 112-74 shall not apply to funds appropriated by this
division.
(b) The second, third, and fourth provisos under the
heading ``Department of Homeland Security, National
Protection and Programs Directorate, Management and
Administration'' in division D of Public Law 112-74 shall not
apply to funds appropriated by this division.
TITLE VII--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
Sec. 1701. The contract authority provided for fiscal year
2013 by 16 U.S.C. 460l-10a is rescinded.
Sec. 1702. Notwithstanding section 1101, the level for
``Department of the Interior, Department-wide Programs,
Wildland Fire Management'' shall be $823,473,000: Provided,
That of the amounts made available by section 140(b) of
Public Law 112-175 (126 Stat. 1321), $7,500,000 is rescinded.
Sec. 1703. Section 10101(a) of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f(a)), as amended by
section 430 of the Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2012 (division E of
Public Law 112-74; 125 Stat 1047), is further amended--
(1) in paragraph (1) in the first sentence, by striking
``on'' the first place it appears and inserting ``before,
on,''; and
(2) in paragraph (2)--
(A) by striking ``located'' the second place it appears;
(B) by inserting at the end of the following: ``Such claim
maintenance fee shall be in lieu of the assessment work
requirement contained in the Mining Law of 1872 (30 U.S.C. 28
to 28e) and the related filing requirements contained in
section 314(a) and (c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1744(a) and (c)).''; and
(C) by striking ``(a)'' in the first sentence and inserting
``(a)(1)''.
Sec. 1704. (a) Of the unobligated balances available under
the following headings from prior appropriation Acts, the
following amounts are rescinded:
(1) ``Hazardous Substance Superfund'', $15,000,000.
(2) ``State and Tribal Assistance Grants'', $35,000,000, as
follows:
(A) $10,000,000 from unobligated Brownfields balances.
(B) $5,000,000 from unobligated categorical grant balances.
(C) $10,000,000 from unobligated Drinking Water State
Revolving Funds balances.
(D) $10,000,000 from unobligated Clean Water State
Revolving Funds balances.
(b) No amounts may be rescinded under subsection (a) from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 1705. Notwithstanding subsection (d)(2) of section 33
of the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136w-8), the Administrator of the Environmental
Protection Agency may assess pesticide registration service
fees under such section for fiscal year 2013.
Sec. 1706. Notwithstanding section 1101, the level for
``Department of Agriculture, Forest Service, Wildland Fire
Management'' shall be $2,444,390,000. In addition to such
amount, there is appropriated $40,000,000 for an additional
amount for fiscal year 2013 for such account, to remain
available until expended, for repayment to other
appropriations accounts from which funds were transferred in
fiscal year 2012 for wildfire suppression.
Sec. 1707. The authority provided by section 331 of the
Department of the Interior and Related Agencies
Appropriations Act, 2000 (enacted by reference in section
1000(a)(3) of Public Law 106-113; 16 U.S.C. 497 note) shall
continue in effect through the date specified in section 1106
of this division.
Sec. 1708. Notwithstanding section 1101, the level for
``Presidio Trust, Presidio Trust Fund'' and ``Dwight D.
Eisenhower Memorial Commission, Capital Construction'' shall
be $0.
Sec. 1709. Notwithstanding section 1101, section 408 of
division E of Public Law 112-74 (125 Stat. 1038) shall be
applied to funds appropriated by this division by
substituting ``112-10, and 112-74'' for ``112-10'' and by
substituting ``2012'' for ``2011''.
[[Page H1028]]
TITLE VIII--LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED
AGENCIES
Sec. 1801. Of the funds made available to the ``Department
of Labor, Employment and Training Administration'' from any
previous appropriations acts that remain unobligated as of
the date of enactment of this division, up to $40,000,000 may
be transferred to ``Employment and Training Administration,
Office of Job Corps'' for Job Corps operations for program
years 2012 and 2013 and shall be in addition to any other
amounts available to the Office of Job Corps for such
purposes: Provided, That not less than $15,000,000 shall be
transferred within 30 days of enactment of this division to
support Job Corps operations for the program year ending June
30, 2013: Provided further, That, not later than 15 days
after any transfer has been made under the authority of this
section, the Secretary of Labor shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate that details the source of the transferred
funds and the specific programs, projects, or activities for
which such funds will be used, and provides a detailed
explanation of the need for such transfer.
Sec. 1802. Notwithstanding section 1101, the level for
``Department of Labor, Veterans Employment and Training''
shall be $264,436,000, of which $226,251,000 shall be derived
from the Employment Security Administration Account in the
Unemployment Trust Fund: Provided, That the level provided
under such heading for Veterans Workforce Investment Program
grants shall be used for the Transition Assistance Program
and activities authorized by the VOW to Hire Heroes Act of
2011, shall be available through September 30, 2013, and
shall be in addition to any other funds available for those
purposes: Provided further, That of the level provided under
such heading, not less than $14,000,000 shall be for the
Transition Assistance Program, and $3,414,000 shall be for
the National Veterans' Employment and Training Services
Institute.
Sec. 1803. The first proviso under the heading
``Department of Health and Human Services, Administration for
Children and Families, Low Income Home Energy Assistance'' in
division F of Public Law 112-74 shall be applied to amounts
made available by this division by substituting ``2013'' for
``2012''.
Sec. 1804. Notwithstanding section 1101, the level for
``Department of Health and Human Services, Administration for
Children and Families, Refugee and Entrant Assistance'' shall
be $992,000,000.
Sec. 1805. Notwithstanding section 1101, the rescissions
made in sections 522 and 525 of division F of Public Law 112-
74 shall be repeated in this division with respect to funds
available for fiscal year 2013.
Sec. 1806. Of the amount provided by section 1101 for
``Department of Education, Safe Schools and Citizenship
Education'' for subpart 2 of part A of title IV of the
Elementary and Secondary Education Act of 1965, $3,000,000,
to remain available until expended, shall be for the Project
School Emergency Response to Violence program to provide
education-related services to local educational agencies and
institutions of higher education in which the learning
environment has been disrupted due to a violent or traumatic
crisis.
TITLE IX--LEGISLATIVE BRANCH
Sec. 1901. (a) Of the amounts made available by section
1101 for accounts under the heading ``Architect of the
Capitol'', the Architect of the Capitol may transfer an
aggregate amount of not more than $61,247,000 to ``Architect
of the Capitol, Capitol Building'', solely for expenses
related to the rehabilitation of the United States Capitol
Dome.
(b) The transfer of amounts under the authority of
subsection (a) shall be subject to the approval of the
Committees on Appropriations of the House of Representatives
and Senate.
(c) Any amounts transferred under the authority of
subsection (a) shall remain available until expended.
TITLE X--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
Sec. 2001. (a) Notwithstanding section 1101, the level for
the following accounts shall be as follows: ``Overseas
Contingency Operations/Global War on Terrorism, Department of
State, Administration of Foreign Affairs, Diplomatic and
Consular Programs'', $4,169,640,000, of which $952,695,000 is
for Worldwide Security Protection (to be available until
expended); and ``Overseas Contingency Operations/Global War
on Terrorism, Department of State, Administration of Foreign
Affairs, Embassy Security, Construction, and Maintenance'',
$1,362,124,000: Provided, That funds made available under
this subsection shall be used for operations at high threat
posts, security programs to protect personnel and property
under Chief of Mission authority, preventing the compromise
of classified United States Government information and
equipment, and security construction or upgrade requirements
at Department of State facilities worldwide, including for
Worldwide Security Upgrades.
(b) Of the unobligated balances from funds appropriated in
title VIII of division I of Public Law 112-74 under the
heading ``Overseas Contingency Operations/Global War on
Terrorism, Department of State, Administration of Foreign
Affairs, Diplomatic and Consular Programs'' and designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985,
$1,109,700,000 is rescinded.
(c) The Secretary of State shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate providing an assessment of security
requirements at United States diplomatic facilities abroad, a
comprehensive plan for addressing such requirements, and a
detailed description of embassy security improvements to be
supported from funds made available under this section. Such
report shall be submitted in unclassified form, but may
include a classified annex if appropriate.
Sec. 2002. The amounts included in the first paragraph
under the heading ``International Security Assistance, Funds
Appropriated to the President, Foreign Military Financing
Program'' in title IV of division I of Public Law 112-74
shall be applied to funds appropriated by this division by
substituting in the second proviso ``$3,100,000,000'' for
``$3,075,000,000'' and by substituting in the fourth proviso
``$815,300,000'' for ``$808,725,000''.
Sec. 2003. (a) Notwithstanding section 1101, the level for
each of the following accounts shall be $0: ``Multilateral
Assistance, International Financial Institutions,
Contribution to the Enterprise for the Americas Multilateral
Investment Fund'' and ``Multilateral Assistance,
International Financial Institutions, European Bank for
Reconstruction and Development, Limitation on Callable
Capital Subscriptions''.
(b) Notwithstanding section 1101, the level for the second
paragraph for each of the following accounts shall be $0:
``Multilateral Assistance, International Financial
Institutions, Contribution to the International Development
Association'', ``Multilateral Assistance, International
Financial Institutions, Contribution to the Inter-American
Development Bank'', and ``Multilateral Assistance,
International Financial Institutions, Contribution to the
African Development Fund''.
Sec. 2004. The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-
167) is amended--
(a) in section 599D (8 U.S.C. 1157 note)--
(1) in subsection (b)(3), by striking ``and 2012'' and
inserting ``2012, and 2013''; and
(2) in subsection (e), by striking ``2012'' each place it
appears and inserting ``2013''; and
(b) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2012'' and inserting ``2013''.
Sec. 2005. Of the unexpended balances available under the
heading ``Export and Investment Assistance, Export-Import
Bank of the United States, Subsidy Appropriation'' from prior
Acts making appropriations for the Department of State,
foreign operations, and related programs, $216,213,000 is
rescinded.
TITLE XI--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
Sec. 2101. (a) Section 120 of division C of Public Law 112-
55 shall not apply to amounts made available by this
division.
(b) During the period covered by this division, section
1102 of Public Law 112-141 shall be applied--
(1) in subsection (a)(1), by substituting
``$39,143,582,670'' for ``$39,699,000,000'';
(2) in subsection (b)(10), as if the limitation applicable
through fiscal year 2011 applied through fiscal year 2012;
and
(3) in subsection (c)(5), by treating the reference to
section 204 of title 23, United States Code, as a reference
to sections 202 and 204 of such title.
Sec. 2102. Notwithstanding section 1101, the level for
``Department of Transportation, National Highway Traffic
Safety Administration, Highway Traffic Safety Grants'' shall
be $501,828,000: Provided, That the matter under such heading
in division C of Public Law 112-55 shall be applied to
amounts made available by this division as follows:
(1) by substituting ``$501,828,000'' for ``$550,328,000''
the second place it appears;
(2) by substituting ``23 U.S.C. 402 and 405 (`National
Priority Safety Programs'), section 31101(a)(6) of Public Law
112-141, and section 2009 of Public Law 109-59 (as amended by
Public Law 112-141)'' for ``23 U.S.C. 402, 405, 406, 408, and
410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public
Law 109-59'' each place it appears;
(3) by substituting ``fiscal year 2013'' for ``fiscal year
2012'';
(4) by substituting `` `Occupant Protection Grants' under
23 U.S.C. 405(b)'' for `` `Occupant Protection Incentive
Grants' under 23 U.S.C. 405'';
(5) by substituting ``$0'' for ``$48,500,000'';
(6) by substituting `` `State Traffic Safety Information
System Improvements' under 23 U.S.C. 405(c)'' for `` `State
Traffic Safety Information System Improvements' under 23
U.S.C. 408'';
(7) by substituting `` `Impaired Driving Countermeasures'
under 23 U.S.C. 405(d)'' for `` `Alcohol-Impaired Driving
Countermeasures Incentive Grant Program' under 23 U.S.C.
410'';
(8) by substituting `` `Administrative Expenses' under
section 31101(a)(6) of Public Law 112-141'' for ``
`Administrative Expenses' under section 2001(a)(11) of Public
Law 109-59'';
(9) by substituting `` `Motorcyclist Safety' under 23
U.S.C. 405(f)'' for `` `Motorcyclist Safety' under section
2010 of Public Law 109-59'';
[[Page H1029]]
(10) by substituting `` `Occupant Protection Grants' under
23 U.S.C. 405(b)'' for `` `Child Safety and Child Booster
Seat Safety Incentive Grants' under section 2011 of Public
Law 109-59'';
(11) by substituting ``section 405(a)(1)(C) of title 23,
United States Code'' for ``section 410 `Alcohol-Impaired
Driving Countermeasures Grants' '';
(12) by substituting ``$0'' for ``$750,000''; and
(13) by substituting ``$0'' for ``$25,000,000''.
Sec. 2103. The matter under the heading ``Department of
Transportation, Federal Transit Administration, Formula and
Bus Grants'' in division C of Public Law 112-55 shall be
applied to amounts made available by this division by
substituting ``49 U.S.C. 5305, 5307, 5310, 5311, 5318,
5322(d), 5335, 5337, 5339, and 5340'' for ``49 U.S.C. 5305,
5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339,
and 5340 and section 3038 of Public Law 105-178, as amended''
each place it appears.
Sec. 2104. Section 601(e)(1)(B) of division B of Public
Law 110-432 shall be applied by substituting the date
specified in section 1106 of this division for ``4 years
after such date''.
Sec. 2105. Section 112 of division C of Public Law 112-55
shall be applied to funds appropriated by this division by
treating such section as if it were amended by striking ``49
U.S.C. 41742(b) shall not apply, and''.
Sec. 2106. The first proviso under the heading
``Department of Housing and Urban Development, Community
Planning and Development, Homeless Assistance Grants'' in
division C of Public Law 112-55 (125 Stat. 685) shall be
applied to amounts appropriated by this division by
substituting ``not more than'' for ``not less than''.
Sec. 2107. Notwithstanding section 1101, the level for
``Department of Housing and Urban Development, Public and
Indian Housing, Indian Housing Loan Guarantee Fund Program
Account'' shall be $7,360,000: Provided, That the second
proviso under such heading in division C of Public Law 112-55
shall be applied to funds appropriated by this division by
substituting ``$976,000,000'' for ``$360,000,000''.
This division may be cited as the ``Full-Year Continuing
Appropriations Act, 2013''.
DIVISION D--ACROSS-THE-BOARD REDUCTIONS
Sec. 3001. (a) There is hereby rescinded the applicable
percentage (as specified in subsection (b)) of--
(1) the budget authority provided (or obligation limit
imposed) for fiscal year 2013 for any discretionary account
in divisions A through C of this Act;
(2) the budget authority provided in any advance
appropriation for fiscal year 2013 for any discretionary
account in any prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2013 for
any program subject to limitation incorporated or otherwise
contained in divisions A through C of this Act.
(b)(1) For purposes of subsection (a), the applicable
percentage shall be--
(A) for budget authority in the nonsecurity category (as
defined in section 250(c)(4)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985), 0.098 percent; and
(B) for budget authority in the security category (as
defined in section 250(c)(4)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985), 0.109 percent.
(2) If, for fiscal year 2013, the amount of new budget
authority provided in appropriation Acts exceeds the
discretionary spending limits set forth in section 251(c)(2)
of the Balanced Budget and Emergency Deficit Control Act on
new budget authority for any category due to estimating
differences with the Congressional Budget Office, the
Director of the Office of Management and Budget shall
increase the applicable percentage in paragraph (1) with
respect to that category by such amount as is necessary to
eliminate the amount of the excess in that category.
(c) Any rescission made by subsection (a) shall be applied
proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in the applicable appropriation Act
or accompanying reports covering such account or item).
(d) This section shall not apply to--
(1) amounts designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act; or
(2) the amount made available by division C of this Act for
``Social Security Administration, Limitation on
Administrative Expenses'' for continuing disability reviews
under titles II and XVI of the Social Security Act and for
the cost associated with conducting redeterminations of
eligibility under title XVI of the Social Security Act.
(e) Within 30 days after the date of the enactment of this
section, the Director of the Office of Management and Budget
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a report specifying the
account and amount of each rescission made pursuant to this
section.
Sec. 3002. Notwithstanding any other provision of this
Act, if, on or after the date of enactment of this Act, a
sequestration order issued by the President pursuant to
section 251A(7)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is in effect, the reductions in
each discretionary account under such order shall apply to
the amounts provided in this Act consistent with section
253(f) of that Act, and shall be in addition to any
reductions required by section 251(a) of that Act.
EXPLANATORY STATEMENT SUBMITTED BY MR. ROGERS OF KENTUCKY, CHAIRMAN OF
THE HOUSE COMMITTEE ON APPROPRIATIONS REGARDING H.R. 933, THE
DEPARTMENT OF DEFENSE, MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND
FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2013
The following is an explanation of the Department of
Defense, Military Construction and Veterans Affairs, and
Full-Year Continuing Appropriations Act, 2013.
The divisions contained in the Act are as follows:
Division A--Department of Defense Appropriations Act, 2013;
Division B--Military Construction and Veterans Affairs, and
Related Agencies Appropriations Act, 2013;
Division C--Full-Year Continuing Appropriations Act, 2013;
and
Division D--Across-the-Board Reductions.
Section 3 of the Act states that, unless expressly provided
otherwise, any reference to ``this Act'' contained in any
division shall be treated as referring only to the provisions
of that division.
Section 4 of the Act specifies that this explanatory
statement shall have the same effect with respect to the
allocation of funds and implementation of this legislation as
if it were a joint explanatory statement of a committee of
conference.
Section 5 of the Act states that each amount designated by
Congress as being for Overseas Contingency Operations/Global
War on Terrorism is contingent on the President so
designating all such amounts and transmitting such
designations to Congress. The provision is consistent with
the requirements in the Budget Control Act of 2011 for
Overseas Contingency Operations/Global War on Terrorism
designations by the President.
References in this explanatory statement to ``conferees''
are deemed to be references to the Committees on
Appropriations of the House of Representatives and the
Senate, and references to the ``conference agreement'' are
deemed, in the case of division A, to be references to the
Department of Defense Appropriations Act, 2013, and in the
case of division B, to be references to the Military
Construction and Veterans Affairs, and Related Agencies
Appropriations Act, 2013.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2013
The conference agreement on the Department of Defense
Appropriations Act, 2013, incorporates some of the provisions
of both the House and the Senate versions of the bill. The
language and allocations set forth in House Report 112-493
and Senate Report 112-196 shall be complied with unless
specifically addressed to the contrary in the accompanying
bill and explanatory statement.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
The conferees agree that for the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), as amended by the Balanced Budget and Emergency
Deficit Control Reaffirmation Act of 1987 (Public Law 100-
119) and by the Budget Enforcement Act of 1990 (Public Law
101-508), the terms ``program, project, and activity'' for
appropriations contained in this Act shall be defined as the
most specific level of budget items identified in the
Department of Defense Appropriations Act, 2013, the related
classified annexes and explanatory statements, and the P-1
and R-1 budget justification documents as subsequently
modified by congressional action. The following exception to
the above definition shall apply: for the military personnel
and the operation and maintenance accounts, for which the
term ``program, project, and activity'' is defined as the
appropriations accounts contained in the Department of
Defense Appropriations Act.
At the time the President submits the budget for fiscal
year 2014, the Department of Defense is directed to transmit
to the congressional defense committees budget justification
documents to be known as the ``M-1'' and ``O-1'' which shall
identify, at the budget activity, activity group, and sub-
activity group level, the amounts requested by the President
to be appropriated to the Department of Defense for military
personnel and operation and maintenance in any budget
request, or amended budget request, for fiscal year 2014.
In carrying out any Presidential sequestration, the
Department of Defense and related agencies shall conform to
the definition for ``program, project, and activity'' set
forth above except that military personnel accounts will be
exempt from sequestration per the notification made by the
Director of the Office of Management and Budget on July 31,
2012.
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in the
accompanying classified annex.
CONGRESSIONAL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414). Each of these
[[Page H1030]]
items must be carried on the DD Form 1414 at the stated
amount, as specifically addressed in the explanatory
statement.
REPROGRAMMING GUIDANCE
The conferees direct the Secretary of Defense to continue
to follow the reprogramming guidance for acquisition accounts
as specified in the report accompanying the House version of
the fiscal year 2008 Department of Defense Appropriations
bill (House Report 110-279). For operation and maintenance
accounts, the Department of Defense shall continue to follow
the reprogramming guidelines specified in the conference
report accompanying H.R. 3222, the Department of Defense
Appropriations Act, 2008. The dollar threshold for
reprogramming funds shall remain at $15,000,000 for operation
and maintenance; $20,000,000 for procurement; and $10,000,000
for research, development, test and evaluation.
Also, the conferees direct the Under Secretary of Defense
(Comptroller) to continue to provide the congressional
defense committees annual DD Form 1416 reports for titles I
and II and quarterly, spreadsheet-based DD Form 1416 reports
for service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified
dollar threshold or 20 percent of the procurement or
research, development, test and evaluation line, whichever is
less. These thresholds are cumulative from the base for
reprogramming value as modified by any adjustments.
Therefore, if the combined value of transfers into or out of
an operation and maintenance (O-1), a procurement (P-1), or a
research, development, test and evaluation (R-1) line exceeds
the identified threshold, the Department of Defense must
submit a prior approval reprogramming to the congressional
defense committees. In addition, guidelines on the
application of prior approval reprogramming procedures for
congressional special interest items are established
elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables.
SHIP MODERNIZATION, OPERATIONS AND SUSTAINMENT FUND
As detailed in House Report 112-493 and Senate Report 112-
196, the conferees remain concerned with the Navy's proposal
to prematurely retire capable and relevant ships with over
100 years of remaining service life following an initial
investment of no less than $11,600,000,000 in current fiscal
year 2012 dollars.
Therefore, the conferees recommend denying these proposed
retirements and direct the Secretary of the Navy to retain
this force structure in its entirety. The conferees recommend
full funding, as identified by the Navy, to man, operate,
sustain, upgrade, and modernize only CG-63, CG-64, CG-65, CG-
66, CG-68, CG-69, CG-73, LSD-41, and LSD-46 in the ``Ship
Modernization, Operations and Sustainment Fund'', as
specified elsewhere in this conference agreement. The
conferees recommend full funding for all known requirements
only for these specific platforms for the next two fiscal
years, and provide the Secretary of the Navy the authority to
transfer funds from the ``Ship Modernization, Operations and
Sustainment Fund'' to the appropriate appropriation accounts
in the year of execution following 30 day prior notification
to the congressional defense committees. The conferees direct
funds to be transferred in accordance with the requirements
previously identified to the congressional defense committees
by the Navy and further direct that any deviation from those
requirements shall be fully and clearly identified to the
congressional defense committees prior to the initiation of
any such transfer. The conferees believe that this approach
provides the fiscal relief required by the Navy to maintain
this force structure and allows the Navy sufficient time to
plan and budget for this force structure in future budget
submissions.
Additionally, the conferees direct the Comptroller General
to review the Navy's methodology and analysis regarding its
decommissioning proposal, to include an analysis of the
extent to which readiness metrics, maintenance, and
inspection data; operating and support costs; and cost
metrics related to initial and proposed curtailed service
lives were considered. This review shall also address the
extent to which decommissioning costs and any costs for
maintaining or acquiring like capabilities were
considered, the extent to which combatant command
requirements were taken into account when the proposal was
made, and the impact of the reduced fleet size on the
Navy's ability to meet operational and personnel tempo
goals and maintenance requirements. The results of this
review should be submitted to the congressional defense
committees not later than 180 days after the enactment of
this Act.
In addition, the USS Port Royal (CG-73) incurred
significant damage following a grounding incident in 2009.
Following the incident, the ship was repaired and has since
completed a deployment. However, while the Navy claims that
the ship never completely recovered from the grounding, the
Navy has failed to provide adequate analysis and cost data on
the structural condition of the USS Port Royal. Therefore,
the conferees direct the Secretary of the Navy to carry out
an independent structural assessment of the Port Royal that
includes a comparative structural assessment to other
cruisers of the same class. The independent review shall
provide a detailed cost estimate to repair the ship and how
that estimate differs from the cost to repair other cruisers
of the same class, including what issues would be corrected
during planned maintenance availabilities. The conferees
further direct that this independent assessment be certified
by the Government Accountability Office (GAO). Both the
independent review and the GAO certification should be
submitted to the congressional defense committees not later
than 180 days after the enactment of this Act.
FORCE STRUCTURE
The conferees agree to include a provision that prohibits
the Air Force from using funds made available by this Act to
retire, divest, realign, or transfer aircraft, or to
disestablish or convert units, with an exception for actions
proposed in the fiscal year 2013 budget request affecting C-
5, C-17, and E-8 aircraft, and their associated units.
The conferees do not agree to require the Air Force to
submit cost-benefit analyses for the force structure
proposals in the fiscal year 2013 budget request, as proposed
by the House. However, the conferees expect that any future
force structure proposals submitted by the Air Force will be
transparently and comprehensively justified.
CONFERENCES
The conferees agree to not retain a reporting requirement
as established in House Report 112-493 accompanying the
Department of Defense Appropriations Act, 2013, which directs
the Inspector General to provide reports to the congressional
defense committees on conferences.
TREATY COMPLIANCE
The conferees believe compliance with nuclear arms control
treaties is vital to our national security. The Secretary of
Defense is directed to notify the congressional defense
committees if any parties with which the United States has
signed a nuclear arms control treaty are violating or acting
inconsistently with the terms of that treaty.
BASE REALIGNMENT AND CLOSURE
The conferees do not support further rounds of Base
Realignment and Closure (BRAC). As such, there are no funds
included in this Act for new BRAC activities.
TITLE I--MILITARY PERSONNEL
The conference agreement provides $127,533,073,000 in Title
I, Military Personnel, instead of $128,462,794,000 as
proposed by the House and $127,502,463,000 as proposed by the
Senate. The conference agreement on items addressed by either
the House or the Senate is as follows:
[[Page H1031]]
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[[Page H1033]]
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[[Page H1034]]
PERMANENT CHANGE OF STATION EFFICIENCIES
The conferees recommend a total reduction of $146,793,000
in the Permanent Change of Station (PCS) budgets for program
efficiencies. The conferees recognize that potential cost
savings could be found in the PCS program. The conferees
direct the Under Secretary of Defense (Personnel and
Readiness) to conduct a review of the PCS program to identify
potential efficiencies and to submit a report to the
congressional defense committees not later than 180 days
after the enactment of this Act on its findings. The
conferees understand that each of the Services have increased
time on station requirements but that the Services are not
meeting these goals. As such, the report should include a
review of the reasons that the Services have not met the
increased time on station goals and a plan to achieve them,
including the budget efficiencies that can be gained by
increased tour lengths. Furthermore, the report should
consider the potential impact of increased tour lengths on
servicemembers' job performance and on morale and quality of
life for servicemembers and their families. It should also
include how a change in policy would impact promotion and
professional development opportunities, personnel readiness,
and quality of life issues for servicemembers serving in
hardship or overseas locations.
COMPOSITE PAY RATES
For a number of years, the Government Accountability Office
(GAO) has used the Department of Defense's composite pay
rates in its military personnel end strength analysis to
estimate the financial impact of work year variances on the
Services' military personnel budget requests. Although this
information has been important to the congressional defense
committees in their budget analyses, the conferees believe
that GAO's estimates would be more useful if the analysis was
made available earlier in the budget process. Therefore, to
improve the timeliness of the GAO analysis, the conferees
direct that the Services' composite budget pay rates should
be reviewed, approved, and published not later than 30 days
after the President's budget request is submitted to the
Congress.
MILITARY PERSONNEL, ARMY
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1037]]
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MILITARY PERSONNEL, NAVY
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1040]]
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MILITARY PERSONNEL, MARINE CORPS
The conference agreement on items addressed by either the
House or the Senate is as follows:
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MILITARY PERSONNEL, AIR FORCE
The conference agreement on items addressed by either the
House or the Senate is as follows:
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RESERVE PERSONNEL, ARMY
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1048]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.017
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RESERVE PERSONNEL, NAVY
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH06MR13.018
[[Page H1050]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.019
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RESERVE PERSONNEL, MARINE CORPS
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH06MR13.020
[[Page H1052]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.021
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RESERVE PERSONNEL, AIR FORCE
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1054]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.023
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NATIONAL GUARD PERSONNEL, ARMY
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1056]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.025
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NATIONAL GUARD PERSONNEL, AIR FORCE
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH06MR13.026
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[GRAPHIC] [TIFF OMITTED] TH06MR13.027
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TITLE II--OPERATION AND MAINTENANCE
The conference agreement provides $173,494,558,000 in Title
II, Operation and Maintenance, instead of $175,103,569,000 as
proposed by the House and $170,785,490,000 as proposed by the
Senate. The conference agreement on items addressed by either
the House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH06MR13.028
[[Page H1060]]
REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE ACCOUNTS
The conferees direct the Secretary of Defense to continue
to follow the reprogramming guidelines specified in the
conference report accompanying H.R. 3222, the Department of
Defense Appropriations Act, 2008. Specifically, the dollar
threshold for reprogramming funds shall remain at $15,000,000
for operation and maintenance accounts.
Also, the conferees direct the Under Secretary of Defense
(Comptroller) to continue to provide the congressional
defense committees annual DD Form 1416 reports for service
and defense-wide accounts in titles I and II of this Act.
Further, the conferees direct the Under Secretary of Defense
(Comptroller) to submit the Base for Reprogramming (DD Form
1414) for each of the fiscal year 2013 appropriations
accounts not later than 60 days after the enactment of this
Act. The Secretary of Defense is prohibited from executing
any reprogramming or transfer of funds for any purpose other
than originally appropriated until the aforementioned report
is submitted to the House and Senate Appropriations
Committees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' operation and maintenance accounts between O-1
budget activities in excess of $15,000,000. In addition, the
Secretary of Defense should follow prior approval
reprogramming procedures for transfers in excess of
$15,000,000 out of the following budget sub-activities:
Army:
Maneuver units
Modular support brigades
Land forces operations support
Force readiness operations support
Land forces depot maintenance
Base operations support
Facilities Sustainment, Restoration, and Modernization
Navy:
Aircraft depot maintenance
Ship depot maintenance
Facilities Sustainment, Restoration, and Modernization
Marine Corps:
Depot maintenance
Facilities Sustainment, Restoration, and Modernization
Air Force:
Primary combat forces
Combat enhancement forces
Combat communications
Facilities Sustainment, Restoration, and Modernization
Operating forces depot maintenance
Mobilization depot maintenance
Training and recruiting depot maintenance
Administration and service-wide depot maintenance
Air Force Reserve:
Depot maintenance
Air National Guard:
Depot maintenance
Finally, the Secretary of Defense should follow prior
approval reprogramming procedures for transfers in excess of
$15,000,000 into the following budget sub-activity:
Operation and Maintenance, Army National Guard: Other
personnel support/recruiting and advertising
With respect to Operation and Maintenance, Defense-Wide,
proposed transfers of funds to or from the levels specified
for defense agencies in excess of $15,000,000 shall be
subject to prior approval reprogramming procedures.
MILITARY INFORMATION SUPPORT OPERATIONS
The conference agreement includes $187,200,000 for
Department of Defense military information support
operations, instead of $170,100,000 as proposed by the House
and $228,600,000 as proposed by the Senate. Of the total
amount, the conference agreement includes $32,400,000 in
title II and $154,800,000 in title IX of this division. The
allocation of funding by combatant command and funding levels
for certain programs is specifically delineated in the
classified annex accompanying this Act. Those items shall be
considered congressional special interest items and be
subject to normal reprogramming procedures. The conferees
reiterate the direction in House Report 112-493 regarding
congressional budget justifications and reporting
requirements for military information support operations.
SPECIAL OPERATIONS COMMAND NATIONAL CAPITAL REGION
The conferees are aware of a proposal to establish a
Special Operations Command National Capital Region (SOCOM-
NCR) entity. While no funds were requested for this activity
in either the fiscal year 2012 or fiscal year 2013 budget
submissions, the conferees understand that SOCOM began this
initiative using fiscal year 2012 Overseas Contingency
Operations funds. Unfortunately, few details have been
provided regarding the basis for this proposal and the
expected efficiencies. Therefore, the conferees direct that
no funds made available in this Act shall be used for the
SOCOM-NCR until 30 days after the congressional defense
committees have received a copy of the Secretary of Defense's
waiver of Section 8018 of this Act and a report which
describes the purpose of, and activities to be performed by
the SOCOM-NCR, an explanation of the impact of this proposal
on existing activities at SOCOM headquarters, and a detailed,
by fiscal year, breakout of the staffing and costs associated
with its establishment over the future years defense program.
OPERATION AND MAINTENANCE, ARMY
The conference agreement on items addressed by either the
House or the Senate is as follows:
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OPERATION AND MAINTENANCE, NAVY
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[GRAPHIC] [TIFF OMITTED] TH06MR13.035
[[Page H1068]]
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[[Page H1069]]
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[[Page H1070]]
OPERATION AND MAINTENANCE, MARINE CORPS
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1071]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.039
[[Page H1072]]
OPERATION AND MAINTENANCE, AIR FORCE
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[GRAPHIC] [TIFF OMITTED] TH06MR13.041
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[GRAPHIC] [TIFF OMITTED] TH06MR13.044
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OPERATION AND MAINTENANCE, DEFENSE-WIDE
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[GRAPHIC] [TIFF OMITTED] TH06MR13.046
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OPERATION AND MAINTENANCE, ARMY RESERVE
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1082]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.050
[[Page H1083]]
OPERATION AND MAINTENANCE, NAVY RESERVE
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1084]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.052
[[Page H1085]]
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH06MR13.053
[[Page H1086]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.054
[[Page H1087]]
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH06MR13.055
[[Page H1088]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.056
[[Page H1089]]
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1090]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.058
[[Page H1091]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.059
[[Page H1092]]
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1093]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.061
[[Page H1094]]
UNITED STATES COURT OF APPEALS FOR THE ARMED SERVICES
The conference agreement provides $13,516,000 for the
United States Court of Appeals for the Armed Services, as
proposed by both the House and the Senate.
ENVIRONMENTAL RESTORATION, ARMY
The conference agreement provides $335,921,000 for
Environmental Restoration, Army, as proposed by both the
House and the Senate.
ENVIRONMENTAL RESTORATION, NAVY
The conference agreement provides $310,594,000 for
Environmental Restoration, Navy, as proposed by both the
House and the Senate.
ENVIRONMENTAL RESTORATION, AIR FORCE
The conference agreement provides $529,263,000 for
Environmental Restoration, Air Force, as proposed by both the
House and the Senate.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
The conference agreement provides $11,133,000 for
Environmental Restoration, Defense-Wide, as proposed by both
the House and the Senate.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
The conference agreement provides $287,543,000 for
Environmental Restoration, Formerly Used Defense Sites, as
proposed by the Senate, instead of $237,543,000 as proposed
by the House.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
The conference agreement provides $108,759,000 for Overseas
Humanitarian, Disaster, and Civic Aid, as proposed by both
the House and the Senate.
COOPERATIVE THREAT REDUCTION ACCOUNT
The conference agreement provides $519,111,000 for the
Cooperative Threat Reduction Account, as proposed by both the
House and the Senate.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND
The conference agreement provides $50,198,000 for the
Department of Defense Acquisition Workforce Development Fund,
as proposed by the House, instead of $720,000,000 as proposed
by the Senate.
TITLE III--PROCUREMENT
The conference agreement provides $100,350,714,000 in Title
III, Procurement, instead of $102,512,191,000 as proposed by
the House and $97,635,496,000 as proposed by the Senate. The
conference agreement on items addressed by either the House
or the Senate is as follows:
[[Page H1095]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.062
[[Page H1096]]
SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount, as specifically addressed in
the explanatory statement.
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The conferees direct the Secretary of Defense to continue
to follow the reprogramming guidance as specified in the
report accompanying the House version of the fiscal year 2008
Department of Defense Appropriations bill (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds will remain at $20,000,000 for procurement and
$10,000,000 for research, development, test and evaluation.
Also, the conferees direct the Under Secretary of Defense
(Comptroller) to continue to provide the congressional
defense committees quarterly, spreadsheet-based DD Form 1416
reports for service and defense-wide accounts in titles III
and IV of this Act. Reports for titles III and IV shall
comply with the guidance specified in the explanatory
statement accompanying the Department of Defense
Appropriations Act, 2006. The Department shall continue to
follow the limitation that prior approval reprogrammings are
set at either the specified dollar threshold or 20 percent of
the procurement or research, development, test and evaluation
line, whichever is less. These thresholds are cumulative from
the base for reprogramming value as modified by any
adjustments. Therefore, if the combined value of transfers
into or out of a procurement (P-1) or research, development,
test and evaluation (R-1) line exceeds the identified
threshold, the Department of Defense must submit a prior
approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of
prior approval reprogramming procedures for congressional
special interest items are established elsewhere in this
statement.
DIMINISHING MANUFACTURING SOURCES COSTS IN MISSILE PROGRAMS
The conferees are concerned by the level of diminishing
manufacturing sources (DMS) costs in Department of Defense
tactical missile programs, particularly the Advanced Medium
Range Air-to-Air Missile (AMRAAM). The conferees direct the
Under Secretary of Defense (Acquisition, Technology, and
Logistics), in coordination with the Service secretaries, to
provide two reports to the congressional defense committees.
The first report shall provide information on the
management of DMS costs within the AMRAAM program, to include
an explanation of the cost drivers of AMRAAM DMS; an
explanation of the AMRAAM program's approach to DMS
management and its conformity with departmental guidance and
best practices; an economic analysis demonstrating the costs
and benefits, including the break-even point, of the AMRAAM
DMS program; and an analysis of the impact of foreign
military sales on AMRAAM DMS costs and management. This
report shall be submitted not later than 120 days after the
enactment of this Act.
The second report shall provide information on the broader
issue of DMS costs and management across all tactical missile
procurement programs. This report shall provide an overview
of current strategies for addressing DMS, including current
and planned joint activities that address common DMS issues;
an explanation of the key tactical missile DMS cost drivers;
a comparison of DMS costs across all tactical missile
programs; and an analysis of the impact of foreign military
sales on DMS costs and management. This report shall be
submitted not later than 180 days after the enactment of this
Act.
In addition, the conferees direct the Secretaries of the
Air Force and the Navy to report DMS costs separately from
missile unit costs in future budget exhibits to enhance the
congressional defense committees' ability to oversee DMS
costs.
JOINT STRIKE FIGHTER ADVANCE PROCUREMENT AND CONTRACT DELAYS
The conferees are concerned with the Joint Strike Fighter
(JSF) contract award timelines and the negative impacts on
the JSF subcontractor workforce. The combination of
inconsistencies in JSF advance procurement for each variant
and the contract award delays have a potential to put the
industrial base at risk or jeopardize the aircraft delivery
schedule. Therefore, the conferees direct the Secretary of
Defense to provide a report which examines the authorities
and use of JSF advance procurement, including the rationale
for the cost differences in advance procurement among the
aircraft variants and their associated impacts to the
subcontractor workforce. Additionally, the report should
examine the causes of procurement contract award delays and
the planned corrective action to ensure that final award of
the production contracts occurs within the year of
appropriation. This report shall be submitted to the
congressional defense committees not later than 120 days
after the enactment of this Act.
USE OF UNMANNED AERIAL VEHICLES IN DOMESTIC AIRSPACE
The conferees are aware of concerns that have been raised
regarding the use of unmanned aerial vehicles (UAV) and their
sensors in domestic airspace. The conferees understand that
the Air Force has policies and procedures in place governing
the disposition of UAV collections that may inadvertently
capture matters of concern to law enforcement agencies. These
policies and procedures are designed to ensure constitutional
protections and proper separation between the military and
law enforcement. However, it is unclear if other Services and
Defense agencies have similar policies and procedures in
place, or if these policies and procedures need to be revised
or standardized. Therefore, the conferees direct the
Secretary of Defense to report to the congressional defense
committees on the policies and procedures in place across the
Services and Defense agencies governing the use of such
collections and to identify any additional steps that need to
be taken to ensure that such policies and procedures are
adequate and consistent across the Department of Defense.
This report shall be submitted not later than 90 days after
the enactment of this Act.
AIRCRAFT PROCUREMENT, ARMY
The conference agreement on items addressed by either the
House or the Senate is as follows:
[[Page H1097]]
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[[Page H1099]]
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[[Page H1100]]
MISSILE PROCUREMENT, ARMY
The conference agreement on items addressed by either the
House or the Senate is as follows:
[[Page H1101]]
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[[Page H1102]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.067
[[Page H1103]]
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1104]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.069
[[Page H1105]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.070
[[Page H1106]]
PROCUREMENT OF AMMUNITION, ARMY
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1107]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.072
[[Page H1108]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.073
[[Page H1109]]
OTHER PROCUREMENT, ARMY
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[GRAPHIC] [TIFF OMITTED] TH06MR13.075
[[Page H1111]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.076
[[Page H1112]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.077
[[Page H1113]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.078
[[Page H1114]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.079
[[Page H1115]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.080
[[Page H1116]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.081
[[Page H1117]]
CONTAINER HANDLING EQUIPMENT
The conferees do not agree to withhold funding made
available to the Army in this Act or any other appropriations
act for fiscal year 2013 or any previous fiscal year for the
procurement of container handling equipment. However, the
conference agreement retains a reporting requirement as
established in House Report 112-493, which directs the
Comptroller General to provide a report to the congressional
defense committees.
AIRCRAFT PROCUREMENT, NAVY
The conference agreement on items addressed by either the
House or the Senate is as follows:
[[Page H1118]]
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[[Page H1119]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.083
[[Page H1120]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.084
[[Page H1121]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.085
[[Page H1122]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.086
[[Page H1123]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.087
[[Page H1124]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.088
[[Page H1125]]
WEAPONS PROCUREMENT, NAVY
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1126]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.090
[[Page H1127]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.091
[[Page H1128]]
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH06MR13.092
[[Page H1129]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.093
[[Page H1130]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.094
[[Page H1131]]
SHIPBUILDING AND CONVERSION, NAVY
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH06MR13.095
[[Page H1132]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.096
[[Page H1133]]
VIRGINIA CLASS SUBMARINE
The conferees direct the Navy to include ten Virginia Class
Submarines in the program's next multi-year procurement
opportunity.
OTHER PROCUREMENT, NAVY
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH06MR13.097
[[Page H1134]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.098
[[Page H1135]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.099
[[Page H1136]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.100
[[Page H1137]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.101
[[Page H1138]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.102
[[Page H1139]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.103
[[Page H1140]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.104
[[Page H1141]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.105
[[Page H1142]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.106
[[Page H1143]]
PROCUREMENT, MARINE CORPS
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1144]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.108
[[Page H1145]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.109
[[Page H1146]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.110
[[Page H1147]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.111
[[Page H1148]]
AIRCRAFT PROCUREMENT, AIR FORCE
The conference agreement on items addressed by either the
House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH06MR13.112
[[Page H1149]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.113
[[Page H1150]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.114
[[Page H1151]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.115
[[Page H1152]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.116
[[Page H1153]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.117
[[Page H1154]]
B-52 COMBAT NETWORK COMMUNICATIONS TECHNOLOGY
The fiscal year 2013 budget request included no funds in
Aircraft Procurement, Air Force for the B-52 Combat Network
Communications Technology (CONECT) program despite a valid
requirement from the Air Force Global Strike Command.
Subsequent to the budget submission, the program achieved
conditional entry into Milestone C Low Rate Initial
Production (LRIP), with an LRIP contract award contingent
upon funding of the B-52 CONECT program in the fiscal year
2014 Program Objective Memorandum. Accordingly, the conferees
recommend the retention of prior year B-52 CONECT funding for
an LRIP contract award subject to the conditions identified
by the Milestone C Acquisition Decision Memorandum.
MISSILE PROCUREMENT, AIR FORCE
The conference agreement on items addressed by either the
House or the Senate is as follows:
[[Page H1155]]
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[[Page H1156]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.119
[[Page H1157]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.120
[[Page H1158]]
EVOLVED EXPENDABLE LAUNCH VEHICLE
The conference agreement provides $805,250,000 for Evolved
Expendable Launch Vehicle (EELV) Launch Services and
$654,606,000 for EELV Launch Capability. The funds are
provided in separate procurement lines to increase the budget
visibility of each program. The conferees direct that none of
the recommended reduction to the EELV Launch Capabilities
program be applied against mission assurance activities.
Finally, the conferees direct the Secretary of the Air Force
to provide clarification and definition of mission assurance
activities that can be correlated to the EELV program and
contract to the congressional defense committees not later
than 90 days after the enactment of this Act.
PROCUREMENT OF AMMUNITION, AIR FORCE
The conference agreement on items addressed by either the
House or the Senate is as follows:
[[Page H1159]]
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[[Page H1160]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.122
[[Page H1161]]
OTHER PROCUREMENT, AIR FORCE
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1162]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.124
[[Page H1163]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.125
[[Page H1164]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.126
[[Page H1165]]
PROCUREMENT, DEFENSE-WIDE
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[[Page H1166]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.128
[[Page H1167]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.129
[[Page H1168]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.130
[[Page H1169]]
DEFENSE PRODUCTION ACT PURCHASES
The conference agreement on items addressed by either the
House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Conference
------------------------------------------------------------------------
GALLIUM NITRIDE RADAR AND 5,031 5,031
ELECTRONIC WARFARE MONOLITHIC
MICROWAVE INTEGRATED CIRCUITS....
CADMIUM ZINC TELLURIDE SUBSTRATE 1,900 1,900
PRODUCTION.......................
READ OUT INTEGRATED CIRCUIT 1,200 1,200
FOUNDRY IMPROVEMENT AND
SUSTAINABILITY...................
SPACE QUALIFIED SOLAR CELL SUPPLY 1,000 1,000
CHAIN............................
TRAVELING WAVE TUBE AMPLIFIERS.... 1,320 1,320
COMPLEMENTARY METAL OXIDE 1,800 1,800
SEMICONDUCTOR FOCAL PLAN ARRAYS
FOR VISIBLE SENSORS FOR STAR
TRACKERS.........................
ADVANCED PROJECTS................. 1,280 1,280
PRODUCTION BASE INVESTMENT 5,658 0
ASSESSMENTS AND ACTIVITIES.......
Program reduction............. ................. -5,658
ADVANCED DROP-IN BIOFUEL 70,000 60,000
PRODUCTION.......................
Ahead of need................. ................. -10,000
PROGRAM INCREASE.................. ................. 150,000
-------------------------------------
TOTAL, DEFENSE PRODUCTION 89,189 223,531
ACT......................
------------------------------------------------------------------------
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The conference agreement provides $69,928,477,000 in Title
IV, Research, Development, Test and Evaluation, instead of
$69,984,145,000 as proposed by the House and $69,091,078,000
as proposed by the Senate. The conference agreement on items
addressed by either the House or the Senate is as follows:
[[Page H1170]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.131
[[Page H1171]]
special interest items
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' are congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount, as specifically addressed in
the explanatory statement.
reprogramming guidance for acquisition accounts
The conferees direct the Department of Defense to continue
to follow the reprogramming guidance specified in the report
accompanying the House version of the fiscal year 2008
Department of Defense Appropriations bill (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds will remain at $20,000,000 for procurement and
$10,000,000 for research, development, test and evaluation.
Also, the conferees direct the Under Secretary of Defense
(Comptroller) to continue to provide the congressional
defense committees quarterly, spreadsheet-based DD Form 1416
reports for service and defense-wide accounts in titles III
and IV of this Act. Reports for titles III and IV shall
comply with guidance specified in the explanatory statement
accompanying the Department of Defense Appropriations Act,
2006. The Department shall continue to follow the limitation
that prior approval reprogrammings are set at either the
specified dollar threshold or 20 percent of the procurement
or research, development, test and evaluation line, whichever
is less. These thresholds are cumulative from the base for
reprogramming value as modified by any adjustments.
Therefore, if the combined value of transfers into or out of
a procurement (P-1) or research, development, test and
evaluation (R-1) line exceeds the identified threshold, the
Department of Defense must submit a prior approval
reprogramming to the congressional defense committees. In
addition, guidelines on the application of prior approval
reprogramming procedures for congressional special interest
items are established elsewhere in this statement.
department of defense and service cyber activities
The conferees understand that the Department is revising
the budget justification materials to be provided with the
fiscal year 2014 budget submission that are in support of
cyber activities. The conferees support the Department's
efforts to provide increased detail on this important
national security issue and will continue to work with the
Department to ensure there is adequate oversight on cyber
activities.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
The conference agreement on items addressed by either the
House or the Senate is as follows:
[[Page H1172]]
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[[Page H1173]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.133
[[Page H1174]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.134
[[Page H1175]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.135
[[Page H1176]]
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[[Page H1177]]
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[[Page H1178]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.138
[[Page H1179]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.139
[[Page H1180]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.140
[[Page H1181]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.141
[[Page H1182]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.142
[[Page H1183]]
ACTIVE DENIAL TECHNOLOGY
The fiscal year 2013 budget request included $35,218,000 in
Research, Development, Test and Evaluation, Army, program
element 0602624A, ``Weapons and Munitions Technology''. The
conferees are aware that multiple programs and projects are
funded in this program element, including non-lethal
technologies. The conferees recognize the benefits to units
in the field of developing non-lethal technologies, including
counter-personnel and directed energy technologies. The
conference agreement provides an additional $15,000,000, as
proposed by the House, to support Army research and
development efforts in both lethal and non-lethal
technologies.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
The conference agreement on items addressed by either the
House or the Senate is as follows:
[[Page H1184]]
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[[Page H1185]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.144
[[Page H1186]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.145
[[Page H1187]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.146
[[Page H1188]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.147
[[Page H1189]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.148
[[Page H1190]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.149
[[Page H1191]]
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[[Page H1192]]
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[[Page H1193]]
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[[Page H1194]]
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[[Page H1195]]
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[[Page H1196]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.155
[[Page H1197]]
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
The conference agreement on items addressed by either the
House or the Senate is as follows:
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[GRAPHIC] [TIFF OMITTED] TH06MR13.157
[[Page H1199]]
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[[Page H1200]]
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[[Page H1201]]
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[[Page H1202]]
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[[Page H1203]]
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[[Page H1205]]
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[[Page H1206]]
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[[Page H1207]]
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[[Page H1208]]
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[[Page H1209]]
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[[Page H1210]]
SPACE MODERNIZATION INITIATIVES
The conference agreement provides an additional $18,000,000
for the Space Based Infra-Red System (SBIRS) and $25,000,000
for the Advanced Extremely High Frequency (AEHF) Satellite
Modernization Initiative (SMI) efforts and reiterates the
direction as detailed in Senate Report 112-196 for the
Secretary of the Air Force to provide the congressional
defense committees a report detailing how the additional SMI
funds will be used not less than 30 days prior to the
obligation of such funds.
The conferees support the evolution of current space
systems but are concerned that the Department of Defense and
the Air Force have yet to define the architectural and system
specific goals being pursued with these funds. The conferees
direct the Secretary of the Air Force, in coordination with
the Under Secretary of Defense (Acquisition, Technology, and
Logistics), to provide to the congressional defense
committees, not later than 90 days after the enactment of
this Act, a report describing the overall SMI strategy and
goals, a specific accounting of the studies and technologies
to be pursued, the current and follow-on costs for those
efforts, schedules for delivery of such efforts, and a
roadmap of how these efforts correlate or support the future
acquisition plans for SBIRS, AEHF, and Global Positioning
System satellite and ground segments.
PROMOTING ENERGY SECURITY
The conferees do not include a provision as proposed by the
House regarding the Energy Independence and Security Act.
However, the conferees provide $20,000,000 in Research,
Development, Test and Evaluation, Air Force only for research
that will improve emissions of coal to liquid fuel to enable
this technology to be a competitive alternative energy
resource to meet the goals established in the Department of
Defense's Operational Energy Strategy and its Implementation
Plan. The conferees direct the Secretary of the Air Force, in
consultation with the Assistant Secretary of Defense for
Operational Energy Plans and Programs, to inform the
congressional defense committees 30 days prior to any
obligation or expenditure of these funds.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
The conference agreement on items addressed by either the
House or the Senate is as follows:
[[Page H1211]]
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[[Page H1212]]
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[[Page H1223]]
OPERATIONAL TEST AND EVALUATION, DEFENSE
The conference agreement on items addressed by either the
House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
R-1 Budget Request Conference
------------------------------------------------------------------------
RDT&E MANAGEMENT SUPPORT
1 OPERATIONAL TEST AND EVALUATION. 72,501 91,501
National cyber range shortfall ................. 4,000
Cyber testing shortfall....... ................. 15,000
2 LIVE FIRE TESTING............... 49,201 49,201
3 OPERATIONAL TEST ACTIVITIES AND 63,566 83,066
ANALYSIS.........................
Restore unjustified reductions ................. 19,500
TOTAL, OPERATIONAL TEST & 185,268 223,768
EVALUATION, DEFENSE......
------------------------------------------------------------------------
[[Page H1224]]
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The conference agreement provides $2,214,024,000 in Title
V, Revolving and Management Funds as proposed by the Senate,
instead of $2,080,820,000 as proposed by the House. The
conference agreement on items addressed by either the House
or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH06MR13.181
[[Page H1225]]
DEFENSE WORKING CAPITAL FUNDS
The conference agreement provides $1,516,184,000 for the
Defense Working Capital Funds, as proposed by both the House
and the Senate.
NATIONAL DEFENSE SEALIFT FUND
The conference agreement provides $697,840,000 for the
National Defense Sealift Fund as proposed by the Senate,
instead of $564,636,000 as proposed by the House.
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget request Conference
------------------------------------------------------------------------
STRATEGIC SEALIFT ACQUISITION..... 77,386 172,590
Navy requested transfer of -38,000
funds for AFSB 1 only........
Fully fund AFSB 1 modification 140,500
only.........................
MLP #3 outfitting and post -7,296
delivery ahead of need.......
DoD MOBILIZATION ASSETS........... 184,616 184,616
SEALIFT RESEARCH AND DEVELOPMENT.. 42,811 37,311
Transfer of funds for AFSB 1 -5,500
only.........................
READY RESERVE FORCE OPERATIONS AND 303,323 303,323
MAINTENANCE......................
-------------------------------------
TOTAL, NATIONAL DEFENSE 608,136 697,840
SEALIFT FUND.............
------------------------------------------------------------------------
[[Page H1226]]
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The conference agreement provides $35,526,674,000 in Title
VI, Other Department of Defense Programs, instead of
$35,905,118,000 as proposed by the House and $35,013,758,000
as proposed by the Senate. The conference agreement on items
addressed by either the House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH06MR13.182
[[Page H1227]]
DEFENSE HEALTH PROGRAM
The conference agreement provides $32,715,304,000 for the
Defense Health Program, instead of $32,902,234,000 as
proposed by the House and $32,240,788,000 as proposed by the
Senate. The conference agreement on items addressed by either
the House or the Senate is as follows:
[GRAPHIC] [TIFF OMITTED] TH06MR13.183
[[Page H1228]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.184
[[Page H1229]]
REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM
The conferees remain concerned regarding the transfer of
funds from Direct (or In-house) Care to pay for contractor-
provided medical care. To limit such transfers and improve
oversight within the Defense Health Program operation and
maintenance account, the conferees include a provision which
caps the funds available for Private Sector Care under the
TRICARE program subject to prior approval reprogramming
procedures. The provision and accompanying explanatory
statement language included by the conferees should not be
interpreted by the Department as limiting the amount of funds
that may be transferred to the Direct Care System from other
budget activities within the Defense Health Program. In
addition, the conferees continue to designate the funding for
the Direct Care System as a special interest item. Any
transfer of funds from the Direct (or In-house) Care budget
activity into the Private Sector Care budget activity or any
other budget activity will require the Department of Defense
to follow prior approval reprogramming procedures.
The Department shall also provide written notification to
the congressional defense committees of cumulative transfers
in excess of $15,000,000 out of the Private Sector Care
budget activity. The conferees further direct the Assistant
Secretary of Defense (Health Affairs) to provide quarterly
reports to the congressional defense committees on budget
execution data for all of the Defense Health Program accounts
and to adequately reflect changes to the budget activities
requested by the Services in future budget submissions.
CARRYOVER
For fiscal year 2013, the conferees recommend one percent
carryover authority for the operation and maintenance account
of the Defense Health Program. The conferees direct the
Assistant Secretary of Defense (Health Affairs) to submit a
detailed spending plan for any fiscal year 2012 designated
carryover funds to the congressional defense committees not
less than 30 days prior to executing the carryover funds.
PEER-REVIEWED CANCER RESEARCH PROGRAM
The conference agreement provides $15,000,000 for a Peer-
Reviewed Cancer Research Program that would research cancers
not addressed in the breast, prostate, ovarian, and lung
cancer research programs currently executed by the Department
of Defense, and specifically by the U.S. Army Medical
Research and Materiel Command.
The funds provided are directed to be used to conduct
research in the following areas: melanoma and other skin
cancers, pediatric brain tumors, genetic cancer research,
pancreatic cancer, kidney cancer, blood cancer, colorectal
cancer, mesothelioma, neuroblastoma, and listeria vaccine for
cancer.
The funds provided under the Peer-Reviewed Cancer Research
Program shall only be used for the purposes listed above. The
conferees direct the Assistant Secretary of Defense (Health
Affairs) to provide a report not later than 60 days after the
enactment of this Act to the congressional defense committees
on the status of the Peer-Reviewed Cancer Research Program.
For each research area, the report should include the funding
amount awarded, the progress of the research, and the
relevance of the research to servicemembers and their
families.
PEER-REVIEWED MEDICAL RESEARCH PROGRAM
The conference agreement provides $50,000,000 for a Peer-
Reviewed Medical Research Program. The conferees direct the
Secretary of Defense, in conjunction with the Service
Surgeons General, to select medical research projects of
clear scientific merit and direct relevance to military
health. Research areas considered under this funding are
restricted to the following areas: chronic kidney disease,
chronic migraine and post-traumatic headaches, composite
tissue transplantation, dengue, DNA vaccine technology for
postexposure prophylaxis, dystonia, epilepsy, food allergies,
Fragile X syndrome, hantavirus, hereditary angioedema,
inflammatory bowel disease, interstitial cystitis,
leishmaniasis, lupus, malaria, nanomedicine for drug delivery
science, pancreatitis, polycystic kidney disease, post-
traumatic osteoarthritis, pulmonary hypertension, rheumatoid
arthritis, scleroderma, and tinnitus. The conferees emphasize
that the additional funding provided under the Peer-Reviewed
Medical Research Program shall be devoted only to the
purposes listed above.
INTEGRATED ELECTRONIC HEALTH RECORD
The conference agreement includes a provision restricting
the amount of funding that may be obligated to develop the
integrated Department of Defense-Department of Veterans
Affairs (DoD-VA) integrated Electronic Health Record (iEHR)
to 25 percent of the funding provided until the DoD-VA
Interagency Program Office (IPO) provides the House and
Senate Appropriations Committees an expenditure plan which
includes elements such as a budget and cost baseline with
annual and total spending for each Department and quarterly
milestones. The expenditure plan should also be submitted to
the Government Accountability Office for review.
The conferees are concerned that after four years of
working to establish a joint framework to collaborate and
develop an integrated Electronic Health Record, the two
Departments still seem to be operating as single entities.
The conferees support the creation of the IPO and recognize
this office as the single point of accountability for the
development and implementation of the integrated Electronic
Health Record for both Departments. Unfortunately, since the
creation of the IPO and the naming of a director, the
conferees have seen little benefit from establishing this
office since both Departments appear to operate as separate
entities. Despite repeated inquiries, neither the Departments
nor the IPO has been able to provide Congress with a firm
total cost of the integrated system. The conferees are
concerned that the IPO is unable to maintain focus on its
defined goals, provide effective governance, manage and
maintain accountability on behalf of both Departments, and
provide Congress with detailed expenditure plans as well as
information regarding the progress and future plans for this
project.
As a result, the conferees direct the IPO to deliver to the
congressional defense committees, the Senate and House
Subcommittees on Appropriations for Military Construction,
Veterans Affairs, and Related Agencies, and the Government
Accountability Office (GAO) a quarterly report that includes
a detailed explanation of the cost and schedule of the iEHR
development, to include milestones, knowledge points, and
acquisition timelines as they impact both Departments, as
well as quarterly obligation reports. The conferees also
direct the IPO to continue briefing the House and Senate
Appropriations Committees on a quarterly basis, coinciding
with the report submission. The conferees further direct the
GAO to review these quarterly reports and provide an annual
report to the congressional defense committees and the Senate
and House Subcommittees on Appropriations for Military
Construction, Veterans Affairs, and Related Agencies on the
cost and schedule of the iEHR.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
The conference agreement provides $1,301,786,000 for
Chemical Agents and Munitions Destruction, Defense, as
proposed by both the House and the Senate. The conference
agreement on items addressed by either the House or the
Senate is as follows:
[[Page H1230]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.185
[[Page H1231]]
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The conference agreement provides $1,159,263,000 for Drug
Interdiction and Counter-Drug Activities, Defense, instead of
$1,133,363,000 as proposed by the House and $1,138,263,000 as
proposed by the Senate. The conference agreement on items
addressed by either the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Conference
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG 999,363 1,159,263
ACTIVITIES.......................
National Guard counter-drug ................. 130,000
program......................
Young Marines drug demand ................. 4,000
reduction program............
Program increase--drug demand ................. 25,900
reduction program for
expanded drug testing........
------------------------------------------------------------------------
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
The conference agreement on items addressed by either the
House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Conference
------------------------------------------------------------------------
STAFF AND INFRASTRUCTURE...... 227,414 0
JIEDDO Staff and ................. -227,414
Infrastructure--transfer to
title IX.....................
------------------------------------------------------------------------
The conference agreement does not recommend funding for the
Joint Improvised Explosive Device Defeat Fund in the base
budget. The conferees address the funding requirements of the
Joint Improvised Explosive Device Defeat Organization in
title IX, Overseas Contingency Operations.
OFFICE OF THE INSPECTOR GENERAL
The conference agreement provides $350,321,000 for the
Office of the Inspector General as proposed by the House,
instead of $332,921,000 as proposed by the Senate. The
conference agreement on items addressed by either the House
or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget Request Conference
------------------------------------------------------------------------
OPERATION AND MAINTENANCE......... 272,821 347,621
Program increase.............. ................. 74,800
PROCUREMENT....................... 1,000 2,700
Program increase.............. ................. 1,700
-------------------------------------
TOTAL, OFFICE OF THE 273,821 350,321
INSPECTOR GENERAL........
------------------------------------------------------------------------
TITLE VII--RELATED AGENCIES
The conference agreement provides $1,048,421,000 in Title
VII, Related Agencies, instead of $1,025,476,000 as proposed
by the House and $1,056,346,000 as proposed by the Senate.
The conference agreement on items addressed by either the
House or the Senate is as follows:
[[Page H1232]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.186
[[Page H1233]]
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in a
separate detailed and comprehensive classified annex. The
Intelligence Community, Department of Defense, and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying the Department of Defense Appropriations Act,
2013.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND
The conference agreement provides $514,000,000 for the
Central Intelligence Agency Retirement and Disability Fund,
as proposed by both the House and the Senate.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
The conference agreement provides $534,421,000 for the
Intelligence Community Management Account, instead of
$511,476,000 as proposed by the House and $542,346,000 as
proposed by the Senate.
TITLE VIII--GENERAL PROVISIONS
The conference agreement incorporates general provisions
from the House and Senate versions of the bill which were not
amended. Those general provisions that were addressed in
conference are as follows:
The conference agreement modifies a provision proposed by
the House and the Senate which provides general transfer
authority of $4,000,000,000.
The conference agreement retains a provision proposed by
the House which identifies tables as Explanation of Project
Level Adjustments. The Senate bill contained a similar
provision.
The conference agreement modifies a provision proposed by
the House and the Senate regarding limitations and conditions
on the use of funds made available by this Act to initiate
multi-year contracts.
The conference agreement retains a provision proposed by
the Senate which prohibits the use of funds to demilitarize
or dispose of certain small firearms. The House bill
contained a similar provision but made it permanent.
The conference agreement retains a provision proposed by
the Senate which provides funding from various appropriations
for the Civil Air Patrol Corporation. The House bill
contained a similar provision.
The conference agreement retains a provision proposed by
the Senate which prohibits the sale of the F-22 to any
foreign government. The House bill contained no similar
provision.
The conference agreement retains a provision proposed by
the House which provides that the Office of Economic
Adjustment may use funds made available under Operation and
Maintenance, Defense-Wide to make grants and supplement other
federal funds in accordance with guidance provided. The
Senate bill contained no similar provision.
The conference agreement modifies a provision proposed by
the House and the Senate recommending rescissions. The
provision provides for the rescission of $2,142,447,000 from
the following programs:
(RESCISSIONS)
2007 Appropriations:
Shipbuilding and Conversion, Navy:
DDG-51 Destroyer......................................$98,400,000
DDG-51 Destroyer advance procurement....................2,500,000
CVN refueling overhaul.................................14,100,000
2011 Appropriations:
Procurement of Ammunition, Army:
40mm ammunition........................................14,862,000
Other Procurement, Army:
Defense enterprise wideband SATCOM systems.............10,900,000
Tractor Desk............................................6,900,000
Sense through the wall..................................1,845,000
Long range advanced scout surveillance system..........17,200,000
BCT network............................................36,000,000
Handheld standoff mine detection system................11,500,000
Mounted soldier system..................................2,753,000
Training logistics management..........................21,000,000
Aircraft Procurement, Navy:
P-8A...................................................30,100,000
EA-18G advance procurement..............................5,960,000
Special support equipment...............................7,800,000
Shipbuilding and Conversion, Navy:
DDG-51 Destroyer......................................215,300,000
Weapons Procurement, Navy:
Tomahawk contract savings..............................22,000,000
Aircraft Procurement, Air Force:
Light mobility aircraft................................65,300,000
C-130 AMP..............................................28,100,000
Other Procurement, Air Force:
GCSS-AF FOS (ECSS)......................................9,500,000
2012 Appropriations:
Operation and Maintenance, Defense-Wide
Office of Economic Adjustment grant to Guam............21,000,000
Aircraft Procurement, Army:
Utility F/W aircraft......................................800,000
MQ-1 payload--UAS......................................31,600,000
Global air traffic management..........................15,000,000
Other Procurement, Army:
Warfighter information network--tactical...............80,000,000
Tractor Desk............................................2,200,000
Gunshot detection system................................1,000,000
Handheld standoff mine detection system................34,000,000
Mounted soldier system..................................5,000,000
Training logistics management..........................26,008,000
Knight family..........................................31,400,000
Aircraft Procurement, Navy:
F-18 series OSIP 14-03 ILS.............................10,000,000
H-53 series IMDS installation kits......................4,400,000
F-18E/F advance procurement.............................4,640,000
Shipbuilding and Conversion, Navy:
Littoral combat ship over-target contingency...........28,800,000
DDG-51 Destroyer.......................................83,000,000
Weapons Procurement, Navy:
Tomahawk contract savings..............................18,000,000
AMRAAM contract savings.................................6,915,000
ASW targets............................................10,000,000
AIM-9X sidewinder.......................................1,552,000
Procurement of Ammunition, Navy and Marine Corps:
Demolition munitions, all types........................16,300,000
Procurement, Marine Corps:
LAV PIP................................................86,555,000
Follow on to SMAW......................................37,300,000
Air operations C2 systems...............................8,700,000
Aircraft Procurement, Air Force:
Common vertical lift support platform..................52,800,000
Light attack armed reconnaissance.....................115,049,000
RQ-4 advance procurement...............................71,500,000
C-17 modifications.....................................37,750,000
C-130 AMP.............................................117,200,000
Missile Procurement, Air Force:
AMRAAM contract savings................................42,624,000
AIM-9X sidewinder.......................................3,274,000
Classified programs.....................................7,000,000
Other Procurement, Air Force:
GCSS-AF FOS (ECSS).....................................55,800,000
Procurement, Defense-Wide:
MDA-AN/TPY-2...........................................16,000,000
Research, Development, Test and Evaluation, Army:
Joint air-to-ground missile............................33,000,000
Enhanced medium altitude reconnaissance surveillance sys8,000,000
Research, Development, Test and Evaluation, Navy:
Medium range maritime UAS..............................12,000,000
Joint air-to-ground missile...........................105,000,000
Littoral combat ship...................................15,800,000
Unmanned carrier launched airborne surveillance and strike
system................................................9,000,000
Joint strike fighter--EMD Navy........................100,000,000
Depot maintenance (non-IF)..............................5,000,000
Research, Development, Test and Evaluation, Air Force:
JSpoC modernization system.............................10,000,000
Classified programs....................................80,000,000
EW development (MALD-J II)..............................7,630,000
Common vertical lift support platform...................5,365,000
Light attack armed reconnaissance......................11,021,000
AWACS..................................................10,000,000
B-2 squadrons..........................................10,526,000
Specialized undergraduate pilot training...............12,000,000
Minimum essential emergency communications network......2,918,000
The conference agreement retains a provision proposed by
the Senate regarding the Global Security Contingency Fund.
The House bill contained no similar provision.
The conference agreement retains a provision proposed by
the House which provides a
[[Page H1234]]
grant to the Fisher House Foundation, Inc. The Senate bill
contained no similar provision.
The conference agreement retains a provision proposed by
the Senate related to funding for the Israeli Cooperative
Defense programs. The House bill contained a similar
provision.
The conference agreement retains a provision proposed by
the Senate regarding combatant commander operational and
administrative control of various forces. The House bill
contained a similar provision.
The conference agreement retains a provision proposed by
the Senate regarding the use of funds to initiate new start
programs without prior written notification. The House bill
contained a similar provision.
The conference agreement retains a provision proposed by
the House which provides funding to the United Service
Organizations and the Red Cross. The Senate bill contained a
similar provision but did not provide funding to the Red
Cross.
The conference agreement retains a provision proposed by
the Senate which prohibits funding from being used to
transfer program authority relating to current tactical
unmanned aerial vehicles from the Army. The House bill
contained a similar provision.
The conference agreement retains a provision proposed by
the House which establishes a baseline for application of
reprogramming and transfer authorities for the Office of the
Director of National Intelligence. The Senate bill contained
a similar provision.
The conference agreement retains a provision proposed by
the Senate which allows for the transfer of funding for
government-wide information sharing activities. The House
bill contained no similar provision.
The conference agreement retains a provision proposed by
the House establishing prior approval reprogramming and
transfer procedures for National Intelligence Programs. The
Senate bill contained no similar provision.
The conference agreement retains a provision proposed by
the House which directs the Department of Defense to continue
to report contingency operations costs for Operation New
Dawn, Operation Enduring Freedom, or any other named
operation in the U.S. Central Command area of responsibility.
The Senate bill contained a similar provision but did not
include a reference to any other named operation.
The conference agreement retains a provision proposed by
the House which prohibits the Office of the Director of
National Intelligence from employing more Senior Executive
Service employees than are specified in the classified annex.
The Senate bill contained no similar provision.
The conference agreement modifies a provision proposed by
the House to provide grants through the Office of Economic
Adjustment to assist the civilian population of Guam. The
Senate bill contained a similar provision.
The conference agreement retains a provision proposed by
the Senate to create the Ship Modernization, Operations and
Sustainment Fund. The House bill contained no similar
provision.
The conference agreement modifies a provision proposed by
the House regarding parking spaces provided by the BRAC 133
project. The Senate bill contained no similar provision.
The conference agreement modifies a provision proposed by
the House regarding reporting requirements for civilian
personnel end strength by appropriation account. The Senate
bill contained no similar provision.
The conference agreement retains a provision proposed by
the House which prohibits funds from being used to separate
the National Intelligence Program from the Department of
Defense budget. The Senate bill contained no similar
provision.
The conference agreement retains a provision proposed by
the House which provides general transfer authority of
$2,000,000,000 for funds made available for the intelligence
community. The Senate bill contained no similar provision.
The conference agreement retains a provision proposed by
the House which provides funds to construct, renovate,
repair, or expand elementary and secondary public schools on
military installations. The Senate bill contained a similar
provision.
The conference agreement retains a provision proposed by
the Senate which requires certain certifications to be met
prior to the transfer of detainees from Naval Station
Guantanamo Bay, Cuba to foreign countries. The House bill
contained a similar provision.
The conference agreement retains a provision proposed by
the House which prohibits funds from being used to violate
the Trafficking Victims Protection Act of 2000. The Senate
bill contained no similar provision.
The conference agreement retains a provision proposed by
the House which prohibits funds from being used to violate
the Child Soldier Prevention Act of 2008. The Senate bill
contained no similar provision.
The conference agreement retains a provision proposed by
the House which prohibits funds from being used to violate
the War Powers Resolution. The Senate bill contained no
similar provision.
The conference agreement modifies a provision proposed by
the House which prohibits funds from being used to retire,
divest, realign, or transfer Air Force aircraft, with certain
exceptions. The Senate bill contained no similar language.
The conference agreement retains a provision proposed by
the Senate expressing the sense of the Senate that the next
available capital warship of the U.S. Navy be named the USS
Ted Stevens. The House bill contained no similar provision.
The conference agreement retains a provision proposed by
the House which prohibits the retirement of the C-23 Sherpa
aircraft. The Senate bill contained no similar provision.
The conference agreement modifies a provision proposed by
the House regarding civilian pay. The Senate bill contained
no similar provision.
The conference agreement retains a provision proposed by
the House which prohibits funds from being used to enter into
a non-competitive contract for UH-60 Leak Proof Drip Pans.
The Senate bill contained no similar provision.
The conference agreement modifies a provision proposed by
the House regarding the sharing of classified information
related to missile defense systems with Russia. The Senate
bill contained no similar provision.
The conference agreement retains a provision proposed by
the House which prohibits funding from being used in
contravention of section 41106 of title 49, U.S.C., regarding
the Civil Reserve Air Fleet. The Senate bill contained no
similar provision.
The conference agreement retains a provision proposed by
the House which prohibits funding from being used in
violation of Presidential Memorandum-Federal Fleet
Performance, dated May 24, 2011. The Senate bill contained no
similar provision.
The conference agreement modifies a provision proposed by
the House which prohibits funding from being used to enter
into contracts with entities that have been convicted of
fraud. The Senate bill contained no similar provision.
The conference agreement modifies a provision proposed by
the House related to funding for Rosoboronexport. The Senate
bill contained no similar provision.
The conference agreement retains a provision proposed by
the House which prohibits funding from being used to
implement enrollment fees for the TRICARE for Life program.
The Senate bill contained no similar provision.
TITLE IX--OVERSEAS CONTINGENCY OPERATIONS
The conference agreement provides $86,954,838,000 in Title
IX, Overseas Contingency Operations, instead of
$87,105,081,000 as proposed by the House and $93,026,000,000
as proposed by the Senate.
REPORTING REQUIREMENTS
The conferees direct the Secretary of Defense to continue
to report incremental contingency operations costs for
Operation New Dawn and Operation Enduring Freedom on a
monthly basis in the Cost of War Execution report as required
by the Department of Defense Financial Management Regulation,
Chapter 23, Volume 12. The conferees further direct the
Department to continue providing Cost of War reports to the
congressional defense committees that include the following
information by appropriation account: funding appropriated,
funding allocated, monthly obligations, monthly
disbursements, cumulative fiscal year obligations, and
cumulative fiscal year disbursements.
The conferees expect that in order to meet unanticipated
requirements, the Department of Defense may need to transfer
funds within these appropriations accounts for purposes other
than those specified in this report. The conferees direct the
Department of Defense to follow normal prior approval
reprogramming procedures should it be necessary to transfer
funding between different appropriations accounts in this
title.
EXTREMIST ORGANIZATIONS
The conferees are aware that certain governments and
organizations have policies and practices counter to the best
interests of the United States. The conferees reiterate that
extremist governments and organizations should not be funded
by this Act and that the conferees will closely monitor the
expenditure of funds by the Department of Defense regarding
such matters.
MILITARY PERSONNEL
The conference agreement provides $14,116,821,000 for
Military Personnel, instead of $13,934,683,000 as proposed by
the House and $14,410,421,000 as proposed by the Senate. The
conference agreement on items addressed by either the House
or the Senate is as follows:
[[Page H1235]]
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[[Page H1236]]
[GRAPHIC] [TIFF OMITTED] TH06MR13.188
[[Page H1237]]
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OPERATION AND MAINTENANCE
The conference agreement provides $62,131,012,000 for
Operation and Maintenance, instead of $62,866,554,000 as
proposed by the House and $65,479,099,000 as proposed by the
Senate. The conference agreement on items addressed by either
the House or the Senate is as follows:
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PROCUREMENT
The conference agreement provides $8,979,438,000 for
Procurement, instead of $7,906,039,000 as proposed by the
House and $10,126,300,000 as proposed by the Senate. The
conference agreement on items addressed by either the House
or the Senate is as follows:
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NATIONAL GUARD AND RESERVE EQUIPMENT
The conference agreement provides $1,500,000,000 for
National Guard and Reserve Equipment. Of that amount,
$460,000,000 is for the Army National Guard, $460,000,000 for
the Air National Guard, $240,000,000 for the Army Reserve,
$90,000,000 for the Navy Reserve, $120,000,000 for the Marine
Corps Reserve, and $130,000,000 for the Air Force Reserve to
meet urgent equipment needs that may arise this fiscal year.
This funding will allow the Guard and reserve components to
procure high priority equipment that may be used by these
components for both their combat missions and their missions
in support of state governors. The conferees direct that the
National Guard and Reserve Equipment account shall be
executed by the Chiefs of the National Guard and reserve
components with priority consideration given to the following
items: A-10 Situation Awareness Upgrade; ARC 210 Radios for
ANG F-16s; Arctic Search and Rescue Packages; Armory-Based
Individual and Unstabilized Gunnery Trainers; Batteries and
Battery Support Equipment; Bradley Modifications; C-130
Crash-Resistant Loadmaster Seats; C-130 Secure Line-of-Sight
[SLOS] Beyond Line-of-Sight [BLOS] Capability; C-130/KC-135
Real Time Information in Cockpit [RTIC] Data Link; CH-47 Door
Gun Mounts; Combat Mobility Equipment; Combined Arms Virtual
Trainers; F-15 AESA Radars; Field Engineering, Logistics,
Maintenance, and Security Equipment; Force Protection
Equipment; Generation 4 Advanced Targeting Pods; Green Laser
Interdiction Systems; handheld laser trackers; HC-130 Forward
Area Refueling Point; Helicopter Firefighting Equipment;
Helmet-Mounted Cueing System; HMMWV Recapitalization; In-
Flight Propeller Balancing System; Internal and External
Auxiliary Fuel Tanks for Apaches and Chinooks; Joint Threat
Emitters; Large Aircraft Infrared Countermeasures [LAIRCM];
Light Utility Helicopters; Modular Airborne Firefighting
System II; Modular Small Arms Training Systems; MRAP Vehicle
Virtual Trainers; Naval Construction Force Tactical Vehicles
and Support Equipment; Reactive Skin Decontamination Lotion;
SATCOM Ground Stations; Support Wide Area Network [SWAN] D
V3/MRT Packages; Targeting Pod Upgrades; Thermal Imaging
Systems; Ultra-Light Tactical Vehicles; Unit Maintenance
Aerial Recovery Kits; Virtual Convoy Operations Trainers; and
Virtual Door Gunner Trainers.
RESERVE COMPONENT SIMULATION TRAINING SYSTEMS
The use of simulation training systems has yielded a
military that is better trained, more capable, and more
confident as compared to units that do not have access to
modern simulation training devices. Simulation training is a
cost-effective means by which reserve units can improve
tactical decision-making skills and ultimately save lives. It
is anticipated that a portion of the funding in the National
Guard and Reserve Equipment account will be used to procure a
variety of simulation training systems. To ensure the most
efficient and effective training programs, these systems
should be a combination of both government owned and operated
simulators, as well as simulation support from a dedicated
commercial activity capable of providing frequent hardware
and software updates.
NATIONAL GUARD AND RESERVE EQUIPMENT RESEARCH AND DEVELOPMENT
The conferees are concerned that the active Services are
not providing the necessary research, development, test and
evaluation funding for federal and domestic operations
requirements as they relate to equipping the reserve
components, especially equipment unique to the reserve
component or legacy systems with limited active component
investment. The conferees understand that the funding
required is minimal, and therefore direct the Services,
particularly the Air Force, to provide the necessary
research, development, test and evaluation funds to ensure
that modernizing equipment or legacy systems unique to the
reserve component be given the required design, integration,
test, and software efforts needed prior to procurement.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The conference agreement provides $247,716,000 for
Research, Development, Test and Evaluation, instead of
$235,516,000 as proposed by the House and $260,413,000 as
proposed by the Senate. The conference agreement on items
addressed by either the House or the Senate is as follows:
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REVOLVING AND MANAGEMENT FUNDS
The conference agreement provides $243,600,000 for the
Defense Working Capital Funds, instead of $293,600,000 as
proposed by the House and $1,467,864,000 as proposed by the
Senate. The conference agreement on items addressed by either
the House or the Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget request Conference
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
Army......... PREPOSITIONED WAR 42,600 42,600
RESERVE STOCKS.
-------------------------------------
TOTAL, WORKING 42,600 42,600
CAPITAL FUND, ARMY.
WORKING CAPITAL FUND, AIR FORCE
AF........... C-17 CLS ENGINE 230,400 0
REPAIR.
Transfer to OM,AF ................. -230,400
line 021M.
TRANSPORTATION OF 10,000 10,000
FALLEN HEROES.
-------------------------------------
TOTAL, WORKING 240,400 10,000
CAPITAL FUND, AIR
FORCE.
WORKING CAPITAL FUND, DEFENSE-WIDE
DLA.......... DEFENSE LOGISTICS 220,364 191,000
AGENCY.
Excess growth in ................. -18,364
OEF disposition
operations.
Excess growth in ................. -2,000
OEF consolidated
shipping costs.
Excess growth in ................. -9,000
DLA distributions
in Kuwait for OEF.
-------------------------------------
TOTAL, WORKING 220,364 191,000
CAPITAL FUND,
DEFENSE-WIDE.
-------------------------------------
TOTAL, DEFENSE 503,364 243,600
WORKING CAPITAL
FUND.
------------------------------------------------------------------------
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
The conference agreement provides $993,898,000 for the
Defense Health Program as proposed by the Senate, instead of
$1,003,898,000 as proposed by the House. The conference
agreement on items addressed by either the House or the
Senate is as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget request Conference
------------------------------------------------------------------------
OPERATION AND MAINTENANCE......... 993,898 993,898
IN-HOUSE CARE................. 483,326 483,326
PRIVATE SECTOR CARE........... 376,982 376,982
CONSOLIDATED HEALTH SUPPORT... 111,675 111,675
INFORMATION MANAGEMENT........ 4,773 4,773
MANAGEMENT ACTIVITIES......... 660 660
EDUCATION AND TRAINING........ 15,370 15,370
BASE OPERATIONS AND 1,112 1,112
COMMUNICATIONS...............
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The conference agreement provides $469,025,000 for Drug
Interdiction and Counter-Drug Activities, Defense, as
proposed by both the House and the Senate.
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
The conference agreement provides $1,622,614,000 for the
Joint Improvised Explosive Device Defeat Fund, all in title
IX, instead of $217,414,000 in title VI and $1,614,900,000 in
title IX as proposed by the House, and $1,514,114,000, all in
title IX, as proposed by the Senate. The conference agreement
on items addressed by either the House or the Senate is as
follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget request Conference
------------------------------------------------------------------------
1............ ATTACK THE NETWORK. 950,500 807,500
Biometric ID-- ................. -22,000
transfer to OM,A
line 432.
Falcon--transfer to ................. -48,000
OM,A line 135.
Sand Dragon--excess ................. -40,000
prior year
carryover funding.
TEDAC--excess prior ................. -33,000
year carryover
funding.
2............ DEFEAT THE DEVICE.. 400,000 393,300
ALARM excess to ................. -4,700
need.
3-Band Long Wave ................. -2,000
infrared camera
ahead of need.
3............ TRAIN THE FORCE.... 149,500 119,000
ISR emulation and ................. -28,500
trainer ahead of
need.
Dismounted virtual ................. -2,000
simulators--undefi
ned unit cost
increase.
4............ STAFF AND 175,400 302,814
INFRASTRUCTURE.
Staff and ................. 227,414
infrastructure--tr
ansfer from title
VI.
Forward financed ................. -100,000
from prior years.
-------------------------------------
TOTAL, JOINT IED 1,675,400 1,622,614
DEFEAT FUND.
------------------------------------------------------------------------
The conference agreement provides funding for the Joint
Improvised Explosive Device Defeat Fund in title IX as such
requirements are considered to be war related.
OFFICE OF THE INSPECTOR GENERAL
The conference agreement provides $10,766,000 for the
Office of the Inspector General, as proposed by both the
House and the Senate.
GENERAL PROVISIONS--THIS TITLE
The conference agreement for title IX incorporates general
provisions from the House and Senate versions of the bill
which were not amended. Those general provisions that were
addressed in conference are as follows:
The conference agreement modifies a provision proposed by
the House and the Senate which provides general transfer
authority not to exceed $3,500,000,000.
The conference agreement retains a provision proposed by
the Senate regarding funding and guidelines for the
Commander's Emergency Response Program. The House bill
contained a similar provision.
The conference agreement retains a provision proposed by
the Senate concerning funding and guidelines for the Task
Force for Business and Stability Operations in Afghanistan.
The House bill contained a similar provision.
The conference agreement modifies a provision proposed by
the House concerning transition activities of the Office of
Security Cooperation in Iraq and security assistance teams.
The Senate bill contained a similar provision.
(rescissions)
The conference agreement modifies a provision proposed by
the House and the Senate recommending rescissions. The
provision provides for the rescission of $1,860,052,000 from
the following programs:
2009 Appropriations:
General Provisions:
Retroactive stop loss special pay program............$127,200,000
2012 Appropriations:
Afghanistan Security Forces Fund:
Afghanistan Security Forces Fund....................1,000,000,000
Other Procurement, Army:
Gunshot detection system...............................10,100,000
Base support communications.............................5,000,000
Sense through the wall.................................10,000,000
Installation info infrastructure mod program..........125,500,000
Knight family..........................................42,000,000
Tactical bridging......................................15,000,000
Procurement of Ammunition, Navy and Marine Corps:
60mm, all types.........................................6,900,000
81mm, all types........................................22,276,000
Demolition munitions....................................3,000,000
Procurement, Marine Corps:
Weapons under $5 million................................2,776,000
Mine Resistant Ambush Protection Vehicle Fund:
MRAP carryover........................................400,000,000
Research, Development, Test and Evaluation, Air Force:
Endurance unmanned aerial vehicles--Blue Devil.........50,000,000
Joint Improvised Explosive Device Defeat Fund:
ALARM..................................................19,300,000
Integrated supply chain................................21,000,000
The conference agreement modifies a provision proposed by
the House which makes Coalition Support Funds for Pakistan
contingent on a certification by the Secretary of Defense,
with concurrence from the Secretary of State, that certain
conditions are met. The Senate bill contained no similar
provision.
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DIVISION B--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2013
Matters Addressed by Only One Committee.--The language and
allocations set forth in House Report 112-491 and Senate
Report 112-168 should be complied with unless specifically
addressed to the contrary in the conference agreement and
this explanatory statement. Report language included by the
House, which is not changed by the report of the Senate or
this explanatory statement, and Senate report language, which
is not changed by this explanatory statement, is approved by
the Committees on Appropriations of both Houses of Congress.
This explanatory statement, while repeating some report
language for emphasis, does not intend to negate the language
referred to above unless expressly provided herein. In cases
where the House or the Senate has directed the submission of
a report, such report is to be submitted to both Houses of
Congress. House or Senate reporting requirements with
deadlines prior to, or within 15 days after, enactment of the
conference agreement shall be submitted no later than 60 days
after enactment of this Act. All other reporting deadlines
not changed by this explanatory statement are to be met.
Department of Defense and Veterans Affairs Joint
Collaboration on Medical Facility Construction.--Having the
Department of Defense (DOD) and Department of Veterans
Affairs (VA) medical facility construction accounts in the
same bill allows the Committees to review coordinated efforts
and efficiencies within the two systems. An overarching
concern of the conferees has been to facilitate the seamless
transition from active duty service member to veteran,
including the transition from DOD to VA medical facilities.
The conferees are aware of multiple instances in which DOD
and the VA have failed to coordinate medical facility
construction efforts, in particular, where the VA is
currently collocated with an existing DOD medical facility,
but hospital replacement facilities are planned and budgeted
in the military construction budget without coordination or
consultation with the VA. Better coordination between the two
Departments on construction activities, where appropriate,
has the potential to save money by reducing duplicative
construction costs, and provides a unique opportunity for
creating more efficient use of medical equipment once the
hospitals or outpatient clinics become operational. The
conferees therefore direct the TRICARE Management Activity
and the Veterans Health Administration to report to the
congressional defense committees no later than 180 days after
enactment of this Act on the current construction
coordination between the two agencies. The report should
include a comparison by fiscal year of the TRICARE Management
Activity and the Veterans Health Administration's future year
construction plans for new facilities that currently are
collocated as well as any potential new collocation sites.
Hiring of veterans.--The conferees continue to be concerned
about unemployment rates among the Nation's veterans,
particularly for those who have recently left active duty.
With impending force reductions, this problem is likely to
worsen. The conferees urge the Department of Veterans Affairs
(VA), as well as the Department of Defense and the domestic
agencies funded in title III of this division, to redouble
their efforts to hire returning veterans and to exceed where
possible statutory requirements for veterans hiring
preferences. In recognizing the skills and specialty
certifications veterans have received through their military
training, these agencies will gain a superior workforce and
at the same time demonstrate the Government's appreciation
for our veterans' service.
TITLE I
DEPARTMENT OF DEFENSE
ITEMS OF GENERAL INTEREST
Incrementally Funded Projects.--The conferees note that the
Administration requested several large military construction
projects that can be incrementally funded, but were instead
submitted as large single-year requests, in accordance with a
directive from the Office of Management and Budget to the
Department of Defense to severely restrict the use of
incremental funding for military construction. The Committees
on Appropriations of both Houses of Congress have previously
notified the Administration that they reserve the prerogative
to provide incremental funding where appropriate, in
accordance with authorizing legislation. In general, the
conferees support full funding for military construction
projects. In some cases, however, incremental funding makes
fiscal and programmatic sense. The conference agreement
therefore incrementally funds the following projects:
Ambulatory Care Center Phase 3, Joint Base San Antonio,
Texas; STRATCOM Replacement Facility, Increment 2, Offutt
AFB, Nebraska; U.S. Military Academy Cadet Barracks, West
Point, New York; and Aegis Ashore Missile Defense Complex,
Deveselu, Romania.
MILITARY CONSTRUCTION, ARMY
The conference agreement appropriates $1,684,323,000 for
Military Construction, Army. Within this amount, the
agreement provides $80,173,000 for study, planning, design,
architect and engineer services, and host nation support.
Arlington Cemetery.--The budget request proposed to fund
Arlington National Cemetery through three accounts:
$25,000,000 to be provided through Operation and Maintenance,
Army, $103,000,000 to be provided through Military
Construction, Army, and $45,800,000 to be provided through
Cemeterial Expenses, Army for a total of $173,800,000. The
conferees do not include the $103,000,000 requested in title
I. The funds are instead provided in title III of Division J
under Cemeterial Expenses, Army.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement appropriates $1,549,164,000 for
Military Construction, Navy and Marine Corps. Within this
amount, the agreement provides $102,619,000 for study,
planning, design, architect and engineer services.
MILITARY CONSTRUCTION, AIR FORCE
The conference agreement appropriates $322,543,000 for
Military Construction, Air Force. Within this amount, the
agreement provides $18,635,000 for study, planning, design,
architect and engineer services.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
The conference agreement appropriates $3,582,423,000 for
Military Construction, Defense-Wide. Within this amount, the
agreement provides $315,562,000 for study, planning, design,
architect and engineer services.
Energy Conservation Investment Program (ECIP).--The
conference agreement provides $150,000,000 for ECIP.
Additionally, the conference agreement provides $10,000,000
in dedicated funding for ECIP planning and design. The
conferees strongly support the efforts of the Department of
Defense to promote energy conservation, green building
initiatives, energy security, and investment in renewable
energy resources, and commend the leadership of the
Department and the services for making energy efficiency a
key component of construction on military installations. The
conferees urge the Department to use the dedicated planning
and design funds to invest in innovative renewable energy
projects as well as projects that enhance energy security at
military installations. The conferees also encourage the
Department to request dedicated planning and design funding
for ECIP in future budget submissions.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
The conference agreement appropriates $613,799,000 for
Military Construction, Army National Guard. Within this
amount, the agreement provides $26,622,000 for study,
planning, design, architect and engineer services.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
The conference agreement appropriates $42,386,000 for
Military Construction, Air National Guard. Within this
amount, the agreement provides $4,000,000 for study,
planning, design, architect and engineer services.
MILITARY CONSTRUCTION, ARMY RESERVE
The conference agreement appropriates $305,846,000 for
Military Construction, Army Reserve. Within this amount, the
agreement provides $15,951,000 for study, planning, design,
architect and engineer services.
MILITARY CONSTRUCTION, NAVY RESERVE
The conference agreement appropriates $49,532,000 for
Military Construction, Navy Reserve. Within this amount, the
agreement provides $2,118,000 for study, planning, design,
architect and engineer services.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
The conference agreement appropriates $10,979,000 for
Military Construction, Air Force Reserve. Within this amount,
the agreement provides $2,879,000 for study, planning,
design, architect and engineer services.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
The conference agreement appropriates $254,163,000 for the
North Atlantic Treaty Organization Security Investment
Program.
FAMILY HOUSING CONSTRUCTION, ARMY
The conference agreement appropriates $4,641,000 for Family
Housing Construction, Army.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
The conference agreement appropriates $530,051,000 for
Family Housing Operation and Maintenance, Army.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement appropriates $102,182,000 for
Family Housing Construction, Navy and Marine Corps.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS
The conference agreement appropriates $378,230,000 for
Family Housing Operation and Maintenance, Navy and Marine
Corps.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
The conference agreement appropriates $83,824,000 for
Family Housing Construction, Air Force.
[[Page H1272]]
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
The conference agreement appropriates $497,829,000 for
Family Housing Operation and Maintenance, Air Force.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
The conference agreement appropriates $52,238,000 for
Family Housing Operation and Maintenance, Defense-Wide.
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND
The conference agreement appropriates $1,786,000 for the
Department of Defense Family Housing Improvement Fund.
DEPARTMENT OF DEFENSE HOMEOWNERS ASSISTANCE FUND
The conference agreement provides no appropriation for the
Department of Defense Homeowners Assistance Fund in fiscal
year 2013, the same as the budget request.
CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE
The conference agreement appropriates $151,000,000 for
Chemical Demilitarization Construction, Defense-Wide.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990
The conference agreement appropriates $409,396,000 for the
Department of Defense Base Closure Account 1990. This amount
is $60,000,000 above the budget request to accelerate the
pace of environmental cleanup at closed or realigned military
installations. Based on requirements identified by the
services, the conferees direct that, of the additional
funding provided, $30,000,000 be made available for the Army,
and $30,000,000 for the Navy. These funds are to be allocated
at the discretion of the services to meet the most pressing
unfunded environmental cleanup requirements at closed or
realigned bases.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005
The conference agreement appropriates $126,697,000 for the
Department of Defense Base Closure Account 2005, The
conferees note that significant bid savings have been
realized in the BRAC 2005 military construction program,
primarily as a result of the favorable bid climate over the
past several years, and believe that these savings should be
used to offset current BRAC 2005 requirements. The conferees
therefore are rescinding $132,513,000 from previous BRAC 2005
appropriations (Sec. 131 of Administrative Provisions) to
offset the fiscal 2013 request.
BRAC 133.--In an effort to mitigate traffic congestion
surrounding the Mark Center site, the conference agreement
includes a limitation on the number of parking spaces the
Department may utilize at the Mark Center to no more than
2,500, with the exception of disabled parking spaces. The
limitation may be waived in part, but not in whole, if the
Secretary of Defense certifies that none of the intersections
surrounding the Mark Center reach failing levels of service
``e'' or ``f,'' as defined by the Transportation Research
Board Highway Capacity Manual, during a consecutive 90 day
period.
ADMINISTRATIVE PROVISIONS
(Including Transfers and Rescissions of Funds)
The conference agreement includes section 101 limiting the
use of funds under a cost-plus-a-fixed-fee contract.
The conference agreement includes section 102 allowing the
use of construction funds in this title for hire of passenger
motor vehicles.
The conference agreement includes section 103 allowing the
use of construction funds in this title for advances to the
Federal Highway Administration for the construction of access
roads.
The conference agreement includes section 104 prohibiting
construction of new bases in the United States without a
specific appropriation.
The conference agreement includes section 105 limiting the
use of funds for the purchase of land or land easements that
exceed 100 percent of the value.
The conference agreement includes section 106 prohibiting
the use of funds, except funds appropriated in this title for
that purpose, for family housing.
The conference agreement includes section 107 limiting the
use of minor construction funds to transfer or relocate
activities.
The conference agreement includes section 108 prohibiting
the procurement of steel unless American producers,
fabricators, and manufacturers have been allowed to compete.
The conference agreement includes section 109 prohibiting
the use of construction or family housing funds to pay real
property taxes in any foreign nation.
The conference agreement includes section 110 prohibiting
the use of funds to initiate a new installation overseas
without prior notification.
The conference agreement includes section 111 establishing
a preference for American architectural and engineering
services for overseas projects.
The conference agreement includes section 112 establishing
a preference for American contractors in certain locations.
The conference agreement includes section 113 requiring
congressional notification of military exercises when
construction costs exceed $100,000.
The conference agreement includes section 114 allowing
funds appropriated in prior years for new projects authorized
during the current session of Congress.
The conference agreement includes section 115 limiting
obligations in the last two months of the fiscal year.
The conference agreement includes section 116 allowing the
use of expired or lapsed funds to pay the cost of supervision
for any project being completed with lapsed funds.
The conference agreement includes section 117 allowing
military construction funds to be available for five years.
The conference agreement includes section 118 allowing the
transfer of proceeds between BRAC accounts.
The conference agreement includes section 119 allowing the
transfer of funds from Family Housing Construction accounts
to the Family Housing Improvement Fund.
The conference agreement includes section 120 allowing
transfers to the Homeowners Assistance Fund.
The conference agreement includes section 121 limiting the
source of operation and maintenance funds for flag and
general officer quarters and allowing for notification by
electronic medium.
The conference agreement includes section 122 extending the
availability of funds in the Ford Island Improvement Account.
The conference agreement includes section 123 placing
limitations on the expenditure of funds for projects impacted
by BRAC 2005.
The conference agreement includes section 124 allowing the
transfer of expired funds to the Foreign Currency
Fluctuations, Construction, Defense account.
The conferences agreement includes section 125 which limits
parking at BRAC 133 to 2,500 spaces and includes other
requirements and exemptions.
The conference agreement includes section 126 prohibiting
the use of funds for any action related to the expansion of
Pinon Canyon Maneuver Site, Colorado.
The conference agreement includes section 127 allowing for
the reprogramming of construction funds among projects and
activities subject to certain criteria.
The conference agreement includes section 128 restricting
the obligation of funds for relocating an Army unit that
performs a testing mission.
The conference agreement includes section 129 prohibiting
the obligation or expenditure of funds provided to the
Department of Defense for military construction for projects
at Arlington National Cemetery.
The conference agreement includes section 130 rescinding
unobligated balances from the contingency construction
account in Military Construction, Defense-Wide.
The conference agreement includes section 131 rescinding
unobligated balances from the Department of Defense Base
Closure Account 2005.
The conference agreement includes section 132 allowing the
transfer of funds to the Secretary of the Navy from the
Defense Family Housing Improvement Fund.
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TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Budget justification requirements.--The conferees believe
that the Department of Veterans Affairs (VA) must strengthen
its presentation of budget justification materials in several
areas. The conferees concur in the direction of the Senate
regarding the budget detail for components of the Veterans
Health Administration (VHA) such as the VHA central office,
Veterans Integrated Service Network (VISN) staff offices and
centralized field support offices. The conferees request VA
to provide more detailed information about the Board of
Veterans Appeals staffing and claims workloads, and require
the data requested in the House report pertaining to full-
time equivalents and funding within administrative line
items. The conferees also require a breakout of all
reimbursable or cost sharing arrangements exceeding
$5,000,000 in value that are in place for crosscutting
efforts across the Department.
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(Including Transfer of Funds)
The conference agreement appropriates $60,599,855,000 for
Compensation and Pensions. The agreement reflects new
estimates provided in the Administration's mid-session
review. Of the amount provided, not more than $9,204,000 is
to be transferred to General Operating Expenses, Veterans
Benefits Administration and Information Technology Systems,
for reimbursement of necessary expenses in implementing
provisions of title 38.
READJUSTMENT BENEFITS
The conference agreement appropriates $12,023,458,000 for
Readjustment Benefits. The agreement reflects new estimates
provided in the Administration's mid-session review. The
agreement provides full funding for the Veterans Retraining
Assistance Program (VRAP), for which the Department of
Veterans Affairs (VA) estimates it will obligate more than
$1,100,000,000 in fiscal year 2013.
VETERANS INSURANCE AND INDEMNITIES
The conference agreement appropriates $104,600,000 for
Veterans Insurance and Indemnities.
VETERANS HOUSING BENEFIT PROGRAM FUND
The conference agreement appropriates such sums as may be
necessary for costs associated with direct and guaranteed
loans for the Veterans Housing Benefit Program Fund. The
agreement limits obligations for direct loans to not more
than $500,000 and provides that $157,814,000 shall be
available for administrative expenses.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
The conference agreement appropriates $19,000 for the cost
of direct loans from the Vocational Rehabilitation Loans
Program Account, plus $346,000 to be paid to the
appropriation for General Operating Expenses, Veterans
Benefits Administration. The agreement provides for a direct
loan limitation of $2,729,000.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
The conference agreement appropriates $1,089,000 for
administrative expenses of the Native American Veteran
Housing Loan Program Account.
VETERANS HEALTH ADMINISTRATION
AREAS OF INTEREST
Advance appropriation budgeting.--The conferees believe the
Department must provide more detailed explanations within its
budget justification so the Committees on Appropriations of
the House of Representatives and the Senate (``Committees'')
will have an accurate and complete view of how its advance
funding requests were determined. The conferees concur in the
data requirements for advance funding described in the Senate
report.
Reprogramming for medical care initiatives.--The conference
agreement includes an administrative provision requiring the
Department to submit a reprogramming request whenever funding
allocated in the fiscal year 2013 expenditure plan for a
medical care initiative differs by more than $25,000,000 from
the allocation shown in the 2013 congressional budget
justification. Due to the nature of advance appropriations,
the Department submits its budget request almost seven full
fiscal year quarters before the funding becomes available for
obligation. The conferees understand that medical care
funding is dynamic in nature and that this length of time
between budget submission and obligation creates a situation
in which funding priorities and needs may change. However,
the conferees believe this has limited the Committees'
ability to provide proper budget oversight of initiatives
which are budgeted outside of the actuarial model. Therefore,
the conferees expect the submission of reprogramming requests
throughout the year identifying current year estimates
whenever the Department intends to make significant funding
shifts within these initiatives. The term ``medical care
initiative'' in the bill language refers only to the
initiatives, not legislative proposals, in the ``Initiatives/
Legislative Proposals'' section of the VA Medical Care
Obligations by Program display on page 1A -5 of Volume 2 of
the fiscal year 2013 budget justification. The bill language
does not refer to special purpose funds allocated outside the
Veterans Equitable Resource Allocation model. The Committees
request that reprogrammings be identified only in the
aggregate and not by specific project or location.
The conferees concur with the Senate direction regarding
life cycle costs as it relates to the acquisition of
batteries and directs that the reporting requirement
contained in the Senate report be submitted no later than 180
days after enactment of this Act.
MEDICAL SERVICES
The conference agreement appropriates $43,557,000,000 in
advance for fiscal year 2014 for Medical Services. The
agreement also provides $155,000,000 for fiscal year 2013 in
addition to the advance appropriation provided last year. The
conference report includes bill language citing new authority
for services for those affected by drinking water
contamination at Camp Lejeune, NC. Additional fiscal year
2013 funding is provided for hiring mental health providers
and offsetting a projected decline in revenues.
The conference agreement provides $1,351,851,000 in fiscal
year 2014 to fully implement VA homeless assistance programs,
including the providers grant and per diem, domiciliary care
for homeless veterans, and the HUD-VA supported housing
program. In addition, the agreement provides $4,816,132,000
for homeless veteran treatment costs in fiscal year 2014.
The conference agreement provides the full fiscal year 2014
request of $6,453,027,000 for mental health programs,
including $443,332,000 for post-traumatic stress disorder
(PTSD), $246,400,000 for traumatic brain injury, and
$75,605,000 for suicide prevention.
The conferees support the VA effort to hire an additional
1,600 mental health clinicians and 300 support staff as part
of an ongoing review of mental health operations. The
conferees direct the VA to provide the Committees, no later
than 60 days after enactment of this Act, a detailed staffing
plan and timeline to add these additional personnel.
The conference agreement provides $250,000,000 for the
Office of Rural Health. The conferees acknowledge that the VA
is making substantial efforts to improve access and quality
of care for rural areas, but are concerned that significant
gaps remain. To address the ongoing challenges in recruiting
and retaining highly qualified healthcare professionals in
rural areas, the conferees urge the VA to consider innovative
ways to rotate practitioners through rural areas, including
the approaches suggested in the Senate report. Secondly, the
conferees urge the VA to move expeditiously in its
implementation of the grant program that will allow veterans
service organizations to provide better transportation
options for rural veterans seeking care at VA facilities.
Finally, the conferees urge the VA to thoroughly test the
approach for providing non-VA care in rural facilities that
is being demonstrated in the Access Received Closer to Home
program (Project ARCH) and consider expanding Project ARCH's
reach.
The conferees concur with the direction of the House
regarding an annual report detailing the distribution of
medical services funding among the VISNs, central
headquarters, and medical centers.
The conferees understand that the time period for the
Office of Management and Budget's (OMB) review of the
regulation establishing VA participation in State
prescription drug monitoring boards has expired. The
conferees urge OMB to facilitate publication of the
regulation so that the program may be implemented before the
end of the calendar year.
The conferees urge the VA to work in conjunction with the
Department of Justice's veterans treatment courts program to
provide collaborative, rehabilitative approaches for
continuing judicial supervision over offenders who are
veterans.
MEDICAL SUPPORT AND COMPLIANCE
The conference agreement appropriates $6,033,000,000 in
advance for fiscal year 2014 for Medical Support and
Compliance.
MEDICAL FACILITIES
The conference agreement appropriates $4,872,000,000 in
advance for fiscal year 2014 for Medical Facilities.
In March of 2012, the Committees were notified that
contracting errors were made in the Solicitation for Offers
to build the Community Based Outpatient Clinics (CBOCs) in
Southwest Louisiana. These errors have resulted in delays in
the opening of the Lake Charles CBOC and the expansion of the
Lafayette CBOC. The conferees direct the Department to
continue to provide the Committees regular updates on the
progress being made to correct the errors and to complete
these CBOCs in an expeditious manner.
MEDICAL AND PROSTHETIC RESEARCH
The conference agreement appropriates $582,674,000 for
Medical and Prosthetic Research.
NATIONAL CEMETERY ADMINISTRATION
The conference agreement appropriates $258,284,000 for the
National Cemetery Administration (NCA). Of the amount
provided, $25,828,000 is available until September 30, 2014.
The conferees are concerned that the NCA is not adequately
serving the Nation's veterans in rural areas. While the
strategy to serve rural veterans outlined in the fiscal year
2013 budget request is a partial step, it fails to offer a
long-term strategy for addressing this underserved veteran
population. The conferees are concerned that the NCA places
undue emphasis on major urban
[[Page H1288]]
areas whereas the NCA's effort toward rural areas appears to
be a lower priority. As a result, the conference agreement
includes bill language requiring the Secretary to provide a
report to the Committees within 180 days of enactment of this
Act outlining a strategy to address the shortcomings
identified in House Report 112-491, with proposed policies
and an implementation timeframe. In addition, the conference
agreement requires the Government Accountability Office to
conduct a review of this strategy and submit it to the
Committees not later than 180 days after the Committees
receive the strategy.
The conference agreement includes bill language directing
the Secretary to issue guidelines on committal services at VA
national cemeteries to ensure that veterans' families may
hold committal services with any religious or secular content
they desire and invite the participation of an honor guard
and veterans service organizations, subject to VA security,
safety, and law enforcement regulations. The agreement also
restricts VA from editing or controlling the content of
speeches at events at national cemeteries, subject to VA
authorities provided in section 2413 of title 38, United
States Code.
DEPARTMENTAL ADMINISTRATION
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The conference agreement appropriates $424,737,000 for
General Administration. Of the amount provided, $20,837,000
is available for obligation until September 30, 2014. The
conference agreement includes bill language permitting the
transfer of funds from this account to ``General Operating
Expenses, Veterans Benefits Administration.''
The conference agreement includes bill language designating
that not less than $86,006,000 is provided for the Board of
Veterans Appeals. The conferees direct the Department to
provide to the Committees within 30 days of enactment of this
Act a fiscal year 2013 staffing plan and detailed strategic
plan to address wait time and backlogs at the Board of
Veterans Appeals.
The conference agreement includes bill language indicating
that such sums as may be necessary are provided so that the
Department may comply with the energy management requirements
under the National Energy Conservation Policy Act.
The conference agreement includes the following funding
levels:
(In thousands of dollars)
------------------------------------------------------------------------
Conference
------------------------------------------------------------------------
Office of the Secretary.............................. 10,085
Board of Veterans Appeals............................ 86,006
Office of General Counsel............................ 83,099
Office of Management................................. 45,598
Office of Human Resources............................ 70,379
Office of Policy and Planning........................ 26,015
Office of Operations, Security and Preparedness...... 18,510
Office of Public and Intergovernmental Affairs....... 23,037
Office of Congressional Affairs and Legislative 6,302
Affairs.............................................
Office of Acquisition, Logistics and Construction.... 55,706
Total............................................ 424,737
------------------------------------------------------------------------
The conferees concur with the House language for the Major
Construction account regarding a report on the contract audit
program for construction projects and the periodic reporting
done by building contractors and intend that the report be
provided by the VA central office. The conferees also concur
with the Senate language for the General Administration
account requesting a report outlining processes that are in
place to ensure proper oversight of construction, including
which components of central oversight are performed outside
of the various VA administrations and whether spot audits are
performed in the field.
The conferees concur with House language regarding the VA
budget office being the primary communication source within
the VA to the Committees and their Members.
GENERAL OPERATING EXPENSES,
VETERANS BENEFITS ADMINISTRATION
The conference agreement appropriates $2,164,074,000 for
General Operating Expenses, Veterans Benefits Administration.
The agreement makes available not to exceed $113,000,000 of
this funding until the end of fiscal year 2014.
The lengthy wait time and persistent backlog of claims at
the Veterans Benefits Administration (VBA) continue to impose
an unacceptable burden on disabled veterans. The conferees
understand that the Department has set 2015 as the date by
which it plans to achieve a significant reduction in the
backlog of claims and to increase the accuracy rate at all
regional offices to 98 percent. The conferees concur with
direction and reporting requirements in the Senate report and
direct the Department to submit one report 90 days after
enactment of this Act containing: (1) the metrics developed
for evaluating the success in reducing the backlog of claims
and the average adjudication time by utilizing external
vendors in specific areas of collecting claims materials; (2)
the wait times, accuracy rates, and backlog of disability
claims decisions at all 57 regional offices; (3) how the
quality-review teams and the quality initiatives at each
regional office have affected the performance, wait times,
and rates at each location; and (4) the specific metrics the
VBA uses in determining personnel performance.
The conferees direct the Department to provide quarterly
reports on the implementation of the Veterans Benefits
Management System (VBMS) and how the implementation has
increased the efficiency and timeliness of VBA claims
processing, with the quarterly reports including the number
and location of the regional offices that have adopted the
paperless claims processing system and the rollout of the
individual improved business processes.
Recent findings by the Department of Veterans Affairs
Office of Inspector General that the Oakland, Los Angeles and
San Diego, California VA Regional Offices have high error
rates and claims processing times compared to other regional
offices across the Nation is unacceptable. For example, the
Inspector General found that 80 percent of claims reviewed in
the Los Angeles office were unnecessarily delayed and that in
one case a claim in Oakland had been pending for 8 years. The
conferees concur with the direction in the Senate report and
direct the Department to submit a report to the Committees no
later than 90 days after enactment of this Act detailing how
the Inspector General's recommendations are being implemented
at these Regional Offices. The report shall also include an
explanation about why the Los Angeles office is currently
operating in what is referred to as ``safe mode,'' which
means that staff is not held accountable to VA standards.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement appropriates $3,327,444,000 for
Information Technology (IT) Systems. The agreement identifies
separately in bill language the funding available for pay
($1,021,000,000); operations and maintenance
($1,812,045,000); and systems development, modernization, and
enhancement ($494,399,000). The agreement makes $30,630,000
of pay funding available until the end of fiscal year 2014;
$126,000,000 of operations and maintenance funding available
until the end of fiscal year 2014; and all IT systems
development, modernization and enhancement funding available
until the end of fiscal year 2014.
The conference agreement includes bill language prohibiting
the obligation of IT development, modernization, and
enhancement funding until the VA submits a certification of
the amounts to be obligated, in part or in full, for each
development project.
The conference agreement includes bill language permitting
funding made available for the three IT subaccounts to be
transferred among them after the VA requests and receives
approval from the Committees.
The conference agreement includes bill language providing
that funding may be transferred between development projects
or to new projects subject to the Committees' approval.
The conference agreement includes bill language restricting
the amount of funding that may be obligated to develop the
integrated Department of Defense/Department of Veterans
Affairs (DOD-VA) integrated electronic health record (iEHR)
to 25 percent of the funding provided until the DOD-VA
Interagency Program Office (IPO) provides the Committees an
expenditure plan including elements such as a long-term
roadmap for the life of the project, with annual and total
spending for each Department and quarterly milestones. The
expenditure plan should also be submitted to the Government
Accountability Office (GAO) for review. The Department of
Defense Appropriations Act has comparable bill language.
The conferees are concerned that after four years of
working to establish a joint framework to collaborate and
develop an integrated electronic health record, the two
Departments still seem to be operating as separate entities.
The conferees support the creation of the IPO and recognize
this office as the single point of accountability for the
development and implementation of the integrated electronic
health record for both Departments. Unfortunately, since the
creation of the IPO and the naming of a director, the
conferees have seen little benefit from establishing this
office, since both Departments still appear to operate as
separate entities. Despite repeated inquiries, neither of the
Departments nor the IPO has been able to provide Congress
with a firm total cost of the integrated system. The
conferees are concerned that the IPO is unable to maintain
focus on its defined goals, provide effective governance,
manage and maintain accountability on behalf of both
Departments, and provide Congress with detailed expenditure
plans as well as information regarding progress and future
plans for this project.
As a result, the conferees direct the IPO to deliver to the
congressional defense committees, the Senate and House
Subcommittees on Appropriations for Military Construction,
Veterans Affairs, and Related Agencies, and to the GAO a
quarterly report that includes a detailed, plain English
narrative explanation of the cost and schedule of the iEHR
development, to include milestones, knowledge points, and
acquisition timelines as it impacts both Departments, as well
as quarterly obligation reports. The conferees also direct
the IPO to continue briefing the Committees on a quarterly
basis. The conferees further direct the GAO to review these
quarterly reports and provide an annual report to the
congressional defense committees and the Senate and House
Subcommittees on Appropriations for Military Construction,
Veterans Affairs, and Related Agencies on the cost and
schedule of the iEHR.
As part of the VA's modernization effort, the Department
plans to replace its current automated appointment scheduling
system with a modern application. The conferees support this
effort, however, remain concerned that the VA has not
developed a clear
[[Page H1289]]
strategy aimed at replacing this system. Therefore the
conferees direct the Department to submit a report to the
Committees detailing the timeline, cost estimate, and
implementation strategy for replacing the scheduling system.
The conferees include bill language making funds available
for IT development, modernization, and enhancement for the
projects and in the amounts specified in the following table:
[GRAPHIC] [TIFF OMITTED] TH06MR13.235
[[Page H1290]]
The conferees intend this table to serve as the
Department's approved list of development projects; any
requested changes are subject to reprogramming guidelines.
The conference agreement directs the Department to submit
an expenditure plan to the Committees within 30 days of
enactment of this Act. This plan should be in the same format
as the table above.
OFFICE OF INSPECTOR GENERAL
The conference agreement appropriates $115,000,000 for the
Office of Inspector General. Of the amount provided,
$6,000,000 is available for obligation until September 30,
2014. The conferees intend the increase above the budget
request to be used for review of VA spending on conferences,
the NCA rural cemetery strategy, and VHA audit and field
review activities.
CONSTRUCTION, MAJOR PROJECTS
The conference agreement appropriates $532,470,000 for
Construction, Major Projects. The agreement makes this
funding available for five years, except that $30,000,000 is
made available until expended.
The conferees are pleased that the Department has already
begun to transition major construction to a five-year funding
cycle. During this implementation period, the conferees
provide extended availability for a small amount of the
funding while the VA reaches the requirement that project
design be 35 percent complete prior to requesting
construction funding. The extended availability will protect
VA investment if unanticipated circumstances mandate
expenditures beyond the five-year project window.
The conference agreement funds the following items as
requested in the budget submission:
------------------------------------------------------------------------
Conference
Project agreement
------------------------------------------------------------------------
Veterans Health Admin (VHA):
St. Louis, MO medical facility improvements...... $130,300,000
Palo Alto, CA polytrauma/ambulatory care building 177,823,000
Seattle, WA mental health building............... 55,000,000
Dallas, TX spinal cord injury building........... 33,500,000
Advance Planning Fund............................ 70,000,000
Asbestos......................................... 8,000,000
Major Construction Staff......................... 24,000,000
Claims Analysis.................................. 2,000,000
Facility Security................................ 7,200,000
Hazardous Waste.................................. 5,000,000
Judgment Fund.................................... 5,000,000
------------------
Total VHA.................................... 517,823,000
National Cemetery Admin (NCA):
Advance Planning Fund............................ 2,647,000
NCA Land Acquisition Fund........................ 7,000,000
------------------
Total NCA.................................... 9,647,000
General Admin staff offices advance planning fund.... 5,000,000
------------------
Major construction total..................... 532,470,000
------------------------------------------------------------------------
The conferees direct the VA to submit a master plan at the
time of the budget submission describing each major
construction project included in the budget. The plan should
include the projected timeline for completion of each
component of each of the projects and the annual and total
cost of each project. The format of the DOD Form 1391 is a
good model for the VA to use to describe clearly and
completely the expected obligations for each project.
CONSTRUCTION, MINOR PROJECTS
The conference agreement appropriates $607,530,000 for
Construction, Minor Projects. The agreement makes this
funding available for five years. The agreement provides
$506,332,000 for the Veterans Health Administration;
$58,100,000 for the National Cemetery Administration;
$13,405,000 for the General Administration--Staff Offices;
and $29,693,000 for the Veterans Benefits Administration.
The conferees direct the Department to provide to the
Committees an expenditure plan for this account within 30
days of enactment of this Act.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The conference agreement appropriates $85,000,000 for
Grants for Construction of State Extended Care Facilities.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
The conference agreement appropriates $46,000,000 for
Grants for Construction of Veterans Cemeteries.
ADMINISTRATIVE PROVISIONS
(including transfers and rescissions of funds)
The conference agreement includes section 201 allowing for
transfers among the three mandatory accounts.
The conference agreement includes section 202 allowing for
the transfer of funds among the three medical accounts.
The conference agreement includes section 203 allowing
salaries and expenses funds to be used for related authorized
purposes.
The conference agreement includes section 204 restricting
the use of funds for the acquisition of land.
The conference agreement includes section 205 limiting the
use of funds in the Medical Services account only for
entitled beneficiaries unless reimbursement is made to the
Department.
The conference agreement includes section 206 allowing for
the use of certain mandatory appropriations accounts for
payment of prior year accrued obligations for those accounts.
The conference agreement includes section 207 allowing the
use of appropriations available in this title to pay prior
year obligations.
The conference agreement includes section 208 allowing the
Department to use surplus earnings from the National Service
Life Insurance Fund, the Veterans' Special Life Insurance
Fund, and the United States Government Life Insurance Fund to
administer these programs.
The conference agreement includes section 209 allowing the
Department to cover the administrative expenses of enhanced-
use leases and provides authority to obligate these
reimbursements in the year in which the proceeds are
received.
The conference agreement includes section 210 limiting the
amount of reimbursement the Office of Resolution Management
and the Office of Employment Discrimination Complaint
Adjudication can charge other offices of the Department for
services provided.
The conference agreement includes section 211 limiting the
use of funds for any lease with an estimated annual rental
cost of more than $1,000,000 unless approved by the
Committees.
The conference agreement includes section 212 requiring the
Department to collect third-party payer information for
persons treated for a non-service connected disability.
The conference agreement includes section 213 allowing for
the use of enhanced-use leasing revenues for Construction,
Major Projects and Construction, Minor Projects.
The conference agreement includes section 214 outlining
authorized uses for medical services funds.
The conference agreement includes section 215 allowing for
funds deposited into the Medical Care Collections Fund to be
transferred to the Medical Services account.
The conference agreement includes section 216 which allows
Alaskan veterans to use medical facilities of the Indian
Health Service or tribal organizations.
The conference agreement includes section 217 providing for
the transfer of funds from the Department of Veterans Affairs
Capital Asset Fund to the Construction, Major Projects and
Construction, Minor Projects accounts and makes those funds
available until expended.
The conference agreement includes section 218 prohibiting
the use of funds for any policy prohibiting the use of
outreach or marketing to enroll new veterans.
The conference agreement includes section 219 requiring the
Secretary to submit quarterly reports on the financial status
of the Veterans Health Administration.
The conference agreement includes section 220 requiring the
Department to notify and receive approval from the Committees
of any proposed transfer of funding to or from the
Information Technology Systems account.
The conference agreement includes section 221 prohibiting
any funds to be used to contract out any function performed
by more than ten employees without a fair competition
process.
The conference agreement includes section 222 limiting the
obligation of non-recurring maintenance funds during the last
two months of the fiscal year.
The conference agreement includes section 223 providing up
to $247,356,000 for transfer to the joint DOD-VA Medical
Facility Demonstration Fund.
The conference agreement includes section 224 which
authorizes transfers from the Medical Care Collections Fund
to the joint DOD-VA Demonstration Fund.
The conference agreement includes section 225 which
transfers at least $15,000,000 from VA medical accounts to
the DOD-VA health care sharing incentive fund.
The conference agreement includes section 226 which
rescinds fiscal year 2013 medical account funding and re-
appropriates it to be available for two years. The provision
rescinds and re-appropriates $1,500,000,000 for Medical
Services, $200,000,000 for Medical Support and Compliance,
and $250,000,000 for Medical Facilities.
The conference agreement includes section 227 requiring
that the Department notify the Committees of bid savings in
major construction projects of at least $5,000,000 or 5
percent within 14 days of a contract identifying the
programmed amount.
The conference agreement includes section 228 which
prohibits the VA from increasing the scope of work for a
major construction project above the scope specified in the
original budget request.
The conference agreement includes section 229 requiring the
Secretary to report to the Committees each quarter about any
single national outreach and awareness marketing campaign
exceeding $2,000,000.
The conference agreement includes section 230 requiring the
VA to submit a reprogramming request whenever funding
allocated in the expenditure plan for a Medical Care
initiative differs by more than $25,000,000 from the
allocation shown in the 2013 congressional budget
justification.
The conference agreement includes section 231 prohibiting
the use of funds in the Act for any contract using procedures
that do not give to small business concerns owned and
controlled by veterans any preference with respect to such
contract, except for a preference given to small business
concerns owned and controlled by service-disabled veterans.
The conference agreement includes section 232 clarifying
that Medical Services funds appropriated in advance for
fiscal year 2013 may be used for newly authorized services
for those affected by drinking water contamination at Camp
Lejeune, NC.
[[Page H1291]]
TITLE III
RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
The conference agreement includes $62,929,000 for Salaries
and Expenses of the American Battle Monuments Commission. The
conference agreement provides an additional $4,529,000 above
the budget request to be used for additional engineering and
maintenance projects and interpretive activities.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
The conference agreement includes such sums as necessary,
estimated at $15,200,000, for the Foreign Currency
Fluctuations Account.
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
SALARIES AND EXPENSES
The conference agreement includes $32,481,000 for Salaries
and Expenses.
Pro Bono Program.--The conferees direct that the Veterans
Consortium Pro Bono program provide an annual report to the
Committees that includes the expenditure plan for funds
provided by this agreement not later than 60 days after the
enactment of this Act.
DEPARTMENT OF DEFENSE--CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
The budget request proposed to fund Arlington National
Cemetery through three accounts: $25,000,000 to be provided
through Operation and Maintenance, Army, $103,000,000 to be
provided through Military Construction, Army, and $45,800,000
to be provided through Cemeterial Expenses, Army for a total
of $173,800,000. The conferees provide $65,800,000 for
Salaries and Expenses, which includes $20,000,000 to address
the maintenance and infrastructure repairs proposed for
funding through Operation and Maintenance, Army. Language is
included to make $27,000,000 available until September 30,
2015 instead of providing all funds as available until
expended. The conference agreement also establishes a new
construction account.
CONSTRUCTION
The conference agreement provides $103,000,000 for
construction and language has been included to make these
funds available until September 30, 2017. The budget request
proposed to fund these projects through Military
Construction, Army.
ARMED FORCES RETIREMENT HOME
TRUST FUND
The conference agreement includes $67,590,000 for the Armed
Forces Retirement Home, to be derived from the Trust Fund.
ADMINISTRATIVE PROVISION
The conference agreement includes section 301 permitting
funds to be provided to Arlington County, Virginia for the
relocation of a water main located on the Arlington National
Cemetery property.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
The conference agreement includes title IV, Overseas
Contingency Operations. Title IV provides funding for certain
military construction projects in the Central Command and
Africa Command Areas of Responsibility that were requested in
title I, Military Construction, in the budget submission. The
conferees agree that the projects transferred to title IV are
necessary to support the global war on terrorism and should
be designated as overseas contingency operations functions.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement appropriates $150,768,000 for
Military Construction, Navy and Marine Corps.
ADMINISTRATIVE PROVISION
(Including Rescission of Funds)
The conference agreement includes section 401 rescinding
unobligated balances from section 2005 in title X, of Public
Law 112-10 and division H in title IV, of Public Law 112-74
in the specific amount of $150,768,000.
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TITLE V
GENERAL PROVISIONS
The conference agreement includes section 501 prohibiting
the obligation of funds in this Act beyond the current fiscal
year unless expressly so provided.
The conference agreement includes section 502 prohibiting
the use of the funds in this Act for programs, projects or
activities not in compliance with Federal law relating to
risk assessment, the protection of private property rights,
or unfunded mandates.
The conference agreement includes section 503 prohibiting
the use of funds in this Act to support or defeat legislation
pending before Congress.
The conference agreement includes section 504 encouraging
all Departments to expand their use of ``E-Commerce''.
The conference agreement includes section 505 specifying
the Congressional Committees that are to receive all reports
and notifications.
The conference agreement includes section 506 prohibiting
the transfer of funds to any instrumentality of the United
States Government without authority from an appropriations
Act.
The conference agreement includes section 507 prohibiting
the use of funds for a project or program named for a serving
Member, Delegate, or Resident Commissioner of the United
States House of Representatives.
The conference agreement includes section 508 requiring all
reports submitted to the Congress to be posted on official
websites of the submitting agency.
The conference agreement includes section 509 prohibiting
the use of funds to establish or maintain a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography, except for law enforcement
investigation, prosecution, or adjudication activities.
The conference agreement includes section 510 prohibiting
funds in this Act for the Association of Community
Organizations for Reform Now or its subsidiaries or
successors.
The conference agreement includes section 511 prohibiting
the use of funds in this Act for the renovation, expansion,
or construction of any facility in the continental United
States for the purpose of housing any individual who has been
detained at the United States Naval Station, Guantanamo Bay,
Cuba.
The conference agreement includes section 512 prohibiting
the use of funds for the payment of first-class travel by an
employee of the executive branch.
The conference agreement includes section 513 prohibiting
the use of funds in this Act for any contract where the
contractor has not complied with E-Verify requirements.
The conference agreement includes section 514 prohibiting
the use of funds in this Act for any contract, memorandum of
understanding, or cooperative agreement with any corporation
convicted of a felony criminal violation within the preceding
24 months, where the awarding agency is aware of the
conviction.
The conference agreement includes section 515 prohibiting
the use of funds in this Act for any contract, memorandum of
understanding, or cooperative agreement with any corporation
with an unpaid tax liability.
The conference agreement includes section 516 requiring pay
raises to be absorbed within the levels appropriated in the
Act.
The conference agreement includes section 517 prohibiting
the use of funds to pay for attendance of more than 50
employees at any single conference outside the United States.
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DIVISION C--FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2013
This Act provides continuing appropriations for the
remainder of fiscal year 2013 for programs and activities in
the following bills:
Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
Commerce, Justice, Science, and Related Agencies
Appropriations Act,
Energy and Water Development and Related Agencies
Appropriations Act,
Financial Services and General Government Appropriations
Act,
Department of Homeland Security Appropriations Act,
Department of the Interior, Environment, and Related
Agencies Appropriations Act,
Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act,
Legislative Branch Appropriations Act,
Department of State, Foreign Operations, and Related
Programs Appropriations Act, and
Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act.
DIVISION D--ACROSS-THE-BOARD REDUCTIONS
Section 3001 provides across-the-board reductions to ensure
that aggregate spending in the Act complies with the
discretionary spending limits in the Budget Control Act of
2011.
Section 3002 indicates that a sequestration under section
251A(7)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is applied to the amounts provided in the
Act.
The SPEAKER pro tempore. The gentleman from Kentucky (Mr. Rogers) and
the gentlewoman from New York (Mrs. Lowey) each will control 30
minutes.
The Chair recognizes the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield myself such time as I
may consume.
I rise to present H.R. 933, the Department of Defense and Military
Construction and Veterans Affairs Appropriations, and Full-Year
Continuing Resolution for fiscal year 2013.
Our Nation faces a three-pronged threat to its finances as we deal
with sequestration, the debt ceiling, and, most immediately, a looming
government shutdown.
This bill takes the risk of a government shutdown off the table,
funding the government for the remainder of the fiscal year while
helping maintain our national security and providing our troops and
veterans with consistent, adequate funding.
First and foremost, this bill contains fiscal year 2013
appropriations bills for the Departments of Defense and Veterans
Affairs. These bills were crafted by Chairman Bill Young, chairman of
the Defense Appropriations Subcommittee, and very handily done.
These bills passed the House with broad bipartisan support last year.
They have been negotiated on a bipartisan basis by the House and the
Senate, and agreed to by the Senate Committee. They do not add a cent
to the overall top line of the CR.
I want to take a minute here to thank Bill Young and his
subcommittee, who did such a tremendous job of balancing the interests
of the country but with the overriding concern for the security of the
country as they drafted--and passed on a bipartisan basis--the Defense
appropriations bill.
Last week, I had the opportunity to ask the Joint Chiefs of our
military if they supported this CR package, and the answer was an
absolute, wholehearted ``yes.'' In fact, each one of them was asked if
it was critical, and each one of the Joint Chiefs said this was
critical to the defense of the country.
This legislation addresses severe funding constraints that would put
our national security in dire straits. Military hospitals would not be
built, veterans would not be cared for adequately, and our readiness
would be seriously jeopardized. With sequestration now in effect, this
bill allows the Pentagon some leeway to do its best with what it has.
The bill provides $518 billion, the same top line level as last year.
Within this top line, accounts have to be re-prioritized to ensure
adequate investment in critical programs, such as operation and
maintenance, while finding savings in lower priority areas.
The legislation right-sizes spending that would otherwise have been
wasted. For instance, we eliminate funding for unneeded spare parts and
save funding from outdated programs and projects related to operations
in Iraq no longer needed.
In addition, the bill provides $71.9 billion in discretionary funding
for military construction and veterans affairs to ensure that our
veterans get the care they have earned and that the quality of life in
our military is continued. This includes an increase of about $2.5
billion in veterans funding, offset by savings in military
construction.
The remainder of the bill, Mr. Speaker, funds the rest of the Federal
Government until the end of the fiscal year on September 30. Nearly all
funding will remain consistent with current levels, except for the very
few exceptions that are needed to prevent catastrophic changes to
government programs or to ensure good government. These include
provisions allowing critical law enforcement entities to maintain
current staffing levels, additional funding for embassy security and
critical weather satellite launches, and an extension of the current
pay freeze for Federal employees--including Members of Congress.
We've also required every single Federal agency to provide spending
plans to Congress to ensure transparency and strong oversight of
taxpayer dollars.
Nearly all of the funding in this bill is subject to the President's
sequestration, bringing the grand total for discretionary spending to
around $984 billion. The bill is designed to help with the damage
caused by continually putting off the regular annual appropriations
bills, but it does not solve the many serious problems caused by these
automatic spending cuts in sequestration.
A full-year continuing resolution is not the way this Congress should
be appropriating taxpayer dollars. Each year, we should assess the
needs and excesses of our government and make decisions accordingly in
the regular appropriations process. We must return to regular order,
pass individual spending bills on time, and fulfill our constitutional
duty to fund government programs wisely and effectively. To do all of
this, we have to have a partner in the Senate, and we've not had that
now for these several years. Our hope springs eternal that the Senate
will help us get back to regular order.
{time} 1210
In light of the circumstances we face, we must make a good-faith
effort to provide limited but fair and adequate funding for vital
government programs and services through the end of the fiscal year. It
is up to Congress to make these decisions to set the course for our
financial future.
We must act now to make the most of this difficult situation, and
that starts with avoiding a government shutdown on March 27 and
providing for our national defense and veterans.
This CR package is the right thing to do, the right time to do it,
and it is the fair thing.
And so I urge, Mr. Speaker, my colleagues to show our Nation that we
can get our work done by supporting this bill.
I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
Before us is a defense bill and a Military Construction-Veterans
Affairs bill adjusting the FY 2012 funding levels to meet FY 2013
needs.
It is unacceptable that Federal agencies and departments covered by
the 10 remaining bills would be forced to operate under full-year
continuing resolutions based on planned spending levels enacted 15 to
18 months ago. Congress' failure to do our jobs and pass responsible
annual spending bills limits our ability to respond to changing
circumstances, implement other laws enacted by Congress, and eliminate
funding that is no longer necessary.
Specifically, this bill will delay implementation of the Affordable
Care Act scheduled to begin enrolling participants in October. Without
IT infrastructure to process enrollments and payments, verify
eligibility, and establish call centers, health insurance for millions
of Americans would be further delayed. Last year's levels will hamper
enforcement of Dodd-Frank protections against improper practices in the
financial sector.
The bill underfunds Head Start, child care, essential for many
working parents who would otherwise have to quit their jobs.
[[Page H1304]]
The bill fails to strike outdated language allowing HUD to use public
housing agency reserves to fund operations or provide a requested
increase to make up for the shortfall resulting in the lowest per-unit
operating subsidy since 2007, despite rising housing costs.
The bill we consider today even denies increases for health care
fraud and abuse control and Social Security disability reviews and SSI
eligibility determinations, both of which return more money to the
Treasury than they cost.
And the continuing resolution excludes loan guarantees for Jordan,
necessary to help an important ally stabilize its economy.
The effects, my colleagues, of these outdated plans and spending
levels in the continuing resolution are compounded by Congress' failure
to replace sequestration with a balanced, responsible, long-term debt
reduction plan. The Congressional Budget Office estimates that
sequestration would cut economic growth in 2013 by a third. That's
jobs. That's people's lives.
Last year, our fragile economy struggled to create a total of 2.2
million jobs. CBO says sequestration will wipe out, get rid of, 750,000
jobs, more than a third of all the jobs created last year.
Now, I want to make it very clear, my colleagues, this bill reaffirms
sequestration. The terrible impact of those indiscriminate cuts will
begin to take effect. This summer, we can expect significant flight
delays and long lines at airports due to furloughs of air traffic
controllers and a hiring freeze and reduced hours for transportation
security officers.
Yesterday, the Labor-HHS Subcommittee, heard testimony from the
directors of the National Institutes of Health and CDC on the
detrimental effects these irresponsible cuts will have, including
declining medical research, fewer child vaccinations, and reduced
protections against epidemics. Just try and explain that to dear
friends and neighbors who have children with autism, seniors who are
dealing with Alzheimer's, friends who have heart cardiology issues.
Just try and explain what the National Institute cuts in research will
do. In addition to the impact in the research on these illnesses, these
are real people who are going to be laid off and impede our future
research.
All Americans rely on timely and accurate weather warnings and
forecasts from the National Weather Service. Reduced resources will
compromise critical satellites, radar, computer analysis, and modeling.
Now, I am pleased that two bills, the defense bill and the Military
Construction-Veterans Affairs bill, are the FY 2013 bills that were
agreed on by the House and the Senate. But, my colleagues, let's not
forget that sequestration will still strike our national defense.
Even if this bill is enacted, another $46 billion will be subtracted
from defense spending. Most of the civilian workforce will face
significant furloughs, readiness will still face cuts, and defense
health care will need to make some very tough choices with scarce
resources.
Mr. Speaker, I cannot support this bill because it fails to take
responsible steps to support the middle class in really tough economic
times or responsibly address the long-term fiscal health of our Nation.
I reserve the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes to the very
distinguished and hardworking chairman of the House Armed Services
Committee, the gentleman from California (Mr. McKeon).
Mr. McKEON. I thank the chairman of the Appropriations Committee for
yielding, and thank him for the great work that he has done on getting
this bill to the floor; likewise, the chairman of the Defense
Appropriations Subcommittee. They have done yeoman's work to help
provide for our national defense.
Mr. Speaker, I agree with much of what my good friend, the gentlelady
from New York, said: Sequestration is bad. And if we don't pass the CR,
we will feel worse than the effects of the sequestration. We will shut
down the whole government. Nobody wants to see that, and so I commend
her for what she said.
This is not perfect, but it keeps a lot of people working. I think it
is very, very important that we get it done.
As chairman of the House Armed Services Committee, I am happy to see
us voting to include a full-year defense appropriations bill as well as
a full-year Military Construction-Veterans Affairs bill. This is very
important. At least we have one committee that can do regular order
still, and I think that is very important.
Enacting a full-year DOD appropriations bill is the first step toward
restoring funding for our military, which has been whipsawed by the
dual combination of the sequester and the CR that we are operating
under. None of our currently serving service Chiefs--the Chief of the
Army, Navy, Air Force, and Marines, including the Chief of all of the
services--in their time have ever operated under a real budget. Most of
the Members of Congress haven't served under regular order in seeing
how we have really done. So this is a step forward to get us back to
regular order.
{time} 1220
A full year appropriation will allow the service chiefs to cancel
programs that we've already canceled in the Defense Authorization Act.
It allows them to restore critical shortfalls in their operation and
maintenance accounts and add back a certain amount of training and
flying hours.
This legislation does not by any means solve sequestration, but it
gives our commanders some much needed flexibility and gives us time to
work on a House budget that restores funding for our military.
Let me give you just a couple of quick examples of why we need to
pass this package and encourage the other body to return to regular
order: a straight CR stovepipes funding in certain accounts.
General Odierno, Chief of Staff of the Army, is looking at having to
curtail 37,000 hours of flying for helicopter pilots at Fort Rucker in
Alabama, where all of our helicopter pilots go to be trained. That's
about 500 to 750 pilots who will not be trained. Units preparing now to
deploy to Afghanistan are not receiving the same training as those who
are there now fighting. That is shameful. We need to restore those
accounts. This puts those who are preparing to go at greater risk once
they arrive in theater. Under a full year DOD appropriation, which
we'll be voting on today, General Odierno will have the authority to
restore a lot of those flying hours and critical training for those who
are preparing to deploy.
I have just another little example. Admiral Greenert, Chief of Naval
Operations, has said that if he had the funding that would come from
the appropriations bill that we're voting on, he would have the
flexibility to move money between accounts, and the Navy would be able
to keep a carrier strike group and an amphibious ready group in the
Middle East and the Pacific through next year. That is crucial to our
national security.
I would encourage all of our colleagues to support this bill. It's
not perfect, but it takes us a long step toward helping to secure our
national security.
I thank the chairman and the chairman of the subcommittee for their
great work.
Mrs. LOWEY. Mr. McKeon, I just want to emphasize again that General
Odierno in the recent appropriations hearing on the Defense bill
testified that sequester would be a disaster for the military. And it's
unfortunate that we are not ridding ourselves of the prospect of the
disaster that the sequester bill will result in.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. The Chair will remind the Members that
remarks in debate must be addressed to the Chair and not to other
Members in the second person.
Mrs. LOWEY. At this time, I'm delighted to yield 2 minutes to my
distinguished leader from Maryland (Mr. Hoyer).
(Mr. HOYER asked and was given permission to revise and extend his
remarks.)
Mr. HOYER. I agree with the gentlelady who has just spoken, but I
want to say to my friend, Mr. McKeon, this is neither regular order nor
rational policy. It ought to be rejected.
This CR does nothing to address the irrational cuts to defense and
nondefense that the sequester will require.
[[Page H1305]]
It could be very harmful to our economy and to our national security,
and it could place the most vulnerable in America at great risk.
We should not allow, my colleagues, our government to shut down, but
we cannot do business this way, lunching from one manufactured crisis
to the next.
When we make agreements, we ought to stick to them. And the agreement
was, as the chairman has tried to put forward--and I want to
congratulate him for that--that we would spend on the discretionary
side of the budget at about $1.43 billion. That is not what this bill
does. It breaks the deal.
Nobody expected sequester to take place, and we ought to obviate it
because it will hurt defense, our national security and our domestic
security.
Mr. Speaker, we made an agreement. We ought to keep it. That's not
what we have in this CR.
While the Defense funding in this package is something I would like
to vote for and the procedures incorporated in the bill I would like to
vote for--let me say as an aside, that is regular order. When we
usually pass CRs, we do it for House-passed bill levels, Senate-passed
bill levels, conference levels, but not at a level a year ago. The
reason they've amended Defense, Veterans and MILCON is because it is
irrational, and they recognize its irrationality as it relates to
national security. You ought to recognize the irrationality for the
rest of the budget.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mrs. LOWEY. I yield an additional 1 minute to the gentleman.
Mr. HOYER. While the Defense funding in this package is something, as
I said, I would like to vote for--it would continue support for
critical national security programs important in my district, but more
important than that, important in our country--if Congress continues to
face every manner of manufactured crisis every other month, we cannot
govern rationally, and it will hurt our people, our economy, and our
security. When dysfunction rusts the wheels of Congress, it is the
American people who suffer. And our defense community and the
industries that support it will also suffer greatly from the
uncertainty that results.
I want to vote for appropriations bills that keep the promise we made
to each other. I want to vote for appropriations bills that enable us
to limit the negative impact of sequestration on our defense community
and the most vulnerable in our society, but this CR does not do that.
This vote will do nothing to lessen the effects of the sequester, whose
impact is already being felt in my district and throughout the country.
That is what compels me to vote ``no'' on this CR.
I represent 62,000 Federal employees. I do not want this government
to shut down. That is a more irrational policy than even sequester.
The SPEAKER pro tempore. The time of the gentleman has again expired.
Mrs. LOWEY. I yield an additional 30 seconds to the gentleman.
Mr. HOYER. The honoring of our agreement demands that we vote ``no''
on this and pass a CR that obviates the sequester.
I urge my colleagues to defeat this CR so we can send a message to
those who control this Chamber that we have a responsibility to our
country and to our people to adopt a balanced fiscal plan to reduce our
debt and deficit and invest in the growth of the economy.
That is not what this bill does. I urge its defeat.
Mr. ROGERS of Kentucky. Mr. Speaker, I now yield 4 minutes to the
gentleman from Texas (Mr. Culberson), the chairman of the Military
Construction and Veterans Affairs Subcommittee on appropriations.
Mr. CULBERSON. Mr. Speaker, why are House conservatives so determined
to cut the budget and move towards a balanced budget?
Every 5 years, the Joint Chiefs of Staff get together and they do a
strategic review of the threats facing this Nation. In the last review,
they determined that the greatest threat facing our Nation was the
national debt, that it would ultimately consume us and cause its
collapse.
Just a few days ago, we celebrated Texas Independence Day. But for
the debt the Republic of Texas accumulated, we would have continued as
an independent nation. That debt caused a collapse of the Republic of
Texas, and House conservatives are deeply concerned that these debts
and deficits will ultimately crush the United States of America just as
it did the Republic of Texas.
How do we even begin to get our mind around it and understand it?
Think in these terms: in your personal lives, you always pay your
mortgage and taxes first.
I deduct my mortgage and taxes out of my paycheck. We all do. You
have to pay your mortgage and taxes first. America's mortgage and taxes
are Social Security, Medicare, Medicaid, interest on the national debt
and veterans' benefits. Those are things we must pay first. That's our
mortgage and taxes.
When we pay our mortgage and taxes first as a Nation, it consumes all
of our income. All that's left is about $185 billion. When we pay
Social Security, Medicare, Medicaid, interest on the national debt,
veterans' benefits, that's it. All you're left with is $185 billion,
America, to run the government for the entire year. That will only run
the Federal Government for about 10 days.
We, as a Nation, are living on a credit card that will be paid for by
our children and grandchildren, which is a devastating heritage to
leave to our kids. This is why House conservatives are so determined to
balance the budget. But we recognize how essential national security
is. We recognize how vital it is that our men and women in uniform
focus on their mission, focus on defending America around the world. We
don't want them to worry about whether or not they've got enough
equipment, enough gas, enough ammo, that they've got the best
facilities in the world, the best health care in the world.
That's why Chairman Rogers and Chairman Young put together this bill.
I'm proud to be a part of it for my piece, the Military Construction
and Veterans Affairs portion, to make sure our men and women in uniform
can focus on their mission and not look over their shoulder and worry
for one moment that they have the full support of the Congress, the
full support of the American people to do what they have to do to put
their lives on the line to defend this great Nation.
{time} 1230
This bill is essential because it funds the military at a level for
fiscal year '13, which is a sufficient increase that will allow them to
absorb these automatic budget cuts--the sequester. That terminology is
confusing to folks, but it is essentially an automatic spending cut
across the board.
All of us conservatives want to see those cuts go into place, and
we'd like to shift them away from the military and move them into other
areas; but we've got a situation in which conservatives only control,
basically, one half of one-third of the Federal Government. We are
outnumbered. We feel a little bit like the Spartans at Thermopylae.
We're doing our best to get moving towards a balanced budget in a way
that is prudent, that won't raise taxes, that protects our military and
the veterans and the essential needs of this Nation.
Chairman Bill Young has done a superb job in putting together a
Defense bill at this level of funding for the Defense Department. In
fact, we determined yesterday from the Chief of Staff of the Army,
General Odierno, that, by passing this bill today, we will solve at
least a third of the problems that the Army would face as a result of
the automatic spending cuts. By funding at fiscal year '13, when the
cuts kick in, it's a far softer blow to the military than it would be
if we were stuck at '12 levels. As well, the Chief of Naval Operations,
Admiral Greene, said that the difference was night and day. By passing
this bill today, it will cushion the blow on the Navy dramatically.
I look forward to working with my colleagues from all over the
country to continue to work to soften the blow on the military; but
this bill is essential in order to make sure our men and women in
uniform have everything they need to do their jobs to protect this
country.
Mrs. LOWEY. I would just like to quickly remind my colleagues on both
sides of the aisle that the Defense bill will be subject to the $46
billion as a result of sequestration, which General Odierno said will
hollow out the force.
Mr. Speaker, I am very honored to yield 2 minutes to my colleague,
the
[[Page H1306]]
gentleman from North Carolina, Mr. David Price, a distinguished ranking
member of the Appropriations Committee.
Mr. PRICE of North Carolina. Mr. Speaker, there is a blizzard of
evidence against this continuing resolution; yet the Republican
majority keeps skidding ahead like an out-of-control snowplow.
Instead of avoiding sequestration with a balanced deficit reduction
package, this CR will lock in these devastating cuts--impairing vital
government functions, reducing the paychecks of thousands of American
workers, and undermining our economic recovery. The CBO says it will
cost three-quarters of a million jobs.
Earlier this week, Mr. Speaker, I heard a panel of economists
speculate about what future historians some 20 or 30 years from now,
will say about what we're going through. They're likely to be baffled:
How could a great Nation do such damage to itself? How could political
brinksmanship and rigid ideology go so far? In fact, that's exactly
what my constituents are already asking as they begin to pay the price
for this House's failure to do what we were elected to do.
Just yesterday, members of the Military Construction and Veterans'
Affairs Subcommittee heard testimony from senior officers of each
service about the impact of sequestration on their operations. Their
message was: don't be fooled. We may be giving them marginally greater
flexibility by including the full-year 2013 bills for defense and
veterans in this continuing resolution, but we are not sparing them
from the sledgehammer of sequestration.
This approach also begs the question: Why not pass full-year bills
for all departments? The Homeland Security Subcommittee produced a
compromise full-year bill that could easily have been included in this
measure. Stopgap funding measures only perpetuate economic uncertainty
and only prevent us from getting to the heart of our fiscal challenges.
Mr. Speaker, we owe this body a better appropriations process, and we
owe our people a budget that accelerates the recovery and protects our
economic future instead of simply serving a rigid political ideology.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield now 3 minutes to the
vice chairman of the House Armed Services Committee, the gentleman from
Texas (Mr. Thornberry).
Mr. THORNBERRY. I appreciate the chairman for yielding.
Mr. Speaker, I've got to observe that I wish that all of the Members
on both sides of the aisle who decry sequestration today had voted with
those of us who passed bills twice last year to target cuts rather than
having this across-the-board approach. This bill, like sequestration,
is not what any of us would like. If it were up to me, for example, I
would replace the money that it takes out of Defense and probably
rearrange a lot of the domestic spending as well. Imperfect as this
measure is, I believe it is absolutely essential that we pass it today.
I want to focus for just a second on Defense.
Even if you spend the same amount of money on a continuing resolution
or on an appropriation bill, it makes an enormous amount of difference
which of those vehicles one uses because, in a regular appropriation
bill, you can have the flexibility to meet the current needs. With a
CR, you are locked into last year's levels, and that breeds
inefficiencies and waste. So just to get the same amount of equipment,
for example, it takes more money under a CR than it does under a
regular appropriation bill.
You just had the question posed: Why do this just for Defense? Why
treat Defense differently and have a full appropriation bill for
Defense and MILCON and Veterans and not the rest of it? Let me offer
some answers:
Number one is because we can. Both the House and Senate appropriators
have negotiated a Defense appropriation bill. It is there for us to
take and include in this measure, so Chairman Rogers has picked it up
and included it in this CR.
A second reason is that the House and Senate have passed and the
President has signed into law a Defense authorization bill that is
consistent with this appropriation bill. There is no other area of
government that has done that. So if you look at what already is the
law, passing an appropriation bill to implement it makes sense.
A third reason is that Defense took a disproportionate share of the
cuts under sequestration. Defense is 18 percent of the Federal budget.
It had to absorb 50 percent of the cuts. It took a disproportionate
share, and therefore some relief from the constraints will be had by
the continuing resolution and make sense especially for Defense.
I'll tell you a fourth reason to treat Defense differently is that
defense is the first job of the Federal Government. We send our
soldiers and intelligence community personnel to all parts of the world
to risk their lives to defend us, and it seems to me that the least we
could do is give them the flexibility and support they need to do their
jobs.
Therefore, I think it is absolutely essential for the country's
defense that we pass this appropriation bill, and I urge all Members on
both sides of the aisle to support it.
Mrs. LOWEY. Mr. Speaker, may I ask how much time remains.
The SPEAKER pro tempore. The gentlewoman from New York has 17
minutes. The gentleman from Kentucky has 12\1/2\ minutes.
Mrs. LOWEY. Mr. Speaker, I am pleased to yield 2 minutes to the
distinguished ranking member, the gentleman from New York (Mr.
Serrano).
Mr. SERRANO. I thank the ranking member.
As the ranking member of the Financial Services and General
Government Appropriations Subcommittee, I wanted to outline several
areas of concern in this section of the bill. Several agencies under
the jurisdiction of the subcommittee requested vital changes to their
fiscal year 2013 budget to help them address pressing needs and to
blunt the impact of the sequester. Unfortunately, all of these changes
were rejected by the other side.
For instance, no additional money is provided to the Securities and
Exchange Commission to continue the implementation of the Dodd-Frank
legislation. We need a strong cop on the beat to prevent financial
misbehavior, and this bill does not help in this regard.
Under this bill, no additional money is provided to the IRS to help
them catch tax cheats or to help Americans with questions on their tax
forms. Moreover, no additional money is provided to help the IRS
administer new tax credits under the Affordable Care Act, which is
something that will only lead to more confusion; and once again,
Republicans are attempting to extend the Federal employee pay freeze
for the rest of the year.
Had we had a full omnibus bill--and I think, with a little bit of
work, we could have had such a bill--we could have helped address many
of these concerns.
{time} 1240
Unfortunately, this CR is inadequate to the needs of our Federal
Government and to the American people, and does not provide all
agencies with the needed flexibility to best deal with the sequester.
For that and other reasons, I urge opposition to this bill.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 1 minute to the
gentleman from Pennsylvania (Mr. Shuster), who chairs the
Transportation and Infrastructure Committee, for the purpose of a
colloquy.
Mr. SHUSTER. Thank you, Chairman Rogers, and I do want to engage in a
quick colloquy on the Medium Extended Air Defense System, known as
MEADS.
As you are aware, the fiscal year 2013 National Defense Authorization
Act included a provision of law that prohibits funds from being
obligated or expended on the MEADS program. There has been some
confusion over the wording on the program in the Defense appropriations
report before us. I would like to verify that it is your intent that
the prohibition created in the NDAA is law and not changed or
overridden by anything in this bill.
I yield to the chairman.
Mr. ROGERS of Kentucky. I thank the gentleman for yielding and would
confirm that the gentleman is correct. The prohibition in the NDAA is
law, and nothing in this bill or report overrides or changes that fact.
The language in our report was conferenced last year when the outcome
of MEADS
[[Page H1307]]
in the NDAA was not known. Chairman Young works closely with the Armed
Services Committee, and it is not our intention to change or override
any provision of that bill. The prohibition in the bill is the law.
Mr. SHUSTER. I thank the gentleman for making that clear.
Mrs. LOWEY. Mr. Speaker, I'm very pleased to yield 2 minutes to the
gentlewoman from Ohio (Ms. Kaptur), the distinguished ranking member of
the Energy and Water Subcommittee.
Ms. KAPTUR. I thank Ranking Member Lowey.
Mr. Speaker, I rise to express my appreciation that we are
considering this continuing resolution today and not on the precipice
of another government shutdown. Chairman Rogers and Ranking Member
Lowey have been tireless in their efforts to bring a semblance of
regular order to the appropriations process and, in turn, this House.
However, I must express my disappointment that we are not advancing a
government-wide, fully inclusive bill with adjustments that address the
pressing needs of the American people across all Federal departments
and agencies. Despite my appreciation for consideration of this bill,
by being unable and unwilling to pass all our individually negotiated
appropriation bills, the Congress is doing a great disservice to the
American people and not providing the firm guidance necessary for
Federal programs to operate effectively.
As ranking member of the Energy and Water Subcommittee, I would like
to express my disappointment further that necessary adjustments to two-
thirds of our jurisdiction are not included. For example, important
areas of cybersecurity, as well as reducing the local cost share for
the Army Corps projects related to the revitalization after Hurricane
Sandy, are missing.
Further, adjustments to the Weatherization Assistance Program are not
included. This vital program is facing significant funding challenges
given many States are either out of Federal funds entirely or will be
out of all Federal funds. In order for the program to continue to
deliver services as blizzards blanket this country, and for low-income
Americans to continue to receive the energy savings from this program
for their homes, an increase in program support is necessary and would
be a real job creator across this country.
Further, the bill does not include the administration's request to
increase funding for the Advanced Manufacturing program for our Nation
to meet the fierce global competition for manufacturing jobs. The
United States must regain its position in global manufacturing. We
cannot prosper as a Nation of service providers only.
I would like to highlight the National Nuclear Security
Administration as an example of where a CR does not provide the
necessary oversight for good government.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. I yield an additional 15 seconds to the gentlewoman.
Ms. KAPTUR. I thank the gentlelady.
The agency is plagued by dramatic cost increases on nearly every
major task under its jurisdiction. Given the nature of a continuing
resolution, the Congress is unable to meaningfully weigh in on
important issues such as these. I do appreciate inclusion of support
for the United States Enrichment Corporation.
In closing, while I am disappointed in the bill's shortcomings, I am
hopeful that collectively Congress can improve upon this bill as it
moves to the other body.
Again, I commend our chairman, Mr. Rogers, and Ranking Member Nita
Lowey of New York, such a phenomenal leader.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield myself 1 minute, and I
yield to the gentleman from California (Mr. Issa) for the purpose of a
colloquy.
Mr. ISSA. Mr. Chairman, it is my understanding that the Office of
Management and Budget submitted a list of proposed anomalies for the
pending continuing resolution. Is that correct, and can you tell me the
date that the Office of Management and Budget transmitted that list?
Mr. ROGERS of Kentucky. The gentleman is correct. OMB did submit a
list of proposed anomalies on February 18.
Mr. ISSA. Thank you, Mr. Chairman.
Can you also tell me if that proposed list of anomalies included any
changes to the provisions in current law regarding what is commonly
called 6-day delivery and requires a level of service by the Postal
Service at the 1983 level?
Mr. ROGERS of Kentucky. OMB did not propose any change to the
provisions in current law regarding 6-day mail delivery.
Mr. ISSA. I thank the gentleman.
Mrs. LOWEY. Mr. Speaker, I'm delighted to yield 2 minutes to my
friend, the gentlewoman from Connecticut (Ms. DeLauro), the
distinguished ranking member of the Labor, Health, Human Services,
Education Subcommittee.
Ms. DeLAURO. I rise in strong opposition to this continuing
resolution. It makes permanent, deep, indiscriminate, and harmful
across-the-board cuts--cuts that will cost our country hundreds of
thousands of jobs, and will hamstring our economic recovery. It will
cost 750,000 jobs, according to the Congressional Budget Office and
Federal Reserve Chairman Ben Bernanke.
If you vote ``yes'':
You vote for $400 million in cuts to Head Start--70,000 children will
lose access;
You vote to slash $282 million from job training programs;
You vote to cut $731 million from Title I grants--that means 2,500
schools will be forced to stop providing this crucial aid to 1 million
children;
You are voting to cut over $580 million from special education
grants--that shifts the cost of 300,000 students with special needs to
State and local education agencies;
You vote to cut $115 million from child care at a time when only one
in six of the children eligible for child care assistance are receiving
it--30,000 more kids will lose this aid;
You vote to starve implementation of the Affordable Care Act at a
time when the health reforms we passed are being implemented;
You vote to cut funding for vaccinations and cancer screenings.
These cuts only add to the deep cuts that have already been made: $12
billion since 2002 have been made to labor, education, and health
programs, in addition to which the Budget Control Act added another $9
billion, and this resolution will add $7 billion more in cuts to what
are critical priorities for this Nation.
We cannot shortchange all of these fundamental priorities. It is time
for this institution to exercise its moral responsibility. Use our
budget as a vehicle for job creation and economic growth. I urge my
colleagues to oppose this dangerous resolution.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 1 minute to the
gentleman from California (Mr. Issa), the chairman of the House
Oversight and Government Reform Committee.
Mr. ISSA. Mr. Speaker, on February 6, the Postal Service announced a
plan to move to a modified 6-day delivery schedule beginning in August.
Under this plan, the Postal Service will continue high-quality delivery
6 days a week using its express and priority mail system. This will
include packages and mail under that system, and will include vital
medicine for our seniors. This change will enable the Postal Service to
save $2 billion a year or more.
As the chairman of the authorizing committee, I want to clarify that
the authorizing language is consistent with a 6-day delivery provision
in the CR under this system announced by the Postmaster on February 6.
{time} 1250
Specifically, this provision would not prohibit the Postal Service
from implementing this plan of modified 6-day delivery service.
I want to confirm further that the President, himself, had previously
called for 5-day delivery. The Postmaster is maintaining 6-day
delivery, but using priority and express mail to do so. This is
fiscally responsible and consistent with the administration not putting
an anomaly into the CR.
Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 1 minute to the
gentleman from California (Mr. Farr), the distinguished ranking member
of the Agriculture Subcommittee of Appropriations.
[[Page H1308]]
Mr. FARR. I thank the gentlewoman for yielding.
I've been in Congress 20 years, and on the Appropriations Committee
not quite that long. And never in my life have I seen us in such
disarray.
This institution has failed to lead the Nation. It's failed to get
its own act together. We can't do this in a transparent, normal process
by adopting bills. We're operating on these emergency issues like
continuing resolutions, sequestration.
We've got the Nation totally confused, the entire administration of
government in the United States confused as to what tomorrow's going to
bring. We don't know whether we're going to have enough money, or we're
going to give you back some money. Are you going to lay off people? Are
you going to cut their salaries?
We're in mass confusion, and our States and local governments are
dependent on us getting our act together. I'm really surprised that we
are failing to address the needs of this Nation.
Yes, we have a huge debt. Everybody in this Congress has a huge debt
in their own life. It's called a mortgage. And we figure out a 30-year
plan or a 15-year plan to pay it off.
Doing this by CR is totally irresponsible. I ask for a ``no'' vote.
Mr. ROGERS of Kentucky. Mr. Speaker, I reserve the balance of my
time.
Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 2 minutes to the
gentleman from Georgia (Mr. Bishop), the distinguished ranking member
of the MILCON Subcommittee of Appropriations.
Mr. BISHOP of Georgia. I thank the gentlelady for yielding.
Mr. Speaker, today this body is voting on two updated bills that
reflect the needs of FY 2013 and 10 outdated plans with outdated
spending levels that were enacted over a year ago.
Mr. Speaker, we need to complete the process on all the bills, not
just two. Governing by continuing resolution is not governing.
Furthermore, the legislation before us today does nothing to address
sequestration. The failure to address sequestration will be devastating
on military construction. For example, the Army's Barracks
Modernization efforts will be delayed. For the Navy, sequestration will
affect 10,000 Navy-owned and 3,000 leased homes by delaying housing
construction and improvements.
The Air Force has made it a goal to eliminate inadequate housing for
unaccompanied airmen by 2017, and sequestration will delay that goal
and cause airmen to continue to live in substandard housing.
The most troubling aspect of sequestration to me is the impact it
will have on the Department of Defense's school recapitalization
efforts. A comprehensive assessment of DOD dependent schools and
construction requirements indicated that 149 out of 189 schools had an
overall condition rating of poor or failing, and required significant
recapitalization. Sequestration will only exacerbate this problem.
These reductions to military construction will only result in
substandard facilities for our servicemembers and job losses in the
construction industry and slowed economic growth.
I remain hopeful that a balanced solution will win over rigid,
ideological discussions in the coming weeks so that we can restore the
irresponsible cuts.
Sequestration is bad. This CR does not address it, not even to
mention the nondefense related cuts. This is bad for Head Start, job
training, title I, special ed, child care, cancer screening, the loss
of WIC, and I could go on and on.
This CR is not the way to govern. However, we need to come together
across partisan lines, and we need to find middle ground so that we can
do what is needed for the American people.
Mr. ROGERS of Kentucky. Mr. Speaker, may I inquire of the time?
The SPEAKER pro tempore. The gentleman from Kentucky has 9\1/2\
minutes, and the gentlewoman from New York has 8\1/4\ minutes.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 4 minutes to the
gentleman from New Jersey (Mr. Frelinghuysen), the distinguished vice
chairman of the Defense Subcommittee on Appropriations.
Mr. FRELINGHUYSEN. I thank the gentleman for yielding.
I rise in support of the resolution and urge its adoption.
I would like to commend the chairman of the full Appropriations
Committee, Mr. Rogers, and the chairman of the Defense Subcommittee,
Mr. Young, for their determination and perseverance in bringing the
completed Defense and Military Construction/VA bills to the floor for
our consideration this afternoon and this morning.
Since before the end of last fiscal year, they have been committed to
completing the fiscal year 2013 bills in committee and to bringing them
to the floor and on to the President's desk for his signature.
Why?
Because they understand the damage that would be done to our national
security if the Department of Defense was forced to operate under the
funding levels and restrictions placed on them by the fiscal year 2012
bill.
By passing this package today, we'll be giving our military
leadership additional flexibility to protect their mission and
capabilities in this constrained fiscal environment.
I would also add that the passage of these measures today reinforces
Congress' authority to set policy for the Department of Defense in
important areas such as the Air Force realignment, the retirement of
Navy ships, etc. And also it makes sure that we don't cede these sort
of decisions only to the executive branch.
I'm pleased that the package also allows additional funds for nuclear
weapons modernization, to ensure the safety, security, and reliability
of our Nation's nuclear stockpile. This is an important aspect of our
energy and water appropriations bill.
Finally, I'd remind our colleagues that this legislative package does
nothing to alter the sequestration that took effect last Friday. Simply
put, that is a problem, a major problem.
Five members of the Joint Chiefs of Staff presented their chilling
testimony before our subcommittee last week, as the chairman referred
to earlier, describing how national security would be put at risk if
they were forced to make deep reductions in spending for personnel and
equipment modernization programs.
Maintenance will suffer. Training for non-deploying soldiers,
sailors, Marines, airmen, and Guardsmen will virtually stop.
Hardworking civilians will face unnecessary furloughs.
The Army Chief of Staff testified before our full committee. General
Ray Odierno told us of his worry, and I quote:
If we do not have the resources to train and equip the
force, our young men and women will pay the price,
potentially with their lives.
Marine Commandant General Jim Amos reminded us that America's allies
and enemies are watching to determine whether our country remains able
to meet its commitments overseas. He said, and I quote:
Sequestration viewed solely as a budget issue would be a
grave mistake.
So while this measure before us helps our men and women in uniform,
the meat ax of across-the-board sequestration hangs in the air over the
defense and domestic programs alike.
It has now been over 300 days since this House passed its first
sequestration replacement bill, and that was last year. Still, the
President and the Senate Democrats haven't budged. And their only
solution is to raise taxes for the second time in 8 weeks.
It's time for real balance. More tax increases won't help working
families, create jobs and protect our troops.
By allowing sequestration to continue, it will hurt many working
families, terminate hundreds of thousands of jobs, both public and
private, and put our men in uniform at risk.
This resolution takes us forward. I support it. It's important for
national security, and I urge its adoption.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. ROGERS of Kentucky. I yield the gentleman an additional 1 minute.
Mr. FRELINGHUYSEN. I yield to the chairman.
Mr. ROGERS of Kentucky. While we're waiting for the Senate to send us
a bill relieving us of sequestration, while we're waiting for the
President to send us something to relieve us of sequestration, we have
no choice but to pass a continuing resolution to keep the government
operating.
[[Page H1309]]
Sequestration I hope we can deal with in the future, but now we're
dealing with whether or not to shut the government down. Is that not
correct?
{time} 1300
Mr. FRELINGHUYSEN. That is correct, Mr. Chairman. Let's keep the
government open for business.
Mr. ROGERS of Kentucky. I thank the gentleman.
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
Before I yield to my next speaker, I would like to thank Mr.
Frelinghuysen for addressing sequestration and the devastating
testimony of all those representing our distinguished Armed Forces. But
I would also like to clarify again that this continuing resolution
reaffirms sequestration. It does nothing in language or deed to make
any efforts to cancel sequestration. We on this side of the aisle would
be very pleased to continue to work with you in regular order to go
through every bill, casting away waste, fraud and abuse, but to do away
with sequestration. And I know my distinguished chair and I could work
it out so that we could not have sequestration.
This bill, section 3002, reaffirms sequestration.
Mr. ROGERS of Kentucky. Will the gentlelady yield?
Mrs. LOWEY. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Would the gentlelady be so kind as to talk to
the majority leader in the Senate about sending us over a bill to
relieve us of sequestration? And, two, would the gentlelady talk to her
President to see if he would do that? We're ready to act.
Mrs. LOWEY. Mr. Chairman, I would be delighted to work with you, but
I have read this continuing resolution very carefully and section 3002
reaffirms sequestration. Let's work together. We can be the leaders.
Let's send over a bill that does away with sequestration, which my good
friend, Mr. Frelinghuysen, says--and I was at that defense hearing,
too--would hollow out our forces. Let's do that. Let's do that today.
Why don't you submit an amendment? Let's get rid of sequestration.
Mr. ROGERS of Kentucky. If the gentlelady will yield, last year we
voted twice in this body to replace sequestration, and it died because
the Senate wouldn't take it up.
Mrs. LOWEY. I would be delighted, Mr. Speaker, to yield 1 minute to
our distinguished leader, who has provided important leadership on the
issue of cutting out waste, fraud, and abuse in our budget, the
gentlewoman from California (Ms. Pelosi).
Ms. PELOSI. I thank my colleague, Congresswoman Lowey, for her
leadership and for yielding time on this important debate.
I listened, too, attentively to Mr. Frelinghuysen and the
distinguished chairman of the Appropriations Committee, and I heard Mr.
Frelinghuysen say how awful sequestration would be. And I completely
concur with him on that. I also heard him say nothing in this bill does
anything on sequestration. Well, if it does not, why is it in the bill?
Is it to get votes on the Republican side because there's not the
support for the investments that were called for in the Budget Control
Act? If that's the case, let's be clear about it and put it forth. But
if it has nothing to do with sequestration, Mr. Frelinghuysen, why is
it in the bill? Is it a waste of time and space? Is it a topic of
discussion that is fruitless because it has nothing to do with
sequestration but it's in there because it sends a very serious
message?
And why are we in this place? We're in this place, the Chamber of the
House of Representatives, to represent the American people. We
recognize that a thriving middle class is the backbone of our democracy
and that we are here to meet the needs of the American people and
strengthen that democracy. With the legislation that is before us
today, we undermine all of those efforts.
With the sequestration, which is reaffirmed in this legislation, we
go down a path that is harmful to our economy and harmful to our
national security. Don't take it from me. Federal Reserve Chairman Ben
Bernanke told Congress last week on more than one occasion that cuts of
this size made this quickly would hurt hiring and incomes, slow the
recovery, cost the economy 750,000 jobs, and keep deficits larger than
otherwise.
Why are we in this place? We're in this place because the Republicans
have said that they would not close any tax loopholes except to lower
rates--not to lower the deficit, but to lower rates. Because they will
not close any loopholes to reduce the deficit, we have to reduce the
deficit in other ways.
For example, they will not close the loophole for tax breaks for
corporate jets. Instead, they want to cut 4 million Meals on Wheels.
Instead of closing loopholes for Big Oil, they want to cut investments
in little children's education. Instead of closing tax loopholes for
corporations that send jobs overseas--that's my personal favorite, tax
cuts for corporations that send jobs overseas--they want to lose
750,000 jobs here in our country. Instead of ensuring that millionaires
and billionaires pay their fair share, our military readiness will be
impaired and health care for our military families could be cut.
On a personal basis, we have teachers educating children of our
military families who will be harmed by this. We have psychiatric
nurses who meet the needs of our returning vets with PTSD and other
challenges who may be furloughed because of this. What do we say to
them? Oh, it's more important for us to have loopholes for tax breaks
for corporate jets and millionaires and billionaires to send jobs
overseas and the rest of it?
We had an opportunity to today in our previous question to bring to
the floor the proposal advanced by Mr. Chris Van Hollen, our ranking
member on the Budget Committee. Mr. Van Hollen's proposal is
responsible and fair and it is balanced. It cuts spending responsibly.
It ends unnecessary tax breaks for special interests, some of which I
just named, and advances the Buffett rule, ensuring that millionaires
pay their fair share.
I mention it because it's yet, again, another time where the
Republicans on at least four occasions shut down the opportunity to
debate an alternative to what the Republicans are proposing. And this
is on top of all that we've already agreed to.
Many of us in a bipartisan way voted for the Budget Control Act,
which cut $1.2 trillion in spending. That was in addition to over $300
billion already cut last year. That is in addition to the President and
Members of Congress saying we are prepared to make further cuts in
waste, fraud, and abuse. And some things are not wasteful. Maybe
they're just not a priority anymore or we found a better way to do it.
Maybe they're duplicative or obsolete. But, nonetheless, we can't
afford them anymore.
So let's subject every dollar to harsh scrutiny; but we also have to
subject to scrutiny all the spending on these tax breaks, because that
is spending. When you give a subsidy to Big Oil of $38 billion as an
incentive to drill, you are spending the taxpayers' dollars. Let's cut
that spending, too.
Now, what's interesting about this is that, in what the Republicans
are supporting, they are totally out of sync with the American people.
Republicans across our country are opposed to the corporate jet
loophole. They want to close the corporate jet loophole. And
Republicans, by majority, support that. They want to eliminate oil and
gas tax breaks. Republicans, by majority, support eliminating that.
Republicans across the country say we should limit deductions for
millionaires and billionaires. Republicans, of course, say we should
end tax breaks for corporations to send jobs overseas. The list goes
on.
Republicans, by majority, support the Buffett rule. Even some
Republicans in the Senate say we must look at closing some of these
loopholes--not just to lower rates for corporate America, but in order
to lower the deficit--instead of going to our children, our seniors,
our workers and all the rest to make those cuts.
So we are in a situation here today that is created not because the
Republicans passed two bills last year. I know the gentlemen speaking
on the floor know that last year is over. That Congress has ended.
Those bills have no weight. The spending cuts that we agreed to last
year are for over 10 years.
The bills that the Republicans passed last year ended at the end of
the last
[[Page H1310]]
Congress. How to make a law? Just read the book. I realize that you
would hardly recognize that civics lesson if you see what's happening
on the floor here today and over the last period of time.
{time} 1310
But I have enormous, enormous respect for the chairman of the
Appropriations Committee. We sat on that committee together for a
number of years. I appreciate that he wanted to bring a bill to the
floor that honors the Budget Control Act.
I disagree with the tactic of putting a reinforcement of a sequester
into law. It exists. We have to do the sequester unless we can head it
off, unless the safety of our troops and their training, our national
security, the education of our children, the safety of our neighbors,
unless that takes precedence over protecting tax breaks for corporate
jets, businesses that send jobs overseas--the list goes on, and I have
mentioned it now more than one time.
So I urge my colleagues to think carefully about this vote. This
isn't a vote to shut down government or not. That vote will come at
another time.
The Senate isn't going to accept this bill. The Senate is not going
to accept this bill. When they don't, they will send back another bill.
And we'll just see how many votes are on the Republican side to keep
government open, because we have absolutely no intention of having the
government shut down. We will just see how many Republican votes there
are for that, for a bill that will be a better bill than this.
Although, with the threat of sequester and what that will do to our
economy--and our job creation and our reducing of the deficit--that's
one thing; but think of what it does in the lives of those 4 million
meals not delivered to seniors. Think of those seniors who are not
getting those meals, those children who are not getting Head Start--or
even beyond Head Start, the education of our children. Some of them are
being educated by teachers who are teaching children of military
families who will now have to lose their jobs or be furloughed. This
has an impact right to the kitchen table of the American people. So we
have to think very seriously about what we are doing here. But whatever
we do, let's just have it be on the level, Mr. Speaker. Let's have it
be on the level.
This is a bill that reinforces the sequester; if it didn't, it
wouldn't be in the bill. So this bill, I think, has no merit, and it
will not have my support.
Mr. ROGERS of Kentucky. Mr. Speaker, might I inquire how many
speakers remain on the gentlelady's side. I have one remaining speaker.
Mrs. LOWEY. Mr. Speaker, we have three remaining speakers.
Mr. ROGERS of Kentucky. I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I am delighted to yield 2 minutes to the
gentlewoman from Florida (Ms. Wasserman Schultz), the distinguished
ranking member of the Leg Branch Subcommittee of Appropriations.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I rise with grave concerns over
the continuing resolution that we are considering today.
While we all support any effort to prevent a government shutdown, we
await a bill from the Senate that hopefully treats domestic and defense
bills with equal care.
There is no question that our men and women serving in Afghanistan
deserve our support, but so do our children here in America. Yet the CR
underfunds Head Start by $70 million, even though both House and Senate
fiscal year 2013 bills provide significant increases for the program
through our regular budget process.
In addition to underfunding many domestic programs, like the
Affordable Care Act and the Supplemental Nutrition Program for Women,
Infants, and Children, the CR does nothing to stop the across-the-board
budget cuts in the sequester for any agency, including Defense.
I still hope we can work together to replace these indiscriminate,
meat-ax cuts with a balanced approach so we can avoid compromising our
future through lack of investments in education, infrastructure,
defense and public safety. Sequester cuts will be like slowly turning
up the heat to boil a pot of water.
Thankfully, the House is bringing this bill to the floor in time for
the Senate to act and pass a bill for the March 27 deadline for the
continuing resolution that will take a responsible, balanced approach
to deficit reduction with targeted spending cuts and closing tax
loopholes for the wealthy so we can use the revenue and the spending
cuts to pay down our debt.
Mr. Speaker, taking an indiscriminate, meat-ax approach to the
sequester, to reducing our deficit in a balanced way is irresponsible.
We must work together. I implore our friends on the other side of the
aisle to come together and work together with us towards compromise so
that we can avoid gravely harming our domestic priorities, including
women, children, families, and the middle class. It is still possible,
and there is still time.
Mr. ROGERS of Kentucky. I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I am delighted to yield 2 minutes to the
distinguished ranking member of the Defense Appropriations Committee,
the gentleman from Indiana (Mr. Visclosky).
Mr. VISCLOSKY. I appreciate the time and, first of all, want to thank
Chairman Young of the Defense Subcommittee for his very good work. I
want to thank the members of all of the subcommittees for their efforts
throughout the years but, again, particularly those on the Defense
Subcommittee, as well as our staff.
I do intend to support the measure, but do ask a question: Where are
the other 10 bills for the Department of Agriculture, the Department of
Transportation, and others, with less than 6 months left in the fiscal
year?
For some of my colleagues who would vote for no appropriation ever in
their life, I ask: What is there to fight over with the National
Institute of Standards, or the Copyright Royalty Tribunal, or the Mine
Safety and Health Administration?
I am grievously concerned, Mr. Chairman, that we no longer legislate
in this body, but we lurch, we lurch from crisis to crisis. I find it
inexplicable that some of my colleagues would vote in a heartbeat for a
continuing resolution to run the government looking backwards last year
at exactly the same amount of money for a similar appropriation bill
with all 12 bills so that we could make decisions and exercise our
constitutional responsibilities.
Continuing resolutions look back and run the most powerful Nation on
Earth like we did last year. We are absent any legislative decisions,
and it is an abdication of our constitutional responsibility. I would
push it further and say we have a mandate. In article I, section 9,
there is one sentence, it says:
No money shall be drawn from the Treasury but in
consequence of appropriations made by law.
It is time that Congress begins to appropriate measures and runs this
government and country and stops lurching.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield myself 1 minute and
would ask Mr. Visclosky if he might rejoin us at the microphone.
On the point the gentleman just broached and, that is, the passage of
bills, one of the most frustrating things of my life is that we cannot
get the Senate to pass any appropriations bills.
As the gentleman knows--because he helped pass the Defense bill for
this year and all years--we passed, through the House committee, all 12
bills. We sent them to the Senate, and all we got back was a resounding
snore. They didn't do anything. When the Senate doesn't appropriate, in
spite of the fact that we've passed all of our bills over here, we have
to pass a continuing resolution. That is where we are. I lament that,
as does the gentleman. And I know that he joins me in wanting us to
pass, through regular order, each individual bill, bring it to the
floor, let the Members have their say and vote on amendments and the
like.
Mr. VISCLOSKY. Will the gentleman yield?
Mr. ROGERS of Kentucky. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. I would concur with the gentleman's remarks and would
note that in my remarks I mentioned the Congress fails to appropriate,
which includes the United States Senate.
[[Page H1311]]
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes to a
hardworking Member, the gentleman from Iowa (Mr. Latham), who chairs
the Transportation, Housing and Urban Development Subcommittee on
Appropriations.
Mr. LATHAM. I thank the chairman of the full committee for the
opportunity to address this.
I've been sitting here listening and heard the minority leader come
to the floor and talk about children, about old people, about
teachers--all these things--that she voted to cut the spending for to
fund.
{time} 1320
How can you support a bill, support the sequester insisted on by the
President of the United States? It was his idea that he brought forth
to try and resolve the differences at that time and something that he
supports and he insisted on. The minority leader voted for these cuts
that she now bemoans. It's fascinating when you look at the reality of
the situation. There are some of us who actually did not support this
because of the way the sequester would take place.
Now, you can say, well, it was never going to happen and all these
things, but the fact of the matter is it is here today and it is law
because people like the minority leader insisted on it. So to come to
the floor and talk about those cuts today, something that she
supported, is really quite fascinating to anyone listening or watching
this debate today.
Mr. Speaker, I will tell you, it is very frustrating. As someone who
went through the entire process last year with my ranking member, Mr.
Olver from Massachusetts, who is now retired, we went through
subcommittee and full committee. We had 3 days on the floor of the
House, an open rule with amendments. We passed our bill, the
Transportation and HUD appropriation bill, with the largest bipartisan
majority of any bill passed last year, yet the Senate does nothing.
That's why we're here today.
The House of Representatives, under the chairman's leadership, has
moved bills, has done our work. The frustration we have is that we
don't have a counterpart on the other side of this great building to
actually do their job so that we can finally get resolution of these
very difficult spending problems.
Mr. Speaker, it is very important today that we move this bill. This
is the best alternative. It will give us certainty for the rest of the
year so that we can address the big issues that are before us and this
Nation about spending--$16.5 trillion of national debt and about $1
trillion of annual deficit has got to be addressed. By doing this, it
will give us the opportunity to maybe forge a large compromise, to
forge a big deal that will actually set a course for this country.
I think the reason most all of us are here is because we have
children. I have five grandchildren. The reason I do this is because I
believe that we've got to change direction, and this is a necessary
step to do that.
With that, I ask everyone to support this bill.
The SPEAKER pro tempore. The gentleman from Kentucky has 1 minute
remaining. The gentlewoman from New York has 1\1/4\ minutes remaining.
Mrs. LOWEY. I am delighted to yield the balance of my time to a
distinguished Member of the Appropriations Committee, the gentlewoman
from California, Ms. Barbara Lee.
Ms. LEE of California. Let me thank our ranking member for yielding
and for her tremendous leadership.
First of all, let me just make this point. This bill--actually, this
CR--reaffirms sequestration, and it really could have been canceled. I
have to tell you, also, that at a time when the Pentagon has enjoyed a
decade of unchecked defense spending, this bill gives the Pentagon new
flexibility to cushion the effects of sequestration. Again, it
reaffirms sequestration.
At the same time, the bill ignores the impacts of these devastating
cuts on the American public. These sequestration cuts would not only
hurt low-income families first and hurt them the most, but also
communities of color and the millions of Americans who still are
struggling to find a job.
The sequester will impact my congressional district, my home State of
California, and every single household in America. It also underfunds
the vital programs that protect public health and safety, promote and
develop our workforce, and educate the next generation.
While all of us believe that it's important to keep the government
functioning, governing by a continuing resolution is really no way to
run the Federal Government. We need to rein in Federal spending and
spend our security dollars wisely on proven programs that meet today's
national security needs, but we also must begin some nation building
here at home. The American people deserve better than that. Not only is
this resolution a fiscal disaster, it is morally wrong.
[From the New York Times, March 5, 2013]
California, on Brink of Recovery, Braces for Setback on Federal Aid
(By Norimitsu Onishi)
San Francisco.--After years of ballooning budget deficits,
California finally seemed on firmer footing. Unemployment
remained high, but revenues and housing prices were up.
Taxpayers even voted themselves a tax increase to bring
deficits down.
And then came the automatic federal budget cuts known as
sequestration.
As the $85 billion in spending cuts slowly roll out
nationwide, California officials are girding themselves for a
blow not only to the state's large military industry but also
to its nascent economic recovery. Still, experts say, it will
most likely slow down, though not derail, the state's
economic growth.
The cuts, which began to take effect on Friday and will
accelerate as time passes, will amount to a loss of an
estimated $9 billion for California this year. The military
industry will incur the biggest reduction, $3.2 billion, but
education, social programs and other areas that were hit
particularly hard by California's budget turmoil in recent
years will also face cuts.
State officials await word from Washington on exactly how
the cuts will be put in place in the weeks and months ahead,
hoping that the long-term ripple effects on California's
consumers and businesses will become clearer.
``It's very frustrating for a state like California, where
we've had housing-market and job-market gains beginning to
solidify here,'' said Jason Sisney, the director of state
finance at the nonpartisan California Legislative Analyst's
Office. ``And just as that's happening, we have the federal
government taking actions that could impede that recovery.''
Despite the size of military and federal programs in
California, the state's $2 trillion economy is larger and
more diverse than the economies of other states, and less
dependent on federal workers.
``California will be an average state,'' said Stephen Levy,
the director of the Center for Continuing Study of the
California Economy. ``We won't be hit less, and we won't be
hit more.''
Jerry Nickelsburg, an economics professor and expert on the
California economy at the Anderson School of Management at
the University of California, Los Angeles, said: ``But is it
sufficient to choke off the recovery in California? I think
the answer is no. Will it slow the growth of the California
economy? The answer is yes.''
Because the automatic budget cuts had been set up to force
Democrats and Republicans to negotiate over cuts and
spending--and not to be actually put in place--California
officials, like their counterparts in other state capitals,
have received only general guidance so far from the Office of
Management and Budget on how to carry out the cuts. But in
the coming weeks, federal agencies are expected to provide
details on their respective spending cuts.
``As we learn more the specifics on how they're going to do
that, then we will have a better sense of how it will impact
the state,'' said H. D. Palmer, a deputy director at the
California Department of Finance.
State officials could have to adjust for the cuts in the
state budget revision scheduled for May. In January, Gov.
Jerry Brown announced the first balanced budget in years,
thanks largely to a temporary tax surcharge that voters
approved in November.
The budget cuts are expected to be felt strongly in the San
Diego area, where the military industry plays a significant
role in the economy. According to the White House,
California's 64,000 civilian military workers will be
furloughed starting next month, most likely by losing a day
of work a week over several months. The White House estimates
that the furloughs will total a $400 million reduction in
gross pay this year.
Military contractors in the area are also bracing for cuts.
Marion C. Blakey, the president of the Aerospace Industries
Association, a trade group based in Arlington, Va., said
larger contractors could absorb the loss of an anticipated
order. But smaller members, she said, could be forced to lay
off highly paid engineers, and in that way dampen the
regional economy.
``These are companies that often do not have the resilience
and flexibility to take this kind of body blow,'' Ms. Blakey
said, adding that these were typically highly specialized
companies incapable of quickly shifting their businesses.
``As an industry, we are very concerned about the third and
fourth tier in the supply chain, and California has a lot of
those kinds of companies.''
[[Page H1312]]
Gregory Bloom, a member of the trade group's executive
board and the president of Seal Science, a 120-employee
aerospace company in Irvine, Calif., said his business had
already suffered from the cuts. Because of the uncertainty
surrounding federal financing of military-related programs,
his company had lost two top engineers and was unable to fill
four existing engineering positions, he said.
``In my entire career, I've never been in a situation where
I can't at least put some probability on what's going to
happen,'' Mr. Bloom said, adding that he had delayed
expanding capacity at a plant as a result. ``There's
absolutely no way to plan.''
The cuts could hurt California's schools and colleges,
whose budgets have been slashed in recent years. The
University of California system is expected to face at least
a 5 percent cut in the $3.5 billion it receives annually in
federal research money. Cuts in federal student aid programs
will affect the next academic year.
``As a family starts to plan for what's going to happen
next year--how much money do I need to send my son or
daughter to school?--these are unknowns right now until we
get more information from the federal government,'' said Gary
Falle, the University of California's associate vice
president for federal government relations.
According to the White House, California will also lose $88
million in federal money for primary and secondary education
this year. Though Washington accounts for less than 11
percent of the state's budget for schools, that share has
taken on increasing weight in recent years because of state
cuts, said Erika Webb-Hughes, an official at the California
Department of Education's government affairs division.
The cuts are likely to affect disadvantaged students the
most, including those with disabilities, Ms. Webb-Hughes
said. The uncertainty of the magnitude of the cuts will also
make it difficult for school districts to plan for next year
because, by state law, they must notify staff members of
their future employment status by March 15.
``People will be sending out pink slips,'' Ms. Webb-Hughes
said. ``Even if at the end of the year there is a miraculous
agreement in the Congress that averts a majority of this
issue, the damage is already done.''
Mr. ROGERS of Kentucky. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, this is all about whether or not we shut down the
government. This is a bill to keep the government operating while we
debate, then, how we deal with sequestration.
This is not a sequestration bill. This is a bill to continue funding
the government for the balance of the fiscal year and to help the
military cope with the restrictions so that our Nation is adequately
defended by our men and women in uniform.
I urge the adoption of the continuing resolution. Let's keep the
government going.
I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Speaker, I rise today in strong support of
H.R. 933, which includes as Division A the fiscal year 2013 Defense
Appropriations Bill.
The Defense bill is a good bi-partisan bill which was negotiated with
the Senate late last year. It is critical that we pass this bill and
get the Department of Defense out of a year-long continuing resolution,
which would have devastating consequences--consequences that rival
those of sequestration as several of the Service Chiefs have claimed.
The Defense bill provides the Department with funding in the proper
accounts to match how the fiscal year 2013 funds were requested and
will be executed, as opposed to the mismatch created by carrying
forward the fiscal year 2012 enacted levels in a CR. Without correctly
establishing this baseline for execution, the Operation and Maintenance
accounts would have been almost $11 billion short--a shortfall almost
equivalent to the sequestration reductions.
Passing a Defense bill also removes the prohibition on new starts and
rate increases which exists under a continuing resolution. With over
five hundred programs impacted by this prohibition, the Department
would experience hundreds of significant schedule delays and cost
increases. Also, over a billion in savings would be lost because the
Department could not enter into multi-year procurement contracts.
It has now been 5 months since the fiscal year began. But because the
Senate did not pass one appropriations bill last year, we find
ourselves still trying to wrap up fiscal year 2013. I want to thank
Chairman Rogers for including the Defense bill in this package. This
bill is long overdue, and I urge its quick passage.
Chairman Rogers is the initiator of this plan to pass Defense
appropriation and military construction as the major parts of this
legislation and he deserves appreciation for his determination to make
this important plan work.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I oppose H.R. 933,
which appropriates money for the Department of Defense and the
Department of Veterans Affairs, and funds the rest of the government
until the end of the Fiscal Year 2013. This bill maintains the across
the board sequestration cuts that took effect last Friday. Democratic
Members of Congress have repeatedly called for a common sense,
bipartisan solution to avoid the sequester, and have been met by
nothing but inaction by our colleagues in the majority.
These indiscriminate cuts will seriously jeopardize the economic
stability of this country. While our economy is still recovering from
the worst recession since the Great Depression, sequestration will have
the effect of slowing the recovery and costing 750,000 jobs.
While the worst consequences of the sequester have not yet been
realized, the wheels have now been set in motion. We are on a course
that will have real impacts for millions of Americans. Furlough notices
are going out to thousands of federal employees and contractors, and
many services will begin to slow.
Programs and services that millions of Americans rely on like Head
Start, nutrition programs like WIC, and even the Federal Emergency
Management Agency will be crippled by these cuts in funding. The
critical support that our communities depend upon--the law enforcement
officers who protect us, the air traffic controllers who keep our skies
safe, FDA food inspectors, and the CDC's funding for disease
prevention--all of it is being slashed.
Mr. Speaker, in short the Republicans are putting the ability of our
government to function at risk, and they are jeopardizing the safety
and security of millions of families across this country.
Mr. BRALEY of Iowa. Mr. Speaker, I rise today against H.R. 933. This
bill includes reckless, across-the-board spending cuts known as the
sequester, which have a disproportionate impact on critical programs
that serve those in our nation's most vulnerable communities. Because
Congress is unwilling to act responsibly, drastic cuts are set to go
into effect with this bill, and hundreds of Iowa kids will bear the
burden of lawmakers' inaction by no longer having access to Head Start
services. Investments for children's education will be cut.
Additionally, the bill could impact other everyday services such as the
closure of hundreds of air traffic control towers throughout the
country, including three in Iowa. Along with the harmful cuts that the
sequester brings, the Defense Appropriations portion of the bill
continues to fund $87 billion dollars towards the war in Afghanistan.
We need to bring our brave men and women serving in uniform home rather
than continue to fund a war that has lasted longer than a decade.
Although I oppose the bill in its current form, there are many
provisions in the bill that I do support. I applaud the 1.7 percent pay
increase for military personnel. I support the continuation of a pay
freeze for Members of Congress. I also support the increased funding
for embassy security following the needs identified after the Benghazi
attacks. I am also pleased to know that the bill provides for
substantial foreign aid to our ally Israel.
Mr. HIMES. Mr. Speaker, while I supported today's continuing
resolution in an effort to ensure that essential governmental
operations are funded beyond March 27, there remain many questions
about the application of the sequester.
One area that few Members of Congress or the administration are
discussing is whether sequestration should apply to certain entities
that Congress clearly intended to be legally independent of the federal
government. Congress recognized the crucial importance of maintaining
the objectivity of each of these entities and insulated them from the
federal appropriations process in order to maintain their independence.
For example, the Financial Accounting Standards Board (``FASB''), the
entity that establishes generally accepted accounting principles is a
private entity that is explicitly not part of the Congressional
appropriations process under the Sarbanes-Oxley Act. Indeed, that Act
specifically states that FASB revenues are not to be considered
``public monies.''
Unfortunately, the Office of Management and Budget's sequestration
order would require the private fee income on which FASB relies for its
operations to be subject to the sequester. This is despite Congress'
explicit intent in the Sarbanes-Oxley Act to keep FASB independent.
More fundamentally, sequestration of these monies makes no sense.
FASB's funding does not come from the federal government and is instead
collected from accounting support fees allocated among public issuers.
As a result, sequestration of FASB funding has no effect on reducing
the federal deficit. It does, however, undermine FASB's independence
and important role in setting accounting standards for U.S. public
issuers.
Other entities similar to FASB are also being sequestered despite
Congress' clear intent to keep them separate from the federal
[[Page H1313]]
budget process. The Public Company Accounting Oversight Board, the
Securities Investor Protection Corporation, and the North American
Electric Reliability Corporation are all entities subject to the
sequester notwithstanding the fact that they collect fee income
independent of the federal budget process.
Subjecting these entities to sequestration would seriously undermine
the intent of Congress to keep them apart from the federal budget
process as independent organizations. As we consider the effect of
sequestration in the coming days and weeks, I urge my colleagues to
support a legislative remedy that would ensure that entities like FASB
are not subject to sequestration.
Mr. HOLT. Mr. Speaker, I rise in opposition to this bill.
While this bill does exempt the Department of Veterans Affairs from
sequestration, that is the only good news in this bill.
H.R. 933 does provide the Department of Defense with a better balance
between its operations and maintenance accounts and its longer-term
investment accounts. However, it will do nothing to stop the $46
billion sequester for the Department of Defense, which will result in
civilian furloughs, deployment and training cutbacks, and facility
maintenance cuts.
The bill shortchanges our homeland security needs by denying a
requested increase for FEMA State and Local Grants, locking the program
into its lowest funding level in history and shortchanging disaster
preparedness and anti-terrorism funds to states, urban areas, ports,
transit, and first responders.
Communities impacted by Hurricane Sandy are also shortchanged by this
bill. H.R. 933 does not include funding requests important for disaster
recovery, cyber-security, water infrastructure, advanced manufacturing,
and weatherization, including a request to lower the local cost-share
from 65/35 to 90/10 for Army Corps of Engineers projects in communities
affected by Sandy, hindering ability of local communities to recover
and rebuild.
The bill also violates the intent of the Affordable Care Act by
failing to include a requested $949 million to implement health
insurance exchanges under the Affordable Care Act, scheduled to begin
enrolling participants in October. Funding is needed for IT
infrastructure to process enrollments and payments, eligibility
verification, call centers, and other assistance to help individuals
and small businesses select and enroll in health plans.
I urge my colleagues to join me in opposing this badly flawed bill.
Mr. O'ROURKE. Mr. Speaker, I rise today to explain my vote for the
Continuing Resolution, H.R. 933. It is a deeply flawed bill that fails
to adequately address the mindless cuts of the sequester; however, I
believe it is an improvement over the current budget status quo and
will help ease the pain of the sequester cuts for El Paso.
We should be voting on a balanced plan to end the sequester. I and
other members have attempted to introduce legislation that would
replace the sequester. In fact, we even tried to force a vote today to
do this once again, but have been continually and repeatedly blocked by
the majority at every turn. The non-partisan CBO says that the
sequester will mean 750,000 lost jobs across the country. In El Paso,
20,000 federal workers, including those that protect our borders and
care for our wounded warriors, are facing furloughs and continued pay
freezes because Congress has not acted. Federal Reserve Chairman
Bernanke recently testified that the sequester cuts will actually make
it more difficult to address our long-term deficits because it will
slow economic growth. The sequester will also mean fewer teachers in
our classrooms, less Head Start spots for low-income children, and cuts
to job-training programs that help dislocated workers find employment.
The bill before us today recognizes that the sequester is
irresponsible and it provides relief from the negative impacts of the
sequester for two agencies--the Veterans Administration and the Defense
Department. Our vote today on actual appropriations bills for these two
agencies will help alleviate some of the worst sequester impacts. For
example, this legislation allows the Defense Department to shift funds
to the Operations and Maintenance account so that our military
installations, including Fort Bliss, can operate effectively and ensure
that our troops continue to receive world-class training. It provides
advanced appropriations for the VA so they can care for our veterans.
By providing a full year appropriations for Military Construction, this
legislation will provide greater certainty for the Beaumont East
hospital project on Fort Bliss. The bill also provides targeted relief
to the Customs and Border Patrol (CBP) and will allow CBP to maintain
staffing levels and hopefully avoid the full 14 days of furloughs
scheduled to start next month. This will help prevent gridlock at our
ports of entry and help the economy of El Paso, not to mention the
greater security afforded to family budgets for those CBP employees.
For these reasons I am supporting the Continuing Resolution today.
However, this legislation is far from perfect and is certainly not
the bill I would have authored. But I cannot go home and tell El
Pasoans that I voted against protecting working families and tens of
thousands of jobs at Fort Bliss and within the CBP because I was
holding out for a better deal. My only choice was to vote yea or nay. I
choose to help move the ball forward, avoid a government shut-down, and
alleviate some of the worst impacts of the sequester.
There is still time to make needed improvements to this legislation
and provide our federal agencies with the flexibility and funding they
need to function properly. The Defense Department and the Veterans
Administration are vitally important agencies; however, there is no
reason that Congress should carry out its responsibilities of passing a
budget for only them, while forcing the rest of the government to
function under the mindless cuts imposed by the sequester and spending
priorities enacted 18 months ago. I will continue to work toward a
responsible solution to stop the sequester, fund our government,
protect the jobs of El Pasoans, and ensure that programs that many in
my community rely on are protected.
Mr. VAN HOLLEN. Mr. Speaker, today presents our last chance this
month to deal with the harmful effects of sequestration, and yet the
bill on the floor does nothing to address this critical issue. This
week, for the fourth time, House Republicans blocked my amendment to
replace sequestration, even as the nonpartisan Congressional Budget
Office warns that these arbitrary cuts will cost the economy 750,000
jobs and lower economic growth by nearly one-third. By failing to
address sequestration, this bill underfunds education, scientific
research, and consumer protections.
Moreover, while I appreciate that today's bill makes necessary
adjustments to defense and veterans programs, I regret that it fails to
make similar provisions for every other federal agency. By failing to
adjust agency budgets outside of defense, this bill continues spending
on old policies while failing to fund important priorities like
implementation of the Affordable Care Act and enforcement of Dodd-Frank
protections against abuse in the financial sector.
This bill also continues to unfairly penalize our federal workforce,
extending their pay freeze through the end of the year. I support my
colleague Gerry Connolly's bill to freeze Congressional pay, but our
federal employees have already paid more than their fair share,
sacrificing more than $100 billion in pay and benefits to reduce our
Nation's deficit. Private-sector wages rose by an average of 1.4
percent in 2011 and 1.7 percent in 2012, but federal pay has been
frozen since 2010. Denying a 0.5 percent cost-of-living increase for
the federal workers who secure our airports, patrol our borders,
conduct research in national labs, care for our veterans, and inspect
our Nation's food supply will only jeopardize our ability to recruit
and retain the best and the brightest.
We stand ready to work with our Republican colleagues to end
sequestration and responsibly fund our national priorities. Instead,
the Republican Leadership, driven by their most extreme members,
continues to move from manufactured crisis to manufactured crisis,
ignoring our most pressing needs--jobs and the economy. We can and must
do better for the American people. It is my hope that we can work with
our colleagues in the Senate to craft balanced, responsible legislation
that avoids a government shutdown, ends sequestration, and properly
funds our Nation's priorities.
Mr. BLUMENAUER. Mr. Speaker, I oppose this legislation. In Congress,
we continue to talk past ourselves on how to get to fundamental
financial sustainability. If flexibility is necessary for some
agencies, then why not provide all of them with the necessary
flexibility to deal with the draconian impacts of the sequester?
I opposed the sequester from the beginning and still believe it's a
terrible idea. Congress should have dealt with it comprehensively at
the end of last year; we should have had a bigger solution then. Now
that we are stuck with it, we have to deal with the consequences.
Providing flexibility to some of the agencies but not others makes no
sense--it merely allows the Defense Department to mitigate some of the
worst effects on its budget, while continuing to hamstring vital
domestic priorities. For instance, the $1.6 billion cut in the NIH
budget will cut research into illnesses affecting millions of
Americans, senior meal programs like Meals on Wheels will be cut by up
to 4 million meals for needy seniors, and in my State, head start and
early head start programs are being cancelled.
In my home State of Oregon, we will lose approximately $10.2 million
in funding for primary and secondary education, putting about 140
teacher and aide jobs at risk. Our Head Start and Early Head Start
services will be eliminated for approximately 600 children, reducing
access to critical early education. Oregon could lose up to $81,000 in
funds that
[[Page H1314]]
provide services to victims of domestic violence, resulting in up to
300 fewer victims being served.
Overall, this reckless policy will cost our country roughly 750,000
jobs, according to the CBO. They also estimate that allowing sequester
to take place will lower economic growth from 2.0 percent to 1.4
percent, cutting anticipated economic recovery by a third.
Instead of throwing our hands up, we should make smart, targeted
budget decisions that, taken over 10 years, are an alternative to the
arbitrary sequester cuts and can put the country on a more sustainable
fiscal path.
The SPEAKER pro tempore. All time for debate on the bill has expired.
Pursuant to House Resolution 99, the previous question is ordered on
the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion To Recommit
Mr. PETERS of California. Mr. Speaker, I have a motion to recommit at
the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. PETERS of California. I am opposed to the bill in its current
form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Peters of California moves to recommit the bill H.R.
933 to the Committee on Appropriations with instructions to
report the same back to the House forthwith with the
following amendment:
Page 268, beginning on line 20, strike section 3002.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California is recognized for 5 minutes in support of the motion.
Mr. PETERS of California. Mr. Speaker, this is the final amendment to
the bill. It will not delay or kill the bill or send it back to
committee. If adopted, the bill will proceed immediately to final
passage, as amended.
This past November, San Diegans and people across the country sent a
strong message to Congress. They are tired of Washington putting
politics before people, and I was honored to take my oath of office in
January with a mission to be part of the solution. Like probably every
member of this freshman class, Republican and Democrat, I ran for
office because I was tired of the gridlock, and I believed I could make
a difference. I still do.
When I was president of the San Diego City Council, it would never
have occurred to me not to allow my colleagues to vote on a measure
because I disagreed with it. I docketed items for votes because that's
how we worked through issues and moved ahead. But the reality of
Congress is that leadership has the ability to kill legislation before
Members are even allowed to vote on it.
This Congress has been in session for 61 days. During that time, the
majority has not offered or allowed even one vote on any proposal to
repeal, amend, or replace the sequester, a measure that was designed to
be so nonsensical that it was supposed never to have taken effect. That
means that this Congress, 20 percent of whom are new Members, has not
had even one chance to vote to avoid the loss of at least 750,000 jobs.
Until we're allowed to vote on the sequester, those of us who think
it's bad policy--who prefer a regular budget process--can at least
start by striking the sequestration language in this bill.
Since coming to Congress, I have used my time at home and here to
emphasize how these budget decisions--and nondecisions--affect our
constituents, large and small businesses, and our national defense.
People in San Diego and across the country are counting on us to find a
solution to the sequester so that we can continue our recovery, our
economic growth, and we can continue to stay safe.
I've explained that two of the main drivers of San Diego's economy
are our scientific research community and our military. In fiscal year
2012, San Diego firms received more than $130 million from the National
Science Foundation and $850 million from the National Institutes of
Health. It's these types of investments that have created hundreds of
thousands of jobs, boosted our economy, and allowed San Diego to become
the second largest life science cluster in the United States.
A student pursuing a degree in the sciences recently wrote to me to
express the hope that we will find a way to fund an NIH project that
would map the active human brain. That project would do for
neuroscience what the Human Genome Project did for genetics. But he
worries that if the United States is unable to fund projects like these
that we will lose our place as a leader in scientific discovery to
countries like China, England, or Israel, who are making those
investments today.
The immediate cuts to NIH from sequestration are 8.2 percent, which
is equivalent to a cut of $2.5 billion. This could result in the loss
of 33,000 research-related jobs in 2013 and a $4.5 billion decrease in
economic activity.
I've also explained how devastating the sequester is to our military.
Just yesterday, an admiral testified at the House Armed Services
Committee about how our best and brightest, whom we need for
cyberdefense and who are interested in cyberdefense, are worried about
pursuing their careers here because they don't know if they can count
on Congress to provide the support.
{time} 1330
And in San Diego, where almost one in four jobs are defense-related
and nearly 25 percent of defense contractors are small businesses, 10
shipbuilding and maintenance contracts have been canceled. Nationwide,
manufacturing companies that rely on defense funding could lose 223,000
jobs. And as we have heard in Armed Services, neglecting ship repairs
and other maintenance and not making these investments not only leads
to job losses, but threatens our very readiness as a nation.
I know protecting these areas of investment and ensuring economic
recovery and growth are ideas that both Democrats and Republicans can
agree on. Now is the time to ignore party pressures and to do what is
right for the American people. I urge my colleagues to vote ``yes'' to
remove this language from the bill because we need to find solutions
other than the sequester.
Let's turn the indiscriminate cuts of the sequester into targeted
cuts that are part of a larger deficit reduction strategy, a strategy
that cuts wasteful spending but doesn't cut critical infrastructure
investments, stifle scientific innovation, or compromise our national
defense.
With that, I yield back the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, I rise in opposition.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Kentucky. Mr. Speaker, the budgetary problems we face
are unprecedented, and the American public demands that we address
them. This continuing resolution is the first step in that process.
The measure before us does four important things: one, it takes
threat of a government shutdown off the table; two, it fulfills the
agreements made in the Budget Control Act; three, it protects our
troops in harm's way; and, four, it binds up our veterans' wounds.
This is not the time, Mr. Speaker, to argue about sequestration.
Today is the day to keep the government running and show the people
back home we've not lost the ability to govern.
The House has passed two separate responsible sequestration
replacement bills only to have both of them languish in the other body
without action. We're still waiting, Mr. Speaker.
The President must come to the table with a real proposal to solve
the sequestration crisis instead of sending us the same old talking
points and doing campaign trips around the country.
The public is tired of government putting politics ahead of people.
Now is the time to take a shutdown off the table. Now is the time to
give our troops and our veterans the resources they need, deserve, and
have earned. Now is the time, Mr. Speaker, to govern.
Vote ``no'' on this motion, and vote ``yes'' to keep the government
operating.
With that, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
[[Page H1315]]
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. PETERS of California. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
The vote was taken by electronic device, and there were--yeas 188,
nays 231, not voting 12, as follows:
[Roll No. 61]
YEAS--188
Andrews
Barber
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Deutch
Dingell
Doggett
Doyle
Duckworth
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Garcia
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Himes
Hinojosa
Holt
Honda
Horsford
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Maffei
Maloney, Carolyn
Maloney, Sean
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McNerney
Meng
Michaud
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Negrete McLeod
Nolan
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Pingree (ME)
Pocan
Price (NC)
Quigley
Rahall
Rangel
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Sinema
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Yarmuth
NAYS--231
Aderholt
Alexander
Amash
Amodei
Bachmann
Bachus
Barletta
Barr
Barrow (GA)
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Bridenstine
Brooks (AL)
Brooks (IN)
Broun (GA)
Buchanan
Bucshon
Burgess
Calvert
Camp
Campbell
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cotton
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jones
Jordan
Joyce
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lamborn
Lance
Lankford
Latham
Latta
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
Matheson
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paulsen
Pearce
Perry
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price (GA)
Radel
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Roskam
Ross
Rothfus
Royce
Runyan
Ryan (WI)
Salmon
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stockman
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Yoho
Young (FL)
Young (IN)
NOT VOTING--12
Capuano
Coble
Lynch
McIntyre
Meeks
Miller, George
Polis
Ros-Lehtinen
Sanchez, Loretta
Sires
Wilson (FL)
Young (AK)
{time} 1354
Messrs. REICHERT, TURNER, SMITH of Texas, and BILIRAKIS changed their
vote from ``yea'' to ``nay.''
Ms. LOFGREN, Mr. BISHOP of New York, Ms. DeGETTE, Ms. MENG, and Mrs.
NAPOLITANO changed their vote from ``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
Under clause 10 of rule XX, the yeas and nays are ordered.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 267,
nays 151, not voting 13, as follows:
[Roll No. 62]
YEAS--267
Aderholt
Alexander
Amodei
Bachmann
Bachus
Barber
Barletta
Barr
Barrow (GA)
Barton
Benishek
Bentivolio
Bera (CA)
Bilirakis
Bishop (GA)
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Brooks (AL)
Brooks (IN)
Brownley (CA)
Buchanan
Bucshon
Burgess
Bustos
Calvert
Camp
Campbell
Cantor
Capito
Carney
Carter
Cassidy
Castro (TX)
Chabot
Chaffetz
Coffman
Cole
Collins (GA)
Collins (NY)
Conaway
Cook
Cooper
Costa
Cotton
Courtney
Cramer
Crawford
Crenshaw
Culberson
Daines
Davis (CA)
Davis, Rodney
DeFazio
DelBene
Denham
Dent
Diaz-Balart
Duffy
Duncan (SC)
Ellmers
Enyart
Esty
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Gabbard
Gallego
Garamendi
Garcia
Gardner
Garrett
Gerlach
Gibbs
Gibson
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Heck (NV)
Hensarling
Herrera Beutler
Himes
Holding
Horsford
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (OH)
Johnson, Sam
Jones
Jordan
Joyce
Kaptur
Kelly
King (IA)
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
Labrador
LaMalfa
Lamborn
Lance
Lankford
Larson (CT)
Latham
Latta
Lipinski
LoBiondo
Loebsack
Long
Lowenthal
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lummis
Maffei
Maloney, Sean
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McHenry
McKeon
McKinley
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran
Mullin
Mulvaney
Murphy (FL)
Murphy (PA)
Negrete McLeod
Neugebauer
Noem
Nugent
Nunes
Nunnelee
O'Rourke
Olson
Owens
Palazzo
Paulsen
Pearce
Perlmutter
Perry
Peters (CA)
Peterson
Petri
Pittenger
Pitts
Poe (TX)
Pompeo
Price (GA)
Radel
Rahall
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Roskam
Ross
Rothfus
Royce
Ruiz
Runyan
Ryan (WI)
Scalise
Schneider
Schock
Schweikert
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Sinema
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stutzman
Takano
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Turner
Upton
Valadao
Veasey
Visclosky
Wagner
Walberg
Walden
Walorski
Walz
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
[[Page H1316]]
Womack
Woodall
Yoder
Yoho
Young (FL)
Young (IN)
NAYS--151
Amash
Andrews
Bass
Beatty
Becerra
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Bridenstine
Broun (GA)
Brown (FL)
Butterfield
Capps
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Crowley
Cuellar
Cummings
Davis, Danny
DeGette
Delaney
DeLauro
DeSantis
DesJarlais
Deutch
Dingell
Doggett
Doyle
Duckworth
Duncan (TN)
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Frankel (FL)
Fudge
Gingrey (GA)
Gohmert
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heck (WA)
Higgins
Hinojosa
Holt
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Keating
Kennedy
Kildee
Kilmer
Kind
Kingston
Langevin
Larsen (WA)
Lee (CA)
Levin
Lewis
Lofgren
Lowey
Lujan, Ben Ray (NM)
Maloney, Carolyn
Markey
Massie
Matsui
McCarthy (NY)
McClintock
McCollum
McDermott
McGovern
McNerney
Meng
Michaud
Moore
Nadler
Napolitano
Neal
Nolan
Pallone
Pastor (AZ)
Payne
Pelosi
Peters (MI)
Pingree (ME)
Pocan
Posey
Price (NC)
Quigley
Rangel
Richmond
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salmon
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schrader
Schwartz
Serrano
Sewell (AL)
Shea-Porter
Sherman
Slaughter
Smith (WA)
Speier
Stockman
Swalwell (CA)
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Tsongas
Van Hollen
Vargas
Vela
Velazquez
Wasserman Schultz
Waters
Watt
Waxman
Welch
Yarmuth
NOT VOTING--13
Capuano
Coble
Lynch
McIntyre
Meeks
Miller, George
Pascrell
Polis
Ros-Lehtinen
Sanchez, Loretta
Sires
Wilson (FL)
Young (AK)
{time} 1403
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. PASCRELL. Mr. Speaker, today, March 6th, I missed a rollcall
vote. Had I been present I would have voted: Rollcall vote 62-``nay''-
Final Passage of H.R. 922--Department of Defense, Military Construction
and Veterans Affairs, and Full-Year Continuing Appropriations Act, 2013
____________________