[Congressional Record Volume 159, Number 32 (Wednesday, March 6, 2013)]
[House]
[Pages H997-H1316]
From the Congressional Record Online through the Government Printing 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]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.001
     


[[Page H1032]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.002
     


[[Page H1033]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.003
     


[[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: 

[[Page H1035]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.004
     


[[Page H1036]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.005
     


[[Page H1037]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.006
     


[[Page H1038]]

                        MILITARY PERSONNEL, NAVY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.007
     

[[Page H1039]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.008
     


[[Page H1040]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.009
     


[[Page H1041]]

                    MILITARY PERSONNEL, MARINE CORPS

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.010
     

[[Page H1042]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.011
     


[[Page H1043]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.012
     


[[Page H1044]]

                     MILITARY PERSONNEL, AIR FORCE

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.013
     

[[Page H1045]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.014
     


[[Page H1046]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.015
     


[[Page H1047]]

                        RESERVE PERSONNEL, ARMY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.016
     

[[Page H1048]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.017
     


[[Page H1049]]

                        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
     


[[Page H1051]]

                    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
     


[[Page H1053]]

                      RESERVE PERSONNEL, AIR FORCE

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.022
     

[[Page H1054]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.023
     


[[Page H1055]]

                     NATIONAL GUARD PERSONNEL, ARMY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.024
     

[[Page H1056]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.025
     


[[Page H1057]]

                  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
     

[[Page H1058]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.027
     


[[Page H1059]]

                  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: 

[[Page H1061]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.029
     


[[Page H1062]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.030
     


[[Page H1063]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.031
     


[[Page H1064]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.032
     


[[Page H1065]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.033
     


[[Page H1066]]

                    OPERATION AND MAINTENANCE, NAVY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.034
     

[[Page H1067]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.035
     


[[Page H1068]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.036
     


[[Page H1069]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.037
     


[[Page H1070]]

                OPERATION AND MAINTENANCE, MARINE CORPS

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.038
     

[[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:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.040
     

[[Page H1073]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.041
     


[[Page H1074]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.042
     


[[Page H1075]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.043
     


[[Page H1076]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.044
     


[[Page H1077]]

                OPERATION AND MAINTENANCE, DEFENSE-WIDE

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.045
     

[[Page H1078]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.046
     


[[Page H1079]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.047
     


[[Page H1080]]

     [GRAPHIC] [TIFF OMITTED] TH06MR13.048
     


[[Page H1081]]

                OPERATION AND MAINTENANCE, ARMY RESERVE

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.049
     

[[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:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.051
     

[[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:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.057
     

[[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:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.060
     

[[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:


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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:

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[[Page H1102]]

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[[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 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 H1108]]

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[[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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[[Page H1113]]

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[[Page H1115]]

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[[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:

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[[Page H1119]]

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[[Page H1124]]

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[[Page H1125]]

                       WEAPONS PROCUREMENT, NAVY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.089
     

[[Page H1126]]

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[[Page H1127]]

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[[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]]

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[[Page H1130]]

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[[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]]

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[[Page H1135]]

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[[Page H1140]]

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[[Page H1141]]

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[[Page H1142]]

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[[Page H1143]]

                       PROCUREMENT, MARINE CORPS

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.107
     

[[Page H1144]]

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[[Page H1145]]

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[[Page H1146]]

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[[Page H1147]]

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[[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
     

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[[Page H1150]]

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[[Page H1151]]

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[[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:

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[[Page H1157]]

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[[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:

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[[Page H1160]]

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[[Page H1161]]

                      OTHER PROCUREMENT, AIR FORCE

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.123
     

[[Page H1162]]

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[[Page H1163]]

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[[Page H1164]]

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[[Page H1165]]

                       PROCUREMENT, DEFENSE-WIDE

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.127
     

[[Page H1166]]

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[[Page H1167]]

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[[Page H1168]]

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[[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]]

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[[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:

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         RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

     [GRAPHIC] [TIFF OMITTED] TH06MR13.156
     

[[Page H1198]]

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[[Page H1199]]

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[[Page H1200]]

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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:

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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:

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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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[[Page H1254]]

                  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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[[Page H1256]]

                     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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[[Page H1271]]

  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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[[Page H1287]]

                                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.

[[Page H1292]]

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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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[[Page H1303]]

       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
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     Fleming
     Flores
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gabbard
     Gallego
     Garamendi
     Garcia
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
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     Grimm
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     Hensarling
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     Horsford
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     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kaptur
     Kelly
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kirkpatrick
     Kline
     Kuster
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     Latham
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     Lipinski
     LoBiondo
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     Long
     Lowenthal
     Lucas
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     Lummis
     Maffei
     Maloney, Sean
     Marchant
     Marino
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     McCaul
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     McKeon
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     Meadows
     Meehan
     Messer
     Mica
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     Miller (MI)
     Miller, Gary
     Moran
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     Negrete McLeod
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[[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

                          ____________________