Summary: H.R.5856 — 112th Congress (2011-2012)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to Senate with amendment(s) (08/02/2012)

Department of Defense Appropriations Act, 2013 - Title I: Military Personnel - Appropriates funds for FY2013 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

Title II: Operation and Maintenance - Appropriates funds for FY2013 for operation and maintenance (O&M) for the military departments, the defense agencies, the reserve components, and the Army and Air National Guard. Appropriates funds for: (1) the United States Court of Appeals for the Armed Forces; (2) environmental restoration for the military departments, the Department of Defense (DOD), and at formerly used defense sites; (3) overseas humanitarian, disaster, and civic aid; (4) former Soviet Union threat reduction; and (5) the Department of Defense Acquisition Workforce Development Fund.

Title III: Procurement - Appropriates funds for FY2013 for procurement by the Armed Forces of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Appropriates funds for: (1) defense-wide procurement, and (2) certain procurements under the Defense Production Act of 1950.

Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY2013 for research, development, test and evaluation (RDT&E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.

Title V: Revolving and Management Funds - Appropriates funds for: (1) the Defense Working Capital Funds, and (2) programs under the National Defense Sealift Fund.

Title VI: Other Department of Defense Programs - Appropriates funds for: (1) the Defense Health Program; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; and (4) the Office of the Inspector General.

Title VII: Related Agencies - Appropriates funds for the: (1) Central Intelligence Agency Retirement and Disability System Fund, and (2) Intelligence Community Management Account.

Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of authorized funds.

(Sec. 8007) Requires a report from DOD to the defense committees to establish the baseline for application of FY2013 reprogramming and transfer authorities.

(Sec. 8010) Allows for the use of procurement funds for multiyear contracts for: (1) F/A-18E, F/A-18F, and EA-18G aircraft; (2) up to 10 DDG-51 Arleigh Burke class Flight IIA guided missile destroyers and associated systems; (3) SSN-774 Virginia class submarines and government-furnished equipment; (4) a CH-47 Chinook helicopter; and (5) V-22 Osprey aircraft variants. Authorizes the Secretary of Defense (Secretary) to employ incremental funding for the procurement of Virginia class submarines and government-furnished equipment upon determining that such approach will allow the procurement of an additional such submarine in FY2014.

(Sec. 8012) Prohibits, during FY2013, the management by end strengths of DOD civilian personnel.

(Sec. 8021) Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of receipts of contributions from the government of Kuwait.

(Sec. 8023) Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY2013 funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY2013 funds.

(Sec. 8024) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.

(Sec. 8027) Requires the Secretary to report to Congress on the amount of DOD purchases from foreign entities in FY2013.

(Sec. 8029) Authorizes the Secretary of the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Elllsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.

(Sec. 8035) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program and Army agencies established to eliminate, mitigate, or counter the effects of improvised explosive devices, or to improve the effectiveness and efficiencies of biometric activities; (3) to approve or license the sale of the F-22A advanced tactical fighter to any foreign government; (4) to convert to contractor performance a function currently performed by DOD civilian employees, unless specific conditions are met; (5) for assistance to the Democratic People's Republic of North Korea, unless specifically appropriated for such purpose; and (6) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.

(Sec. 8040) Rescinds specified funds from various accounts under prior defense appropriations Acts.

(Sec. 8045) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency (CIA) for drug interdiction or counter-drug activities.

(Sec. 8049) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless Congress is given 15 days' advance notice.

(Sec. 8056) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items, and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.

(Sec. 8057) Prohibits the use of appropriated funds to support any training program involving a unit of the security forces of a foreign country if the Secretary has received credible information that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees within 15 days after any such waiver).

(Sec. 8062) Authorizes members of the National Guard performing full-time duty to support ground-based elements of the National Ballistic Missile Defense System.

(Sec. 8063) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.

(Sec. 8064) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain, youth, social, or fraternal nonprofit organizations.

(Sec. 8068) Authorizes the transfer of specified DOD O&M funds to the Global Security Contingency Fund, after congressional notification.

(Sec. 8069) Earmarks specified procurement and RDT&E funds for the Israeli Cooperative Programs (missile defense).

(Sec. 8074) Requires the FY2013 budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.

(Sec. 8075) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.

(Sec. 8076) Appropriates funds to DOD for a grant to the United Service Organizations.

(Sec. 8078) Prohibits the availability of funds for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.

(Sec. 8079) Requires reserve members called or ordered to active duty in time of national emergency to be notified in writing of their expected mobilization period. Allows the Secretary to waive such requirement in order to respond to a national security emergency or to meet dire operational requirements.

(Sec. 8083) Earmarks specified Navy O&M funds for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and the payment of incremental and personnel costs of training and exercising with foreign security forces.

(Sec. 8087) Authorizes the use of specified Army O&M funds for real property maintenance and repair projects and activities at Arlington National Cemetery.

(Sec. 8088) Requires the Office of the Director of National Intelligence (DNI) to report to the intelligence committees to establish the baseline for application of reprogramming and transfer authorities for FY2013. Prohibits funds provided for the National Intelligence Program (NIP) from being available for reprogramming or transfer until the report is submitted, unless the DNI certifies to such committees that the reprogramming or transfer is necessary as an emergency requirement.

(Sec. 8089) Makes specified Intelligence Community Management Account funds available for transfer by the DNI to other departments and agencies for government-wide information sharing activities.

(Sec. 8090) Directs the DNI to submit annually to Congress a future-years intelligence program reflecting estimated expenditures and proposed appropriations included in the President's budget.

(Sec. 8092) Requires DOD to continue to report incremental contingency operations costs for Operations New Dawn and Enduring Freedom on a monthly basis.

(Sec. 8094) Makes O&M funds available for remittances to the Defense Acquisition Workforce Development Fund.

(Sec. 8095) Requires any agency receiving funds appropriated under this Act to post on its public website any report required to be submitted to Congress in this or any other Act, upon the determination by such agency head that it shall serve the national interest. Provides exceptions when posting the report would compromise national security or for reports containing proprietary information.

(Sec. 8096) Provides specific requirements on the use of this Act's funds for any federal contract in excess of $1 million with respect to contractor resolution of claims under title VII of the Civil Rights Act of 1964. Allows the Secretary to waive such requirements to avoid harm to national security.

(Sec. 8097) Prohibits funds from being distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.

(Sec. 8098) Earmarks specified O&M funds for operations of the integrated Captain James A. Lovell Federal Health Care Center in Chicago, Illinois.

(Sec. 8099) Prohibits any grant or contract funded through this Act from being used to defray the cost of any conference not directly related to the program purpose under such grant or contract. Prohibits DOD from sponsoring or hosting a conference costing more than $100,000 unless the Deputy Secretary of Defense approves such sponsoring or hosting. Prohibits DOD from sponsoring or hosting any conference in excess of $500,000 funded through this Act, with a waiver by the Deputy Secretary for national security purposes. Provides that for purposes of a conference sponsored or hosted by the DOD Office of the Inspector General, such Inspector General shall discharge the same authorities and responsibilities as the Deputy Secretary under this section. Directs the Deputy Secretary to provide a publicly-available report of all DOD-sponsored conferences during FY2013 where the cost is more than $100,0000 funded through this Act.

(Sec. 8101) Allows DOD funds to 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.

(Sec. 8102) Earmarks specified DOD O&M funds for grants to assist the civilian population on Guam in response to the U.S. military buildup there. Requires the Secretary to notify the defense committees at least 15 days prior to obligating funds for such purpose.

(Sec. 8103) Establishes in the Treasury the Ship Modernization, Operations, and Sustainment Fund, and appropriates funds to such Fund, to be available through FY2014. Requires such funds to be used for manning, operating, sustaining, equipping, and modernizing specified Ticonderoga-class guided missiles and Whidbey Island-class dock landing ships.

(Sec. 8104) Appropriates funds to the Secretary, or for transfer to the Secretary of Education, to make grants to construct, renovate, repair, or expand elementary and secondary schools on military installations in order to address capacity or condition deficiencies.

(Sec. 8105) Prohibits any federal funds from being used to transfer or release to or within the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who is not a citizen or member of the Armed Forces and is or was held by DOD on or after June 24, 2009, at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo).

(Sec. 8106) Prohibits any federal funds from being used to transfer any individual detained at Guantanamo to the custody or control of that individual's country of origin or any other foreign country or entity until 30 days after the Secretary certifies to Congress that, among other things, such country is not a designated state sponsor of terrorism and has agreed to ensure that such individual cannot take action to threaten the United States or its citizens or allies in the future. Prohibits the Secretary from making a transfer to a country or entity if there is a confirmed case of an individual who was detained at Guantanamo any time after September 11, 2001, was transferred to such country or entity, and subsequently engaged in any terrorist activity. Provides an exception to the latter prohibition for specified purposes, requiring 30 days' prior congressional notification.

(Sec. 8107) Prohibits any federal funds from being used to construct, acquire, or modify any facility in the United States or its territories or possessions to house any individual who, as of June 24, 2009, is located at Guantanamo, and who: (1) is not a U.S. citizen or a member of the Armed Forces; and (2) is either in DOD custody or control, or otherwise under detention at Guantanamo.

(Sec. 8108) Prohibits the use of funds to enter into a contract with, make a grant to, or provide a loan or loan guarantee to any corporation: (1) against which an unpaid federal tax liability has been assessed; or (2) that was convicted of a felony criminal violation within the preceding 24 months.

(Sec. 8111) Expresses the sense of the Senate that the next available Navy capital warship be named the USS Ted Stevens to recognize the public service achievements, military service sacrifice, and undaunted heroism and courage of the long-serving U.S. Senator for Alaska.

Title IX: Overseas Contingency Operations - Appropriates funds for FY2013 for overseas contingency operations directly related to the global war on terrorism, specifically for: (1) military personnel; (2) O&M; (3) the Afghanistan Infrastructure Fund; (4) the Afghanistan Security Forces Fund; (5) procurement; (6) National Guard and reserve equipment; (7) RDT&E; (8) Defense Working Capital Funds; (9) the Defense Health Program; (10) drug interdiction and counter-drug activities; (11) the Joint Improvised Explosive Device Defeat Fund; and (12) the Office of the Inspector General.

(Sec. 9002) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such appropriations for that fiscal year. Requires prompt congressional notification of each transfer.

(Sec. 9004) Authorizes the Secretary to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in Iraq and Afghanistan, with a limit of $75,000 per passenger vehicle and $250,000 per each heavy or light armored vehicle.

(Sec. 9005) Authorizes the use of up to $200 million to fund the Commander's Emergency Response Program (urgent humanitarian relief and reconstruction assistance in Afghanistan).

(Sec. 9006) Allows DOD O&M funds to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Afghanistan. Requires quarterly reports from the Secretary to the defense committees regarding such support.

(Sec. 9007) Prohibits any funds from being obligated or expended to: (1) establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Iraq or Afghanistan, or (2) exercise U.S. control over any oil resource of Iraq.

(Sec. 9008) Prohibits funds from being used in contravention of specified laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

(Sec. 9009) Prohibits funds provided for the Afghanistan Security Forces Funds from being obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council of DOD.

(Sec. 9011) Earmarks specified Army O&M funds to to allow the Task Force for Business and Stability Operations in Afghanistan to carry out strategic business and economic assistance activities in Afghanistan in support of Operation Enduring Freedom. Requires the Secretary, at least 15 days in advance of making funds available for any such project of $5 million or more, to submit to the defense committees a detailed justification and timeline for the project.

(Sec. 9012) Allows the use of specified O&M funds to support U.S. government transition activities in Iraq by funding operations and activities of the Office of Security Cooperation in Iraq and security assistance teams. Requires 15 days' prior notification from the Secretary to the defense committees with respect to each proposed site and its timeline.

(Sec. 9013) Rescinds, under prior DOD appropriations Acts, specified amounts for: (1) Army procurement, (2) the Mine Resistant Ambush Protected Vehicle Fund, (3) Air Force RDT&E, (4) the Afghanistan Security Forces Fund, and (5) the Joint Improvised Explosive Device Defeat Fund.