IIB 

113TH CONGRESS 

1ST SESSION H. R. 2397 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2013 

Received; read twice and referred to the Committee on Appropriations 

AN ACT 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2014, and for other 

purposes. 

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


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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2014, for military func4 tions administered by the Department of Defense and for 

5 other purposes, namely: 

6 TITLE I 

7 MILITARY PERSONNEL 

8 MILITARY PERSONNEL, ARMY

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the 

14 Army on active duty, (except members of reserve compo15 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

18 377, as amended (42 U.S.C. 402 note), and to the Depart19 ment of Defense Military Retirement Fund, 

20 $40,908,919,000. 

21 MILITARY PERSONNEL, NAVY

22 For pay, allowances, individual clothing, subsistence, 

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


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1 between permanent duty stations, for members of the 

2 Navy on active duty (except members of the Reserve pro3 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

7 of Defense Military Retirement Fund, $27,671,555,000. 

8 MILITARY PERSONNEL, MARINE CORPS

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the Ma14 rine Corps on active duty (except members of the Reserve 

15 provided for elsewhere); and for payments pursuant to sec16 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

17 402 note), and to the Department of Defense Military Re18 tirement Fund, $12,826,857,000. 

19 MILITARY PERSONNEL, AIR FORCE

20 For pay, allowances, individual clothing, subsistence, 

21 interest on deposits, gratuities, permanent change of sta22 tion travel (including all expenses thereof for organiza23 tional movements), and expenses of temporary duty travel 

24 between permanent duty stations, for members of the Air 

25 Force on active duty (except members of reserve compoVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

4 377, as amended (42 U.S.C. 402 note), and to the Depart5 ment of Defense Military Retirement Fund, 

6 $28,382,963,000. 

7 RESERVE PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Army Re10 serve on active duty under sections 10211, 10302, and 

11 3038 of title 10, United States Code, or while serving on 

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

13 States Code, in connection with performing duty specified 

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

15 while undergoing reserve training, or while performing 

16 drills or equivalent duty or other duty, and expenses au17 thorized by section 16131 of title 10, United States Code; 

18 and for payments to the Department of Defense Military 

19 Retirement Fund, $4,483,343,000. 

20 RESERVE PERSONNEL, NAVY

21 For pay, allowances, clothing, subsistence, gratuities, 

22 travel, and related expenses for personnel of the Navy Re23 serve on active duty under section 10211 of title 10, 

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

25 section 12301(d) of title 10, United States Code, in conVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 nection with performing duty specified in section 12310(a) 

2 of title 10, United States Code, or while undergoing re3 serve training, or while performing drills or equivalent 

4 duty, and expenses authorized by section 16131 of title 

5 10, United States Code; and for payments to the Depart6 ment of Defense Military Retirement Fund, 

7 $1,875,536,000. 

8 RESERVE PERSONNEL, MARINE CORPS

9 For pay, allowances, clothing, subsistence, gratuities, 

10 travel, and related expenses for personnel of the Marine 

11 Corps Reserve on active duty under section 10211 of title 

12 10, United States Code, or while serving on active duty 

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

14 in connection with performing duty specified in section 

15 12310(a) of title 10, United States Code, or while under16 going reserve training, or while performing drills or equiv17 alent duty, and for members of the Marine Corps platoon 

18 leaders class, and expenses authorized by section 16131 

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

20 Department of Defense Military Retirement Fund, 

21 $665,499,000. 

22 RESERVE PERSONNEL, AIR FORCE

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

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

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


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1 8038 of title 10, United States Code, or while serving on 

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

3 States Code, in connection with performing duty specified 

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

5 while undergoing reserve training, or while performing 

6 drills or equivalent duty or other duty, and expenses au7 thorized by section 16131 of title 10, United States Code; 

8 and for payments to the Department of Defense Military 

9 Retirement Fund, $1,745,579,000. 

10 NATIONAL GUARD PERSONNEL, ARMY

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

12 travel, and related expenses for personnel of the Army Na13 tional Guard while on duty under section 10211, 10302, 

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

15 States Code, or while serving on duty under section 

16 12301(d) of title 10 or section 502(f) of title 32, United 

17 States Code, in connection with performing duty specified 

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

19 while undergoing training, or while performing drills or 

20 equivalent duty or other duty, and expenses authorized by 

21 section 16131 of title 10, United States Code; and for pay22 ments to the Department of Defense Military Retirement 

23 Fund, $7,958,568,000. 


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1 NATIONAL GUARD PERSONNEL, AIR FORCE

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

3 travel, and related expenses for personnel of the Air Na4 tional Guard on duty under section 10211, 10305, or 

5 12402 of title 10 or section 708 of title 32, United States 

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

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

8 in connection with performing duty specified in section 

9 12310(a) of title 10, United States Code, or while under10 going training, or while performing drills or equivalent 

11 duty or other duty, and expenses authorized by section 

12 16131 of title 10, United States Code; and for payments 

13 to the Department of Defense Military Retirement Fund, 

14 $3,130,361,000. 

15 TITLE II 

16 OPERATION AND MAINTENANCE 

17 OPERATION AND MAINTENANCE, ARMY

18 For expenses, not otherwise provided for, necessary 

19 for the operation and maintenance of the Army, as author20 ized by law; and not to exceed $12,478,000 can be used 

21 for emergencies and extraordinary expenses, to be ex22 pended on the approval or authority of the Secretary of 

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

24 of necessity for confidential military purposes, 

25 $35,183,796,000 (increased by $5,000,000). 


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1 OPERATION AND MAINTENANCE, NAVY

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of the Navy and the 

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

5 $15,055,000 can be used for emergencies and extraor6 dinary expenses, to be expended on the approval or author7 ity of the Secretary of the Navy, and payments may be 

8 made on his certificate of necessity for confidential mili9 tary purposes, $40,127,402,000 (increased by 

10 $2,500,000). 

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of the Marine Corps, 

14 as authorized by law, $6,298,757,000 (increased by 

15 $10,000,000). 

16 OPERATION AND MAINTENANCE, AIR FORCE

17 For expenses, not otherwise provided for, necessary 

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

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

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

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

24 $37,438,701,000 (increased by $2,500,000). 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary 

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

6 departments), as authorized by law, $32,301,685,000 (re7 duced by $11,000,000) (reduced by $25,000,000) (re8 duced by $10,000,000) (reduced by $10,000,000) (in9 creased by $10,000,000) (reduced by $1,000,000) (in10 creased by $1,000,000) (reduced by $10,000,000) (re11 duced by $11,000,000) (reduced by $10,000,000) (in12 creased by $10,000,000) (reduced by $3,000,000) (in13 creased by $3,000,000) (reduced by $65,000,000) (in14 creased by $65,000,000) (reduced by $10,000,000): Pro15 vided, That not more than $25,000,000 may be used for 

16 the Combatant Commander Initiative Fund authorized 

17 under section 166a of title 10, United States Code: Pro18 vided further, That not to exceed $36,000,000 can be used 

19 for emergencies and extraordinary expenses, to be ex20 pended on the approval or authority of the Secretary of 

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

22 necessity for confidential military purposes: Provided fur23 ther, That of the funds provided under this heading, not 

24 less than $36,262,000 shall be made available for the Pro25 curement Technical Assistance Cooperative Agreement 


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1 Program, of which not less than $3,600,000 shall be avail2 able for centers defined in 10 U.S.C. 2411(1)(D): Pro3 vided further, That none of the funds appropriated or oth4 erwise made available by this Act may be used to plan 

5 or implement the consolidation of a budget or appropria6 tions liaison office of the Office of the Secretary of De7 fense, the office of the Secretary of a military department, 

8 or the service headquarters of one of the Armed Forces 

9 into a legislative affairs or legislative liaison office: Pro10 vided further, That $8,721,000, to remain available until 

11 expended, is available only for expenses relating to certain 

12 classified activities, and may be transferred as necessary 

13 by the Secretary of Defense to operation and maintenance 

14 appropriations or research, development, test and evalua15 tion appropriations, to be merged with and to be available 

16 for the same time period as the appropriations to which 

17 transferred: Provided further, That any ceiling on the in18 vestment item unit cost of items that may be purchased 

19 with operation and maintenance funds shall not apply to 

20 the funds described in the preceding proviso: Provided fur21 ther, That the transfer authority provided under this head22 ing is in addition to any other transfer authority provided 

23 elsewhere in this Act. 


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1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For expenses, not otherwise provided for, necessary 

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

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $3,199,151,000. 

9 OPERATION AND MAINTENANCE, NAVY RESERVE

10 For expenses, not otherwise provided for, necessary 

11 for the operation and maintenance, including training, or12 ganization, and administration, of the Navy Reserve; re13 pair of facilities and equipment; hire of passenger motor 

14 vehicles; travel and transportation; care of the dead; re15 cruiting; procurement of services, supplies, and equip16 ment; and communications, $1,200,283,000. 

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Marine Corps Re22 serve; repair of facilities and equipment; hire of passenger 

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

24 recruiting; procurement of services, supplies, and equip25 ment; and communications, $266,561,000. 


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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Air Force Reserve; 

5 repair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $3,149,046,000. 

9 OPERATION AND MAINTENANCE, ARMY NATIONAL

10 GUARD

11 For expenses of training, organizing, and admin12 istering the Army National Guard, including medical and 

13 hospital treatment and related expenses in non-Federal 

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; hire of passenger motor vehicles; per16 sonnel services in the National Guard Bureau; travel ex17 penses (other than mileage), as authorized by law for 

18 Army personnel on active duty, for Army National Guard 

19 division, regimental, and battalion commanders while in20 specting units in compliance with National Guard Bureau 

21 regulations when specifically authorized by the Chief, Na22 tional Guard Bureau; supplying and equipping the Army 

23 National Guard as authorized by law; and expenses of re24 pair, modification, maintenance, and issue of supplies and 


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1 equipment (including aircraft), $7,102,113,000 (increased 

2 by $5,000,000). 

3 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

4 For expenses of training, organizing, and admin5 istering the Air National Guard, including medical and 

6 hospital treatment and related expenses in non-Federal 

7 hospitals; maintenance, operation, and repairs to struc8 tures and facilities; transportation of things, hire of pas9 senger motor vehicles; supplying and equipping the Air 

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

11 modification, maintenance, and issue of supplies and 

12 equipment, including those furnished from stocks under 

13 the control of agencies of the Department of Defense; 

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

15 authorized by law for Air National Guard personnel on 

16 active Federal duty, for Air National Guard commanders 

17 while inspecting units in compliance with National Guard 

18 Bureau regulations when specifically authorized by the 

19 Chief, National Guard Bureau, $6,675,999,000 (increased 

20 by $5,000,000). 

21 UNITED STATES COURT OF APPEALS FOR THE ARMED

22 FORCES

23 For salaries and expenses necessary for the United 

24 States Court of Appeals for the Armed Forces, 


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1 $13,606,000, of which not to exceed $5,000 may be used 

2 for official representation purposes. 

3 ENVIRONMENTAL RESTORATION, ARMY

4 (INCLUDING TRANSFER OF FUNDS)

5 For the Department of the Army, $298,815,000 (re6 duced by $500,000), to remain available until transferred: 

7 Provided, That the Secretary of the Army shall, upon de8 termining that such funds are required for environmental 

9 restoration, reduction and recycling of hazardous waste, 

10 removal of unsafe buildings and debris of the Department 

11 of the Army, or for similar purposes, transfer the funds 

12 made available by this appropriation to other appropria13 tions made available to the Department of the Army, to 

14 be merged with and to be available for the same purposes 

15 and for the same time period as the appropriations to 

16 which transferred: Provided further, That upon a deter17 mination that all or part of the funds transferred from 

18 this appropriation are not necessary for the purposes pro19 vided herein, such amounts may be transferred back to 

20 this appropriation: Provided further, That the transfer au21 thority provided under this heading is in addition to any 

22 other transfer authority provided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, NAVY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Navy, $316,103,000, to 

4 remain available until transferred: Provided, That the Sec5 retary of the Navy shall, upon determining that such 

6 funds are required for environmental restoration, reduc7 tion and recycling of hazardous waste, removal of unsafe 

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

9 for similar purposes, transfer the funds made available by 

10 this appropriation to other appropriations made available 

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

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

13 time period as the appropriations to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation: 

18 Provided further, That the transfer authority provided 

19 under this heading is in addition to any other transfer au20 thority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, AIR FORCE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of the Air Force, $439,820,000, 

24 to remain available until transferred: Provided, That the 

25 Secretary of the Air Force shall, upon determining that 


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1 such funds are required for environmental restoration, re2 duction and recycling of hazardous waste, removal of un3 safe buildings and debris of the Department of the Air 

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

5 available by this appropriation to other appropriations 

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

7 merged with and to be available for the same purposes 

8 and for the same time period as the appropriations to 

9 which transferred: Provided further, That upon a deter10 mination that all or part of the funds transferred from 

11 this appropriation are not necessary for the purposes pro12 vided herein, such amounts may be transferred back to 

13 this appropriation: Provided further, That the transfer au14 thority provided under this heading is in addition to any 

15 other transfer authority provided elsewhere in this Act. 

16 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

17 (INCLUDING TRANSFER OF FUNDS)

18 For the Department of Defense, $10,757,000, to re19 main available until transferred: Provided, That the Sec20 retary of Defense shall, upon determining that such funds 

21 are required for environmental restoration, reduction and 

22 recycling of hazardous waste, removal of unsafe buildings 

23 and debris of the Department of Defense, or for similar 

24 purposes, transfer the funds made available by this appro25 priation to other appropriations made available to the DeVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 partment of Defense, to be merged with and to be avail2 able for the same purposes and for the same time period 

3 as the appropriations to which transferred: Provided fur4 ther, That upon a determination that all or part of the 

5 funds transferred from this appropriation are not nec6 essary for the purposes provided herein, such amounts 

7 may be transferred back to this appropriation: Provided 

8 further, That the transfer authority provided under this 

9 heading is in addition to any other transfer authority pro10 vided elsewhere in this Act. 

11 ENVIRONMENTAL RESTORATION, FORMERLY USED

12 DEFENSE SITES

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Department of the Army, $262,443,000, to 

15 remain available until transferred: Provided, That the Sec16 retary of the Army shall, upon determining that such 

17 funds are required for environmental restoration, reduc18 tion and recycling of hazardous waste, removal of unsafe 

19 buildings and debris at sites formerly used by the Depart20 ment of Defense, transfer the funds made available by this 

21 appropriation to other appropriations made available to 

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

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

24 period as the appropriations to which transferred: Pro25 vided further, That upon a determination that all or part 


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1 of the funds transferred from this appropriation are not 

2 necessary for the purposes provided herein, such amounts 

3 may be transferred back to this appropriation: Provided 

4 further, That the transfer authority provided under this 

5 heading is in addition to any other transfer authority pro6 vided elsewhere in this Act. 

7 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

8 For expenses relating to the Overseas Humanitarian, 

9 Disaster, and Civic Aid programs of the Department of 

10 Defense (consisting of the programs provided under sec11 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

12 United States Code), $109,500,000, to remain available 

13 until September 30, 2015. 

14 COOPERATIVE THREAT REDUCTION ACCOUNT

15 For assistance to the republics of the former Soviet 

16 Union and, with appropriate authorization by the Depart17 ment of Defense and Department of State, to countries 

18 outside of the former Soviet Union, including assistance 

19 provided by contract or by grants, for facilitating the 

20 elimination and the safe and secure transportation and 

21 storage of nuclear, chemical and other weapons; for estab22 lishing programs to prevent the proliferation of weapons, 

23 weapons components, and weapon-related technology and 

24 expertise; for programs relating to the training and sup25 port of defense and military personnel for demilitarization 


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1 and protection of weapons, weapons components and 

2 weapons technology and expertise, and for defense and 

3 military contacts, $528,455,000, to remain available until 

4 September 30, 2016. 

5 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

6 DEVELOPMENT FUND

7 For the Department of Defense Acquisition Work8 force Development Fund, $51,031,000. 

9 TITLE III 

10 PROCUREMENT 

11 AIRCRAFT PROCUREMENT, ARMY

12 For construction, procurement, production, modifica13 tion, and modernization of aircraft, equipment, including 

14 ordnance, ground handling equipment, spare parts, and 

15 accessories therefor; specialized equipment and training 

16 devices; expansion of public and private plants, including 

17 the land necessary therefor, for the foregoing purposes, 

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

19 and construction prosecuted thereon prior to approval of 

20 title; and procurement and installation of equipment, ap21 pliances, and machine tools in public and private plants; 

22 reserve plant and Government and contractor-owned 

23 equipment layaway; and other expenses necessary for the 

24 foregoing purposes, $5,236,653,000, to remain available 

25 for obligation until September 30, 2016. 


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1 MISSILE PROCUREMENT, ARMY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, equipment, including 

4 ordnance, ground handling equipment, spare parts, and 

5 accessories therefor; specialized equipment and training 

6 devices; expansion of public and private plants, including 

7 the land necessary therefor, for the foregoing purposes, 

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

9 and construction prosecuted thereon prior to approval of 

10 title; and procurement and installation of equipment, ap11 pliances, and machine tools in public and private plants; 

12 reserve plant and Government and contractor-owned 

13 equipment layaway; and other expenses necessary for the 

14 foregoing purposes, $1,628,083,000, to remain available 

15 for obligation until September 30, 2016. 

16 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

17 VEHICLES, ARMY

18 For construction, procurement, production, and 

19 modification of weapons and tracked combat vehicles, 

20 equipment, including ordnance, spare parts, and acces21 sories therefor; specialized equipment and training devices; 

22 expansion of public and private plants, including the land 

23 necessary therefor, for the foregoing purposes, and such 

24 lands and interests therein, may be acquired, and con25 struction prosecuted thereon prior to approval of title; and 


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1 procurement and installation of equipment, appliances, 

2 and machine tools in public and private plants; reserve 

3 plant and Government and contractor-owned equipment 

4 layaway; and other expenses necessary for the foregoing 

5 purposes, $1,545,560,000, to remain available for obliga6 tion until September 30, 2016. 

7 PROCUREMENT OF AMMUNITION, ARMY

8 For construction, procurement, production, and 

9 modification of ammunition, and accessories therefor; spe10 cialized equipment and training devices; expansion of pub11 lic and private plants, including ammunition facilities au12 thorized by section 2854 of title 10, United States Code, 

13 and the land necessary therefor, for the foregoing pur14 poses, and such lands and interests therein, may be ac15 quired, and construction prosecuted thereon prior to ap16 proval of title; and procurement and installation of equip17 ment, appliances, and machine tools in public and private 

18 plants; reserve plant and Government and contractor19 owned equipment layaway; and other expenses necessary 

20 for the foregoing purposes, $1,465,937,000, to remain 

21 available for obligation until September 30, 2016. 

22 OTHER PROCUREMENT, ARMY

23 For construction, procurement, production, and 

24 modification of vehicles, including tactical, support, and 

25 non-tracked combat vehicles; the purchase of passenger 


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1 motor vehicles for replacement only; communications and 

2 electronic equipment; other support equipment; spare 

3 parts, ordnance, and accessories therefor; specialized 

4 equipment and training devices; expansion of public and 

5 private plants, including the land necessary therefor, for 

6 the foregoing purposes, and such lands and interests 

7 therein, may be acquired, and construction prosecuted 

8 thereon prior to approval of title; and procurement and 

9 installation of equipment, appliances, and machine tools 

10 in public and private plants; reserve plant and Govern11 ment and contractor-owned equipment layaway; and other 

12 expenses necessary for the foregoing purposes, 

13 $6,467,751,000, to remain available for obligation until 

14 September 30, 2016. 

15 AIRCRAFT PROCUREMENT, NAVY

16 For construction, procurement, production, modifica17 tion, and modernization of aircraft, equipment, including 

18 ordnance, spare parts, and accessories therefor; specialized 

19 equipment; expansion of public and private plants, includ20 ing the land necessary therefor, and such lands and inter21 ests therein, may be acquired, and construction prosecuted 

22 thereon prior to approval of title; and procurement and 

23 installation of equipment, appliances, and machine tools 

24 in public and private plants; reserve plant and Govern25 ment and contractor-owned equipment layaway, 


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1 $17,092,784,000, to remain available for obligation until 

2 September 30, 2016. 

3 WEAPONS PROCUREMENT, NAVY

4 For construction, procurement, production, modifica5 tion, and modernization of missiles, torpedoes, other weap6 ons, and related support equipment including spare parts, 

7 and accessories therefor; expansion of public and private 

8 plants, including the land necessary therefor, and such 

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; and 

11 procurement and installation of equipment, appliances, 

12 and machine tools in public and private plants; reserve 

13 plant and Government and contractor-owned equipment 

14 layaway, $3,017,646,000, to remain available for obliga15 tion until September 30, 2016. 

16 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

17 CORPS

18 For construction, procurement, production, and 

19 modification of ammunition, and accessories therefor; spe20 cialized equipment and training devices; expansion of pub21 lic and private plants, including ammunition facilities au22 thorized by section 2854 of title 10, United States Code, 

23 and the land necessary therefor, for the foregoing pur24 poses, and such lands and interests therein, may be ac25 quired, and construction prosecuted thereon prior to apVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 proval of title; and procurement and installation of equip2 ment, appliances, and machine tools in public and private 

3 plants; reserve plant and Government and contractor4 owned equipment layaway; and other expenses necessary 

5 for the foregoing purposes, $544,116,000, to remain avail6 able for obligation until September 30, 2016. 

7 SHIPBUILDING AND CONVERSION, NAVY

8 For expenses necessary for the construction, acquisi9 tion, or conversion of vessels as authorized by law, includ10 ing armor and armament thereof, plant equipment, appli11 ances, and machine tools and installation thereof in public 

12 and private plants; reserve plant and Government and con13 tractor-owned equipment layaway; procurement of critical, 

14 long lead time components and designs for vessels to be 

15 constructed or converted in the future; and expansion of 

16 public and private plants, including land necessary there17 for, and such lands and interests therein, may be acquired, 

18 and construction prosecuted thereon prior to approval of 

19 title, as follows: 

20 Carrier Replacement Program (AP), 

21 $944,866,000; 

22 Virginia Class Submarine, $3,880,704,000; 

23 Virginia Class Submarine (AP), 

24 $2,354,612,000; 

25 CVN Refuelings, $1,609,324,000; 


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1 CVN Refuelings (AP), $245,793,000; 

2 DDG–1000 Program, $231,694,000; 

3 DDG–51 Destroyer, $1,615,564,000; 

4 DDG–51 Destroyer (AP), $388,551,000; 

5 Littoral Combat Ship, $1,793,014,000; 

6 Afloat Forward Staging Base (AP), 

7 $562,000,000; 

8 Joint High Speed Vessel, $10,332,000; 

9 Moored Training Ship, $207,300,000; 

10 LCAC Service Life Extension Program, 

11 $80,987,000; 

12 For Outfitting, post delivery, conversions, and 

13 first destination transportation, $450,163,000; and 

14 For Completion of Prior Year Shipbuilding Pro15 grams, $625,800,000. 

16 In all: $15,000,704,000, to remain available for obli17 gation until September 30, 2018: Provided, That addi18 tional obligations may be incurred after September 30, 

19 2018, for engineering services, tests, evaluations, and 

20 other such budgeted work that must be performed in the 

21 final stage of ship construction: Provided further, That 

22 none of the funds provided under this heading for the con23 struction or conversion of any naval vessel to be con24 structed in shipyards in the United States shall be ex25 pended in foreign facilities for the construction of major 


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1 components of such vessel: Provided further, That none 

2 of the funds provided under this heading shall be used 

3 for the construction of any naval vessel in foreign ship4 yards. 

5 OTHER PROCUREMENT, NAVY

6 For procurement, production, and modernization of 

7 support equipment and materials not otherwise provided 

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

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

10 of passenger motor vehicles for replacement only; expan11 sion of public and private plants, including the land nec12 essary therefor, and such lands and interests therein, may 

13 be acquired, and construction prosecuted thereon prior to 

14 approval of title; and procurement and installation of 

15 equipment, appliances, and machine tools in public and 

16 private plants; reserve plant and Government and con17 tractor-owned equipment layaway, $6,824,824,000, to re18 main available for obligation until September 30, 2016. 

19 PROCUREMENT, MARINE CORPS

20 For expenses necessary for the procurement, manu21 facture, and modification of missiles, armament, military 

22 equipment, spare parts, and accessories therefor; plant 

23 equipment, appliances, and machine tools, and installation 

24 thereof in public and private plants; reserve plant and 

25 Government and contractor-owned equipment layaway; veVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 hicles for the Marine Corps, including the purchase of pas2 senger motor vehicles for replacement only; and expansion 

3 of public and private plants, including land necessary 

4 therefor, and such lands and interests therein, may be ac5 quired, and construction prosecuted thereon prior to ap6 proval of title, $1,271,311,000, to remain available for ob7 ligation until September 30, 2016. 

8 AIRCRAFT PROCUREMENT, AIR FORCE

9 For construction, procurement, and modification of 

10 aircraft and equipment, including armor and armament, 

11 specialized ground handling equipment, and training de12 vices, spare parts, and accessories therefor; specialized 

13 equipment; expansion of public and private plants, Gov14 ernment-owned equipment and installation thereof in such 

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

16 the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

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

20 other expenses necessary for the foregoing purposes in21 cluding rents and transportation of things, 

22 $10,860,606,000, to remain available for obligation until 

23 September 30, 2016. 


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1 MISSILE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 missiles, spacecraft, rockets, and related equipment, in4 cluding spare parts and accessories therefor, ground han5 dling equipment, and training devices; expansion of public 

6 and private plants, Government-owned equipment and in7 stallation thereof in such plants, erection of structures, 

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

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

10 construction prosecuted thereon prior to approval of title; 

11 reserve plant and Government and contractor-owned 

12 equipment layaway; and other expenses necessary for the 

13 foregoing purposes including rents and transportation of 

14 things, $5,267,119,000, to remain available for obligation 

15 until September 30, 2016. 

16 PROCUREMENT OF AMMUNITION, AIR FORCE

17 For construction, procurement, production, and 

18 modification of ammunition, and accessories therefor; spe19 cialized equipment and training devices; expansion of pub20 lic and private plants, including ammunition facilities, au21 thorized by section 2854 of title 10, United States Code, 

22 and the land necessary therefor, for the foregoing pur23 poses, and such lands and interests therein, may be ac24 quired, and construction prosecuted thereon prior to ap25 proval of title; and procurement and installation of equipVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 ment, appliances, and machine tools in public and private 

2 plants; reserve plant and Government and contractor3 owned equipment layaway; and other expenses necessary 

4 for the foregoing purposes, $743,442,000, to remain avail5 able for obligation until September 30, 2016. 

6 OTHER PROCUREMENT, AIR FORCE

7 For procurement and modification of equipment (in8 cluding ground guidance and electronic control equipment, 

9 and ground electronic and communication equipment), 

10 and supplies, materials, and spare parts therefor, not oth11 erwise provided for; the purchase of passenger motor vehi12 cles for replacement only; lease of passenger motor vehi13 cles; and expansion of public and private plants, Govern14 ment-owned equipment and installation thereof in such 

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

16 the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

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

20 $16,791,497,000, to remain available for obligation until 

21 September 30, 2016. 

22 PROCUREMENT, DEFENSE-WIDE

23 For expenses of activities and agencies of the Depart24 ment of Defense (other than the military departments) 

25 necessary for procurement, production, and modification 


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1 of equipment, supplies, materials, and spare parts there2 for, not otherwise provided for; the purchase of passenger 

3 motor vehicles for replacement only; expansion of public 

4 and private plants, equipment, and installation thereof in 

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

6 for the foregoing purposes, and such lands and interests 

7 therein, may be acquired, and construction prosecuted 

8 thereon prior to approval of title; reserve plant and Gov9 ernment and contractor-owned equipment layaway, 

10 $4,522,990,000 (reduced by $10,000,000), to remain 

11 available for obligation until September 30, 2016. 

12 DEFENSE PRODUCTION ACT PURCHASES

13 For activities by the Department of Defense pursuant 

14 to sections 108, 301, 302, and 303 of the Defense Produc15 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

16 2093), $75,135,000, to remain available until expended. 

17 TITLE IV 

18 RESEARCH, DEVELOPMENT, TEST AND 

19 EVALUATION 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 ARMY

22 For expenses necessary for basic and applied sci23 entific research, development, test and evaluation, includ24 ing maintenance, rehabilitation, lease, and operation of faVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 cilities and equipment, $7,961,486,000, to remain avail2 able for obligation until September 30, 2015. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 NAVY

5 For expenses necessary for basic and applied sci6 entific research, development, test and evaluation, includ7 ing maintenance, rehabilitation, lease, and operation of fa8 cilities and equipment, $15,368,352,000, to remain avail9 able for obligation until September 30, 2015: Provided, 

10 That funds appropriated in this paragraph which are 

11 available for the V–22 may be used to meet unique oper12 ational requirements of the Special Operations Forces: 

13 Provided further, That funds appropriated in this para14 graph shall be available for the Cobra Judy program. 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 AIR FORCE

17 For expenses necessary for basic and applied sci18 entific research, development, test and evaluation, includ19 ing maintenance, rehabilitation, lease, and operation of fa20 cilities and equipment, $24,947,354,000, to remain avail21 able for obligation until September 30, 2015. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 DEFENSE-WIDE

3 (INCLUDING TRANSFER OF FUNDS)

4 For expenses of activities and agencies of the Depart5 ment of Defense (other than the military departments), 

6 necessary for basic and applied scientific research, devel7 opment, test and evaluation; advanced research projects 

8 as may be designated and determined by the Secretary 

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

10 lease, and operation of facilities and equipment, 

11 $17,885,538,000 (reduced by $10,000,000) (reduced by 

12 $15,000,000) (increased by $15,000,000), to remain avail13 able for obligation until September 30, 2015: Provided, 

14 That of the funds made available in this paragraph, 

15 $250,000,000 for the Defense Rapid Innovation Program 

16 shall only be available for expenses, not otherwise provided 

17 for, to include program management and oversight, to 

18 conduct research, development, test and evaluation to in19 clude proof of concept demonstration; engineering, testing, 

20 and validation; and transition to full-scale production: 

21 Provided further, That the Secretary of Defense may 

22 transfer funds provided herein for the Defense Rapid In23 novation Program to appropriations for research, develop24 ment, test and evaluation to accomplish the purpose pro25 vided herein: Provided further, That this transfer authorVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 ity is in addition to any other transfer authority available 

2 to the Department of Defense: Provided further, That the 

3 Secretary of Defense shall, not fewer than 30 days prior 

4 to making transfers from this appropriation, notify the 

5 congressional defense committees in writing of the details 

6 of any such transfer. 

7 OPERATIONAL TEST AND EVALUATION, DEFENSE

8 For expenses, not otherwise provided for, necessary 

9 for the independent activities of the Director, Operational 

10 Test and Evaluation, in the direction and supervision of 

11 operational test and evaluation, including initial oper12 ational test and evaluation which is conducted prior to, 

13 and in support of, production decisions; joint operational 

14 testing and evaluation; and administrative expenses in 

15 connection therewith, $246,800,000, to remain available 

16 for obligation until September 30, 2015. 

17 TITLE V 

18 REVOLVING AND MANAGEMENT FUNDS 

19 DEFENSE WORKING CAPITAL FUNDS

20 For the Defense Working Capital Funds, 

21 $1,545,827,000. 

22 NATIONAL DEFENSE SEALIFT FUND

23 For National Defense Sealift Fund programs, 

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

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


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

2 and for the necessary expenses to maintain and preserve 

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

4 needs of the United States, $595,700,000, to remain avail5 able until expended: Provided, That none of the funds pro6 vided in this paragraph shall be used to award a new con7 tract that provides for the acquisition of any of the fol8 lowing major components unless such components are 

9 manufactured in the United States: auxiliary equipment, 

10 including pumps, for all shipboard services; propulsion 

11 system components (engines, reduction gears, and propel12 lers); shipboard cranes; and spreaders for shipboard 

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

14 in a contract awarded through the obligation of previously 

15 appropriated funds shall not be considered to be the award 

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

17 of the military department responsible for such procure18 ment may waive the restrictions in the first proviso on 

19 a case-by-case basis by certifying in writing to the Com20 mittees on Appropriations of the House of Representatives 

21 and the Senate that adequate domestic supplies are not 

22 available to meet Department of Defense requirements on 

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

24 in order to acquire capability for national security pur25 poses. 


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1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical 

5 and health care programs of the Department of Defense 

6 as authorized by law, $33,573,582,000 (increased by 

7 $10,000,000) (increased by $10,000,000) (increased by 

8 $10,000,000) (increased by $500,000) (increased by 

9 $10,000,000) (reduced by $4,500,000) (increased by 

10 $4,500,000); of which $31,566,688,000 shall be for oper11 ation and maintenance, of which not to exceed one percent 

12 shall remain available for obligation until September 30, 

13 2015 and of which up to $15,969,816,000 may be avail14 able for contracts entered into under the TRICARE pro15 gram; of which $671,181,000, to remain available for obli16 gation until September 30, 2016, shall be for procure17 ment; and of which $1,335,713,000 (increased by 

18 $10,000,000) (increased by $500,000) (increased by 

19 $10,000,000) (reduced by $4,500,000) (increased by 

20 $4,500,000), to remain available for obligation until Sep21 tember 30, 2015, shall be for research, development, test 

22 and evaluation: Provided, That, notwithstanding any other 

23 provision of law, of the amount made available under this 

24 heading for research, development, test and evaluation, 

25 not less than $8,000,000 shall be available for HIV preVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 vention educational activities undertaken in connection 

2 with United States military training, exercises, and hu3 manitarian assistance activities conducted primarily in Af4 rican nations: Provided further, That of the funds made 

5 available under this Act for research, development, test 

6 and evaluation, procurement, or operation and mainte7 nance for the Defense Health Agency, not more than 25 

8 percent may be used until the date on which the program 

9 plan for the oversight and execution of the integrated elec10 tronic health record program required by subtitle C of title 

11 VII of the National Defense Authorization Act for Fiscal 

12 Year 2014 is submitted to Congress. 

13 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

14 DEFENSE

15 For expenses, not otherwise provided for, necessary 

16 for the destruction of the United States stockpile of lethal 

17 chemical agents and munitions in accordance with the pro18 visions of section 1412 of the Department of Defense Au19 thorization Act, 1986 (50 U.S.C. 1521), and for the de20 struction of other chemical warfare materials that are not 

21 in the chemical weapon stockpile, $1,057,123,000, of 

22 which $451,572,000 shall be for operation and mainte23 nance, of which no less than $51,217,000 shall be for the 

24 Chemical Stockpile Emergency Preparedness Program, 

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1 lations and $29,728,000, to remain available until Sep2 tember 30, 2015, to assist State and local governments; 

3 $1,368,000 shall be for procurement, to remain available 

4 until September 30, 2016, of which $1,368,000 shall be 

5 for the Chemical Stockpile Emergency Preparedness Pro6 gram to assist State and local governments; and 

7 $604,183,000, to remain available until September 30, 

8 2015, shall be for research, development, test and evalua9 tion, of which $584,238,000 shall only be for the Assem10 bled Chemical Weapons Alternatives (ACWA) program. 

11 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

12 DEFENSE

13 (INCLUDING TRANSFER OF FUNDS)

14 For drug interdiction and counter-drug activities of 

15 the Department of Defense, for transfer to appropriations 

16 available to the Department of Defense for military per17 sonnel of the reserve components serving under the provi18 sions of title 10 and title 32, United States Code; for oper19 ation and maintenance; for procurement; and for research, 

20 development, test and evaluation, $1,007,762,000: Pro21 vided, That the funds appropriated under this heading 

22 shall be available for obligation for the same time period 

23 and for the same purpose as the appropriation to which 

24 transferred: Provided further, That upon a determination 

25 that all or part of the funds transferred from this approVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 priation are not necessary for the purposes provided here2 in, such amounts may be transferred back to this appro3 priation: Provided further, That the transfer authority pro4 vided under this heading is in addition to any other trans5 fer authority contained elsewhere in this Act. 

6 OFFICE OF THE INSPECTOR GENERAL

7 For expenses and activities of the Office of the In8 spector General in carrying out the provisions of the In9 spector General Act of 1978, as amended, $347,000,000, 

10 of which $346,000,000 shall be for operation and mainte11 nance, of which not to exceed $700,000 is available for 

12 emergencies and extraordinary expenses to be expended on 

13 the approval or authority of the Inspector General, and 

14 payments may be made on the Inspector General’s certifi15 cate of necessity for confidential military purposes; and 

16 of which $1,000,000, to remain available until September 

17 30, 2016, shall be for procurement. 

18 TITLE VII 

19 RELATED AGENCIES 

20 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

21 DISABILITY SYSTEM FUND

22 For payment to the Central Intelligence Agency Re23 tirement and Disability System Fund, to maintain the 

24 proper funding level for continuing the operation of the 


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1 Central Intelligence Agency Retirement and Disability 

2 System, $514,000,000. 

3 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

4 For necessary expenses of the Intelligence Commu5 nity Management Account, $552,535,000. 

6 TITLE VIII 

7 GENERAL PROVISIONS 

8 SEC. 8001. No part of any appropriation contained 

9 in this Act shall be used for publicity or propaganda pur10 poses not authorized by the Congress. 

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

12 of law prohibiting the payment of compensation to, or em13 ployment of, any person not a citizen of the United States 

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

15 Provided, That salary increases granted to direct and indi16 rect hire foreign national employees of the Department of 

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

18 of the percentage increase authorized by law for civilian 

19 employees of the Department of Defense whose pay is 

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

21 United States Code, or at a rate in excess of the percent22 age increase provided by the appropriate host nation to 

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

24 That this section shall not apply to Department of De25 fense foreign service national employees serving at United 


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1 States diplomatic missions whose pay is set by the Depart2 ment of State under the Foreign Service Act of 1980: Pro3 vided further, That the limitations of this provision shall 

4 not apply to foreign national employees of the Department 

5 of Defense in the Republic of Turkey. 

6 SEC. 8003. No part of any appropriation contained 

7 in this Act shall remain available for obligation beyond 

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

9 SEC. 8004. No more than 20 percent of the appro10 priations in this Act which are limited for obligation dur11 ing the current fiscal year shall be obligated during the 

12 last 2 months of the fiscal year: Provided, That this sec13 tion shall not apply to obligations for support of active 

14 duty training of reserve components or summer camp 

15 training of the Reserve Officers’ Training Corps. 

16 (TRANSFER OF FUNDS)

17 SEC. 8005. Upon determination by the Secretary of 

18 Defense that such action is necessary in the national inter19 est, he may, with the approval of the Office of Manage20 ment and Budget, transfer not to exceed $4,000,000,000 

21 of working capital funds of the Department of Defense 

22 or funds made available in this Act to the Department 

23 of Defense for military functions (except military con24 struction) between such appropriations or funds or any 

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


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

2 the appropriation or fund to which transferred: Provided, 

3 That such authority to transfer may not be used unless 

4 for higher priority items, based on unforeseen military re5 quirements, than those for which originally appropriated 

6 and in no case where the item for which funds are re7 quested has been denied by the Congress: Provided further, 

8 That the Secretary of Defense shall notify the Congress 

9 promptly of all transfers made pursuant to this authority 

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

11 no part of the funds in this Act shall be available to pre12 pare or present a request to the Committees on Appropria13 tions for reprogramming of funds, unless for higher pri14 ority items, based on unforeseen military requirements, 

15 than those for which originally appropriated and in no 

16 case where the item for which reprogramming is requested 

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

18 a request for multiple reprogrammings of funds using au19 thority provided in this section shall be made prior to June 

20 30, 2014: Provided further, That transfers among military 

21 personnel appropriations shall not be taken into account 

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

23 may be transferred under this section. 

24 SEC. 8006. (a) With regard to the list of specific pro25 grams, projects, and activities (and the dollar amounts 


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1 and adjustments to budget activities corresponding to 

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

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

4 in the explanatory statement regarding this Act the obliga5 tion and expenditure of amounts appropriated or other6 wise made available in this Act for those programs, 

7 projects, and activities for which the amounts appro8 priated exceed the amounts requested are hereby required 

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

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

11 in the text of this Act. 

12 (b) Amounts specified in the referenced tables de13 scribed in subsection (a) shall not be treated as subdivi14 sions of appropriations for purposes of section 8005 of this 

15 Act: Provided, That section 8005 shall apply when trans16 fers of the amounts described in subsection (a) occur be17 tween appropriation accounts. 

18 SEC. 8007. (a) Not later than 60 days after enact19 ment of this Act, the Department of Defense shall submit 

20 a report to the congressional defense committees to estab21 lish the baseline for application of reprogramming and 

22 transfer authorities for fiscal year 2014: Provided, That 

23 the report shall include— 

24 (1) a table for each appropriation with a sepa25 rate column to display the President’s budget reVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 quest, adjustments made by Congress, adjustments 

2 due to enacted rescissions, if appropriate, and the 

3 fiscal year enacted level; 

4 (2) a delineation in the table for each appro5 priation both by budget activity and program, 

6 project, and activity as detailed in the Budget Ap7 pendix; and 

8 (3) an identification of items of special congres9 sional interest. 

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

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

12 reprogramming or transfer until the report identified in 

13 subsection (a) is submitted to the congressional defense 

14 committees, unless the Secretary of Defense certifies in 

15 writing to the congressional defense committees that such 

16 reprogramming or transfer is necessary as an emergency 

17 requirement. 

18 (TRANSFER OF FUNDS)

19 SEC. 8008. During the current fiscal year, cash bal20 ances in working capital funds of the Department of De21 fense established pursuant to section 2208 of title 10, 

22 United States Code, may be maintained in only such 

23 amounts as are necessary at any time for cash disburse24 ments to be made from such funds: Provided, That trans25 fers may be made between such funds: Provided further, 


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1 That transfers may be made between working capital 

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

3 appropriation and the ‘‘Operation and Maintenance’’ ap4 propriation accounts in such amounts as may be deter5 mined by the Secretary of Defense, with the approval of 

6 the Office of Management and Budget, except that such 

7 transfers may not be made unless the Secretary of Defense 

8 has notified the Congress of the proposed transfer. Except 

9 in amounts equal to the amounts appropriated to working 

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

11 against a working capital fund to procure or increase the 

12 value of war reserve material inventory, unless the Sec13 retary of Defense has notified the Congress prior to any 

14 such obligation. 

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

16 be used to initiate a special access program without prior 

17 notification 30 calendar days in advance to the congres18 sional defense committees. 

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

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

21 employs economic order quantity procurement in excess of 

22 $20,000,000 in any one year of the contract or that in23 cludes an unfunded contingent liability in excess of 

24 $20,000,000; or (2) a contract for advance procurement 

25 leading to a multiyear contract that employs economic 


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

2 any one year, unless the congressional defense committees 

3 have been notified at least 30 days in advance of the pro4 posed contract award: Provided, That no part of any ap5 propriation contained in this Act shall be available to ini6 tiate a multiyear contract for which the economic order 

7 quantity advance procurement is not funded at least to 

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

9 That no part of any appropriation contained in this Act 

10 shall be available to initiate multiyear procurement con11 tracts for any systems or component thereof if the value 

12 of the multiyear contract would exceed $500,000,000 un13 less specifically provided in this Act: Provided further, 

14 That no multiyear procurement contract can be termi15 nated without 10-day prior notification to the congres16 sional defense committees: Provided further, That the exe17 cution of multiyear authority shall require the use of a 

18 present value analysis to determine lowest cost compared 

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

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

21 contract executed after the date of the enactment of this 

22 Act unless in the case of any such contract— 

23 (1) the Secretary of Defense has submitted to 

24 Congress a budget request for full funding of units 

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


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1 of a contract for procurement of aircraft, that in2 cludes, for any aircraft unit to be procured through 

3 the contract for which procurement funds are re4 quested in that budget request for production be5 yond advance procurement activities in the fiscal 

6 year covered by the budget, full funding of procure7 ment of such unit in that fiscal year; 

8 (2) cancellation provisions in the contract do 

9 not include consideration of recurring manufacturing 

10 costs of the contractor associated with the produc11 tion of unfunded units to be delivered under the con12 tract; 

13 (3) the contract provides that payments to the 

14 contractor under the contract shall not be made in 

15 advance of incurred costs on funded units; and 

16 (4) the contract does not provide for a price ad17 justment based on a failure to award a follow-on 

18 contract. 

19 Funds appropriated in title III of this Act may be 

20 used for a multiyear procurement contract as follows: 

21 E–2D Advanced Hawkeye, SSN 774 Virginia class 

22 submarine, KC–130J, C–130J, HC–130J, MC–130J, 

23 AC–130J aircraft, Ground-Based Midcourse Defense Sys24 tem Ground-Based Interceptors, and government fur25 nished equipment. 


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1 SEC. 8011. Within the funds appropriated for the op2 eration and maintenance of the Armed Forces, funds are 

3 hereby appropriated pursuant to section 401 of title 10, 

4 United States Code, for humanitarian and civic assistance 

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

6 Such funds may also be obligated for humanitarian and 

7 civic assistance costs incidental to authorized operations 

8 and pursuant to authority granted in section 401 of chap9 ter 20 of title 10, United States Code, and these obliga10 tions shall be reported as required by section 401(d) of 

11 title 10, United States Code: Provided, That funds avail12 able for operation and maintenance shall be available for 

13 providing humanitarian and similar assistance by using 

14 Civic Action Teams in the Trust Territories of the Pacific 

15 Islands and freely associated states of Micronesia, pursu16 ant to the Compact of Free Association as authorized by 

17 Public Law 99–239: Provided further, That upon a deter18 mination by the Secretary of the Army that such action 

19 is beneficial for graduate medical education programs con20 ducted at Army medical facilities located in Hawaii, the 

21 Secretary of the Army may authorize the provision of med22 ical services at such facilities and transportation to such 

23 facilities, on a nonreimbursable basis, for civilian patients 

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1 ern Mariana Islands, the Marshall Islands, the Federated 

2 States of Micronesia, Palau, and Guam. 

3 SEC. 8012. (a) During fiscal year 2014, the civilian 

4 personnel of the Department of Defense may not be man5 aged on the basis of any end-strength, and the manage6 ment of such personnel during that fiscal year shall not 

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

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

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

10 (b) The fiscal year 2015 budget request for the De11 partment of Defense as well as all justification material 

12 and other documentation supporting the fiscal year 2015 

13 Department of Defense budget request shall be prepared 

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

15 (c) of this provision were effective with regard to fiscal 

16 year 2015. 

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

18 to military (civilian) technicians. 

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

20 Act shall be used in any way, directly or indirectly, to in21 fluence congressional action on any legislation or appro22 priation matters pending before the Congress. 

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

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

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1 dent and receiving benefits paid by the Secretary of Vet2 erans Affairs from the Department of Defense Education 

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

4 credited toward completion of a service commitment: Pro5 vided, That this section shall not apply to those members 

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

7 1987: Provided further, That this section applies only to 

8 active components of the Army. 

9 (TRANSFER OF FUNDS)

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

11 for the Department of Defense Pilot Mentor-Protege Pro12 gram may be transferred to any other appropriation con13 tained in this Act solely for the purpose of implementing 

14 a Mentor-Protege Program developmental assistance 

15 agreement pursuant to section 831 of the National De16 fense Authorization Act for Fiscal Year 1991 (Public Law 

17 101–510; 10 U.S.C. 2302 note), as amended, under the 

18 authority of this provision or any other transfer authority 

19 contained in this Act. 

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

21 available for the purchase by the Department of Defense 

22 (and its departments and agencies) of welded shipboard 

23 anchor and mooring chain 4 inches in diameter and under 

24 unless the anchor and mooring chain are manufactured 

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1 tially manufactured in the United States: Provided, That 

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

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

4 of chain and welding (including the forging and shot blast5 ing process): Provided further, That for the purpose of this 

6 section substantially all of the components of anchor and 

7 mooring chain shall be considered to be produced or manu8 factured in the United States if the aggregate cost of the 

9 components produced or manufactured in the United 

10 States exceeds the aggregate cost of the components pro11 duced or manufactured outside the United States: Pro12 vided further, That when adequate domestic supplies are 

13 not available to meet Department of Defense requirements 

14 on a timely basis, the Secretary of the Service responsible 

15 for the procurement may waive this restriction on a case16 by-case basis by certifying in writing to the Committees 

17 on Appropriations that such an acquisition must be made 

18 in order to acquire capability for national security pur19 poses. 

20 SEC. 8017. None of the funds available to the De21 partment of Defense in the current fiscal year and any 

22 fiscal year thereafter may be used to demilitarize or dis23 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

24 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

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1 munition components that are not otherwise prohibited 

2 from commercial sale under Federal law, unless the small 

3 arms ammunition or ammunition components are certified 

4 by the Secretary of the Army or designee as unserviceable 

5 or unsafe for further use. 

6 SEC. 8018. No more than $500,000 of the funds ap7 propriated or made available in this Act shall be used dur8 ing a single fiscal year for any single relocation of an orga9 nization, unit, activity or function of the Department of 

10 Defense into or within the National Capital Region: Pro11 vided, That the Secretary of Defense may waive this re12 striction on a case-by-case basis by certifying in writing 

13 to the congressional defense committees that such a relo14 cation is required in the best interest of the Government. 

15 SEC. 8019. In addition to the funds provided else16 where in this Act, $15,000,000 is appropriated only for 

17 incentive payments authorized by section 504 of the In18 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

19 That a prime contractor or a subcontractor at any tier 

20 that makes a subcontract award to any subcontractor or 

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

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

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

24 of title 25, United States Code, shall be considered a con25 tractor for the purposes of being allowed additional comVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 pensation under section 504 of the Indian Financing Act 

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

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

4 expenditure of funds appropriated by an Act making Ap5 propriations for the Department of Defense with respect 

6 to any fiscal year: Provided further, That notwithstanding 

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

8 shall be applicable to any Department of Defense acquisi9 tion of supplies or services, including any contract and any 

10 subcontract at any tier for acquisition of commercial items 

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

12 subcontractor or supplier defined in section 1544 of title 

13 25, United States Code, or a small business owned and 

14 controlled by an individual or individuals defined under 

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

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

17 Defense Media Activity shall not be used for any national 

18 or international political or psychological activities. 

19 SEC. 8021. During the current fiscal year, the De20 partment of Defense is authorized to incur obligations of 

21 not to exceed $350,000,000 for purposes specified in sec22 tion 2350j(c) of title 10, United States Code, in anticipa23 tion of receipt of contributions, only from the Government 

24 of Kuwait, under that section: Provided, That upon re25 ceipt, such contributions from the Government of Kuwait 


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1 shall be credited to the appropriations or fund which in2 curred such obligations. 

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

4 Act, not less than $39,532,000 shall be available for the 

5 Civil Air Patrol Corporation, of which— 

6 (1) $28,400,000 shall be available from ‘‘Oper7 ation and Maintenance, Air Force’’ to support Civil 

8 Air Patrol Corporation operation and maintenance, 

9 readiness, counterdrug activities, and drug demand 

10 reduction activities involving youth programs; 

11 (2) $10,200,000 shall be available from ‘‘Air12 craft Procurement, Air Force’’; and 

13 (3) $932,000 shall be available from ‘‘Other 

14 Procurement, Air Force’’ for vehicle procurement. 

15 (b) The Secretary of the Air Force should waive reim16 bursement for any funds used by the Civil Air Patrol for 

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

18 local government agencies. 

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

20 Act are available to establish a new Department of De21 fense (department) federally funded research and develop22 ment center (FFRDC), either as a new entity, or as a 

23 separate entity administrated by an organization man24 aging another FFRDC, or as a nonprofit membership corVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 poration consisting of a consortium of other FFRDCs and 

2 other nonprofit entities. 

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

4 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

6 and no paid consultant to any defense FFRDC, except 

7 when acting in a technical advisory capacity, may be com8 pensated for his or her services as a member of such enti9 ty, or as a paid consultant by more than one FFRDC in 

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

11 referred to previously in this subsection shall be allowed 

12 travel expenses and per diem as authorized under the Fed13 eral Joint Travel Regulations, when engaged in the per14 formance of membership duties. 

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

16 of the funds available to the department from any source 

17 during fiscal year 2014 may be used by a defense FFRDC, 

18 through a fee or other payment mechanism, for construc19 tion of new buildings, for payment of cost sharing for 

20 projects funded by Government grants, for absorption of 

21 contract overruns, or for certain charitable contributions, 

22 not to include employee participation in community service 

23 and/or development. 

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

25 the funds available to the department during fiscal year 


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1 2014, not more than 5,750 staff years of technical effort 

2 (staff years) may be funded for defense FFRDCs: Pro3 vided, That of the specific amount referred to previously 

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

5 be funded for the defense studies and analysis FFRDCs: 

6 Provided further, That this subsection shall not apply to 

7 staff years funded in the National Intelligence Program 

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

9 (e) The Secretary of Defense shall, with the submis10 sion of the department’s fiscal year 2015 budget request, 

11 submit a report presenting the specific amounts of staff 

12 years of technical effort to be allocated for each defense 

13 FFRDC during that fiscal year and the associated budget 

14 estimates. 

15 (f) Notwithstanding any other provision of this Act, 

16 the total amount appropriated in this Act for FFRDCs 

17 is hereby reduced by $40,000,000. 

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

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

20 or armor steel plate for use in any Government-owned fa21 cility or property under the control of the Department of 

22 Defense which were not melted and rolled in the United 

23 States or Canada: Provided, That these procurement re24 strictions shall apply to any and all Federal Supply Class 

25 9515, American Society of Testing and Materials (ASTM) 


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1 or American Iron and Steel Institute (AISI) specifications 

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

3 That the Secretary of the military department responsible 

4 for the procurement may waive this restriction on a case5 by-case basis by certifying in writing to the Committees 

6 on Appropriations of the House of Representatives and the 

7 Senate that adequate domestic supplies are not available 

8 to meet Department of Defense requirements on a timely 

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

10 to acquire capability for national security purposes: Pro11 vided further, That these restrictions shall not apply to 

12 contracts which are in being as of the date of the enact13 ment of this Act. 

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

15 ‘‘congressional defense committees’’ means the Armed 

16 Services Committee of the House of Representatives, the 

17 Armed Services Committee of the Senate, the Sub18 committee on Defense of the Committee on Appropriations 

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

20 Committee on Appropriations of the House of Representa21 tives. 

22 SEC. 8026. During the current fiscal year, the De23 partment of Defense may acquire the modification, depot 

24 maintenance and repair of aircraft, vehicles and vessels 

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1 fense-related articles, through competition between De2 partment of Defense depot maintenance activities and pri3 vate firms: Provided, That the Senior Acquisition Execu4 tive of the military department or Defense Agency con5 cerned, with power of delegation, shall certify that success6 ful bids include comparable estimates of all direct and in7 direct costs for both public and private bids: Provided fur8 ther, That Office of Management and Budget Circular A– 

9 76 shall not apply to competitions conducted under this 

10 section. 

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

12 consultation with the United States Trade Representative, 

13 determines that a foreign country which is party to an 

14 agreement described in paragraph (2) has violated the 

15 terms of the agreement by discriminating against certain 

16 types of products produced in the United States that are 

17 covered by the agreement, the Secretary of Defense shall 

18 rescind the Secretary’s blanket waiver of the Buy Amer19 ican Act with respect to such types of products produced 

20 in that foreign country. 

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

22 reciprocal defense procurement memorandum of under23 standing, between the United States and a foreign country 

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1 tively waived the Buy American Act for certain products 

2 in that country. 

3 (b) The Secretary of Defense shall submit to the Con4 gress a report on the amount of Department of Defense 

5 purchases from foreign entities in fiscal year 2014. Such 

6 report shall separately indicate the dollar value of items 

7 for which the Buy American Act was waived pursuant to 

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

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

10 international agreement to which the United States is a 

11 party. 

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

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

14 States Code. 

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

16 contained in the Department of Defense Overseas Military 

17 Facility Investment Recovery Account established by sec18 tion 2921(c)(1) of the National Defense Authorization Act 

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

20 be available until expended for the payments specified by 

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

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

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

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

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1 kota, South Dakota, Montana, Oregon, Minnesota, and 

2 Washington relocatable military housing units located at 

3 Grand Forks Air Force Base, Malmstrom Air Force Base, 

4 Mountain Home Air Force Base, Ellsworth Air Force 

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

6 needs of the Air Force. 

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

8 no cost to the Air Force, military housing units under sub9 section (a) in accordance with the request for such units 

10 that are submitted to the Secretary by the Operation 

11 Walking Shield Program on behalf of Indian tribes located 

12 in the States of Nevada, Idaho, North Dakota, South Da13 kota, Montana, Oregon, Minnesota, and Washington. Any 

14 such conveyance shall be subject to the condition that the 

15 housing units shall be removed within a reasonable period 

16 of time, as determined by the Secretary. 

17 (c) The Operation Walking Shield Program shall re18 solve any conflicts among requests of Indian tribes for 

19 housing units under subsection (a) before submitting re20 quests to the Secretary of the Air Force under subsection 

21 (b). 

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

23 any recognized Indian tribe included on the current list 

24 published by the Secretary of the Interior under section 

25 104 of the Federally Recognized Indian Tribe Act of 1994 


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

2 1). 

3 SEC. 8030. During the current fiscal year, appropria4 tions which are available to the Department of Defense 

5 for operation and maintenance may be used to purchase 

6 items having an investment item unit cost of not more 

7 than $250,000. 

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

9 of the appropriations or funds available to the Department 

10 of Defense Working Capital Funds shall be used for the 

11 purchase of an investment item for the purpose of acquir12 ing a new inventory item for sale or anticipated sale dur13 ing the current fiscal year or a subsequent fiscal year to 

14 customers of the Department of Defense Working Capital 

15 Funds if such an item would not have been chargeable 

16 to the Department of Defense Business Operations Fund 

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

18 investment item would be chargeable during the current 

19 fiscal year to appropriations made to the Department of 

20 Defense for procurement. 

21 (b) The fiscal year 2015 budget request for the De22 partment of Defense, as well as all justification material 

23 and other documentation supporting the fiscal year 2015 

24 Department of Defense budget, shall be prepared and sub25 mitted to the Congress on the basis that any equipment 


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1 which was classified as an end item and funded in a pro2 curement appropriation contained in this Act shall be 

3 budgeted for in a proposed fiscal year 2015 procurement 

4 appropriation and not in the supply management business 

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

6 Defense Working Capital Funds. 

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

8 Act for programs of the Central Intelligence Agency shall 

9 remain available for obligation beyond the current fiscal 

10 year, except for funds appropriated for the Reserve for 

11 Contingencies, which shall remain available until Sep12 tember 30, 2015: Provided, That funds appropriated, 

13 transferred, or otherwise credited to the Central Intel14 ligence Agency Central Services Working Capital Fund 

15 during this or any prior or subsequent fiscal year shall 

16 remain available until expended: Provided further, That 

17 any funds appropriated or transferred to the Central Intel18 ligence Agency for advanced research and development ac19 quisition, for agent operations, and for covert action pro20 grams authorized by the President under section 503 of 

21 the National Security Act of 1947 (50 U.S.C. 3093) shall 

22 remain available until September 30, 2015. 

23 SEC. 8033. Notwithstanding any other provision of 

24 law, funds made available in this Act for the Defense In25 telligence Agency may be used for the design, developVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 ment, and deployment of General Defense Intelligence 

2 Program intelligence communications and intelligence in3 formation systems for the Services, the Unified and Speci4 fied Commands, and the component commands. 

5 SEC. 8034. Of the funds appropriated to the Depart6 ment of Defense under the heading ‘‘Operation and Main7 tenance, Defense-Wide’’, not less than $12,000,000 shall 

8 be made available only for the mitigation of environmental 

9 impacts, including training and technical assistance to 

10 tribes, related administrative support, the gathering of in11 formation, documenting of environmental damage, and de12 veloping a system for prioritization of mitigation and cost 

13 to complete estimates for mitigation, on Indian lands re14 sulting from Department of Defense activities. 

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

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

17 Defense unless the entity, in expending the funds, com18 plies with the Buy American Act. For purposes of this 

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

20 83 of title 41, United States Code. 

21 (b) If the Secretary of Defense determines that a per22 son has been convicted of intentionally affixing a label 

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

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

25 in America, the Secretary shall determine, in accordance 


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1 with section 2410f of title 10, United States Code, wheth2 er the person should be debarred from contracting with 

3 the Department of Defense. 

4 (c) In the case of any equipment or products pur5 chased with appropriations provided under this Act, it is 

6 the sense of the Congress that any entity of the Depart7 ment of Defense, in expending the appropriation, purchase 

8 only American-made equipment and products, provided 

9 that American-made equipment and products are cost10 competitive, quality competitive, and available in a timely 

11 fashion. 

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

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

14 or consulting services entered into without competition on 

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

16 activity responsible for the procurement determines— 

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

18 only one source is found fully qualified to perform 

19 the proposed work; 

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

21 unsolicited proposal which offers significant sci22 entific or technological promise, represents the prod23 uct of original thinking, and was submitted in con24 fidence by one source; or 


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1 (3) the purpose of the contract is to take ad2 vantage of unique and significant industrial accom3 plishment by a specific concern, or to insure that a 

4 new product or idea of a specific concern is given fi5 nancial support: Provided, That this limitation shall 

6 not apply to contracts in an amount of less than 

7 $25,000, contracts related to improvements of equip8 ment that is in development or production, or con9 tracts as to which a civilian official of the Depart10 ment of Defense, who has been confirmed by the 

11 Senate, determines that the award of such contract 

12 is in the interest of the national defense. 

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

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

15 be used— 

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

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

18 Armed Forces or civilian employee of the depart19 ment who is transferred or reassigned from a head20 quarters activity if the member or employee’s place 

21 of duty remains at the location of that headquarters. 

22 (b) The Secretary of Defense or Secretary of a mili23 tary department may waive the limitations in subsection 

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

25 and certifies to the Committees on Appropriations of the 


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1 House of Representatives and the Senate that the grant2 ing of the waiver will reduce the personnel requirements 

3 or the financial requirements of the department. 

4 (c) This section does not apply to— 

5 (1) field operating agencies funded within the 

6 National Intelligence Program; 

7 (2) an Army field operating agency established 

8 to eliminate, mitigate, or counter the effects of im9 provised explosive devices, and, as determined by the 

10 Secretary of the Army, other similar threats; or 

11 (3) an Army field operating agency established 

12 to improve the effectiveness and efficiencies of bio13 metric activities and to integrate common biometric 

14 technologies throughout the Department of Defense. 

15 SEC. 8038. The Secretary of Defense, notwith16 standing any other provision of law, acting through the 

17 Office of Economic Adjustment of the Department of De18 fense, may use funds made available in this Act under the 

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

20 make grants and supplement other Federal funds in ac21 cordance with the guidance provided in the explanatory 

22 statement accompanying this Act. 

23 SEC. 8039. (a) None of the funds appropriated by 

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1 fense that, on or after the date of the enactment of this 

2 Act, is performed by Department of Defense civilian em3 ployees unless— 

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

5 public-private competition that includes a most effi6 cient and cost effective organization plan developed 

7 by such activity or function; 

8 (2) the Competitive Sourcing Official deter9 mines that, over all performance periods stated in 

10 the solicitation of offers for performance of the ac11 tivity or function, the cost of performance of the ac12 tivity or function by a contractor would be less costly 

13 to the Department of Defense by an amount that 

14 equals or exceeds the lesser of— 

15 (A) 10 percent of the most efficient organi16 zation’s personnel-related costs for performance 

17 of that activity or function by Federal employ18 ees; or 

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

20 (3) the contractor does not receive an advan21 tage for a proposal that would reduce costs for the 

22 Department of Defense by— 

23 (A) not making an employer-sponsored 

24 health insurance plan available to the workers 


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1 who are to be employed in the performance of 

2 that activity or function under the contract; or 

3 (B) offering to such workers an employer4 sponsored health benefits plan that requires the 

5 employer to contribute less towards the pre6 mium or subscription share than the amount 

7 that is paid by the Department of Defense for 

8 health benefits for civilian employees under 

9 chapter 89 of title 5, United States Code. 

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

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

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

13 notwithstanding any administrative regulation, require14 ment, or policy to the contrary shall have full authority 

15 to enter into a contract for the performance of any com16 mercial or industrial type function of the Department of 

17 Defense that— 

18 (A) is included on the procurement list estab19 lished pursuant to section 2 of the Javits-Wagner20 O’Day Act (section 8503 of title 41, United States 

21 Code); 

22 (B) is planned to be converted to performance 

23 by a qualified nonprofit agency for the blind or by 

24 a qualified nonprofit agency for other severely handi25 capped individuals in accordance with that Act; or 


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1 (C) is planned to be converted to performance 

2 by a qualified firm under at least 51 percent owner3 ship by an Indian tribe, as defined in section 4(e) 

4 of the Indian Self-Determination and Education As5 sistance Act (25 U.S.C. 450b(e)), or a Native Ha6 waiian Organization, as defined in section 8(a)(15) 

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

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

9 or contracts for depot maintenance as provided in sections 

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

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

12 Department of Defense under the authority provided by 

13 this section shall be credited toward any competitive or 

14 outsourcing goal, target, or measurement that may be es15 tablished by statute, regulation, or policy and is deemed 

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

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

18 States Code, for the competition or outsourcing of com19 mercial activities. 

20 (RESCISSIONS)

21 SEC. 8040. Of the funds appropriated in Department 

22 of Defense Appropriations Acts, the following funds are 

23 hereby rescinded from the following accounts and pro24 grams in the specified amounts: 


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1 ‘‘National Defense Sealift Fund, 2011/XXXX’’, 

2 $28,000,000; 

3 ‘‘National Defense Sealift Fund, 2012/XXXX’’, 

4 $14,000,000; 

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

6 $30,000,000; 

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

8 $443,000,000; 

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

10 $10,000,000; 

11 ‘‘Aircraft Procurement, Navy, 2013/2015’’, 

12 $85,000,000; 

13 ‘‘Weapons Procurement, Navy, 2013/2015’’, 

14 $5,000,000; 

15 ‘‘Shipbuilding and Conversion, Navy, 2013/ 

16 2017’’: CVN–71, $68,000,000; 

17 ‘‘Other Procurement, Navy, 2013/2015’’, 

18 $3,553,000; 

19 ‘‘Procurement, Marine Corps, 2013/2015’’, 

20 $12,650,000; 

21 ‘‘Missile Procurement, Air Force, 2013/2015’’, 

22 $60,000,000; 

23 ‘‘Other Procurement, Air Force, 2013/2015’’, 

24 $38,900,000; 


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1 ‘‘Procurement, Defense-Wide, 2013/2015’’, 

2 $72,776,000; 

3 ‘‘Research, Development, Test and Evaluation, 

4 Army, 2013/2014’’, $380,861,000; 

5 ‘‘Research, Development, Test and Evaluation, 

6 Navy, 2013/2014’’, $49,331,000; 

7 ‘‘Research, Development, Test and Evaluation, 

8 Air Force, 2013/2014’’, $115,000,000; 

9 ‘‘Research, Development, Test and Evaluation, 

10 Defense-Wide, 2013/2014’’, $213,000,000; 

11 ‘‘Ship Modernization Operations and 

12 Sustainment Fund, 2013/2014’’, $1,414,500,000. 

13 SEC. 8041. None of the funds available in this Act 

14 may be used to reduce the authorized positions for mili15 tary technicians (dual status) of the Army National 

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

17 Reserve for the purpose of applying any administratively 

18 imposed civilian personnel ceiling, freeze, or reduction on 

19 military technicians (dual status), unless such reductions 

20 are a direct result of a reduction in military force struc21 ture. 

22 SEC. 8042. None of the funds appropriated or other23 wise made available in this Act may be obligated or ex24 pended for assistance to the Democratic People’s Republic 

25 of Korea unless specifically appropriated for that purpose. 


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1 SEC. 8043. Funds appropriated in this Act for oper2 ation and maintenance of the Military Departments, Com3 batant Commands and Defense Agencies shall be available 

4 for reimbursement of pay, allowances and other expenses 

5 which would otherwise be incurred against appropriations 

6 for the National Guard and Reserve when members of the 

7 National Guard and Reserve provide intelligence or coun8 terintelligence support to Combatant Commands, Defense 

9 Agencies and Joint Intelligence Activities, including the 

10 activities and programs included within the National Intel11 ligence Program and the Military Intelligence Program: 

12 Provided, That nothing in this section authorizes deviation 

13 from established Reserve and National Guard personnel 

14 and training procedures. 

15 SEC. 8044. During the current fiscal year, none of 

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

17 the civilian medical and medical support personnel as18 signed to military treatment facilities below the September 

19 30, 2003, level: Provided, That the Service Surgeons Gen20 eral may waive this section by certifying to the congres21 sional defense committees that the beneficiary population 

22 is declining in some catchment areas and civilian strength 

23 reductions may be consistent with responsible resource 

24 stewardship and capitation-based budgeting. 


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1 SEC. 8045. (a) None of the funds available to the 

2 Department of Defense for any fiscal year for drug inter3 diction or counter-drug activities may be transferred to 

4 any other department or agency of the United States ex5 cept as specifically provided in an appropriations law. 

6 (b) None of the funds available to the Central Intel7 ligence Agency for any fiscal year for drug interdiction 

8 and counter-drug activities may be transferred to any 

9 other department or agency of the United States except 

10 as specifically provided in an appropriations law. 

11 SEC. 8046. None of the funds appropriated by this 

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

13 bearings other than those produced by a domestic source 

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

15 the military department responsible for such procurement 

16 may waive this restriction on a case-by-case basis by certi17 fying in writing to the Committees on Appropriations of 

18 the House of Representatives and the Senate, that ade19 quate domestic supplies are not available to meet Depart20 ment of Defense requirements on a timely basis and that 

21 such an acquisition must be made in order to acquire ca22 pability for national security purposes: Provided further, 

23 That this restriction shall not apply to the purchase of 

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

25 Office of Federal Procurement Policy Act, except that the 


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1 restriction shall apply to ball or roller bearings purchased 

2 as end items. 

3 SEC. 8047. None of the funds in this Act may be 

4 used to purchase any supercomputer which is not manu5 factured in the United States, unless the Secretary of De6 fense certifies to the congressional defense committees 

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

8 capability for national security purposes that is not avail9 able from United States manufacturers. 

10 SEC. 8048. None of the funds made available in this 

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

12 officer or employee of the Department of Defense who ap13 proves or implements the transfer of administrative re14 sponsibilities or budgetary resources of any program, 

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

16 of another Federal agency not financed by this Act with17 out the express authorization of Congress: Provided, That 

18 this limitation shall not apply to transfers of funds ex19 pressly provided for in Defense Appropriations Acts, or 

20 provisions of Acts providing supplemental appropriations 

21 for the Department of Defense. 

22 SEC. 8049. (a) Notwithstanding any other provision 

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

24 Defense for the current fiscal year may be obligated or 

25 expended to transfer to another nation or an international 


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1 organization any defense articles or services (other than 

2 intelligence services) for use in the activities described in 

3 subsection (b) unless the congressional defense commit4 tees, the Committee on Foreign Affairs of the House of 

5 Representatives, and the Committee on Foreign Relations 

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

7 transfer. 

8 (b) This section applies to— 

9 (1) any international peacekeeping or peace-en10 forcement operation under the authority of chapter 

11 VI or chapter VII of the United Nations Charter 

12 under the authority of a United Nations Security 

13 Council resolution; and 

14 (2) any other international peacekeeping, peace15 enforcement, or humanitarian assistance operation. 

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

17 following: 

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

19 services to be transferred. 

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

21 supplies, or services to be transferred. 

22 (3) In the case of a proposed transfer of equip23 ment or supplies— 

24 (A) a statement of whether the inventory 

25 requirements of all elements of the Armed 


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1 Forces (including the reserve components) for 

2 the type of equipment or supplies to be trans3 ferred have been met; and 

4 (B) a statement of whether the items pro5 posed to be transferred will have to be replaced 

6 and, if so, how the President proposes to pro7 vide funds for such replacement. 

8 SEC. 8050. None of the funds available to the De9 partment of Defense under this Act shall be obligated or 

10 expended to pay a contractor under a contract with the 

11 Department of Defense for costs of any amount paid by 

12 the contractor to an employee when— 

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

14 excess of the normal salary paid by the contractor 

15 to the employee; and 

16 (2) such bonus is part of restructuring costs as17 sociated with a business combination. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8051. During the current fiscal year, no more 

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

21 under the heading ‘‘Operation and Maintenance, Defense22 Wide’’ may be transferred to appropriations available for 

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

24 be available for the same time period as the appropriations 

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1 sonnel in connection with support and services for eligible 

2 organizations and activities outside the Department of De3 fense pursuant to section 2012 of title 10, United States 

4 Code. 

5 SEC. 8052. During the current fiscal year, in the case 

6 of an appropriation account of the Department of Defense 

7 for which the period of availability for obligation has ex8 pired or which has closed under the provisions of section 

9 1552 of title 31, United States Code, and which has a 

10 negative unliquidated or unexpended balance, an obliga11 tion or an adjustment of an obligation may be charged 

12 to any current appropriation account for the same purpose 

13 as the expired or closed account if— 

14 (1) the obligation would have been properly 

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

16 closed account before the end of the period of avail17 ability or closing of that account; 

18 (2) the obligation is not otherwise properly 

19 chargeable to any current appropriation account of 

20 the Department of Defense; and 

21 (3) in the case of an expired account, the obli22 gation is not chargeable to a current appropriation 

23 of the Department of Defense under the provisions 

24 of section 1405(b)(8) of the National Defense Au25 thorization Act for Fiscal Year 1991, Public Law 


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1 101–510, as amended (31 U.S.C. 1551 note): Pro2 vided, That in the case of an expired account, if sub3 sequent review or investigation discloses that there 

4 was not in fact a negative unliquidated or unex5 pended balance in the account, any charge to a cur6 rent account under the authority of this section shall 

7 be reversed and recorded against the expired ac8 count: Provided further, That the total amount 

9 charged to a current appropriation under this sec10 tion may not exceed an amount equal to 1 percent 

11 of the total appropriation for that account. 

12 SEC. 8053. (a) Notwithstanding any other provision 

13 of law, the Chief of the National Guard Bureau may per14 mit the use of equipment of the National Guard Distance 

15 Learning Project by any person or entity on a space-avail16 able, reimbursable basis. The Chief of the National Guard 

17 Bureau shall establish the amount of reimbursement for 

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

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

20 credited to funds available for the National Guard Dis21 tance Learning Project and be available to defray the costs 

22 associated with the use of equipment of the project under 

23 that subsection. Such funds shall be available for such 

24 purposes without fiscal year limitation. 


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1 SEC. 8054. Using funds made available by this Act 

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

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

4 States Code, may implement cost-effective agreements for 

5 required heating facility modernization in the 

6 Kaiserslautern Military Community in the Federal Repub7 lic of Germany: Provided, That in the City of 

8 Kaiserslautern and at the Rhine Ordnance Barracks area, 

9 such agreements will include the use of United States an10 thracite as the base load energy for municipal district heat 

11 to the United States Defense installations: Provided fur12 ther, That at Landstuhl Army Regional Medical Center 

13 and Ramstein Air Base, furnished heat may be obtained 

14 from private, regional or municipal services, if provisions 

15 are included for the consideration of United States coal 

16 as an energy source. 

17 SEC. 8055. None of the funds appropriated in title 

18 IV of this Act may be used to procure end-items for deliv19 ery to military forces for operational training, operational 

20 use or inventory requirements: Provided, That this restric21 tion does not apply to end-items used in development, 

22 prototyping, and test activities preceding and leading to 

23 acceptance for operational use: Provided further, That this 

24 restriction does not apply to programs funded within the 

25 National Intelligence Program: Provided further, That the 


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1 Secretary of Defense may waive this restriction on a case2 by-case basis by certifying in writing to the Committees 

3 on Appropriations of the House of Representatives and the 

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

5 so. 

6 SEC. 8056. (a) The Secretary of Defense may, on a 

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

8 each limitation on the procurement of defense items from 

9 foreign sources provided in law if the Secretary determines 

10 that the application of the limitation with respect to that 

11 country would invalidate cooperative programs entered 

12 into between the Department of Defense and the foreign 

13 country, or would invalidate reciprocal trade agreements 

14 for the procurement of defense items entered into under 

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

16 country does not discriminate against the same or similar 

17 defense items produced in the United States for that coun18 try. 

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

20 (1) contracts and subcontracts entered into on 

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

22 (2) options for the procurement of items that 

23 are exercised after such date under contracts that 

24 are entered into before such date if the option prices 


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1 are adjusted for any reason other than the applica2 tion of a waiver granted under subsection (a). 

3 (c) Subsection (a) does not apply to a limitation re4 garding construction of public vessels, ball and roller bear5 ings, food, and clothing or textile materials as defined by 

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

7 Schedule and products classified under headings 4010, 

8 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

9 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

11 SEC. 8057. (a) None of the funds made available by 

12 this Act may be used to support any training program in13 volving a unit of the security forces or police of a foreign 

14 country if the Secretary of Defense has received credible 

15 information from the Department of State that the unit 

16 has committed a gross violation of human rights, unless 

17 all necessary corrective steps have been taken. 

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

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

20 to conduct any training program referred to in subsection 

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

22 available to the Department of State relating to human 

23 rights violations by foreign security forces. 

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

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1 section (a) if he determines that such waiver is required 

2 by extraordinary circumstances. 

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

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

5 submit a report to the congressional defense committees 

6 describing the extraordinary circumstances, the purpose 

7 and duration of the training program, the United States 

8 forces and the foreign security forces involved in the train9 ing program, and the information relating to human rights 

10 violations that necessitates the waiver. 

11 SEC. 8058. None of the funds appropriated or other12 wise made available by this or other Department of De13 fense Appropriations Acts may be obligated or expended 

14 for the purpose of performing repairs or maintenance to 

15 military family housing units of the Department of De16 fense, including areas in such military family housing 

17 units that may be used for the purpose of conducting offi18 cial Department of Defense business. 

19 SEC. 8059. Notwithstanding any other provision of 

20 law, funds appropriated in this Act under the heading 

21 ‘‘Research, Development, Test and Evaluation, Defense22 Wide’’ for any new start advanced concept technology 

23 demonstration project or joint capability demonstration 

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1 tion and transition strategy and its estimated annual and 

2 total cost, has been provided in writing to the congres3 sional defense committees: Provided, That the Secretary 

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

5 basis by certifying to the congressional defense committees 

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

7 SEC. 8060. The Secretary of Defense shall provide 

8 a classified quarterly report beginning 30 days after enact9 ment of this Act, to the House and Senate Appropriations 

10 Committees, Subcommittees on Defense on certain mat11 ters as directed in the classified annex accompanying this 

12 Act. 

13 SEC. 8061. During the current fiscal year, none of 

14 the funds available to the Department of Defense may be 

15 used to provide support to another department or agency 

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

17 than 90 days in arrears in making payment to the Depart18 ment of Defense for goods or services previously provided 

19 to such department or agency on a reimbursable basis: 

20 Provided, That this restriction shall not apply if the de21 partment is authorized by law to provide support to such 

22 department or agency on a nonreimbursable basis, and is 

23 providing the requested support pursuant to such author24 ity: Provided further, That the Secretary of Defense may 

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


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1 in writing to the Committees on Appropriations of the 

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

3 national security interest to do so. 

4 SEC. 8062. Notwithstanding section 12310(b) of title 

5 10, United States Code, a Reserve who is a member of 

6 the National Guard serving on full-time National Guard 

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

8 may perform duties in support of the ground-based ele9 ments of the National Ballistic Missile Defense System. 

10 SEC. 8063. None of the funds provided in this Act 

11 may be used to transfer to any nongovernmental entity 

12 ammunition held by the Department of Defense that has 

13 a center-fire cartridge and a United States military no14 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

17 entity performing demilitarization services for the Depart18 ment of Defense under a contract that requires the entity 

19 to demonstrate to the satisfaction of the Department of 

20 Defense that armor piercing projectiles are either: (1) ren21 dered incapable of reuse by the demilitarization process; 

22 or (2) used to manufacture ammunition pursuant to a con23 tract with the Department of Defense or the manufacture 

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1 manent Export of Unclassified Military Articles issued by 

2 the Department of State. 

3 SEC. 8064. Notwithstanding any other provision of 

4 law, the Chief of the National Guard Bureau, or his des5 ignee, may waive payment of all or part of the consider6 ation that otherwise would be required under section 2667 

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

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

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

10 United States Code, or any other youth, social, or fra11 ternal nonprofit organization as may be approved by the 

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

13 a case-by-case basis. 

14 SEC. 8065. None of the funds appropriated by this 

15 Act shall be used for the support of any nonappropriated 

16 funds activity of the Department of Defense that procures 

17 malt beverages and wine with nonappropriated funds for 

18 resale (including such alcoholic beverages sold by the 

19 drink) on a military installation located in the United 

20 States unless such malt beverages and wine are procured 

21 within that State, or in the case of the District of Colum22 bia, within the District of Columbia, in which the military 

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

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

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1 tion is located: Provided further, That such local procure2 ment requirements for malt beverages and wine shall 

3 apply to all alcoholic beverages only for military installa4 tions in States which are not contiguous with another 

5 State: Provided further, That alcoholic beverages other 

6 than wine and malt beverages, in contiguous States and 

7 the District of Columbia shall be procured from the most 

8 competitive source, price and other factors considered. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8066. Of the amounts appropriated in this Act 

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

12 $108,725,800 shall remain available until expended: Pro13 vided, That notwithstanding any other provision of law, 

14 the Secretary of Defense is authorized to transfer such 

15 funds to other activities of the Federal Government: Pro16 vided further, That the Secretary of Defense is authorized 

17 to enter into and carry out contracts for the acquisition 

18 of real property, construction, personal services, and oper19 ations related to projects carrying out the purposes of this 

20 section: Provided further, That contracts entered into 

21 under the authority of this section may provide for such 

22 indemnification as the Secretary determines to be nec23 essary: Provided further, That projects authorized by this 

24 section shall comply with applicable Federal, State, and 


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1 local law to the maximum extent consistent with the na2 tional security, as determined by the Secretary of Defense. 

3 SEC. 8067. Section 8106 of the Department of De4 fense Appropriations Act, 1997 (titles I through VIII of 

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

6 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con7 tinue in effect to apply to disbursements that are made 

8 by the Department of Defense in fiscal year 2014. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8068. During the current fiscal year, not to ex11 ceed $200,000,000 from funds available under ‘‘Operation 

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

13 the Department of State ‘‘Global Security Contingency 

14 Fund’’: Provided, That this transfer authority is in addi15 tion to any other transfer authority available to the De16 partment of Defense: Provided further, That the Secretary 

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

18 transfers to the Department of State ‘‘Global Security 

19 Contingency Fund’’, notify the congressional defense com20 mittees in writing with the source of funds and a detailed 

21 justification, execution plan, and timeline for each pro22 posed project. 

23 SEC. 8069. In addition to amounts provided else24 where in this Act, $4,000,000 (increased by $16,000,000) 

25 is hereby appropriated to the Department of Defense, to 


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1 remain available for obligation until expended: Provided, 

2 That notwithstanding any other provision of law, that 

3 upon the determination of the Secretary of Defense that 

4 it shall serve the national interest, these funds shall be 

5 available only for a grant to the Fisher House Foundation, 

6 Inc., only for the construction and furnishing of additional 

7 Fisher Houses to meet the needs of military family mem8 bers when confronted with the illness or hospitalization of 

9 an eligible military beneficiary. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8070. Of the amounts appropriated in this Act 

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

13 ‘‘Research, Development, Test and Evaluation, Defense14 Wide’’, $489,091,000 (increased by $15,000,000) shall be 

15 for the Israeli Cooperative Programs: Provided, That of 

16 this amount, $220,309,000 (increased by $15,000,000) 

17 shall be for the Secretary of Defense to provide to the Gov18 ernment of Israel for the procurement of the Iron Dome 

19 defense system to counter short-range rocket threats; 

20 $149,712,000 shall be for the Short Range Ballistic Mis21 sile Defense (SRBMD) program, including cruise missile 

22 defense research and development under the SRBMD pro23 gram, of which $15,000,000 shall be for production activi24 ties of SRBMD missiles in the United States and in Israel 

25 to meet Israel’s defense requirements consistent with each 


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1 nation’s laws, regulations, and procedures; $74,707,000 

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

3 Israeli Missile Defense Architecture, and $44,363,000 

4 shall be available for the Arrow System Improvement Pro5 gram including development of a long range, ground and 

6 airborne, detection suite: Provided further, That funds 

7 made available under this provision for production of mis8 siles and missile components may be transferred to appro9 priations available for the procurement of weapons and 

10 equipment, to be merged with and to be available for the 

11 same time period and the same purposes as the appropria12 tion to which transferred: Provided further, That the 

13 transfer authority provided under this provision is in addi14 tion to any other transfer authority provided in this Act. 

15 SEC. 8071. (a) None of the funds available to the 

16 Department of Defense may be obligated to modify com17 mand and control relationships to give Fleet Forces Com18 mand operational and administrative control of United 

19 States Navy forces assigned to the Pacific fleet. 

20 (b) None of the funds available to the Department 

21 of Defense may be obligated to modify command and con22 trol relationships to give United States Transportation 

23 Command operational and administrative control of C– 

24 130 and KC–135 forces assigned to the Pacific and Euro25 pean Air Force Commands. 


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1 (c) The command and control relationships in sub2 sections (a) and (b) which existed on March 13, 2011, 

3 shall remain in force unless changes are specifically au4 thorized in a subsequent Act. 

5 (d) This subsection does not apply to administrative 

6 control of Navy Air and Missile Defense Command. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 8072. Of the amounts appropriated in this Act 

9 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

10 $625,800,000 shall be available until September 30, 2014, 

11 to fund prior year shipbuilding cost increases: Provided, 

12 That upon enactment of this Act, the Secretary of the 

13 Navy shall transfer funds to the following appropriations 

14 in the amounts specified: Provided further, That the 

15 amounts transferred shall be merged with and be available 

16 for the same purposes as the appropriations to which 

17 transferred to: 

18 (1) Under the heading ‘‘Shipbuilding and Con19 version, Navy, 2007/2014’’: LHA Replacement Pro20 gram $37,700,000; and 

21 (2) Under the heading ‘‘Shipbuilding and Con22 version, Navy, 2008/2014’’: Carrier Replacement 

23 Program $588,100,000. 

24 SEC. 8073. Funds appropriated by this Act, or made 

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1 ligence activities are deemed to be specifically authorized 

2 by the Congress for purposes of section 504 of the Na3 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

4 year 2014 until the enactment of the Intelligence Author5 ization Act for Fiscal Year 2014. 

6 SEC. 8074. None of the funds provided in this Act 

7 shall be available for obligation or expenditure through a 

8 reprogramming of funds that creates or initiates a new 

9 program, project, or activity unless such program, project, 

10 or activity must be undertaken immediately in the interest 

11 of national security and only after written prior notifica12 tion to the congressional defense committees. 

13 SEC. 8075. The budget of the President for fiscal 

14 year 2015 submitted to the Congress pursuant to section 

15 1105 of title 31, United States Code, shall include sepa16 rate budget justification documents for costs of United 

17 States Armed Forces’ participation in contingency oper18 ations for the Military Personnel accounts, the Operation 

19 and Maintenance accounts, and the Procurement ac20 counts: Provided, That these documents shall include a de21 scription of the funding requested for each contingency op22 eration, for each military service, to include all Active and 

23 Reserve components, and for each appropriations account: 

24 Provided further, That these documents shall include esti25 mated costs for each element of expense or object class, 


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1 a reconciliation of increases and decreases for each contin2 gency operation, and programmatic data including, but 

3 not limited to, troop strength for each Active and Reserve 

4 component, and estimates of the major weapons systems 

5 deployed in support of each contingency: Provided further, 

6 That these documents shall include budget exhibits OP– 

7 5 and OP–32 (as defined in the Department of Defense 

8 Financial Management Regulation) for all contingency op9 erations for the budget year and the two preceding fiscal 

10 years. 

11 SEC. 8076. None of the funds in this Act may be 

12 used for research, development, test, evaluation, procure13 ment, or deployment of nuclear armed interceptors of a 

14 missile defense system. 

15 SEC. 8077. In addition to the amounts appropriated 

16 or otherwise made available elsewhere in this Act, 

17 $44,000,000 is hereby appropriated to the Department of 

18 Defense: Provided, That upon the determination of the 

19 Secretary of Defense that it shall serve the national inter20 est, he shall make grants in the amounts specified as fol21 lows: $20,000,000 to the United Service Organizations 

22 and $24,000,000 to the Red Cross. 

23 SEC. 8078. None of the funds appropriated or made 

24 available in this Act shall be used to reduce or disestablish 

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1 ron of the Air Force Reserve, if such action would reduce 

2 the WC–130 Weather Reconnaissance mission below the 

3 levels funded in this Act: Provided, That the Air Force 

4 shall allow the 53rd Weather Reconnaissance Squadron to 

5 perform other missions in support of national defense re6 quirements during the non-hurricane season. 

7 SEC. 8079. None of the funds provided in this Act 

8 shall be available for integration of foreign intelligence in9 formation unless the information has been lawfully col10 lected and processed during the conduct of authorized for11 eign intelligence activities: Provided, That information 

12 pertaining to United States persons shall only be handled 

13 in accordance with protections provided in the Fourth 

14 Amendment of the United States Constitution as imple15 mented through Executive Order No. 12333. 

16 SEC. 8080. (a) At the time members of reserve com17 ponents of the Armed Forces are called or ordered to ac18 tive duty under section 12302(a) of title 10, United States 

19 Code, each member shall be notified in writing of the ex20 pected period during which the member will be mobilized. 

21 (b) The Secretary of Defense may waive the require22 ments of subsection (a) in any case in which the Secretary 

23 determines that it is necessary to do so to respond to a 

24 national security emergency or to meet dire operational 

25 requirements of the Armed Forces. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8081. The Secretary of Defense may transfer 

3 funds from any available Department of the Navy appro4 priation to any available Navy ship construction appro5 priation for the purpose of liquidating necessary changes 

6 resulting from inflation, market fluctuations, or rate ad7 justments for any ship construction program appropriated 

8 in law: Provided, That the Secretary may transfer not to 

9 exceed $100,000,000 under the authority provided by this 

10 section: Provided further, That the Secretary may not 

11 transfer any funds until 30 days after the proposed trans12 fer has been reported to the Committees on Appropria13 tions of the House of Representatives and the Senate, un14 less a response from the Committees is received sooner: 

15 Provided further, That any funds transferred pursuant to 

16 this section shall retain the same period of availability as 

17 when originally appropriated: Provided further, That the 

18 transfer authority provided by this section is in addition 

19 to any other transfer authority provided elsewhere in this 

20 Act. 

21 SEC. 8082. For purposes of section 7108 of title 41, 

22 United States Code, any subdivision of appropriations 

23 made under the heading ‘‘Shipbuilding and Conversion, 

24 Navy’’ that is not closed at the time reimbursement is 

25 made shall be available to reimburse the Judgment Fund 


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1 and shall be considered for the same purposes as any sub2 division under the heading ‘‘Shipbuilding and Conversion, 

3 Navy’’ appropriations in the current fiscal year or any 

4 prior fiscal year. 

5 SEC. 8083. (a) None of the funds appropriated by 

6 this Act may be used to transfer research and develop7 ment, acquisition, or other program authority relating to 

8 current tactical unmanned aerial vehicles (TUAVs) from 

9 the Army. 

10 (b) The Army shall retain responsibility for and oper11 ational control of the MQ–1C Gray Eagle Unmanned Aer12 ial Vehicle (UAV) in order to support the Secretary of De13 fense in matters relating to the employment of unmanned 

14 aerial vehicles. 

15 SEC. 8084. Up to $15,000,000 of the funds appro16 priated under the heading ‘‘Operation and Maintenance, 

17 Navy’’ may be made available for the Asia Pacific Re18 gional Initiative Program for the purpose of enabling the 

19 Pacific Command to execute Theater Security Cooperation 

20 activities such as humanitarian assistance, and payment 

21 of incremental and personnel costs of training and exer22 cising with foreign security forces: Provided, That funds 

23 made available for this purpose may be used, notwith24 standing any other funding authorities for humanitarian 

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1 penses: Provided further, That funds may not be obligated 

2 to provide assistance to any foreign country that is other3 wise prohibited from receiving such type of assistance 

4 under any other provision of law. 

5 SEC. 8085. None of the funds appropriated by this 

6 Act for programs of the Office of the Director of National 

7 Intelligence shall remain available for obligation beyond 

8 the current fiscal year, except for funds appropriated for 

9 research and technology, which shall remain available until 

10 September 30, 2015. 

11 SEC. 8086. For purposes of section 1553(b) of title 

12 31, United States Code, any subdivision of appropriations 

13 made in this Act under the heading ‘‘Shipbuilding and 

14 Conversion, Navy’’ shall be considered to be for the same 

15 purpose as any subdivision under the heading ‘‘Ship16 building and Conversion, Navy’’ appropriations in any 

17 prior fiscal year, and the 1 percent limitation shall apply 

18 to the total amount of the appropriation. 

19 SEC. 8087. (a) Not later than 60 days after the date 

20 of enactment of this Act, the Director of National Intel21 ligence shall submit a report to the congressional intel22 ligence committees to establish the baseline for application 

23 of reprogramming and transfer authorities for fiscal year 

24 2014: Provided, That the report shall include— 


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1 (1) a table for each appropriation with a sepa2 rate column to display the President’s budget re3 quest, adjustments made by Congress, adjustments 

4 due to enacted rescissions, if appropriate, and the 

5 fiscal year enacted level; 

6 (2) a delineation in the table for each appro7 priation by Expenditure Center and project; and 

8 (3) an identification of items of special congres9 sional interest. 

10 (b) None of the funds provided for the National Intel11 ligence Program in this Act shall be available for re12 programming or transfer until the report identified in sub13 section (a) is submitted to the congressional intelligence 

14 committees, unless the Director of National Intelligence 

15 certifies in writing to the congressional intelligence com16 mittees that such reprogramming or transfer is necessary 

17 as an emergency requirement. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8088. Of the funds appropriated in the Intel20 ligence Community Management Account for the Program 

21 Manager for the Information Sharing Environment, 

22 $20,000,000 is available for transfer by the Director of 

23 National Intelligence to other departments and agencies 

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1 sion are to be merged with and available for the same pur2 poses and time period as the appropriation to which trans3 ferred: Provided further, That the Office of Management 

4 and Budget must approve any transfers made under this 

5 provision. 

6 SEC. 8089. (a) None of the funds provided for the 

7 National Intelligence Program in this or any prior appro8 priations Act shall be available for obligation or expendi9 ture through a reprogramming or transfer of funds in ac10 cordance with section 102A(d) of the National Security 

11 Act of 1947 (50 U.S.C. 3024(d)) that— 

12 (1) creates a new start effort; 

13 (2) terminates a program with appropriated 

14 funding of $10,000,000 or more; 

15 (3) transfers funding into or out of the Na16 tional Intelligence Program; or 

17 (4) transfers funding between appropriations, 

18 unless the congressional intelligence committees are noti19 fied 30 days in advance of such reprogramming of funds; 

20 this notification period may be reduced for urgent national 

21 security requirements. 

22 (b) None of the funds provided for the National Intel23 ligence Program in this or any prior appropriations Act 

24 shall be available for obligation or expenditure through a 

25 reprogramming or transfer of funds in accordance with 


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1 section 102A(d) of the National Security Act of 1947 (50 

2 U.S.C. 3024(d)) that results in a cumulative increase or 

3 decrease of the levels specified in the classified annex ac4 companying this Act unless the congressional intelligence 

5 committees are notified 30 days in advance of such re6 programming of funds; this notification period may be re7 duced for urgent national security requirements. 

8 SEC. 8090. The Director of National Intelligence 

9 shall submit to Congress each year, at or about the time 

10 that the President’s budget is submitted to Congress that 

11 year under section 1105(a) of title 31, United States 

12 Code, a future-years intelligence program (including asso13 ciated annexes) reflecting the estimated expenditures and 

14 proposed appropriations included in that budget. Any such 

15 future-years intelligence program shall cover the fiscal 

16 year with respect to which the budget is submitted and 

17 at least the four succeeding fiscal years. 

18 SEC. 8091. For the purposes of this Act, the term 

19 ‘‘congressional intelligence committees’’ means the Perma20 nent Select Committee on Intelligence of the House of 

21 Representatives, the Select Committee on Intelligence of 

22 the Senate, the Subcommittee on Defense of the Com23 mittee on Appropriations of the House of Representatives, 

24 and the Subcommittee on Defense of the Committee on 

25 Appropriations of the Senate. 


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1 SEC. 8092. The Department of Defense shall con2 tinue to report incremental contingency operations costs 

3 for Operation Enduring Freedom, or any other named op4 erations in the United States Central Command area of 

5 operation on a monthly basis in the Cost of War Execution 

6 Report as prescribed in the Department of Defense Finan7 cial Management Regulation Department of Defense In8 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

9 Operations’’, Annex 1, dated September 2005. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8093. During the current fiscal year, not to ex12 ceed $11,000,000 from each of the appropriations made 

13 in title II of this Act for ‘‘Operation and Maintenance, 

14 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper15 ation and Maintenance, Air Force’’ may be transferred by 

16 the military department concerned to its central fund es17 tablished for Fisher Houses and Suites pursuant to sec18 tion 2493(d) of title 10, United States Code. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8094. Funds appropriated by this Act may be 

21 available for the purpose of making remittances and trans22 fers to the Defense Acquisition Workforce Development 

23 Fund in accordance with the requirements of section 1705 

24 of title 10, United States Code. 


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1 SEC. 8095. (a) Any agency receiving funds made 

2 available in this Act, shall, subject to subsections (b) and 

3 (c), post on the public website of that agency any report 

4 required to be submitted by the Congress in this or any 

5 other Act, upon the determination by the head of the agen6 cy that it shall serve the national interest. 

7 (b) Subsection (a) shall not apply to a report if— 

8 (1) the public posting of the report com9 promises national security; or 

10 (2) the report contains proprietary information. 

11 (c) The head of the agency posting such report shall 

12 do so only after such report has been made available to 

13 the requesting Committee or Committees of Congress for 

14 no less than 45 days. 

15 SEC. 8096. (a) None of the funds appropriated or 

16 otherwise made available by this Act may be expended for 

17 any Federal contract for an amount in excess of 

18 $1,000,000, unless the contractor agrees not to— 

19 (1) enter into any agreement with any of its 

20 employees or independent contractors that requires, 

21 as a condition of employment, that the employee or 

22 independent contractor agree to resolve through ar23 bitration any claim under title VII of the Civil 

24 Rights Act of 1964 or any tort related to or arising 

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1 sault and battery, intentional infliction of emotional 

2 distress, false imprisonment, or negligent hiring, su3 pervision, or retention; or 

4 (2) take any action to enforce any provision of 

5 an existing agreement with an employee or inde6 pendent contractor that mandates that the employee 

7 or independent contractor resolve through arbitra8 tion any claim under title VII of the Civil Rights Act 

9 of 1964 or any tort related to or arising out of sex10 ual assault or harassment, including assault and 

11 battery, intentional infliction of emotional distress, 

12 false imprisonment, or negligent hiring, supervision, 

13 or retention. 

14 (b) None of the funds appropriated or otherwise 

15 made available by this Act may be expended for any Fed16 eral contract unless the contractor certifies that it requires 

17 each covered subcontractor to agree not to enter into, and 

18 not to take any action to enforce any provision of, any 

19 agreement as described in paragraphs (1) and (2) of sub20 section (a), with respect to any employee or independent 

21 contractor performing work related to such subcontract. 

22 For purposes of this subsection, a ‘‘covered subcon23 tractor’’ is an entity that has a subcontract in excess of 

24 $1,000,000 on a contract subject to subsection (a). 


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1 (c) The prohibitions in this section do not apply with 

2 respect to a contractor’s or subcontractor’s agreements 

3 with employees or independent contractors that may not 

4 be enforced in a court of the United States. 

5 (d) The Secretary of Defense may waive the applica6 tion of subsection (a) or (b) to a particular contractor or 

7 subcontractor for the purposes of a particular contract or 

8 subcontract if the Secretary or the Deputy Secretary per9 sonally determines that the waiver is necessary to avoid 

10 harm to national security interests of the United States, 

11 and that the term of the contract or subcontract is not 

12 longer than necessary to avoid such harm. The determina13 tion shall set forth with specificity the grounds for the 

14 waiver and for the contract or subcontract term selected, 

15 and shall state any alternatives considered in lieu of a 

16 waiver and the reasons each such alternative would not 

17 avoid harm to national security interests of the United 

18 States. The Secretary of Defense shall transmit to Con19 gress, and simultaneously make public, any determination 

20 under this subsection not less than 15 business days be21 fore the contract or subcontract addressed in the deter22 mination may be awarded. 

23 SEC. 8097. None of the funds made available under 

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1 nity Organizations for Reform Now (ACORN) or its sub2 sidiaries. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8098. From within the funds appropriated for 

5 operation and maintenance for the Defense Health Pro6 gram in this Act, up to $143,087,000, shall be available 

7 for transfer to the Joint Department of Defense-Depart8 ment of Veterans Affairs Medical Facility Demonstration 

9 Fund in accordance with the provisions of section 1704 

10 of the National Defense Authorization Act for Fiscal Year 

11 2010, Public Law 111–84: Provided, That for purposes 

12 of section 1704(b), the facility operations funded are oper13 ations of the integrated Captain James A. Lovell Federal 

14 Health Care Center, consisting of the North Chicago Vet15 erans Affairs Medical Center, the Navy Ambulatory Care 

16 Center, and supporting facilities designated as a combined 

17 Federal medical facility as described by section 706 of 

18 Public Law 110–417: Provided further, That additional 

19 funds may be transferred from funds appropriated for op20 eration and maintenance for the Defense Health Program 

21 to the Joint Department of Defense-Department of Vet22 erans Affairs Medical Facility Demonstration Fund upon 

23 written notification by the Secretary of Defense to the 

24 Committees on Appropriations of the House of Represent25 atives and the Senate. 


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1 SEC. 8099. The Office of the Director of National 

2 Intelligence shall not employ more Senior Executive em3 ployees than are specified in the classified annex. 

4 SEC. 8100. None of the funds appropriated or other5 wise made available by this Act may be obligated or ex6 pended to pay a retired general or flag officer to serve 

7 as a senior mentor advising the Department of Defense 

8 unless such retired officer files a Standard Form 278 (or 

9 successor form concerning public financial disclosure 

10 under part 2634 of title 5, Code of Federal Regulations) 

11 to the Office of Government Ethics. 

12 SEC. 8101. Appropriations available to the Depart13 ment of Defense may be used for the purchase of heavy 

14 and light armored vehicles for the physical security of per15 sonnel or for force protection purposes up to a limit of 

16 $250,000 per vehicle, notwithstanding price or other limi17 tations applicable to the purchase of passenger carrying 

18 vehicles. 

19 SEC. 8102. Of the amounts appropriated for ‘‘Oper20 ation and Maintenance, Defense-Wide’’ the following 

21 amounts shall be available to the Secretary of Defense, 

22 for the following authorized purposes, notwithstanding 

23 any other provision of law, acting through the Office of 

24 Economic Adjustment of the Department of Defense, to 

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1 plement other Federal funds, to remain available until ex2 pended, to support critical existing and enduring military 

3 installation and missions on Guam, as well as any poten4 tial Department of Defense growth: (1) $133,700,000 for 

5 addressing the need for civilian water and wastewater im6 provements, and (2) $12,868,000 for construction of a re7 gional public health laboratory: Provided, That the Sec8 retary of Defense shall, not fewer than 15 days prior to 

9 obligating funds for either of the forgoing purposes, notify 

10 the congressional defense committees in writing of the de11 tails of any such obligation. 

12 SEC. 8103. None of the funds made available by this 

13 Act may be used by the Secretary of Defense to take bene14 ficial occupancy of more than 2,500 parking spaces (other 

15 than handicap-reserved spaces) to be provided by the 

16 BRAC 133 project: Provided, That this limitation may be 

17 waived in part if: (1) the Secretary of Defense certifies 

18 to Congress that levels of service at existing intersections 

19 in the vicinity of the project have not experienced failing 

20 levels of service as defined by the Transportation Research 

21 Board Highway Capacity Manual over a consecutive 90- 

22 day period; (2) the Department of Defense and the Vir23 ginia Department of Transportation agree on the number 

24 of additional parking spaces that may be made available 

25 to employees of the facility subject to continued 90-day 


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1 traffic monitoring; and (3) the Secretary of Defense noti2 fies the congressional defense committees in writing at 

3 least 14 days prior to exercising this waiver of the number 

4 of additional parking spaces to be made available. 

5 SEC. 8104. The Secretary of Defense shall report 

6 quarterly the numbers of civilian personnel end strength 

7 by appropriation account for each and every appropriation 

8 account used to finance Federal civilian personnel salaries 

9 to the congressional defense committees within 15 days 

10 after the end of each fiscal quarter. 

11 SEC. 8105. (a) None of the funds made available in 

12 this or any other Act may be used to study alternatives, 

13 plan, prepare, or otherwise take any action to— 

14 (1) separate the budget, accounts, or disburse15 ment system for the National Intelligence Program 

16 from the budget, accounts, or disbursement system 

17 for the Department of Defense; or 

18 (2) consolidate the budget, accounts, or dis19 bursement system for the National Intelligence Pro20 gram within the budget, accounts, or disbursement 

21 system for the Department of Defense. 

22 (b) The activities prohibited under subsection (a) in23 clude— 

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1 tions account structures as in effect on the date of 

2 the enactment of this Act for any Department of 

3 Defense account containing funds for the National 

4 Intelligence Program; 

5 (2) the establishment of a new appropriations 

6 account for part or all of the National Intelligence 

7 Program; 

8 (3) the study or implementation of a funds dis9 bursement system for the Office of the Director of 

10 National Intelligence; and 

11 (4) any other action to study, prepare, or sub12 mit a budget request to Congress that includes any 

13 modifications prohibited by this section. 

14 (c) In this section: 

15 (1) The term ‘‘account’’ includes an appropria16 tions account. 

17 (2) The term ‘‘disbursement system’’ includes 

18 any system with accounting, cost accrual, fund dis19 tribution, or disbursement functions. 

20 (3) The term ‘‘National Intelligence Program’’ 

21 has the meaning given the term in section 3 of the 

22 National Security Act of 1947 (50 U.S.C. 3003). 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 8106. Upon a determination by the Director of 

25 National Intelligence that such action is necessary and in 


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1 the national interest, the Director may, with the approval 

2 of the Office of Management and Budget, transfer not to 

3 exceed $2,000,000,000 of the funds made available in this 

4 Act for the National Intelligence Program: Provided, That 

5 such authority to transfer may not be used unless for 

6 higher priority items, based on unforeseen intelligence re7 quirements, than those for which originally appropriated 

8 and in no case where the item for which funds are re9 quested has been denied by the Congress: Provided further, 

10 That a request for multiple reprogrammings of funds 

11 using authority provided in this section shall be made 

12 prior to June 30, 2014. 

13 SEC. 8107. None of the funds appropriated or other14 wise made available in this or any other Act may be used 

15 to transfer, release, or assist in the transfer or release to 

16 or within the United States, its territories, or possessions 

17 Khalid Sheikh Mohammed or any other detainee who— 

18 (1) is not a United States citizen or a member 

19 of the Armed Forces of the United States; and 

20 (2) is or was held on or after June 24, 2009, 

21 at the United States Naval Station, Guanta ́namo 

22 Bay, Cuba, by the Department of Defense. 

23 SEC. 8108. (a)(1) Except as provided in paragraph 

24 (2) and subsection (d), none of the funds appropriated or 

25 otherwise made available in this or any other Act may be 


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1 used to transfer any individual detained at Guanta ́namo 

2 to the custody or control of the individual’s country of ori3 gin, any other foreign country, or any other foreign entity 

4 unless the Secretary of Defense submits to Congress the 

5 certification described in subsection (b) not later than 30 

6 days before the transfer of the individual. 

7 (2) Paragraph (1) shall not apply to any action taken 

8 by the Secretary to transfer any individual detained at 

9 Guanta ́namo to effectuate an order affecting the disposi10 tion of the individual that is issued by a court or com11 petent tribunal of the United States having lawful jurisdic12 tion (which the Secretary shall notify Congress of prompt13 ly after issuance). 

14 (b) A certification described in this subsection is a 

15 written certification made by the Secretary of Defense, 

16 with the concurrence of the Secretary of State, and in con17 sultation with the Director of National Intelligence, that— 

18 (1) the government of the foreign country or 

19 the recognized leadership of the foreign entity to 

20 which the individual detained at Guanta ́namo is to 

21 be transferred— 

22 (A) is not a designated state sponsor of 

23 terrorism or a designated foreign terrorist orga24 nization; 


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1 (B) maintains control over each detention 

2 facility in which the individual is to be detained 

3 if the individual is to be housed in a detention 

4 facility; 

5 (C) is not, as of the date of the certifi6 cation, facing a threat that is likely to substan7 tially affect its ability to exercise control over 

8 the individual; 

9 (D) has taken or agreed to take effective 

10 actions to ensure that the individual cannot 

11 take action to threaten the United States, its 

12 citizens, or its allies in the future; 

13 (E) has taken or agreed to take such ac14 tions as the Secretary of Defense determines 

15 are necessary to ensure that the individual can16 not engage or re-engage in any terrorist activ17 ity; and 

18 (F) has agreed to share with the United 

19 States any information that— 

20 (i) is related to the individual or any 

21 associates of the individual; and 

22 (ii) could affect the security of the 

23 United States, its citizens, or its allies; and 

24 (2) includes an assessment, in classified or un25 classified form, of the capacity, willingness, and past 


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1 practices (if applicable) of the foreign country or en2 tity in relation to the Secretary’s certifications. 

3 (c)(1) Except as provided in paragraph (2) and sub4 section (d), none of the funds appropriated or otherwise 

5 made available in this or any other Act may be used to 

6 transfer any individual detained at Guanta ́namo to the 

7 custody or control of the individual’s country of origin, any 

8 other foreign country, or any other foreign entity if there 

9 is a confirmed case of any individual who was detained 

10 at United States Naval Station, Guanta ́namo Bay, Cuba, 

11 at any time after September 11, 2001, who was trans12 ferred to such foreign country or entity and subsequently 

13 engaged in any terrorist activity. 

14 (2) Paragraph (1) shall not apply to any action taken 

15 by the Secretary to transfer any individual detained at 

16 Guanta ́namo to effectuate an order affecting the disposi17 tion of the individual that is issued by a court or com18 petent tribunal of the United States having lawful jurisdic19 tion (which the Secretary shall notify Congress of prompt20 ly after issuance). 

21 (d)(1) The Secretary of Defense may waive the appli22 cability to a detainee transfer of a certification require23 ment specified in subparagraph (D) or (E) of subsection 

24 (b)(1) or the prohibition in subsection (c), if the Secretary 

25 certifies the rest of the criteria required by subsection (b) 


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1 for transfers prohibited by (c) and, with the concurrence 

2 of the Secretary of State and in consultation with the Di3 rector of National Intelligence, determines that— 

4 (A) alternative actions will be taken to address 

5 the underlying purpose of the requirement or re6 quirements to be waived; 

7 (B) in the case of a waiver of subparagraph (D) 

8 or (E) of subsection (b)(1), it is not possible to cer9 tify that the risks addressed in the paragraph to be 

10 waived have been completely eliminated, but the ac11 tions to be taken under subparagraph (A) will sub12 stantially mitigate such risks with regard to the indi13 vidual to be transferred; 

14 (C) in the case of a waiver of subsection (c), the 

15 Secretary has considered any confirmed case in 

16 which an individual who was transferred to the 

17 country subsequently engaged in terrorist activity, 

18 and the actions to be taken under subparagraph (A) 

19 will substantially mitigate the risk of recidivism with 

20 regard to the individual to be transferred; and 

21 (D) the transfer is in the national security in22 terests of the United States. 

23 (2) Whenever the Secretary makes a determination 

24 under paragraph (1), the Secretary shall submit to the ap25 propriate committees of Congress, not later than 30 days 


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1 before the transfer of the individual concerned, the fol2 lowing: 

3 (A) A copy of the determination and the waiver 

4 concerned. 

5 (B) A statement of the basis for the determina6 tion, including— 

7 (i) an explanation why the transfer is in 

8 the national security interests of the United 

9 States; and 

10 (ii) in the case of a waiver of subparagraph 

11 (D) or (E) of subsection (b)(1), an explanation 

12 why it is not possible to certify that the risks 

13 addressed in the paragraph to be waived have 

14 been completely eliminated. 

15 (C) A summary of the alternative actions to be 

16 taken to address the underlying purpose of, and to 

17 mitigate the risks addressed in, the paragraph or 

18 subsection to be waived. 

19 (D) The assessment required by subsection 

20 (b)(2). 

21 (e) In assessing the risk that an individual detained 

22 at Guanta ́namo will engage in terrorist activity or other 

23 actions that could affect the security of the United States 

24 if released for the purpose of making a certification under 

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1 retary of Defense may give favorable consideration to any 

2 such individual— 

3 (1) who has substantially cooperated with 

4 United States intelligence and law enforcement au5 thorities, pursuant to a pre-trial agreement, while in 

6 the custody of or under the effective control of the 

7 Department of Defense; and 

8 (2) for whom agreements and effective mecha9 nisms are in place, to the extent relevant and nec10 essary, to provide for continued cooperation with 

11 United States intelligence and law enforcement au12 thorities. 

13 (f) In this section: 

14 (1) The term ‘‘appropriate committees of Con15 gress’’ means— 

16 (A) the Committee on Armed Services, the 

17 Committee on Appropriations, and the Select 

18 Committee on Intelligence of the Senate; and 

19 (B) the Committee on Armed Services, the 

20 Committee on Appropriations, and the Perma21 nent Select Committee on Intelligence of the 

22 House of Representatives. 

23 (2) The term ‘‘individual detained at 

24 Guanta ́namo’’ means any individual located at 


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1 United States Naval Station, Guanta ́namo Bay, 

2 Cuba, as of October 1, 2009, who— 

3 (A) is not a citizen of the United States or 

4 a member of the Armed Forces of the United 

5 States; and 

6 (B) is— 

7 (i) in the custody or under the control 

8 of the Department of Defense; or 

9 (ii) otherwise under detention at 

10 United States Naval Station, Guanta ́namo 

11 Bay, Cuba. 

12 (3) The term ‘‘foreign terrorist organization’’ 

13 means any organization so designated by the Sec14 retary of State under section 219 of the Immigra15 tion and Nationality Act (8 U.S.C. 1189). 

16 SEC. 8109. (a) None of the funds appropriated or 

17 otherwise made available in this or any other Act may be 

18 used to construct, acquire, or modify any facility in the 

19 United States, its territories, or possessions to house any 

20 individual described in subsection (c) for the purposes of 

21 detention or imprisonment in the custody or under the ef22 fective control of the Department of Defense. 

23 (b) The prohibition in subsection (a) shall not apply 

24 to any modification of facilities at United States Naval 

25 Station, Guanta ́namo Bay, Cuba. 


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1 (c) An individual described in this subsection is any 

2 individual who, as of June 24, 2009, is located at United 

3 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

4 (1) is not a citizen of the United States or a 

5 member of the Armed Forces of the United States; 

6 and 

7 (2) is— 

8 (A) in the custody or under the effective 

9 control of the Department of Defense; or 

10 (B) otherwise under detention at United 

11 States Naval Station, Guanta ́namo Bay, Cuba. 

12 SEC. 8110. None of the funds made available by this 

13 Act may be used to enter into a contract, memorandum 

14 of understanding, or cooperative agreement with, make a 

15 grant to, or provide a loan or loan guarantee to, any cor16 poration that any unpaid Federal tax liability has been 

17 assessed, for which all judicial and administrative rem18 edies have been exhausted or have lapsed, and that is not 

19 being paid in a timely manner pursuant to an agreement 

20 with the authority responsible for collecting the tax liabil21 ity, where the awarding agency is aware of the unpaid tax 

22 liability, unless the agency has considered suspension or 

23 debarment of the corporation and made a determination 

24 that this further action is not necessary to protect the in25 terests of the Government. 


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1 SEC. 8111. None of the funds made available by this 

2 Act may be used to enter into a contract, memorandum 

3 of understanding, or cooperative agreement with, make a 

4 grant to, or provide a loan or loan guarantee to, any cor5 poration that was convicted of a felony criminal violation 

6 under any Federal law within the preceding 24 months, 

7 where the awarding agency is aware of the conviction, un8 less the agency has considered suspension or debarment 

9 of the corporation and made a determination that this fur10 ther action is not necessary to protect the interests of the 

11 Government. 

12 SEC. 8112. None of the funds made available by this 

13 Act may be used in contravention of section 1590 or 1591 

14 of title 18, United States Code, or in contravention of the 

15 requirements of section 106(g) or (h) of the Trafficking 

16 Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 

17 (h)). 

18 SEC. 8113. None of the funds made available by this 

19 Act for International Military education and training, for20 eign military financing, excess defense article, assistance 

21 under section 1206 of the National Defense Authorization 

22 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

23 3456), issuance for direct commercial sales of military 

24 equipment, or peacekeeping operations for the countries 

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1 lic of the Congo, and Burma may be used to support any 

2 military training or operation that include child soldiers, 

3 as defined by the Child Soldiers Prevention Act of 2008 

4 (Public Law 110–457; 22 U.S.C. 2370c–1), and except 

5 if such assistance is otherwise permitted under section 404 

6 of the Child Soldiers Prevention Act of 2008. 

7 SEC. 8114. None of the funds made available by this 

8 Act may be used in contravention of the War Powers Res9 olution (50 U.S.C. 1541 et seq.). 

10 SEC. 8115. The Secretary of the Air Force shall obli11 gate and expend funds previously appropriated for the 

12 procurement of RQ–4B Global Hawk aircraft for the pur13 poses for which such funds were originally appropriated. 

14 SEC. 8116. The total amount available in the Act for 

15 pay for civilian personnel of the Department of Defense 

16 for fiscal year 2014 shall be the amount otherwise appro17 priated or made available by this Act for such pay reduced 

18 by $437,000,000. 

19 SEC. 8117. None of the funds made available by this 

20 Act may be used by the Department of Defense or any 

21 other Federal agency to lease or purchase new light duty 

22 vehicles, for any executive fleet, or for an agency’s fleet 

23 inventory, except in accordance with Presidential Memo24 randum-Federal Fleet Performance, dated May 24, 2011. 


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1 SEC. 8118. None of the funds made available by this 

2 Act may be used to enter into a contract with any person 

3 or other entity listed in the Excluded Parties List System 

4 (EPLS)/System for Award Management (SAM) as having 

5 been convicted of fraud against the Federal Government. 

6 SEC. 8119. (a) LIMITATION.—None of the funds 

7 made available by this Act for the Department of Defense 

8 may be used for the purchase of any equipment from 

9 Rosoboronexport until the Secretary of Defense certifies 

10 in writing to the congressional defense committees that, 

11 to the best of the Secretary’s knowledge— 

12 (1) Rosoboronexport is cooperating fully with 

13 the Defense Contract Audit Agency; 

14 (2) Rosoboronexport has not delivered S–300 

15 advanced anti-aircraft missiles to Syria; and 

16 (3) no new contracts have been signed between 

17 the Bashar al Assad regime in Syria and 

18 Rosoboronexport since January 1, 2013. 

19 (b) NATIONAL SECURITY WAIVER.— 

20 (1) IN GENERAL.—The Secretary of Defense 

21 may waive the limitation in subsection (a) if the Sec22 retary certifies that the waiver in order to purchase 

23 equipment from Rosoboronexport is in national secu24 rity interest of the United States. 


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1 (2) REPORT.—If the Secretary waives the limi2 tation in subsection (a) pursuant to paragraph (1), 

3 the Secretary shall submit to the congressional de4 fense committees, not later than 30 days before pur5 chasing equipment from Rosoboronexport pursuant 

6 to the waiver, a report on the waiver. The report 

7 shall be submitted in classified or unclassified form, 

8 at the election of the Secretary. The report shall in9 clude the following: 

10 (A) An explanation why it is in the na11 tional security interest of the United States to 

12 purchase equipment from Rosoboronexport. 

13 (B) An explanation why comparable equip14 ment cannot be purchased from another cor15 poration. 

16 (C) An assessment of the cooperation of 

17 Rosoboronexport with the Defense Contract 

18 Audit Agency. 

19 (D) An assessment of whether and how 

20 many S–300 advanced anti-aircraft missiles 

21 have been delivered to the Assad regime by 

22 Rosoboronexport. 

23 (E) A list of the contracts that 

24 Rosoboronexport has signed with the Assad re25 gime since January 1, 2013. 


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1 (c) REQUIREMENT FOR COMPETITIVELY BID CON2 TRACTS.—The Secretary of Defense shall award any con3 tract that will use United States funds for the procure4 ment of helicopters for the Afghan Security Forces using 

5 competitive procedures based on requirements developed 

6 by the Secretary of Defense. 

7 SEC. 8120. Section 8159(c) of the Department of De8 fense Appropriations Act, 2002 (division A of Public Law 

9 107–117, 10 U.S.C. 2401a note) is amended by striking 

10 paragraph (7). 

11 SEC. 8121. None of the funds made available in this 

12 Act may be used for the purchase or manufacture of a 

13 flag of the United States unless such flags are treated as 

14 covered items under section 2533a(b) of title 10, United 

15 States Code. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8122. In addition to amounts appropriated or 

18 otherwise made available elsewhere in this Act, 

19 $25,000,000 is hereby appropriated to the Department of 

20 Defense and made available for transfer to the Army, Air 

21 Force, Navy, and Marine Corps, for purposes of imple22 mentation of a Sexual Assault Special Victims Program: 

23 Provided, That funds transferred under this provision are 

24 to be merged with and available for the same purposes 

25 and time period as the appropriation to which transferred: 


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1 Provided further, That the transfer authority provided 

2 under this heading is in addition to any other transfer au3 thority provided elsewhere in this Act. 

4 SEC. 8123. None of the funds made available by this 

5 Act may be used in contravention of the amendments 

6 made to the Uniform Code of Military Justice in subtitle 

7 D of title V of the National Defense Authorization Act 

8 for Fiscal Year 2014 regarding the discharge or dismissal 

9 of a member of the Armed Forces convicted of certain sex10 related offenses, the required trial of such offenses by gen11 eral courts-martial, and the limitations imposed on con12 vening authority discretion regarding court-martial find13 ings and sentence. 

14 SEC. 8124. None of the funds appropriated in this, 

15 or any other Act, may be obligated or expended by the 

16 United States Government for the direct personal benefit 

17 of the President of Afghanistan. 

18 SEC. 8125. None of the funds made available by this 

19 Act may be used to eliminate or reduce funding for a pro20 gram, project or activity as proposed in the President’s 

21 budget request for fiscal year 2015 until such proposed 

22 change is subsequently enacted in an appropriation Act, 

23 or unless such change is made pursuant to the reprogram24 ming or transfer provisions of this Act. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8126. In addition to amounts provided else3 where in this Act for pay for military personnel, including 

4 Reserve and National Guard personnel, $580,000,000 is 

5 hereby appropriated to the Department of Defense and 

6 made available for transfer only to military personnel ac7 counts. 

8 TITLE IX 

9 OVERSEAS DEPLOYMENTS AND OTHER 

10 ACTIVITIES 

11 MILITARY PERSONNEL 

12 MILITARY PERSONNEL, ARMY

13 For an additional amount for ‘‘Military Personnel, 

14 Army’’, $6,703,006,000: Provided, That such amount is 

15 designated by the Congress for Overseas Contingency Op16 erations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 MILITARY PERSONNEL, NAVY

20 For an additional amount for ‘‘Military Personnel, 

21 Navy’’, $558,344,000: Provided, That such amount is des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

3 Marine Corps’’, $1,019,322,000: Provided, That such 

4 amount is designated by the Congress for Overseas Con5 tingency Operations/Global War on Terrorism pursuant to 

6 section 251(b)(2)(A)(ii) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 MILITARY PERSONNEL, AIR FORCE

9 For an additional amount for ‘‘Military Personnel, 

10 Air Force’’, $867,087,000: Provided, That such amount 

11 is designated by the Congress for Overseas Contingency 

12 Operations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 RESERVE PERSONNEL, ARMY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Army’’, $40,952,000: Provided, That such amount is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 RESERVE PERSONNEL, NAVY

23 For an additional amount for ‘‘Reserve Personnel, 

24 Navy’’, $20,238,000: Provided, That such amount is des25 ignated by the Congress for Overseas Contingency OperVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 ations/Global War on Terrorism pursuant to section 

2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 RESERVE PERSONNEL, MARINE CORPS

5 For an additional amount for ‘‘Reserve Personnel, 

6 Marine Corps’’, $15,134,000: Provided, That such amount 

7 is designated by the Congress for Overseas Contingency 

8 Operations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 RESERVE PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘Reserve Personnel, 

13 Air Force’’, $20,432,000: Provided, That such amount is 

14 designated by the Congress for Overseas Contingency Op15 erations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 NATIONAL GUARD PERSONNEL, ARMY

19 For an additional amount for ‘‘National Guard Per20 sonnel, Army’’, $393,364,000: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

23 section 251(b)(2)(A)(ii) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 


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1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘National Guard Per3 sonnel, Air Force’’, $6,919,000: Provided, That such 

4 amount is designated by the Congress for Overseas Con5 tingency Operations/Global War on Terrorism pursuant to 

6 section 251(b)(2)(A)(ii) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE 

9 OPERATION AND MAINTENANCE, ARMY

10 For an additional amount for ‘‘Operation and Main11 tenance, Army’’, $30,929,633,000: Provided, That such 

12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 

14 section 251(b)(2)(A)(ii) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 (INCLUDING TRANSFER OF FUNDS)

17 OPERATION AND MAINTENANCE, NAVY

18 For an additional amount for ‘‘Operation and Main19 tenance, Navy’’, $6,255,993,000, of which up to 

20 $227,033,000 may be transferred to the Coast Guard 

21 ‘‘Operating Expenses’’ account notwithstanding section 

22 2215 of title 10, United States Code: Provided, That such 

23 amount is designated by the Congress for Overseas Con24 tingency Operations/Global War on Terrorism pursuant to 


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1 section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Main5 tenance, Marine Corps’’, $2,669,815,000: Provided, That 

6 such amount is designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 OPERATION AND MAINTENANCE, AIR FORCE

11 For an additional amount for ‘‘Operation and Main12 tenance, Air Force’’, $10,605,224,000: Provided, That 

13 such amount is designated by the Congress for Overseas 

14 Contingency Operations/Global War on Terrorism pursu15 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

16 and Emergency Deficit Control Act of 1985. 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 For an additional amount for ‘‘Operation and Main19 tenance, Defense-Wide’’, $6,240,437,000 (increased by 

20 $5,000,000) (reduced by $5,000,000) (increased by 

21 $5,000,000) (increased by $1,000,000,000): Provided, 

22 That of the funds provided under this heading, not to ex23 ceed $1,500,000,000, to remain available until September 

24 30, 2015, shall be for payments to reimburse key cooper25 ating nations for logistical, military, and other support, 


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1 including access, provided to United States military oper2 ations in support of Operation Enduring Freedom, and 

3 post-operation Iraq border security related to the activities 

4 of the Office of Security Cooperation in Iraq, notwith5 standing any other provision of law: Provided further, That 

6 such reimbursement payments may be made in such 

7 amounts as the Secretary of Defense, with the concurrence 

8 of the Secretary of State, and in consultation with the Di9 rector of the Office of Management and Budget, may de10 termine, in his discretion, based on documentation deter11 mined by the Secretary of Defense to adequately account 

12 for the support provided, and such determination is final 

13 and conclusive upon the accounting officers of the United 

14 States, and 15 days following notification to the appro15 priate congressional committees: Provided further, That 

16 the requirement under this heading to provide notification 

17 to the appropriate congressional committees shall not 

18 apply with respect to a reimbursement for access based 

19 on an international agreement: Provided further, That 

20 these funds may be used for the purpose of providing spe21 cialized training and procuring supplies and specialized 

22 equipment and providing such supplies and loaning such 

23 equipment on a non-reimbursable basis to coalition forces 

24 supporting United States military operations in Afghani25 stan, and 15 days following notification to the appropriate 


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1 congressional committees: Provided further, That the Sec2 retary of Defense shall provide quarterly reports to the 

3 congressional defense committees on the use of funds pro4 vided in this paragraph: Provided further, That of the 

5 funds provided under this heading, $35,000,000 shall be 

6 made available for support for foreign forces participating 

7 in operations to counter the Lord’s Resistance Army ef8 forts: Provided further, That such amount in this section 

9 is designated by the Congress for Overseas Contingency 

10 Operations/Global War on Terrorism pursuant to section 

11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 OPERATION AND MAINTENANCE, ARMY RESERVE

14 For an additional amount for ‘‘Operation and Main15 tenance, Army Reserve’’, $42,935,000: Provided, That 

16 such amount is designated by the Congress for Overseas 

17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

19 and Emergency Deficit Control Act of 1985. 

20 OPERATION AND MAINTENANCE, NAVY RESERVE

21 For an additional amount for ‘‘Operation and Main22 tenance, Navy Reserve’’, $55,700,000: Provided, That 

23 such amount is designated by the Congress for Overseas 

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1 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

2 and Emergency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 RESERVE

5 For an additional amount for ‘‘Operation and Main6 tenance, Marine Corps Reserve’’, $12,534,000: Provided, 

7 That such amount is designated by the Congress for Over8 seas Contingency Operations/Global War on Terrorism 

9 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

10 Budget and Emergency Deficit Control Act of 1985. 

11 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

12 For an additional amount for ‘‘Operation and Main13 tenance, Air Force Reserve’’, $32,849,000: Provided, That 

14 such amount is designated by the Congress for Overseas 

15 Contingency Operations/Global War on Terrorism pursu16 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

17 and Emergency Deficit Control Act of 1985. 

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

20 For an additional amount for ‘‘Operation and Main21 tenance, Army National Guard’’, $199,371,000: Provided, 

22 That such amount is designated by the Congress for Over23 seas Contingency Operations/Global War on Terrorism 

24 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

25 Budget and Emergency Deficit Control Act of 1985. 


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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For an additional amount for ‘‘Operation and Main3 tenance, Air National Guard’’, $22,200,000: Provided, 

4 That such amount is designated by the Congress for Over5 seas Contingency Operations/Global War on Terrorism 

6 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

7 Budget and Emergency Deficit Control Act of 1985. 

8 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

9 (INCLUDING TRANSFER OF FUNDS)

10 In addition to amounts provided elsewhere in this 

11 Act, there is appropriated $1,073,800,000 for the ‘‘Over12 seas Contingency Operations Transfer Fund’’ for expenses 

13 directly relating to overseas contingency operations by 

14 United States military forces, to be available until ex15 pended: Provided, That of the funds made available in this 

16 section, the Secretary of Defense may transfer these funds 

17 only to military personnel accounts, operation and mainte18 nance accounts, procurement accounts, and working cap19 ital fund accounts: Provided further, That the funds made 

20 available in this paragraph may only be used for pro21 grams, projects, or activities categorized as Overseas Con22 tingency Operations in the fiscal year 2014 budget request 

23 for the Department of Defense and the justification mate24 rial and other documentation supporting such request: 

25 Provided further, That the funds transferred shall be 


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1 merged with and shall be available for the same purposes 

2 and for the same time period, as the appropriation to 

3 which transferred: Provided further, That the Secretary 

4 shall notify the congressional defense committees 15 days 

5 prior to such transfer: Provided further, That the transfer 

6 authority provided under this heading is in addition to any 

7 other transfer authority available to the Department of 

8 Defense: Provided further, That upon a determination that 

9 all or part of the funds transferred from this appropriation 

10 are not necessary for the purposes provided herein, such 

11 amounts may be transferred back to this appropriation 

12 and shall be available for the same purposes and for the 

13 same time period as originally appropriated: Provided fur14 ther, That such amount is designated by the Congress for 

15 Overseas Contingency Operations/Global War on Ter16 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 

18 AFGHANISTAN INFRASTRUCTURE FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For the ‘‘Afghanistan Infrastructure Fund’’, 

21 $279,000,000 (reduced by $79,000,000) (reduced by 

22 $139,000,000), to remain available until September 30, 

23 2015: Provided, That such funds shall be available to the 

24 Secretary of Defense for infrastructure projects in Af25 ghanistan, notwithstanding any other provision of law, 


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1 which shall be undertaken by the Secretary of State, un2 less the Secretary of State and the Secretary of Defense 

3 jointly decide that a specific project will be undertaken 

4 by the Department of Defense: Provided further, That the 

5 infrastructure referred to in the preceding proviso is in 

6 support of the counterinsurgency strategy, which may re7 quire funding for facility and infrastructure projects, in8 cluding, but not limited to, water, power, and transpor9 tation projects and related maintenance and sustainment 

10 costs: Provided further, That the authority to undertake 

11 such infrastructure projects is in addition to any other au12 thority to provide assistance to foreign nations: Provided 

13 further, That any projects funded under this heading shall 

14 be jointly formulated and concurred in by the Secretary 

15 of State and Secretary of Defense: Provided further, That 

16 funds may be transferred to the Department of State for 

17 purposes of undertaking projects, which funds shall be 

18 considered to be economic assistance under the Foreign 

19 Assistance Act of 1961 for purposes of making available 

20 the administrative authorities contained in that Act: Pro21 vided further, That the transfer authority in the preceding 

22 proviso is in addition to any other authority available to 

23 the Department of Defense to transfer funds: Provided 

24 further, That any unexpended funds transferred to the 

25 Secretary of State under this authority shall be returned 


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1 to the Afghanistan Infrastructure Fund if the Secretary 

2 of State, in coordination with the Secretary of Defense, 

3 determines that the project cannot be implemented for any 

4 reason, or that the project no longer supports the counter5 insurgency strategy in Afghanistan: Provided further, 

6 That any funds returned to the Secretary of Defense 

7 under the previous proviso shall be available for use under 

8 this appropriation and shall be treated in the same man9 ner as funds not transferred to the Secretary of State: 

10 Provided further, That contributions of funds for the pur11 poses provided herein to the Secretary of State in accord12 ance with section 635(d) of the Foreign Assistance Act 

13 from any person, foreign government, or international or14 ganization may be credited to this Fund, to remain avail15 able until expended, and used for such purposes: Provided 

16 further, That the Secretary of Defense shall, not fewer 

17 than 15 days prior to making transfers to or from, or obli18 gations from the Fund, notify the appropriate committees 

19 of Congress in writing of the details of any such transfer: 

20 Provided further, That the ‘‘appropriate committees of 

21 Congress’’ are the Committees on Armed Services, For22 eign Relations, and Appropriations of the Senate and the 

23 Committees on Armed Services, Foreign Affairs, and Ap24 propriations of the House of Representatives: Provided 

25 further, That such amount is designated by the Congress 


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1 for Overseas Contingency Operations/Global War on Ter2 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 

4 AFGHANISTAN SECURITY FORCES FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For the ‘‘Afghanistan Security Forces Fund’’, 

7 $7,726,720,000 (reduced by $38,000,000) (reduced by 

8 $19,000,000) (reduced by $27,500,000) (reduced by 

9 $60,000,000) (reduced by $553,800,000) (reduced by 

10 $2,600,000,000), to remain available until September 30, 

11 2015: Provided, That such funds shall be available to the 

12 Secretary of Defense, notwithstanding any other provision 

13 of law, for the purpose of allowing the Commander, Com14 bined Security Transition Command—Afghanistan, or the 

15 Secretary’s designee, to provide assistance, with the con16 currence of the Secretary of State, to the security forces 

17 of Afghanistan, including the provision of equipment, sup18 plies, services, training, facility and infrastructure repair, 

19 renovation, and construction, and funding: Provided fur20 ther, That the authority to provide assistance under this 

21 heading is in addition to any other authority to provide 

22 assistance to foreign nations: Provided further, That con23 tributions of funds for the purposes provided herein from 

24 any person, foreign government, or international organiza25 tion may be credited to this Fund, to remain available 


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1 until expended, and used for such purposes: Provided fur2 ther, That the Secretary of Defense shall notify the con3 gressional defense committees in writing upon the receipt 

4 and upon the obligation of any contribution, delineating 

5 the sources and amounts of the funds received and the 

6 specific use of such contributions: Provided further, That 

7 the Secretary of Defense shall, not fewer than 15 days 

8 prior to obligating from this appropriation account, notify 

9 the congressional defense committees in writing of the de10 tails of any such obligations: Provided further, That the 

11 Secretary of Defense shall notify the congressional defense 

12 committees of any proposed new projects or transfer of 

13 funds between budget sub-activity groups in excess of 

14 $20,000,000: Provided further, That the United States 

15 may accept equipment procured using funds provided 

16 under this heading in this or prior Acts that was trans17 ferred to the security forces of Afghanistan and returned 

18 by such forces to the United States: Provided further, That 

19 the equipment described in the previous proviso, as well 

20 as equipment not yet transferred to the security forces of 

21 Afghanistan when determined by the Commander, Com22 bined Security Transition Command-Afghanistan, or the 

23 Secretary’s designee, to no longer be required for transfer 

24 to such forces, may be treated as stocks of the Department 

25 of Defense upon written notification to the congressional 


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1 defense committees: Provided further, That of the funds 

2 provided under this heading, not less than $47,300,000 

3 shall be for recruitment and retention of women in the 

4 Afghanistan National Security Forces: Provided further, 

5 That such amount is designated by the Congress for Over6 seas Contingency Operations/Global War on Terrorism 

7 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

8 Budget and Emergency Deficit Control Act of 1985. 

9 PROCUREMENT 

10 AIRCRAFT PROCUREMENT, ARMY

11 For an additional amount for ‘‘Aircraft Procurement, 

12 Army’’, $771,788,000, to remain available until Sep13 tember 30, 2016: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 MISSILE PROCUREMENT, ARMY

19 For an additional amount for ‘‘Missile Procurement, 

20 Army’’, $154,532,000, to remain available until Sep21 tember 30, 2016: Provided, That such amount is des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For an additional amount for ‘‘Procurement of Weap4 ons and Tracked Combat Vehicles, Army’’, $15,422,000, 

5 to remain available until September 30, 2015: Provided, 

6 That such amount is designated by the Congress for Over7 seas Contingency Operations/Global War on Terrorism 

8 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

9 Budget and Emergency Deficit Control Act of 1985. 

10 PROCUREMENT OF AMMUNITION, ARMY

11 For an additional amount for ‘‘Procurement of Am12 munition, Army’’, $190,382,000, to remain available until 

13 September 30, 2016: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 OTHER PROCUREMENT, ARMY

19 For an additional amount for ‘‘Other Procurement, 

20 Army’’, $909,825,000, to remain available until Sep21 tember 30, 2016: Provided, That such amount is des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $240,696,000, to remain available until September 

4 30, 2016: Provided, That such amount is designated by 

5 the Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 WEAPONS PROCUREMENT, NAVY

10 For an additional amount for ‘‘Weapons Procure11 ment, Navy’’, $86,500,000, to remain available until Sep12 tember 30, 2016: Provided, That such amount is des13 ignated by the Congress for Overseas Contingency Oper14 ations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

18 CORPS

19 For an additional amount for ‘‘Procurement of Am20 munition, Navy and Marine Corps’’, $169,362,000, to re21 main available until September 30, 2016: Provided, That 

22 such amount is designated by the Congress for Overseas 

23 Contingency Operations/Global War on Terrorism pursu24 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

25 and Emergency Deficit Control Act of 1985. 


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1 OTHER PROCUREMENT, NAVY

2 For an additional amount for ‘‘Other Procurement, 

3 Navy’’, $17,968,000, to remain available until September 

4 30, 2016: Provided, That such amount is designated by 

5 the Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 PROCUREMENT, MARINE CORPS

10 For an additional amount for ‘‘Procurement, Marine 

11 Corps’’, $125,984,000, to remain available until Sep12 tember 30, 2016: Provided, That such amount is des13 ignated by the Congress for Overseas Contingency Oper14 ations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 AIRCRAFT PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Aircraft Procurement, 

19 Air Force’’, $188,868,000, to remain available until Sep20 tember 30, 2016: Provided, That such amount is des21 ignated by the Congress for Overseas Contingency Oper22 ations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


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1 MISSILE PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Missile Procurement, 

3 Air Force’’, $24,200,000, to remain available until Sep4 tember 30, 2016: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 PROCUREMENT OF AMMUNITION, AIR FORCE

10 For an additional amount for ‘‘Procurement of Am11 munition, Air Force’’, $137,826,000, to remain available 

12 until September 30, 2016: Provided, That such amount 

13 is designated by the Congress for Overseas Contingency 

14 Operations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 OTHER PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Other Procurement, 

19 Air Force’’, $2,524,846,000, to remain available until 

20 September 30, 2016: Provided, That such amount is des21 ignated by the Congress for Overseas Contingency Oper22 ations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


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1 PROCUREMENT, DEFENSE-WIDE

2 For an additional amount for ‘‘Procurement, De3 fense-Wide’’, $128,947,000, to remain available until Sep4 tember 30, 2016: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 NATIONAL GUARD AND RESERVE EQUIPMENT

10 For procurement of aircraft, missiles, tracked combat 

11 vehicles, ammunition, other weapons and other procure12 ment for the reserve components of the Armed Forces, 

13 $1,500,000,000, to remain available for obligation until 

14 September 30, 2016: Provided, That the Chiefs of Na15 tional Guard and Reserve components shall, not later than 

16 30 days after the enactment of this Act, individually sub17 mit to the congressional defense committees the mod18 ernization priority assessment for their respective Na19 tional Guard or Reserve component: Provided further, 

20 That such amount is designated by the Congress for Over21 seas Contingency Operations/Global War on Terrorism 

22 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

23 Budget and Emergency Deficit Control Act of 1985. 


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1 RESEARCH, DEVELOPMENT, TEST, AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 ARMY

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Army’’, $7,000,000, to remain 

7 available until September 30, 2015: Provided, That such 

8 amount is designated by the Congress for Overseas Con9 tingency Operations/Global War on Terrorism pursuant to 

10 section 251(b)(2)(A)(ii) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 NAVY

14 For an additional amount for ‘‘Research, Develop15 ment, Test and Evaluation, Navy’’, $34,426,000, to re16 main available until September 30, 2015: Provided, That 

17 such amount is designated by the Congress for Overseas 

18 Contingency Operations/Global War on Terrorism pursu19 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

20 and Emergency Deficit Control Act of 1985. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

22 AIR FORCE

23 For an additional amount for ‘‘Research, Develop24 ment, Test and Evaluation, Air Force’’, $9,000,000, to re25 main available until September 30, 2015: Provided, That 


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1 such amount is designated by the Congress for Overseas 

2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

4 and Emergency Deficit Control Act of 1985. 

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

6 DEFENSE-WIDE

7 For an additional amount for ‘‘Research, Develop8 ment, Test and Evaluation, Defense-Wide’’, $66,208,000, 

9 to remain available until September 30, 2015: Provided, 

10 That such amount is designated by the Congress for Over11 seas Contingency Operations/Global War on Terrorism 

12 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

13 Budget and Emergency Deficit Control Act of 1985. 

14 REVOLVING AND MANAGEMENT FUNDS 

15 DEFENSE WORKING CAPITAL FUNDS

16 For an additional amount for ‘‘Defense Working 

17 Capital Funds’’, $264,910,000: Provided, That such 

18 amount is designated by the Congress for Overseas Con19 tingency Operations/Global War on Terrorism pursuant to 

20 section 251(b)(2)(A)(ii) of the Balanced Budget and 

21 Emergency Deficit Control Act of 1985. 

22 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

23 DEFENSE HEALTH PROGRAM

24 For an additional amount for ‘‘Defense Health Pro25 gram’’, $904,201,000 (increased by $10,000,000) (inVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 creased by $5,000,000) (increased by $14,000,000), which 

2 shall be for operation and maintenance: Provided, That 

3 such amount is designated by the Congress for Overseas 

4 Contingency Operations/Global War on Terrorism pursu5 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

6 and Emergency Deficit Control Act of 1985. 

7 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

8 DEFENSE

9 For an additional amount for ‘‘Drug Interdiction and 

10 Counter-Drug Activities, Defense’’, $376,305,000, to re11 main available until September 30, 2015: Provided, That 

12 such amount is designated by the Congress for Overseas 

13 Contingency Operations/Global War on Terrorism pursu14 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

15 and Emergency Deficit Control Act of 1985. 

16 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For the ‘‘Joint Improvised Explosive Device Defeat 

19 Fund’’, $1,000,000,000, to remain available until Sep20 tember 30, 2016: Provided, That such funds shall be avail21 able to the Secretary of Defense, notwithstanding any 

22 other provision of law, for the purpose of allowing the Di23 rector of the Joint Improvised Explosive Device Defeat 

24 Organization to investigate, develop and provide equip25 ment, supplies, services, training, facilities, personnel and 


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1 funds to assist United States forces in the defeat of impro2 vised explosive devices: Provided further, That the Sec3 retary of Defense may transfer funds provided herein to 

4 appropriations for military personnel; operation and main5 tenance; procurement; research, development, test and 

6 evaluation; and defense working capital funds to accom7 plish the purpose provided herein: Provided further, That 

8 this transfer authority is in addition to any other transfer 

9 authority available to the Department of Defense: Pro10 vided further, That the Secretary of Defense shall, not 

11 fewer than 15 days prior to making transfers from this 

12 appropriation, notify the congressional defense committees 

13 in writing of the details of any such transfer: Provided 

14 further, That such amount is designated by the Congress 

15 for Overseas Contingency Operations/Global War on Ter16 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 

18 OFFICE OF THE INSPECTOR GENERAL

19 For an additional amount for the ‘‘Office of the In20 spector General’’, $10,766,000: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

23 section 251(b)(2)(A)(ii) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 


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1 GENERAL PROVISIONS—THIS TITLE 

2 SEC. 9001. Notwithstanding any other provision of 

3 law, funds made available in this title are in addition to 

4 amounts appropriated or otherwise made available for the 

5 Department of Defense for fiscal year 2014. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 9002. Upon the determination of the Secretary 

8 of Defense that such action is necessary in the national 

9 interest, the Secretary may, with the approval of the Of10 fice of Management and Budget, transfer up to 

11 $4,000,000,000 between the appropriations or funds made 

12 available to the Department of Defense in this title: Pro13 vided, That the Secretary shall notify the Congress 

14 promptly of each transfer made pursuant to the authority 

15 in this section: Provided further, That the authority pro16 vided in this section is in addition to any other transfer 

17 authority available to the Department of Defense and is 

18 subject to the same terms and conditions as the authority 

19 provided in the Department of Defense Appropriations 

20 Act, 2014. 

21 SEC. 9003. Supervision and administration costs and 

22 costs for design during construction associated with a con23 struction project funded with appropriations available for 

24 operation and maintenance, ‘‘Afghanistan Infrastructure 

25 Fund’’, or the ‘‘Afghanistan Security Forces Fund’’ proVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 vided in this Act and executed in direct support of over2 seas contingency operations in Afghanistan, may be obli3 gated at the time a construction contract is awarded: Pro4 vided, That for the purpose of this section, supervision and 

5 administration costs and costs for design during construc6 tion include all in-house Government costs. 

7 SEC. 9004. From funds made available in this title, 

8 the Secretary of Defense may purchase for use by military 

9 and civilian employees of the Department of Defense in 

10 the United States Central Command area of responsi11 bility: (1) passenger motor vehicles up to a limit of 

12 $75,000 per vehicle; and (2) heavy and light armored vehi13 cles for the physical security of personnel or for force pro14 tection purposes up to a limit of $250,000 per vehicle, not15 withstanding price or other limitations applicable to the 

16 purchase of passenger carrying vehicles. 

17 SEC. 9005. Not to exceed $60,000,000 of the amount 

18 appropriated by this Act under the heading ‘‘Operation 

19 and Maintenance, Army’’ may be used, notwithstanding 

20 any other provision of law, to fund the Commander’s 

21 Emergency Response Program (CERP), for the purpose 

22 of enabling military commanders in Afghanistan to re23 spond to urgent, small-scale, humanitarian relief and re24 construction requirements within their areas of responsi25 bility: Provided, That each project (including any ancillary 


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1 or related elements in connection with such project) exe2 cuted under this authority shall not exceed $20,000,000: 

3 Provided further, That not later than 45 days after the 

4 end of each fiscal year quarter, the Secretary of Defense 

5 shall submit to the congressional defense committees a re6 port regarding the source of funds and the allocation and 

7 use of funds during that quarter that were made available 

8 pursuant to the authority provided in this section or under 

9 any other provision of law for the purposes described here10 in: Provided further, That, not later than 30 days after 

11 the end of each month, the Army shall submit to the con12 gressional defense committees monthly commitment, obli13 gation, and expenditure data for the Commander’s Emer14 gency Response Program in Afghanistan: Provided fur15 ther, That not less than 15 days before making funds 

16 available pursuant to the authority provided in this section 

17 or under any other provision of law for the purposes de18 scribed herein for a project with a total anticipated cost 

19 for completion of $5,000,000 or more, the Secretary shall 

20 submit to the congressional defense committees a written 

21 notice containing each of the following: 

22 (1) The location, nature and purpose of the 

23 proposed project, including how the project is in24 tended to advance the military campaign plan for 

25 the country in which it is to be carried out. 


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1 (2) The budget, implementation timeline with 

2 milestones, and completion date for the proposed 

3 project, including any other CERP funding that has 

4 been or is anticipated to be contributed to the com5 pletion of the project. 

6 (3) A plan for the sustainment of the proposed 

7 project, including the agreement with either the host 

8 nation, a non-Department of Defense agency of the 

9 United States Government or a third-party contrib10 utor to finance the sustainment of the activities and 

11 maintenance of any equipment or facilities to be pro12 vided through the proposed project. 

13 SEC. 9006. Funds available to the Department of De14 fense for operation and maintenance may be used, not15 withstanding any other provision of law, to provide sup16 plies, services, transportation, including airlift and sealift, 

17 and other logistical support to coalition forces supporting 

18 military and stability operations in Afghanistan: Provided, 

19 That the Secretary of Defense shall provide quarterly re20 ports to the congressional defense committees regarding 

21 support provided under this section. 

22 SEC. 9007. None of the funds appropriated or other23 wise made available by this or any other Act shall be obli24 gated or expended by the United States Government for 

25 a purpose as follows: 


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1 (1) To establish any military installation or 

2 base for the purpose of providing for the permanent 

3 stationing of United States Armed Forces in Iraq. 

4 (2) To exercise United States control over any 

5 oil resource of Iraq. 

6 (3) To establish any military installation or 

7 base for the purpose of providing for the permanent 

8 stationing of United States Armed Forces in Af9 ghanistan. 

10 SEC. 9008. None of the funds made available in this 

11 Act may be used in contravention of the following laws 

12 enacted or regulations promulgated to implement the 

13 United Nations Convention Against Torture and Other 

14 Cruel, Inhuman or Degrading Treatment or Punishment 

15 (done at New York on December 10, 1984): 

16 (1) Section 2340A of title 18, United States 

17 Code. 

18 (2) Section 2242 of the Foreign Affairs Reform 

19 and Restructuring Act of 1998 (division G of Public 

20 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

21 note) and regulations prescribed thereto, including 

22 regulations under part 208 of title 8, Code of Fed23 eral Regulations, and part 95 of title 22, Code of 

24 Federal Regulations. 


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1 (3) Sections 1002 and 1003 of the Department 

2 of Defense, Emergency Supplemental Appropriations 

3 to Address Hurricanes in the Gulf of Mexico, and 

4 Pandemic Influenza Act, 2006 (Public Law 109– 

5 148). 

6 SEC. 9009. None of the funds provided for the ‘‘Af7 ghanistan Security Forces Fund’’ (ASFF) may be obli8 gated prior to the approval of a financial and activity plan 

9 by the Afghanistan Resources Oversight Council (AROC) 

10 of the Department of Defense: Provided, That the AROC 

11 must approve the requirement and acquisition plan for any 

12 service requirements in excess of $50,000,000 annually 

13 and any non-standard equipment requirements in excess 

14 of $100,000,000 using ASFF: Provided further, That the 

15 AROC must approve all projects and the execution plan 

16 under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and 

17 any project in excess of $5,000,000 from the Commanders 

18 Emergency Response Program (CERP): Provided further, 

19 That the Department of Defense must certify to the con20 gressional defense committees that the AROC has con21 vened and approved a process for ensuring compliance 

22 with the requirements in the preceding provisos and ac23 companying report language for the ASFF, AIF, and 

24 CERP. 


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1 SEC. 9010. Funds made available in this title to the 

2 Department of Defense for operation and maintenance 

3 may be used to purchase items having an investment unit 

4 cost of not more than $250,000: Provided, That, upon de5 termination by the Secretary of Defense that such action 

6 is necessary to meet the operational requirements of a 

7 Commander of a Combatant Command engaged in contin8 gency operations overseas, such funds may be used to pur9 chase items having an investment item unit cost of not 

10 more than $500,000. 

11 SEC. 9011. Notwithstanding any other provision of 

12 law, up to $63,800,000 of funds made available in this 

13 title under the heading ‘‘Operation and Maintenance, 

14 Army’’ may be obligated and expended for purposes of the 

15 Task Force for Business and Stability Operations, subject 

16 to the direction and control of the Secretary of Defense, 

17 with concurrence of the Secretary of State, to carry out 

18 strategic business and economic assistance activities in Af19 ghanistan in support of Operation Enduring Freedom: 

20 Provided, That not less than 15 days before making funds 

21 available pursuant to the authority provided in this section 

22 for any project with a total anticipated cost of $5,000,000 

23 or more, the Secretary shall submit to the congressional 

24 defense committees a written notice containing a detailed 

25 justification and timeline for each proposed project. 


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1 SEC. 9012. From funds made available to the De2 partment of Defense by this Act under the heading ‘‘Oper3 ation and Maintenance, Air Force’’ up to $209,000,000 

4 may be used by the Secretary of Defense, notwithstanding 

5 any other provision of law, to support United States Gov6 ernment transition activities in Iraq by funding the oper7 ations and activities of the Office of Security Cooperation 

8 in Iraq and security assistance teams, including life sup9 port, transportation and personal security, and facilities 

10 renovation and construction, and site closeout activities 

11 prior to returning sites to the Government of Iraq: Pro12 vided, That to the extent authorized under the National 

13 Defense Authorization Act for Fiscal Year 2014, the oper14 ations and activities that may be carried out by the Office 

15 of Security Cooperation in Iraq may, with the concurrence 

16 of the Secretary of State, include non-operational training 

17 activities in support of Iraqi Ministry of Defense and 

18 Counter Terrorism Service personnel in an institutional 

19 environment to address capability gaps, integrate proc20 esses relating to intelligence, air sovereignty, combined 

21 arms, logistics and maintenance, and to manage and inte22 grate defense-related institutions: Provided further, That 

23 not later than 30 days following the enactment of this Act, 

24 the Secretary of Defense and the Secretary of State shall 

25 submit to the congressional defense committees a plan for 


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1 transitioning any such training activities that they deter2 mine are needed after the end of fiscal year 2013, to exist3 ing or new contracts for the sale of defense articles or 

4 defense services consistent with the provisions of the Arms 

5 Export Control Act (22 U.S.C. 2751 et seq.): Provided 

6 further, That not less than 15 days before making funds 

7 available pursuant to the authority provided in this sec8 tion, the Secretary of Defense shall submit to the congres9 sional defense committees a written notification containing 

10 a detailed justification and timeline for the operations and 

11 activities of the Office of Security Cooperation in Iraq at 

12 each site where such operations and activities will be con13 ducted during fiscal year 2013. 

14 (RESCISSIONS)

15 SEC. 9013. Of the funds appropriated in Department 

16 of Defense Appropriations Acts, the following funds are 

17 hereby rescinded from the following account in the speci18 fied amount: Provided, That such amount is designated 

19 by the Congress for Overseas Contingency Operations/ 

20 Global War on Terrorism pursuant to section 

21 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985: 

23 ‘‘General Provisions, 2009/XXXX’’, 

24 $46,022,000. 


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1 SEC. 9014. (a) None of the funds appropriated or 

2 otherwise made available by this Act under the heading 

3 ‘‘Operation and Maintenance, Defense-Wide’’ for pay4 ments under section 1233 of Public Law 110–181 for re5 imbursement to the Government of Pakistan may be made 

6 available unless the Secretary of Defense, in coordination 

7 with the Secretary of State, certifies to the Committees 

8 on Appropriations that the Government of Pakistan is— 

9 (1) cooperating with the United States in 

10 counterterrorism efforts against the Haqqani Net11 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 

12 Jaish-e-Mohammed, Al Qaeda, and other domestic 

13 and foreign terrorist organizations, including taking 

14 steps to end support for such groups and prevent 

15 them from basing and operating in Pakistan and 

16 carrying out cross border attacks into neighboring 

17 countries; 

18 (2) not supporting terrorist activities against 

19 United States or coalition forces in Afghanistan, and 

20 Pakistan’s military and intelligence agencies are not 

21 intervening extra-judicially into political and judicial 

22 processes in Pakistan; 

23 (3) dismantling improvised explosive device 

24 (IED) networks and interdicting precursor chemicals 

25 used in the manufacture of IEDs; 


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1 (4) preventing the proliferation of nuclear-re2 lated material and expertise; 

3 (5) implementing policies to protect judicial 

4 independence and due process of law; 

5 (6) issuing visas in a timely manner for United 

6 States visitors engaged in counterterrorism efforts 

7 and assistance programs in Pakistan; and 

8 (7) providing humanitarian organizations access 

9 to detainees, internally displaced persons, and other 

10 Pakistani civilians affected by the conflict. 

11 (b) The Secretary of Defense, in coordination with 

12 the Secretary of State, may waive the restriction in para13 graph (a) on a case-by-case basis by certifying in writing 

14 to the Committees on Appropriations of the House of Rep15 resentatives and the Senate that it is in the national secu16 rity interest to do so: Provided, That if the Secretary of 

17 Defense, in coordination with the Secretary of State, exer18 cises the authority of the previous proviso, the Secretaries 

19 shall report to the Committees on Appropriations on both 

20 the justification for the waiver and on the requirements 

21 of this section that the Government of Pakistan was not 

22 able to meet: Provided further, That such report may be 

23 submitted in classified form if necessary. 


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1 TITLE X—ADDITIONAL GENERAL PROVISIONS 

2 SPENDING REDUCTION ACCOUNT

3 SEC. 10001. The amount by which the applicable al4 location of new budget authority made by the Committee 

5 on Appropriations of the House of Representatives under 

6 section 302(b) of the Congressional Budget Act of 1974 

7 exceeds the amount of proposed new budget authority is 

8 $0 (increased by $79,000,000) (increased by 

9 $139,000,000) (increased by $553,800,000). 

10 SEC. 10002. None of the funds made available by this 

11 Act may be used to cancel or modify the avionics mod12 ernization program of record for C–130 aircraft. 

13 SEC. 10003. None of the funds made available by this 

14 Act may be used to— 

15 (1) plan for, consider, or carry out any action 

16 to remove any portion of the Mount Soledad Vet17 erans Memorial in San Diego, California; 

18 (2) convey, or authorize the conveyance of, such 

19 memorial; or 

20 (3) plan for or accept any reimbursement for 

21 any action described in paragraph (1) or (2). 

22 SEC. 10004. None of the funds made available by this 

23 Act may be used by the Department of Defense to grant 

24 an enlistment waiver for an offense within offense code 

25 433 (rape, sexual abuse, sexual assault, criminal sexual 


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1 abuse, incest, or other sex crimes), as specified in Table 

2 1 of the memorandum from the Under Secretary of De3 fense with the subject line ‘‘Directive-Type Memorandum 

4 (DTM) 08-018—‘Enlistment Waivers’ ’’, dated June 27, 

5 2008 (incorporating Change 3, March 20, 2013). 

6 SEC. 10005. None of the funds made available by this 

7 Act may be used by the Secretary of the Air Force to re8 duce the force structure at Lajes Field, Azores, Portugal, 

9 below the total number of military and civilian personnel 

10 assigned to Lajes Field on October 1, 2012. 

11 SEC. 10006. None of the Operation and Maintenance 

12 funds made available in this Act may be used in con13 travention of section 41106 of title 49, United States 

14 Code. 

15 SEC. 10007. None of the funds made available by this 

16 Act may be used to enter into a contract for the purchase 

17 of an American flag if the flag is certified (pursuant to 

18 the Federal Acquisition Regulation) as a foreign end prod19 uct. 

20 SEC. 10008. None of the funds made available by this 

21 Act may be used by the Department of Defense to lease 

22 or purchase new light duty vehicles for any executive fleet, 

23 or for an agency’s fleet inventory, except in accordance 

24 with Presidential Memorandum—Federal Fleet Perform25 ance, dated May 24, 2011. 


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1 SEC. 10009. None of the funds made available by this 

2 Act may be used to enter into a contract with any offeror 

3 or any of its principals if the offeror certifies, pursuant 

4 to the Federal Acquisition Regulation, that the offeror or 

5 any of its principals— 

6 (1) within a three-year period preceding this 

7 offer has been convicted of or had a civil judgment 

8 rendered against it for commission of fraud or a 

9 criminal offense in connection with obtaining, at10 tempting to obtain, or performing a public (Federal, 

11 State, or local) contract or subcontract; violation of 

12 Federal or State antitrust statutes relating to the 

13 submission of offers; or commission of embezzle14 ment, theft, forgery, bribery, falsification or destruc15 tion of records, making false statements, tax eva16 sion, violating Federal criminal tax laws, or receiving 

17 stolen property; 

18 (2) are presently indicted for, or otherwise 

19 criminally or civilly charged by a governmental enti20 ty with, commission of any of the offenses enumer21 ated in paragraph (1); or 

22 (3) within a three-year period preceding this 

23 offer, has been notified of any delinquent Federal 

24 taxes in an amount that exceeds $3,000 for which 

25 the liability remains unsatisfied. 


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1 SEC. 10010. None of the funds made available by this 

2 Act may be used to engage in an act covered by or de3 scribed in section 2340A of title 18, United States Code. 

4 SEC. 10011. None of the funds made available by this 

5 Act may be used for flag or general officers for each mili6 tary department that are in excess to the number of such 

7 officers serving in such military department as of the date 

8 of the enactment of this Act. 

9 SEC. 10012. None of the funds made available in this 

10 Act may be used to fund the performance of any Depart11 ment of Defense flight demonstration team at a location 

12 outside the United States. 

13 SEC. 10013. None of the funds made available by this 

14 Act may be used to maintain or improve Department of 

15 Defense real property with a zero percent utilization rate 

16 according to the Department’s real property inventory 

17 database, except in the case of maintenance of an historic 

18 property as required by the National Historic Preservation 

19 Act (16 U.S.C. 470 et seq.) or maintenance to prevent 

20 a negative environmental impact as required by the Na21 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

22 et seq.). 

23 SEC. 10014. None of the funds made available in this 

24 Act may be used to operate an unmanned aerial system 


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1 in contravention of the fourth amendment to the Constitu2 tion. 

3 SEC. 10015. None of the funds made available by this 

4 Act may be used to enter into any contract after the date 

5 of the enactment of this Act for the procurement or pro6 duction of any non-petroleum based fuel for use as the 

7 same purpose or as a drop-in substitute for petroleum. 

8 SEC. 10016. None of the funds made available by this 

9 Act may be used to carry out a furlough (as defined in 

10 section 7511(a)(5) of title 5, United States Code) that— 

11 (1) includes in the notice of the furlough made 

12 pursuant to section 752.404(b) of title 5, Code of 

13 Federal Regulations, ‘‘sequestration’’ as the reason 

14 for the furlough; and 

15 (2) is of a civilian employee of the Department 

16 of Defense who is paid from amounts in a Working 

17 Capital Fund Account pursuant to section 2208 of 

18 title 10, United States Code. 

19 SEC. 10017. None of the funds made available by this 

20 Act may be used to appoint chaplains for the military de21 partments in contravention of Department of Defense In22 struction 1304.28, dated June 11, 2004, incorporating 

23 change 2, dated January 19, 2012, as in effect on July 

24 1, 2013, regarding the appointment of chaplains for the 

25 military departments. 


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1 SEC. 10018. None of the funds made available by this 

2 Act for the ‘‘Afghanistan Infrastructure Fund’’ may be 

3 used to plan, develop, or construct any project for which 

4 construction has not commenced before the date of the 

5 enactment of this Act. 

6 SEC. 10019. None of the funds made available by this 

7 Act may be used to enforce section 526 of the Energy 

8 Independence and Security Act of 2007 (Public Law 110– 

9 140; 42 U.S.C. 17142). 

10 SEC. 10020. None of the funds made available by this 

11 Act may be obligated or expended to train the Afghan Na12 tional Security Forces Special Mission Wing to operate or 

13 maintain Mi–17 helicopters. 

14 SEC. 10021. None of the funds made available by this 

15 Act may be used to give covered graduates (as described 

16 in section 532(a)(2) of the National Defense Authoriza17 tion Act for Fiscal Year 2012 (10 U.S.C. 503 note)) a 

18 lower enlistment priority than traditional high school di19 ploma graduates as described in the second paragraph of 

20 the memo with the subject line ‘‘Education Credential— 

21 Definition and Tier Placement’’, dated June 6, 2012. 

22 SEC. 10022. None of the funds made available by this 

23 Act may be used to conduct an environmental impact 

24 study in accordance with the National Environmental Pol25 icy Act of 1969 (42 U.S.C. et seq.) of intercontinental balVerDate Mar 15 2010 00:00 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397

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1 listic missiles or the facilities in which, as of the date of 

2 the enactment of this Act, such missiles are located. 

3 SEC. 10023. None of the funds made available by this 

4 Act may be used for a furlough (as defined in section 

5 7511(a)(5) of title 5, United States Code) of any civilian 

6 employee of the Department of Defense. 

7 SEC. 10024. None of the funds made available by this 

8 Act may be used to pay the salary of individuals appointed 

9 to their current position through, or to otherwise carry 

10 out, paragraphs (1), (2), and (3) of section 5503(a) of 

11 title 5, United States Code. 

12 SEC. 10025. None of the funds made available by this 

13 Act may be used to plan for or carry out a furlough of 

14 a dual status military technician (as defined in section 

15 10216 of title 10, United States Code). 

16 SEC. 10026. None of the funds made available by this 

17 Act may be used to carry out reductions to the nuclear 

18 forces of the United States to implement the New START 

19 Treaty (as defined in section 495(e) of title 10, United 

20 States Code). 

21 SEC. 10027. None of the funds made available by this 

22 Act may be used to reduce the strategic delivery systems 

23 (as defined in section 495(e)(2) of title 10, United States 

24 Code) of the United States in contravention of section 


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1 303(b) of the Arms Control and Disarmament Act (22 

2 U.S.C. 2573(b)). 

3 SEC. 10028. None of the funds made available by this 

4 Act may be used to implement an enrollment fee for the 

5 TRICARE for Life program under chapter 55 of title 10, 

6 United States Code. 

7 SEC. 10029. None of the funds made available in this 

8 Act may be used to pay any fine assessed against a mili9 tary installation by the California Air Resources Board. 

10 SEC. 10030. The total amount of appropriations 

11 made available by title IX (not including amounts made 

12 available under the heading ‘‘Overseas Deployments and 

13 Other Activities—Procurement—National Guard and Re14 serve Equipment’’) is hereby reduced by $3,546,000,000. 

15 SEC. 10031. None of the funds made available by this 

16 Act may be used to transfer or release to the Republic 

17 of Yemen (or any entity within Yemen) a detainee who 

18 is or was held, detained, or otherwise in the custody of 

19 the Department of Defense on or after June 24, 2009, 

20 at the United States Naval Station, Guantanamo Bay, 

21 Cuba. 

22 SEC. 10032. (a) None of the funds made available 

23 by this Act may be used to retire, divest, transfer, or pre24 pare to divest, retire, or transfer, C–23 aircraft assigned 

25 to the Army. 


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1 (b) The amounts otherwise provided by this Act are 

2 revised by reducing and increasing the amount made avail3 able for ‘‘Operation and Maintenance—Operation and 

4 Maintenance, Army’’ by $34,000,000. 

5 SEC. 10033. None of the funds made available in this 

6 Act may be used by the Department of Defense— 

7 (1) to implement or execute any agreement with 

8 the Russian Federation pertaining to missile defense 

9 other than a treaty; or 

10 (2) to provide the Government of the Russian 

11 Federation with any information about the ballistic 

12 missile defense systems of the United States that is 

13 classified or unclassified by the Department or com14 ponent thereof. 

15 SEC. 10034. None of the funds made available by this 

16 Act may be used with respect to Syria in contravention 

17 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 

18 including for the introduction of United States forces into 

19 hostilities in Syria, into situations in Syria where immi20 nent involvement in hostilities is clearly indicated by the 

21 circumstances, or into Syrian territory, airspace, or waters 

22 while equipped for combat, in contravention of the Con23 gressional consultation and reporting requirements of sec24 tions 3 and 4 of that law (50 U.S.C. 1542 and 1543). 


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1 SEC. 10035. No funds made available by this Act 

2 may be used by the Department of Defense to fund mili3 tary operations in Egypt, nor may funds made available 

4 by this Act be used by the Department of Defense to fund 

5 individuals, groups, or organizations engaged in para6 military activity (as that term is used in section 401 of 

7 title 10, United States Code) in Egypt. 

8 SEC. 10036. None of the funds made available by this 

9 Act may be used to issue to a civilian employee of the 

10 Department of Defense a denial of a security clearance 

11 pursuant to Department of Defense Directive 5220.6 that 

12 lists in the notice of specific reasons of the clearance deci13 sion (as defined in section 3.2 of such Directive) financial 

14 hardships because of a ‘‘furlough caused by sequestra15 tion’’. 

16 SEC. 10037. None of funds made available by this 

17 Act may be used by the National Security Agency to— 

18 (1) conduct an acquisition pursuant to section 

19 702 of the Foreign Intelligence Surveillance Act of 

20 1978 for the purpose of targeting a United States 

21 person; or 

22 (2) acquire, monitor, or store the contents (as 

23 such term is defined in section 2510(8) of title 18, 

24 United States Code) of any electronic communica25 tion of a United States person from a provider of 


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1 electronic communication services to the public pur2 suant to section 501 of the Foreign Intelligence Sur3 veillance Act of 1978. 

4 This Act may be cited as the ‘‘Department of Defense 

5 Appropriations Act, 2014’’. 

Passed the House of Representatives July 24, 2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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