II 

113TH CONGRESS 

1ST SESSION S. 444 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2013, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2013 

Ms. COLLINS (for herself and Mr. KING) introduced the following bill; which 

was read twice and referred to the Committee on Appropriations 

A BILL 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2013, and for other 

purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Defense for the fiscal year ending Sep6 tember 30, 2013, and for other purposes, namely: 

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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the 

9 Army on active duty, (except members of reserve compo10 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

13 377, as amended (42 U.S.C. 402 note), and to the Depart14 ment of Defense Military Retirement Fund, 

15 $40,157,392,000. 

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence, 

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 

21 between permanent duty stations, for members of the 

22 Navy on active duty (except members of the Reserve pro23 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

2 of Defense Military Retirement Fund, $26,989,384,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the Ma9 rine Corps on active duty (except members of the Reserve 

10 provided for elsewhere); and for payments pursuant to sec11 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

12 402 note), and to the Department of Defense Military Re13 tirement Fund, $12,529,469,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

16 interest on deposits, gratuities, permanent change of sta17 tion travel (including all expenses thereof for organiza18 tional movements), and expenses of temporary duty travel 

19 between permanent duty stations, for members of the Air 

20 Force on active duty (except members of reserve compo21 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

24 377, as amended (42 U.S.C. 402 note), and to the Departmstockstill on DSK4VPTVN1PROD with BILLS

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1 ment of Defense Military Retirement Fund, 

2 $28,053,829,000. 

3 RESERVE PERSONNEL, ARMY

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

5 travel, and related expenses for personnel of the Army Re6 serve on active duty under sections 10211, 10302, and 

7 3038 of title 10, United States Code, or while serving on 

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

9 States Code, in connection with performing duty specified 

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

11 while undergoing reserve training, or while performing 

12 drills or equivalent duty or other duty, and expenses au13 thorized by section 16131 of title 10, United States Code; 

14 and for payments to the Department of Defense Military 

15 Retirement Fund, $4,341,823,000. 

16 RESERVE PERSONNEL, NAVY

17 For pay, allowances, clothing, subsistence, gratuities, 

18 travel, and related expenses for personnel of the Navy Re19 serve on active duty under section 10211 of title 10, 

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

21 section 12301(d) of title 10, United States Code, in con22 nection with performing duty specified in section 12310(a) 

23 of title 10, United States Code, or while undergoing re24 serve training, or while performing drills or equivalent 

25 duty, and expenses authorized by section 16131 of title 

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1 10, United States Code; and for payments to the Depart2 ment of Defense Military Retirement Fund, 

3 $1,875,598,000. 

4 RESERVE PERSONNEL, MARINE CORPS

5 For pay, allowances, clothing, subsistence, gratuities, 

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

8 10, United States Code, or while serving on active duty 

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

10 in connection with performing duty specified in section 

11 12310(a) of title 10, United States Code, or while under12 going reserve training, or while performing drills or equiv13 alent duty, and for members of the Marine Corps platoon 

14 leaders class, and expenses authorized by section 16131 

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

16 Department of Defense Military Retirement Fund, 

17 $659,621,000. 

18 RESERVE PERSONNEL, AIR FORCE

19 For pay, allowances, clothing, subsistence, gratuities, 

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

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

22 8038 of title 10, United States Code, or while serving on 

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

24 States Code, in connection with performing duty specified 

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

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1 while undergoing reserve training, or while performing 

2 drills or equivalent duty or other duty, and expenses au3 thorized by section 16131 of title 10, United States Code; 

4 and for payments to the Department of Defense Military 

5 Retirement Fund, $1,728,505,000. 

6 NATIONAL GUARD PERSONNEL, ARMY

7 For pay, allowances, clothing, subsistence, gratuities, 

8 travel, and related expenses for personnel of the Army Na9 tional Guard while on duty under section 10211, 10302, 

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

11 States Code, or while serving on duty under section 

12 12301(d) of title 10 or section 502(f) of title 32, 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 training, or while performing drills or 

16 equivalent duty or other duty, and expenses authorized by 

17 section 16131 of title 10, United States Code; and for pay18 ments to the Department of Defense Military Retirement 

19 Fund, $8,005,077,000. 

20 NATIONAL GUARD PERSONNEL, AIR FORCE

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

22 travel, and related expenses for personnel of the Air Na23 tional Guard on duty under section 10211, 10305, or 

24 12402 of title 10 or section 708 of title 32, United States 

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

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

2 in connection with performing duty specified in section 

3 12310(a) of title 10, United States Code, or while under4 going training, or while performing drills or equivalent 

5 duty or other duty, and expenses authorized by section 

6 16131 of title 10, United States Code; and for payments 

7 to the Department of Defense Military Retirement Fund, 

8 $3,161,765,000. 

9 TITLE II 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of the Army, as author14 ized by law; and not to exceed $12,478,000 can be used 

15 for emergencies and extraordinary expenses, to be ex16 pended on the approval or authority of the Secretary of 

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

18 of necessity for confidential military purposes, 

19 $33,804,145,000. 

20 OPERATION AND MAINTENANCE, NAVY

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance of the Navy and the 

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

24 $14,804,000 can be used for emergencies and extraor25 dinary expenses, to be expended on the approval or authormstockstill on DSK4VPTVN1PROD with BILLS

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1 ity of the Secretary of the Navy, and payments may be 

2 made on his certificate of necessity for confidential mili3 tary purposes, $40,479,556,000. 

4 OPERATION AND MAINTENANCE, MARINE CORPS

5 For expenses, not otherwise provided for, necessary 

6 for the operation and maintenance of the Marine Corps, 

7 as authorized by law, $5,894,963,000. 

8 OPERATION AND MAINTENANCE, AIR FORCE

9 For expenses, not otherwise provided for, necessary 

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

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

12 used for emergencies and extraordinary expenses, to be ex13 pended on the approval or authority of the Secretary of 

14 the Air Force, and payments may be made on his certifi15 cate of necessity for confidential military purposes, 

16 $34,983,793,000. 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance of activities and agen21 cies of the Department of Defense (other than the military 

22 departments), as authorized by law, $31,331,839,000: 

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

24 for the Combatant Commander Initiative Fund authorized 

25 under section 166a of title 10, United States Code: Promstockstill on DSK4VPTVN1PROD with BILLS

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1 vided further, That not to exceed $36,000,000 can be used 

2 for emergencies and extraordinary expenses, to be ex3 pended on the approval or authority of the Secretary of 

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

5 necessity for confidential military purposes: Provided fur6 ther, That of the funds provided under this heading, not 

7 less than $36,480,000 shall be made available for the Pro8 curement Technical Assistance Cooperative Agreement 

9 Program, of which not less than $3,600,000 shall be avail10 able for centers defined in 10 U.S.C. 2411(1)(D): Pro11 vided further, That none of the funds appropriated or oth12 erwise made available by this Act may be used to plan 

13 or implement the consolidation of a budget or appropria14 tions liaison office of the Office of the Secretary of De15 fense, the office of the Secretary of a military department, 

16 or the service headquarters of one of the Armed Forces 

17 into a legislative affairs or legislative liaison office: Pro18 vided further, That $8,563,000, to remain available until 

19 expended, is available only for expenses relating to certain 

20 classified activities, and may be transferred as necessary 

21 by the Secretary of Defense to operation and maintenance 

22 appropriations or research, development, test and evalua23 tion appropriations, to be merged with and to be available 

24 for the same time period as the appropriations to which 

25 transferred: Provided further, That any ceiling on the inmstockstill on DSK4VPTVN1PROD with BILLS

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1 vestment item unit cost of items that may be purchased 

2 with operation and maintenance funds shall not apply to 

3 the funds described in the preceding proviso: Provided fur4 ther, That the transfer authority provided under this head5 ing is in addition to any other transfer authority provided 

6 elsewhere in this Act. 

7 OPERATION AND MAINTENANCE, ARMY RESERVE

8 For expenses, not otherwise provided for, necessary 

9 for the operation and maintenance, including training, or10 ganization, and administration, of the Army Reserve; re11 pair of facilities and equipment; hire of passenger motor 

12 vehicles; travel and transportation; care of the dead; re13 cruiting; procurement of services, supplies, and equip14 ment; and communications, $3,140,508,000. 

15 OPERATION AND MAINTENANCE, NAVY RESERVE

16 For expenses, not otherwise provided for, necessary 

17 for the operation and maintenance, including training, or18 ganization, and administration, of the Navy Reserve; re19 pair of facilities and equipment; hire of passenger motor 

20 vehicles; travel and transportation; care of the dead; re21 cruiting; procurement of services, supplies, and equip22 ment; and communications, $1,246,982,000. 

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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For expenses, not otherwise provided for, necessary 

4 for the operation and maintenance, including training, or5 ganization, and administration, of the Marine Corps Re6 serve; repair of facilities and equipment; hire of passenger 

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

8 recruiting; procurement of services, supplies, and equip9 ment; and communications, $272,285,000. 

10 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Air Force Reserve; 

14 repair of facilities and equipment; hire of passenger motor 

15 vehicles; travel and transportation; care of the dead; re16 cruiting; procurement of services, supplies, and equip17 ment; and communications, $3,227,382,000. 

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

20 For expenses of training, organizing, and admin21 istering the Army National Guard, including medical and 

22 hospital treatment and related expenses in non-Federal 

23 hospitals; maintenance, operation, and repairs to struc24 tures and facilities; hire of passenger motor vehicles; per25 sonnel services in the National Guard Bureau; travel exmstockstill on DSK4VPTVN1PROD with BILLS

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1 penses (other than mileage), as authorized by law for 

2 Army personnel on active duty, for Army National Guard 

3 division, regimental, and battalion commanders while in4 specting units in compliance with National Guard Bureau 

5 regulations when specifically authorized by the Chief, Na6 tional Guard Bureau; supplying and equipping the Army 

7 National Guard as authorized by law; and expenses of re8 pair, modification, maintenance, and issue of supplies and 

9 equipment (including aircraft), $7,075,042,000. 

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For expenses of training, organizing, and admin12 istering the Air 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; transportation of things, hire of pas16 senger motor vehicles; supplying and equipping the Air 

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

18 modification, maintenance, and issue of supplies and 

19 equipment, including those furnished from stocks under 

20 the control of agencies of the Department of Defense; 

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

22 authorized by law for Air National Guard personnel on 

23 active Federal duty, for Air National Guard commanders 

24 while inspecting units in compliance with National Guard 

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1 Bureau regulations when specifically authorized by the 

2 Chief, National Guard Bureau, $6,493,155,000. 

3 UNITED STATES COURT OF APPEALS FOR THE ARMED

4 FORCES

5 For salaries and expenses necessary for the United 

6 States Court of Appeals for the Armed Forces, 

7 $13,516,000, of which not to exceed $5,000 may be used 

8 for official representation purposes. 

9 ENVIRONMENTAL RESTORATION, ARMY

10 (INCLUDING TRANSFER OF FUNDS)

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

12 remain available until transferred: Provided, That the Sec13 retary of the Army shall, upon determining that such 

14 funds are required for environmental restoration, reduc15 tion and recycling of hazardous waste, removal of unsafe 

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

17 for similar purposes, transfer the funds made available by 

18 this appropriation to other appropriations made available 

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

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

21 time period as the appropriations to which transferred: 

22 Provided further, That upon a determination that all or 

23 part of the funds transferred from this appropriation are 

24 not necessary for the purposes provided herein, such 

25 amounts may be transferred back to this appropriation: 

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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 ENVIRONMENTAL RESTORATION, NAVY

5 (INCLUDING TRANSFER OF FUNDS)

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

7 remain available until transferred: Provided, That the Sec8 retary of the Navy shall, upon determining that such 

9 funds are required for environmental restoration, reduc10 tion and recycling of hazardous waste, removal of unsafe 

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

12 for similar purposes, transfer the funds made available by 

13 this appropriation to other appropriations made available 

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

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

16 time period as the appropriations to which transferred: 

17 Provided further, That upon a determination that all or 

18 part of the funds transferred from this appropriation are 

19 not necessary for the purposes provided herein, such 

20 amounts may be transferred back to this appropriation: 

21 Provided further, That the transfer authority provided 

22 under this heading is in addition to any other transfer au23 thority provided elsewhere in this Act. 

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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

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

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of un8 safe buildings and debris of the Department of the Air 

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

10 available by this appropriation to other appropriations 

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

12 merged with and to be available for the same purposes 

13 and for the same time period as the appropriations to 

14 which transferred: Provided further, That upon a deter15 mination that all or part of the funds transferred from 

16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to 

18 this appropriation: Provided further, That the transfer au19 thority provided under this heading is in addition to any 

20 other transfer authority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of Defense, $11,133,000, to re24 main available until transferred: Provided, That the Sec25 retary of Defense shall, upon determining that such funds 

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1 are required for environmental restoration, reduction and 

2 recycling of hazardous waste, removal of unsafe buildings 

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

4 purposes, transfer the funds made available by this appro5 priation to other appropriations made available to the De6 partment of Defense, to be merged with and to be avail7 able for the same purposes and for the same time period 

8 as the appropriations to which transferred: Provided fur9 ther, That upon a determination that all or part of the 

10 funds transferred from this appropriation are not nec11 essary for the purposes provided herein, such amounts 

12 may be transferred back to this appropriation: Provided 

13 further, That the transfer authority provided under this 

14 heading is in addition to any other transfer authority pro15 vided elsewhere in this Act. 

16 ENVIRONMENTAL RESTORATION, FORMERLY USED

17 DEFENSE SITES

18 (INCLUDING TRANSFER OF FUNDS)

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

20 remain available until transferred: Provided, That the Sec21 retary of the Army shall, upon determining that such 

22 funds are required for environmental restoration, reduc23 tion and recycling of hazardous waste, removal of unsafe 

24 buildings and debris at sites formerly used by the Depart25 ment of Defense, transfer the funds made available by this 

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1 appropriation to other appropriations made available to 

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

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

4 period as the appropriations to which transferred: Pro5 vided further, That upon a determination that all or part 

6 of the funds transferred from this appropriation are not 

7 necessary for the purposes provided herein, such amounts 

8 may be transferred back to this appropriation: Provided 

9 further, That the transfer authority provided under this 

10 heading is in addition to any other transfer authority pro11 vided elsewhere in this Act. 

12 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

13 For expenses relating to the Overseas Humanitarian, 

14 Disaster, and Civic Aid programs of the Department of 

15 Defense (consisting of the programs provided under sec16 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

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

18 until September 30, 2014. 

19 COOPERATIVE THREAT REDUCTION ACCOUNT

20 For assistance to the republics of the former Soviet 

21 Union and, with appropriate authorization by the Depart22 ment of Defense and Department of State, to countries 

23 outside of the former Soviet Union, including assistance 

24 provided by contract or by grants, for facilitating the 

25 elimination and the safe and secure transportation and 

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1 storage of nuclear, chemical and other weapons; for estab2 lishing programs to prevent the proliferation of weapons, 

3 weapons components, and weapon-related technology and 

4 expertise; for programs relating to the training and sup5 port of defense and military personnel for demilitarization 

6 and protection of weapons, weapons components and 

7 weapons technology and expertise, and for defense and 

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

9 September 30, 2015. 

10 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

11 DEVELOPMENT FUND

12 For the Department of Defense Acquisition Work13 force Development Fund, $720,000,000. 

14 TITLE III 

15 PROCUREMENT 

16 AIRCRAFT PROCUREMENT, ARMY

17 For construction, procurement, production, modifica18 tion, and modernization of aircraft, equipment, including 

19 ordnance, ground handling equipment, spare parts, and 

20 accessories therefor; specialized equipment and training 

21 devices; expansion of public and private plants, including 

22 the land necessary therefor, for the foregoing purposes, 

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

24 and construction prosecuted thereon prior to approval of 

25 title; and procurement and installation of equipment, apmstockstill on DSK4VPTVN1PROD with BILLS

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1 pliances, and machine tools in public and private plants; 

2 reserve plant and Government and contractor-owned 

3 equipment layaway; and other expenses necessary for the 

4 foregoing purposes, $5,414,061,000, to remain available 

5 for obligation until September 30, 2015. 

6 MISSILE PROCUREMENT, ARMY

7 For construction, procurement, production, modifica8 tion, and modernization of missiles, equipment, including 

9 ordnance, ground handling equipment, spare parts, and 

10 accessories therefor; specialized equipment and training 

11 devices; expansion of public and private plants, including 

12 the land necessary therefor, for the foregoing purposes, 

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

14 and construction prosecuted thereon prior to approval of 

15 title; and procurement and installation of equipment, ap16 pliances, and machine tools in public and private plants; 

17 reserve plant and Government and contractor-owned 

18 equipment layaway; and other expenses necessary for the 

19 foregoing purposes, $1,429,665,000, to remain available 

20 for obligation until September 30, 2015. 

21 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

22 VEHICLES, ARMY

23 For construction, procurement, production, and 

24 modification of weapons and tracked combat vehicles, 

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1 sories therefor; specialized equipment and training devices; 

2 expansion of public and private plants, including the land 

3 necessary therefor, for the foregoing purposes, and such 

4 lands and interests therein, may be acquired, and con5 struction prosecuted thereon prior to approval of title; and 

6 procurement and installation of equipment, appliances, 

7 and machine tools in public and private plants; reserve 

8 plant and Government and contractor-owned equipment 

9 layaway; and other expenses necessary for the foregoing 

10 purposes, $1,687,823,000, to remain available for obliga11 tion until September 30, 2015. 

12 PROCUREMENT OF AMMUNITION, ARMY

13 For construction, procurement, production, and 

14 modification of ammunition, and accessories therefor; spe15 cialized equipment and training devices; expansion of pub16 lic and private plants, including ammunition facilities, au17 thorized by section 2854 of title 10, United States Code, 

18 and the land necessary therefor, for the foregoing pur19 poses, and such lands and interests therein, may be ac20 quired, and construction prosecuted thereon prior to ap21 proval of title; and procurement and installation of equip22 ment, appliances, and machine tools in public and private 

23 plants; reserve plant and Government and contractor24 owned equipment layaway; and other expenses necessary 

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1 for the foregoing purposes, $1,624,380,000, to remain 

2 available for obligation until September 30, 2015. 

3 OTHER PROCUREMENT, ARMY

4 For construction, procurement, production, and 

5 modification of vehicles, including tactical, support, and 

6 non-tracked combat vehicles; the purchase of passenger 

7 motor vehicles for replacement only; communications and 

8 electronic equipment; other support equipment; spare 

9 parts, ordnance, and accessories therefor; specialized 

10 equipment and training devices; expansion of public and 

11 private plants, including the land necessary therefor, for 

12 the foregoing purposes, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

14 thereon prior to approval of title; and procurement and 

15 installation of equipment, appliances, and machine tools 

16 in public and private plants; reserve plant and Govern17 ment and contractor-owned equipment layaway; and other 

18 expenses necessary for the foregoing purposes, 

19 $4,980,209,000, to remain available for obligation until 

20 September 30, 2015. 

21 AIRCRAFT PROCUREMENT, NAVY

22 For construction, procurement, production, modifica23 tion, and modernization of aircraft, equipment, including 

24 ordnance, spare parts, and accessories therefor; specialized 

25 equipment; expansion of public and private plants, includmstockstill on DSK4VPTVN1PROD with BILLS

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1 ing the land necessary therefor, and such lands and inter2 ests therein, may be acquired, and construction prosecuted 

3 thereon prior to approval of title; and procurement and 

4 installation of equipment, appliances, and machine tools 

5 in public and private plants; reserve plant and Govern6 ment and contractor-owned equipment layaway, 

7 $16,936,358,000, to remain available for obligation until 

8 September 30, 2015. 

9 WEAPONS PROCUREMENT, NAVY

10 For construction, procurement, production, modifica11 tion, and modernization of missiles, torpedoes, other weap12 ons, and related support equipment including spare parts, 

13 and accessories therefor; expansion of public and private 

14 plants, including the land necessary therefor, and such 

15 lands and interests therein, may be acquired, and con16 struction prosecuted thereon prior to approval of title; and 

17 procurement and installation of equipment, appliances, 

18 and machine tools in public and private plants; reserve 

19 plant and Government and contractor-owned equipment 

20 layaway, $3,066,919,000, to remain available for obliga21 tion until September 30, 2015. 

22 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

23 CORPS

24 For construction, procurement, production, and 

25 modification of ammunition, and accessories therefor; spemstockstill on DSK4VPTVN1PROD with BILLS

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1 cialized equipment and training devices; expansion of pub2 lic and private plants, including ammunition facilities, au3 thorized by section 2854 of title 10, United States Code, 

4 and the land necessary therefor, for the foregoing pur5 poses, and such lands and interests therein, may be ac6 quired, and construction prosecuted thereon prior to ap7 proval of title; and procurement and installation of equip8 ment, appliances, and machine tools in public and private 

9 plants; reserve plant and Government and contractor10 owned equipment layaway; and other expenses necessary 

11 for the foregoing purposes, $719,154,000, to remain avail12 able for obligation until September 30, 2015. 

13 SHIPBUILDING AND CONVERSION, NAVY

14 For expenses necessary for the construction, acquisi15 tion, or conversion of vessels as authorized by law, includ16 ing armor and armament thereof, plant equipment, appli17 ances, and machine tools and installation thereof in public 

18 and private plants; reserve plant and Government and con19 tractor-owned equipment layaway; procurement of critical, 

20 long lead time components and designs for vessels to be 

21 constructed or converted in the future; and expansion of 

22 public and private plants, including land necessary there23 for, and such lands and interests therein, may be acquired, 

24 and construction prosecuted thereon prior to approval of 

25 title, as follows: 

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1 Carrier Replacement Program, $564,371,000; 

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

3 Virginia Class Submarine (AP), 

4 $1,652,557,000; 

5 CVN Refueling Overhaul, $1,613,392,000; 

6 CVN Refueling Overhauls (AP), $70,010,000; 

7 DDG–1000 Program, $669,222,000; 

8 DDG–51 Destroyer, $4,048,658,000; 

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

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

11 LPD–17 (AP), $263,255,000; 

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

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

14 LCAC Service Life Extension Program, 

15 $85,830,000; and 

16 For outfitting, post delivery, conversions, and 

17 first destination transportation, $309,648,000. 

18 Completion of Prior Year Shipbuilding Pro19 grams, $372,573,000. 

20 In all: $15,614,855,000, to remain available for obli21 gation until September 30, 2017: Provided, That addi22 tional obligations may be incurred after September 30, 

23 2017, for engineering services, tests, evaluations, and 

24 other such budgeted work that must be performed in the 

25 final stage of ship construction: Provided further, That 

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1 none of the funds provided under this heading for the con2 struction or conversion of any naval vessel to be con3 structed in shipyards in the United States shall be ex4 pended in foreign facilities for the construction of major 

5 components of such vessel: Provided further, That none 

6 of the funds provided under this heading shall be used 

7 for the construction of any naval vessel in foreign ship8 yards. 

9 OTHER PROCUREMENT, NAVY

10 For procurement, production, and modernization of 

11 support equipment and materials not otherwise provided 

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

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

14 of passenger motor vehicles for replacement only; expan15 sion of public and private plants, including the land nec16 essary therefor, and such lands and interests therein, may 

17 be acquired, and construction prosecuted thereon prior to 

18 approval of title; and procurement and installation of 

19 equipment, appliances, and machine tools in public and 

20 private plants; reserve plant and Government and con21 tractor-owned equipment layaway, $6,170,286,000, to re22 main available for obligation until September 30, 2015. 

23 PROCUREMENT, MARINE CORPS

24 For expenses necessary for the procurement, manu25 facture, and modification of missiles, armament, military 

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1 equipment, spare parts, and accessories therefor; plant 

2 equipment, appliances, and machine tools, and installation 

3 thereof in public and private plants; reserve plant and 

4 Government and contractor-owned equipment layaway; ve5 hicles for the Marine Corps, including the purchase of pas6 senger motor vehicles for replacement only; and expansion 

7 of public and private plants, including land necessary 

8 therefor, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title, $1,334,448,000, to remain available for ob11 ligation until September 30, 2015. 

12 AIRCRAFT PROCUREMENT, AIR FORCE

13 For construction, procurement, and modification of 

14 aircraft and equipment, including armor and armament, 

15 specialized ground handling equipment, and training de16 vices, spare parts, and accessories therefor; specialized 

17 equipment; expansion of public and private plants, Gov18 ernment-owned equipment and installation thereof in such 

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

20 the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

22 thereon prior to approval of title; reserve plant and Gov23 ernment and contractor-owned equipment layaway; and 

24 other expenses necessary for the foregoing purposes in25 cluding rents and transportation of things, 

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1 $11,260,646,000, to remain available for obligation until 

2 September 30, 2015. 

3 MISSILE PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of 

5 missiles, spacecraft, rockets, and related equipment, in6 cluding spare parts and accessories therefor, ground han7 dling equipment, and training devices; expansion of public 

8 and private plants, Government-owned equipment and in9 stallation thereof in such plants, erection of structures, 

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

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

12 construction prosecuted thereon prior to approval of title; 

13 reserve plant and Government and contractor-owned 

14 equipment layaway; and other expenses necessary for the 

15 foregoing purposes including rents and transportation of 

16 things, $4,913,276,000, to remain available for obligation 

17 until September 30, 2015. 

18 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For construction, procurement, production, and 

20 modification of ammunition, and accessories therefor; spe21 cialized equipment and training devices; expansion of pub22 lic and private plants, including ammunition facilities, au23 thorized by section 2854 of title 10, United States Code, 

24 and the land necessary therefor, for the foregoing pur25 poses, and such lands and interests therein, may be acmstockstill on DSK4VPTVN1PROD with BILLS

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1 quired, and construction prosecuted thereon prior to ap2 proval of title; and procurement and installation of equip3 ment, appliances, and machine tools in public and private 

4 plants; reserve plant and Government and contractor5 owned equipment layaway; and other expenses necessary 

6 for the foregoing purposes, $593,194,000, to remain avail7 able for obligation until September 30, 2015. 

8 OTHER PROCUREMENT, AIR FORCE

9 For procurement and modification of equipment (in10 cluding ground guidance and electronic control equipment, 

11 and ground electronic and communication equipment), 

12 and supplies, materials, and spare parts therefor, not oth13 erwise provided for; the purchase of passenger motor vehi14 cles for replacement only; lease of passenger motor vehi15 cles; and expansion of public and private plants, Govern16 ment-owned equipment and installation thereof in such 

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

18 the foregoing purposes, and such lands and interests 

19 therein, may be acquired, and construction prosecuted 

20 thereon, prior to approval of title; reserve plant and Gov21 ernment and contractor-owned equipment layaway, 

22 $17,008,348,000, to remain available for obligation until 

23 September 30, 2015. 

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1 PROCUREMENT, DEFENSE-WIDE

2 For expenses of activities and agencies of the Depart3 ment of Defense (other than the military departments) 

4 necessary for procurement, production, and modification 

5 of equipment, supplies, materials, and spare parts there6 for, not otherwise provided for; the purchase of passenger 

7 motor vehicles for replacement only; expansion of public 

8 and private plants, equipment, and installation thereof in 

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

10 for the foregoing purposes, and such lands and interests 

11 therein, may be acquired, and construction prosecuted 

12 thereon prior to approval of title; reserve plant and Gov13 ernment and contractor-owned equipment layaway, 

14 $4,692,685,000, to remain available for obligation until 

15 September 30, 2015. 

16 DEFENSE PRODUCTION ACT PURCHASES

17 For activities by the Department of Defense pursuant 

18 to sections 108, 301, 302, and 303 of the Defense Produc19 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

20 2093), $189,189,000, to remain available until expended. 

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1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $8,427,588,000, to remain avail10 able for obligation until September 30, 2014. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $16,646,307,000, to remain avail17 able for obligation until September 30, 2014: Provided, 

18 That funds appropriated in this paragraph which are 

19 available for the V–22 may be used to meet unique oper20 ational requirements of the Special Operations Forces: 

21 Provided further, That funds appropriated in this para22 graph shall be available for the Cobra Judy program. 

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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $25,374,286,000, to remain avail7 able for obligation until September 30, 2014. 

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 DEFENSE-WIDE

10 (INCLUDING TRANSFER OF FUNDS)

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

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

15 as may be designated and determined by the Secretary 

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

17 lease, and operation of facilities and equipment, 

18 $18,419,129,000, to remain available for obligation until 

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

20 available in this paragraph, $200,000,000 for the Defense 

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

23 management and oversight, to conduct research, develop24 ment, test and evaluation to include proof of concept dem25 onstration; engineering, testing, and validation; and tranmstockstill on DSK4VPTVN1PROD with BILLS

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

2 Secretary of Defense may transfer funds provided herein 

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

6 That this transfer authority is in addition to any other 

7 transfer authority available to the Department of Defense: 

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

9 fewer than 30 days prior to making transfers from this 

10 appropriation, notify the congressional defense committees 

11 in writing of the details of any such transfer. 

12 OPERATIONAL TEST AND EVALUATION, DEFENSE

13 For expenses, not otherwise provided for, necessary 

14 for the independent activities of the Director, Operational 

15 Test and Evaluation, in the direction and supervision of 

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

18 and in support of, production decisions; joint operational 

19 testing and evaluation; and administrative expenses in 

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

21 for obligation until September 30, 2014. 

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1 TITLE V 

2 REVOLVING AND MANAGEMENT FUNDS 

3 DEFENSE WORKING CAPITAL FUNDS

4 For the Defense Working Capital Funds, 

5 $1,516,184,000. 

6 NATIONAL DEFENSE SEALIFT FUND

7 For National Defense Sealift Fund programs, 

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

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

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

11 and for the necessary expenses to maintain and preserve 

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

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

18 manufactured in the United States: auxiliary equipment, 

19 including pumps, for all shipboard services; propulsion 

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

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

23 in a contract awarded through the obligation of previously 

24 appropriated funds shall not be considered to be the award 

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

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

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

5 and the Senate that adequate domestic supplies are not 

6 available to meet Department of Defense requirements on 

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

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

10 TITLE VI 

11 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

12 DEFENSE HEALTH PROGRAM

13 For expenses, not otherwise provided for, for medical 

14 and health care programs of the Department of Defense 

15 as authorized by law, $32,240,788,000; of which 

16 $30,707,349,000 shall be for operation and maintenance, 

17 of which not to exceed 1 percent shall remain available 

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

19 $15,954,952,000 may be available for contracts entered 

20 into under the TRICARE program; of which 

21 $506,462,000, to remain available for obligation until Sep22 tember 30, 2015, shall be for procurement; and of which 

23 $1,026,977,000, to remain available for obligation until 

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

25 test and evaluation. 

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1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

2 DEFENSE

3 For expenses, not otherwise provided for, necessary 

4 for the destruction of the United States stockpile of lethal 

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

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

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

12 Chemical Stockpile Emergency Preparedness Program, 

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

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

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

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

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

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

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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of 

5 the Department of Defense, for transfer to appropriations 

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

10 development, test and evaluation, $1,138,263,000: Pro11 vided, That the funds appropriated under this heading 

12 shall be available for obligation for the same time period 

13 and for the same purpose as the appropriation to which 

14 transferred: Provided further, That upon a determination 

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

21 OFFICE OF THE INSPECTOR GENERAL

22 For expenses and activities of the Office of the In23 spector General in carrying out the provisions of the In24 spector General Act of 1978, as amended, $332,921,000, 

25 of which $331,921,000 shall be for operation and maintemstockstill on DSK4VPTVN1PROD with BILLS

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

2 emergencies and extraordinary expenses to be expended on 

3 the approval or authority of the Inspector General, and 

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

6 which $1,000,000, to remain available until September 30, 

7 2015, shall be for procurement. 

8 TITLE VII 

9 RELATED AGENCIES 

10 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

11 DISABILITY SYSTEM FUND

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

14 proper funding level for continuing the operation of the 

15 Central Intelligence Agency Retirement and Disability 

16 System, $514,000,000. 

17 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

18 For necessary expenses of the Intelligence Commu19 nity Management Account, $542,346,000. 

20 TITLE VIII 

21 GENERAL PROVISIONS 

22 SEC. 8001. No part of any appropriation contained 

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

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

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

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

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

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

8 of the percentage increase authorized by law for civilian 

9 employees of the Department of Defense whose pay is 

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

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

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

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

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

19 not apply to foreign national employees of the Department 

20 of Defense in the Republic of Turkey. 

21 SEC. 8003. No part of any appropriation contained 

22 in this Act shall remain available for obligation beyond 

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

24 SEC. 8004. No more than 20 percent of the appro25 priations in this Act which are limited for obligation durmstockstill on DSK4VPTVN1PROD with BILLS

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1 ing the current fiscal year shall be obligated during the 

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

4 duty training of reserve components or summer camp 

5 training of the Reserve Officers’ Training Corps. 

6 (TRANSFER OF FUNDS)

7 SEC. 8005. Upon determination by the Secretary of 

8 Defense that such action is necessary in the national inter9 est, he may, with the approval of the Office of Manage10 ment and Budget, transfer not to exceed $5,000,000,000 

11 of working capital funds of the Department of Defense 

12 or funds made available in this Act to the Department 

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

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

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

17 the appropriation or fund to which transferred: Provided, 

18 That such authority to transfer may not be used unless 

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

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

23 That the Secretary of Defense shall notify the Congress 

24 promptly of all transfers made pursuant to this authority 

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

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

5 than those for which originally appropriated and in no 

6 case where the item for which reprogramming is requested 

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

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

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

11 personnel appropriations shall not be taken into account 

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

13 may be transferred under this section. 

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

16 and adjustments to budget activities corresponding to 

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

18 tables titled ‘‘Committee Recommended Adjustments’’ in 

19 the explanatory statement regarding this Act, the obliga20 tion and expenditure of amounts appropriated or other21 wise made available in this Act for those programs, 

22 projects, and activities for which the amounts appro23 priated exceed the amounts requested are hereby required 

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

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

2 in the text of this Act. 

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

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

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

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

13 transfer authorities for fiscal year 2013: Provided, That 

14 the report shall include— 

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

18 due to enacted rescissions, if appropriate, and the 

19 fiscal year enacted level; 

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

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

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

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

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

3 reprogramming or transfer until the report identified in 

4 subsection (a) is submitted to the congressional defense 

5 committees, unless the Secretary of Defense certifies in 

6 writing to the congressional defense committees that such 

7 reprogramming or transfer is necessary as an emergency 

8 requirement. 

9 (TRANSFER OF FUNDS)

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

13 United States Code, may be maintained in only such 

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

17 That transfers may be made between working capital 

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

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

22 the Office of Management and Budget, except that such 

23 transfers may not be made unless the Secretary of Defense 

24 has notified the Congress of the proposed transfer. Except 

25 in amounts equal to the amounts appropriated to working 

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

2 against a working capital fund to procure or increase the 

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

5 such obligation. 

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

7 be used to initiate a special access program without prior 

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

10 SEC. 8010. (a) None of the funds provided in this 

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

12 that employs economic order quantity procurement in ex13 cess of $20,000,000 in any one year of the contract or 

14 that includes an unfunded contingent liability in excess of 

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

16 leading to a multiyear contract that employs economic 

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

18 any one year, unless the congressional defense committees 

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

23 quantity advance procurement is not funded at least to 

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

25 That no part of any appropriation contained in this Act 

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

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

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

9 present value analysis to determine lowest cost compared 

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

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

12 contract executed after the date of the enactment of this 

13 Act unless in the case of any such contract— 

14 (1) the Secretary of Defense has submitted to 

15 Congress a budget request for full funding of units 

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

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

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

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

24 (2) cancellation provisions in the contract do 

25 not include consideration of recurring manufacturing 

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

4 (3) the contract provides that payments to the 

5 contractor under the contract shall not be made in 

6 advance of incurred costs on funded units; and 

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

9 contract. 

10 Funds appropriated in title III of this Act may be 

11 used for a multiyear procurement contract as follows: 

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

13 DDG–51 Arleigh Burke class Flight IIA guided missile 

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

15 41 Vertical Launching Systems, and Commercial 

16 Broadband Satellite Systems associated with those vessels; 

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

19 Osprey aircraft variants. 

20 (b) The Secretary of Defense may employ incre21 mental funding for the procurement of Virginia class sub22 marines and government-furnished equipment associated 

23 with the Virginia class submarines to be procured during 

24 fiscal years 2013 through 2018 if the Secretary of De25 fense: 

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1 (1) determines that such an approach will per2 mit the Navy to procure an additional Virginia class 

3 submarine in fiscal year 2014; and 

4 (2) intends to use the funding for that purpose. 

5 SEC. 8011. Within the funds appropriated for the op6 eration and maintenance of the Armed Forces, funds are 

7 hereby appropriated pursuant to section 401 of title 10, 

8 United States Code, for humanitarian and civic assistance 

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

10 Such funds may also be obligated for humanitarian and 

11 civic assistance costs incidental to authorized operations 

12 and pursuant to authority granted in section 401 of chap13 ter 20 of title 10, United States Code, and these obliga14 tions shall be reported as required by section 401(d) of 

15 title 10, United States Code: Provided, That funds avail16 able for operation and maintenance shall be available for 

17 providing humanitarian and similar assistance by using 

18 Civic Action Teams in the Trust Territories of the Pacific 

19 Islands and freely associated states of Micronesia, pursu20 ant to the Compact of Free Association as authorized by 

21 Public Law 99–239: Provided further, That upon a deter22 mination by the Secretary of the Army that such action 

23 is beneficial for graduate medical education programs con24 ducted at Army medical facilities located in Hawaii, the 

25 Secretary of the Army may authorize the provision of medmstockstill on DSK4VPTVN1PROD with BILLS

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1 ical services at such facilities and transportation to such 

2 facilities, on a nonreimbursable basis, for civilian patients 

3 from American Samoa, the Commonwealth of the North4 ern Mariana Islands, the Marshall Islands, the Federated 

5 States of Micronesia, Palau, and Guam. 

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

7 personnel of the Department of Defense may not be man8 aged on the basis of any end-strength, and the manage9 ment of such personnel during that fiscal year shall not 

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

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

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

13 (b) The fiscal year 2014 budget request for the De14 partment of Defense as well as all justification material 

15 and other documentation supporting the fiscal year 2014 

16 Department of Defense budget request shall be prepared 

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

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

19 year 2014. 

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

21 to military (civilian) technicians. 

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

23 Act shall be used in any way, directly or indirectly, to in24 fluence congressional action on any legislation or appro25 priation matters pending before the Congress. 

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

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

3 any member of the Army participating as a full-time stu4 dent and receiving benefits paid by the Secretary of Vet5 erans Affairs from the Department of Defense Education 

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

7 credited toward completion of a service commitment: Pro8 vided, That this section shall not apply to those members 

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

10 1987: Provided further, That this section applies only to 

11 active components of the Army. 

12 (TRANSFER OF FUNDS)

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

14 for the Department of Defense Pilot Mentor-Prote ́ge ́ Pro15 gram may be transferred to any other appropriation con16 tained in this Act solely for the purpose of implementing 

17 a Mentor-Prote ́ge ́ Program developmental assistance 

18 agreement pursuant to section 831 of the National De19 fense Authorization Act for Fiscal Year 1991 (Public Law 

20 101–510; 10 U.S.C. 2302 note), as amended, under the 

21 authority of this provision or any other transfer authority 

22 contained in this Act. 

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

24 available for the purchase by the Department of Defense 

25 (and its departments and agencies) of welded shipboard 

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1 anchor and mooring chain 4 inches in diameter and under 

2 unless the anchor and mooring chain are manufactured 

3 in the United States from components which are substan4 tially manufactured in the United States: Provided, That 

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

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

7 of chain and welding (including the forging and shot blast8 ing process): Provided further, That for the purpose of this 

9 section substantially all of the components of anchor and 

10 mooring chain shall be considered to be produced or manu11 factured in the United States if the aggregate cost of the 

12 components produced or manufactured in the United 

13 States exceeds the aggregate cost of the components pro14 duced or manufactured outside the United States: Pro15 vided further, That when adequate domestic supplies are 

16 not available to meet Department of Defense requirements 

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

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

20 on Appropriations that such an acquisition must be made 

21 in order to acquire capability for national security pur22 poses. 

23 SEC. 8017. None of the funds available to the De24 partment of Defense may be used to demilitarize or dis25 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

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1 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

2 to demilitarize or destroy small arms ammunition or am3 munition components that are not otherwise prohibited 

4 from commercial sale under Federal law, unless the small 

5 arms ammunition or ammunition components are certified 

6 by the Secretary of the Army or designee as unserviceable 

7 or unsafe for further use. 

8 SEC. 8018. No more than $500,000 of the funds ap9 propriated or made available in this Act shall be used dur10 ing a single fiscal year for any single relocation of an orga11 nization, unit, activity or function of the Department of 

12 Defense into or within the National Capital Region: Pro13 vided, That the Secretary of Defense may waive this re14 striction on a case-by-case basis by certifying in writing 

15 to the congressional defense committees that such a relo16 cation is required in the best interest of the Government. 

17 SEC. 8019. In addition to the funds provided else18 where in this Act, $15,000,000 is appropriated only for 

19 incentive payments authorized by section 504 of the In20 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

21 That a prime contractor or a subcontractor at any tier 

22 that makes a subcontract award to any subcontractor or 

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

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

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

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1 of title 25, United States Code, shall be considered a con2 tractor for the purposes of being allowed additional com3 pensation under section 504 of the Indian Financing Act 

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

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

6 expenditure of funds appropriated by an Act making Ap7 propriations for the Department of Defense with respect 

8 to any fiscal year: Provided further, That notwithstanding 

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

10 shall be applicable to any Department of Defense acquisi11 tion of supplies or services, including any contract and any 

12 subcontract at any tier for acquisition of commercial items 

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

14 subcontractor or supplier defined in section 1544 of title 

15 25, United States Code, or a small business owned and 

16 controlled by an individual or individuals defined under 

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

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

19 Defense Media Activity shall not be used for any national 

20 or international political or psychological activities. 

21 SEC. 8021. During the current fiscal year, the De22 partment of Defense is authorized to incur obligations of 

23 not to exceed $350,000,000 for purposes specified in sec24 tion 2350j(c) of title 10, United States Code, in anticipa25 tion of receipt of contributions, only from the Government 

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1 of Kuwait, under that section: Provided, That upon re2 ceipt, such contributions from the Government of Kuwait 

3 shall be credited to the appropriations or fund which in4 curred such obligations. 

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

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

7 Civil Air Patrol Corporation, of which— 

8 (1) $28,404,000 shall be available from ‘‘Oper9 ation and Maintenance, Air Force’’ to support Civil 

10 Air Patrol Corporation operation and maintenance, 

11 readiness, counterdrug activities, and drug demand 

12 reduction activities involving youth programs; 

13 (2) $9,298,000 shall be available from ‘‘Aircraft 

14 Procurement, Air Force’’; and 

15 (3) $932,000 shall be available from ‘‘Other 

16 Procurement, Air Force’’ for vehicle procurement. 

17 (b) The Secretary of the Air Force should waive reim18 bursement for any funds used by the Civil Air Patrol for 

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

20 local government agencies. 

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

22 Act are available to establish a new Department of De23 fense (department) federally funded research and develop24 ment center (FFRDC), either as a new entity, or as a 

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1 aging another FFRDC, or as a nonprofit membership cor2 poration consisting of a consortium of other FFRDCs and 

3 other nonprofit entities. 

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

5 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

7 and no paid consultant to any defense FFRDC, except 

8 when acting in a technical advisory capacity, may be com9 pensated for his or her services as a member of such enti10 ty, or as a paid consultant by more than one FFRDC in 

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

12 referred to previously in this subsection shall be allowed 

13 travel expenses and per diem as authorized under the Fed14 eral Joint Travel Regulations, when engaged in the per15 formance of membership duties. 

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

17 of the funds available to the department from any source 

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

19 through a fee or other payment mechanism, for construc20 tion of new buildings, for payment of cost sharing for 

21 projects funded by Government grants, for absorption of 

22 contract overruns, or for certain charitable contributions, 

23 not to include employee participation in community service 

24 and/or development. 

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

2 the funds available to the department during fiscal year 

3 2013, not more than 5,750 staff years of technical effort 

4 (staff years) may be funded for defense FFRDCs: Pro5 vided, That of the specific amount referred to previously 

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

7 be funded for the defense studies and analysis FFRDCs: 

8 Provided further, That this subsection shall not apply to 

9 staff years funded in the National Intelligence Program 

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

11 (e) The Secretary of Defense shall, with the submis12 sion of the department’s fiscal year 2014 budget request, 

13 submit a report presenting the specific amounts of staff 

14 years of technical effort to be allocated for each defense 

15 FFRDC during that fiscal year and the associated budget 

16 estimates. 

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

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

19 or armor steel plate for use in any Government-owned fa20 cility or property under the control of the Department of 

21 Defense which were not melted and rolled in the United 

22 States or Canada: Provided, That these procurement re23 strictions shall apply to any and all Federal Supply Class 

24 9515, American Society of Testing and Materials (ASTM) 

25 or American Iron and Steel Institute (AISI) specifications 

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

2 That the Secretary of the military department responsible 

3 for the procurement may waive this restriction on a case4 by-case basis by certifying in writing to the Committees 

5 on Appropriations of the House of Representatives and the 

6 Senate that adequate domestic supplies are not available 

7 to meet Department of Defense requirements on a timely 

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

9 to acquire capability for national security purposes: Pro10 vided further, That these restrictions shall not apply to 

11 contracts which are in being as of the date of the enact12 ment of this Act. 

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

14 ‘‘congressional defense committees’’ means the Armed 

15 Services Committee of the House of Representatives, the 

16 Armed Services Committee of the Senate, the Sub17 committee on Defense of the Committee on Appropriations 

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

19 Committee on Appropriations of the House of Representa20 tives. 

21 SEC. 8026. During the current fiscal year, the De22 partment of Defense may acquire the modification, depot 

23 maintenance and repair of aircraft, vehicles and vessels 

24 as well as the production of components and other De25 fense-related articles, through competition between Demstockstill on DSK4VPTVN1PROD with BILLS

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1 partment of Defense depot maintenance activities and pri2 vate firms: Provided, That the Senior Acquisition Execu3 tive of the military department or Defense Agency con4 cerned, with power of delegation, shall certify that success5 ful bids include comparable estimates of all direct and in6 direct costs for both public and private bids: Provided fur7 ther, That Office of Management and Budget Circular A– 

8 76 shall not apply to competitions conducted under this 

9 section. 

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

11 consultation with the United States Trade Representative, 

12 determines that a foreign country which is party to an 

13 agreement described in paragraph (2) has violated the 

14 terms of the agreement by discriminating against certain 

15 types of products produced in the United States that are 

16 covered by the agreement, the Secretary of Defense shall 

17 rescind the Secretary’s blanket waiver of the Buy Amer18 ican Act with respect to such types of products produced 

19 in that foreign country. 

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

21 reciprocal defense procurement memorandum of under22 standing, between the United States and a foreign country 

23 pursuant to which the Secretary of Defense has prospec24 tively waived the Buy American Act for certain products 

25 in that country. 

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1 (b) The Secretary of Defense shall submit to the Con2 gress a report on the amount of Department of Defense 

3 purchases from foreign entities in fiscal year 2013. Such 

4 report shall separately indicate the dollar value of items 

5 for which the Buy American Act was waived pursuant to 

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

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

8 international agreement to which the United States is a 

9 party. 

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

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

12 States Code. 

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

14 contained in the Department of Defense Overseas Military 

15 Facility Investment Recovery Account established by sec16 tion 2921(c)(1) of the National Defense Authorization Act 

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

18 be available until expended for the payments specified by 

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

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

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

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

23 tribes located in the States of Nevada, Idaho, North Da24 kota, South Dakota, Montana, Oregon, Minnesota, and 

25 Washington relocatable military housing units located at 

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1 Grand Forks Air Force Base, Malmstrom Air Force Base, 

2 Mountain Home Air Force Base, Ellsworth Air Force 

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

4 needs of the Air Force. 

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

6 no cost to the Air Force, military housing units under sub7 section (a) in accordance with the request for such units 

8 that are submitted to the Secretary by the Operation 

9 Walking Shield Program on behalf of Indian tribes located 

10 in the States of Nevada, Idaho, North Dakota, South Da11 kota, Montana, Oregon, Minnesota, and Washington. Any 

12 such conveyance shall be subject to the condition that the 

13 housing units shall be removed within a reasonable period 

14 of time, as determined by the Secretary. 

15 (c) The Operation Walking Shield Program shall re16 solve any conflicts among requests of Indian tribes for 

17 housing units under subsection (a) before submitting re18 quests to the Secretary of the Air Force under subsection 

19 (b). 

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

21 any recognized Indian tribe included on the current list 

22 published by the Secretary of the Interior under section 

23 104 of the Federally Recognized Indian Tribe Act of 1994 

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

25 1). 

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1 SEC. 8030. During the current fiscal year, appropria2 tions which are available to the Department of Defense 

3 for operation and maintenance may be used to purchase 

4 items having an investment item unit cost of not more 

5 than $250,000. 

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

7 of the appropriations or funds available to the Department 

8 of Defense Working Capital Funds shall be used for the 

9 purchase of an investment item for the purpose of acquir10 ing a new inventory item for sale or anticipated sale dur11 ing the current fiscal year or a subsequent fiscal year to 

12 customers of the Department of Defense Working Capital 

13 Funds if such an item would not have been chargeable 

14 to the Department of Defense Business Operations Fund 

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

16 investment item would be chargeable during the current 

17 fiscal year to appropriations made to the Department of 

18 Defense for procurement. 

19 (b) The fiscal year 2014 budget request for the De20 partment of Defense as well as all justification material 

21 and other documentation supporting the fiscal year 2014 

22 Department of Defense budget shall be prepared and sub23 mitted to the Congress on the basis that any equipment 

24 which was classified as an end item and funded in a pro25 curement appropriation contained in this Act shall be 

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1 budgeted for in a proposed fiscal year 2014 procurement 

2 appropriation and not in the supply management business 

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

4 Defense Working Capital Funds. 

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

6 Act for programs of the Central Intelligence Agency shall 

7 remain available for obligation beyond the current fiscal 

8 year, except for funds appropriated for the Reserve for 

9 Contingencies, which shall remain available until Sep10 tember 30, 2014: Provided, That funds appropriated, 

11 transferred, or otherwise credited to the Central Intel12 ligence Agency Central Services Working Capital Fund 

13 during this or any prior or subsequent fiscal year shall 

14 remain available until expended: Provided further, That 

15 any funds appropriated or transferred to the Central Intel16 ligence Agency for advanced research and development ac17 quisition, for agent operations, and for covert action pro18 grams authorized by the President under section 503 of 

19 the National Security Act of 1947, as amended, shall re20 main available until September 30, 2014. 

21 SEC. 8033. Notwithstanding any other provision of 

22 law, funds made available in this Act for the Defense In23 telligence Agency may be used for the design, develop24 ment, and deployment of General Defense Intelligence 

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1 formation systems for the Services, the Unified and Speci2 fied Commands, and the component commands. 

3 SEC. 8034. Of the funds appropriated to the Depart4 ment of Defense under the heading ‘‘Operation and Main5 tenance, Defense-Wide’’, not less than $12,000,000 shall 

6 be made available only for the mitigation of environmental 

7 impacts, including training and technical assistance to 

8 tribes, related administrative support, the gathering of in9 formation, documenting of environmental damage, and de10 veloping a system for prioritization of mitigation and cost 

11 to complete estimates for mitigation, on Indian lands re12 sulting from Department of Defense activities. 

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

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

15 Defense unless the entity, in expending the funds, com16 plies with the Buy American Act. For purposes of this 

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

18 83 of title 41, United States Code. 

19 (b) If the Secretary of Defense determines that a per20 son has been convicted of intentionally affixing a label 

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

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

23 in America, the Secretary shall determine, in accordance 

24 with section 2410f of title 10, United States Code, whethmstockstill on DSK4VPTVN1PROD with BILLS

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1 er the person should be debarred from contracting with 

2 the Department of Defense. 

3 (c) In the case of any equipment or products pur4 chased with appropriations provided under this Act, it is 

5 the sense of the Congress that any entity of the Depart6 ment of Defense, in expending the appropriation, purchase 

7 only American-made equipment and products, provided 

8 that American-made equipment and products are cost9 competitive, quality competitive, and available in a timely 

10 fashion. 

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

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

13 or consulting services entered into without competition on 

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

15 activity responsible for the procurement determines— 

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

17 only one source is found fully qualified to perform 

18 the proposed work; 

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

20 unsolicited proposal which offers significant sci21 entific or technological promise, represents the prod22 uct of original thinking, and was submitted in con23 fidence by one source; or 

24 (3) the purpose of the contract is to take ad25 vantage of unique and significant industrial accommstockstill on DSK4VPTVN1PROD with BILLS

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1 plishment by a specific concern, or to insure that a 

2 new product or idea of a specific concern is given fi3 nancial support: Provided, That this limitation shall 

4 not apply to contracts in an amount of less than 

5 $25,000, contracts related to improvements of equip6 ment that is in development or production, or con7 tracts as to which a civilian official of the Depart8 ment of Defense, who has been confirmed by the 

9 Senate, determines that the award of such contract 

10 is in the interest of the national defense. 

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

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

13 be used— 

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

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

16 Armed Forces or civilian employee of the depart17 ment who is transferred or reassigned from a head18 quarters activity if the member or employee’s place 

19 of duty remains at the location of that headquarters. 

20 (b) The Secretary of Defense or Secretary of a mili21 tary department may waive the limitations in subsection 

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

23 and certifies to the Committees on Appropriations of the 

24 House of Representatives and Senate that the granting 

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1 of the waiver will reduce the personnel requirements or 

2 the financial requirements of the department. 

3 (c) This section does not apply to— 

4 (1) field operating agencies funded within the 

5 National Intelligence Program; 

6 (2) an Army field operating agency established 

7 to eliminate, mitigate, or counter the effects of im8 provised explosive devices, and, as determined by the 

9 Secretary of the Army, other similar threats; or 

10 (3) an Army field operating agency established 

11 to improve the effectiveness and efficiencies of bio12 metric activities and to integrate common biometric 

13 technologies throughout the Department of Defense. 

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

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

16 22A advanced tactical fighter to any foreign government: 

17 Provided, That the Department of Defense may conduct 

18 or participate in studies, research, design and other activi19 ties to define and develop a future export version of the 

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

21 technologies and U.S. warfighting capabilities. 

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

23 this Act shall be available to convert to contractor per24 formance an activity or function of the Department of De25 fense that, on or after the date of the enactment of this 

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1 Act, is performed by Department of Defense civilian em2 ployees unless— 

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

4 public-private competition that includes a most effi5 cient and cost effective organization plan developed 

6 by such activity or function; 

7 (2) the Competitive Sourcing Official deter8 mines that, over all performance periods stated in 

9 the solicitation of offers for performance of the ac10 tivity or function, the cost of performance of the ac11 tivity or function by a contractor would be less costly 

12 to the Department of Defense by an amount that 

13 equals or exceeds the lesser of— 

14 (A) 10 percent of the most efficient organi15 zation’s personnel-related costs for performance 

16 of that activity or function by Federal employ17 ees; or 

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

19 (3) the contractor does not receive an advan20 tage for a proposal that would reduce costs for the 

21 Department of Defense by— 

22 (A) not making an employer-sponsored 

23 health insurance plan available to the workers 

24 who are to be employed in the performance of 

25 that activity or function under the contract; or 

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1 (B) offering to such workers an employer2 sponsored health benefits plan that requires the 

3 employer to contribute less towards the pre4 mium or subscription share than the amount 

5 that is paid by the Department of Defense for 

6 health benefits for civilian employees under 

7 chapter 89 of title 5, United States Code. 

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

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

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

11 notwithstanding any administrative regulation, require12 ment, or policy to the contrary shall have full authority 

13 to enter into a contract for the performance of any com14 mercial or industrial type function of the Department of 

15 Defense that— 

16 (A) is included on the procurement list estab17 lished pursuant to section 2 of the Javits-Wagner18 O’Day Act (section 8503 of title 41, United States 

19 Code); 

20 (B) is planned to be converted to performance 

21 by a qualified nonprofit agency for the blind or by 

22 a qualified nonprofit agency for other severely handi23 capped individuals in accordance with that Act; or 

24 (C) is planned to be converted to performance 

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1 ship by an Indian tribe, as defined in section 4(e) 

2 of the Indian Self-Determination and Education As3 sistance Act (25 U.S.C. 450b(e)), or a Native Ha4 waiian Organization, as defined in section 8(a)(15) 

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

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

7 or contracts for depot maintenance as provided in sections 

8 2469 and 2474 of title 10, United States Code. 

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

10 Department of Defense under the authority provided by 

11 this section shall be credited toward any competitive or 

12 outsourcing goal, target, or measurement that may be es13 tablished by statute, regulation, or policy and is deemed 

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

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

16 States Code, for the competition or outsourcing of com17 mercial activities. 

18 (RESCISSIONS)

19 SEC. 8040. Of the funds appropriated in Department 

20 of Defense Appropriations Acts, the following funds are 

21 hereby rescinded from the following accounts and pro22 grams in the specified amounts: 

23 ‘‘Shipbuilding and Conversion, Navy, 2007/ 

24 2018’’: DDG–51 Destroyer, $98,400,000; 

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1 ‘‘Shipbuilding and Conversion, Navy, 2007/ 

2 2018’’: DDG–51 Destroyer Advance Procurement, 

3 $2,500,000; 

4 ‘‘Shipbuilding and Conversion, Navy, 2007/ 

5 2018’’: CVN Refueling Overhaul, $14,100,000; 

6 ‘‘Procurement of Ammunition, Army, 2011/ 

7 2013’’, $4,500,000; 

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

9 $114,848,000; 

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

11 $13,760,000; 

12 ‘‘Shipbuilding and Conversion, Navy, 2011/ 

13 2015’’: DDG–51 Destroyer, $215,300,000; 

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

15 $21,086,000; 

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

17 $93,400,000; 

18 ‘‘Missile Procurement, Air Force, 2011/2013’’, 

19 $8,709,000; 

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

21 $9,500,000; 

22 ‘‘Operation and Maintenance, Defense Wide, 

23 2012/XXXX’’, $21,000,000; 

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

25 $47,400,000; 

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

2 $99,608,000; 

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

4 $4,640,000; 

5 ‘‘Shipbuilding and Conversion, Navy, 2012/ 

6 2016’’: Littoral Combat Ship, $28,800,000; 

7 ‘‘Shipbuilding and Conversion, Navy, 2012/ 

8 2016’’: DDG–51 Destroyer, $83,000,000; 

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

10 $25,015,000; 

11 ‘‘Other Procurement, Navy, 2012/2014’’, 

12 $4,800,000; 

13 ‘‘Procurement of Ammunition, Navy and Ma14 rine Corps, 2012/2014’’, $50,703,000; 

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

16 $135,331,000; 

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

18 $581,699,000; 

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

20 $45,898,000; 

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

22 $55,800,000; 

23 ‘‘Procurement, Defense Wide, 2012/2014’’, 

24 $16,000,000; 

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1 ‘‘Research, Development, Test and Evaluation, 

2 Army, 2012/2013’’, $8,000,000; 

3 ‘‘Research, Development, Test and Evaluation, 

4 Navy, 2012/2013’’, $245,254,000; 

5 ‘‘Research, Development, Test and Evaluation, 

6 Air Force, 2012/2013’’, $56,704,000. 

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

8 may be used to reduce the authorized positions for mili9 tary technicians (dual status) of the Army National 

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

11 Reserve for the purpose of applying any administratively 

12 imposed civilian personnel ceiling, freeze, or reduction on 

13 military technicians (dual status), unless such reductions 

14 are a direct result of a reduction in military force struc15 ture. 

16 SEC. 8042. None of the funds appropriated or other17 wise made available in this Act may be obligated or ex18 pended for assistance to the Democratic People’s Republic 

19 of Korea unless specifically appropriated for that purpose. 

20 SEC. 8043. Funds appropriated in this Act for oper21 ation and maintenance of the Military Departments, Com22 batant Commands and Defense Agencies shall be available 

23 for reimbursement of pay, allowances and other expenses 

24 which would otherwise be incurred against appropriations 

25 for the National Guard and Reserve when members of the 

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1 National Guard and Reserve provide intelligence or coun2 terintelligence support to Combatant Commands, Defense 

3 Agencies and Joint Intelligence Activities, including the 

4 activities and programs included within the National Intel5 ligence Program and the Military Intelligence Program: 

6 Provided, That nothing in this section authorizes deviation 

7 from established Reserve and National Guard personnel 

8 and training procedures. 

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

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

11 the civilian medical and medical support personnel as12 signed to military treatment facilities below the September 

13 30, 2003, level: Provided, That the Service Surgeons Gen14 eral may waive this section by certifying to the congres15 sional defense committees that the beneficiary population 

16 is declining in some catchment areas and civilian strength 

17 reductions may be consistent with responsible resource 

18 stewardship and capitation-based budgeting. 

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

20 Department of Defense for any fiscal year for drug inter21 diction or counter-drug activities may be transferred to 

22 any other department or agency of the United States ex23 cept as specifically provided in an appropriations law. 

24 (b) None of the funds available to the Central Intel25 ligence Agency for any fiscal year for drug interdiction 

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1 and counter-drug activities may be transferred to any 

2 other department or agency of the United States except 

3 as specifically provided in an appropriations law. 

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

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

6 bearings other than those produced by a domestic source 

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

8 the military department responsible for such procurement 

9 may waive this restriction on a case-by-case basis by certi10 fying in writing to the Committees on Appropriations of 

11 the House of Representatives and the Senate, that ade12 quate domestic supplies are not available to meet Depart13 ment of Defense requirements on a timely basis and that 

14 such an acquisition must be made in order to acquire ca15 pability for national security purposes: Provided further, 

16 That this restriction shall not apply to the purchase of 

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

18 Office of Federal Procurement Policy Act, except that the 

19 restriction shall apply to ball or roller bearings purchased 

20 as end items. 

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

22 used to purchase any supercomputer which is not manu23 factured in the United States, unless the Secretary of De24 fense certifies to the congressional defense committees 

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

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1 capability for national security purposes that is not avail2 able from United States manufacturers. 

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

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

5 officer or employee of the Department of Defense who ap6 proves or implements the transfer of administrative re7 sponsibilities or budgetary resources of any program, 

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

9 of another Federal agency not financed by this Act with10 out the express authorization of Congress: Provided, That 

11 this limitation shall not apply to transfers of funds ex12 pressly provided for in Defense Appropriations Acts, or 

13 provisions of Acts providing supplemental appropriations 

14 for the Department of Defense. 

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

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

17 Defense for the current fiscal year may be obligated or 

18 expended to transfer to another nation or an international 

19 organization any defense articles or services (other than 

20 intelligence services) for use in the activities described in 

21 subsection (b) unless the congressional defense commit22 tees, the Committee on Foreign Affairs of the House of 

23 Representatives, and the Committee on Foreign Relations 

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

25 transfer. 

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1 (b) This section applies to— 

2 (1) any international peacekeeping or peace-en3 forcement operation under the authority of chapter 

4 VI or chapter VII of the United Nations Charter 

5 under the authority of a United Nations Security 

6 Council resolution; and 

7 (2) any other international peacekeeping, peace8 enforcement, or humanitarian assistance operation. 

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

10 following: 

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

12 services to be transferred. 

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

14 supplies, or services to be transferred. 

15 (3) In the case of a proposed transfer of equip16 ment or supplies— 

17 (A) a statement of whether the inventory 

18 requirements of all elements of the Armed 

19 Forces (including the reserve components) for 

20 the type of equipment or supplies to be trans21 ferred have been met; and 

22 (B) a statement of whether the items pro23 posed to be transferred will have to be replaced 

24 and, if so, how the President proposes to pro25 vide funds for such replacement. 

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1 SEC. 8050. None of the funds available to the De2 partment of Defense under this Act shall be obligated or 

3 expended to pay a contractor under a contract with the 

4 Department of Defense for costs of any amount paid by 

5 the contractor to an employee when— 

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

7 excess of the normal salary paid by the contractor 

8 to the employee; and 

9 (2) such bonus is part of restructuring costs as10 sociated with a business combination. 

11 (INCLUDING TRANSFER OF FUNDS)

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

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

14 under the heading ‘‘Operation and Maintenance, Defense15 Wide’’ may be transferred to appropriations available for 

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

17 be available for the same time period as the appropriations 

18 to which transferred, to be used in support of such per19 sonnel in connection with support and services for eligible 

20 organizations and activities outside the Department of De21 fense pursuant to section 2012 of title 10, United States 

22 Code. 

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

24 of an appropriation account of the Department of Defense 

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1 pired or which has closed under the provisions of section 

2 1552 of title 31, United States Code, and which has a 

3 negative unliquidated or unexpended balance, an obliga4 tion or an adjustment of an obligation may be charged 

5 to any current appropriation account for the same purpose 

6 as the expired or closed account if— 

7 (1) the obligation would have been properly 

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

9 closed account before the end of the period of avail10 ability or closing of that account; 

11 (2) the obligation is not otherwise properly 

12 chargeable to any current appropriation account of 

13 the Department of Defense; and 

14 (3) in the case of an expired account, the obli15 gation is not chargeable to a current appropriation 

16 of the Department of Defense under the provisions 

17 of section 1405(b)(8) of the National Defense Au18 thorization Act for Fiscal Year 1991, Public Law 

19 101–510, as amended (31 U.S.C. 1551 note): Pro20 vided, That in the case of an expired account, if sub21 sequent review or investigation discloses that there 

22 was not in fact a negative unliquidated or unex23 pended balance in the account, any charge to a cur24 rent account under the authority of this section shall 

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1 count: Provided further, That the total amount 

2 charged to a current appropriation under this sec3 tion may not exceed an amount equal to 1 percent 

4 of the total appropriation for that account. 

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

6 of law, the Chief of the National Guard Bureau may per7 mit the use of equipment of the National Guard Distance 

8 Learning Project by any person or entity on a space-avail9 able, reimbursable basis. The Chief of the National Guard 

10 Bureau shall establish the amount of reimbursement for 

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

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

13 credited to funds available for the National Guard Dis14 tance Learning Project and be available to defray the costs 

15 associated with the use of equipment of the project under 

16 that subsection. Such funds shall be available for such 

17 purposes without fiscal year limitation. 

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

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

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

21 States Code, may implement cost-effective agreements for 

22 required heating facility modernization in the 

23 Kaiserslautern Military Community in the Federal Repub24 lic of Germany: Provided, That in the City of 

25 Kaiserslautern and at the Rhine Ordnance Barracks area, 

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1 such agreements will include the use of United States an2 thracite as the base load energy for municipal district heat 

3 to the United States Defense installations: Provided fur4 ther, That at Landstuhl Army Regional Medical Center 

5 and Ramstein Air Base, furnished heat may be obtained 

6 from private, regional or municipal services, if provisions 

7 are included for the consideration of United States coal 

8 as an energy source. 

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

10 IV of this Act may be used to procure end-items for deliv11 ery to military forces for operational training, operational 

12 use or inventory requirements: Provided, That this restric13 tion does not apply to end-items used in development, 

14 prototyping, and test activities preceding and leading to 

15 acceptance for operational use: Provided further, That this 

16 restriction does not apply to programs funded within the 

17 National Intelligence Program: Provided further, That the 

18 Secretary of Defense may waive this restriction on a case19 by-case basis by certifying in writing to the Committees 

20 on Appropriations of the House of Representatives and the 

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

22 so. 

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

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

25 each limitation on the procurement of defense items from 

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1 foreign sources provided in law if the Secretary determines 

2 that the application of the limitation with respect to that 

3 country would invalidate cooperative programs entered 

4 into between the Department of Defense and the foreign 

5 country, or would invalidate reciprocal trade agreements 

6 for the procurement of defense items entered into under 

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

8 country does not discriminate against the same or similar 

9 defense items produced in the United States for that coun10 try. 

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

12 (1) contracts and subcontracts entered into on 

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

14 (2) options for the procurement of items that 

15 are exercised after such date under contracts that 

16 are entered into before such date if the option prices 

17 are adjusted for any reason other than the applica18 tion of a waiver granted under subsection (a). 

19 (c) Subsection (a) does not apply to a limitation re20 garding construction of public vessels, ball and roller bear21 ings, food, and clothing or textile materials as defined by 

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

23 Schedule and products classified under headings 4010, 

24 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

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1 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

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

4 this Act may be used to support any training program in5 volving a unit of the security forces or police of a foreign 

6 country if the Secretary of Defense has received credible 

7 information from the Department of State that the unit 

8 has committed a gross violation of human rights, unless 

9 all necessary corrective steps have been taken. 

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

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

12 to conduct any training program referred to in subsection 

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

14 available to the Department of State relating to human 

15 rights violations by foreign security forces. 

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

17 the Secretary of State, may waive the prohibition in sub18 section (a) if he determines that such waiver is required 

19 by extraordinary circumstances. 

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

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

22 submit a report to the congressional defense committees 

23 describing the extraordinary circumstances, the purpose 

24 and duration of the training program, the United States 

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1 ing program, and the information relating to human rights 

2 violations that necessitates the waiver. 

3 SEC. 8058. None of the funds appropriated or other4 wise made available by this or other Department of De5 fense Appropriations Acts may be obligated or expended 

6 for the purpose of performing repairs or maintenance to 

7 military family housing units of the Department of De8 fense, including areas in such military family housing 

9 units that may be used for the purpose of conducting offi10 cial Department of Defense business. 

11 SEC. 8059. Notwithstanding any other provision of 

12 law, funds appropriated in this Act under the heading 

13 ‘‘Research, Development, Test and Evaluation, Defense14 Wide’’ for any new start advanced concept technology 

15 demonstration project or joint capability demonstration 

16 project may only be obligated 45 days after a report, in17 cluding a description of the project, the planned acquisi18 tion and transition strategy and its estimated annual and 

19 total cost, has been provided in writing to the congres20 sional defense committees: Provided, That the Secretary 

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

22 basis by certifying to the congressional defense committees 

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

24 SEC. 8060. The Secretary of Defense shall provide 

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1 ment of this Act, to the House and Senate Appropriations 

2 Committees, Subcommittees on Defense on certain mat3 ters as directed in the classified annex accompanying this 

4 Act. 

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

6 the funds available to the Department of Defense may be 

7 used to provide support to another department or agency 

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

9 than 90 days in arrears in making payment to the Depart10 ment of Defense for goods or services previously provided 

11 to such department or agency on a reimbursable basis: 

12 Provided, That this restriction shall not apply if the de13 partment is authorized by law to provide support to such 

14 department or agency on a nonreimbursable basis, and is 

15 providing the requested support pursuant to such author16 ity: Provided further, That the Secretary of Defense may 

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

18 in writing to the Committees on Appropriations of the 

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

20 national security interest to do so. 

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

22 10, United States Code, a Reserve who is a member of 

23 the National Guard serving on full-time National Guard 

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

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1 may perform duties in support of the ground-based ele2 ments of the National Ballistic Missile Defense System. 

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

4 may be used to transfer to any nongovernmental entity 

5 ammunition held by the Department of Defense that has 

6 a center-fire cartridge and a United States military no7 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

10 entity performing demilitarization services for the Depart11 ment of Defense under a contract that requires the entity 

12 to demonstrate to the satisfaction of the Department of 

13 Defense that armor piercing projectiles are either: (1) ren14 dered incapable of reuse by the demilitarization process; 

15 or (2) used to manufacture ammunition pursuant to a con16 tract with the Department of Defense or the manufacture 

17 of ammunition for export pursuant to a License for Per18 manent Export of Unclassified Military Articles issued by 

19 the Department of State. 

20 SEC. 8064. Notwithstanding any other provision of 

21 law, the Chief of the National Guard Bureau, or his des22 ignee, may waive payment of all or part of the consider23 ation that otherwise would be required under section 2667 

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

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

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

2 United States Code, or any other youth, social, or fra3 ternal nonprofit organization as may be approved by the 

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

5 a case-by-case basis. 

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

7 Act shall be used for the support of any nonappropriated 

8 funds activity of the Department of Defense that procures 

9 malt beverages and wine with nonappropriated funds for 

10 resale (including such alcoholic beverages sold by the 

11 drink) on a military installation located in the United 

12 States unless such malt beverages and wine are procured 

13 within that State, or in the case of the District of Colum14 bia, within the District of Columbia, in which the military 

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

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

17 purchases may be made in any State in which the installa18 tion is located: Provided further, That such local procure19 ment requirements for malt beverages and wine shall 

20 apply to all alcoholic beverages only for military installa21 tions in States which are not contiguous with another 

22 State: Provided further, That alcoholic beverages other 

23 than wine and malt beverages, in contiguous States and 

24 the District of Columbia shall be procured from the most 

25 competitive source, price and other factors considered. 

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1 (INCLUDING TRANSFER OF FUNDS)

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

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

4 $133,381,000 shall remain available until expended: Pro5 vided, That notwithstanding any other provision of law, 

6 the Secretary of Defense is authorized to transfer such 

7 funds to other activities of the Federal Government: Pro8 vided further, That the Secretary of Defense is authorized 

9 to enter into and carry out contracts for the acquisition 

10 of real property, construction, personal services, and oper11 ations related to projects carrying out the purposes of this 

12 section: Provided further, That contracts entered into 

13 under the authority of this section may provide for such 

14 indemnification as the Secretary determines to be nec15 essary: Provided further, That projects authorized by this 

16 section shall comply with applicable Federal, State, and 

17 local law to the maximum extent consistent with the na18 tional security, as determined by the Secretary of Defense. 

19 SEC. 8067. Section 8106 of the Department of De20 fense Appropriations Act, 1997 (titles I through VIII of 

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

22 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con23 tinue in effect to apply to disbursements that are made 

24 by the Department of Defense in fiscal year 2013. 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8068. During the current fiscal year, not to ex3 ceed $200,000,000 from funds available under ‘‘Operation 

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

5 the Department of State ‘‘Global Security Contingency 

6 Fund’’: Provided, That this transfer authority is in addi7 tion to any other transfer authority available to the De8 partment of Defense: Provided further, That the Secretary 

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

10 transfers to the Department of State ‘‘Global Security 

11 Contingency Fund’’, notify the congressional defense com12 mittees in writing with the source of funds and a detailed 

13 justification, execution plan, and timeline for each pro14 posed project. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8069. Of the amounts appropriated in this Act 

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

18 ‘‘Research, Development, Test and Evaluation, Defense19 Wide’’, $479,736,000 shall be for the Israeli Cooperative 

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

21 shall be for the Secretary of Defense to provide to the Gov22 ernment of Israel for the procurement of the Iron Dome 

23 defense system to counter short-range rocket threats, 

24 $149,679,000 shall be for the Short Range Ballistic Mis25 sile Defense (SRBMD) program, including cruise missile 

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1 defense research and development under the SRBMD pro2 gram, of which $39,200,000 shall be for production activi3 ties of SRBMD missiles in the United States and in Israel 

4 to meet Israel’s defense requirements consistent with each 

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

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

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

8 shall be for the Arrow System Improvement Program in9 cluding development of a long range, ground and airborne, 

10 detection suite: Provided further, That funds made avail11 able under this provision for production of missiles and 

12 missile components may be transferred to appropriations 

13 available for the procurement of weapons and equipment, 

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

15 period and the same purposes as the appropriation to 

16 which transferred: Provided further, That the transfer au17 thority provided under this provision is in addition to any 

18 other transfer authority contained in this Act. 

19 SEC. 8070. (a) None of the funds available to the 

20 Department of Defense may be obligated to modify com21 mand and control relationships to give Fleet Forces Com22 mand operational and administrative control of U.S. Navy 

23 forces assigned to the Pacific fleet. 

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

25 of Defense may be obligated to modify command and conmstockstill on DSK4VPTVN1PROD with BILLS

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1 trol relationships to give United States Transportation 

2 Command operational and administrative control of C– 

3 130 and KC–135 forces assigned to the Pacific and Euro4 pean Air Force Commands. 

5 (c) The command and control relationships in sub6 sections (a) and (b) which existed on March 13, 2011, 

7 shall remain in force unless changes are specifically au8 thorized in a subsequent Act. 

9 (d) This subsection does not apply to administrative 

10 control of Navy Air and Missile Defense Command. 

11 (INCLUDING TRANSFER OF FUNDS)

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

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

14 $372,573,000 shall be available until September 30, 2013, 

15 to fund prior year shipbuilding cost increases: Provided, 

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

17 Navy shall transfer funds to the following appropriations 

18 in the amounts specified: Provided further, That the 

19 amounts transferred shall be merged with and be available 

20 for the same purposes as the appropriations to which 

21 transferred to: 

22 (1) Under the heading ‘‘Shipbuilding and Con23 version, Navy, 2007/2013’’: LHA Replacement Pro24 gram $156,685,000; 

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1 (2) Under the heading ‘‘Shipbuilding and Con2 version, Navy, 2008/2013’’: LPD–17 Amphibious 

3 Transport Dock Program $80,888,000; and 

4 (3) Under the heading ‘‘Shipbuilding and Con5 version, Navy, 2009/2013’’: CVN Refueling Over6 hauls Program $135,000,000. 

7 SEC. 8072. Funds appropriated by this Act, or made 

8 available by the transfer of funds in this Act, for intel9 ligence activities are deemed to be specifically authorized 

10 by the Congress for purposes of section 504 of the Na11 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

12 year 2013 until the enactment of the Intelligence Author13 ization Act for Fiscal Year 2013. 

14 SEC. 8073. None of the funds provided in this Act 

15 shall be available for obligation or expenditure through a 

16 reprogramming of funds that creates or initiates a new 

17 program, project, or activity unless such program, project, 

18 or activity must be undertaken immediately in the interest 

19 of national security and only after written prior notifica20 tion to the congressional defense committees. 

21 SEC. 8074. The budget of the President for fiscal 

22 year 2014 submitted to the Congress pursuant to section 

23 1105 of title 31, United States Code, shall include sepa24 rate budget justification documents for costs of United 

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1 ations for the Military Personnel accounts, the Operation 

2 and Maintenance accounts, and the Procurement ac3 counts: Provided, That these documents shall include a de4 scription of the funding requested for each contingency op5 eration, for each military service, to include all Active and 

6 Reserve components, and for each appropriations account: 

7 Provided further, That these documents shall include esti8 mated costs for each element of expense or object class, 

9 a reconciliation of increases and decreases for each contin10 gency operation, and programmatic data including, but 

11 not limited to, troop strength for each Active and Reserve 

12 component, and estimates of the major weapons systems 

13 deployed in support of each contingency: Provided further, 

14 That these documents shall include budget exhibits OP– 

15 5 and OP–32 (as defined in the Department of Defense 

16 Financial Management Regulation) for all contingency op17 erations for the budget year and the two preceding fiscal 

18 years. 

19 SEC. 8075. None of the funds in this Act may be 

20 used for research, development, test, evaluation, procure21 ment or deployment of nuclear armed interceptors of a 

22 missile defense system. 

23 SEC. 8076. In addition to the amounts appropriated 

24 or otherwise made available elsewhere in this Act, 

25 $20,000,000 is hereby appropriated to the Department of 

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1 Defense: Provided, That upon the determination of the 

2 Secretary of Defense that it shall serve the national inter3 est, he shall make grants in the amount specified as fol4 lows: $20,000,000 to the United Service Organizations. 

5 SEC. 8077. None of the funds appropriated or made 

6 available in this Act shall be used to reduce or disestablish 

7 the operation of the 53rd Weather Reconnaissance Squad8 ron of the Air Force Reserve, if such action would reduce 

9 the WC–130 Weather Reconnaissance mission below the 

10 levels funded in this Act: Provided, That the Air Force 

11 shall allow the 53rd Weather Reconnaissance Squadron to 

12 perform other missions in support of national defense re13 quirements during the non-hurricane season. 

14 SEC. 8078. None of the funds provided in this Act 

15 shall be available for integration of foreign intelligence in16 formation unless the information has been lawfully col17 lected and processed during the conduct of authorized for18 eign intelligence activities: Provided, That information 

19 pertaining to United States persons shall only be handled 

20 in accordance with protections provided in the Fourth 

21 Amendment of the United States Constitution as imple22 mented through Executive Order No. 12333. 

23 SEC. 8079. (a) At the time members of reserve com24 ponents of the Armed Forces are called or ordered to ac25 tive duty under section 12302(a) of title 10, United States 

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1 Code, each member shall be notified in writing of the ex2 pected period during which the member will be mobilized. 

3 (b) The Secretary of Defense may waive the require4 ments of subsection (a) in any case in which the Secretary 

5 determines that it is necessary to do so to respond to a 

6 national security emergency or to meet dire operational 

7 requirements of the Armed Forces. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8080. The Secretary of Defense may transfer 

10 funds from any available Department of the Navy appro11 priation to any available Navy ship construction appro12 priation for the purpose of liquidating necessary changes 

13 resulting from inflation, market fluctuations, or rate ad14 justments for any ship construction program appropriated 

15 in law: Provided, That the Secretary may transfer not to 

16 exceed $100,000,000 under the authority provided by this 

17 section: Provided further, That the Secretary may not 

18 transfer any funds until 30 days after the proposed trans19 fer has been reported to the Committees on Appropria20 tions of the House of Representatives and the Senate, un21 less a response from the Committees is received sooner: 

22 Provided further, That any funds transferred pursuant to 

23 this section shall retain the same period of availability as 

24 when originally appropriated: Provided further, That the 

25 transfer authority provided by this section is in addition 

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1 to any other transfer authority contained elsewhere in this 

2 Act. 

3 SEC. 8081. For purposes of section 7108 of title 41, 

4 United States Code, any subdivision of appropriations 

5 made under the heading ‘‘Shipbuilding and Conversion, 

6 Navy’’ that is not closed at the time reimbursement is 

7 made shall be available to reimburse the Judgment Fund 

8 and shall be considered for the same purposes as any sub9 division under the heading ‘‘Shipbuilding and Conversion, 

10 Navy’’ appropriations in the current fiscal year or any 

11 prior fiscal year. 

12 SEC. 8082. (a) None of the funds appropriated by 

13 this Act may be used to transfer research and develop14 ment, acquisition, or other program authority relating to 

15 current tactical unmanned aerial vehicles (TUAVs) from 

16 the Army. 

17 (b) The Army shall retain responsibility for and oper18 ational control of the MQ–1C Gray Eagle Unmanned Aer19 ial Vehicle (UAV) in order to support the Secretary of De20 fense in matters relating to the employment of unmanned 

21 aerial vehicles. 

22 SEC. 8083. Up to $15,000,000 of the funds appro23 priated under the heading ‘‘Operation and Maintenance, 

24 Navy’’ may be made available for the Asia Pacific Re25 gional Initiative Program for the purpose of enabling the 

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1 Pacific Command to execute Theater Security Cooperation 

2 activities such as humanitarian assistance, and payment 

3 of incremental and personnel costs of training and exer4 cising with foreign security forces: Provided, That funds 

5 made available for this purpose may be used, notwith6 standing any other funding authorities for humanitarian 

7 assistance, security assistance or combined exercise ex8 penses: Provided further, That funds may not be obligated 

9 to provide assistance to any foreign country that is other10 wise prohibited from receiving such type of assistance 

11 under any other provision of law. 

12 SEC. 8084. None of the funds appropriated by this 

13 Act for programs of the Office of the Director of National 

14 Intelligence shall remain available for obligation beyond 

15 the current fiscal year, except for funds appropriated for 

16 research and technology, which shall remain available until 

17 September 30, 2014. 

18 SEC. 8085. For purposes of section 1553(b) of title 

19 31, United States Code, any subdivision of appropriations 

20 made in this Act under the heading ‘‘Shipbuilding and 

21 Conversion, Navy’’ shall be considered to be for the same 

22 purpose as any subdivision under the heading ‘‘Ship23 building and Conversion, Navy’’ appropriations in any 

24 prior fiscal year, and the 1 percent limitation shall apply 

25 to the total amount of the appropriation. 

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1 SEC. 8086. The Director of National Intelligence 

2 shall include the budget exhibits identified in paragraphs 

3 (1) and (2) as described in the Department of Defense 

4 Financial Management Regulation with the congressional 

5 budget justification books: 

6 (1) For procurement programs requesting more 

7 than $10,000,000 in any fiscal year, the P–1, Pro8 curement Program; P–5, Cost Analysis; P–5a, Pro9 curement History and Planning; P–21, Production 

10 Schedule; and P–40, Budget Item Justification. 

11 (2) For research, development, test and evalua12 tion projects requesting more than $5,000,000 in 

13 any fiscal year, the R–1, Research, Development, 

14 Test and Evaluation Program; R–2, Research, De15 velopment, Test and Evaluation Budget Item Jus16 tification; R–3, Research, Development, Test and 

17 Evaluation Project Cost Analysis; and R–4, Re18 search, Development, Test and Evaluation Program 

19 Schedule Profile. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8087. Notwithstanding any other provision of 

22 law, the Secretary of the Army may use up to $25,000,000 

23 of funds appropriated for Operation and Maintenance, 

24 Army in this Act for real property maintenance and repair 

25 projects and activities at Arlington National Cemetery. 

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1 SEC. 8088. (a) Not later than 60 days after enact2 ment of this Act, the Director of National Intelligence 

3 shall submit a report to the congressional intelligence com4 mittees to establish the baseline for application of re5 programming and transfer authorities for fiscal year 

6 2013: Provided, That the report shall include— 

7 (1) a table for each appropriation with a sepa8 rate column to display the President’s budget re9 quest, adjustments made by Congress, adjustments 

10 due to enacted rescissions, if appropriate, and the 

11 fiscal year enacted level; 

12 (2) a delineation in the table for each appro13 priation by Expenditure Center and project; and 

14 (3) an identification of items of special congres15 sional interest. 

16 (b) None of the funds provided for the National Intel17 ligence Program in this Act shall be available for re18 programming or transfer until the report identified in sub19 section (a) is submitted to the congressional intelligence 

20 committees, unless the Director of National Intelligence 

21 certifies in writing to the congressional intelligence com22 mittees that such reprogramming or transfer is necessary 

23 as an emergency requirement. 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8089. Of the funds appropriated in the Intel3 ligence Community Management Account for the Program 

4 Manager for the Information Sharing Environment, 

5 $20,000,000 is available for transfer by the Director of 

6 National Intelligence to other departments and agencies 

7 for purposes of Government-wide information sharing ac8 tivities: Provided, That funds transferred under this provi9 sion are to be merged with and available for the same pur10 poses and time period as the appropriation to which trans11 ferred: Provided further, That the Office of Management 

12 and Budget must approve any transfers made under this 

13 provision. 

14 SEC. 8090. The Director of National Intelligence 

15 shall submit to Congress each year, at or about the time 

16 that the President’s budget is submitted to Congress that 

17 year under section 1105(a) of title 31, United States 

18 Code, a future-years intelligence program (including asso19 ciated annexes) reflecting the estimated expenditures and 

20 proposed appropriations included in that budget. Any such 

21 future-years intelligence program shall cover the fiscal 

22 year with respect to which the budget is submitted and 

23 at least the four succeeding fiscal years. 

24 SEC. 8091. For the purposes of this Act, the term 

25 ‘‘congressional intelligence committees’’ means the Permamstockstill on DSK4VPTVN1PROD with BILLS

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1 nent Select Committee on Intelligence of the House of 

2 Representatives, the Select Committee on Intelligence of 

3 the Senate, the Subcommittee on Defense of the Com4 mittee on Appropriations of the House of Representatives, 

5 and the Subcommittee on Defense of the Committee on 

6 Appropriations of the Senate. 

7 SEC. 8092. The Department of Defense shall con8 tinue to report incremental contingency operations costs 

9 for Operation New Dawn and Operation Enduring Free10 dom on a monthly basis in the Cost of War Execution 

11 Report as prescribed in the Department of Defense Finan12 cial Management Regulation Department of Defense In13 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

14 Operations’’, Annex 1, dated September 2005. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8093. During the current fiscal year, not to ex17 ceed $11,000,000 from each of the appropriations made 

18 in title II of this Act for ‘‘Operation and Maintenance, 

19 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper20 ation and Maintenance, Air Force’’ may be transferred by 

21 the military department concerned to its central fund es22 tablished for Fisher Houses and Suites pursuant to sec23 tion 2493(d) of title 10, United States Code. 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8094. Funds appropriated by this Act for oper3 ation and maintenance may be available for the purpose 

4 of making remittances to the Defense Acquisition Work5 force Development Fund in accordance with the require6 ments of section 1705 of title 10, United States Code. 

7 SEC. 8095. (a) Any agency receiving funds made 

8 available in this Act, shall, subject to subsections (b) and 

9 (c), post on the public website of that agency any report 

10 required to be submitted by the Congress in this or any 

11 other Act, upon the determination by the head of the agen12 cy that it shall serve the national interest. 

13 (b) Subsection (a) shall not apply to a report if— 

14 (1) the public posting of the report com15 promises national security; or 

16 (2) the report contains proprietary information. 

17 (c) The head of the agency posting such report shall 

18 do so only after such report has been made available to 

19 the requesting Committee or Committees of Congress for 

20 no less than 45 days. 

21 SEC. 8096. (a) None of the funds appropriated or 

22 otherwise made available by this Act may be expended for 

23 any Federal contract for an amount in excess of 

24 $1,000,000, unless the contractor agrees not to— 

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1 (1) enter into any agreement with any of its 

2 employees or independent contractors that requires, 

3 as a condition of employment, that the employee or 

4 independent contractor agree to resolve through ar5 bitration any claim under title VII of the Civil 

6 Rights Act of 1964 or any tort related to or arising 

7 out of sexual assault or harassment, including as8 sault and battery, intentional infliction of emotional 

9 distress, false imprisonment, or negligent hiring, su10 pervision, or retention; or 

11 (2) take any action to enforce any provision of 

12 an existing agreement with an employee or inde13 pendent contractor that mandates that the employee 

14 or independent contractor resolve through arbitra15 tion any claim under title VII of the Civil Rights Act 

16 of 1964 or any tort related to or arising out of sex17 ual assault or harassment, including assault and 

18 battery, intentional infliction of emotional distress, 

19 false imprisonment, or negligent hiring, supervision, 

20 or retention. 

21 (b) None of the funds appropriated or otherwise 

22 made available by this Act may be expended for any Fed23 eral contract unless the contractor certifies that it requires 

24 each covered subcontractor to agree not to enter into, and 

25 not to take any action to enforce any provision of, any 

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1 agreement as described in paragraphs (1) and (2) of sub2 section (a), with respect to any employee or independent 

3 contractor performing work related to such subcontract. 

4 For purposes of this subsection, a ‘‘covered subcon5 tractor’’ is an entity that has a subcontract in excess of 

6 $1,000,000 on a contract subject to subsection (a). 

7 (c) The prohibitions in this section do not apply with 

8 respect to a contractor’s or subcontractor’s agreements 

9 with employees or independent contractors that may not 

10 be enforced in a court of the United States. 

11 (d) The Secretary of Defense may waive the applica12 tion of subsection (a) or (b) to a particular contractor or 

13 subcontractor for the purposes of a particular contract or 

14 subcontract if the Secretary or the Deputy Secretary per15 sonally determines that the waiver is necessary to avoid 

16 harm to national security interests of the United States, 

17 and that the term of the contract or subcontract is not 

18 longer than necessary to avoid such harm. The determina19 tion shall set forth with specificity the grounds for the 

20 waiver and for the contract or subcontract term selected, 

21 and shall state any alternatives considered in lieu of a 

22 waiver and the reasons each such alternative would not 

23 avoid harm to national security interests of the United 

24 States. The Secretary of Defense shall transmit to Con25 gress, and simultaneously make public, any determination 

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1 under this subsection not less than 15 business days be2 fore the contract or subcontract addressed in the deter3 mination may be awarded. 

4 SEC. 8097. None of the funds made available under 

5 this Act may be distributed to the Association of Commu6 nity Organizations for Reform Now (ACORN) or its sub7 sidiaries. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8098. From within the funds appropriated for 

10 operation and maintenance for the Defense Health Pro11 gram in this Act, up to $139,204,000, shall be available 

12 for transfer to the Joint Department of Defense-Depart13 ment of Veterans Affairs Medical Facility Demonstration 

14 Fund in accordance with the provisions of section 1704 

15 of the National Defense Authorization Act for Fiscal Year 

16 2010, Public Law 111–84: Provided, That for purposes 

17 of section 1704(b), the facility operations funded are oper18 ations of the integrated Captain James A. Lovell Federal 

19 Health Care Center, consisting of the North Chicago Vet20 erans Affairs Medical Center, the Navy Ambulatory Care 

21 Center, and supporting facilities designated as a combined 

22 Federal medical facility as described by section 706 of 

23 Public Law 110–417: Provided further, That additional 

24 funds may be transferred from funds appropriated for op25 eration and maintenance for the Defense Health Program 

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1 to the Joint Department of Defense-Department of Vet2 erans Affairs Medical Facility Demonstration Fund upon 

3 written notification by the Secretary of Defense to the 

4 Committees on Appropriations of the House of Represent5 atives and the Senate. 

6 SEC. 8099. (a) In this section the term ‘‘conference’’ 

7 has the meaning given that term under section 300-3.1 

8 of title 41, Code of Federal Regulations, or any successor 

9 thereto. 

10 (b) A grant or contract funded by amounts made 

11 available under this Act may not be used for the purpose 

12 of defraying the cost of a conference that is not directly 

13 and programmatically related to the purpose of the pro14 gram under which the grant or contract was awarded. 

15 (c)(1) Except as provided in paragraph (3), the De16 partment of Defense may not sponsor or host a conference 

17 for which the cost to the Department is expected to be 

18 more than $100,000 using amounts made available under 

19 this Act, unless the Deputy Secretary of Defense approves 

20 sponsoring or hosting the conference. 

21 (2)(A) Except as provided in subparagraph (B) or 

22 paragraph (3), the Department of Defense may not spon23 sor or host a conference for which the cost to the Depart24 ment is expected to be more than $500,000 using amounts 

25 made available under this Act. 

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1 (B) The Deputy Secretary of Defense may 

2 waive the prohibition under subparagraph (A) if the 

3 Deputy Secretary determines that it is in the inter4 est of national security to spend more than 

5 $500,000 on a conference. 

6 (3) For purposes of a conference sponsored or hosted 

7 by the Office of the Inspector General of the Department 

8 of Defense, the Inspector General shall discharge the au9 thorities and responsibilities of the Deputy Secretary of 

10 Defense under this subsection. 

11 (d) Not later than October 31, 2013, the Deputy Sec12 retary of Defense shall provide a publicly available report 

13 of all Department-sponsored conferences during fiscal year 

14 2013 where the cost to the Department is more than 

15 $100,000 using amounts made available under this Act, 

16 which— 

17 (1) shall include, for each such conference— 

18 (A) the cost of the conference to the De19 partment of Defense; 

20 (B) the location of the conference; 

21 (C) the date of the conference; 

22 (D) a brief explanation of how the con23 ference advanced the mission of the Depart24 ment of Defense; 

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1 (E) the total number of individuals whose 

2 travel expenses or other conference expenses 

3 were paid by the Department of Defense; and 

4 (F) any waiver made under subsection 

5 (c)(2)(B); and 

6 (2) shall not include any confidential or simi7 larly sensitive information. 

8 SEC. 8100. None of the funds appropriated or other9 wise made available by this Act may be obligated or ex10 pended to pay a retired general or flag officer to serve 

11 as a senior mentor advising the Department of Defense 

12 unless such retired officer files a Standard Form 278 (or 

13 successor form concerning public financial disclosure 

14 under part 2634 of title 5, Code of Federal Regulations) 

15 to the Office of Government Ethics. 

16 SEC. 8101. Appropriations available to the Depart17 ment of Defense may be used for the purchase of heavy 

18 and light armored vehicles for the physical security of per19 sonnel or for force protection purposes up to a limit of 

20 $250,000 per vehicle, notwithstanding price or other limi21 tations applicable to the purchase of passenger carrying 

22 vehicles. 

23 SEC. 8102. Of the amounts appropriated for ‘‘Oper24 ation and Maintenance, Defense-Wide’’, $106,482,000 

25 shall be available to the Secretary of Defense, notwithmstockstill on DSK4VPTVN1PROD with BILLS

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1 standing any other provision of law, acting through the 

2 Office of Economic Adjustment of the Department of De3 fense, to make grants, conclude cooperative agreements, 

4 and supplement other Federal funds, to remain available 

5 until expended, to assist the civilian population of Guam 

6 in response to the military buildup of Guam, for address7 ing the need for civilian water and wastewater improve8 ments: Provided, That the Secretary of Defense shall, not 

9 fewer than 15 days prior to obligating funds for this pur10 pose, notify the congressional defense committees in writ11 ing of the details of any such obligation. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8103. There is hereby established in the Treas14 ury of the United States the ‘‘Ship Modernization, Oper15 ations and Sustainment Fund’’. There is appropriated 

16 $2,382,100,000, for the ‘‘Ship Modernization, Operations 

17 and Sustainment Fund’’, to remain available until Sep18 tember 30, 2014: Provided, That the Secretary of the 

19 Navy shall transfer funds from the ‘‘Ship Modernization, 

20 Operations and Sustainment Fund’’ to appropriations for 

21 military personnel; operation and maintenance; research, 

22 development, test and evaluation; and procurement, only 

23 for the purposes of manning, operating, sustaining, equip24 ping and modernizing the Ticonderoga-class guided mis25 sile cruisers CG–63, CG–64, CG–65, CG–66, CG–68, CG– 

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1 69, CG–73, and the Whidbey Island-class dock landing 

2 ships LSD–41 and LSD–46: Provided further, That funds 

3 transferred shall be merged with and be available for the 

4 same purposes and for the same time period as the appro5 priation to which they are transferred: Provided further, 

6 That the transfer authority provided herein shall be in ad7 dition to any other transfer authority available to the De8 partment of Defense: Provided further, That the Secretary 

9 of the Navy shall, not less than 30 days prior to making 

10 any transfer from the ‘‘Ship Modernization, Operations 

11 and Sustainment Fund’’, notify the congressional defense 

12 committees in writing of the details of such transfer. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8104. Of the amounts made available in this 

15 Act under the heading ‘‘Operation and Maintenance, De16 fense-Wide’’, there is appropriated $51,000,000, to be 

17 available until expended: Provided, That such funds shall 

18 only be available to the Secretary of Defense, acting 

19 through the Office of Economic Adjustment of the Depart20 ment of Defense, or for transfer to the Secretary of Edu21 cation, notwithstanding any other provision of law, to 

22 make grants, conclude cooperative agreements, or supple23 ment other Federal funds to construct, renovate, repair, 

24 or expand elementary and secondary public schools on 

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1 ity condition deficiencies at such schools: Provided further, 

2 That in making such funds available, the Office of Eco3 nomic Adjustment or the Secretary of Education shall give 

4 priority consideration to those military installations with 

5 schools having the most serious capacity or facility condi6 tion deficiencies as determined by the Secretary of De7 fense: Provided further, That funds may not be made 

8 available for a school unless its enrollment of Department 

9 of Defense-connected children is greater than 50 percent. 

10 SEC. 8105. None of the funds appropriated or other11 wise made available in this or any other Act may be used 

12 to transfer, release, or assist in the transfer or release to 

13 or within the United States, its territories, or possessions 

14 Khalid Sheikh Mohammed or any other detainee who— 

15 (1) is not a United States citizen or a member 

16 of the Armed Forces of the United States; and 

17 (2) is or was held on or after June 24, 2009, 

18 at the United States Naval Station, Guanta ́namo 

19 Bay, Cuba, by the Department of Defense. 

20 SEC. 8106. (a)(1) Except as provided in paragraph 

21 (2) and subsection (d), none of the funds appropriated or 

22 otherwise made available in this or any other Act may be 

23 used to transfer any individual detained at Guanta ́namo 

24 to the custody or control of the individual’s country of ori25 gin, any other foreign country, or any other foreign entity 

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1 unless the Secretary of Defense submits to Congress the 

2 certification described in subsection (b) not later than 30 

3 days before the transfer of the individual. 

4 (2) Paragraph (1) shall not apply to any action taken 

5 by the Secretary to transfer any individual detained at 

6 Guanta ́namo to effectuate— 

7 (A) an order affecting the disposition of the in8 dividual that is issued by a court or competent tri9 bunal of the United States having lawful jurisdiction 

10 (which the Secretary shall notify Congress of 

11 promptly after issuance); or 

12 (B) a pre-trial agreement entered in a military 

13 commission case prior to the date of the enactment 

14 of this Act. 

15 (b) A certification described in this subsection is a 

16 written certification made by the Secretary of Defense, 

17 with the concurrence of the Secretary of State and in con18 sultation with the Director of National Intelligence, that— 

19 (1) the government of the foreign country or 

20 the recognized leadership of the foreign entity to 

21 which the individual detained at Guanta ́namo is to 

22 be transferred— 

23 (A) is not a designated state sponsor of 

24 terrorism or a designated foreign terrorist orga25 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— 

17 (A) an order affecting the disposition of the in18 dividual that is issued by a court or competent tri19 bunal of the United States having lawful jurisdiction 

20 (which the Secretary shall notify Congress of 

21 promptly after issuance); or 

22 (B) a pre-trial agreement entered in a military 

23 commission case prior to the date of the enactment 

24 of this Act. 

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1 (d)(1) The Secretary of Defense may waive the appli2 cability to a detainee transfer of a certification require3 ment specified in subparagraph (D) or (E) of subsection 

4 (b)(1) or the prohibition in subsection (c), if the Secretary 

5 certifies the rest of the criteria required by subsection (b) 

6 for transfers prohibited by (c) and, with the concurrence 

7 of the Secretary of State and in consultation with the Di8 rector of National Intelligence, determines that— 

9 (A) alternative actions will be taken to address 

10 the underlying purpose of the requirement or re11 quirements to be waived; 

12 (B) in the case of a waiver of subparagraph (D) 

13 or (E) of subsection (b)(1), it is not possible to cer14 tify that the risks addressed in the paragraph to be 

15 waived have been completely eliminated, but the ac16 tions to be taken under subparagraph (A) will sub17 stantially mitigate such risks with regard to the indi18 vidual to be transferred; 

19 (C) in the case of a waiver of subsection (c), the 

20 Secretary has considered any confirmed case in 

21 which an individual who was transferred to the 

22 country subsequently engaged in terrorist activity, 

23 and the actions to be taken under subparagraph (A) 

24 will substantially mitigate the risk of recidivism with 

25 regard to the individual to be transferred; and 

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1 (D) the transfer is in the national security in2 terests of the United States. 

3 (2) Whenever the Secretary makes a determination 

4 under paragraph (1), the Secretary shall submit to the ap5 propriate committees of Congress, not later than 30 days 

6 before the transfer of the individual concerned, the fol7 lowing: 

8 (A) A copy of the determination and the waiver 

9 concerned. 

10 (B) A statement of the basis for the determina11 tion, including— 

12 (i) an explanation why the transfer is in 

13 the national security interests of the United 

14 States; and 

15 (ii) in the case of a waiver of subparagraph 

16 (D) or (E) of subsection (b)(1), an explanation 

17 why it is not possible to certify that the risks 

18 addressed in the subparagraph to be waived 

19 have been completely eliminated. 

20 (C) A summary of the alternative actions to be 

21 taken to address the underlying purpose of, and to 

22 mitigate the risks addressed in, the subparagraph or 

23 subsection to be waived. 

24 (D) The assessment required by subsection 

25 (b)(2). 

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1 (e) In this section: 

2 (1) The term ‘‘appropriate committees of Con3 gress’’ means— 

4 (A) the Committee on Armed Services, the 

5 Committee on Appropriations, and the Select 

6 Committee on Intelligence of the Senate; and 

7 (B) the Committee on Armed Services, the 

8 Committee on Appropriations, and the Perma9 nent Select Committee on Intelligence of the 

10 House of Representatives. 

11 (2) The term ‘‘individual detained at 

12 Guanta ́namo’’ means any individual located at 

13 United States Naval Station, Guanta ́namo Bay, 

14 Cuba, as of October 1, 2009, who— 

15 (A) is not a citizen of the United States or 

16 a member of the Armed Forces of the United 

17 States; and 

18 (B) is— 

19 (i) in the custody or under the control 

20 of the Department of Defense; or 

21 (ii) otherwise under detention at 

22 United States Naval Station, Guanta ́namo 

23 Bay, Cuba. 

24 (3) The term ‘‘foreign terrorist organization’’ 

25 means any organization so designated by the Secmstockstill on DSK4VPTVN1PROD with BILLS

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1 retary of State under section 219 of the Immigra2 tion and Nationality Act (8 U.S.C. 1189). 

3 SEC. 8107. (a) None of the funds appropriated or 

4 otherwise made available in this or any other Act may be 

5 used to construct, acquire, or modify any facility in the 

6 United States, its territories, or possessions to house any 

7 individual described in subsection (c) for the purposes of 

8 detention or imprisonment in the custody or under the ef9 fective control of the Department of Defense. 

10 (b) The prohibition in subsection (a) shall not apply 

11 to any modification of facilities at United States Naval 

12 Station, Guanta ́namo Bay, Cuba. 

13 (c) An individual described in this subsection is any 

14 individual who, as of June 24, 2009, is located at United 

15 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

16 (1) is not a citizen of the United States or a 

17 member of the Armed Forces of the United States; 

18 and 

19 (2) is— 

20 (A) in the custody or under the effective 

21 control of the Department of Defense; or 

22 (B) otherwise under detention at United 

23 States Naval Station, Guanta ́namo Bay, Cuba. 

24 SEC. 8108. None of the funds made available by this 

25 Act may be used to enter into a contract, memorandum 

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1 of understanding, or cooperative agreement with, make a 

2 grant to, or provide a loan or loan guarantee to, any cor3 poration that any unpaid Federal tax liability that has 

4 been assessed, for which all judicial and administrative 

5 remedies have been exhausted or have lapsed, and that 

6 is not being paid in a timely manner pursuant to an agree7 ment with the authority responsible for collecting the tax 

8 liability, where the awarding agency is aware of the unpaid 

9 tax liability, unless the agency has considered suspension 

10 or debarment of the corporation and made a determination 

11 that this further action is not necessary to protect the in12 terests of the Government. 

13 SEC. 8109. None of the funds made available by this 

14 Act may be used to enter into a contract, memorandum 

15 of understanding, or cooperative agreement with, make a 

16 grant to, or provide a loan or loan guarantee to, any cor17 poration that was convicted of a felony criminal violation 

18 under any Federal law within the preceding 24 months, 

19 where the awarding agency is aware of the conviction, un20 less the agency has considered suspension or debarment 

21 of the corporation and made a determination that this fur22 ther action is not necessary to protect the interests of the 

23 Government. 

24 SEC. 8110. The Secretary of the Air Force shall obli25 gate and expend funds previously appropriated for the 

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1 procurement of RQ–4B Global Hawk and C–27J Spartan 

2 aircraft for the purposes for which such funds were origi3 nally appropriated. 

4 SEC. 8111. It is the Sense of the Senate that the 

5 next available capital warship of the U.S. Navy be named 

6 the USS Ted Stevens to recognize the public service 

7 achievements, military service sacrifice, and undaunted 

8 heroism and courage of the long-serving United States 

9 Senator for Alaska. 

10 TITLE IX 

11 OVERSEAS CONTINGENCY OPERATIONS 

12 MILITARY PERSONNEL 

13 MILITARY PERSONNEL, ARMY

14 For an additional amount for ‘‘Military Personnel, 

15 Army’’, $9,790,082,000: Provided, That such amount is 

16 designated by the Congress for Overseas Contingency Op17 erations/Global War on Terrorism pursuant to section 

18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 MILITARY PERSONNEL, NAVY

21 For an additional amount for ‘‘Military Personnel, 

22 Navy’’, $869,625,000: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 

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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For an additional amount for ‘‘Military Personnel, 

5 Marine Corps’’, $1,623,356,000: Provided, That such 

6 amount is designated by the Congress for Overseas Con7 tingency Operations/Global War on Terrorism pursuant to 

8 section 251(b)(2)(A)(ii) of the Balanced Budget and 

9 Emergency Deficit Control Act of 1985. 

10 MILITARY PERSONNEL, AIR FORCE

11 For an additional amount for ‘‘Military Personnel, 

12 Air Force’’, $1,286,783,000: 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 RESERVE PERSONNEL, ARMY

18 For an additional amount for ‘‘Reserve Personnel, 

19 Army’’, $156,893,000: Provided, That such amount is 

20 designated by the Congress for Overseas Contingency Op21 erations/Global War on Terrorism pursuant to section 

22 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 

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1 RESERVE PERSONNEL, NAVY

2 For an additional amount for ‘‘Reserve Personnel, 

3 Navy’’, $39,335,000: Provided, That such amount is des4 ignated by the Congress for Overseas Contingency Oper5 ations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 RESERVE PERSONNEL, MARINE CORPS

9 For an additional amount for ‘‘Reserve Personnel, 

10 Marine Corps’’, $24,722,000: 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, AIR FORCE

16 For an additional amount for ‘‘Reserve Personnel, 

17 Air Force’’$25,348,000: Provided, That such amount is 

18 designated by the Congress for Overseas Contingency Op19 erations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 NATIONAL GUARD PERSONNEL, ARMY

23 For an additional amount for ‘‘National Guard Per24 sonnel, Army’’, $583,804,000: Provided, That such 

25 amount is designated by the Congress for Overseas Conmstockstill on DSK4VPTVN1PROD with BILLS

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1 tingency Operations/Global War on Terrorism pursuant to 

2 section 251(b)(2)(A)(ii) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985. 

4 NATIONAL GUARD PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘National Guard Per6 sonnel, Air Force’’, $10,473,000: Provided, That such 

7 amount is designated by the Congress for Overseas Con8 tingency Operations/Global War on Terrorism pursuant to 

9 section 251(b)(2)(A)(ii) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 OPERATION AND MAINTENANCE 

12 OPERATION AND MAINTENANCE, ARMY

13 For an additional amount for ‘‘Operation and Main14 tenance, Army’’, $30,578,256,000: Provided, That such 

15 amount is designated by the Congress for Overseas Con16 tingency Operations/Global War on Terrorism pursuant to 

17 section 251(b)(2)(A)(ii) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 OPERATION AND MAINTENANCE, NAVY

20 For an additional amount for ‘‘Operation and Main21 tenance, Navy’’, $6,968,812,000: Provided, That such 

22 amount is designated by the Congress for Overseas Con23 tingency Operations/Global War on Terrorism pursuant to 

24 section 251(b)(2)(A)(ii) of the Balanced Budget and 

25 Emergency Deficit Control Act of 1985. 

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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 For an additional amount for ‘‘Operation and Main3 tenance, Marine Corps’’, $4,108,340,000: Provided, That 

4 such amount is designated by the Congress for Overseas 

5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

7 and Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE, AIR FORCE

9 For an additional amount for ‘‘Operation and Main10 tenance, Air Force’’, $9,291,493,000: Provided, That such 

11 amount is designated by the Congress for Overseas Con12 tingency Operations/Global War on Terrorism pursuant to 

13 section 251(b)(2)(A)(ii) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985. 

15 OPERATION AND MAINTENANCE, DEFENSE-WIDE

16 For an additional amount for ‘‘Operation and Main17 tenance, Defense-Wide’’, $8,274,052,000: Provided, That 

18 of the funds provided under this heading, not to exceed 

19 $1,750,000,000, to remain available until September 30, 

20 2014, shall be for payments to reimburse key cooperating 

21 nations for logistical, military, and other support, includ22 ing access, provided to United States military operations 

23 in support of Operation Enduring Freedom and post-oper24 ation Iraq border security related to the activities of the 

25 Office of Security Cooperation in Iraq, notwithstanding 

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1 any other provision of law: Provided further, That such 

2 reimbursement payments may be made in such amounts 

3 as the Secretary of Defense, with the concurrence of the 

4 Secretary of State, and in consultation with the Director 

5 of the Office of Management and Budget, may determine, 

6 in his discretion, based on documentation determined by 

7 the Secretary of Defense to adequately account for the 

8 support provided, and such determination is final and con9 clusive upon the accounting officers of the United States, 

10 and 15 days following notification to the appropriate con11 gressional committees: Provided further, That the require12 ment under this heading to provide notification to the ap13 propriate congressional committees shall not apply with 

14 respect to a reimbursement for access based on an inter15 national agreement: Provided further, That these funds 

16 may be used for the purpose of providing specialized train17 ing and procuring supplies and specialized equipment and 

18 providing such supplies and loaning such equipment on a 

19 non-reimbursable basis to coalition forces supporting 

20 United States military operations in Afghanistan, and 15 

21 days following notification to the appropriate congres22 sional committees: Provided further, That the Secretary of 

23 Defense shall provide quarterly reports to the congres24 sional defense committees on the use of funds provided 

25 in this paragraph: Provided further, That such amount in 

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1 this section is designated by the Congress for Overseas 

2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

4 and Emergency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, ARMY RESERVE

6 For an additional amount for ‘‘Operation and Main7 tenance, Army Reserve’’, $154,537,000: Provided, That 

8 such amount is designated by the Congress for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 OPERATION AND MAINTENANCE, NAVY RESERVE

13 For an additional amount for ‘‘Operation and Main14 tenance, Navy Reserve’’, $55,924,000: Provided, That 

15 such amount is designated by the Congress for Overseas 

16 Contingency Operations/Global War on Terrorism pursu17 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

18 and Emergency Deficit Control Act of 1985. 

19 OPERATION AND MAINTENANCE, MARINE CORPS

20 RESERVE

21 For an additional amount for ‘‘Operation and Main22 tenance, Marine Corps Reserve’’, $25,477,000: Provided, 

23 That such amount is designated by the Congress for Over24 seas Contingency Operations/Global War on Terrorism 

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1 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Air Force Reserve’’, $120,618,000: 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 OPERATION AND MAINTENANCE, ARMY NATIONAL

11 GUARD

12 For an additional amount for ‘‘Operation and Main13 tenance, Army National Guard’’, $382,448,000: Provided, 

14 That such amount is designated by the Congress for Over15 seas Contingency Operations/Global War on Terrorism 

16 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985. 

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For an additional amount for ‘‘Operation and Main20 tenance, Air National Guard’’, $19,975,000: Provided, 

21 That such amount is designated by the Congress for Over22 seas Contingency Operations/Global War on Terrorism 

23 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 

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1 AFGHANISTAN INFRASTRUCTURE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Afghanistan Infrastructure Fund’’, 

4 $350,000,000, to remain available until September 30, 

5 2014: Provided, That such sums shall be available to the 

6 Secretary of Defense for infrastructure projects in Af7 ghanistan, notwithstanding any other provision of law, 

8 which shall be undertaken by the Secretary of State, un9 less the Secretary of State and the Secretary of Defense 

10 jointly decide that a specific project will be undertaken 

11 by the Department of Defense: Provided further, That the 

12 infrastructure referred to in the preceding proviso is in 

13 support of the counterinsurgency strategy, which may re14 quire funding for facility and infrastructure projects, in15 cluding, but not limited to, water, power, and transpor16 tation projects and related maintenance and sustainment 

17 costs: Provided further, That the authority to undertake 

18 such infrastructure projects is in addition to any other au19 thority to provide assistance to foreign nations: Provided 

20 further, That any projects funded under this heading shall 

21 be jointly formulated and concurred in by the Secretary 

22 of State and Secretary of Defense: Provided further, That 

23 funds may be transferred to the Department of State for 

24 purposes of undertaking projects, which funds shall be 

25 considered to be economic assistance under the Foreign 

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1 Assistance Act of 1961 for purposes of making available 

2 the administrative authorities contained in that Act: Pro3 vided further, That the transfer authority in the preceding 

4 proviso is in addition to any other authority available to 

5 the Department of Defense to transfer funds: Provided 

6 further, That any unexpended funds transferred to the 

7 Secretary of State under this authority shall be returned 

8 to the Afghanistan Infrastructure Fund if the Secretary 

9 of State, in coordination with the Secretary of Defense, 

10 determines that the project cannot be implemented for any 

11 reason, or that the project no longer supports the counter12 insurgency strategy in Afghanistan: Provided further, That 

13 any funds returned to the Secretary of Defense under the 

14 previous proviso shall be available for use under this ap15 propriation and shall be treated in the same manner as 

16 funds not transferred to the Secretary of State: Provided 

17 further, That contributions of funds for the purposes pro18 vided herein to the Secretary of State in accordance with 

19 section 635(d) of the Foreign Assistance Act from any 

20 person, foreign government, or international organization 

21 may be credited to this Fund, to remain available until 

22 expended, and used for such purposes: Provided further, 

23 That the Secretary of Defense shall, not fewer than 15 

24 days prior to making transfers to or from, or obligations 

25 from the Fund, notify the appropriate committees of Conmstockstill on DSK4VPTVN1PROD with BILLS

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1 gress in writing of the details of any such transfer: Pro2 vided further, That the ‘‘appropriate committees of Con3 gress’’ are the Committees on Armed Services, Foreign 

4 Relations and Appropriations of the Senate and the Com5 mittees on Armed Services, Foreign Affairs and Appro6 priations of the House of Representatives: Provided fur7 ther, That such amount is designated by the Congress for 

8 Overseas Contingency Operations/Global War on Ter9 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 

11 AFGHANISTAN SECURITY FORCES FUND

12 For the ‘‘Afghanistan Security Forces Fund’’, 

13 $5,149,167,000, to remain available until September 30, 

14 2013: Provided, That such funds shall be available to the 

15 Secretary of Defense, notwithstanding any other provision 

16 of law, for the purpose of allowing the Commander, Com17 bined Security Transition Command—Afghanistan, or the 

18 Secretary’s designee, to provide assistance, with the con19 currence of the Secretary of State, to the security forces 

20 of Afghanistan, including the provision of equipment, sup21 plies, services, training, facility and infrastructure repair, 

22 renovation, and construction, and funding: Provided fur23 ther, That the authority to provide assistance under this 

24 heading is in addition to any other authority to provide 

25 assistance to foreign nations: Provided further, That conmstockstill on DSK4VPTVN1PROD with BILLS

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1 tributions of funds for the purposes provided herein from 

2 any person, foreign government, or international organiza3 tion may be credited to this Fund, to remain available 

4 until expended, and used for such purposes: Provided fur5 ther, That the Secretary of Defense shall notify the con6 gressional defense committees in writing upon the receipt 

7 and upon the obligation of any contribution, delineating 

8 the sources and amounts of the funds received and the 

9 specific use of such contributions: Provided further, That 

10 the Secretary of Defense shall, not fewer than 15 days 

11 prior to obligating from this appropriation account, notify 

12 the congressional defense committees in writing of the de13 tails of any such obligation: Provided further, That the 

14 Secretary of Defense shall notify the congressional defense 

15 committees of any proposed new projects or transfer of 

16 funds between budget sub-activity groups in excess of 

17 $20,000,000: Provided further, 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 PROCUREMENT 

23 AIRCRAFT PROCUREMENT, ARMY

24 For an additional amount for ‘‘Aircraft Procurement, 

25 Army’’, $1,140,294,000, to remain available until Sepmstockstill on DSK4VPTVN1PROD with BILLS

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1 tember 30, 2015: Provided, That such amount is des2 ignated by the Congress for Overseas Contingency Oper3 ations/Global War on Terrorism pursuant to section 

4 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985. 

6 MISSILE PROCUREMENT, ARMY

7 For an additional amount for ‘‘Missile Procurement, 

8 Army’’, $67,951,000, to remain available until September 

9 30, 2015: Provided, That such amount is designated by 

10 the Congress for Overseas Contingency Operations/Global 

11 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

12 the Balanced Budget and Emergency Deficit Control Act 

13 of 1985. 

14 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

15 VEHICLES, ARMY

16 For an additional amount for ‘‘Procurement of Weap17 ons and Tracked Combat Vehicles, Army’’, $15,422,000, 

18 to remain available until September 30, 2015: Provided, 

19 That such amount is designated by the Congress for Over20 seas Contingency Operations/Global War on Terrorism 

21 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985. 

23 PROCUREMENT OF AMMUNITION, ARMY

24 For an additional amount for ‘‘Procurement of Am25 munition, Army’’, $326,193,000, to remain available until 

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1 September 30, 2015: Provided, That such amount is des2 ignated by the Congress for Overseas Contingency Oper3 ations/Global War on Terrorism pursuant to section 

4 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985. 

6 OTHER PROCUREMENT, ARMY

7 For an additional amount for ‘‘Other Procurement, 

8 Army’’, $2,284,190,000, to remain available until Sep9 tember 30, 2015: Provided, That such amount is des10 ignated by the Congress for Overseas Contingency Oper11 ations/Global War on Terrorism pursuant to section 

12 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 AIRCRAFT PROCUREMENT, NAVY

15 For an additional amount for ‘‘Aircraft Procurement, 

16 Navy’’, $426,436,000, to remain available until September 

17 30, 2015: Provided, That such amount is designated by 

18 the Congress for Overseas Contingency Operations/Global 

19 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

20 the Balanced Budget and Emergency Deficit Control Act 

21 of 1985. 

22 WEAPONS PROCUREMENT, NAVY

23 For an additional amount for ‘‘Weapons Procure24 ment, Navy’’, $23,500,000, to remain available until Sep25 tember 30, 2015: Provided, That such amount is desmstockstill on DSK4VPTVN1PROD with BILLS

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1 ignated by the Congress for Overseas Contingency Oper2 ations/Global War on Terrorism pursuant to section 

3 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

6 CORPS

7 For an additional amount for ‘‘Procurement of Am8 munition, Navy and Marine Corps’’, $284,356,000, to re9 main available until September 30, 2015: Provided, That 

10 such amount is designated by the Congress for Overseas 

11 Contingency Operations/Global War on Terrorism pursu12 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

13 and Emergency Deficit Control Act of 1985. 

14 OTHER PROCUREMENT, NAVY

15 For an additional amount for ‘‘Other Procurement, 

16 Navy’’, $98,882,000, to remain available until September 

17 30, 2015: Provided, That such amount is designated by 

18 the Congress for Overseas Contingency Operations/Global 

19 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

20 the Balanced Budget and Emergency Deficit Control Act 

21 of 1985. 

22 PROCUREMENT, MARINE CORPS

23 For an additional amount for ‘‘Procurement, Marine 

24 Corps’’, $865,977,000, to remain available until Sep25 tember 30, 2015: Provided, That such amount is desmstockstill on DSK4VPTVN1PROD with BILLS

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1 ignated by the Congress for Overseas Contingency Oper2 ations/Global War on Terrorism pursuant to section 

3 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 AIRCRAFT PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Aircraft Procurement, 

7 Air Force’’, $395,327,000, to remain available until Sep8 tember 30, 2015: Provided, That such amount is des9 ignated by the Congress for Overseas Contingency Oper10 ations/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 MISSILE PROCUREMENT, AIR FORCE

14 For an additional amount for ‘‘Missile Procurement, 

15 Air Force’’, $34,350,000, to remain available until Sep16 tember 30, 2015: Provided, That such amount is des17 ignated by the Congress for Overseas Contingency Oper18 ations/Global War on Terrorism pursuant to section 

19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 PROCUREMENT OF AMMUNITION, AIR FORCE

22 For an additional amount for ‘‘Procurement of Am23 munition, Air Force’’, $116,203,000, to remain available 

24 until September 30, 2015: Provided, That such amount 

25 is designated by the Congress for Overseas Contingency 

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1 Operations/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 OTHER PROCUREMENT, AIR FORCE

5 For an additional amount for ‘‘Other Procurement, 

6 Air Force’’, $2,684,470,000, to remain available until 

7 September 30, 2015: Provided, That such amount is des8 ignated by the Congress for Overseas Contingency Oper9 ations/Global War on Terrorism pursuant to section 

10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 PROCUREMENT, DEFENSE-WIDE

13 For an additional amount for ‘‘Procurement, De14 fense-Wide’’, $362,749,000, to remain available until Sep15 tember 30, 2015: Provided, That such amount is des16 ignated by the Congress for Overseas Contingency Oper17 ations/Global War on Terrorism pursuant to section 

18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 NATIONAL GUARD AND RESERVE EQUIPMENT

21 For procurement of aircraft, missiles, tracked combat 

22 vehicles, ammunition, other weapons and other procure23 ment for the reserve components of the Armed Forces, 

24 $1,000,000,000, to remain available for obligation until 

25 September 30, 2015: Provided, That the Chiefs of Namstockstill on DSK4VPTVN1PROD with BILLS

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1 tional Guard and Reserve components shall, not later than 

2 30 days after the enactment of this Act, individually sub3 mit to the congressional defense committees the mod4 ernization priority assessment for their respective Na5 tional Guard or Reserve component: Provided further, 

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 RESEARCH, DEVELOPMENT, TEST AND 

11 EVALUATION 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 ARMY

14 For an additional amount for ‘‘Research, Develop15 ment, Test and Evaluation, Army’’, $42,357,000, to re16 main available until September 30, 2014: Provided, That 

17 such amount is designated by the Congress for Overseas 

18 Contingency Operations/Global War on Terrorism pursu19 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

20 and Emergency Deficit Control Act of 1985. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

22 NAVY

23 For an additional amount for ‘‘Research, Develop24 ment, Test and Evaluation, Navy’’, $52,519,000, to re25 main available until September 30, 2014: 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 AIR FORCE

7 For an additional amount for ‘‘Research, Develop8 ment, Test and Evaluation, Air Force’’, $53,150,000, to 

9 remain available until September 30, 2014: 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 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 DEFENSE-WIDE

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Defense-Wide’’, 

18 $112,387,000, to remain available until September 30, 

19 2014: Provided, That such amount is designated by the 

20 Congress for Overseas Contingency Operations/Global 

21 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

22 the Balanced Budget and Emergency Deficit Control Act 

23 of 1985. 

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1 REVOLVING AND MANAGEMENT FUNDS 

2 DEFENSE WORKING CAPITAL FUNDS

3 For an additional amount for ‘‘Defense Working 

4 Capital Funds’’, $1,467,864,000: Provided, That such 

5 amount is designated by the Congress for Overseas Con6 tingency Operations/Global War on Terrorism pursuant to 

7 section 251(b)(2)(A)(ii) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

10 DEFENSE HEALTH PROGRAM

11 For an additional amount for ‘‘Defense Health Pro12 gram’’, $993,898,000, which shall be for operation and 

13 maintenance: Provided, That such amount is designated 

14 by the Congress for Overseas Contingency Operations/ 

15 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 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

19 DEFENSE

20 For an additional amount for ‘‘Drug Interdiction and 

21 Counter-Drug Activities, Defense’’, $469,025,000, to re22 main available until September 30, 2014: Provided, That 

23 such amount is designated by the Congress for Overseas 

24 Contingency Operations/Global War on Terrorism pursumstockstill on DSK4VPTVN1PROD with BILLS

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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 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For the ‘‘Joint Improvised Explosive Device Defeat 

6 Fund’’, $1,514,114,000, to remain available until Sep7 tember 30, 2015: Provided, That such funds shall be avail8 able to the Secretary of Defense, notwithstanding any 

9 other provision of law, for the purpose of allowing the Di10 rector of the Joint Improvised Explosive Device Defeat 

11 Organization to investigate, develop and provide equip12 ment, supplies, services, training, facilities, personnel and 

13 funds to assist United States forces in the defeat of impro14 vised explosive devices: Provided further, That the Sec15 retary of Defense may transfer funds provided herein to 

16 appropriations for military personnel; operation and main17 tenance; procurement; research, development, test and 

18 evaluation; and defense working capital funds to accom19 plish the purpose provided herein: Provided further, That 

20 this transfer authority is in addition to any other transfer 

21 authority available to the Department of Defense: Pro22 vided further, That the Secretary of Defense shall, not 

23 fewer than 15 days prior to making transfers from this 

24 appropriation, notify the congressional defense committees 

25 in writing of the details of any such transfer: Provided 

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1 further, That such amount is designated by the Congress 

2 for Overseas Contingency Operations/Global War on Ter3 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985. 

5 OFFICE OF THE INSPECTOR GENERAL

6 For an additional amount for the ‘‘Office of the In7 spector General’’, $10,766,000: Provided, That such 

8 amount is designated by the Congress for Overseas Con9 tingency Operations/Global War on Terrorism pursuant to 

10 section 251(b)(2)(A)(ii) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 GENERAL PROVISIONS—THIS TITLE 

13 SEC. 9001. Notwithstanding any other provision of 

14 law, funds made available in this title are in addition to 

15 amounts appropriated or otherwise made available for the 

16 Department of Defense for fiscal year 2013. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 9002. Upon the determination of the Secretary 

19 of Defense that such action is necessary in the national 

20 interest, the Secretary may, with the approval of the Of21 fice of Management and Budget, transfer up to 

22 $4,000,000,000 between the appropriations or funds made 

23 available to the Department of Defense in this title: Pro24 vided, That the Secretary shall notify the Congress 

25 promptly of each transfer made pursuant to the authority 

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1 in this section: Provided further, That the authority pro2 vided in this section is in addition to any other transfer 

3 authority available to the Department of Defense and is 

4 subject to the same terms and conditions as the authority 

5 provided in the Department of Defense Appropriations 

6 Act, 2013. 

7 SEC. 9003. Supervision and administration costs as8 sociated with a construction project funded with appro9 priations available for operation and maintenance, ‘‘Af10 ghanistan Infrastructure Fund’’, or the ‘‘Afghanistan Se11 curity Forces Fund’’ provided in this Act and executed 

12 in direct support of overseas contingency operations in Af13 ghanistan, may be obligated at the time a construction 

14 contract is awarded: Provided, That for the purpose of this 

15 section, supervision and administration costs include all 

16 in-house Government costs. 

17 SEC. 9004. From funds made available in this title, 

18 the Secretary of Defense may purchase for use by military 

19 and civilian employees of the Department of Defense in 

20 the U.S. Central Command area of responsibility: (a) pas21 senger motor vehicles up to a limit of $75,000 per vehicle; 

22 and (b) heavy and light armored vehicles for the physical 

23 security of personnel or for force protection purposes up 

24 to a limit of $250,000 per vehicle, notwithstanding price 

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1 or other limitations applicable to the purchase of pas2 senger carrying vehicles. 

3 SEC. 9005. Not to exceed $200,000,000 of the 

4 amount appropriated in this title under the heading ‘‘Op5 eration and Maintenance, Army’’ may be used, notwith6 standing any other provision of law, to fund the Com7 mander’s Emergency Response Program (CERP), for the 

8 purpose of enabling military commanders in Afghanistan 

9 to respond to urgent, small-scale, humanitarian relief and 

10 reconstruction requirements within their areas of responsi11 bility: Provided, That each project (including any ancillary 

12 or related elements in connection with such project) exe13 cuted under this authority shall not exceed $20,000,000: 

14 Provided further, That not later than 45 days after the 

15 end of each fiscal year quarter, the Secretary of Defense 

16 shall submit to the congressional defense committees a re17 port regarding the source of funds and the allocation and 

18 use of funds during that quarter that were made available 

19 pursuant to the authority provided in this section or under 

20 any other provision of law for the purposes described here21 in: Provided further, That, not later than 30 days after 

22 the end of each month, the Army shall submit to the con23 gressional defense committees monthly commitment, obli24 gation, and expenditure data for the Commander’s Emer25 gency Response Program in Afghanistan: Provided further, 

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1 That not less than 15 days before making funds available 

2 pursuant to the authority provided in this section or under 

3 any other provision of law for the purposes described here4 in for a project with a total anticipated cost for completion 

5 of $5,000,000 or more, the Secretary shall submit to the 

6 congressional defense committees a written notice con7 taining each of the following: 

8 (1) The location, nature and purpose of the 

9 proposed project, including how the project is in10 tended to advance the military campaign plan for 

11 the country in which it is to be carried out. 

12 (2) The budget, implementation timeline with 

13 milestones, and completion date for the proposed 

14 project, including any other CERP funding that has 

15 been or is anticipated to be contributed to the com16 pletion of the project. 

17 (3) A plan for the sustainment of the proposed 

18 project, including the agreement with either the host 

19 nation, a non-Department of Defense agency of the 

20 United States Government or a third-party contrib21 utor to finance the sustainment of the activities and 

22 maintenance of any equipment or facilities to be pro23 vided through the proposed project. 

24 SEC. 9006. Funds available to the Department of De25 fense for operation and maintenance may be used, notmstockstill on DSK4VPTVN1PROD with BILLS

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1 withstanding any other provision of law, to provide sup2 plies, services, transportation, including airlift and sealift, 

3 and other logistical support to coalition forces supporting 

4 military and stability operations in Afghanistan: Provided, 

5 That the Secretary of Defense shall provide quarterly re6 ports to the congressional defense committees regarding 

7 support provided under this section. 

8 SEC. 9007. None of the funds appropriated or other9 wise made available by this or any other Act shall be obli10 gated or expended by the United States Government for 

11 a purpose as follows: 

12 (1) To establish any military installation or 

13 base for the purpose of providing for the permanent 

14 stationing of United States Armed Forces in Iraq. 

15 (2) To exercise United States control over any 

16 oil resource of Iraq. 

17 (3) To establish any military installation or 

18 base for the purpose of providing for the permanent 

19 stationing of United States Armed Forces in Af20 ghanistan. 

21 SEC. 9008. None of the funds made available in this 

22 Act may be used in contravention of the following laws 

23 enacted or regulations promulgated to implement the 

24 United Nations Convention Against Torture and Other 

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1 Cruel, Inhuman or Degrading Treatment or Punishment 

2 (done at New York on December 10, 1984): 

3 (1) Section 2340A of title 18, United States 

4 Code. 

5 (2) Section 2242 of the Foreign Affairs Reform 

6 and Restructuring Act of 1998 (division G of Public 

7 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

8 note) and regulations prescribed thereto, including 

9 regulations under part 208 of title 8, Code of Fed10 eral Regulations, and part 95 of title 22, Code of 

11 Federal Regulations. 

12 (3) Sections 1002 and 1003 of the Department 

13 of Defense, Emergency Supplemental Appropriations 

14 to Address Hurricanes in the Gulf of Mexico, and 

15 Pandemic Influenza Act, 2006 (Public Law 109– 

16 148). 

17 SEC. 9009. None of the funds provided for the ‘‘Af18 ghanistan Security Forces Fund’’ (ASFF) may be obli19 gated prior to the approval of a financial and activity plan 

20 by the Afghanistan Resources Oversight Council (AROC) 

21 of the Department of Defense: Provided, That the AROC 

22 must approve the requirement and acquisition plan for any 

23 service requirements in excess of $50,000,000 annually 

24 and any non-standard equipment requirements in excess 

25 of $100,000,000 using ASFF: Provided further, That the 

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1 AROC must approve all projects and the execution plan 

2 under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and 

3 any project in excess of $5,000,000 from the Commanders 

4 Emergency Response Program (CERP): Provided further, 

5 That the Department of Defense must certify to the con6 gressional defense committees that the AROC has con7 vened and approved a process for ensuring compliance 

8 with the requirements in the preceding provisos and ac9 companying report language for the ASFF, AIF, and 

10 CERP. 

11 SEC. 9010. Funds made available in this title to the 

12 Department of Defense for operation and maintenance 

13 may be used to purchase items having an investment unit 

14 cost of not more than $250,000: Provided, That, upon de15 termination by the Secretary of Defense that such action 

16 is necessary to meet the operational requirements of a 

17 Commander of a Combatant Command engaged in contin18 gency operations overseas, such funds may be used to pur19 chase items having an investment item unit cost of not 

20 more than $500,000. 

21 SEC. 9011. Notwithstanding any other provision of 

22 law, up to $93,000,000 of funds made available in this 

23 title under the heading ‘‘Operation and Maintenance, 

24 Army’’ may be obligated and expended for purposes of the 

25 Task Force for Business and Stability Operations, subject 

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1 to the direction and control of the Secretary of Defense, 

2 with concurrence of the Secretary of State, to carry out 

3 strategic business and economic assistance activities in Af4 ghanistan in support of Operation Enduring Freedom: 

5 Provided, That not less than 15 days before making funds 

6 available pursuant to the authority provided in this section 

7 for any project with a total anticipated cost of $5,000,000 

8 or more, the Secretary shall submit to the congressional 

9 defense committees a written notice containing a detailed 

10 justification and timeline for each proposed project. 

11 SEC. 9012. From funds made available to the De12 partment of Defense in this title under the heading ‘‘Oper13 ation and Maintenance, Air Force’’ up to $508,000,000 

14 may be used by the Secretary of Defense, notwithstanding 

15 any other provision of law, to support United States Gov16 ernment transition activities in Iraq by funding the oper17 ations and activities of the Office of Security Cooperation 

18 in Iraq and security assistance teams, including life sup19 port, transportation and personal security, and facilities 

20 renovation and construction: Provided, That to the extent 

21 authorized under the National Defense Authorization Act 

22 for Fiscal Year 2013, the operations and activities that 

23 may be carried out by the Office of Security Cooperation 

24 in Iraq may, with the concurrence of the Secretary of 

25 State, include training and assisting Iraqi Ministry of Demstockstill on DSK4VPTVN1PROD with BILLS

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1 fense personnel to address gaps in capability of such per2 sonnel to manage defense-related institutions and inte3 grate processes relating to intelligence, air sovereignty, 

4 combined arms, logistics and maintenance, and counter5 terrorism: Provided further, That not later than October 

6 30, 2012, the Secretary of Defense and the Secretary of 

7 State shall submit to the congressional defense committees 

8 a plan for transitioning any such training and assisting 

9 activities that they determine are needed after the end of 

10 fiscal year 2013, to existing or new contracts for the sale 

11 of defense articles or defense services consistent with the 

12 provisions of the Arms Export Control Act (22 U.S.C. 

13 2751 et seq.): Provided further, That not less than 15 days 

14 before making funds available pursuant to the authority 

15 provided in this section, the Secretary shall submit to the 

16 congressional defense committees a written notice con17 taining a detailed justification and timeline for the oper18 ations and activities of the Office of Security Cooperation 

19 Iraq at each site where such operations and activities will 

20 be conducted during fiscal year 2013. 

21 SEC. 9013. 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: Provided, That such 

25 amounts are designated by the Congress for Overseas 

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1 Contingency Operations/Global War on Terrorism pursu2 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

3 and Emergency Deficit Control Act of 1985: 

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

5 $207,600,000; 

6 ‘‘Mine Resistant Ambush Protected Vehicle 

7 Fund, 2012/2013’’, $400,000,000; 

8 ‘‘Research, Development, Test and Evaluation, 

9 Air Force, 2012/2013’’, $58,000,000; 

10 ‘‘Afghanistan Security Forces Fund, 2012/ 

11 2013’’, $1,000,000,000; 

12 ‘‘Joint Improvised Explosive Device Defeat 

13 Fund, 2012/2014’’, $40,300,000. 

14 This Act may be cited as the ‘‘Department of Defense 

15 Appropriations Act, 2013’’. 

Æ 

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