available for the V–22 may be used to meet unique oper-
ational requirements of the Special Operations Forces: 
Provided further, That funds appropriated in this para-
graph shall be available for the Cobra Judy program. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $25,432,738,000, to remain avail-
able for obligation until September 30, 2014. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), 
necessary for basic and applied scientific research, devel-
opment, test and evaluation; advanced research projects 
as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, 
lease, and operation of facilities and equipment, 
$18,631,946,000, to remain available for obligation until 
September 30, 2014: Provided, That of the funds made 
available in this paragraph, $250,000,000 for the Defense 
Rapid Innovation Program shall only be available for ex-
penses, not otherwise provided for, to include program 
management and oversight, to conduct research, develop-
ment, test and evaluation to include proof of concept dem-
onstration; engineering, testing, and validation; and tran-
sition to full-scale production: Provided further, That the 
Secretary of Defense may transfer funds provided herein 
for the Defense Rapid Innovation Program to appropria-
tions for research, development, test and evaluation to ac-
complish the purpose provided herein: Provided further, 
That this transfer authority is in addition to any other 
transfer authority available to the Department of Defense: 
Provided further, That the Secretary of Defense shall, not 
fewer than 30 days prior to making transfers from this 
appropriation, notify the congressional defense committees 
in writing of the details of any such transfer. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary 
for the independent activities of the Director, Operational 
Test and Evaluation, in the direction and supervision of 
operational test and evaluation, including initial oper-
ational test and evaluation which is conducted prior to, 
and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in 
connection therewith, $223,768,000, to remain available 
for obligation until September 30, 2014.
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For 
the 
Defense 
Working 
Capital 
Funds, 
$1,516,184,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, 
projects, and activities, and for expenses of the National 
Defense Reserve Fleet, as established by section 11 of the 
Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 
and for the necessary expenses to maintain and preserve 
a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $697,840,000, to remain avail-
able until expended: Provided, That none of the funds pro-
vided in this paragraph shall be used to award a new con-
tract that provides for the acquisition of any of the fol-
lowing major components unless such components are 
manufactured in the United States: auxiliary equipment, 
including pumps, for all shipboard services; propulsion 
system components (engines, reduction gears, and propel-
lers); shipboard cranes; and spreaders for shipboard 
cranes: Provided further, That the exercise of an option 
in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award 
of a new contract: Provided further, That the Secretary
of the military department responsible for such procure-
ment may waive the restrictions in the first proviso on 
a case-by-case basis by certifying in writing to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made 
in order to acquire capability for national security pur-
poses. 
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical 
and health care programs of the Department of Defense 
as authorized by law, $32,715,304,000; of which 
$30,885,165,000 shall be for operation and maintenance, 
of which not to exceed one percent shall remain available 
until September 30, 2014, and of which up to 
$15,934,952,000 may be available for contracts entered 
into 
under 
the 
TRICARE 
program; 
of 
which 
$521,762,000, to remain available for obligation until Sep-
tember 30, 2015, shall be for procurement; and of which 
$1,308,377,000, to remain available for obligation until 
September 30, 2014, shall be for research, development, 
test and evaluation: Provided, That, notwithstanding any
other provision of law, of the amount made available under 
this heading for research, development, test and evalua-
tion, not less than $8,000,000 shall be available for HIV 
prevention educational activities undertaken in connection 
with United States military training, exercises, and hu-
manitarian assistance activities conducted primarily in Af-
rican nations: Provided further, That of the funds provided 
to develop a joint Department of Defense—Department 
of Veterans Affairs (DOD–VA) integrated Electronic 
Health Record, not more than 25 percent may be obli-
gated until the DOD–VA Interagency Program Office sub-
mits to the Committees on Appropriations of both Houses 
of Congress, and such Committees approve, a plan for ex-
penditure that: (1) defines the budget and cost baseline 
for development of the integrated Electronic Health 
Record; (2) identifies the deployment timeline for the sys-
tem for both agencies; (3) breaks out annual and total 
spending for each Department; (4) relays detailed cost- 
sharing business rules; (5) establishes data standardiza-
tion schedules between the Departments; (6) has been sub-
mitted to the Government Accountability Office for review; 
and (7) complies with the acquisition rules, requirements, 
guidelines, and systems acquisition management practices 
of the Federal Government.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE 
For expenses, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal 
chemical agents and munitions in accordance with the pro-
visions of section 1412 of the Department of Defense Au-
thorization Act, 1986 (50 U.S.C. 1521), and for the de-
struction of other chemical warfare materials that are not 
in the chemical weapon stockpile, $1,301,786,000, of 
which $635,843,000 shall be for operation and mainte-
nance, of which no less than $53,948,000 shall be for the 
Chemical Stockpile Emergency Preparedness Program, 
consisting of $22,214,000 for activities on military instal-
lations and $31,734,000, to remain available until Sep-
tember 30, 2014, to assist State and local governments; 
$18,592,000 shall be for procurement, to remain available 
until September 30, 2015, of which $1,823,000 shall be 
for the Chemical Stockpile Emergency Preparedness Pro-
gram to assist State and local governments; and 
$647,351,000, to remain available until September 30, 
2014, shall be for research, development, test and evalua-
tion, of which $627,705,000 shall only be for the Assem-
bled Chemical Weapons Alternatives (ACWA) program.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of 
the Department of Defense, for transfer to appropriations 
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for oper-
ation and maintenance; for procurement; and for research, 
development, test and evaluation, $1,159,263,000: Pro-
vided, That the funds appropriated under this heading 
shall be available for obligation for the same time period 
and for the same purpose as the appropriation to which 
transferred: Provided further, That upon a determination 
that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided here-
in, such amounts may be transferred back to this appro-
priation: Provided further, That the transfer authority pro-
vided under this heading is in addition to any other trans-
fer authority contained elsewhere in this Act. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the In-
spector General in carrying out the provisions of the In-
spector General Act of 1978, as amended, $350,321,000, 
of which $347,621,000 shall be for operation and mainte-
nance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on 
the approval or authority of the Inspector General, and 
payments may be made on the Inspector General’s certifi-
cate of necessity for confidential military purposes; and 
of which $2,700,000, to remain available until September 
30, 2015, shall be for procurement. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM FUND 
For payment to the Central Intelligence Agency Re-
tirement and Disability System Fund, to maintain the 
proper funding level for continuing the operation of the 
Central Intelligence Agency Retirement and Disability 
System, $514,000,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For necessary expenses of the Intelligence Commu-
nity Management Account, $534,421,000. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained 
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions 
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States 
shall not apply to personnel of the Department of Defense: 
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of 
Defense funded by this Act shall not be at a rate in excess 
of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is 
computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percent-
age increase provided by the appropriate host nation to 
its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of De-
fense foreign service national employees serving at United 
States diplomatic missions whose pay is set by the Depart-
ment of State under the Foreign Service Act of 1980: Pro-
vided further, That the limitations of this provision shall 
not apply to foreign national employees of the Department 
of Defense in the Republic of Turkey. 
SEC. 8003. No part of any appropriation contained 
in this Act shall remain available for obligation beyond 
the current fiscal year, unless expressly so provided herein. 
SEC. 8004. No more than 20 percent of the appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the 
last 2 months of the fiscal year: Provided, That this sec-
tion shall not apply to obligations for support of active 
duty training of reserve components or summer camp 
training of the Reserve Officers’ Training Corps. 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of 
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Manage-
ment and Budget, transfer not to exceed $4,000,000,000 
of working capital funds of the Department of Defense 
or funds made available in this Act to the Department 
of Defense for military functions (except military con-
struction) between such appropriations or funds or any 
subdivision thereof, to be merged with and to be available 
for the same purposes, and for the same time period, as 
the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless 
for higher priority items, based on unforeseen military re-
quirements, than those for which originally appropriated 
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further, 
That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority 
or any other authority in this Act: Provided further, That
no part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropria-
tions for reprogramming of funds, unless for higher pri-
ority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no 
case where the item for which reprogramming is requested 
has been denied by the Congress: Provided further, That 
a request for multiple reprogrammings of funds using au-
thority provided in this section shall be made prior to June 
30, 2013: Provided further, That transfers among military 
personnel appropriations shall not be taken into account 
for purposes of the limitation on the amount of funds that 
may be transferred under this section. 
SEC. 8006. (a) With regard to the list of specific pro-
grams, projects, and activities (and the dollar amounts 
and adjustments to budget activities corresponding to 
such programs, projects, and activities) contained in the 
tables titled ‘‘Explanation of Project Level Adjustments’’ 
in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act), the 
obligation and expenditure of amounts appropriated or 
otherwise made available in this Act for those programs, 
projects, and activities for which the amounts appro-
priated exceed the amounts requested are hereby required 
by law to be carried out in the manner provided by such
tables to the same extent as if the tables were included 
in the text of this Act. 
(b) Amounts specified in the referenced tables de-
scribed in subsection (a) shall not be treated as subdivi-
sions of appropriations for purposes of section 8005 of this 
Act: Provided, That section 8005 shall apply when trans-
fers of the amounts described in subsection (a) occur be-
tween appropriation accounts. 
SEC. 8007. (a) Not later than 60 days after enact-
ment of this Act, the Department of Defense shall submit 
a report to the congressional defense committees to estab-
lish the baseline for application of reprogramming and 
transfer authorities for fiscal year 2013: Provided, That 
the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation both by budget activity and program, 
project, and activity as detailed in the Budget Ap-
pendix; and 
(3) an identification of items of special congres-
sional interest.
(b) Notwithstanding section 8005 of this Act, none 
of the funds provided in this Act shall be available for 
reprogramming or transfer until the report identified in 
subsection (a) is submitted to the congressional defense 
committees, unless the Secretary of Defense certifies in 
writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency 
requirement. 
(TRANSFER OF FUNDS) 
SEC. 8008. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, 
United States Code, may be maintained in only such 
amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds: Provided further, 
That transfers may be made between working capital 
funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of 
the Office of Management and Budget, except that such 
transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except 
in amounts equal to the amounts appropriated to working
shall be available to initiate multiyear procurement con-
tracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 un-
less specifically provided in this Act: Provided further, 
That no multiyear procurement contract can be termi-
nated without 10-day prior notification to the congres-
sional defense committees: Provided further, That the exe-
cution of multiyear authority shall require the use of a 
present value analysis to determine lowest cost compared 
to an annual procurement: Provided further, That none of 
the funds provided in this Act may be used for a multiyear 
contract executed after the date of the enactment of this 
Act unless in the case of any such contract— 
(1) the Secretary of Defense has submitted to 
Congress a budget request for full funding of units 
to be procured through the contract and, in the case 
of a contract for procurement of aircraft, that in-
cludes, for any aircraft unit to be procured through 
the contract for which procurement funds are re-
quested in that budget request for production be-
yond advance procurement activities in the fiscal 
year covered by the budget, full funding of procure-
ment of such unit in that fiscal year; 
(2) cancellation provisions in the contract do 
not include consideration of recurring manufacturing
costs of the contractor associated with the produc-
tion of unfunded units to be delivered under the con-
tract; 
(3) the contract provides that payments to the 
contractor under the contract shall not be made in 
advance of incurred costs on funded units; and 
(4) the contract does not provide for a price ad-
justment based on a failure to award a follow-on 
contract. 
Funds appropriated in title III of this Act may be 
used for a multiyear procurement contract as follows: 
F/A–18E, F/A–18F, and EA–18G aircraft; up to 10 
DDG–51 Arleigh Burke class Flight IIA guided missile 
destroyers, as well as the AEGIS Weapon Systems, MK 
Vertical 
Launching 
Systems, 
and 
Commercial 
Broadband Satellite Systems associated with those vessels; 
SSN–774 Virginia class submarine and government-fur-
nished equipment; CH–47 Chinook helicopter; and V–22 
Osprey aircraft variants. 
SEC. 8011. Within the funds appropriated for the op-
eration and maintenance of the Armed Forces, funds are 
hereby appropriated pursuant to section 401 of title 10, 
United States Code, for humanitarian and civic assistance 
costs under chapter 20 of title 10, United States Code. 
Such funds may also be obligated for humanitarian and
civic assistance costs incidental to authorized operations 
and pursuant to authority granted in section 401 of chap-
ter 20 of title 10, United States Code, and these obliga-
tions shall be reported as required by section 401(d) of 
title 10, United States Code: Provided, That funds avail-
able for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using 
Civic Action Teams in the Trust Territories of the Pacific 
Islands and freely associated states of Micronesia, pursu-
ant to the Compact of Free Association as authorized by 
Public Law 99–239: Provided further, That upon a deter-
mination by the Secretary of the Army that such action 
is beneficial for graduate medical education programs con-
ducted at Army medical facilities located in Hawaii, the 
Secretary of the Army may authorize the provision of med-
ical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients 
from American Samoa, the Commonwealth of the North-
ern Mariana Islands, the Marshall Islands, the Federated 
States of Micronesia, Palau, and Guam. 
SEC. 8012. (a) During fiscal year 2013, the civilian 
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the manage-
ment of such personnel during that fiscal year shall not 
be subject to any constraint or limitation (known as an
end-strength) on the number of such personnel who may 
be employed on the last day of such fiscal year. 
(b) The fiscal year 2014 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2014 
Department of Defense budget request shall be prepared 
and submitted to the Congress as if subsections (a) and 
(b) of this provision were effective with regard to fiscal 
year 2014. 
(c) Nothing in this section shall be construed to apply 
to military (civilian) technicians. 
SEC. 8013. None of the funds made available by this 
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress. 
SEC. 8014. None of the funds appropriated by this 
Act shall be available for the basic pay and allowances of 
any member of the Army participating as a full-time stu-
dent and receiving benefits paid by the Secretary of Vet-
erans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is 
credited toward completion of a service commitment: Pro-
vided, That this section shall not apply to those members 
who have reenlisted with this option prior to October 1,
1987: Provided further, That this section applies only to 
active components of the Army. 
(TRANSFER OF FUNDS) 
SEC. 8015. Funds appropriated in title III of this Act 
for the Department of Defense Pilot Mentor-Prote´ge´ Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing 
a Mentor-Prote´ge´
Program developmental assistance 
agreement pursuant to section 831 of the National De-
fense Authorization Act for Fiscal Year 1991 (Public Law 
101–510; 10 U.S.C. 2302 note), as amended, under the 
authority of this provision or any other transfer authority 
contained in this Act. 
SEC. 8016. None of the funds in this Act may be 
available for the purchase by the Department of Defense 
(and its departments and agencies) of welded shipboard 
anchor and mooring chain 4 inches in diameter and under 
unless the anchor and mooring chain are manufactured 
in the United States from components which are substan-
tially manufactured in the United States: Provided, That 
for the purpose of this section, the term ‘‘manufactured’’ 
shall include cutting, heat treating, quality control, testing 
of chain and welding (including the forging and shot blast-
ing process): Provided further, That for the purpose of this 
section substantially all of the components of anchor and
mooring chain shall be considered to be produced or manu-
factured in the United States if the aggregate cost of the 
components produced or manufactured in the United 
States exceeds the aggregate cost of the components pro-
duced or manufactured outside the United States: Pro-
vided further, That when adequate domestic supplies are 
not available to meet Department of Defense requirements 
on a timely basis, the Secretary of the service responsible 
for the procurement may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations that such an acquisition must be made 
in order to acquire capability for national security pur-
poses. 
SEC. 8017. None of the funds available to the De-
partment of Defense may be used to demilitarize or dis-
pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 
.22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 
to demilitarize or destroy small arms ammunition or am-
munition components that are not otherwise prohibited 
from commercial sale under Federal law, unless the small 
arms ammunition or ammunition components are certified 
by the Secretary of the Army or designee as unserviceable 
or unsafe for further use. 
SEC. 8018. No more than $500,000 of the funds ap-
propriated or made available in this Act shall be used dur-
ing a single fiscal year for any single relocation of an orga-
nization, unit, activity or function of the Department of 
Defense into or within the National Capital Region: Pro-
vided, That the Secretary of Defense may waive this re-
striction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relo-
cation is required in the best interest of the Government. 
SEC. 8019. In addition to the funds provided else-
where in this Act, $15,000,000 is appropriated only for 
incentive payments authorized by section 504 of the In-
dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 
That a prime contractor or a subcontractor at any tier 
that makes a subcontract award to any subcontractor or 
supplier as defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by 
an individual or individuals defined under section 4221(9) 
of title 25, United States Code, shall be considered a con-
tractor for the purposes of being allowed additional com-
pensation under section 504 of the Indian Financing Act 
of 1974 (25 U.S.C. 1544) whenever the prime contract 
or subcontract amount is over $500,000 and involves the 
expenditure of funds appropriated by an Act making Ap-
propriations for the Department of Defense with respect 
to any fiscal year: Provided further, That notwithstanding 
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisi-
tion of supplies or services, including any contract and any 
subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part, by any 
subcontractor or supplier defined in section 1544 of title 
25, United States Code, or a small business owned and 
controlled by an individual or individuals defined under 
section 4221(9) of title 25, United States Code. 
SEC. 8020. Funds appropriated by this Act for the 
Defense Media Activity shall not be used for any national 
or international political or psychological activities. 
SEC. 8021. During the current fiscal year, the De-
partment of Defense is authorized to incur obligations of 
not to exceed $350,000,000 for purposes specified in sec-
tion 2350j(c) of title 10, United States Code, in anticipa-
tion of receipt of contributions, only from the Government 
of Kuwait, under that section: Provided, That upon re-
ceipt, such contributions from the Government of Kuwait 
shall be credited to the appropriations or fund which in-
curred such obligations. 
SEC. 8022. (a) Of the funds made available in this 
Act, not less than $38,634,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
(1) $28,404,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil
Air Patrol Corporation operation and maintenance, 
readiness, counterdrug activities, and drug demand 
reduction activities involving youth programs; 
(2) $9,298,000 shall be available from ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $932,000 shall be available from ‘‘Other 
Procurement, Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and 
local government agencies. 
SEC. 8023. (a) None of the funds appropriated in this 
Act are available to establish a new Department of De-
fense (department) federally funded research and develop-
ment center (FFRDC), either as a new entity, or as a 
separate entity administrated by an organization man-
aging another FFRDC, or as a nonprofit membership cor-
poration consisting of a consortium of other FFRDCs and 
other nonprofit entities. 
(b) No member of a Board of Directors, Trustees, 
Overseers, Advisory Group, Special Issues Panel, Visiting 
Committee, or any similar entity of a defense FFRDC, 
and no paid consultant to any defense FFRDC, except 
when acting in a technical advisory capacity, may be com-
pensated for his or her services as a member of such enti-
ty, or as a paid consultant by more than one FFRDC in 
a fiscal year: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Fed-
eral Joint Travel Regulations, when engaged in the per-
formance of membership duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to the department from any source 
during fiscal year 2013 may be used by a defense FFRDC, 
through a fee or other payment mechanism, for construc-
tion of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of 
contract overruns, or for certain charitable contributions, 
not to include employee participation in community service 
and/or development. 
(d) Notwithstanding any other provision of law, of 
the funds available to the department during fiscal year 
2013, not more than 5,750 staff years of technical effort 
(staff years) may be funded for defense FFRDCs: Pro-
vided; That of the specific amount referred to previously 
in this subsection, not more than 1,125 staff years may 
be funded for the defense studies and analysis FFRDCs: 
Provided further, That this subsection shall not apply to 
staff years funded in the National Intelligence Program 
(NIP) and the Military Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submis-
sion of the department’s fiscal year 2014 budget request, 
submit a report presenting the specific amounts of staff 
years of technical effort to be allocated for each defense 
FFRDC during that fiscal year and the associated budget 
estimates. 
SEC. 8024. None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy, 
or armor steel plate for use in any Government-owned fa-
cility or property under the control of the Department of 
Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement re-
strictions shall apply to any and all Federal Supply Class 
9515, American Society of Testing and Materials (ASTM) 
or American Iron and Steel Institute (AISI) specifications 
of carbon, alloy or armor steel plate: Provided further, 
That the Secretary of the military department responsible 
for the procurement may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate that adequate domestic supplies are not available 
to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order 
to acquire capability for national security purposes: Pro-
vided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enact-
ment of this Act. 
SEC. 8025. For the purposes of this Act, the term 
‘‘congressional defense committees’’ means the Armed 
Services Committee of the House of Representatives, the 
Armed Services Committee of the Senate, the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representa-
tives. 
SEC. 8026. During the current fiscal year, the De-
partment of Defense may acquire the modification, depot 
maintenance and repair of aircraft, vehicles and vessels 
as well as the production of components and other De-
fense-related articles, through competition between De-
partment of Defense depot maintenance activities and pri-
vate firms: Provided, That the Senior Acquisition Execu-
tive of the military department or Defense Agency con-
cerned, with power of delegation, shall certify that success-
ful bids include comparable estimates of all direct and in-
direct costs for both public and private bids: Provided fur-
ther, That Office of Management and Budget Circular A– 
76 shall not apply to competitions conducted under this 
section.
SEC. 8027. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the 
terms of the agreement by discriminating against certain 
types of products produced in the United States that are 
covered by the agreement, the Secretary of Defense shall 
rescind the Secretary’s blanket waiver of the Buy Amer-
ican Act with respect to such types of products produced 
in that foreign country. 
(2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country 
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products 
in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense 
purchases from foreign entities in fiscal year 2013. Such 
report shall separately indicate the dollar value of items 
for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade 
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a 
party.
(c) For purposes of this section, the term ‘‘Buy 
American Act’’ means chapter 83 of title 41, United 
States Code. 
SEC. 8028. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by sec-
tion 2921(c)(1) of the National Defense Authorization Act 
of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 
be available until expended for the payments specified by 
section 2921(c)(2) of that Act. 
SEC. 8029. (a) Notwithstanding any other provision 
of law, the Secretary of the Air Force may convey at no 
cost to the Air Force, without consideration, to Indian 
tribes located in the States of Nevada, Idaho, North Da-
kota, South Dakota, Montana, Oregon, Minnesota, and 
Washington relocatable military housing units located at 
Grand Forks Air Force Base, Malmstrom Air Force Base, 
Mountain Home Air Force Base, Ellsworth Air Force 
Base, and Minot Air Force Base that are excess to the 
needs of the Air Force. 
(b) The Secretary of the Air Force shall convey, at 
no cost to the Air Force, military housing units under sub-
section (a) in accordance with the request for such units 
that are submitted to the Secretary by the Operation 
Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Da-
kota, Montana, Oregon, Minnesota, and Washington. Any 
such conveyance shall be subject to the condition that the 
housing units shall be removed within a reasonable period 
of time, as determined by the Secretary. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for 
housing units under subsection (a) before submitting re-
quests to the Secretary of the Air Force under subsection 
(b). 
(d) In this section, the term ‘‘Indian tribe’’ means 
any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section 
104 of the Federally Recognized Indian Tribe Act of 1994 
(Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 
1). 
SEC. 8030. During the current fiscal year, appropria-
tions which are available to the Department of Defense 
for operation and maintenance may be used to purchase 
items having an investment item unit cost of not more 
than $250,000. 
SEC. 8031. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the 
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable 
to the Department of Defense Business Operations Fund 
during fiscal year 1994 and if the purchase of such an 
investment item would be chargeable during the current 
fiscal year to appropriations made to the Department of 
Defense for procurement. 
(b) The fiscal year 2014 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2014 
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be 
budgeted for in a proposed fiscal year 2014 procurement 
appropriation and not in the supply management business 
area or any other area or category of the Department of 
Defense Working Capital Funds. 
SEC. 8032. None of the funds appropriated by this 
Act for programs of the Central Intelligence Agency shall 
remain available for obligation beyond the current fiscal 
year, except for funds appropriated for the Reserve for 
Contingencies, which shall remain available until Sep-
tember 30, 2014: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intel-
ligence Agency Central Services Working Capital Fund 
during this or any prior or subsequent fiscal year shall 
remain available until expended: Provided further, That 
any funds appropriated or transferred to the Central Intel-
ligence Agency for advanced research and development ac-
quisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of 
the National Security Act of 1947, as amended, shall re-
main available until September 30, 2014. 
SEC. 8033. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence 
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands. 
SEC. 8034. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Main-
tenance, Defense-Wide’’, not less than $12,000,000 shall 
be made available only for the mitigation of environmental 
impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost 
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities. 
SEC. 8035. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, com-
plies with the Buy American Act. For purposes of this 
subsection, the term ‘‘Buy American Act’’ means chapter 
83 of title 41, United States Code. 
(b) If the Secretary of Defense determines that a per-
son has been convicted of intentionally affixing a label 
bearing a ‘‘Made in America’’ inscription to any product 
sold in or shipped to the United States that is not made 
in America, the Secretary shall determine, in accordance 
with section 2410f of title 10, United States Code, wheth-
er the person should be debarred from contracting with 
the Department of Defense. 
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is 
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase 
only American-made equipment and products, provided 
that American-made equipment and products are cost- 
competitive, quality competitive, and available in a timely 
fashion.
SEC. 8036. None of the funds appropriated by this 
Act shall be available for a contract for studies, analysis, 
or consulting services entered into without competition on 
the basis of an unsolicited proposal unless the head of the 
activity responsible for the procurement determines— 
(1) as a result of thorough technical evaluation, 
only one source is found fully qualified to perform 
the proposed work; 
(2) the purpose of the contract is to explore an 
unsolicited proposal which offers significant sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or 
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a 
new product or idea of a specific concern is given fi-
nancial support: Provided, That this limitation shall 
not apply to contracts in an amount of less than 
$25,000, contracts related to improvements of equip-
ment that is in development or production, or con-
tracts as to which a civilian official of the Depart-
ment of Defense, who has been confirmed by the 
Senate, determines that the award of such contract 
is in the interest of the national defense.
SEC. 8037. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place 
of duty remains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection 
(a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the 
House of Representatives and Senate that the granting 
of the waiver will reduce the personnel requirements or 
the financial requirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the 
National Intelligence Program; 
(2) an Army field operating agency established 
to eliminate, mitigate, or counter the effects of im-
provised explosive devices, and, as determined by the 
Secretary of the Army, other similar threats; or 
(3) an Army field operating agency established 
to improve the effectiveness and efficiencies of bio-
metric activities and to integrate common biometric 
technologies throughout the Department of Defense. 
SEC. 8038. None of the funds made available in this 
Act may be used to approve or license the sale of the F– 
22A advanced tactical fighter to any foreign government: 
Provided, That the Department of Defense may conduct 
or participate in studies, research, design and other activi-
ties to define and develop a future export version of the 
F–22A that protects classified and sensitive information, 
technologies and U.S. warfighting capabilities. 
SEC. 8039. The Secretary of Defense, notwith-
standing any other provision of law, acting through the 
Office of Economic Adjustment of the Department of De-
fense, may use funds made available in this Act under the 
heading ‘‘Operation and Maintenance, Defense-Wide’’ to 
make grants and supplement other Federal funds in ac-
cordance with the guidance provided in the explanatory 
statement described in section 4 (in the matter preceding 
division A of this consolidated Act). 
SEC. 8040. (a) None of the funds appropriated by 
this Act shall be available to convert to contractor per-
formance an activity or function of the Department of De-
fense that, on or after the date of the enactment of this 
Act, is performed by Department of Defense civilian em-
ployees unless—
(1) the conversion is based on the result of a 
public-private competition that includes a most effi-
cient and cost effective organization plan developed 
by such activity or function; 
(2) the Competitive Sourcing Official deter-
mines that, over all performance periods stated in 
the solicitation of offers for performance of the ac-
tivity or function, the cost of performance of the ac-
tivity or function by a contractor would be less costly 
to the Department of Defense by an amount that 
equals or exceeds the lesser of— 
(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advan-
tage for a proposal that would reduce costs for the 
Department of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the
employer to contribute less towards the pre-
mium or subscription share than the amount 
that is paid by the Department of Defense for 
health benefits for civilian employees under 
chapter 89 of title 5, United States Code. 
(b)(1) The Department of Defense, without regard 
to subsection (a) of this section or subsection (a), (b), or 
(c) of section 2461 of title 10, United States Code, and 
notwithstanding any administrative regulation, require-
ment, or policy to the contrary shall have full authority 
to enter into a contract for the performance of any com-
mercial or industrial type function of the Department of 
Defense that— 
(A) is included on the procurement list estab-
lished pursuant to section 2 of the Javits-Wagner- 
O’Day Act (section 8503 of title 41, United States 
Code); 
(B) is planned to be converted to performance 
by a qualified nonprofit agency for the blind or by 
a qualified nonprofit agency for other severely handi-
capped individuals in accordance with that Act; or 
(C) is planned to be converted to performance 
by a qualified firm under at least 51 percent owner-
ship by an Indian tribe, as defined in section 4(e) 
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b(e)), or a Native Ha-
waiian Organization, as defined in section 8(a)(15) 
of the Small Business Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot contracts 
or contracts for depot maintenance as provided in sections 
2469 and 2474 of title 10, United States Code. 
(c) The conversion of any activity or function of the 
Department of Defense under the authority provided by 
this section shall be credited toward any competitive or 
outsourcing goal, target, or measurement that may be es-
tablished by statute, regulation, or policy and is deemed 
to be awarded under the authority of, and in compliance 
with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of com-
mercial activities. 
(RESCISSIONS) 
SEC. 8041. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: 
‘‘Shipbuilding and Conversion, Navy, 2007/ 
2018’’: DDG–51 Destroyer, $98,400,000; 
‘‘Shipbuilding and Conversion, Navy, 2007/ 
2018’’: DDG–51 Destroyer Advance Procurement, 
$2,500,000;
‘‘Shipbuilding and Conversion, Navy, 2007/ 
2018’’: CVN Refueling Overhaul, $14,100,000; 
‘‘Procurement of Ammunition, Army, 2011/ 
2013’’, $14,862,000; 
‘‘Other 
Procurement, 
Army, 
2011/2013’’, 
$108,098,000; 
‘‘Aircraft Procurement, Navy, 2011/2013’’, 
$43,860,000; 
‘‘Shipbuilding and Conversion, Navy, 2011/ 
2015’’: DDG–51 Destroyer, $215,300,000; 
‘‘Weapons Procurement, Navy, 2011/2013’’, 
$22,000,000; 
‘‘Aircraft Procurement, Air Force, 2011/2013’’, 
$93,400,000; 
‘‘Other Procurement, Air Force, 2011/2013’’, 
$9,500,000; 
‘‘Operation and Maintenance, Defense-Wide, 
2012/XXXX’’, $21,000,000; 
‘‘Aircraft Procurement, Army, 2012/2014’’, 
$47,400,000; 
‘‘Other 
Procurement, 
Army, 
2012/2014’’, 
$179,608,000; 
‘‘Aircraft Procurement, Navy, 2012/2014’’, 
$19,040,000;
‘‘Shipbuilding and Conversion, Navy, 2012/ 
2016’’: Littoral Combat Ship, $28,800,000; 
‘‘Shipbuilding and Conversion, Navy, 2012/ 
2016’’: DDG–51 Destroyer, $83,000,000; 
‘‘Weapons Procurement, Navy, 2012/2014’’, 
$36,467,000; 
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps, 2012/2014’’, $16,300,000; 
‘‘Procurement, Marine Corps, 2012/2014’’, 
$132,555,000; 
‘‘Aircraft Procurement, Air Force, 2012/2014’’, 
$394,299,000; 
‘‘Missile Procurement, Air Force, 2012/2014’’, 
$52,898,000; 
‘‘Other Procurement, Air Force, 2012/2014’’, 
$55,800,000; 
‘‘Procurement, 
Defense-Wide, 
2012/2014’’, 
$16,000,000; 
‘‘Research, Development, Test and Evaluation, 
Army, 2012/2013’’, $41,000,000; 
‘‘Research, Development, Test and Evaluation, 
Navy, 2012/2013’’, $246,800,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2012/2013’’, $149,460,000.
SEC. 8042. None of the funds available in this Act 
may be used to reduce the authorized positions for mili-
tary technicians (dual status) of the Army National 
Guard, Air National Guard, Army Reserve and Air Force 
Reserve for the purpose of applying any administratively 
imposed civilian personnel ceiling, freeze, or reduction on 
military technicians (dual status), unless such reductions 
are a direct result of a reduction in military force struc-
ture. 
SEC. 8043. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose. 
SEC. 8044. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available 
for reimbursement of pay, allowances and other expenses 
which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the 
activities and programs included within the National Intel-
ligence Program and the Military Intelligence Program: 
Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel 
and training procedures. 
SEC. 8045. During the current fiscal year, none of 
the funds appropriated in this Act may be used to reduce 
the civilian medical and medical support personnel as-
signed to military treatment facilities below the September 
30, 2003, level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional defense committees that the beneficiary population 
is declining in some catchment areas and civilian strength 
reductions may be consistent with responsible resource 
stewardship and capitation-based budgeting. 
SEC. 8046. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to 
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction 
and counter-drug activities may be transferred to any 
other department or agency of the United States except 
as specifically provided in an appropriations law. 
SEC. 8047. None of the funds appropriated by this 
Act may be used for the procurement of ball and roller 
bearings other than those produced by a domestic source
and of domestic origin: Provided, That the Secretary of 
the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that 
such an acquisition must be made in order to acquire ca-
pability for national security purposes: Provided further, 
That this restriction shall not apply to the purchase of 
‘‘commercial items’’, as defined by section 4(12) of the 
Office of Federal Procurement Policy Act, except that the 
restriction shall apply to ball or roller bearings purchased 
as end items. 
SEC. 8048. None of the funds in this Act may be 
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees 
that such an acquisition must be made in order to acquire 
capability for national security purposes that is not avail-
able from United States manufacturers. 
SEC. 8049. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of the Department of Defense who ap-
proves or implements the transfer of administrative re-
sponsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction 
of another Federal agency not financed by this Act with-
out the express authorization of Congress: Provided, That 
this limitation shall not apply to transfers of funds ex-
pressly provided for in Defense Appropriations Acts, or 
provisions of Acts providing supplemental appropriations 
for the Department of Defense. 
SEC. 8050. (a) Notwithstanding any other provision 
of law, none of the funds available to the Department of 
Defense for the current fiscal year may be obligated or 
expended to transfer to another nation or an international 
organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense commit-
tees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations 
of the Senate are notified 15 days in advance of such 
transfer. 
(b) This section applies to— 
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter 
VI or chapter VII of the United Nations Charter 
under the authority of a United Nations Security 
Council resolution; and
(2) any other international peacekeeping, peace- 
enforcement, or humanitarian assistance operation. 
(c) A notice under subsection (a) shall include the 
following: 
(1) A description of the equipment, supplies, or 
services to be transferred. 
(2) A statement of the value of the equipment, 
supplies, or services to be transferred. 
(3) In the case of a proposed transfer of equip-
ment or supplies— 
(A) a statement of whether the inventory 
requirements of all elements of the Armed 
Forces (including the reserve components) for 
the type of equipment or supplies to be trans-
ferred have been met; and 
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced 
and, if so, how the President proposes to pro-
vide funds for such replacement. 
SEC. 8051. None of the funds available to the De-
partment of Defense under this Act shall be obligated or 
expended to pay a contractor under a contract with the 
Department of Defense for costs of any amount paid by 
the contractor to an employee when—
(1) such costs are for a bonus or otherwise in 
excess of the normal salary paid by the contractor 
to the employee; and 
(2) such bonus is part of restructuring costs as-
sociated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8052. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’ may be transferred to appropriations available for 
the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations 
to which transferred, to be used in support of such per-
sonnel in connection with support and services for eligible 
organizations and activities outside the Department of De-
fense pursuant to section 2012 of title 10, United States 
Code. 
SEC. 8053. During the current fiscal year, in the case 
of an appropriation account of the Department of Defense 
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section 
1552 of title 31, United States Code, and which has a 
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged
SEC. 8054. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may per-
mit the use of equipment of the National Guard Distance 
Learning Project by any person or entity on a space-avail-
able, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for 
such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Dis-
tance Learning Project and be available to defray the costs 
associated with the use of equipment of the project under 
that subsection. Such funds shall be available for such 
purposes without fiscal year limitation. 
SEC. 8055. Using funds made available by this Act 
or any other Act, the Secretary of the Air Force, pursuant 
to a determination under section 2690 of title 10, United 
States Code, may implement cost-effective agreements for 
required 
heating 
facility 
modernization 
in 
the 
Kaiserslautern Military Community in the Federal Repub-
lic of Germany: Provided, That in the City of 
Kaiserslautern and at the Rhine Ordnance Barracks area, 
such agreements will include the use of United States an-
thracite as the base load energy for municipal district heat 
to the United States Defense installations: Provided fur-
ther, That at Landstuhl Army Regional Medical Center
and Ramstein Air Base, furnished heat may be obtained 
from private, regional or municipal services, if provisions 
are included for the consideration of United States coal 
as an energy source. 
SEC. 8056. None of the funds appropriated in title 
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational 
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development, 
prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this 
restriction does not apply to programs funded within the 
National Intelligence Program: Provided further, That the 
Secretary of Defense may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do 
so. 
SEC. 8057. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign
country, or would invalidate reciprocal trade agreements 
for the procurement of defense items entered into under 
section 2531 of title 10, United States Code, and the 
country does not discriminate against the same or similar 
defense items produced in the United States for that coun-
try. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on 
or after the date of the enactment of this Act; and 
(2) options for the procurement of items that 
are exercised after such date under contracts that 
are entered into before such date if the option prices 
are adjusted for any reason other than the applica-
tion of a waiver granted under subsection (a). 
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by 
section 11 (chapters 50–65) of the Harmonized Tariff 
Schedule and products classified under headings 4010, 
4202, 4203, 6401 through 6406, 6505, 7019, 7218 
through 7229, 7304.41 through 7304.49, 7306.40, 7502 
through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8058. (a) None of the funds made available by 
this Act may be used to support any training program in-
volving a unit of the security forces or police of a foreign
country if the Secretary of Defense has received credible 
information from the Department of State that the unit 
has committed a gross violation of human rights, unless 
all necessary corrective steps have been taken. 
(b) The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision 
to conduct any training program referred to in subsection 
(a), full consideration is given to all credible information 
available to the Department of State relating to human 
rights violations by foreign security forces. 
(c) The Secretary of Defense, after consultation with 
the Secretary of State, may waive the prohibition in sub-
section (a) if he determines that such waiver is required 
by extraordinary circumstances. 
(d) Not more than 15 days after the exercise of any 
waiver under subsection (c), the Secretary of Defense shall 
submit a report to the congressional defense committees 
describing the extraordinary circumstances, the purpose 
and duration of the training program, the United States 
forces and the foreign security forces involved in the train-
ing program, and the information relating to human rights 
violations that necessitates the waiver. 
SEC. 8059. None of the funds appropriated or other-
wise made available by this or other Department of De-
fense Appropriations Acts may be obligated or expended
for the purpose of performing repairs or maintenance to 
military family housing units of the Department of De-
fense, including areas in such military family housing 
units that may be used for the purpose of conducting offi-
cial Department of Defense business. 
SEC. 8060. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’ for any new start advanced concept technology 
demonstration project or joint capability demonstration 
project may only be obligated 45 days after a report, in-
cluding a description of the project, the planned acquisi-
tion and transition strategy and its estimated annual and 
total cost, has been provided in writing to the congres-
sional defense committees: Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case 
basis by certifying to the congressional defense committees 
that it is in the national interest to do so. 
SEC. 8061. The Secretary of Defense shall provide 
a classified quarterly report beginning 30 days after enact-
ment of this Act, to the House and Senate Appropriations 
Committees, Subcommittees on Defense on certain mat-
ters as directed in the classified annex accompanying this 
Act.
SEC. 8062. During the current fiscal year, none of 
the funds available to the Department of Defense may be 
used to provide support to another department or agency 
of the United States if such department or agency is more 
than 90 days in arrears in making payment to the Depart-
ment of Defense for goods or services previously provided 
to such department or agency on a reimbursable basis: 
Provided, That this restriction shall not apply if the de-
partment is authorized by law to provide support to such 
department or agency on a nonreimbursable basis, and is 
providing the requested support pursuant to such author-
ity: Provided further, That the Secretary of Defense may 
waive this restriction on a case-by-case basis by certifying 
in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that it is in the 
national security interest to do so. 
SEC. 8063. Notwithstanding section 12310(b) of title 
10, United States Code, a Reserve who is a member of 
the National Guard serving on full-time National Guard 
duty under section 502(f) of title 32, United States Code, 
may perform duties in support of the ground-based ele-
ments of the National Ballistic Missile Defense System. 
SEC. 8064. None of the funds provided in this Act 
may be used to transfer to any nongovernmental entity 
ammunition held by the Department of Defense that has
a center-fire cartridge and a United States military no-
menclature designation of ‘‘armor penetrator’’, ‘‘armor 
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 
‘‘armor-piercing incendiary tracer (API–T)’’, except to an 
entity performing demilitarization services for the Depart-
ment of Defense under a contract that requires the entity 
to demonstrate to the satisfaction of the Department of 
Defense that armor piercing projectiles are either: (1) ren-
dered incapable of reuse by the demilitarization process; 
or (2) used to manufacture ammunition pursuant to a con-
tract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Per-
manent Export of Unclassified Military Articles issued by 
the Department of State. 
SEC. 8065. Notwithstanding any other provision of 
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under section 2667 
of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to 
any organization specified in section 508(d) of title 32, 
United States Code, or any other youth, social, or fra-
ternal nonprofit organization as may be approved by the 
Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis.
SEC. 8066. None of the funds appropriated by this 
Act shall be used for the support of any nonappropriated 
funds activity of the Department of Defense that procures 
malt beverages and wine with nonappropriated funds for 
resale (including such alcoholic beverages sold by the 
drink) on a military installation located in the United 
States unless such malt beverages and wine are procured 
within that State, or in the case of the District of Colum-
bia, within the District of Columbia, in which the military 
installation is located: Provided, That in a case in which 
the military installation is located in more than one State, 
purchases may be made in any State in which the installa-
tion is located: Provided further, That such local procure-
ment requirements for malt beverages and wine shall 
apply to all alcoholic beverages only for military installa-
tions in States which are not contiguous with another 
State: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most 
competitive source, price and other factors considered. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8067. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$133,381,000 shall remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
the Secretary of Defense is authorized to transfer such 
funds to other activities of the Federal Government: Pro-
vided further, That the Secretary of Defense is authorized 
to enter into and carry out contracts for the acquisition 
of real property, construction, personal services, and oper-
ations related to projects carrying out the purposes of this 
section: Provided further, That contracts entered into 
under the authority of this section may provide for such 
indemnification as the Secretary determines to be nec-
essary: Provided further, That projects authorized by this 
section shall comply with applicable Federal, State, and 
local law to the maximum extent consistent with the na-
tional security, as determined by the Secretary of Defense. 
SEC. 8068. Section 8106 of the Department of De-
fense Appropriations Act, 1997 (titles I through VIII of 
the matter under subsection 101(b) of Public Law 104– 
208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con-
tinue in effect to apply to disbursements that are made 
by the Department of Defense in fiscal year 2013. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. During the current fiscal year, not to ex-
ceed $200,000,000 from funds available under ‘‘Operation 
and Maintenance, Defense-Wide’’ may be transferred to 
the Department of State ‘‘Global Security Contingency 
Fund’’: Provided, That this transfer authority is in addi-
tion to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary 
of Defense shall, not fewer than 30 days prior to making 
transfers to the Department of State ‘‘Global Security 
Contingency Fund’’, notify the congressional defense com-
mittees in writing with the source of funds and a detailed 
justification, execution plan, and timeline for each pro-
posed project. 
SEC. 8070. In addition to amounts provided else-
where in this Act, $4,000,000 is hereby appropriated to 
the Department of Defense, to remain available for obliga-
tion until expended: Provided, That notwithstanding any 
other provision of law, that upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, these funds shall be available only for a grant to the 
Fisher House Foundation, Inc., only for the construction 
and furnishing of additional Fisher Houses to meet the 
needs of military family members when confronted with 
the illness or hospitalization of an eligible military bene-
ficiary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8071. Of the amounts appropriated in this Act 
under the headings ‘‘Procurement, Defense-Wide’’ and 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’, $479,736,000 shall be for the Israeli Cooperative
Programs: Provided, That of this amount, $211,000,000 
shall be for the Secretary of Defense to provide to the Gov-
ernment of Israel for the procurement of the Iron Dome 
defense system to counter short-range rocket threats, 
$149,679,000 shall be for the Short Range Ballistic Mis-
sile Defense (SRBMD) program, including cruise missile 
defense research and development under the SRBMD pro-
gram, of which $39,200,000 shall be for production activi-
ties of SRBMD missiles in the United States and in Israel 
to meet Israel’s defense requirements consistent with each 
nation’s laws, regulations, and procedures, $74,692,000 
shall be available for an upper-tier component to the 
Israeli Missile Defense Architecture, and $44,365,000 
shall be for the Arrow System Improvement Program in-
cluding development of a long range, ground and airborne, 
detection suite: Provided further, That funds made avail-
able under this provision for production of missiles and 
missile components may be transferred to appropriations 
available for the procurement of weapons and equipment, 
to be merged with and to be available for the same time 
period and the same purposes as the appropriation to 
which transferred: Provided further, That the transfer au-
thority provided under this provision is in addition to any 
other transfer authority contained in this Act.
SEC. 8072. (a) None of the funds available to the 
Department of Defense may be obligated to modify com-
mand and control relationships to give Fleet Forces Com-
mand operational and administrative control of U.S. Navy 
forces assigned to the Pacific fleet. 
(b) None of the funds available to the Department 
of Defense may be obligated to modify command and con-
trol relationships to give United States Transportation 
Command operational and administrative control of C– 
130 and KC–135 forces assigned to the Pacific and Euro-
pean Air Force Commands. 
(c) The command and control relationships in sub-
sections (a) and (b) which existed on March 13, 2011, 
shall remain in force unless changes are specifically au-
thorized in a subsequent Act. 
(d) This subsection does not apply to administrative 
control of Navy Air and Missile Defense Command. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8073. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$372,573,000 shall be available until September 30, 2013, 
to fund prior year shipbuilding cost increases: Provided, 
That upon enactment of this Act, the Secretary of the 
Navy shall transfer funds to the following appropriations 
in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available 
for the same purposes as the appropriations to which 
transferred to: 
(1) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2007/2013’’: LHA Replacement Pro-
gram $156,685,000; 
(2) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2008/2013’’: LPD–17 Amphibious 
Transport Dock Program $80,888,000; and 
(3) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2009/2013’’: CVN Refueling Over-
hauls Program $135,000,000. 
SEC. 8074. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2013 until the enactment of the Intelligence Author-
ization Act for Fiscal Year 2013. 
SEC. 8075. None of the funds provided in this Act 
shall be available for obligation or expenditure through a 
reprogramming of funds that creates or initiates a new 
program, project, or activity unless such program, project, 
or activity must be undertaken immediately in the interest
of national security and only after written prior notifica-
tion to the congressional defense committees. 
SEC. 8076. The budget of the President for fiscal 
year 2014 submitted to the Congress pursuant to section 
1105 of title 31, United States Code, shall include sepa-
rate budget justification documents for costs of United 
States Armed Forces’ participation in contingency oper-
ations for the Military Personnel accounts, the Operation 
and Maintenance accounts, and the Procurement ac-
counts: Provided, That these documents shall include a de-
scription of the funding requested for each contingency op-
eration, for each military service, to include all Active and 
Reserve components, and for each appropriations account: 
Provided further, That these documents shall include esti-
mated costs for each element of expense or object class, 
a reconciliation of increases and decreases for each contin-
gency operation, and programmatic data including, but 
not limited to, troop strength for each Active and Reserve 
component, and estimates of the major weapons systems 
deployed in support of each contingency: Provided further, 
That these documents shall include budget exhibits OP– 
5 and OP–32 (as defined in the Department of Defense 
Financial Management Regulation) for all contingency op-
erations for the budget year and the two preceding fiscal 
years.
SEC. 8077. None of the funds in this Act may be 
used for research, development, test, evaluation, procure-
ment or deployment of nuclear armed interceptors of a 
missile defense system. 
SEC. 8078. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$44,000,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, he shall make grants in the amounts specified as fol-
lows: $20,000,000 to the United Service Organizations 
and $24,000,000 to the Red Cross. 
SEC. 8079. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force 
shall allow the 53rd Weather Reconnaissance Squadron to 
perform other missions in support of national defense re-
quirements during the non-hurricane season. 
SEC. 8080. None of the funds provided in this Act 
shall be available for integration of foreign intelligence in-
formation unless the information has been lawfully col-
lected and processed during the conduct of authorized for-
eign intelligence activities: Provided, That information 
pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as imple-
mented through Executive Order No. 12333. 
SEC. 8081. (a) At the time members of reserve com-
ponents of the Armed Forces are called or ordered to ac-
tive duty under section 12302(a) of title 10, United States 
Code, each member shall be notified in writing of the ex-
pected period during which the member will be mobilized. 
(b) The Secretary of Defense may waive the require-
ments of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a 
national security emergency or to meet dire operational 
requirements of the Armed Forces. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8082. The Secretary of Defense may transfer 
funds from any available Department of the Navy appro-
priation to any available Navy ship construction appro-
priation for the purpose of liquidating necessary changes 
resulting from inflation, market fluctuations, or rate ad-
justments for any ship construction program appropriated 
in law: Provided, That the Secretary may transfer not to 
exceed $100,000,000 under the authority provided by this 
section: Provided further, That the Secretary may not
transfer any funds until 30 days after the proposed trans-
fer has been reported to the Committees on Appropria-
tions of the House of Representatives and the Senate, un-
less a response from the Committees is received sooner: 
Provided further, That any funds transferred pursuant to 
this section shall retain the same period of availability as 
when originally appropriated: Provided further, That the 
transfer authority provided by this section is in addition 
to any other transfer authority contained elsewhere in this 
Act. 
SEC. 8083. For purposes of section 7108 of title 41, 
United States Code, any subdivision of appropriations 
made under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ that is not closed at the time reimbursement is 
made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any sub-
division under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ appropriations in the current fiscal year or any 
prior fiscal year. 
SEC. 8084. (a) None of the funds appropriated by 
this Act may be used to transfer research and develop-
ment, acquisition, or other program authority relating to 
current tactical unmanned aerial vehicles (TUAVs) from 
the Army.
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Gray Eagle Unmanned Aer-
ial Vehicle (UAV) in order to support the Secretary of De-
fense in matters relating to the employment of unmanned 
aerial vehicles. 
SEC. 8085. Up to $15,000,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
Navy’’ may be made available for the Asia Pacific Re-
gional Initiative Program for the purpose of enabling the 
Pacific Command to execute Theater Security Cooperation 
activities such as humanitarian assistance, and payment 
of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds 
made available for this purpose may be used, notwith-
standing any other funding authorities for humanitarian 
assistance, security assistance or combined exercise ex-
penses: Provided further, That funds may not be obligated 
to provide assistance to any foreign country that is other-
wise prohibited from receiving such type of assistance 
under any other provision of law. 
SEC. 8086. None of the funds appropriated by this 
Act for programs of the Office of the Director of National 
Intelligence shall remain available for obligation beyond 
the current fiscal year, except for funds appropriated for
research and technology, which shall remain available until 
September 30, 2014. 
SEC. 8087. For purposes of section 1553(b) of title 
31, United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8088. The Director of National Intelligence 
shall include the budget exhibits identified in paragraphs 
(1) and (2) as described in the Department of Defense 
Financial Management Regulation with the congressional 
budget justification books: 
(1) For procurement programs requesting more 
than $10,000,000 in any fiscal year, the P–1, Pro-
curement Program; P–5, Cost Analysis; P–5a, Pro-
curement History and Planning; P–21, Production 
Schedule; and P–40, Budget Item Justification. 
(2) For research, development, test and evalua-
tion projects requesting more than $5,000,000 in 
any fiscal year, the R–1, Research, Development, 
Test and Evaluation Program; R–2, Research, De-
velopment, Test and Evaluation Budget Item Jus-
tification; R–3, Research, Development, Test and 
Evaluation Project Cost Analysis; and R–4, Re-
search, Development, Test and Evaluation Program 
Schedule Profile. 
SEC. 8089. (a) Not later than 60 days after the date 
of enactment of this Act, the Director of National Intel-
ligence shall submit a report to the congressional intel-
ligence committees to establish the baseline for application 
of reprogramming and transfer authorities for fiscal year 
2013: Provided, That the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation by Expenditure Center and project; and 
(3) an identification of items of special congres-
sional interest. 
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence 
certifies in writing to the congressional intelligence com-
mittees that such reprogramming or transfer is necessary 
as an emergency requirement. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8090. Of the funds appropriated in the Intel-
ligence Community Management Account for the Program 
Manager for the Information Sharing Environment, 
$20,000,000 is available for transfer by the Director of 
National Intelligence to other departments and agencies 
for purposes of Government-wide information sharing ac-
tivities: Provided, That funds transferred under this provi-
sion are to be merged with and available for the same pur-
poses and time period as the appropriation to which trans-
ferred: Provided further, That the Office of Management 
and Budget must approve any transfers made under this 
provision. 
SEC. 8091. (a) None of the funds provided for the 
National Intelligence Program in this or any prior appro-
priations Act shall be available for obligation or expendi-
ture through a reprogramming or transfer of funds in ac-
cordance with section 102A(d) of the National Security 
Act of 1947 (50 U.S.C. 403–1(d)) that— 
(1) creates a new start effort; 
(2) terminates a program with appropriated 
funding of $10,000,000 or more;
100 
(3) transfers funding into or out of the Na-
tional Intelligence Program; or 
(4) transfers funding between appropriations, 
unless the congressional intelligence committees are noti-
fied 30 days in advance of such reprogramming of funds; 
this notification period may be reduced for urgent national 
security requirements. 
(b) None of the funds provided for the National Intel-
ligence Program in this or any prior appropriations Act 
shall be available for obligation or expenditure through a 
reprogramming or transfer of funds in accordance with 
section 102A(d) of the National Security Act of 1947 (50 
U.S.C. 403–1(d)) that results in a cumulative increase or 
decrease of the levels specified in the classified annex ac-
companying the Act unless the congressional intelligence 
committees are notified 30 days in advance of such re-
programming of funds; this notification period may be re-
duced for urgent national security requirements. 
SEC. 8092. The Director of National Intelligence 
shall submit to Congress each year, at or about the time 
that the President’s budget is submitted to Congress that 
year under section 1105(a) of title 31, United States 
Code, a future-years intelligence program (including asso-
ciated annexes) reflecting the estimated expenditures and 
proposed appropriations included in that budget. Any such
101 
future-years intelligence program shall cover the fiscal 
year with respect to which the budget is submitted and 
at least the four succeeding fiscal years. 
SEC. 8093. For the purposes of this Act, the term 
‘‘congressional intelligence committees’’ means the Perma-
nent Select Committee on Intelligence of the House of 
Representatives, the Select Committee on Intelligence of 
the Senate, the Subcommittee on Defense of the Com-
mittee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on 
Appropriations of the Senate. 
SEC. 8094. The Department of Defense shall con-
tinue to report incremental contingency operations costs 
for Operation New Dawn and Operation Enduring Free-
dom, or any other named operations in the U.S. Central 
Command area of operation on a monthly basis in the Cost 
of War Execution Report as prescribed in the Department 
of Defense Financial Management Regulation Department 
of Defense Instruction 7000.14, Volume 12, Chapter 23 
‘‘Contingency Operations’’, Annex 1, dated September 
2005. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8095. During the current fiscal year, not to ex-
ceed $11,000,000 from each of the appropriations made 
in title II of this Act for ‘‘Operation and Maintenance,
102 
Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-
ation and Maintenance, Air Force’’ may be transferred by 
the military department concerned to its central fund es-
tablished for Fisher Houses and Suites pursuant to sec-
tion 2493(d) of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8096. Funds appropriated by this Act for oper-
ation and maintenance may be available for the purpose 
of making remittances to the Defense Acquisition Work-
force Development Fund in accordance with the require-
ments of section 1705 of title 10, United States Code. 
SEC. 8097. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public Web site of that agency any report 
required to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the agen-
cy that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report com-
promises national security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to 
the requesting Committee or Committees of Congress for 
no less than 45 days.
103 
SEC. 8098. (a) None of the funds appropriated or 
otherwise made available by this Act may be expended for 
any Federal contract for an amount in excess of 
$1,000,000, unless the contractor agrees not to— 
(1) enter into any agreement with any of its 
employees or independent contractors that requires, 
as a condition of employment, that the employee or 
independent contractor agree to resolve through ar-
bitration any claim under title VII of the Civil 
Rights Act of 1964 or any tort related to or arising 
out of sexual assault or harassment, including as-
sault and battery, intentional infliction of emotional 
distress, false imprisonment, or negligent hiring, su-
pervision, or retention; or 
(2) take any action to enforce any provision of 
an existing agreement with an employee or inde-
pendent contractor that mandates that the employee 
or independent contractor resolve through arbitra-
tion any claim under title VII of the Civil Rights Act 
of 1964 or any tort related to or arising out of sex-
ual assault or harassment, including assault and 
battery, intentional infliction of emotional distress, 
false imprisonment, or negligent hiring, supervision, 
or retention.
104 
(b) None of the funds appropriated or otherwise 
made available by this Act may be expended for any Fed-
eral contract unless the contractor certifies that it requires 
each covered subcontractor to agree not to enter into, and 
not to take any action to enforce any provision of, any 
agreement as described in paragraphs (1) and (2) of sub-
section (a), with respect to any employee or independent 
contractor performing work related to such subcontract. 
For purposes of this subsection, a ‘‘covered subcon-
tractor’’ is an entity that has a subcontract in excess of 
$1,000,000 on a contract subject to subsection (a). 
(c) The prohibitions in this section do not apply with 
respect to a contractor’s or subcontractor’s agreements 
with employees or independent contractors that may not 
be enforced in a court of the United States. 
(d) The Secretary of Defense may waive the applica-
tion of subsection (a) or (b) to a particular contractor or 
subcontractor for the purposes of a particular contract or 
subcontract if the Secretary or the Deputy Secretary per-
sonally determines that the waiver is necessary to avoid 
harm to national security interests of the United States, 
and that the term of the contract or subcontract is not 
longer than necessary to avoid such harm. The determina-
tion shall set forth with specificity the grounds for the 
waiver and for the contract or subcontract term selected,
105 
and shall state any alternatives considered in lieu of a 
waiver and the reasons each such alternative would not 
avoid harm to national security interests of the United 
States. The Secretary of Defense shall transmit to Con-
gress, and simultaneously make public, any determination 
under this subsection not less than 15 business days be-
fore the contract or subcontract addressed in the deter-
mination may be awarded. 
SEC. 8099. None of the funds made available under 
this Act may be distributed to the Association of Commu-
nity Organizations for Reform Now (ACORN) or its sub-
sidiaries. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8100. From within the funds appropriated for 
operation and maintenance for the Defense Health Pro-
gram in this Act, up to $139,204,000, shall be available 
for transfer to the Joint Department of Defense-Depart-
ment of Veterans Affairs Medical Facility Demonstration 
Fund in accordance with the provisions of section 1704 
of the National Defense Authorization Act for Fiscal Year 
2010, Public Law 111–84: Provided, That for purposes 
of section 1704(b), the facility operations funded are oper-
ations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Vet-
erans Affairs Medical Center, the Navy Ambulatory Care
106 
Center, and supporting facilities designated as a combined 
Federal medical facility as described by section 706 of 
Public Law 110–417: Provided further, That additional 
funds may be transferred from funds appropriated for op-
eration and maintenance for the Defense Health Program 
to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund upon 
written notification by the Secretary of Defense to the 
Committees on Appropriations of the House of Represent-
atives and the Senate. 
SEC. 8101. The Office of the Director of National 
Intelligence shall not employ more Senior Executive em-
ployees than are specified in the classified annex. 
SEC. 8102. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to pay a retired general or flag officer to serve 
as a senior mentor advising the Department of Defense 
unless such retired officer files a Standard Form 278 (or 
successor form concerning public financial disclosure 
under part 2634 of title 5, Code of Federal Regulations) 
to the Office of Government Ethics. 
SEC. 8103. Appropriations available to the Depart-
ment of Defense may be used for the purchase of heavy 
and light armored vehicles for the physical security of per-
sonnel or for force protection purposes up to a limit of
107 
$250,000 per vehicle, notwithstanding price or other limi-
tations applicable to the purchase of passenger carrying 
vehicles. 
SEC. 8104. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Defense-Wide’’, the following 
amounts shall be available to the Secretary of Defense, 
for the following authorized purposes, notwithstanding 
any other provision of law, acting through the Office of 
Economic Adjustment of the Department of Defense, to 
make grants, conclude cooperative agreements, and sup-
plement other Federal funds, to remain available until ex-
pended, to assist the civilian population of Guam in re-
sponse to the military buildup of Guam: (1) $13,000,000 
for addressing the need for construction of a regional pub-
lic health laboratory; and (2) $106,400,000 for addressing 
the need for civilian water and wastewater improvements: 
Provided, That the Secretary of Defense shall, not fewer 
than 15 days prior to obligating funds for either of the 
foregoing purposes, notify the congressional defense com-
mittees in writing of the details of any such obligation. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8105. There is hereby established in the Treas-
ury of the United States the ‘‘Ship Modernization, Oper-
ations and Sustainment Fund’’. There is appropriated 
$2,382,100,000, for the ‘‘Ship Modernization, Operations
108 
and Sustainment Fund’’, to remain available until Sep-
tember 30, 2014: Provided, That the Secretary of the 
Navy shall transfer funds from the ‘‘Ship Modernization, 
Operations and Sustainment Fund’’ to appropriations for 
military personnel; operation and maintenance; research, 
development, test and evaluation; and procurement, only 
for the purposes of manning, operating, sustaining, equip-
ping and modernizing the Ticonderoga-class guided mis-
sile cruisers CG–63, CG–64, CG–65, CG–66, CG–68, CG– 
69, CG–73, and the Whidbey Island-class dock landing 
ships LSD–41 and LSD–46: Provided further, That funds 
transferred shall be merged with and be available for the 
same purposes and for the same time period as the appro-
priation to which they are transferred: Provided further, 
That the transfer authority provided herein shall be in ad-
dition to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary 
of the Navy shall, not less than 30 days prior to making 
any transfer from the ‘‘Ship Modernization, Operations 
and Sustainment Fund’’, notify the congressional defense 
committees in writing of the details of such transfer. 
SEC. 8106. None of the funds made available by this 
Act may be used by the Secretary of Defense to take bene-
ficial occupancy of more than 2,500 parking spaces (other 
than handicap-reserved spaces) to be provided by the
109 
BRAC 133 project: Provided, That this limitation may be 
waived in part if: (1) the Secretary of Defense certifies 
to Congress that levels of service at existing intersections 
in the vicinity of the project have not experienced failing 
levels of service as defined by the Transportation Research 
Board Highway Capacity Manual over a consecutive 90- 
day period; (2) the Department of Defense and the Vir-
ginia Department of Transportation agree on the number 
of additional parking spaces that may be made available 
to employees of the facility subject to continued 90-day 
traffic monitoring; and (3) the Secretary of Defense noti-
fies the congressional defense committees in writing at 
least 14 days prior to exercising this waiver of the number 
of additional parking spaces to be made available. 
SEC. 8107. Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall resume quarterly reporting of the numbers of civilian 
personnel end strength by appropriation account for each 
and every appropriation account used to finance Federal 
civilian personnel salaries to the congressional defense 
committees within 15 days after the end of each fiscal 
quarter. 
SEC. 8108. None of the funds appropriated in this 
or any other Act may be used to plan, prepare for, or oth-
erwise take any action to undertake or implement the sep-
110 
aration of the National Intelligence Program budget from 
the Department of Defense budget. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8109. Upon a determination by the Director of 
National Intelligence that such action is necessary and in 
the national interest, the Director may, with the approval 
of the Office of Management and Budget, transfer not to 
exceed $2,000,000,000 of the funds made available in this 
Act for the National Intelligence Program: Provided, That 
such authority to transfer may not be used unless for 
higher priority items, based on unforeseen intelligence re-
quirements, than those for which originally appropriated 
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further, 
That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made 
prior to June 30, 2013. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8110. In addition to amounts provided else-
where in the Act, there is appropriated $270,000,000 for 
an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, to be available until expended: Provided, 
That such funds shall only be available to the Secretary 
of Defense, acting through the Office of Economic Adjust-
ment of the Department of Defense, or for transfer to the
111 
Secretary of Education, notwithstanding any other provi-
sion of law, to make grants, conclude cooperative agree-
ments, or supplement other Federal funds to construct, 
renovate, repair, or expand elementary and secondary pub-
lic schools on military installations in order to address ca-
pacity or facility condition deficiencies at such schools: 
Provided further, That in making such funds available, the 
Office of Economic Adjustment or the Secretary of Edu-
cation shall give priority consideration to those military 
installations with schools having the most serious capacity 
or facility condition deficiencies as determined by the Sec-
retary of Defense: Provided further, That funds may not 
be made available for a school unless its enrollment of De-
partment of Defense-connected children is greater than 50 
percent. 
SEC. 8111. None of the funds appropriated or other-
wise made available in this or any other Act may be used 
to transfer, release, or assist in the transfer or release to 
or within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
(2) is or was held on or after June 24, 2009, 
at the United States Naval Station, Guanta´namo 
Bay, Cuba, by the Department of Defense.
112 
SEC. 8112. (a)(1) Except as provided in paragraph 
(2) and subsection (d), none of the funds appropriated or 
otherwise made available in this or any other Act may be 
used to transfer any individual detained at Guanta´namo 
to the custody or control of the individual’s country of ori-
gin, any other foreign country, or any other foreign entity 
unless the Secretary of Defense submits to Congress the 
certification described in subsection (b) not later than 30 
days before the transfer of the individual. 
(2) Paragraph (1) shall not apply to any action taken 
by the Secretary to transfer any individual detained at 
Guanta´namo to effectuate— 
(A) an order affecting the disposition of the in-
dividual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction 
(which the Secretary shall notify Congress of 
promptly after issuance); or 
(B) a pre-trial agreement entered in a military 
commission case prior to the date of the enactment 
of this Act. 
(b) A certification described in this subsection is a 
written certification made by the Secretary of Defense, 
with the concurrence of the Secretary of State and in con-
sultation with the Director of National Intelligence, that—
113 
(1) the government of the foreign country or 
the recognized leadership of the foreign entity to 
which the individual detained at Guanta´namo is to 
be transferred— 
(A) is not a designated state sponsor of 
terrorism or a designated foreign terrorist orga-
nization; 
(B) maintains control over each detention 
facility in which the individual is to be detained 
if the individual is to be housed in a detention 
facility; 
(C) is not, as of the date of the certifi-
cation, facing a threat that is likely to substan-
tially affect its ability to exercise control over 
the individual; 
(D) has taken or agreed to take effective 
actions to ensure that the individual cannot 
take action to threaten the United States, its 
citizens, or its allies in the future; 
(E) has taken or agreed to take such ac-
tions as the Secretary of Defense determines 
are necessary to ensure that the individual can-
not engage or re-engage in any terrorist activ-
ity; and
114 
(F) has agreed to share with the United 
States any information that— 
(i) is related to the individual or any 
associates of the individual; and 
(ii) could affect the security of the 
United States, its citizens, or its allies; and 
(2) includes an assessment, in classified or un-
classified form, of the capacity, willingness, and past 
practices (if applicable) of the foreign country or en-
tity in relation to the Secretary’s certifications. 
(c)(1) Except as provided in paragraph (2) and sub-
section (d), none of the funds appropriated or otherwise 
made available in this or any other Act may be used to 
transfer any individual detained at Guanta´namo to the 
custody or control of the individual’s country of origin, any 
other foreign country, or any other foreign entity if there 
is a confirmed case of any individual who was detained 
at United States Naval Station, Guanta´namo Bay, Cuba, 
at any time after September 11, 2001, who was trans-
ferred to such foreign country or entity and subsequently 
engaged in any terrorist activity. 
(2) Paragraph (1) shall not apply to any action taken 
by the Secretary to transfer any individual detained at 
Guanta´namo to effectuate—
115 
(A) an order affecting the disposition of the in-
dividual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction 
(which the Secretary shall notify Congress of 
promptly after issuance); or 
(B) a pre-trial agreement entered in a military 
commission case prior to the date of the enactment 
of this Act. 
(d)(1) The Secretary of Defense may waive the appli-
cability to a detainee transfer of a certification require-
ment specified in subparagraph (D) or (E) of subsection 
(b)(1) or the prohibition in subsection (c), if the Secretary 
certifies the rest of the criteria required by subsection (b) 
for transfers prohibited by (c) and, with the concurrence 
of the Secretary of State and in consultation with the Di-
rector of National Intelligence, determines that— 
(A) alternative actions will be taken to address 
the underlying purpose of the requirement or re-
quirements to be waived; 
(B) in the case of a waiver of subparagraph (D) 
or (E) of subsection (b)(1), it is not possible to cer-
tify that the risks addressed in the paragraph to be 
waived have been completely eliminated, but the ac-
tions to be taken under subparagraph (A) will sub-
116 
stantially mitigate such risks with regard to the indi-
vidual to be transferred; 
(C) in the case of a waiver of subsection (c), the 
Secretary has considered any confirmed case in 
which an individual who was transferred to the 
country subsequently engaged in terrorist activity, 
and the actions to be taken under subparagraph (A) 
will substantially mitigate the risk of recidivism with 
regard to the individual to be transferred; and 
(D) the transfer is in the national security in-
terests of the United States. 
(2) Whenever the Secretary makes a determination 
under paragraph (1), the Secretary shall submit to the ap-
propriate committees of Congress, not later than 30 days 
before the transfer of the individual concerned, the fol-
lowing: 
(A) A copy of the determination and the waiver 
concerned. 
(B) A statement of the basis for the determina-
tion, including— 
(i) an explanation why the transfer is in 
the national security interests of the United 
States; and 
(ii) in the case of a waiver of subparagraph 
(D) or (E) of subsection (b)(1), an explanation
117 
why it is not possible to certify that the risks 
addressed in the subparagraph to be waived 
have been completely eliminated. 
(C) A summary of the alternative actions to be 
taken to address the underlying purpose of, and to 
mitigate the risks addressed in, the subparagraph or 
subsection to be waived. 
(D) The assessment required by subsection 
(b)(2). 
(e) In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Appropriations, and the Select 
Committee on Intelligence of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Appropriations, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives. 
(2) 
The 
term 
‘‘individual 
detained 
at 
Guanta´namo’’ means any individual located at 
United States Naval Station, Guanta´namo Bay, 
Cuba, as of October 1, 2009, who—
118 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is— 
(i) in the custody or under the control 
of the Department of Defense; or 
(ii) otherwise under detention at 
United States Naval Station, Guanta´namo 
Bay, Cuba. 
(3) The term ‘‘foreign terrorist organization’’ 
means any organization so designated by the Sec-
retary of State under section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189). 
SEC. 8113. (a) None of the funds appropriated or 
otherwise made available in this or any other Act may be 
used to construct, acquire, or modify any facility in the 
United States, its territories, or possessions to house any 
individual described in subsection (c) for the purposes of 
detention or imprisonment in the custody or under the ef-
fective control of the Department of Defense. 
(b) The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval 
Station, Guanta´namo Bay, Cuba.
119 
(c) An individual described in this subsection is any 
individual who, as of June 24, 2009, is located at United 
States Naval Station, Guanta´namo Bay, Cuba, and who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guanta´namo Bay, Cuba. 
SEC. 8114. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration that has any unpaid Federal tax liability that has 
been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that 
is not being paid in a timely manner pursuant to an agree-
ment with the authority responsible for collecting the tax 
liability, where the awarding agency is aware of the unpaid 
tax liability, unless the agency has considered suspension 
or debarment of the corporation and made a determination 
that this further action is not necessary to protect the in-
terests of the Government.
120 
SEC. 8115. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration that was convicted of a felony criminal violation 
under any Federal law within the preceding 24 months, 
where the awarding agency is aware of the conviction, un-
less the agency has considered suspension or debarment 
of the corporation and made a determination that this fur-
ther action is not necessary to protect the interests of the 
Government. 
SEC. 8116. None of the funds made available by this 
Act may be used in contravention of section 1590 or 1591 
of title 18, United States Code, or in contravention of the 
requirements of section 106(g) or (h) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 
(h)). 
SEC. 8117. None of the funds made available by this 
Act for International Military education and training, for-
eign military financing, excess defense article, assistance 
under section 1206 of the National Defense Authorization 
Act for Fiscal year 2006 (Public Law 109–163; 119 Stat. 
3456) issuance for direct commercial sales of military 
equipment, or peacekeeping operations for the countries 
of Chad, Yemen, Somalia, Sudan, the Democratic Repub-
121 
lic of the Congo, and Burma may be used to support any 
military training or operation that include child soldiers, 
as defined by the Child Soldiers Prevention Act of 2008, 
and except if such assistance is otherwise permitted under 
section 404 of the Child Soldiers Prevention Act of 2008 
(Public Law 110–457; 22 U.S.C. 2370c–1). 
SEC. 8118. None of the funds made available by this 
Act may be used in contravention of the War Powers Res-
olution (50 U.S.C. 1541 et seq.). 
SEC. 8119. None of the funds made available by this 
Act may be used to retire, divest, realign, or transfer Air 
Force aircraft, to disestablish or convert units associated 
with such aircraft, or to disestablish or convert any other 
unit of the Air National Guard or Air Force Reserve: Pro-
vided, That this section shall not apply to actions affecting 
C–5, C–17, or E–8 aircraft, or the units associated with 
such aircraft: Provided further, That this section shall con-
tinue in effect through the date of enactment of an Act 
authorizing appropriations for fiscal year 2013 for mili-
tary activities of the Department of Defense. 
SEC. 8120. The Secretary of the Air Force shall obli-
gate and expend funds previously appropriated for the 
procurement of RQ–4B Global Hawk and C–27J Spartan 
aircraft for the purposes for which such funds were origi-
nally appropriated.
122 
SEC. 8121. It is the Sense of the Senate that the 
next available capital warship of the U.S. Navy be named 
the USS Ted Stevens to recognize the public service 
achievements, military service sacrifice, and undaunted 
heroism and courage of the long-serving United States 
Senator for Alaska. 
SEC. 8122. None of the funds made available by this 
Act shall be used to retire C–23 Sherpa aircraft. 
SEC. 8123. The total amount available in the Act for 
pay for civilian personnel of the Department of Defense 
for fiscal year 2013 shall be the amount otherwise appro-
priated or made available by this Act for such pay reduced 
by $72,718,000. 
SEC. 8124. None of the funds made available by this 
Act may be used to enter into a contract for UH–60 Leak 
Proof Drip Pans using procedures other than competitive 
procedures (as defined in section 2302(2) of title 10, 
United States Code). 
SEC. 8125. None of the funds appropriated or other-
wise made available by this Act or any other Act may be 
used by the Department of Defense or a component there-
of in contravention of section 1244 of the National De-
fense Authorization Act for Fiscal Year 2012 (Public Law 
112–81; 125 Stat. 1646; 22 U.S.C. 5952 note) or any pro-
vision of an Act authorizing appropriations for the De-
123 
partment of Defense for fiscal year 2013 relating to shar-
ing classified ballistic missile defense information with 
Russia. 
SEC. 8126. None of the Operation and Maintenance 
funds made available in this Act may be used in con-
travention of section 41106 of title 49, United States 
Code. 
SEC. 8127. None of the funds made available by this 
Act may be used by the Department of Defense or any 
other Federal agency to lease or purchase new light duty 
vehicles, for any executive fleet, or for an agency’s fleet 
inventory, except in accordance with Presidential Memo-
randum-Federal Fleet Performance, dated May 24, 2011. 
SEC. 8128. None of the funds made available by this 
Act may be used to enter into a contract with any person 
or other entity listed in the Excluded Parties List System 
(EPLS)/System for Award Management (SAM) as having 
been convicted of fraud against the Federal Government. 
SEC. 8129. None of the funds made available by this 
Act for the Department of Defense may be used to enter 
into a contract, memorandum of understanding, or cooper-
ative agreement with, make a grant to, or provide a loan 
or loan guarantee to Rosoboronexport: Provided, That the 
Secretary of Defense may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees
124 
on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do 
so. 
SEC. 8130. None of the funds made available by this 
Act may be used by the Secretary of Defense to implement 
an enrollment fee for the TRICARE for Life program 
under chapter 55 of title 10, United States Code, that 
does not exist as of the date of the enactment of this Act. 
TITLE IX 
OVERSEAS CONTINGENCY OPERATIONS 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $9,790,082,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $774,225,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.
125 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $1,425,156,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $1,286,783,000: Provided, That such amount 
is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $156,893,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $39,335,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
126 
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, 
Marine Corps’’, $24,722,000: Provided, That such amount 
is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, 
Air Force’’, $25,348,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $583,804,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.
127 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Per-
sonnel, Air Force’’, $10,473,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $28,452,018,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $5,839,934,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $4,116,340,000: Provided, That
128 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $9,249,736,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $7,714,079,000: Provided, That 
of the funds provided under this heading, not to exceed 
$1,650,000,000, to remain available until September 30, 
2014, shall be for payments to reimburse key cooperating 
nations for logistical, military, and other support, includ-
ing access, provided to United States military operations 
in support of Operation Enduring Freedom, and post-op-
eration Iraq border security related to the activities of the 
Office of Security Cooperation in Iraq, notwithstanding 
any other provision of law: Provided further, That such 
reimbursement payments may be made in such amounts 
as the Secretary of Defense, with the concurrence of the
129 
Secretary of State, and in consultation with the Director 
of the Office of Management and Budget, may determine, 
in his discretion, based on documentation determined by 
the Secretary of Defense to adequately account for the 
support provided, and such determination is final and con-
clusive upon the accounting officers of the United States, 
and 15 days following notification to the appropriate con-
gressional committees: Provided further, That the require-
ment under this heading to provide notification to the ap-
propriate congressional committees shall not apply with 
respect to a reimbursement for access based on an inter-
national agreement: Provided further, That these funds 
may be used for the purpose of providing specialized train-
ing and procuring supplies and specialized equipment and 
providing such supplies and loaning such equipment on a 
non-reimbursable basis to coalition forces supporting 
United States military operations in Afghanistan, and 15 
days following notification to the appropriate congres-
sional committees: Provided further, That the Secretary of 
Defense shall provide quarterly reports to the congres-
sional defense committees on the use of funds provided 
in this paragraph: Provided further, That such amount in 
this section is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
130 
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Army Reserve’’, $157,887,000: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Navy Reserve’’, $55,924,000: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps Reserve’’, $25,477,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.
131 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force Reserve’’, $60,618,000: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Army National Guard’’, $392,448,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Air National Guard’’, $34,500,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.
132 
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
In addition to amounts provided elsewhere in this 
Act, there is appropriated $582,884,000 for the ‘‘Overseas 
Contingency Operations Transfer Fund’’ for expenses di-
rectly relating to overseas contingency operations by 
United States military forces, to be available until ex-
pended: Provided, That of the funds made available in this 
section, the Secretary of Defense may transfer these funds 
only to military personnel accounts, operation and mainte-
nance accounts, procurement accounts, and working cap-
ital fund accounts: Provided further, That the funds made 
available in this paragraph may only be used for pro-
grams, projects, or activities categorized as Overseas Con-
tingency Operations in the fiscal year 2013 budget request 
for the Department of Defense and the justification mate-
rial and other documentation supporting such request: 
Provided further, That the funds transferred shall be 
merged with and shall be available for the same purposes 
and for the same time period, as the appropriation to 
which transferred: Provided further, That the Secretary 
shall notify the congressional defense committees 15 days 
prior to such transfer: Provided further, That the transfer 
authority provided under this heading is in addition to any 
other transfer authority available to the Department of
133 
Defense: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation 
are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation 
and shall be available for the same purposes and for the 
same time period as originally appropriated: Provided fur-
ther, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
AFGHANISTAN INFRASTRUCTURE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For 
the 
‘‘Afghanistan 
Infrastructure 
Fund’’, 
$325,000,000, to remain available until September 30, 
2014: Provided, That such funds shall be available to the 
Secretary of Defense for infrastructure projects in Af-
ghanistan, notwithstanding any other provision of law, 
which shall be undertaken by the Secretary of State, un-
less the Secretary of State and the Secretary of Defense 
jointly decide that a specific project will be undertaken 
by the Department of Defense: Provided further, That the 
infrastructure referred to in the preceding proviso is in 
support of the counterinsurgency strategy, which may re-
quire funding for facility and infrastructure projects, in-
cluding, but not limited to, water, power, and transpor-
134 
tation projects and related maintenance and sustainment 
costs: Provided further, That the authority to undertake 
such infrastructure projects is in addition to any other au-
thority to provide assistance to foreign nations: Provided 
further, That any projects funded under this heading shall 
be jointly formulated and concurred in by the Secretary 
of State and Secretary of Defense: Provided further, That 
funds may be transferred to the Department of State for 
purposes of undertaking projects, which funds shall be 
considered to be economic assistance under the Foreign 
Assistance Act of 1961 for purposes of making available 
the administrative authorities contained in that Act: Pro-
vided further, That the transfer authority in the preceding 
proviso is in addition to any other authority available to 
the Department of Defense to transfer funds: Provided 
further, That any unexpended funds transferred to the 
Secretary of State under this authority shall be returned 
to the Afghanistan Infrastructure Fund if the Secretary 
of State, in coordination with the Secretary of Defense, 
determines that the project cannot be implemented for any 
reason, or that the project no longer supports the counter-
insurgency strategy in Afghanistan: Provided further, 
That any funds returned to the Secretary of Defense 
under the previous proviso shall be available for use under 
this appropriation and shall be treated in the same man-
135 
ner as funds not transferred to the Secretary of State: 
Provided further, That contributions of funds for the pur-
poses provided herein to the Secretary of State in accord-
ance with section 635(d) of the Foreign Assistance Act 
from any person, foreign government, or international or-
ganization may be credited to this Fund, to remain avail-
able until expended, and used for such purposes: Provided 
further, That the Secretary of Defense shall, not fewer 
than 15 days prior to making transfers to or from, or obli-
gations from the Fund, notify the appropriate committees 
of Congress in writing of the details of any such transfer: 
Provided further, That the ‘‘appropriate committees of 
Congress’’ are the Committees on Armed Services, For-
eign Relations and Appropriations of the Senate and the 
Committees on Armed Services, Foreign Affairs and Ap-
propriations of the House of Representatives: Provided 
further, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
AFGHANISTAN SECURITY FORCES FUND 
For the ‘‘Afghanistan Security Forces Fund’’, 
$5,124,167,000, to remain available until September 30, 
2014: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision
136 
of law, for the purpose of allowing the Commander, Com-
bined Security Transition Command—Afghanistan, or the 
Secretary’s designee, to provide assistance, with the con-
currence of the Secretary of State, to the security forces 
of Afghanistan, including the provision of equipment, sup-
plies, services, training, facility and infrastructure repair, 
renovation, and construction, and funding: Provided fur-
ther, That the authority to provide assistance under this 
heading is in addition to any other authority to provide 
assistance to foreign nations: Provided further, That con-
tributions of funds for the purposes provided herein from 
any person, foreign government, or international organiza-
tion may be credited to this Fund, to remain available 
until expended, and used for such purposes: Provided fur-
ther, That the Secretary of Defense shall notify the con-
gressional defense committees in writing upon the receipt 
and upon the obligation of any contribution, delineating 
the sources and amounts of the funds received and the 
specific use of such contributions: Provided further, That 
the Secretary of Defense shall, not fewer than 15 days 
prior to obligating from this appropriation account, notify 
the congressional defense committees in writing of the de-
tails of any such obligation: Provided further, That the 
Secretary of Defense shall notify the congressional defense 
committees of any proposed new projects or transfer of
137 
funds between budget sub-activity groups in excess of 
$20,000,000: Provided further, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, 
Army’’, $550,700,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, 
Army’’, $67,951,000, to remain available until September 
30, 2015: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985.
138 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $15,422,000, 
to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $338,493,000, to remain available until 
September 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $1,740,157,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.
139 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $215,698,000, to remain available until September 
30, 2015: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procure-
ment, Navy’’, $22,500,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $283,059,000, to re-
main available until September 30, 2015: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.
140 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, 
Navy’’, $98,882,000, to remain available until September 
30, 2015: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $822,054,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, 
Air Force’’, $305,600,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.
141 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, 
Air Force’’, $34,350,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $116,203,000, to remain available 
until September 30, 2015: Provided, That such amount 
is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $2,680,270,000, to remain available until 
September 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.
142 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $188,099,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons and other procure-
ment for the reserve components of the Armed Forces, 
$1,500,000,000, to remain available for obligation until 
September 30, 2015: Provided, That the Chiefs of Na-
tional Guard and Reserve components shall, not later than 
30 days after the enactment of this Act, individually sub-
mit to the congressional defense committees the mod-
ernization priority assessment for their respective Na-
tional Guard or Reserve component: Provided further, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.
143 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $29,660,000, to re-
main available until September 30, 2014: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $52,519,000, to re-
main available until September 30, 2014: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $53,150,000, to 
remain available until September 30, 2014: Provided,
144 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, 
Test 
and 
Evaluation, 
Defense-Wide’’, 
$112,387,000, to remain available until September 30, 
2014: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working 
Capital Funds’’, $243,600,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.
145 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $993,898,000, which shall be for operation and 
maintenance: Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/ 
Global 
War 
on 
Terrorism 
pursuant 
to 
section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities, Defense’’, $469,025,000, to re-
main available until September 30, 2014: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Joint Improvised Explosive Device Defeat 
Fund’’, $1,622,614,000, to remain available until Sep-
tember 30, 2015: Provided, That such funds shall be avail-
able to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Di-
146 
rector of the Joint Improvised Explosive Device Defeat 
Organization to investigate, develop and provide equip-
ment, supplies, services, training, facilities, personnel and 
funds to assist United States forces in the defeat of impro-
vised explosive devices: Provided further, That the Sec-
retary of Defense may transfer funds provided herein to 
appropriations for military personnel; operation and main-
tenance; procurement; research, development, test and 
evaluation; and defense working capital funds to accom-
plish the purpose provided herein: Provided further, That 
this transfer authority is in addition to any other transfer 
authority available to the Department of Defense: Pro-
vided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to making transfers from this 
appropriation, notify the congressional defense committees 
in writing of the details of any such transfer: Provided 
further, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the In-
spector General’’, $10,766,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to
147 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9001. Notwithstanding any other provision of 
law, funds made available in this title are in addition to 
amounts appropriated or otherwise made available for the 
Department of Defense for fiscal year 2013. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national 
interest, the Secretary may, with the approval of the Of-
fice of Management and Budget, transfer up to 
$3,500,000,000 between the appropriations or funds made 
available to the Department of Defense in this title: Pro-
vided, That the Secretary shall notify the Congress 
promptly of each transfer made pursuant to the authority 
in this section: Provided further, That the authority pro-
vided in this section is in addition to any other transfer 
authority available to the Department of Defense and is 
subject to the same terms and conditions as the authority 
provided in the Department of Defense Appropriations 
Act, 2013. 
SEC. 9003. Supervision and administration costs as-
sociated with a construction project funded with appro-
priations available for operation and maintenance, ‘‘Af-
148 
ghanistan Infrastructure Fund’’, or the ‘‘Afghanistan Se-
curity Forces Fund’’ provided in this Act and executed 
in direct support of overseas contingency operations in Af-
ghanistan, may be obligated at the time a construction 
contract is awarded: Provided, That for the purpose of this 
section, supervision and administration costs include all 
in-house Government costs. 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase for use by military 
and civilian employees of the Department of Defense in 
the U.S. Central Command area of responsibility: (a) pas-
senger motor vehicles up to a limit of $75,000 per vehicle; 
and (b) heavy and light armored vehicles for the physical 
security of personnel or for force protection purposes up 
to a limit of $250,000 per vehicle, notwithstanding price 
or other limitations applicable to the purchase of pas-
senger carrying vehicles. 
SEC. 9005. Not to exceed $200,000,000 of the 
amount appropriated in this title under the heading ‘‘Op-
eration and Maintenance, Army’’ may be used, notwith-
standing any other provision of law, to fund the Com-
mander’s Emergency Response Program (CERP), for the 
purpose of enabling military commanders in Afghanistan 
to respond to urgent, small-scale, humanitarian relief and 
reconstruction requirements within their areas of responsi-
149 
bility: Provided, That each project (including any ancillary 
or related elements in connection with such project) exe-
cuted under this authority shall not exceed $20,000,000: 
Provided further, That not later than 45 days after the 
end of each fiscal year quarter, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port regarding the source of funds and the allocation and 
use of funds during that quarter that were made available 
pursuant to the authority provided in this section or under 
any other provision of law for the purposes described here-
in: Provided further, That, not later than 30 days after 
the end of each month, the Army shall submit to the con-
gressional defense committees monthly commitment, obli-
gation, and expenditure data for the Commander’s Emer-
gency Response Program in Afghanistan: Provided fur-
ther, That not less than 15 days before making funds 
available pursuant to the authority provided in this section 
or under any other provision of law for the purposes de-
scribed herein for a project with a total anticipated cost 
for completion of $5,000,000 or more, the Secretary shall 
submit to the congressional defense committees a written 
notice containing each of the following: 
(1) The location, nature and purpose of the 
proposed project, including how the project is in-
150 
tended to advance the military campaign plan for 
the country in which it is to be carried out. 
(2) The budget, implementation timeline with 
milestones, and completion date for the proposed 
project, including any other CERP funding that has 
been or is anticipated to be contributed to the com-
pletion of the project. 
(3) A plan for the sustainment of the proposed 
project, including the agreement with either the host 
nation, a non-Department of Defense agency of the 
United States Government or a third-party contrib-
utor to finance the sustainment of the activities and 
maintenance of any equipment or facilities to be pro-
vided through the proposed project. 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, not-
withstanding any other provision of law, to provide sup-
plies, services, transportation, including airlift and sealift, 
and other logistical support to coalition forces supporting 
military and stability operations in Afghanistan: Provided, 
That the Secretary of Defense shall provide quarterly re-
ports to the congressional defense committees regarding 
support provided under this section. 
SEC. 9007. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
152 
eral Regulations, and part 95 of title 22, Code of 
Federal Regulations. 
(3) Sections 1002 and 1003 of the Department 
of Defense, Emergency Supplemental Appropriations 
to Address Hurricanes in the Gulf of Mexico, and 
Pandemic Influenza Act, 2006 (Public Law 109– 
148). 
SEC. 9009. None of the funds provided for the ‘‘Af-
ghanistan Security Forces Fund’’ (ASFF) may be obli-
gated prior to the approval of a financial and activity plan 
by the Afghanistan Resources Oversight Council (AROC) 
of the Department of Defense: Provided, That the AROC 
must approve the requirement and acquisition plan for any 
service requirements in excess of $50,000,000 annually 
and any non-standard equipment requirements in excess 
of $100,000,000 using ASFF: Provided further, That the 
AROC must approve all projects and the execution plan 
under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and 
any project in excess of $5,000,000 from the Commanders 
Emergency Response Program (CERP): Provided further, 
That the Department of Defense must certify to the con-
gressional defense committees that the AROC has con-
vened and approved a process for ensuring compliance 
with the requirements in the preceding provisos and ac-
153 
companying report language for the ASFF, AIF, and 
CERP. 
SEC. 9010. Funds made available in this title to the 
Department of Defense for operation and maintenance 
may be used to purchase items having an investment unit 
cost of not more than $250,000: Provided, That, upon de-
termination by the Secretary of Defense that such action 
is necessary to meet the operational requirements of a 
Commander of a Combatant Command engaged in contin-
gency operations overseas, such funds may be used to pur-
chase items having an investment item unit cost of not 
more than $500,000. 
SEC. 9011. Notwithstanding any other provision of 
law, up to $93,000,000 of funds made available in this 
title under the heading ‘‘Operation and Maintenance, 
Army’’ may be obligated and expended for purposes of the 
Task Force for Business and Stability Operations, subject 
to the direction and control of the Secretary of Defense, 
with concurrence of the Secretary of State, to carry out 
strategic business and economic assistance activities in Af-
ghanistan in support of Operation Enduring Freedom: 
Provided, That not less than 15 days before making funds 
available pursuant to the authority provided in this section 
for any project with a total anticipated cost of $5,000,000 
or more, the Secretary shall submit to the congressional
154 
defense committees a written notice containing a detailed 
justification and timeline for each proposed project. 
SEC. 9012. From funds made available to the De-
partment of Defense in this title under the heading ‘‘Oper-
ation and Maintenance, Air Force’’ up to $508,000,000 
may be used by the Secretary of Defense, notwithstanding 
any other provision of law, to support United States Gov-
ernment transition activities in Iraq by funding the oper-
ations and activities of the Office of Security Cooperation 
in Iraq and security assistance teams, including life sup-
port, transportation and personal security, and facilities 
renovation and construction: Provided, That to the extent 
authorized under the National Defense Authorization Act 
for Fiscal Year 2013, the operations and activities that 
may be carried out by the Office of Security Cooperation 
in Iraq may, with the concurrence of the Secretary of 
State, include non-operational training activities in sup-
port of Iraqi Ministry of Defense and Counter Terrorism 
Service personnel in an institutional environment to ad-
dress capability gaps, integrate processes relating to intel-
ligence, air sovereignty, combined arms, logistics and 
maintenance, and to manage and integrate defense-related 
institutions: Provided further, That not later than 30 days 
following the enactment of this Act, the Secretary of De-
fense and the Secretary of State shall submit to the con-
155 
gressional defense committees a plan for transitioning any 
such training activities that they determine are needed 
after the end of fiscal year 2013, to existing or new con-
tracts for the sale of defense articles or defense services 
consistent with the provisions of the Arms Export Control 
Act (22 U.S.C. 2751 et seq.): Provided further, That not 
less than 15 days before making funds available pursuant 
to the authority provided in this section, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a written notification containing a detailed justifica-
tion and timeline for the operations and activities of the 
Office of Security Cooperation in Iraq at each site where 
such operations and activities will be conducted during fis-
cal year 2013. 
(RESCISSIONS) 
SEC. 9013. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: Provided, That such 
amounts are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985: 
‘‘Retroactive Stop Loss Special Pay Program, 
2009/XXXX’’, $127,200,000;
156 
‘‘Afghanistan Security Forces Fund, 2012/ 
2013’’, $1,000,000,000; 
‘‘Other 
Procurement, 
Army, 
2012/2014’’, 
$207,600,000; 
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps, 2012/2014’’, $32,176,000; 
‘‘Procurement, Marine Corps, 2012/2014’’, 
$2,776,000; 
‘‘Mine Resistant Ambush Protected Vehicle 
Fund, 2012/2013’’, $400,000,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2012/2013’’, $50,000,000; 
‘‘Joint Improvised Explosive Device Defeat 
Fund, 2012/2014’’, $40,300,000. 
SEC. 9014. (a) None of the funds appropriated or 
otherwise made available by this Act under the heading 
‘‘Operation and Maintenance, Defense-Wide’’ for pay-
ments under section 1233 of Public Law 110–181 for re-
imbursement to the Government of Pakistan may be made 
available unless the Secretary of Defense, in coordination 
with the Secretary of State, certifies to the Committees 
on Appropriations that the Government of Pakistan is— 
(1) cooperating with the United States in 
counterterrorism efforts against the Haqqani Net-
work, the Quetta Shura Taliban, Lashkar e-Tayyiba,
157 
Jaish-e-Mohammed, Al Qaeda, and other domestic 
and foreign terrorist organizations, including taking 
steps to end support for such groups and prevent 
them from basing and operating in Pakistan and 
carrying out cross border attacks into neighboring 
countries; 
(2) not supporting terrorist activities against 
United States or coalition forces in Afghanistan, and 
Pakistan’s military and intelligence agencies are not 
intervening extra-judicially into political and judicial 
processes in Pakistan; 
(3) dismantling improvised explosive device 
(IED) networks and interdicting precursor chemicals 
used in the manufacture of IEDs; 
(4) preventing the proliferation of nuclear-re-
lated material and expertise; 
(5) issuing visas in a timely manner for United 
States visitors engaged in counterterrorism efforts 
and assistance programs in Pakistan; and 
(6) providing humanitarian organizations access 
to detainees, internally displaced persons, and other 
Pakistani civilians affected by the conflict. 
(b) The Secretary of Defense, in coordination with 
the Secretary of State, may waive the restriction in para-
graph (a) on a case-by-case basis by certifying in writing
158 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate that it is in the national secu-
rity interest to do so: Provided, That if the Secretary of 
Defense, in coordination with the Secretary of State, exer-
cises the authority of the previous proviso, the Secretaries 
shall report to the Committees on Appropriations on both 
the justification for the waiver and on the requirements 
of this section that the Government of Pakistan was not 
able to meet: Provided further, That such report may be 
submitted in classified form if necessary. 
This division may be cited as the ‘‘Department of De-
fense Appropriations Act, 2013’’. 
DIVISION B—MILITARY CONSTRUCTION AND 
VETERANS AFFAIRS, AND RELATED AGEN-
CIES APPROPRIATIONS ACT, 2013 
The following sums are hereby appropriated, out of 
any money in the Treasury not otherwise appropriated, 
for military construction, the Department of Veterans Af-
fairs, and related agencies for the fiscal year ending Sep-
tember 30, 2013, and for other purposes, namely: 
TITLE I 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military
159 
installations, facilities, and real property for the Army as 
currently authorized by law, including personnel in the 
Army Corps of Engineers and other personal services nec-
essary for the purposes of this appropriation, and for con-
struction and operation of facilities in support of the func-
tions of the Commander in Chief, $1,684,323,000, to re-
main available until September 30, 2017: Provided, That 
of this amount, not to exceed $80,173,000 shall be avail-
able for study, planning, design, architect and engineer 
services, and host nation support, as authorized by law, 
unless the Secretary of Army determines that additional 
obligations are necessary for such purposes and notifies 
the Committees on Appropriations of both Houses of Con-
gress of the determination and the reasons therefor. 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, naval in-
stallations, facilities, and real property for the Navy and 
Marine Corps as currently authorized by law, including 
personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of 
this appropriation, $1,549,164,000, to remain available 
until September 30, 2017: Provided, That of this amount, 
not to exceed $102,619,000 shall be available for study, 
planning, design, and architect and engineer services, as
160 
authorized by law, unless the Secretary of Navy deter-
mines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations 
of both Houses of Congress of the determination and the 
reasons therefor. 
MILITARY CONSTRUCTION, AIR FORCE 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military 
installations, facilities, and real property for the Air Force 
as currently authorized by law, $322,543,000, to remain 
available until September 30, 2017: Provided, That of this 
amount, not to exceed $18,635,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of Air 
Force determines that additional obligations are necessary 
for such purposes and notifies the Committees on Appro-
priations of both Houses of Congress of the determination 
and the reasons therefor. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, installa-
tions, facilities, and real property for activities and agen-
cies of the Department of Defense (other than the military 
departments), 
as 
currently 
authorized 
by 
law,
161 
$3,582,423,000, to remain available until September 30, 
2017: Provided, That such amounts of this appropriation 
as may be determined by the Secretary of Defense may 
be transferred to such appropriations of the Department 
of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with 
and to be available for the same purposes, and for the 
same time period, as the appropriation or fund to which 
transferred: Provided further, That of the amount appro-
priated, not to exceed $315,562,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for 
such purposes and notifies the Committees on Appropria-
tions of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That of the amount 
appropriated, notwithstanding any other provision of law, 
$26,969,000 shall be available for payments to the North 
Atlantic Treaty Organization for the planning, design, and 
construction of a new North Atlantic Treaty Organization 
headquarters. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army National Guard, and contribu-
162 
tions therefor, as authorized by chapter 1803 of title 10, 
United States Code, and Military Construction Authoriza-
tion Acts, $613,799,000, to remain available until Sep-
tember 30, 2017: Provided, That of the amount appro-
priated, not to exceed $26,622,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Director of the Army 
National Guard determines that additional obligations are 
necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the de-
termination and the reasons therefor. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air National Guard, and contributions 
therefor, as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization 
Acts, $42,386,000, to remain available until September 
30, 2017: Provided, That of the amount appropriated, not 
to exceed $4,000,000 shall be available for study, plan-
ning, design, and architect and engineer services, as au-
thorized by law, unless the Director of the Air National 
Guard determines that additional obligations are nec-
essary for such purposes and notifies the Committees on
163 
Appropriations of both Houses of Congress of the deter-
mination and the reasons therefor. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army Reserve as authorized by chapter 
1803 of title 10, United States Code, and Military Con-
struction Authorization Acts, $305,846,000, to remain 
available until September 30, 2017: Provided, That of the 
amount appropriated, not to exceed $15,951,000 shall be 
available for study, planning, design, and architect and en-
gineer services, as authorized by law, unless the Chief of 
the Army Reserve determines that additional obligations 
are necessary for such purposes and notifies the Commit-
tees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor. 
MILITARY CONSTRUCTION, NAVY RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the reserve components of the Navy and 
Marine Corps as authorized by chapter 1803 of title 10, 
United States Code, and Military Construction Authoriza-
tion Acts, $49,532,000, to remain available until Sep-
tember 30, 2017: Provided, That of the amount appro-
priated, not to exceed $2,118,000 shall be available for
164 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of the 
Navy determines that additional obligations are necessary 
for such purposes and notifies the Committees on Appro-
priations of both Houses of Congress of the determination 
and the reasons therefor. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air Force Reserve as authorized by 
chapter 1803 of title 10, United States Code, and Military 
Construction Authorization Acts, $10,979,000, to remain 
available until September 30, 2017: Provided, That of the 
amount appropriated, not to exceed $2,879,000 shall be 
available for study, planning, design, and architect and en-
gineer services, as authorized by law, unless the Chief of 
the Air Force Reserve determines that additional obliga-
tions are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress 
of the determination and the reasons therefor. 
NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
For the United States share of the cost of the North 
Atlantic Treaty Organization Security Investment Pro-
gram for the acquisition and construction of military fa-
166 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
NAVY AND MARINE CORPS 
For expenses of family housing for the Navy and Ma-
rine Corps for operation and maintenance, including debt 
payment, leasing, minor construction, principal and inter-
est charges, and insurance premiums, as authorized by 
law, $378,230,000. 
FAMILY HOUSING CONSTRUCTION, AIR FORCE 
For expenses of family housing for the Air Force for 
construction, including acquisition, replacement, addition, 
expansion, extension, and alteration, as authorized by law, 
$83,824,000, to remain available until September 30, 
2017. 
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR 
FORCE 
For expenses of family housing for the Air Force for 
operation and maintenance, including debt payment, leas-
ing, minor construction, principal and interest charges, 
and 
insurance 
premiums, 
as 
authorized 
by 
law, 
$497,829,000. 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
DEFENSE-WIDE 
For expenses of family housing for the activities and 
agencies of the Department of Defense (other than the 
military departments) for operation and maintenance,
167 
leasing, and minor construction, as authorized by law, 
$52,238,000. 
DEPARTMENT OF DEFENSE FAMILY HOUSING 
IMPROVEMENT FUND 
For the Department of Defense Family Housing Im-
provement Fund, $1,786,000, to remain available until ex-
pended, for family housing initiatives undertaken pursu-
ant to section 2883 of title 10, United States Code, pro-
viding alternative means of acquiring and improving mili-
tary family housing and supporting facilities. 
CHEMICAL DEMILITARIZATION CONSTRUCTION, 
DEFENSE-WIDE 
For expenses of construction, not otherwise provided 
for, necessary for the destruction of the United States 
stockpile of lethal chemical agents and munitions in ac-
cordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), and for the 
destruction of other chemical warfare materials that are 
not in the chemical weapon stockpile, as currently author-
ized by law, $151,000,000, to remain available until Sep-
tember 30, 2017, which shall be only for the Assembled 
Chemical Weapons Alternatives program.
168 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
1990 
For deposit into the Department of Defense Base 
Closure Account 1990, established by section 2906(a)(1) 
of the Defense Base Closure and Realignment Act of 1990 
(10 U.S.C. 2687 note), $409,396,000, to remain available 
until expended. 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
2005 
For deposit into the Department of Defense Base 
Closure Account 2005, established by section 2906A(a)(1) 
of the Defense Base Closure and Realignment Act of 1990 
(10 U.S.C. 2687 note), $126,697,000, to remain available 
until expended: Provided, That the Department of Defense 
shall notify the Committees on Appropriations of both 
Houses of Congress 14 days prior to obligating an amount 
for a construction project that exceeds or reduces the 
amount identified for that project in the most recently 
submitted budget request for this account by 20 percent 
or $2,000,000, whichever is less: Provided further, That 
the previous proviso shall not apply to projects costing less 
than $5,000,000, except for those projects not previously 
identified in any budget submission for this account and 
exceeding the minor construction threshold under section 
2805 of title 10, United States Code.
169 
ADMINISTRATIVE PROVISIONS 
SEC. 101. None of the funds made available in this 
title shall be expended for payments under a cost-plus-a- 
fixed-fee contract for construction, where cost estimates 
exceed $25,000, to be performed within the United States, 
except Alaska, without the specific approval in writing of 
the Secretary of Defense setting forth the reasons there-
for. 
SEC. 102. Funds made available in this title for con-
struction shall be available for hire of passenger motor ve-
hicles. 
SEC. 103. Funds made available in this title for con-
struction may be used for advances to the Federal High-
way Administration, Department of Transportation, for 
the construction of access roads as authorized by section 
210 of title 23, United States Code, when projects author-
ized therein are certified as important to the national de-
fense by the Secretary of Defense. 
SEC. 104. None of the funds made available in this 
title may be used to begin construction of new bases in 
the United States for which specific appropriations have 
not been made. 
SEC. 105. None of the funds made available in this 
title shall be used for purchase of land or land easements 
in excess of 100 percent of the value as determined by
170 
the Army Corps of Engineers or the Naval Facilities Engi-
neering Command, except: (1) where there is a determina-
tion of value by a Federal court; (2) purchases negotiated 
by the Attorney General or the designee of the Attorney 
General; (3) where the estimated value is less than 
$25,000; or (4) as otherwise determined by the Secretary 
of Defense to be in the public interest. 
SEC. 106. None of the funds made available in this 
title shall be used to: (1) acquire land; (2) provide for site 
preparation; or (3) install utilities for any family housing, 
except housing for which funds have been made available 
in annual Acts making appropriations for military con-
struction. 
SEC. 107. None of the funds made available in this 
title for minor construction may be used to transfer or 
relocate any activity from one base or installation to an-
other, without prior notification to the Committees on Ap-
propriations of both Houses of Congress. 
SEC. 108. None of the funds made available in this 
title may be used for the procurement of steel for any con-
struction project or activity for which American steel pro-
ducers, fabricators, and manufacturers have been denied 
the opportunity to compete for such steel procurement. 
SEC. 109. None of the funds available to the Depart-
ment of Defense for military construction or family hous-
171 
ing during the current fiscal year may be used to pay real 
property taxes in any foreign nation. 
SEC. 110. None of the funds made available in this 
title may be used to initiate a new installation overseas 
without prior notification to the Committees on Appro-
priations of both Houses of Congress. 
SEC. 111. None of the funds made available in this 
title may be obligated for architect and engineer contracts 
estimated by the Government to exceed $500,000 for 
projects to be accomplished in Japan, in any North Atlan-
tic Treaty Organization member country, or in countries 
bordering the Arabian Sea, unless such contracts are 
awarded to United States firms or United States firms 
in joint venture with host nation firms. 
SEC. 112. None of the funds made available in this 
title for military construction in the United States terri-
tories and possessions in the Pacific and on Kwajalein 
Atoll, or in countries bordering the Arabian Sea, may be 
used to award any contract estimated by the Government 
to exceed $1,000,000 to a foreign contractor: Provided, 
That this section shall not be applicable to contract 
awards for which the lowest responsive and responsible bid 
of a United States contractor exceeds the lowest respon-
sive and responsible bid of a foreign contractor by greater 
than 20 percent: Provided further, That this section shall
172 
not apply to contract awards for military construction on 
Kwajalein Atoll for which the lowest responsive and re-
sponsible bid is submitted by a Marshallese contractor. 
SEC. 113. The Secretary of Defense shall inform the 
appropriate committees of both Houses of Congress, in-
cluding the Committees on Appropriations, of plans and 
scope of any proposed military exercise involving United 
States personnel 30 days prior to its occurring, if amounts 
expended for construction, either temporary or permanent, 
are anticipated to exceed $100,000. 
SEC. 114. Funds appropriated to the Department of 
Defense for construction in prior years shall be available 
for construction authorized for each such military depart-
ment by the authorizations enacted into law during the 
current session of Congress. 
SEC. 115. Not more than 20 percent of the funds 
made available in this title which are limited for obligation 
during the current fiscal year shall be obligated during 
the last 2 months of the fiscal year. 
SEC. 116. For military construction or family housing 
projects that are being completed with funds otherwise ex-
pired or lapsed for obligation, expired or lapsed funds may 
be used to pay the cost of associated supervision, inspec-
tion, overhead, engineering and design on those projects 
and on subsequent claims, if any.
173 
SEC. 117. Notwithstanding any other provision of 
law, any funds made available to a military department 
or defense agency for the construction of military projects 
may be obligated for a military construction project or 
contract, or for any portion of such a project or contract, 
at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were made 
available, if the funds obligated for such project: (1) are 
obligated from funds available for military construction 
projects; and (2) do not exceed the amount appropriated 
for such project, plus any amount by which the cost of 
such project is increased pursuant to law. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 118. In addition to any other transfer authority 
available to the Department of Defense, proceeds depos-
ited to the Department of Defense Base Closure Account 
established by section 207(a)(1) of the Defense Authoriza-
tion Amendments and Base Closure and Realignment Act 
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 
of such Act, may be transferred to the account established 
by section 2906(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), to be 
merged with, and to be available for the same purposes 
and the same time period as that account.
174 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 119. Subject to 30 days prior notification, or 
14 days for a notification provided in an electronic me-
dium pursuant to sections 480 and 2883 of title 10, 
United States Code, to the Committees on Appropriations 
of both Houses of Congress, such additional amounts as 
may be determined by the Secretary of Defense may be 
transferred to: (1) the Department of Defense Family 
Housing Improvement Fund from amounts appropriated 
for construction in ‘‘Family Housing’’ accounts, to be 
merged with and to be available for the same purposes 
and for the same period of time as amounts appropriated 
directly to the Fund; or (2) the Department of Defense 
Military Unaccompanied Housing Improvement Fund 
from amounts appropriated for construction of military 
unaccompanied housing in ‘‘Military Construction’’ ac-
counts, to be merged with and to be available for the same 
purposes and for the same period of time as amounts ap-
propriated directly to the Fund: Provided, That appropria-
tions made available to the Funds shall be available to 
cover the costs, as defined in section 502(5) of the Con-
gressional Budget Act of 1974, of direct loans or loan 
guarantees issued by the Department of Defense pursuant 
to the provisions of subchapter IV of chapter 169 of title 
10, United States Code, pertaining to alternative means
175 
of acquiring and improving military family housing, mili-
tary unaccompanied housing, and supporting facilities. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 120. In addition to any other transfer authority 
available to the Department of Defense, amounts may be 
transferred from the accounts established by sections 
2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 
and Realignment Act of 1990 (10 U.S.C. 2687 note), to 
the fund established by section 1013(d) of the Demonstra-
tion Cities and Metropolitan Development Act of 1966 (42 
U.S.C. 3374) to pay for expenses associated with the 
Homeowners Assistance Program incurred under 42 
U.S.C. 3374(a)(1)(A). Any amounts transferred shall be 
merged with and be available for the same purposes and 
for the same time period as the fund to which transferred. 
SEC. 121. Notwithstanding any other provision of 
law, funds made available in this title for operation and 
maintenance of family housing shall be the exclusive 
source of funds for repair and maintenance of all family 
housing units, including general or flag officer quarters: 
Provided, That not more than $35,000 per unit may be 
spent annually for the maintenance and repair of any gen-
eral or flag officer quarters without 30 days prior notifica-
tion, or 14 days for a notification provided in an electronic 
medium pursuant to sections 480 and 2883 of title 10,
176 
United States Code, to the Committees on Appropriations 
of both Houses of Congress, except that an after-the-fact 
notification shall be submitted if the limitation is exceeded 
solely due to costs associated with environmental remedi-
ation that could not be reasonably anticipated at the time 
of the budget submission: Provided further, That the 
Under Secretary of Defense (Comptroller) is to report an-
nually to the Committees on Appropriations of both 
Houses of Congress all operation and maintenance ex-
penditures for each individual general or flag officer quar-
ters for the prior fiscal year. 
SEC. 122. Amounts contained in the Ford Island Im-
provement Account established by subsection (h) of sec-
tion 2814 of title 10, United States Code, are appro-
priated and shall be available until expended for the pur-
poses specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section. 
SEC. 123. None of the funds made available in this 
title, or in any Act making appropriations for military con-
struction which remain available for obligation, may be ob-
ligated or expended to carry out a military construction, 
land acquisition, or family housing project at or for a mili-
tary installation approved for closure, or at a military in-
stallation for the purposes of supporting a function that 
has been approved for realignment to another installation,
177 
in 2005 under the Defense Base Closure and Realignment 
Act of 1990 (part A of title XXIX of Public Law 101– 
510; 10 U.S.C. 2687 note), unless such a project at a mili-
tary installation approved for realignment will support a 
continuing mission or function at that installation or a 
new mission or function that is planned for that installa-
tion, or unless the Secretary of Defense certifies that the 
cost to the United States of carrying out such project 
would be less than the cost to the United States of cancel-
ling such project, or if the project is at an active compo-
nent base that shall be established as an enclave or in the 
case of projects having multi-agency use, that another 
Government agency has indicated it will assume ownership 
of the completed project. The Secretary of Defense may 
not transfer funds made available as a result of this limi-
tation from any military construction project, land acquisi-
tion, or family housing project to another account or use 
such funds for another purpose or project without the 
prior approval of the Committees on Appropriations of 
both Houses of Congress. This section shall not apply to 
military construction projects, land acquisition, or family 
housing projects for which the project is vital to the na-
tional security or the protection of health, safety, or envi-
ronmental quality: Provided, That the Secretary of De-
fense shall notify the congressional defense committees
178 
within seven days of a decision to carry out such a military 
construction project. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 124. During the 5-year period after appropria-
tions available in this Act to the Department of Defense 
for military construction and family housing operation and 
maintenance and construction have expired for obligation, 
upon a determination that such appropriations will not be 
necessary for the liquidation of obligations or for making 
authorized adjustments to such appropriations for obliga-
tions incurred during the period of availability of such ap-
propriations, unobligated balances of such appropriations 
may be transferred into the appropriation ‘‘Foreign Cur-
rency Fluctuations, Construction, Defense’’, to be merged 
with and to be available for the same time period and for 
the same purposes as the appropriation to which trans-
ferred. 
SEC. 125. None of the funds made available by this 
Act may be used by the Secretary of Defense to take bene-
ficial occupancy of more than 2,500 parking spaces (other 
than handicap-reserved spaces) to be provided by the 
BRAC 133 project: Provided, That this limitation may be 
waived in part if: (1) the Secretary of Defense certifies 
to Congress that levels of service at existing intersections 
in the vicinity of the project have not experienced failing
179 
levels of service as defined by the Transportation Research 
Board Highway Capacity Manual over a consecutive 90- 
day period; (2) the Department of Defense and the Vir-
ginia Department of Transportation agree on the number 
of additional parking spaces that may be made available 
to employees of the facility subject to continued 90-day 
traffic monitoring; and (3) the Secretary of Defense noti-
fies the congressional defense committees in writing at 
least 14 days prior to exercising this waiver of the number 
of additional parking spaces to be made available. 
SEC. 126. None of the funds made available by this 
Act may be used for any action that relates to or promotes 
the expansion of the boundaries or size of the Pinon Can-
yon Maneuver Site, Colorado. 
SEC. 127. Amounts appropriated or otherwise made 
available in an account funded under the headings in this 
title may be transferred among projects and activities 
within the account in accordance with the reprogramming 
guidelines for military construction and family housing 
construction contained in Department of Defense Finan-
cial Management Regulation 7000.14–R, Volume 3, Chap-
ter 7, of February 2009, as in effect on the date of enact-
ment of this Act. 
SEC. 128. (a) Except as provided in subsection (b), 
none of the funds made available in this Act may be used
180 
by the Secretary of the Army to relocate a unit in the 
Army that— 
(1) performs a testing mission or function that 
is not performed by any other unit in the Army and 
is specifically stipulated in title 10, United States 
Code; and 
(2) is located at a military installation at which 
the total number of civilian employees of the Depart-
ment of the Army and Army contractor personnel 
employed exceeds 10 percent of the total number of 
members of the regular and reserve components of 
the Army assigned to the installation. 
(b) EXCEPTION.—Subsection (a) shall not apply if 
the Secretary of the Army certifies to the congressional 
defense committees that in proposing the relocation of the 
unit of the Army, the Secretary complied with Army Regu-
lation 5–10 relating to the policy, procedures, and respon-
sibilities for Army stationing actions. 
SEC. 129. Notwithstanding any other provision of 
law, none of the funds made available to the Department 
of Defense for military construction in this or any other 
Act, may be obligated or expended for planning and design 
and construction of projects at Arlington National Ceme-
tery.
181 
(INCLUDING RESCISSION OF FUNDS) 
SEC. 130. Of the unobligated balances available for 
‘‘Military Construction, Defense-Wide’’, from prior appro-
priations Acts, $20,000,000 are hereby cancelled: Pro-
vided, That no amounts may be cancelled from amounts 
that were designated by Congress as an emergency re-
quirement or for Overseas Contingency Operations/Global 
War on Terrorism pursuant to the Concurrent Resolution 
on the Budget or the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended. 
(INCLUDING RESCISSION OF FUNDS) 
SEC. 131. Of the unobligated balances available for 
‘‘Department of Defense Base Closure Account 2005’’, 
from prior appropriations Acts, $132,513,000 are hereby 
cancelled: Provided, That no amounts may be cancelled 
from amounts that were designated by Congress as an 
emergency requirement or for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to the Concur-
rent Resolution on the Budget or the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 132. Of the proceeds credited to the Depart-
ment of Defense Family Housing Improvement Fund pur-
suant to subsection (c)(1)(C) of section 2883 of title 10, 
United States Code, from a Department of Navy land con-
182 
veyance, the Secretary of Defense shall transfer 
$10,500,000 to the Secretary of the Navy under para-
graph (3) of subsection (d) of such section for use by the 
Secretary of the Navy as provided in paragraph (1) of 
such subsection until expended. 
TITLE II 
DEPARTMENT OF VETERANS AFFAIRS 
VETERANS BENEFITS ADMINISTRATION 
COMPENSATION AND PENSIONS 
(INCLUDING TRANSFER OF FUNDS) 
For the payment of compensation benefits to or on 
behalf of veterans and a pilot program for disability ex-
aminations as authorized by section 107 and chapters 11, 
13, 18, 51, 53, 55, and 61 of title 38, United States Code; 
pension benefits to or on behalf of veterans as authorized 
by chapters 15, 51, 53, 55, and 61 of title 38, United 
States Code; and burial benefits, the Reinstated Entitle-
ment Program for Survivors, emergency and other offi-
cers’ retirement pay, adjusted-service credits and certifi-
cates, payment of premiums due on commercial life insur-
ance policies guaranteed under the provisions of title IV 
of the Servicemembers Civil Relief Act (50 U.S.C. App. 
541 et seq.) and for other benefits as authorized by sec-
tions 107, 1312, 1977, and 2106, and chapters 23, 51, 
53, 55, and 61 of title 38, United States Code,
183 
$60,599,855,000, to remain available until expended: Pro-
vided, That not to exceed $9,204,000 of the amount ap-
propriated under this heading shall be reimbursed to 
‘‘General operating expenses, Veterans Benefits Adminis-
tration’’, ‘‘Medical support and compliance’’, and ‘‘Infor-
mation technology systems’’ for necessary expenses in im-
plementing the provisions of chapters 51, 53, and 55 of 
title 38, United States Code, the funding source for which 
is specifically provided as the ‘‘Compensation and pen-
sions’’ appropriation: Provided further, That such sums as 
may be earned on an actual qualifying patient basis, shall 
be reimbursed to ‘‘Medical care collections fund’’ to aug-
ment the funding of individual medical facilities for nurs-
ing home care provided to pensioners as authorized. 
READJUSTMENT BENEFITS 
For the payment of readjustment and rehabilitation 
benefits to or on behalf of veterans as authorized by chap-
ters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 
61 of title 38, United States Code, and for the payment 
of benefits under the Veterans Retraining Assistance Pro-
gram, $12,023,458,000, to remain available until ex-
pended: Provided, That expenses for rehabilitation pro-
gram services and assistance which the Secretary is au-
thorized to provide under subsection (a) of section 3104 
of title 38, United States Code, other than under para-