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ices Committee of the Senate, the Subcommittee on Defense 
of the Committee on Appropriations of the Senate, and the 
Subcommittee on Defense of the Committee on Appropria-
tions of the House of Representatives. 
SEC. 8026. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well 
as the production of components and other Defense-related 
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of del-
egation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and 
private bids: Provided further, That Office of Management 
and Budget Circular A–76 shall not apply to competitions 
conducted under this section. 
SEC. 8027. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment described in paragraph (2) has violated the terms of 
the agreement by discriminating against certain types of 
products produced in the United States that are covered by 
the agreement, the Secretary of Defense shall rescind the 
Secretary’s blanket waiver of the Buy American Act with
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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 pur-
chases 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 agree-
ment 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 Amer-
ican Act’’ means chapter 83 of title 41, United States Code. 
SEC. 8028. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by section 
2921(c)(1) of the National Defense Authorization Act of 
1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be 
available until expended for the payments specified by sec-
tion 2921(c)(2) of that Act.
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SEC. 8029. (a) Notwithstanding any other provision 
of law, the Secretary of the Air Force may convey at no 
cost to the Air Force, without consideration, to Indian 
tribes located in the States of Nevada, Idaho, North Dakota, 
South Dakota, Montana, Oregon, Minnesota, and Wash-
ington relocatable military housing units located at Grand 
Forks Air Force Base, Malmstrom Air Force Base, Moun-
tain 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 Walk-
ing Shield Program on behalf of Indian tribes located in 
the States of Nevada, Idaho, North Dakota, South Dakota, 
Montana, Oregon, Minnesota, and Washington. Any such 
conveyance shall be subject to the condition that the housing 
units shall be removed within a reasonable period of time, 
as determined by the Secretary. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for hous-
ing units under subsection (a) before submitting requests 
to the Secretary of the Air Force under subsection (b).
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(d) In this section, the term ‘‘Indian tribe’’ means any 
recognized Indian tribe included on the current list pub-
lished by the Secretary of the Interior under section 104 
of the Federally Recognized Indian Tribe Act of 1994 (Pub-
lic 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 pur-
chase of an investment item for the purpose of acquiring 
a new inventory item for sale or anticipated sale during 
the current fiscal year or a subsequent fiscal year to cus-
tomers 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 dur-
ing fiscal year 1994 and if the purchase of such an invest-
ment 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 Depart-
ment of Defense as well as all justification material and
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other documentation supporting the fiscal year 2014 De-
partment of Defense budget shall be prepared and submitted 
to the Congress on the basis that any equipment which was 
classified as an end item and funded in a procurement ap-
propriation 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 re-
main available for obligation beyond the current fiscal year, 
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30, 
2014: Provided, That funds appropriated, transferred, or 
otherwise credited to the Central Intelligence Agency Cen-
tral Services Working Capital Fund during this or any 
prior or subsequent fiscal year shall remain available until 
expended: Provided further, That any funds appropriated 
or transferred to the Central Intelligence Agency for ad-
vanced research and development acquisition, for agent op-
erations, and for covert action programs authorized by the 
President under section 503 of the National Security Act 
of 1947, as amended, shall remain available until Sep-
tember 30, 2014.
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† HR 933 EAS 
SEC. 8033. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and 
deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
tems for the Services, the Unified and Specified Commands, 
and the component commands. 
SEC. 8034. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, 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, complies 
with the Buy American Act. For purposes of this subsection, 
the term ‘‘Buy American Act’’ means chapter 83 of title 
41, United States Code. 
(b) If the Secretary of Defense determines that a person 
has been convicted of intentionally affixing a label bearing
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† HR 933 EAS 
a ‘‘Made in America’’ inscription to any product sold in 
or shipped to the United States that is not made in Amer-
ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment of Defense. 
(c) In the case of any equipment or products purchased 
with appropriations provided under this Act, it is the sense 
of the Congress that any entity of the Department of De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-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 activ-
ity responsible for the procurement determines— 
(1) as a result of thorough technical evaluation, 
only one source is found fully qualified to perform the 
proposed work; 
(2) the purpose of the contract is to explore an 
unsolicited proposal which offers significant scientific 
or technological promise, represents the product of
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original thinking, and was submitted in confidence 
by one source; or 
(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new 
product or idea of a specific concern is given finan-
cial support: Provided, That this limitation shall not 
apply to contracts in an amount of less than $25,000, 
contracts related to improvements of equipment that 
is in development or production, or contracts as to 
which a civilian official of the Department of Defense, 
who has been confirmed by the Senate, determines 
that the award of such contract is in the interest of 
the national defense. 
SEC. 8037. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the department 
who is transferred or reassigned from a headquarters 
activity if the member or employee’s place of duty re-
mains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a),
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† HR 933 EAS 
on a case-by-case basis, if the Secretary determines, and cer-
tifies 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 re-
quirements 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 impro-
vised explosive devices, and, as determined by the Sec-
retary of the Army, other similar threats; or 
(3) an Army field operating agency established 
to improve the effectiveness and efficiencies of biomet-
ric activities and to integrate common biometric tech-
nologies throughout the Department of Defense. 
SEC. 8038. None of the funds made available in this 
Act may be used to approve or license the sale of the F– 
22A advanced tactical fighter to any foreign government: 
Provided, That the Department of Defense may conduct or 
participate in studies, research, design and other activities 
to define and develop a future export version of the F–22A 
that protects classified and sensitive information, tech-
nologies and U.S. warfighting capabilities.
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† HR 933 EAS 
SEC. 8039. (a) None of the funds appropriated by this 
Act shall be available to convert to contractor performance 
an activity or function of the Department of Defense that, 
on or after the date of the enactment of this Act, is per-
formed by Department of Defense civilian employees un-
less— 
(1) the conversion is based on the result of a pub-
lic-private competition that includes a most efficient 
and cost effective organization plan developed by such 
activity or function; 
(2) the Competitive Sourcing Official determines 
that, over all performance periods stated in the solici-
tation of offers for performance of the activity or 
function, the cost of performance of the activity or 
function by a contractor would be less costly to the 
Department of Defense by an amount that equals or 
exceeds the lesser of— 
(A) 10 percent of the most efficient 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 advantage 
for a proposal that would reduce costs for the Depart-
ment of Defense by—
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(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the premium 
or subscription share than the amount that is 
paid by the Department of Defense for health 
benefits for civilian employees under chapter 89 
of title 5, United States Code. 
(b)(1) The Department of Defense, without regard to 
subsection (a) of this section or subsection (a), (b), or (c) 
of section 2461 of title 10, United States Code, and notwith-
standing any administrative regulation, requirement, or 
policy to the contrary shall have full authority to enter into 
a contract for the performance of any commercial or indus-
trial 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
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† HR 933 EAS 
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 ownership 
by an Indian tribe, as defined in section 4(e) of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga-
nization, 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 out-
sourcing goal, target, or measurement that may be estab-
lished by statute, regulation, or policy and is deemed to 
be awarded under the authority of, and in compliance with, 
subsection (h) of section 2304 of title 10, United States 
Code, for the competition or outsourcing of commercial ac-
tivities. 
(RESCISSIONS) 
SEC. 8040. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are
254 
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hereby rescinded from the following accounts and programs 
in the specified amounts: 
‘‘Shipbuilding and Conversion, Navy, 2007/ 
2018’’: DDG–51 Destroyer, $98,400,000; 
‘‘Shipbuilding and Conversion, Navy, 2007/ 
2018’’: DDG–51 Destroyer Advance Procurement, 
$2,500,000; 
‘‘Shipbuilding and Conversion, Navy, 2007/ 
2018’’: CVN Refueling Overhaul, $14,100,000; 
‘‘Procurement of Ammunition, Army, 2011/ 
2013’’, $14,862,000; 
‘‘Other 
Procurement, 
Army, 
2011/2013’’, 
$108,098,000; 
‘‘Aircraft 
Procurement, 
Navy, 
2011/2013’’, 
$43,860,000; 
‘‘Shipbuilding and Conversion, Navy, 2011/ 
2015’’: DDG–51 Destroyer, $215,300,000; 
‘‘Weapons 
Procurement, 
Navy, 
2011/2013’’, 
$22,000,000; 
‘‘Aircraft Procurement, Air Force, 2011/2013’’, 
$93,400,000; 
‘‘Other Procurement, Air Force, 2011/2013’’, 
$9,500,000; 
‘‘Operation and Maintenance, Defense-Wide, 
2012/XXXX’’, $21,000,000;
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† HR 933 EAS 
‘‘Aircraft 
Procurement, 
Army, 
2012/2014’’, 
$47,400,000; 
‘‘Other 
Procurement, 
Army, 
2012/2014’’, 
$179,608,000; 
‘‘Aircraft 
Procurement, 
Navy, 
2012/2014’’, 
$19,040,000; 
‘‘Shipbuilding and Conversion, Navy, 2012/ 
2016’’: Littoral Combat Ship, $28,800,000; 
‘‘Shipbuilding and Conversion, Navy, 2012/ 
2016’’: DDG–51 Destroyer, $83,000,000; 
‘‘Weapons 
Procurement, 
Navy, 
2012/2014’’, 
$36,467,000; 
‘‘Procurement of Ammunition, Navy and Marine 
Corps, 2012/2014’’, $16,300,000; 
‘‘Procurement, 
Marine 
Corps, 
2012/2014’’, 
$132,555,000; 
‘‘Aircraft Procurement, Air Force, 2012/2014’’, 
$394,299,000; 
‘‘Missile Procurement, Air Force, 2012/2014’’, 
$52,898,000; 
‘‘Other Procurement, Air Force, 2012/2014’’, 
$55,800,000; 
‘‘Procurement, 
Defense-Wide, 
2012/2014’’, 
$16,000,000;
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‘‘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. 8041. None of the funds available in this Act may 
be used to reduce the authorized positions for military tech-
nicians (dual status) of the Army National Guard, Air Na-
tional Guard, Army Reserve and Air Force Reserve for the 
purpose of applying any administratively imposed civilian 
personnel ceiling, freeze, or reduction on military techni-
cians (dual status), unless such reductions are a direct re-
sult of a reduction in military force structure. 
SEC. 8042. 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. 8043. 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-
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† HR 933 EAS 
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the ac-
tivities 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. 8044. During the current fiscal year, none of the 
funds appropriated in this Act may be used to reduce the 
civilian medical and medical support personnel assigned to 
military treatment facilities below the September 30, 2003, 
level: Provided, That the Service Surgeons General may 
waive this section by certifying to the congressional defense 
committees that the beneficiary population is declining in 
some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and 
capitation-based budgeting. 
SEC. 8045. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any 
other department or agency of the United States except as 
specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction and 
counter-drug activities may be transferred to any other de-
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† HR 933 EAS 
partment or agency of the United States except as specifi-
cally provided in an appropriations law. 
SEC. 8046. 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 do-
mestic origin: Provided, That the Secretary of the military 
department responsible for such procurement may waive 
this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of 
Representatives and the Senate, that adequate domestic 
supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition 
must be made in order to acquire capability for national 
security purposes: Provided further, That this restriction 
shall not apply to the purchase of ‘‘commercial items’’, as 
defined by section 4(12) of the Office of Federal Procure-
ment Policy Act, except that the restriction shall apply to 
ball or roller bearings purchased as end items. 
SEC. 8047. None of the funds in this Act may be used 
to purchase any supercomputer which is not manufactured 
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an 
acquisition must be made in order to acquire capability for 
national security purposes that is not available from 
United States manufacturers.
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† HR 933 EAS 
SEC. 8048. 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 respon-
sibilities or budgetary resources of any program, project, 
or activity financed by this Act to the jurisdiction of an-
other Federal agency not financed by this Act without the 
express authorization of Congress: Provided, That this limi-
tation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of 
Acts providing supplemental appropriations for the De-
partment of Defense. 
SEC. 8049. (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 ex-
pended to transfer to another nation or an international 
organization any defense articles or services (other than in-
telligence services) for use in the activities described in sub-
section (b) unless the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representa-
tives, 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
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† HR 933 EAS 
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 fol-
lowing: 
(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 re-
quirements of all elements of the Armed Forces 
(including the reserve components) for the type 
of equipment or supplies to be transferred have 
been met; and 
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced 
and, if so, how the President proposes to provide 
funds for such replacement. 
SEC. 8050. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
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† HR 933 EAS 
partment 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 ex-
cess of the normal salary paid by the contractor to the 
employee; and 
(2) such bonus is part of restructuring costs asso-
ciated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8051. 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 personnel in con-
nection with support and services for eligible organizations 
and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code. 
SEC. 8052. 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 nega-
tive unliquidated or unexpended balance, an obligation or 
an adjustment of an obligation may be charged to any cur-
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† HR 933 EAS 
rent appropriation account for the same purpose as the ex-
pired or closed account if— 
(1) the obligation would have been properly 
chargeable (except as to amount) to the expired or 
closed account before the end of the period of avail-
ability or closing of that account; 
(2) the obligation is not otherwise properly 
chargeable to any current appropriation account of 
the Department of Defense; and 
(3) in the case of an expired account, the obliga-
tion is not chargeable to a current appropriation of 
the Department of Defense under the provisions of sec-
tion 1405(b)(8) of the National Defense Authorization 
Act for Fiscal Year 1991, Public Law 101–510, as 
amended (31 U.S.C. 1551 note): Provided, That in 
the case of an expired account, if subsequent review 
or investigation discloses that there was not in fact a 
negative unliquidated or unexpended balance in the 
account, any charge to a current account under the 
authority of this section shall be reversed and re-
corded against the expired account: Provided further, 
That the total amount charged to a current appro-
priation under this section may not exceed an 
amount equal to 1 percent of the total appropriation 
for that account.
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† HR 933 EAS 
SEC. 8053. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may permit 
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available, 
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such 
use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that 
subsection. Such funds shall be available for such purposes 
without fiscal year limitation. 
SEC. 8054. 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 further, 
That at Landstuhl Army Regional Medical Center and
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† HR 933 EAS 
Ramstein Air Base, furnished heat may be obtained from 
private, regional or municipal services, if provisions are in-
cluded for the consideration of United States coal as an en-
ergy source. 
SEC. 8055. None of the funds appropriated in title IV 
of this Act may be used to procure end-items for delivery 
to military forces for operational training, operational use 
or inventory requirements: Provided, That this restriction 
does not apply to end-items used in development, proto-
typing, and test activities preceding and leading to accept-
ance for operational use: Provided further, That this restric-
tion 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 Appropria-
tions of the House of Representatives and the Senate that 
it is in the national security interest to do so. 
SEC. 8056. (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 pro-
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† HR 933 EAS 
curement 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 pro-
duced in the United States for that country. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or 
after the date of the enactment of this Act; and 
(2) options for the procurement of items that are 
exercised after such date under contracts that are en-
tered into before such date if the option prices are ad-
justed for any reason other than the application 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. 8057. (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 in-
formation from the Department of State that the unit has
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committed a gross violation of human rights, unless all nec-
essary 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 avail-
able 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 de-
scribing the extraordinary circumstances, the purpose and 
duration of the training program, the United States forces 
and the foreign security forces involved in the training pro-
gram, and the information relating to human rights viola-
tions that necessitates the waiver. 
SEC. 8058. None of the funds appropriated or other-
wise made available by this or other Department of Defense 
Appropriations Acts may be obligated or expended for the 
purpose of performing repairs or maintenance to military 
family housing units of the Department of Defense, includ-
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ing areas in such military family housing units that may 
be used for the purpose of conducting official Department 
of Defense business. 
SEC. 8059. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’ 
for any new start advanced concept technology demonstra-
tion project or joint capability demonstration project may 
only be obligated 45 days after a report, including a de-
scription of the project, the planned acquisition and transi-
tion strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense com-
mittees: 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. 8060. 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 matters 
as directed in the classified annex accompanying this Act. 
SEC. 8061. 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
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90 days in arrears in making payment to the Department 
of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, 
That this restriction shall not apply if the department is 
authorized by law to provide support to such department 
or agency on a nonreimbursable basis, and is providing the 
requested support pursuant to such authority: Provided fur-
ther, That the Secretary of Defense may waive this restric-
tion on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representa-
tives and the Senate that it is in the national security inter-
est to do so. 
SEC. 8062. Notwithstanding section 12310(b) of title 
10, United States Code, a Reserve who is a member of the 
National Guard serving on full-time National Guard duty 
under section 502(f) of title 32, United States Code, may 
perform duties in support of the ground-based elements of 
the National Ballistic Missile Defense System. 
SEC. 8063. None of the funds provided in this Act may 
be used to transfer to any nongovernmental entity ammuni-
tion held by the Department of Defense that has a center- 
fire cartridge and a United States military nomenclature 
designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 
‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
cendiary tracer (API–T)’’, except to an entity performing
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demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to 
the satisfaction of the Department of Defense that armor 
piercing projectiles are either: (1) rendered incapable of 
reuse by the demilitarization process; or (2) used to manu-
facture ammunition pursuant to a contract with the De-
partment of Defense or the manufacture of ammunition for 
export pursuant to a License for Permanent Export of Un-
classified Military Articles issued by the Department of 
State. 
SEC. 8064. 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 fraternal 
nonprofit organization as may be approved by the Chief 
of the National Guard Bureau, or his designee, on a case- 
by-case basis. 
SEC. 8065. 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
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(including such alcoholic beverages sold by the drink) on 
a military installation located in the United States unless 
such malt beverages and wine are procured within that 
State, or in the case of the District of Columbia, within 
the District of Columbia, in which the military installation 
is located: Provided, That in a case in which the military 
installation is located in more than one State, purchases 
may be made in any State in which the installation is lo-
cated: Provided further, That such local procurement re-
quirements for malt beverages and wine shall apply to all 
alcoholic beverages only for military installations in States 
which are not contiguous with another State: Provided fur-
ther, That alcoholic beverages other than wine and malt bev-
erages, 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. 8066. 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: Provided fur-
ther, That the Secretary of Defense is authorized to enter 
into and carry out contracts for the acquisition of real
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property, construction, personal services, and operations re-
lated to projects carrying out the purposes of this section: 
Provided further, That contracts entered into under the au-
thority of this section may provide for such indemnification 
as the Secretary determines to be necessary: Provided fur-
ther, That projects authorized by this section shall comply 
with applicable Federal, State, and local law to the max-
imum extent consistent with the national security, as deter-
mined by the Secretary of Defense. 
SEC. 8067. Section 8106 of the Department of Defense 
Appropriations Act, 1997 (titles I through VIII of the mat-
ter under subsection 101(b) of Public Law 104–208; 110 
Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect 
to apply to disbursements that are made by the Department 
of Defense in fiscal year 2013. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8068. 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 addition to any 
other transfer authority available to the Department of De-
fense: 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’’,
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notify the congressional defense committees in writing with 
the source of funds and a detailed justification, execution 
plan, and timeline for each proposed project. 
SEC. 8069. In addition to amounts provided elsewhere 
in this Act, $4,000,000 is hereby appropriated to the De-
partment of Defense, to remain available for obligation 
until expended: Provided, That notwithstanding any other 
provision of law, that upon the determination of the Sec-
retary of Defense that it shall serve the national interest, 
these funds shall be available only for a grant to the Fisher 
House Foundation, Inc., only for the construction and fur-
nishing of additional Fisher Houses to meet the needs of 
military family members when confronted with the illness 
or hospitalization of an eligible military beneficiary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8070. Of the amounts appropriated in this Act 
under the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’, 
$479,736,000 shall be for the Israeli Cooperative Programs: 
Provided, That of this amount, $211,000,000 shall be for 
the Secretary of Defense to provide to the Government of 
Israel for the procurement of the Iron Dome defense system 
to counter short-range rocket threats, $149,679,000 shall be 
for the Short Range Ballistic Missile Defense (SRBMD) 
program, including cruise missile defense research and de-
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velopment 
under 
the 
SRBMD 
program, 
of 
which 
$39,200,000 shall be for production activities of SRBMD 
missiles in the United States and in Israel to meet Israel’s 
defense requirements consistent with each nation’s laws, 
regulations, and procedures, $74,692,000 shall be available 
for an upper-tier component to the Israeli Missile Defense 
Architecture, and $44,365,000 shall be for the Arrow Sys-
tem Improvement Program including development of a long 
range, ground and airborne, detection suite: Provided fur-
ther, That funds made available under this provision for 
production of missiles and missile components may be 
transferred to appropriations available for the procurement 
of weapons and equipment, to be merged with and to be 
available for the same time period and the same purposes 
as the appropriation to which transferred: Provided further, 
That the transfer authority provided under this provision 
is in addition to any other transfer authority contained in 
this Act. 
SEC. 8071. (a) None of the funds available to the De-
partment of Defense may be obligated to modify command 
and control relationships to give Fleet Forces Command 
operational and administrative control of U.S. Navy forces 
assigned to the Pacific fleet. 
(b) None of the funds available to the Department of 
Defense may be obligated to modify command and control
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relationships to give United States Transportation Com-
mand operational and administrative control of C–130 and 
KC–135 forces assigned to the Pacific and European Air 
Force Commands. 
(c) The command and control relationships in sub-
sections (a) and (b) which existed on March 13, 2011, shall 
remain in force unless changes are specifically authorized 
in a subsequent Act. 
(d) This subsection does not apply to administrative 
control of Navy Air and Missile Defense Command. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8072. 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;
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(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 Overhauls 
Program $135,000,000. 
SEC. 8073. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 414) during fiscal year 2013 
until the enactment of the Intelligence Authorization Act 
for Fiscal Year 2013. 
SEC. 8074. None of the funds provided in this Act shall 
be available for obligation or expenditure through a re-
programming of funds that creates or initiates a new pro-
gram, project, or activity unless such program, project, or 
activity must be undertaken immediately in the interest of 
national security and only after written prior notification 
to the congressional defense committees. 
SEC. 8075. The budget of the President for fiscal year 
2014 submitted to the Congress pursuant to section 1105 
of title 31, United States Code, shall include separate budget 
justification documents for costs of United States Armed 
Forces’ participation in contingency operations for the
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Military Personnel accounts, the Operation and Mainte-
nance accounts, and the Procurement accounts: Provided, 
That these documents shall include a description of the 
funding requested for each contingency operation, for each 
military service, to include all Active and Reserve compo-
nents, and for each appropriations account: Provided fur-
ther, That these documents shall include estimated costs for 
each element of expense or object class, a reconciliation of 
increases and decreases for each contingency operation, and 
programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and esti-
mates 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 Regu-
lation) for all contingency operations for the budget year 
and the two preceding fiscal years. 
SEC. 8076. None of the funds in this Act may be used 
for research, development, test, evaluation, procurement or 
deployment of nuclear armed interceptors of a missile de-
fense system. 
SEC. 8077. 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 Sec-
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retary of Defense that it shall serve the national interest, 
he shall make grants in the amounts specified as follows: 
$20,000,000 to the United Service Organizations and 
$24,000,000 to the Red Cross. 
SEC. 8078. 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 lev-
els funded in this Act: Provided, That the Air Force shall 
allow the 53rd Weather Reconnaissance Squadron to per-
form other missions in support of national defense require-
ments during the non-hurricane season. 
SEC. 8079. None of the funds provided in this Act shall 
be available for integration of foreign intelligence informa-
tion unless the information has been lawfully collected and 
processed during the conduct of authorized foreign intel-
ligence 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 implemented through Execu-
tive Order No. 12333. 
SEC. 8080. (a) At the time members of reserve compo-
nents of the Armed Forces are called or ordered to active 
duty under section 12302(a) of title 10, United States Code,
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each member shall be notified in writing of the expected 
period during which the member will be mobilized. 
(b) The Secretary of Defense may waive the require-
ments of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a na-
tional security emergency or to meet dire operational re-
quirements of the Armed Forces. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8081. 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 adjust-
ments for any ship construction program appropriated in 
law: Provided, That the Secretary may transfer not to ex-
ceed $100,000,000 under the authority provided by this sec-
tion: Provided further, That the Secretary may not transfer 
any funds until 30 days after the proposed transfer has been 
reported to the Committees on Appropriations of the House 
of Representatives and the Senate, unless a response from 
the Committees is received sooner: Provided further, That 
any funds transferred pursuant to this section shall retain 
the same period of availability as when originally appro-
priated: Provided further, That the transfer authority pro-
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tions to be taken under subparagraph (A) will sub-
stantially mitigate the risk of recidivism with regard 
to the individual to be transferred; and 
(D) the transfer is in the national security inter-
ests 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 
why it is not possible to certify that the risks ad-
dressed 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