216 
(b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), 
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
217 
that protects classified and sensitive information, tech-
nologies and U.S. warfighting capabilities. 
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
218 
(3) the contractor does not receive an advantage 
for a proposal that would reduce costs for the Depart-
ment 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 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);
219 
(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 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.
220 
(RESCISSIONS) 
SEC. 8040. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
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’’, $4,500,000; 
‘‘Other 
Procurement, 
Army, 
2011/2013’’, 
$114,848,000; 
‘‘Aircraft 
Procurement, 
Navy, 
2011/2013’’, 
$13,760,000; 
‘‘Shipbuilding and Conversion, Navy, 2011/ 
2015’’: DDG–51 Destroyer, $215,300,000; 
‘‘Weapons 
Procurement, 
Navy, 
2011/2013’’, 
$21,086,000; 
‘‘Aircraft Procurement, Air Force, 2011/2013’’, 
$93,400,000;
221 
‘‘Missile Procurement, Air Force, 2011/2013’’, 
$8,709,000; 
‘‘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’’, 
$99,608,000; 
‘‘Aircraft 
Procurement, 
Navy, 
2012/2014’’, 
$4,640,000; 
‘‘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’’, 
$25,015,000; 
‘‘Other 
Procurement, 
Navy, 
2012/2014’’, 
$4,800,000; 
‘‘Procurement of Ammunition, Navy and Marine 
Corps, 2012/2014’’, $50,703,000; 
‘‘Procurement, 
Marine 
Corps, 
2012/2014’’, 
$135,331,000;
223 
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-
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
224 
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-
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
225 
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. 
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-
226 
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 
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
227 
(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-
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-
228 
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-
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
229 
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. 
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
230 
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 
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-
231 
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-
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
232 
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 
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-
233 
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-
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
234 
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 
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
235 
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 
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
236 
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 
(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
237 
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 
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
238 
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’’, 
notify the congressional defense committees in writing with 
the source of funds and a detailed justification, execution 
plan, and timeline for each proposed project. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. 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)
239 
program, including cruise missile defense research and de-
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. 8070. (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.
240 
(b) None of the funds available to the Department of 
Defense may be obligated to modify command and control 
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. 8071. 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:
241 
(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 Overhauls 
Program $135,000,000. 
SEC. 8072. 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. 8073. 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. 8074. The budget of the President for fiscal year 
2014 submitted to the Congress pursuant to section 1105
242 
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 
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. 8075. 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.
243 
SEC. 8076. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$20,000,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the Sec-
retary of Defense that it shall serve the national interest, 
he shall make grants in the amount specified as follows: 
$20,000,000 to the United Service Organizations. 
SEC. 8077. 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. 8078. 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.
244 
SEC. 8079. (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, 
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. 8080. 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
245 
the same period of availability as when originally appro-
priated: Provided further, That the transfer authority pro-
vided by this section is in addition to any other transfer 
authority contained elsewhere in this Act. 
SEC. 8081. 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 subdivision 
under the heading ‘‘Shipbuilding and Conversion, Navy’’ 
appropriations in the current fiscal year or any prior fiscal 
year. 
SEC. 8082. (a) None of the funds appropriated by this 
Act may be used to transfer research and development, ac-
quisition, 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 Aerial 
Vehicle (UAV) in order to support the Secretary of Defense 
in matters relating to the employment of unmanned aerial 
vehicles. 
SEC. 8083. 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 Regional
246 
Initiative Program for the purpose of enabling the Pacific 
Command to execute Theater Security Cooperation activi-
ties such as humanitarian assistance, and payment of in-
cremental and personnel costs of training and exercising 
with foreign security forces: Provided, That funds made 
available for this purpose may be used, notwithstanding 
any other funding authorities for humanitarian assistance, 
security assistance or combined exercise expenses: Provided 
further, That funds may not be obligated to provide assist-
ance to any foreign country that is otherwise prohibited 
from receiving such type of assistance under any other pro-
vision of law. 
SEC. 8084. None of the funds appropriated by this Act 
for programs of the Office of the Director of National Intel-
ligence shall remain available for obligation beyond the cur-
rent fiscal year, except for funds appropriated for research 
and technology, which shall remain available until Sep-
tember 30, 2014. 
SEC. 8085. 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
247 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8086. 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 jus-
tification 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, Development, 
Test and Evaluation Budget Item Justification; R–3, 
Research, Development, Test and Evaluation Project 
Cost Analysis; and R–4, Research, Development, Test 
and Evaluation Program Schedule Profile. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8087. Notwithstanding any other provision of 
law, the Secretary of the Army may use up to $25,000,000 
of funds appropriated for Operation and Maintenance,
248 
Army in this Act for real property maintenance and repair 
projects and activities at Arlington National Cemetery. 
SEC. 8088. (a) Not later than 60 days after enactment 
of this Act, the Director of National Intelligence shall sub-
mit a report to the congressional intelligence 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 request, 
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 appropria-
tion 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 cer-
tifies in writing to the congressional intelligence committees 
that such reprogramming or transfer is necessary as an 
emergency requirement.
249 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8089. 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 Na-
tional Intelligence to other departments and agencies for 
purposes of Government-wide information sharing activi-
ties: Provided, That funds transferred under this provision 
are to be merged with and available for the same purposes 
and time period as the appropriation to which transferred: 
Provided further, That the Office of Management and Budg-
et must approve any transfers made under this provision. 
SEC. 8090. 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 fu-
ture-years intelligence program (including associated an-
nexes) reflecting the estimated expenditures and proposed 
appropriations included in that budget. Any such 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. 8091. For the purposes of this Act, the term ‘‘con-
gressional intelligence committees’’ means the Permanent 
Select Committee on Intelligence of the House of Represent-
250 
atives, the Select Committee on Intelligence of the Senate, 
the Subcommittee on Defense of the Committee on Appro-
priations of the House of Representatives, and the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate. 
SEC. 8092. The Department of Defense shall continue 
to report incremental contingency operations costs for Oper-
ation New Dawn and Operation Enduring Freedom on a 
monthly basis in the Cost of War Execution Report as pre-
scribed in the Department of Defense Financial Manage-
ment Regulation Department of Defense Instruction 
7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, 
Annex 1, dated September 2005. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8093. 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, Army’’, 
‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and 
Maintenance, Air Force’’ may be transferred by the mili-
tary department concerned to its central fund established 
for Fisher Houses and Suites pursuant to section 2493(d) 
of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8094. Funds appropriated by this Act for oper-
ation and maintenance may be available for the purpose
251 
of making remittances to the Defense Acquisition Workforce 
Development Fund in accordance with the requirements of 
section 1705 of title 10, United States Code. 
SEC. 8095. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public website 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 agency 
that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises 
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. 
SEC. 8096. (a) None of the funds appropriated or oth-
erwise made available by this Act may be expended for any 
Federal contract for an amount in excess of $1,000,000, un-
less the contractor agrees not to— 
(1) enter into any agreement with any of its em-
ployees or independent contractors that requires, as a 
condition of employment, that the employee or inde-
pendent contractor agree to resolve through arbitra-
252 
tion 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 assault and battery, 
intentional infliction of emotional distress, false im-
prisonment, or negligent hiring, supervision, or reten-
tion; 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 arbitration 
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 assault and battery, 
intentional infliction of emotional distress, false im-
prisonment, or negligent hiring, supervision, or reten-
tion. 
(b) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal con-
tract unless the contractor certifies that it requires each cov-
ered 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 subsection (a), 
with respect to any employee or independent contractor per-
forming work related to such subcontract. For purposes of 
this subsection, a ‘‘covered subcontractor’’ is an entity that
253 
has a subcontract in excess of $1,000,000 on a contract sub-
ject 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 en-
forced 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 waiv-
er and for the contract or subcontract term selected, 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 Sec-
retary of Defense shall transmit to Congress, and simulta-
neously make public, any determination under this sub-
section not less than 15 business days before the contract 
or subcontract addressed in the determination may be 
awarded.
254 
SEC. 8097. 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. 8098. From within the funds appropriated for 
operation and maintenance for the Defense Health Program 
in this Act, up to $139,204,000, shall be available for trans-
fer to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund in ac-
cordance 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 operations of the integrated 
Captain James A. Lovell Federal Health Care Center, con-
sisting of the North Chicago Veterans Affairs Medical Cen-
ter, the Navy Ambulatory Care Center, and supporting fa-
cilities designated as a combined Federal medical facility 
as described by section 706 of Public Law 110–417: Pro-
vided further, That additional funds may be transferred 
from funds appropriated for operation and maintenance for 
the Defense Health Program to the Joint Department of De-
fense-Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Sec-
255 
retary of Defense to the Committees on Appropriations of 
the House of Representatives and the Senate. 
SEC. 8099. (a) In this section the term ‘‘conference’’ 
has the meaning given that term under section 300-3.1 of 
title 41, Code of Federal Regulations, or any successor there-
to. 
(b) A grant or contract funded by amounts made 
available under this Act may not be used for the purpose 
of defraying the cost of a conference that is not directly and 
programmatically related to the purpose of the program 
under which the grant or contract was awarded. 
(c)(1) Except as provided in paragraph (3), the De-
partment of Defense may not sponsor or host a conference 
for which the cost to the Department is expected to be more 
than $100,000 using amounts made available under this 
Act, unless the Deputy Secretary of Defense approves spon-
soring or hosting the conference. 
(2)(A) Except as provided in subparagraph (B) or 
paragraph (3), the Department of Defense may not sponsor 
or host a conference for which the cost to the Department 
is expected to be more than $500,000 using amounts made 
available under this Act. 
(B) The Deputy Secretary of Defense may waive 
the prohibition under subparagraph (A) if the Deputy 
Secretary determines that it is in the interest of na-
257 
(F) any waiver made under subsection 
(c)(2)(B); and 
(2) shall not include any confidential or simi-
larly sensitive information. 
SEC. 8100. 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. 8101. 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 personnel 
or for force protection purposes up to a limit of $250,000 
per vehicle, notwithstanding price or other limitations ap-
plicable to the purchase of passenger carrying vehicles. 
SEC. 8102. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Defense-Wide’’, $106,482,000 shall 
be available to the Secretary of Defense, notwithstanding 
any other provision of law, acting through the Office of Eco-
nomic Adjustment of the Department of Defense, to make 
grants, conclude cooperative agreements, and supplement 
other Federal funds, to remain available until expended, to
258 
assist the civilian population of Guam in response to the 
military buildup of Guam, for addressing the need for civil-
ian water and wastewater improvements: Provided, That 
the Secretary of Defense shall, not fewer than 15 days prior 
to obligating funds for this purpose, notify the congressional 
defense committees in writing of the details of any such obli-
gation. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8103. There is hereby established in the Treasury 
of the United States the ‘‘Ship Modernization, Operations 
and 
Sustainment 
Fund’’. 
There 
is 
appropriated 
$2,382,100,000, for the ‘‘Ship Modernization, Operations 
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, Oper-
ations and Sustainment Fund’’ to appropriations for mili-
tary personnel; operation and maintenance; research, devel-
opment, test and evaluation; and procurement, only for the 
purposes of manning, operating, sustaining, equipping and 
modernizing the Ticonderoga-class guided missile 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 appropriation to which they
259 
are transferred: Provided further, That the transfer author-
ity provided herein shall be in addition to any other trans-
fer authority available to the Department of Defense: Pro-
vided 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 de-
tails of such transfer. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8104. Of the amounts made available in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, there is appropriated $51,000,000, to be available 
until expended: Provided, That such funds shall only be 
available to the Secretary of Defense, acting through the Of-
fice of Economic Adjustment of the Department of Defense, 
or for transfer to the Secretary of Education, notwith-
standing any other provision of law, to make grants, con-
clude cooperative agreements, or supplement other Federal 
funds to construct, renovate, repair, or expand elementary 
and secondary public schools on military installations in 
order to address capacity or facility condition deficiencies 
at such schools: Provided further, That in making such 
funds available, the Office of Economic Adjustment or the 
Secretary of Education shall give priority consideration to 
those military installations with schools having the most
260 
serious capacity or facility condition deficiencies as deter-
mined by the Secretary of Defense: Provided further, That 
funds may not be made available for a school unless its 
enrollment of Department of Defense-connected children is 
greater than 50 percent. 
SEC. 8105. 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. 
SEC. 8106. (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 cer-
tification described in subsection (b) not later than 30 days 
before the transfer of the individual.
261 
(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 indi-
vidual that is issued by a court or competent tribunal 
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 consulta-
tion with the Director of National Intelligence, that— 
(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 ter-
rorism or a designated foreign terrorist organi-
zation; 
(B) maintains control over each detention 
facility in which the individual is to be detained
262 
if the individual is to be housed in a detention 
facility; 
(C) is not, as of the date of the certification, 
facing a threat that is likely to substantially af-
fect its ability to exercise control over the indi-
vidual; 
(D) has taken or agreed to take effective ac-
tions 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 actions 
as the Secretary of Defense determines are nec-
essary to ensure that the individual cannot en-
gage or re-engage in any terrorist activity; and 
(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 enti-
ty in relation to the Secretary’s certifications.
263 
(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 transferred 
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— 
(A) an order affecting the disposition of the indi-
vidual that is issued by a court or competent tribunal 
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 requirement 
specified in subparagraph (D) or (E) of subsection (b)(1)
264 
or the prohibition in subsection (c), if the Secretary certifies 
the rest of the criteria required by subsection (b) for trans-
fers prohibited by (c) and, with the concurrence of the Sec-
retary of State and in consultation with the Director of Na-
tional Intelligence, determines that— 
(A) alternative actions will be taken to address 
the underlying purpose of the requirement or require-
ments to be waived; 
(B) in the case of a waiver of subparagraph (D) 
or (E) of subsection (b)(1), it is not possible to certify 
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-
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 ac-
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.
265 
(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 
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—
266 
(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— 
(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 Immigration 
and Nationality Act (8 U.S.C. 1189).
267 
SEC. 8107. (a) None of the funds appropriated or oth-
erwise 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 effective 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. 
(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. 8108. 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 any unpaid Federal tax liability that has
268 
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 inter-
ests of the Government. 
SEC. 8109. 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 further 
action is not necessary to protect the interests of the Govern-
ment. 
SEC. 8110. The Secretary of the Air Force shall obli-
gate and expend funds previously appropriated for the pro-
curement of RQ–4B Global Hawk and C–27J Spartan air-
craft for the purposes for which such funds were originally 
appropriated.
270 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $1,623,356,000: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency 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 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, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $156,893,000: 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. 
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-
271 
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, Ma-
rine Corps’’, $24,722,000: Provided, That such amount is 
designated 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. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, Air 
Force’’$25,348,000: 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. 
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 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.
272 
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 Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Mainte-
nance, Army’’, $30,578,256,000: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Mainte-
nance, Navy’’, $6,968,812,000: 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. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Mainte-
nance, Marine Corps’’, $4,108,340,000: Provided, That such
273 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force’’, $9,291,493,000: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Mainte-
nance, Defense-Wide’’, $8,274,052,000: Provided, That of 
the funds provided under this heading, not to exceed 
$1,750,000,000, 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-oper-
ation 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 re-
imbursement payments may be made in such amounts as 
the Secretary of Defense, with the concurrence of the Sec-
274 
retary 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 conclusive 
upon the accounting officers of the United States, and 15 
days following notification to the appropriate congressional 
committees: Provided further, That the requirement under 
this heading to provide notification to the appropriate con-
gressional committees shall not apply with respect to a re-
imbursement for access based on an international agree-
ment: Provided further, That these funds may be used for 
the purpose of providing specialized training and procuring 
supplies and specialized equipment and providing such 
supplies and loaning such equipment on a non-reimburs-
able basis to coalition forces supporting United States mili-
tary operations in Afghanistan, and 15 days following noti-
fication to the appropriate congressional committees: Pro-
vided further, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees on 
the use of funds provided in this paragraph: Provided fur-
ther, That such amount in this section is designated by the 
Congress for Overseas Contingency Operations/Global War 
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
275 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Army Reserve’’, $154,537,000: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Navy Reserve’’, $55,924,000: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Marine Corps Reserve’’, $25,477,000: 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.
276 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force Reserve’’, $120,618,000: 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 Mainte-
nance, Army National Guard’’, $382,448,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism pur-
suant 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 Mainte-
nance, Air National Guard’’, $19,975,000: 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. 
AFGHANISTAN INFRASTRUCTURE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For 
the 
‘‘Afghanistan 
Infrastructure 
Fund’’, 
$350,000,000, to remain available until September 30,
277 
2014: Provided, That such sums shall be available to the 
Secretary of Defense for infrastructure projects in Afghani-
stan, notwithstanding any other provision of law, which 
shall be undertaken by the Secretary of State, unless the 
Secretary of State and the Secretary of Defense jointly de-
cide that a specific project will be undertaken by the De-
partment of Defense: Provided further, That the infrastruc-
ture referred to in the preceding proviso is in support of 
the counterinsurgency strategy, which may require funding 
for facility and infrastructure projects, including, but not 
limited to, water, power, and transportation projects and 
related maintenance and sustainment costs: Provided fur-
ther, That the authority to undertake such infrastructure 
projects is in addition to any other authority to provide 
assistance to foreign nations: Provided further, That any 
projects funded under this heading shall be jointly formu-
lated and concurred in by the Secretary of State and Sec-
retary of Defense: Provided further, That funds may be 
transferred to the Department of State for purposes of un-
dertaking projects, which funds shall be considered to be eco-
nomic assistance under the Foreign Assistance Act of 1961 
for purposes of making available the administrative au-
thorities contained in that Act: Provided further, That the 
transfer authority in the preceding proviso is in addition 
to any other authority available to the Department of De-
278 
fense to transfer funds: Provided further, That any unex-
pended funds transferred to the Secretary of State under 
this authority shall be returned to the Afghanistan Infra-
structure 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 counterinsurgency strategy in Af-
ghanistan: 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 manner as funds not transferred to the 
Secretary of State: Provided further, That contributions of 
funds for the purposes provided herein to the Secretary of 
State in accordance with section 635(d) of the Foreign As-
sistance Act from any person, foreign government, or inter-
national organization may be credited to this Fund, to re-
main available 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 obligations from the Fund, notify the appropriate com-
mittees of Congress in writing of the details of any such 
transfer: Provided further, That the ‘‘appropriate commit-
tees of Congress’’ are the Committees on Armed Services, 
Foreign Relations and Appropriations of the Senate and 
the Committees on Armed Services, Foreign Affairs and Ap-
279 
propriations of the House of Representatives: Provided fur-
ther, 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. 
AFGHANISTAN SECURITY FORCES FUND 
For the ‘‘Afghanistan Security Forces Fund’’, 
$5,149,167,000, to remain available until September 30, 
2013: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
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 concur-
rence of the Secretary of State, to the security forces of Af-
ghanistan, including the provision of equipment, supplies, 
services, training, facility and infrastructure repair, ren-
ovation, and construction, and funding: Provided further, 
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 contributions of 
funds for the purposes provided herein from any person, 
foreign government, or international organization may be 
credited to this Fund, to remain available until expended, 
and used for such purposes: Provided further, That the Sec-
retary of Defense shall notify the congressional defense com-
280 
mittees 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 contribu-
tions: Provided further, That the Secretary of Defense shall, 
not fewer than 15 days prior to obligating from this appro-
priation account, notify the congressional defense commit-
tees in writing of the details of any such obligation: Pro-
vided further, That the Secretary of Defense shall notify the 
congressional defense committees of any proposed new 
projects or transfer of funds between budget sub-activity 
groups in excess of $20,000,000: Provided further, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, 
Army’’, $1,140,294,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/Glob-
al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985.
281 
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. 
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 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. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $326,193,000, 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.
282 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $2,284,190,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/Glob-
al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $426,436,000, 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 Procurement, 
Navy’’, $23,500,000, 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.
283 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $284,356,000, 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. 
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’’, $865,977,000, 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.
284 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, 
Air Force’’, $395,327,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/Glob-
al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
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 designated 
by the Congress for Overseas Contingency Operations/Glob-
al 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 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.
285 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $2,684,470,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/Glob-
al War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, Defense- 
Wide’’, $362,749,000, 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. 
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, 
$1,000,000,000, to remain available for obligation until 
September 30, 2015: Provided, That the Chiefs of National 
Guard and Reserve components shall, not later than 30 
days after the enactment of this Act, individually submit 
to the congressional defense committees the modernization
286 
priority assessment for their respective National Guard or 
Reserve component: Provided further, That such amount is 
designated 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. 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $42,357,000, to remain 
available until September 30, 2014: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency 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 remain 
available until September 30, 2014: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985.
287 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR 
FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $53,150,000, 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, 
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 Over-
seas Contingency Operations/Global War on Terrorism pur-
suant 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 Cap-
ital Funds’’, $1,467,864,000: Provided, That such amount 
is designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section
288 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
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 remain 
available until September 30, 2014: Provided, That such 
amount is designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Joint Improvised Explosive Device Defeat 
Fund’’, $1,514,114,000, to remain available until Sep-
tember 30, 2015: Provided, That such funds shall be avail-
289 
able to the Secretary of Defense, notwithstanding any other 
provision of law, for the purpose of allowing the Director 
of the Joint Improvised Explosive Device Defeat Organiza-
tion to investigate, develop and provide equipment, sup-
plies, services, training, facilities, personnel and funds to 
assist United States forces in the defeat of improvised explo-
sive devices: Provided further, That the Secretary of Defense 
may transfer funds provided herein to appropriations for 
military personnel; operation and maintenance; procure-
ment; research, development, test and evaluation; and de-
fense working capital funds to accomplish the purpose pro-
vided 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 Sec-
retary of Defense shall, not fewer than 15 days prior to 
making transfers from this appropriation, notify the con-
gressional defense committees in writing of the details of 
any such transfer: Provided further, That such amount is 
designated 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. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the Inspec-
tor General’’, $10,766,000: Provided, That such amount is
290 
designated 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. 
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 in-
terest, the Secretary may, with the approval of the Office 
of Management and Budget, transfer up to $4,000,000,000 
between the appropriations or funds made available to the 
Department of Defense in this title: Provided, That the Sec-
retary shall notify the Congress promptly of each transfer 
made pursuant to the authority in this section: Provided 
further, That the authority provided 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 asso-
ciated with a construction project funded with appropria-
291 
tions available for operation and maintenance, ‘‘Afghani-
stan Infrastructure Fund’’, or the ‘‘Afghanistan Security 
Forces Fund’’ provided in this Act and executed in direct 
support of overseas contingency operations in Afghanistan, 
may be obligated at the time a construction contract is 
awarded: Provided, That for the purpose of this section, su-
pervision 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) passenger 
motor vehicles up to a limit of $75,000 per vehicle; and 
(b) heavy and light armored vehicles for the physical secu-
rity 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 passenger 
carrying vehicles. 
SEC. 9005. Not to exceed $200,000,000 of the amount 
appropriated in this title under the heading ‘‘Operation 
and Maintenance, Army’’ may be used, notwithstanding 
any other provision of law, to fund the Commander’s Emer-
gency Response Program (CERP), for the purpose of ena-
bling military commanders in Afghanistan to respond to 
urgent, small-scale, humanitarian relief and reconstruction
299 
‘‘Joint Improvised Explosive Device Defeat 
Fund, 2012/2014’’, $40,300,000. 
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2013’’.
Calendar No. 485 
112TH CONGRESS 
2D SESSION 
H. R. 5856 
[Report No. 112–196] 
AN ACT 
Making appropriations for the Department of De-
fense for the fiscal year ending September 30, 
2013, and for other purposes. 
JULY 23, 2012 
Received; read twice and referred to the Committee on 
Appropriations 
AUGUST 2, 2012 
Reported with an amendment