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SEC. 8066. None of the funds appropriated by this 
Act shall be used for the support of any nonappropriated 
funds activity of the Department of Defense that procures 
malt beverages and wine with nonappropriated funds for 
resale (including such alcoholic beverages sold by the 
drink) on a military installation located in the United 
States unless such malt beverages and wine are procured 
within that State, or in the case of the District of Colum-
bia, within the District of Columbia, in which the military 
installation is located: Provided, That in a case in which 
the military installation is located in more than one State, 
purchases may be made in any State in which the installa-
tion is located: Provided further, That such local procure-
ment requirements for malt beverages and wine shall 
apply to all alcoholic beverages only for military installa-
tions in States which are not contiguous with another 
State: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most 
competitive source, price and other factors considered. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8067. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$133,381,000 shall remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
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the Secretary of Defense is authorized to transfer such 
funds to other activities of the Federal Government: Pro-
vided further, That the Secretary of Defense is authorized 
to enter into and carry out contracts for the acquisition 
of real property, construction, personal services, and oper-
ations related to projects carrying out the purposes of this 
section: Provided further, That contracts entered into 
under the authority of this section may provide for such 
indemnification as the Secretary determines to be nec-
essary: Provided further, That projects authorized by this 
section shall comply with applicable Federal, State, and 
local law to the maximum extent consistent with the na-
tional security, as determined by the Secretary of Defense. 
SEC. 8068. Section 8106 of the Department of De-
fense Appropriations Act, 1997 (titles I through VIII of 
the matter under subsection 101(b) of Public Law 104– 
208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con-
tinue in effect to apply to disbursements that are made 
by the Department of Defense in fiscal year 2013. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. During the current fiscal year, not to ex-
ceed $200,000,000 from funds available under ‘‘Operation 
and Maintenance, Defense-Wide’’ may be transferred to 
the Department of State ‘‘Global Security Contingency 
Fund’’: Provided, That this transfer authority is in addi-
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tion to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary 
of Defense shall, not fewer than 30 days prior to making 
transfers to the Department of State ‘‘Global Security 
Contingency Fund’’, notify the congressional defense com-
mittees in writing with the source of funds and a detailed 
justification, execution plan, and timeline for each pro-
posed project. 
SEC. 8070. In addition to amounts provided else-
where in this Act, $4,000,000 is hereby appropriated to 
the Department of Defense, to remain available for obliga-
tion until expended: Provided, That notwithstanding any 
other provision of law, that upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, these funds shall be available only for a grant to the 
Fisher House Foundation, Inc., only for the construction 
and furnishing of additional Fisher Houses to meet the 
needs of military family members when confronted with 
the illness or hospitalization of an eligible military bene-
ficiary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8071. Of the amounts appropriated in this Act 
under the headings ‘‘Procurement, Defense-Wide’’ and 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’, $479,736,000 shall be for the Israeli Cooperative 
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Programs: Provided, That of this amount, $211,000,000 
shall be for the Secretary of Defense to provide to the Gov-
ernment of Israel for the procurement of the Iron Dome 
defense system to counter short-range rocket threats, 
$149,679,000 shall be for the Short Range Ballistic Mis-
sile Defense (SRBMD) program, including cruise missile 
defense research and development under the SRBMD pro-
gram, of which $39,200,000 shall be for production activi-
ties of SRBMD missiles in the United States and in Israel 
to meet Israel’s defense requirements consistent with each 
nation’s laws, regulations, and procedures, $74,692,000 
shall be available for an upper-tier component to the 
Israeli Missile Defense Architecture, and $44,365,000 
shall be for the Arrow System Improvement Program in-
cluding development of a long range, ground and airborne, 
detection suite: Provided further, That funds made avail-
able under this provision for production of missiles and 
missile components may be transferred to appropriations 
available for the procurement of weapons and equipment, 
to be merged with and to be available for the same time 
period and the same purposes as the appropriation to 
which transferred: Provided further, That the transfer au-
thority provided under this provision is in addition to any 
other transfer authority contained in this Act. 
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SEC. 8072. (a) None of the funds available to the 
Department of Defense may be obligated to modify com-
mand and control relationships to give Fleet Forces Com-
mand operational and administrative control of U.S. Navy 
forces assigned to the Pacific fleet. 
(b) None of the funds available to the Department 
of Defense may be obligated to modify command and con-
trol relationships to give United States Transportation 
Command operational and administrative control of C– 
130 and KC–135 forces assigned to the Pacific and Euro-
pean Air Force Commands. 
(c) The command and control relationships in sub-
sections (a) and (b) which existed on March 13, 2011, 
shall remain in force unless changes are specifically au-
thorized in a subsequent Act. 
(d) This subsection does not apply to administrative 
control of Navy Air and Missile Defense Command. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8073. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$372,573,000 shall be available until September 30, 2013, 
to fund prior year shipbuilding cost increases: Provided, 
That upon enactment of this Act, the Secretary of the 
Navy shall transfer funds to the following appropriations 
in the amounts specified: Provided further, That the 
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amounts transferred shall be merged with and be available 
for the same purposes as the appropriations to which 
transferred to: 
(1) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2007/2013’’: LHA Replacement Pro-
gram $156,685,000; 
(2) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2008/2013’’: LPD–17 Amphibious 
Transport Dock Program $80,888,000; and 
(3) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2009/2013’’: CVN Refueling Over-
hauls Program $135,000,000. 
SEC. 8074. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2013 until the enactment of the Intelligence Author-
ization Act for Fiscal Year 2013. 
SEC. 8075. None of the funds provided in this Act 
shall be available for obligation or expenditure through a 
reprogramming of funds that creates or initiates a new 
program, project, or activity unless such program, project, 
or activity must be undertaken immediately in the interest 
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of national security and only after written prior notifica-
tion to the congressional defense committees. 
SEC. 8076. The budget of the President for fiscal 
year 2014 submitted to the Congress pursuant to section 
1105 of title 31, United States Code, shall include sepa-
rate budget justification documents for costs of United 
States Armed Forces’ participation in contingency oper-
ations for the Military Personnel accounts, the Operation 
and Maintenance accounts, and the Procurement ac-
counts: Provided, That these documents shall include a de-
scription of the funding requested for each contingency op-
eration, for each military service, to include all Active and 
Reserve components, and for each appropriations account: 
Provided further, That these documents shall include esti-
mated costs for each element of expense or object class, 
a reconciliation of increases and decreases for each contin-
gency operation, and programmatic data including, but 
not limited to, troop strength for each Active and Reserve 
component, and estimates of the major weapons systems 
deployed in support of each contingency: Provided further, 
That these documents shall include budget exhibits OP– 
5 and OP–32 (as defined in the Department of Defense 
Financial Management Regulation) for all contingency op-
erations for the budget year and the two preceding fiscal 
years. 
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SEC. 8077. None of the funds in this Act may be 
used for research, development, test, evaluation, procure-
ment or deployment of nuclear armed interceptors of a 
missile defense system. 
SEC. 8078. In addition to the amounts appropriated 
or
otherwise
made
available
elsewhere
in
this
Act, 
$44,000,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, he shall make grants in the amounts specified as fol-
lows: $20,000,000 to the United Service Organizations 
and $24,000,000 to the Red Cross. 
SEC. 8079. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force 
shall allow the 53rd Weather Reconnaissance Squadron to 
perform other missions in support of national defense re-
quirements during the non-hurricane season. 
SEC. 8080. None of the funds provided in this Act 
shall be available for integration of foreign intelligence in-
formation unless the information has been lawfully col-
lected and processed during the conduct of authorized for-
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eign intelligence activities: Provided, That information 
pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as imple-
mented through Executive Order No. 12333. 
SEC. 8081. (a) At the time members of reserve com-
ponents of the Armed Forces are called or ordered to ac-
tive duty under section 12302(a) of title 10, United States 
Code, each member shall be notified in writing of the ex-
pected period during which the member will be mobilized. 
(b) The Secretary of Defense may waive the require-
ments of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a 
national security emergency or to meet dire operational 
requirements of the Armed Forces. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8082. The Secretary of Defense may transfer 
funds from any available Department of the Navy appro-
priation to any available Navy ship construction appro-
priation for the purpose of liquidating necessary changes 
resulting from inflation, market fluctuations, or rate ad-
justments for any ship construction program appropriated 
in law: Provided, That the Secretary may transfer not to 
exceed $100,000,000 under the authority provided by this 
section: Provided further, That the Secretary may not 
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transfer any funds until 30 days after the proposed trans-
fer has been reported to the Committees on Appropria-
tions of the House of Representatives and the Senate, un-
less a response from the Committees is received sooner: 
Provided further, That any funds transferred pursuant to 
this section shall retain the same period of availability as 
when originally appropriated: Provided further, That the 
transfer authority provided by this section is in addition 
to any other transfer authority contained elsewhere in this 
Act. 
SEC. 8083. For purposes of section 7108 of title 41, 
United States Code, any subdivision of appropriations 
made under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ that is not closed at the time reimbursement is 
made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any sub-
division under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ appropriations in the current fiscal year or any 
prior fiscal year. 
SEC. 8084. (a) None of the funds appropriated by 
this Act may be used to transfer research and develop-
ment, acquisition, or other program authority relating to 
current tactical unmanned aerial vehicles (TUAVs) from 
the Army. 
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(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Gray Eagle Unmanned Aer-
ial Vehicle (UAV) in order to support the Secretary of De-
fense in matters relating to the employment of unmanned 
aerial vehicles. 
SEC. 8085. Up to $15,000,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
Navy’’ may be made available for the Asia Pacific Re-
gional Initiative Program for the purpose of enabling the 
Pacific Command to execute Theater Security Cooperation 
activities such as humanitarian assistance, and payment 
of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds 
made available for this purpose may be used, notwith-
standing any other funding authorities for humanitarian 
assistance, security assistance or combined exercise ex-
penses: Provided further, That funds may not be obligated 
to provide assistance to any foreign country that is other-
wise prohibited from receiving such type of assistance 
under any other provision of law. 
SEC. 8086. None of the funds appropriated by this 
Act for programs of the Office of the Director of National 
Intelligence shall remain available for obligation beyond 
the current fiscal year, except for funds appropriated for 
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research and technology, which shall remain available until 
September 30, 2014. 
SEC. 8087. For purposes of section 1553(b) of title 
31, United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8088. The Director of National Intelligence 
shall include the budget exhibits identified in paragraphs 
(1) and (2) as described in the Department of Defense 
Financial Management Regulation with the congressional 
budget justification books: 
(1) For procurement programs requesting more 
than $10,000,000 in any fiscal year, the P–1, Pro-
curement Program; P–5, Cost Analysis; P–5a, Pro-
curement History and Planning; P–21, Production 
Schedule; and P–40, Budget Item Justification. 
(2) For research, development, test and evalua-
tion projects requesting more than $5,000,000 in 
any fiscal year, the R–1, Research, Development, 
Test and Evaluation Program; R–2, Research, De-
velopment, Test and Evaluation Budget Item Jus-
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tification; R–3, Research, Development, Test and 
Evaluation Project Cost Analysis; and R–4, Re-
search, Development, Test and Evaluation Program 
Schedule Profile. 
SEC. 8089. (a) Not later than 60 days after the date 
of enactment of this Act, the Director of National Intel-
ligence shall submit a report to the congressional intel-
ligence committees to establish the baseline for application 
of reprogramming and transfer authorities for fiscal year 
2013: Provided, That the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation by Expenditure Center and project; and 
(3) an identification of items of special congres-
sional interest. 
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence 
certifies in writing to the congressional intelligence com-
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mittees that such reprogramming or transfer is necessary 
as an emergency requirement. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8090. Of the funds appropriated in the Intel-
ligence Community Management Account for the Program 
Manager
for
the
Information
Sharing
Environment, 
$20,000,000 is available for transfer by the Director of 
National Intelligence to other departments and agencies 
for purposes of Government-wide information sharing ac-
tivities: Provided, That funds transferred under this provi-
sion are to be merged with and available for the same pur-
poses and time period as the appropriation to which trans-
ferred: Provided further, That the Office of Management 
and Budget must approve any transfers made under this 
provision. 
SEC. 8091. (a) None of the funds provided for the 
National Intelligence Program in this or any prior appro-
priations Act shall be available for obligation or expendi-
ture through a reprogramming or transfer of funds in ac-
cordance with section 102A(d) of the National Security 
Act of 1947 (50 U.S.C. 403–1(d)) that— 
(1) creates a new start effort; 
(2) terminates a program with appropriated 
funding of $10,000,000 or more; 
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(3) transfers funding into or out of the Na-
tional Intelligence Program; or 
(4) transfers funding between appropriations, 
unless the congressional intelligence committees are noti-
fied 30 days in advance of such reprogramming of funds; 
this notification period may be reduced for urgent national 
security requirements. 
(b) None of the funds provided for the National Intel-
ligence Program in this or any prior appropriations Act 
shall be available for obligation or expenditure through a 
reprogramming or transfer of funds in accordance with 
section 102A(d) of the National Security Act of 1947 (50 
U.S.C. 403–1(d)) that results in a cumulative increase or 
decrease of the levels specified in the classified annex ac-
companying the Act unless the congressional intelligence 
committees are notified 30 days in advance of such re-
programming of funds; this notification period may be re-
duced for urgent national security requirements. 
SEC. 8092. The Director of National Intelligence 
shall submit to Congress each year, at or about the time 
that the President’s budget is submitted to Congress that 
year under section 1105(a) of title 31, United States 
Code, a future-years intelligence program (including asso-
ciated annexes) reflecting the estimated expenditures and 
proposed appropriations included in that budget. Any such 
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future-years intelligence program shall cover the fiscal 
year with respect to which the budget is submitted and 
at least the four succeeding fiscal years. 
SEC. 8093. For the purposes of this Act, the term 
‘‘congressional intelligence committees’’ means the Perma-
nent Select Committee on Intelligence of the House of 
Representatives, the Select Committee on Intelligence of 
the Senate, the Subcommittee on Defense of the Com-
mittee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on 
Appropriations of the Senate. 
SEC. 8094. The Department of Defense shall con-
tinue to report incremental contingency operations costs 
for Operation New Dawn and Operation Enduring Free-
dom, or any other named operations in the U.S. Central 
Command area of operation on a monthly basis in the Cost 
of War Execution Report as prescribed in the Department 
of Defense Financial Management Regulation Department 
of Defense Instruction 7000.14, Volume 12, Chapter 23 
‘‘Contingency Operations’’, Annex 1, dated September 
2005. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8095. During the current fiscal year, not to ex-
ceed $11,000,000 from each of the appropriations made 
in title II of this Act for ‘‘Operation and Maintenance, 
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Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-
ation and Maintenance, Air Force’’ may be transferred by 
the military department concerned to its central fund es-
tablished for Fisher Houses and Suites pursuant to sec-
tion 2493(d) of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8096. Funds appropriated by this Act for oper-
ation and maintenance may be available for the purpose 
of making remittances to the Defense Acquisition Work-
force Development Fund in accordance with the require-
ments of section 1705 of title 10, United States Code. 
SEC. 8097. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public Web site of that agency any report 
required to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the agen-
cy that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report com-
promises national security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to 
the requesting Committee or Committees of Congress for 
no less than 45 days. 
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SEC. 8098. (a) None of the funds appropriated or 
otherwise made available by this Act may be expended for 
any
Federal
contract
for
an
amount
in
excess
of 
$1,000,000, unless the contractor agrees not to— 
(1) enter into any agreement with any of its 
employees or independent contractors that requires, 
as a condition of employment, that the employee or 
independent contractor agree to resolve through ar-
bitration any claim under title VII of the Civil 
Rights Act of 1964 or any tort related to or arising 
out of sexual assault or harassment, including as-
sault and battery, intentional infliction of emotional 
distress, false imprisonment, or negligent hiring, su-
pervision, or retention; or 
(2) take any action to enforce any provision of 
an existing agreement with an employee or inde-
pendent contractor that mandates that the employee 
or independent contractor resolve through arbitra-
tion any claim under title VII of the Civil Rights Act 
of 1964 or any tort related to or arising out of sex-
ual assault or harassment, including assault and 
battery, intentional infliction of emotional distress, 
false imprisonment, or negligent hiring, supervision, 
or retention. 
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(b) None of the funds appropriated or otherwise 
made available by this Act may be expended for any Fed-
eral contract unless the contractor certifies that it requires 
each covered subcontractor to agree not to enter into, and 
not to take any action to enforce any provision of, any 
agreement as described in paragraphs (1) and (2) of sub-
section (a), with respect to any employee or independent 
contractor performing work related to such subcontract. 
For purposes of this subsection, a ‘‘covered subcon-
tractor’’ is an entity that has a subcontract in excess of 
$1,000,000 on a contract subject to subsection (a). 
(c) The prohibitions in this section do not apply with 
respect to a contractor’s or subcontractor’s agreements 
with employees or independent contractors that may not 
be enforced in a court of the United States. 
(d) The Secretary of Defense may waive the applica-
tion of subsection (a) or (b) to a particular contractor or 
subcontractor for the purposes of a particular contract or 
subcontract if the Secretary or the Deputy Secretary per-
sonally determines that the waiver is necessary to avoid 
harm to national security interests of the United States, 
and that the term of the contract or subcontract is not 
longer than necessary to avoid such harm. The determina-
tion shall set forth with specificity the grounds for the 
waiver and for the contract or subcontract term selected, 
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and shall state any alternatives considered in lieu of a 
waiver and the reasons each such alternative would not 
avoid harm to national security interests of the United 
States. The Secretary of Defense shall transmit to Con-
gress, and simultaneously make public, any determination 
under this subsection not less than 15 business days be-
fore the contract or subcontract addressed in the deter-
mination may be awarded. 
SEC. 8099. None of the funds made available under 
this Act may be distributed to the Association of Commu-
nity Organizations for Reform Now (ACORN) or its sub-
sidiaries. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8100. From within the funds appropriated for 
operation and maintenance for the Defense Health Pro-
gram in this Act, up to $139,204,000, shall be available 
for transfer to the Joint Department of Defense-Depart-
ment of Veterans Affairs Medical Facility Demonstration 
Fund in accordance with the provisions of section 1704 
of the National Defense Authorization Act for Fiscal Year 
2010, Public Law 111–84: Provided, That for purposes 
of section 1704(b), the facility operations funded are oper-
ations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Vet-
erans Affairs Medical Center, the Navy Ambulatory Care 
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Center, and supporting facilities designated as a combined 
Federal medical facility as described by section 706 of 
Public Law 110–417: Provided further, That additional 
funds may be transferred from funds appropriated for op-
eration and maintenance for the Defense Health Program 
to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund upon 
written notification by the Secretary of Defense to the 
Committees on Appropriations of the House of Represent-
atives and the Senate. 
SEC. 8101. The Office of the Director of National 
Intelligence shall not employ more Senior Executive em-
ployees than are specified in the classified annex. 
SEC. 8102. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to pay a retired general or flag officer to serve 
as a senior mentor advising the Department of Defense 
unless such retired officer files a Standard Form 278 (or 
successor form concerning public financial disclosure 
under part 2634 of title 5, Code of Federal Regulations) 
to the Office of Government Ethics. 
SEC. 8103. Appropriations available to the Depart-
ment of Defense may be used for the purchase of heavy 
and light armored vehicles for the physical security of per-
sonnel or for force protection purposes up to a limit of 
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$250,000 per vehicle, notwithstanding price or other limi-
tations applicable to the purchase of passenger carrying 
vehicles. 
SEC. 8104. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Defense-Wide’’, the following 
amounts shall be available to the Secretary of Defense, 
for the following authorized purposes, notwithstanding 
any other provision of law, acting through the Office of 
Economic Adjustment of the Department of Defense, to 
make grants, conclude cooperative agreements, and sup-
plement other Federal funds, to remain available until ex-
pended, to assist the civilian population of Guam in re-
sponse to the military buildup of Guam: (1) $13,000,000 
for addressing the need for construction of a regional pub-
lic health laboratory; and (2) $106,400,000 for addressing 
the need for civilian water and wastewater improvements: 
Provided, That the Secretary of Defense shall, not fewer 
than 15 days prior to obligating funds for either of the 
foregoing purposes, notify the congressional defense com-
mittees in writing of the details of any such obligation. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8105. There is hereby established in the Treas-
ury of the United States the ‘‘Ship Modernization, Oper-
ations and Sustainment Fund’’. There is appropriated 
$2,382,100,000, for the ‘‘Ship Modernization, Operations 
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and Sustainment Fund’’, to remain available until Sep-
tember 30, 2014: Provided, That the Secretary of the 
Navy shall transfer funds from the ‘‘Ship Modernization, 
Operations and Sustainment Fund’’ to appropriations for 
military personnel; operation and maintenance; research, 
development, test and evaluation; and procurement, only 
for the purposes of manning, operating, sustaining, equip-
ping and modernizing the Ticonderoga-class guided mis-
sile cruisers CG–63, CG–64, CG–65, CG–66, CG–68, CG– 
69, CG–73, and the Whidbey Island-class dock landing 
ships LSD–41 and LSD–46: Provided further, That funds 
transferred shall be merged with and be available for the 
same purposes and for the same time period as the appro-
priation to which they are transferred: Provided further, 
That the transfer authority provided herein shall be in ad-
dition to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary 
of the Navy shall, not less than 30 days prior to making 
any transfer from the ‘‘Ship Modernization, Operations 
and Sustainment Fund’’, notify the congressional defense 
committees in writing of the details of such transfer. 
SEC. 8106. None of the funds made available by this 
Act may be used by the Secretary of Defense to take bene-
ficial occupancy of more than 2,500 parking spaces (other 
than handicap-reserved spaces) to be provided by the 
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BRAC 133 project: Provided, That this limitation may be 
waived in part if: (1) the Secretary of Defense certifies 
to Congress that levels of service at existing intersections 
in the vicinity of the project have not experienced failing 
levels of service as defined by the Transportation Research 
Board Highway Capacity Manual over a consecutive 90- 
day period; (2) the Department of Defense and the Vir-
ginia Department of Transportation agree on the number 
of additional parking spaces that may be made available 
to employees of the facility subject to continued 90-day 
traffic monitoring; and (3) the Secretary of Defense noti-
fies the congressional defense committees in writing at 
least 14 days prior to exercising this waiver of the number 
of additional parking spaces to be made available. 
SEC. 8107. Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall resume quarterly reporting of the numbers of civilian 
personnel end strength by appropriation account for each 
and every appropriation account used to finance Federal 
civilian personnel salaries to the congressional defense 
committees within 15 days after the end of each fiscal 
quarter. 
SEC. 8108. None of the funds appropriated in this 
or any other Act may be used to plan, prepare for, or oth-
erwise take any action to undertake or implement the sep-
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aration of the National Intelligence Program budget from 
the Department of Defense budget. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8109. Upon a determination by the Director of 
National Intelligence that such action is necessary and in 
the national interest, the Director may, with the approval 
of the Office of Management and Budget, transfer not to 
exceed $2,000,000,000 of the funds made available in this 
Act for the National Intelligence Program: Provided, That 
such authority to transfer may not be used unless for 
higher priority items, based on unforeseen intelligence re-
quirements, than those for which originally appropriated 
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further, 
That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made 
prior to June 30, 2013. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8110. In addition to amounts provided else-
where in the Act, there is appropriated $270,000,000 for 
an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, to be available until expended: Provided, 
That such funds shall only be available to the Secretary 
of Defense, acting through the Office of Economic Adjust-
ment of the Department of Defense, or for transfer to the 
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Secretary of Education, notwithstanding any other provi-
sion of law, to make grants, conclude cooperative agree-
ments, or supplement other Federal funds to construct, 
renovate, repair, or expand elementary and secondary pub-
lic schools on military installations in order to address ca-
pacity or facility condition deficiencies at such schools: 
Provided further, That in making such funds available, the 
Office of Economic Adjustment or the Secretary of Edu-
cation shall give priority consideration to those military 
installations with schools having the most serious capacity 
or facility condition deficiencies as determined by the Sec-
retary of Defense: Provided further, That funds may not 
be made available for a school unless its enrollment of De-
partment of Defense-connected children is greater than 50 
percent. 
SEC. 8111. None of the funds appropriated or other-
wise made available in this or any other Act may be used 
to transfer, release, or assist in the transfer or release to 
or within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
(2) is or was held on or after June 24, 2009, 
at the United States Naval Station, Guanta´namo 
Bay, Cuba, by the Department of Defense. 
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SEC. 8112. (a)(1) Except as provided in paragraph 
(2) and subsection (d), none of the funds appropriated or 
otherwise made available in this or any other Act may be 
used to transfer any individual detained at Guanta´namo 
to the custody or control of the individual’s country of ori-
gin, any other foreign country, or any other foreign entity 
unless the Secretary of Defense submits to Congress the 
certification described in subsection (b) not later than 30 
days before the transfer of the individual. 
(2) Paragraph (1) shall not apply to any action taken 
by the Secretary to transfer any individual detained at 
Guanta´namo to effectuate— 
(A) an order affecting the disposition of the in-
dividual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction 
(which
the
Secretary
shall
notify
Congress
of 
promptly after issuance); or 
(B) a pre-trial agreement entered in a military 
commission case prior to the date of the enactment 
of this Act. 
(b) A certification described in this subsection is a 
written certification made by the Secretary of Defense, 
with the concurrence of the Secretary of State and in con-
sultation with the Director of National Intelligence, that— 
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(1) the government of the foreign country or 
the recognized leadership of the foreign entity to 
which the individual detained at Guanta´namo is to 
be transferred— 
(A) is not a designated state sponsor of 
terrorism or a designated foreign terrorist orga-
nization; 
(B) maintains control over each detention 
facility in which the individual is to be detained 
if the individual is to be housed in a detention 
facility; 
(C) is not, as of the date of the certifi-
cation, facing a threat that is likely to substan-
tially affect its ability to exercise control over 
the individual; 
(D) has taken or agreed to take effective 
actions to ensure that the individual cannot 
take action to threaten the United States, its 
citizens, or its allies in the future; 
(E) has taken or agreed to take such ac-
tions as the Secretary of Defense determines 
are necessary to ensure that the individual can-
not engage or re-engage in any terrorist activ-
ity; and 
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(F) has agreed to share with the United 
States any information that— 
(i) is related to the individual or any 
associates of the individual; and 
(ii) could affect the security of the 
United States, its citizens, or its allies; and 
(2) includes an assessment, in classified or un-
classified form, of the capacity, willingness, and past 
practices (if applicable) of the foreign country or en-
tity in relation to the Secretary’s certifications. 
(c)(1) Except as provided in paragraph (2) and sub-
section (d), none of the funds appropriated or otherwise 
made available in this or any other Act may be used to 
transfer any individual detained at Guanta´namo to the 
custody or control of the individual’s country of origin, any 
other foreign country, or any other foreign entity if there 
is a confirmed case of any individual who was detained 
at United States Naval Station, Guanta´namo Bay, Cuba, 
at any time after September 11, 2001, who was trans-
ferred to such foreign country or entity and subsequently 
engaged in any terrorist activity. 
(2) Paragraph (1) shall not apply to any action taken 
by the Secretary to transfer any individual detained at 
Guanta´namo to effectuate— 
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(A) an order affecting the disposition of the in-
dividual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction 
(which
the
Secretary
shall
notify
Congress
of 
promptly after issuance); or 
(B) a pre-trial agreement entered in a military 
commission case prior to the date of the enactment 
of this Act. 
(d)(1) The Secretary of Defense may waive the appli-
cability to a detainee transfer of a certification require-
ment specified in subparagraph (D) or (E) of subsection 
(b)(1) or the prohibition in subsection (c), if the Secretary 
certifies the rest of the criteria required by subsection (b) 
for transfers prohibited by (c) and, with the concurrence 
of the Secretary of State and in consultation with the Di-
rector of National Intelligence, determines that— 
(A) alternative actions will be taken to address 
the underlying purpose of the requirement or re-
quirements to be waived; 
(B) in the case of a waiver of subparagraph (D) 
or (E) of subsection (b)(1), it is not possible to cer-
tify that the risks addressed in the paragraph to be 
waived have been completely eliminated, but the ac-
tions to be taken under subparagraph (A) will sub-
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stantially mitigate such risks with regard to the indi-
vidual to be transferred; 
(C) in the case of a waiver of subsection (c), the 
Secretary has considered any confirmed case in 
which an individual who was transferred to the 
country subsequently engaged in terrorist activity, 
and the actions to be taken under subparagraph (A) 
will substantially mitigate the risk of recidivism with 
regard to the individual to be transferred; and 
(D) the transfer is in the national security in-
terests of the United States. 
(2) Whenever the Secretary makes a determination 
under paragraph (1), the Secretary shall submit to the ap-
propriate committees of Congress, not later than 30 days 
before the transfer of the individual concerned, the fol-
lowing: 
(A) A copy of the determination and the waiver 
concerned. 
(B) A statement of the basis for the determina-
tion, including— 
(i) an explanation why the transfer is in 
the national security interests of the United 
States; and 
(ii) in the case of a waiver of subparagraph 
(D) or (E) of subsection (b)(1), an explanation 
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why it is not possible to certify that the risks 
addressed in the subparagraph to be waived 
have been completely eliminated. 
(C) A summary of the alternative actions to be 
taken to address the underlying purpose of, and to 
mitigate the risks addressed in, the subparagraph or 
subsection to be waived. 
(D) The assessment required by subsection 
(b)(2). 
(e) In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Appropriations, and the Select 
Committee on Intelligence of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Appropriations, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives. 
(2)
The
term
‘‘individual
detained
at 
Guanta´namo’’
means
any
individual
located
at 
United States Naval Station, Guanta´namo Bay, 
Cuba, as of October 1, 2009, who— 
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(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is— 
(i) in the custody or under the control 
of the Department of Defense; or 
(ii)
otherwise
under
detention
at 
United States Naval Station, Guanta´namo 
Bay, Cuba. 
(3) The term ‘‘foreign terrorist organization’’ 
means any organization so designated by the Sec-
retary of State under section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189). 
SEC. 8113. (a) None of the funds appropriated or 
otherwise made available in this or any other Act may be 
used to construct, acquire, or modify any facility in the 
United States, its territories, or possessions to house any 
individual described in subsection (c) for the purposes of 
detention or imprisonment in the custody or under the ef-
fective control of the Department of Defense. 
(b) The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval 
Station, Guanta´namo Bay, Cuba. 
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(c) An individual described in this subsection is any 
individual who, as of June 24, 2009, is located at United 
States Naval Station, Guanta´namo Bay, Cuba, and who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guanta´namo Bay, Cuba. 
SEC. 8114. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration that has any unpaid Federal tax liability that has 
been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that 
is not being paid in a timely manner pursuant to an agree-
ment with the authority responsible for collecting the tax 
liability, where the awarding agency is aware of the unpaid 
tax liability, unless the agency has considered suspension 
or debarment of the corporation and made a determination 
that this further action is not necessary to protect the in-
terests of the Government. 
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SEC. 8115. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration that was convicted of a felony criminal violation 
under any Federal law within the preceding 24 months, 
where the awarding agency is aware of the conviction, un-
less the agency has considered suspension or debarment 
of the corporation and made a determination that this fur-
ther action is not necessary to protect the interests of the 
Government. 
SEC. 8116. None of the funds made available by this 
Act may be used in contravention of section 1590 or 1591 
of title 18, United States Code, or in contravention of the 
requirements of section 106(g) or (h) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 
(h)). 
SEC. 8117. None of the funds made available by this 
Act for International Military education and training, for-
eign military financing, excess defense article, assistance 
under section 1206 of the National Defense Authorization 
Act for Fiscal year 2006 (Public Law 109–163; 119 Stat. 
3456) issuance for direct commercial sales of military 
equipment, or peacekeeping operations for the countries 
of Chad, Yemen, Somalia, Sudan, the Democratic Repub-
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lic of the Congo, and Burma may be used to support any 
military training or operation that include child soldiers, 
as defined by the Child Soldiers Prevention Act of 2008, 
and except if such assistance is otherwise permitted under 
section 404 of the Child Soldiers Prevention Act of 2008 
(Public Law 110–457; 22 U.S.C. 2370c–1). 
SEC. 8118. None of the funds made available by this 
Act may be used in contravention of the War Powers Res-
olution (50 U.S.C. 1541 et seq.). 
SEC. 8119. None of the funds made available by this 
Act may be used to retire, divest, realign, or transfer Air 
Force aircraft, to disestablish or convert units associated 
with such aircraft, or to disestablish or convert any other 
unit of the Air National Guard or Air Force Reserve: Pro-
vided, That this section shall not apply to actions affecting 
C–5, C–17, or E–8 aircraft, or the units associated with 
such aircraft: Provided further, That this section shall con-
tinue in effect through the date of enactment of an Act 
authorizing appropriations for fiscal year 2013 for mili-
tary activities of the Department of Defense. 
SEC. 8120. The Secretary of the Air Force shall obli-
gate and expend funds previously appropriated for the 
procurement of RQ–4B Global Hawk and C–27J Spartan 
aircraft for the purposes for which such funds were origi-
nally appropriated. 
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SEC. 8121. It is the Sense of the Senate that the 
next available capital warship of the U.S. Navy be named 
the USS Ted Stevens to recognize the public service 
achievements, military service sacrifice, and undaunted 
heroism and courage of the long-serving United States 
Senator for Alaska. 
SEC. 8122. None of the funds made available by this 
Act shall be used to retire C–23 Sherpa aircraft. 
SEC. 8123. The total amount available in the Act for 
pay for civilian personnel of the Department of Defense 
for fiscal year 2013 shall be the amount otherwise appro-
priated or made available by this Act for such pay reduced 
by $72,718,000. 
SEC. 8124. None of the funds made available by this 
Act may be used to enter into a contract for UH–60 Leak 
Proof Drip Pans using procedures other than competitive 
procedures (as defined in section 2302(2) of title 10, 
United States Code). 
SEC. 8125. None of the funds appropriated or other-
wise made available by this Act or any other Act may be 
used by the Department of Defense or a component there-
of in contravention of section 1244 of the National De-
fense Authorization Act for Fiscal Year 2012 (Public Law 
112–81; 125 Stat. 1646; 22 U.S.C. 5952 note) or any pro-
vision of an Act authorizing appropriations for the De-
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partment of Defense for fiscal year 2013 relating to shar-
ing classified ballistic missile defense information with 
Russia. 
SEC. 8126. None of the Operation and Maintenance 
funds made available in this Act may be used in con-
travention of section 41106 of title 49, United States 
Code. 
SEC. 8127. None of the funds made available by this 
Act may be used by the Department of Defense or any 
other Federal agency to lease or purchase new light duty 
vehicles, for any executive fleet, or for an agency’s fleet 
inventory, except in accordance with Presidential Memo-
randum-Federal Fleet Performance, dated May 24, 2011. 
SEC. 8128. None of the funds made available by this 
Act may be used to enter into a contract with any person 
or other entity listed in the Excluded Parties List System 
(EPLS)/System for Award Management (SAM) as having 
been convicted of fraud against the Federal Government. 
SEC. 8129. None of the funds made available by this 
Act for the Department of Defense may be used to enter 
into a contract, memorandum of understanding, or cooper-
ative agreement with, make a grant to, or provide a loan 
or loan guarantee to Rosoboronexport: Provided, That the 
Secretary of Defense may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
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ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, 
Marine Corps’’, $24,722,000: Provided, That such amount 
is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, 
Air Force’’, $25,348,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel,
Army’’,
$583,804,000:
Provided,
That
such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
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such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $9,249,736,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $7,714,079,000: Provided, That 
of the funds provided under this heading, not to exceed 
$1,650,000,000, to remain available until September 30, 
2014, shall be for payments to reimburse key cooperating 
nations for logistical, military, and other support, includ-
ing access, provided to United States military operations 
in support of Operation Enduring Freedom, and post-op-
eration Iraq border security related to the activities of the 
Office of Security Cooperation in Iraq, notwithstanding 
any other provision of law: Provided further, That such 
reimbursement payments may be made in such amounts 
as the Secretary of Defense, with the concurrence of the 
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Secretary of State, and in consultation with the Director 
of the Office of Management and Budget, may determine, 
in his discretion, based on documentation determined by 
the Secretary of Defense to adequately account for the 
support provided, and such determination is final and con-
clusive upon the accounting officers of the United States, 
and 15 days following notification to the appropriate con-
gressional committees: Provided further, That the require-
ment under this heading to provide notification to the ap-
propriate congressional committees shall not apply with 
respect to a reimbursement for access based on an inter-
national agreement: Provided further, That these funds 
may be used for the purpose of providing specialized train-
ing and procuring supplies and specialized equipment and 
providing such supplies and loaning such equipment on a 
non-reimbursable basis to coalition forces supporting 
United States military operations in Afghanistan, and 15 
days following notification to the appropriate congres-
sional committees: Provided further, That the Secretary of 
Defense shall provide quarterly reports to the congres-
sional defense committees on the use of funds provided 
in this paragraph: Provided further, That such amount in 
this section is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
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ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Army Reserve’’, $157,887,000: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Navy Reserve’’, $55,924,000: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps Reserve’’, $25,477,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
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OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force Reserve’’, $60,618,000: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Army National Guard’’, $392,448,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Air National Guard’’, $34,500,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
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OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
In addition to amounts provided elsewhere in this 
Act, there is appropriated $582,884,000 for the ‘‘Overseas 
Contingency Operations Transfer Fund’’ for expenses di-
rectly relating to overseas contingency operations by 
United States military forces, to be available until ex-
pended: Provided, That of the funds made available in this 
section, the Secretary of Defense may transfer these funds 
only to military personnel accounts, operation and mainte-
nance accounts, procurement accounts, and working cap-
ital fund accounts: Provided further, That the funds made 
available in this paragraph may only be used for pro-
grams, projects, or activities categorized as Overseas Con-
tingency Operations in the fiscal year 2013 budget request 
for the Department of Defense and the justification mate-
rial and other documentation supporting such request: 
Provided further, That the funds transferred shall be 
merged with and shall be available for the same purposes 
and for the same time period, as the appropriation to 
which transferred: Provided further, That the Secretary 
shall notify the congressional defense committees 15 days 
prior to such transfer: Provided further, That the transfer 
authority provided under this heading is in addition to any 
other transfer authority available to the Department of 
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Defense: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation 
are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation 
and shall be available for the same purposes and for the 
same time period as originally appropriated: Provided fur-
ther, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
AFGHANISTAN INFRASTRUCTURE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For
the
‘‘Afghanistan
Infrastructure
Fund’’, 
$325,000,000, to remain available until September 30, 
2014: Provided, That such funds shall be available to the 
Secretary of Defense for infrastructure projects in Af-
ghanistan, notwithstanding any other provision of law, 
which shall be undertaken by the Secretary of State, un-
less the Secretary of State and the Secretary of Defense 
jointly decide that a specific project will be undertaken 
by the Department of Defense: Provided further, That the 
infrastructure referred to in the preceding proviso is in 
support of the counterinsurgency strategy, which may re-
quire funding for facility and infrastructure projects, in-
cluding, but not limited to, water, power, and transpor-
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tation projects and related maintenance and sustainment 
costs: Provided further, That the authority to undertake 
such infrastructure projects is in addition to any other au-
thority to provide assistance to foreign nations: Provided 
further, That any projects funded under this heading shall 
be jointly formulated and concurred in by the Secretary 
of State and Secretary of Defense: Provided further, That 
funds may be transferred to the Department of State for 
purposes of undertaking projects, which funds shall be 
considered to be economic assistance under the Foreign 
Assistance Act of 1961 for purposes of making available 
the administrative authorities contained in that Act: Pro-
vided further, That the transfer authority in the preceding 
proviso is in addition to any other authority available to 
the Department of Defense to transfer funds: Provided 
further, That any unexpended funds transferred to the 
Secretary of State under this authority shall be returned 
to the Afghanistan Infrastructure Fund if the Secretary 
of State, in coordination with the Secretary of Defense, 
determines that the project cannot be implemented for any 
reason, or that the project no longer supports the counter-
insurgency strategy in Afghanistan: Provided further, 
That any funds returned to the Secretary of Defense 
under the previous proviso shall be available for use under 
this appropriation and shall be treated in the same man-
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ner as funds not transferred to the Secretary of State: 
Provided further, That contributions of funds for the pur-
poses provided herein to the Secretary of State in accord-
ance with section 635(d) of the Foreign Assistance Act 
from any person, foreign government, or international or-
ganization may be credited to this Fund, to remain avail-
able until expended, and used for such purposes: Provided 
further, That the Secretary of Defense shall, not fewer 
than 15 days prior to making transfers to or from, or obli-
gations from the Fund, notify the appropriate committees 
of Congress in writing of the details of any such transfer: 
Provided further, That the ‘‘appropriate committees of 
Congress’’ are the Committees on Armed Services, For-
eign Relations and Appropriations of the Senate and the 
Committees on Armed Services, Foreign Affairs and Ap-
propriations of the House of Representatives: Provided 
further, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
AFGHANISTAN SECURITY FORCES FUND 
For
the
‘‘Afghanistan
Security
Forces
Fund’’, 
$5,124,167,000, to remain available until September 30, 
2014: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
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of law, for the purpose of allowing the Commander, Com-
bined Security Transition Command—Afghanistan, or the 
Secretary’s designee, to provide assistance, with the con-
currence of the Secretary of State, to the security forces 
of Afghanistan, including the provision of equipment, sup-
plies, services, training, facility and infrastructure repair, 
renovation, and construction, and funding: Provided fur-
ther, That the authority to provide assistance under this 
heading is in addition to any other authority to provide 
assistance to foreign nations: Provided further, That con-
tributions of funds for the purposes provided herein from 
any person, foreign government, or international organiza-
tion may be credited to this Fund, to remain available 
until expended, and used for such purposes: Provided fur-
ther, That the Secretary of Defense shall notify the con-
gressional defense committees in writing upon the receipt 
and upon the obligation of any contribution, delineating 
the sources and amounts of the funds received and the 
specific use of such contributions: Provided further, That 
the Secretary of Defense shall, not fewer than 15 days 
prior to obligating from this appropriation account, notify 
the congressional defense committees in writing of the de-
tails of any such obligation: Provided further, That the 
Secretary of Defense shall notify the congressional defense 
committees of any proposed new projects or transfer of 
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funds between budget sub-activity groups in excess of 
$20,000,000: Provided further, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, 
Army’’, $550,700,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, 
Army’’, $67,951,000, to remain available until September 
30, 2015: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
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PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $15,422,000, 
to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $338,493,000, to remain available until 
September 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $1,740,157,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
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AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $215,698,000, to remain available until September 
30, 2015: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procure-
ment, Navy’’, $22,500,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $283,059,000, to re-
main available until September 30, 2015: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
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OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, 
Navy’’, $98,882,000, to remain available until September 
30, 2015: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $822,054,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, 
Air Force’’, $305,600,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
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MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, 
Air Force’’, $34,350,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $116,203,000, to remain available 
until September 30, 2015: Provided, That such amount 
is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $2,680,270,000, to remain available until 
September 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
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PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $188,099,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons and other procure-
ment for the reserve components of the Armed Forces, 
$1,500,000,000, to remain available for obligation until 
September 30, 2015: Provided, That the Chiefs of Na-
tional Guard and Reserve components shall, not later than 
30 days after the enactment of this Act, individually sub-
mit to the congressional defense committees the mod-
ernization priority assessment for their respective Na-
tional Guard or Reserve component: Provided further, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
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OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $993,898,000, which shall be for operation and 
maintenance: Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/ 
Global
War
on
Terrorism
pursuant
to
section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities, Defense’’, $469,025,000, to re-
main available until September 30, 2014: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Joint Improvised Explosive Device Defeat 
Fund’’, $1,622,614,000, to remain available until Sep-
tember 30, 2015: Provided, That such funds shall be avail-
able to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Di-
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rector of the Joint Improvised Explosive Device Defeat 
Organization to investigate, develop and provide equip-
ment, supplies, services, training, facilities, personnel and 
funds to assist United States forces in the defeat of impro-
vised explosive devices: Provided further, That the Sec-
retary of Defense may transfer funds provided herein to 
appropriations for military personnel; operation and main-
tenance; procurement; research, development, test and 
evaluation; and defense working capital funds to accom-
plish the purpose provided herein: Provided further, That 
this transfer authority is in addition to any other transfer 
authority available to the Department of Defense: Pro-
vided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to making transfers from this 
appropriation, notify the congressional defense committees 
in writing of the details of any such transfer: Provided 
further, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the In-
spector General’’, $10,766,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
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section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9001. Notwithstanding any other provision of 
law, funds made available in this title are in addition to 
amounts appropriated or otherwise made available for the 
Department of Defense for fiscal year 2013. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national 
interest, the Secretary may, with the approval of the Of-
fice
of
Management
and
Budget,
transfer
up
to 
$3,500,000,000 between the appropriations or funds made 
available to the Department of Defense in this title: Pro-
vided, That the Secretary shall notify the Congress 
promptly of each transfer made pursuant to the authority 
in this section: Provided further, That the authority pro-
vided in this section is in addition to any other transfer 
authority available to the Department of Defense and is 
subject to the same terms and conditions as the authority 
provided in the Department of Defense Appropriations 
Act, 2013. 
SEC. 9003. Supervision and administration costs as-
sociated with a construction project funded with appro-
priations available for operation and maintenance, ‘‘Af-
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ghanistan Infrastructure Fund’’, or the ‘‘Afghanistan Se-
curity Forces Fund’’ provided in this Act and executed 
in direct support of overseas contingency operations in Af-
ghanistan, may be obligated at the time a construction 
contract is awarded: Provided, That for the purpose of this 
section, supervision and administration costs include all 
in-house Government costs. 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase for use by military 
and civilian employees of the Department of Defense in 
the U.S. Central Command area of responsibility: (a) pas-
senger motor vehicles up to a limit of $75,000 per vehicle; 
and (b) heavy and light armored vehicles for the physical 
security of personnel or for force protection purposes up 
to a limit of $250,000 per vehicle, notwithstanding price 
or other limitations applicable to the purchase of pas-
senger carrying vehicles. 
SEC. 9005. Not to exceed $200,000,000 of the 
amount appropriated in this title under the heading ‘‘Op-
eration and Maintenance, Army’’ may be used, notwith-
standing any other provision of law, to fund the Com-
mander’s Emergency Response Program (CERP), for the 
purpose of enabling military commanders in Afghanistan 
to respond to urgent, small-scale, humanitarian relief and 
reconstruction requirements within their areas of responsi-
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bility: Provided, That each project (including any ancillary 
or related elements in connection with such project) exe-
cuted under this authority shall not exceed $20,000,000: 
Provided further, That not later than 45 days after the 
end of each fiscal year quarter, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port regarding the source of funds and the allocation and 
use of funds during that quarter that were made available 
pursuant to the authority provided in this section or under 
any other provision of law for the purposes described here-
in: Provided further, That, not later than 30 days after 
the end of each month, the Army shall submit to the con-
gressional defense committees monthly commitment, obli-
gation, and expenditure data for the Commander’s Emer-
gency Response Program in Afghanistan: Provided fur-
ther, That not less than 15 days before making funds 
available pursuant to the authority provided in this section 
or under any other provision of law for the purposes de-
scribed herein for a project with a total anticipated cost 
for completion of $5,000,000 or more, the Secretary shall 
submit to the congressional defense committees a written 
notice containing each of the following: 
(1) The location, nature and purpose of the 
proposed project, including how the project is in-
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tended to advance the military campaign plan for 
the country in which it is to be carried out. 
(2) The budget, implementation timeline with 
milestones, and completion date for the proposed 
project, including any other CERP funding that has 
been or is anticipated to be contributed to the com-
pletion of the project. 
(3) A plan for the sustainment of the proposed 
project, including the agreement with either the host 
nation, a non-Department of Defense agency of the 
United States Government or a third-party contrib-
utor to finance the sustainment of the activities and 
maintenance of any equipment or facilities to be pro-
vided through the proposed project. 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, not-
withstanding any other provision of law, to provide sup-
plies, services, transportation, including airlift and sealift, 
and other logistical support to coalition forces supporting 
military and stability operations in Afghanistan: Provided, 
That the Secretary of Defense shall provide quarterly re-
ports to the congressional defense committees regarding 
support provided under this section. 
SEC. 9007. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
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gated or expended by the United States Government for 
a purpose as follows: 
(1) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq. 
(3) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Af-
ghanistan. 
SEC. 9008. None of the funds made available in this 
Act may be used in contravention of the following laws 
enacted or regulations promulgated to implement the 
United Nations Convention Against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment 
(done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Fed-
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eral Regulations, and part 95 of title 22, Code of 
Federal Regulations. 
(3) Sections 1002 and 1003 of the Department 
of Defense, Emergency Supplemental Appropriations 
to Address Hurricanes in the Gulf of Mexico, and 
Pandemic Influenza Act, 2006 (Public Law 109– 
148). 
SEC. 9009. None of the funds provided for the ‘‘Af-
ghanistan Security Forces Fund’’ (ASFF) may be obli-
gated prior to the approval of a financial and activity plan 
by the Afghanistan Resources Oversight Council (AROC) 
of the Department of Defense: Provided, That the AROC 
must approve the requirement and acquisition plan for any 
service requirements in excess of $50,000,000 annually 
and any non-standard equipment requirements in excess 
of $100,000,000 using ASFF: Provided further, That the 
AROC must approve all projects and the execution plan 
under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and 
any project in excess of $5,000,000 from the Commanders 
Emergency Response Program (CERP): Provided further, 
That the Department of Defense must certify to the con-
gressional defense committees that the AROC has con-
vened and approved a process for ensuring compliance 
with the requirements in the preceding provisos and ac-
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companying report language for the ASFF, AIF, and 
CERP. 
SEC. 9010. Funds made available in this title to the 
Department of Defense for operation and maintenance 
may be used to purchase items having an investment unit 
cost of not more than $250,000: Provided, That, upon de-
termination by the Secretary of Defense that such action 
is necessary to meet the operational requirements of a 
Commander of a Combatant Command engaged in contin-
gency operations overseas, such funds may be used to pur-
chase items having an investment item unit cost of not 
more than $500,000. 
SEC. 9011. Notwithstanding any other provision of 
law, up to $93,000,000 of funds made available in this 
title under the heading ‘‘Operation and Maintenance, 
Army’’ may be obligated and expended for purposes of the 
Task Force for Business and Stability Operations, subject 
to the direction and control of the Secretary of Defense, 
with concurrence of the Secretary of State, to carry out 
strategic business and economic assistance activities in Af-
ghanistan in support of Operation Enduring Freedom: 
Provided, That not less than 15 days before making funds 
available pursuant to the authority provided in this section 
for any project with a total anticipated cost of $5,000,000 
or more, the Secretary shall submit to the congressional 
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defense committees a written notice containing a detailed 
justification and timeline for each proposed project. 
SEC. 9012. From funds made available to the De-
partment of Defense in this title under the heading ‘‘Oper-
ation and Maintenance, Air Force’’ up to $508,000,000 
may be used by the Secretary of Defense, notwithstanding 
any other provision of law, to support United States Gov-
ernment transition activities in Iraq by funding the oper-
ations and activities of the Office of Security Cooperation 
in Iraq and security assistance teams, including life sup-
port, transportation and personal security, and facilities 
renovation and construction: Provided, That to the extent 
authorized under the National Defense Authorization Act 
for Fiscal Year 2013, the operations and activities that 
may be carried out by the Office of Security Cooperation 
in Iraq may, with the concurrence of the Secretary of 
State, include non-operational training activities in sup-
port of Iraqi Ministry of Defense and Counter Terrorism 
Service personnel in an institutional environment to ad-
dress capability gaps, integrate processes relating to intel-
ligence, air sovereignty, combined arms, logistics and 
maintenance, and to manage and integrate defense-related 
institutions: Provided further, That not later than 30 days 
following the enactment of this Act, the Secretary of De-
fense and the Secretary of State shall submit to the con-
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gressional defense committees a plan for transitioning any 
such training activities that they determine are needed 
after the end of fiscal year 2013, to existing or new con-
tracts for the sale of defense articles or defense services 
consistent with the provisions of the Arms Export Control 
Act (22 U.S.C. 2751 et seq.): Provided further, That not 
less than 15 days before making funds available pursuant 
to the authority provided in this section, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a written notification containing a detailed justifica-
tion and timeline for the operations and activities of the 
Office of Security Cooperation in Iraq at each site where 
such operations and activities will be conducted during fis-
cal year 2013. 
(RESCISSIONS) 
SEC. 9013. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: Provided, That such 
amounts are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985: 
‘‘Retroactive Stop Loss Special Pay Program, 
2009/XXXX’’, $127,200,000; 
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‘‘Afghanistan
Security
Forces
Fund,
2012/ 
2013’’, $1,000,000,000; 
‘‘Other
Procurement,
Army,
2012/2014’’, 
$207,600,000; 
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps, 2012/2014’’, $32,176,000; 
‘‘Procurement,
Marine
Corps,
2012/2014’’, 
$2,776,000; 
‘‘Mine
Resistant
Ambush
Protected
Vehicle 
Fund, 2012/2013’’, $400,000,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2012/2013’’, $50,000,000; 
‘‘Joint
Improvised
Explosive
Device
Defeat 
Fund, 2012/2014’’, $40,300,000. 
SEC. 9014. (a) None of the funds appropriated or 
otherwise made available by this Act under the heading 
‘‘Operation and Maintenance, Defense-Wide’’ for pay-
ments under section 1233 of Public Law 110–181 for re-
imbursement to the Government of Pakistan may be made 
available unless the Secretary of Defense, in coordination 
with the Secretary of State, certifies to the Committees 
on Appropriations that the Government of Pakistan is— 
(1)
cooperating
with
the
United
States
in 
counterterrorism efforts against the Haqqani Net-
work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 
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Jaish-e-Mohammed, Al Qaeda, and other domestic 
and foreign terrorist organizations, including taking 
steps to end support for such groups and prevent 
them from basing and operating in Pakistan and 
carrying out cross border attacks into neighboring 
countries; 
(2) not supporting terrorist activities against 
United States or coalition forces in Afghanistan, and 
Pakistan’s military and intelligence agencies are not 
intervening extra-judicially into political and judicial 
processes in Pakistan; 
(3)
dismantling
improvised
explosive
device 
(IED) networks and interdicting precursor chemicals 
used in the manufacture of IEDs; 
(4) preventing the proliferation of nuclear-re-
lated material and expertise; 
(5) issuing visas in a timely manner for United 
States visitors engaged in counterterrorism efforts 
and assistance programs in Pakistan; and 
(6) providing humanitarian organizations access 
to detainees, internally displaced persons, and other 
Pakistani civilians affected by the conflict. 
(b) The Secretary of Defense, in coordination with 
the Secretary of State, may waive the restriction in para-
graph (a) on a case-by-case basis by certifying in writing 
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to the Committees on Appropriations of the House of Rep-
resentatives and the Senate that it is in the national secu-
rity interest to do so: Provided, That if the Secretary of 
Defense, in coordination with the Secretary of State, exer-
cises the authority of the previous proviso, the Secretaries 
shall report to the Committees on Appropriations on both 
the justification for the waiver and on the requirements 
of this section that the Government of Pakistan was not 
able to meet: Provided further, That such report may be 
submitted in classified form if necessary. 
This division may be cited as the ‘‘Department of De-
fense Appropriations Act, 2013’’. 
DIVISION
B—MILITARY
CONSTRUCTION
AND 
VETERANS AFFAIRS, AND RELATED AGEN-
CIES APPROPRIATIONS ACT, 2013 
The following sums are hereby appropriated, out of 
any money in the Treasury not otherwise appropriated, 
for military construction, the Department of Veterans Af-
fairs, and related agencies for the fiscal year ending Sep-
tember 30, 2013, and for other purposes, namely: 
TITLE I 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military 
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installations, facilities, and real property for the Army as 
currently authorized by law, including personnel in the 
Army Corps of Engineers and other personal services nec-
essary for the purposes of this appropriation, and for con-
struction and operation of facilities in support of the func-
tions of the Commander in Chief, $1,684,323,000, to re-
main available until September 30, 2017: Provided, That 
of this amount, not to exceed $80,173,000 shall be avail-
able for study, planning, design, architect and engineer 
services, and host nation support, as authorized by law, 
unless the Secretary of Army determines that additional 
obligations are necessary for such purposes and notifies 
the Committees on Appropriations of both Houses of Con-
gress of the determination and the reasons therefor. 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, naval in-
stallations, facilities, and real property for the Navy and 
Marine Corps as currently authorized by law, including 
personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of 
this appropriation, $1,549,164,000, to remain available 
until September 30, 2017: Provided, That of this amount, 
not to exceed $102,619,000 shall be available for study, 
planning, design, and architect and engineer services, as 
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authorized by law, unless the Secretary of Navy deter-
mines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations 
of both Houses of Congress of the determination and the 
reasons therefor. 
MILITARY CONSTRUCTION, AIR FORCE 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military 
installations, facilities, and real property for the Air Force 
as currently authorized by law, $322,543,000, to remain 
available until September 30, 2017: Provided, That of this 
amount, not to exceed $18,635,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of Air 
Force determines that additional obligations are necessary 
for such purposes and notifies the Committees on Appro-
priations of both Houses of Congress of the determination 
and the reasons therefor. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, installa-
tions, facilities, and real property for activities and agen-
cies of the Department of Defense (other than the military 
departments),
as
currently
authorized
by
law, 
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$3,582,423,000, to remain available until September 30, 
2017: Provided, That such amounts of this appropriation 
as may be determined by the Secretary of Defense may 
be transferred to such appropriations of the Department 
of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with 
and to be available for the same purposes, and for the 
same time period, as the appropriation or fund to which 
transferred: Provided further, That of the amount appro-
priated, not to exceed $315,562,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for 
such purposes and notifies the Committees on Appropria-
tions of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That of the amount 
appropriated, notwithstanding any other provision of law, 
$26,969,000 shall be available for payments to the North 
Atlantic Treaty Organization for the planning, design, and 
construction of a new North Atlantic Treaty Organization 
headquarters. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army National Guard, and contribu-
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tions therefor, as authorized by chapter 1803 of title 10, 
United States Code, and Military Construction Authoriza-
tion Acts, $613,799,000, to remain available until Sep-
tember 30, 2017: Provided, That of the amount appro-
priated, not to exceed $26,622,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Director of the Army 
National Guard determines that additional obligations are 
necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the de-
termination and the reasons therefor. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air National Guard, and contributions 
therefor, as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization 
Acts, $42,386,000, to remain available until September 
30, 2017: Provided, That of the amount appropriated, not 
to exceed $4,000,000 shall be available for study, plan-
ning, design, and architect and engineer services, as au-
thorized by law, unless the Director of the Air National 
Guard determines that additional obligations are nec-
essary for such purposes and notifies the Committees on 
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Appropriations of both Houses of Congress of the deter-
mination and the reasons therefor. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army Reserve as authorized by chapter 
1803 of title 10, United States Code, and Military Con-
struction Authorization Acts, $305,846,000, to remain 
available until September 30, 2017: Provided, That of the 
amount appropriated, not to exceed $15,951,000 shall be 
available for study, planning, design, and architect and en-
gineer services, as authorized by law, unless the Chief of 
the Army Reserve determines that additional obligations 
are necessary for such purposes and notifies the Commit-
tees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor. 
MILITARY CONSTRUCTION, NAVY RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the reserve components of the Navy and 
Marine Corps as authorized by chapter 1803 of title 10, 
United States Code, and Military Construction Authoriza-
tion Acts, $49,532,000, to remain available until Sep-
tember 30, 2017: Provided, That of the amount appro-
priated, not to exceed $2,118,000 shall be available for 
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study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of the 
Navy determines that additional obligations are necessary 
for such purposes and notifies the Committees on Appro-
priations of both Houses of Congress of the determination 
and the reasons therefor. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air Force Reserve as authorized by 
chapter 1803 of title 10, United States Code, and Military 
Construction Authorization Acts, $10,979,000, to remain 
available until September 30, 2017: Provided, That of the 
amount appropriated, not to exceed $2,879,000 shall be 
available for study, planning, design, and architect and en-
gineer services, as authorized by law, unless the Chief of 
the Air Force Reserve determines that additional obliga-
tions are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress 
of the determination and the reasons therefor. 
NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
For the United States share of the cost of the North 
Atlantic Treaty Organization Security Investment Pro-
gram for the acquisition and construction of military fa-
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cilities and installations (including international military 
headquarters) and for related expenses for the collective 
defense of the North Atlantic Treaty Area as authorized 
by section 2806 of title 10, United States Code, and Mili-
tary Construction Authorization Acts, $254,163,000, to 
remain available until expended. 
FAMILY HOUSING CONSTRUCTION, ARMY 
For expenses of family housing for the Army for con-
struction, including acquisition, replacement, addition, ex-
pansion, extension, and alteration, as authorized by law, 
$4,641,000, to remain available until September 30, 2017. 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
ARMY 
For expenses of family housing for the Army for op-
eration and maintenance, including debt payment, leasing, 
minor construction, principal and interest charges, and in-
surance premiums, as authorized by law, $530,051,000. 
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE 
CORPS 
For expenses of family housing for the Navy and Ma-
rine Corps for construction, including acquisition, replace-
ment, addition, expansion, extension, and alteration, as 
authorized by law, $102,182,000, to remain available until 
September 30, 2017. 
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FAMILY HOUSING OPERATION AND MAINTENANCE, 
NAVY AND MARINE CORPS 
For expenses of family housing for the Navy and Ma-
rine Corps for operation and maintenance, including debt 
payment, leasing, minor construction, principal and inter-
est charges, and insurance premiums, as authorized by 
law, $378,230,000. 
FAMILY HOUSING CONSTRUCTION, AIR FORCE 
For expenses of family housing for the Air Force for 
construction, including acquisition, replacement, addition, 
expansion, extension, and alteration, as authorized by law, 
$83,824,000, to remain available until September 30, 
2017. 
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR 
FORCE 
For expenses of family housing for the Air Force for 
operation and maintenance, including debt payment, leas-
ing, minor construction, principal and interest charges, 
and
insurance
premiums,
as
authorized
by
law, 
$497,829,000. 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
DEFENSE-WIDE 
For expenses of family housing for the activities and 
agencies of the Department of Defense (other than the 
military departments) for operation and maintenance, 
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leasing, and minor construction, as authorized by law, 
$52,238,000. 
DEPARTMENT OF DEFENSE FAMILY HOUSING 
IMPROVEMENT FUND 
For the Department of Defense Family Housing Im-
provement Fund, $1,786,000, to remain available until ex-
pended, for family housing initiatives undertaken pursu-
ant to section 2883 of title 10, United States Code, pro-
viding alternative means of acquiring and improving mili-
tary family housing and supporting facilities. 
CHEMICAL DEMILITARIZATION CONSTRUCTION, 
DEFENSE-WIDE 
For expenses of construction, not otherwise provided 
for, necessary for the destruction of the United States 
stockpile of lethal chemical agents and munitions in ac-
cordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), and for the 
destruction of other chemical warfare materials that are 
not in the chemical weapon stockpile, as currently author-
ized by law, $151,000,000, to remain available until Sep-
tember 30, 2017, which shall be only for the Assembled 
Chemical Weapons Alternatives program. 
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DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
1990 
For deposit into the Department of Defense Base 
Closure Account 1990, established by section 2906(a)(1) 
of the Defense Base Closure and Realignment Act of 1990 
(10 U.S.C. 2687 note), $409,396,000, to remain available 
until expended. 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
2005 
For deposit into the Department of Defense Base 
Closure Account 2005, established by section 2906A(a)(1) 
of the Defense Base Closure and Realignment Act of 1990 
(10 U.S.C. 2687 note), $126,697,000, to remain available 
until expended: Provided, That the Department of Defense 
shall notify the Committees on Appropriations of both 
Houses of Congress 14 days prior to obligating an amount 
for a construction project that exceeds or reduces the 
amount identified for that project in the most recently 
submitted budget request for this account by 20 percent 
or $2,000,000, whichever is less: Provided further, That 
the previous proviso shall not apply to projects costing less 
than $5,000,000, except for those projects not previously 
identified in any budget submission for this account and 
exceeding the minor construction threshold under section 
2805 of title 10, United States Code. 
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ADMINISTRATIVE PROVISIONS 
SEC. 101. None of the funds made available in this 
title shall be expended for payments under a cost-plus-a- 
fixed-fee contract for construction, where cost estimates 
exceed $25,000, to be performed within the United States, 
except Alaska, without the specific approval in writing of 
the Secretary of Defense setting forth the reasons there-
for. 
SEC. 102. Funds made available in this title for con-
struction shall be available for hire of passenger motor ve-
hicles. 
SEC. 103. Funds made available in this title for con-
struction may be used for advances to the Federal High-
way Administration, Department of Transportation, for 
the construction of access roads as authorized by section 
210 of title 23, United States Code, when projects author-
ized therein are certified as important to the national de-
fense by the Secretary of Defense. 
SEC. 104. None of the funds made available in this 
title may be used to begin construction of new bases in 
the United States for which specific appropriations have 
not been made. 
SEC. 105. None of the funds made available in this 
title shall be used for purchase of land or land easements 
in excess of 100 percent of the value as determined by 
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the Army Corps of Engineers or the Naval Facilities Engi-
neering Command, except: (1) where there is a determina-
tion of value by a Federal court; (2) purchases negotiated 
by the Attorney General or the designee of the Attorney 
General; (3) where the estimated value is less than 
$25,000; or (4) as otherwise determined by the Secretary 
of Defense to be in the public interest. 
SEC. 106. None of the funds made available in this 
title shall be used to: (1) acquire land; (2) provide for site 
preparation; or (3) install utilities for any family housing, 
except housing for which funds have been made available 
in annual Acts making appropriations for military con-
struction. 
SEC. 107. None of the funds made available in this 
title for minor construction may be used to transfer or 
relocate any activity from one base or installation to an-
other, without prior notification to the Committees on Ap-
propriations of both Houses of Congress. 
SEC. 108. None of the funds made available in this 
title may be used for the procurement of steel for any con-
struction project or activity for which American steel pro-
ducers, fabricators, and manufacturers have been denied 
the opportunity to compete for such steel procurement. 
SEC. 109. None of the funds available to the Depart-
ment of Defense for military construction or family hous-
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ing during the current fiscal year may be used to pay real 
property taxes in any foreign nation. 
SEC. 110. None of the funds made available in this 
title may be used to initiate a new installation overseas 
without prior notification to the Committees on Appro-
priations of both Houses of Congress. 
SEC. 111. None of the funds made available in this 
title may be obligated for architect and engineer contracts 
estimated by the Government to exceed $500,000 for 
projects to be accomplished in Japan, in any North Atlan-
tic Treaty Organization member country, or in countries 
bordering the Arabian Sea, unless such contracts are 
awarded to United States firms or United States firms 
in joint venture with host nation firms. 
SEC. 112. None of the funds made available in this 
title for military construction in the United States terri-
tories and possessions in the Pacific and on Kwajalein 
Atoll, or in countries bordering the Arabian Sea, may be 
used to award any contract estimated by the Government 
to exceed $1,000,000 to a foreign contractor: Provided, 
That this section shall not be applicable to contract 
awards for which the lowest responsive and responsible bid 
of a United States contractor exceeds the lowest respon-
sive and responsible bid of a foreign contractor by greater 
than 20 percent: Provided further, That this section shall 
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not apply to contract awards for military construction on 
Kwajalein Atoll for which the lowest responsive and re-
sponsible bid is submitted by a Marshallese contractor. 
SEC. 113. The Secretary of Defense shall inform the 
appropriate committees of both Houses of Congress, in-
cluding the Committees on Appropriations, of plans and 
scope of any proposed military exercise involving United 
States personnel 30 days prior to its occurring, if amounts 
expended for construction, either temporary or permanent, 
are anticipated to exceed $100,000. 
SEC. 114. Funds appropriated to the Department of 
Defense for construction in prior years shall be available 
for construction authorized for each such military depart-
ment by the authorizations enacted into law during the 
current session of Congress. 
SEC. 115. Not more than 20 percent of the funds 
made available in this title which are limited for obligation 
during the current fiscal year shall be obligated during 
the last 2 months of the fiscal year. 
SEC. 116. For military construction or family housing 
projects that are being completed with funds otherwise ex-
pired or lapsed for obligation, expired or lapsed funds may 
be used to pay the cost of associated supervision, inspec-
tion, overhead, engineering and design on those projects 
and on subsequent claims, if any. 
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SEC. 117. Notwithstanding any other provision of 
law, any funds made available to a military department 
or defense agency for the construction of military projects 
may be obligated for a military construction project or 
contract, or for any portion of such a project or contract, 
at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were made 
available, if the funds obligated for such project: (1) are 
obligated from funds available for military construction 
projects; and (2) do not exceed the amount appropriated 
for such project, plus any amount by which the cost of 
such project is increased pursuant to law. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 118. In addition to any other transfer authority 
available to the Department of Defense, proceeds depos-
ited to the Department of Defense Base Closure Account 
established by section 207(a)(1) of the Defense Authoriza-
tion Amendments and Base Closure and Realignment Act 
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 
of such Act, may be transferred to the account established 
by section 2906(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), to be 
merged with, and to be available for the same purposes 
and the same time period as that account. 
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(INCLUDING TRANSFER OF FUNDS) 
SEC. 119. Subject to 30 days prior notification, or 
14 days for a notification provided in an electronic me-
dium pursuant to sections 480 and 2883 of title 10, 
United States Code, to the Committees on Appropriations 
of both Houses of Congress, such additional amounts as 
may be determined by the Secretary of Defense may be 
transferred to: (1) the Department of Defense Family 
Housing Improvement Fund from amounts appropriated 
for construction in ‘‘Family Housing’’ accounts, to be 
merged with and to be available for the same purposes 
and for the same period of time as amounts appropriated 
directly to the Fund; or (2) the Department of Defense 
Military Unaccompanied Housing Improvement Fund 
from amounts appropriated for construction of military 
unaccompanied housing in ‘‘Military Construction’’ ac-
counts, to be merged with and to be available for the same 
purposes and for the same period of time as amounts ap-
propriated directly to the Fund: Provided, That appropria-
tions made available to the Funds shall be available to 
cover the costs, as defined in section 502(5) of the Con-
gressional Budget Act of 1974, of direct loans or loan 
guarantees issued by the Department of Defense pursuant 
to the provisions of subchapter IV of chapter 169 of title 
10, United States Code, pertaining to alternative means 
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of acquiring and improving military family housing, mili-
tary unaccompanied housing, and supporting facilities. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 120. In addition to any other transfer authority 
available to the Department of Defense, amounts may be 
transferred from the accounts established by sections 
2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 
and Realignment Act of 1990 (10 U.S.C. 2687 note), to 
the fund established by section 1013(d) of the Demonstra-
tion Cities and Metropolitan Development Act of 1966 (42 
U.S.C. 3374) to pay for expenses associated with the 
Homeowners Assistance Program incurred under 42 
U.S.C. 3374(a)(1)(A). Any amounts transferred shall be 
merged with and be available for the same purposes and 
for the same time period as the fund to which transferred. 
SEC. 121. Notwithstanding any other provision of 
law, funds made available in this title for operation and 
maintenance of family housing shall be the exclusive 
source of funds for repair and maintenance of all family 
housing units, including general or flag officer quarters: 
Provided, That not more than $35,000 per unit may be 
spent annually for the maintenance and repair of any gen-
eral or flag officer quarters without 30 days prior notifica-
tion, or 14 days for a notification provided in an electronic 
medium pursuant to sections 480 and 2883 of title 10, 
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United States Code, to the Committees on Appropriations 
of both Houses of Congress, except that an after-the-fact 
notification shall be submitted if the limitation is exceeded 
solely due to costs associated with environmental remedi-
ation that could not be reasonably anticipated at the time 
of the budget submission: Provided further, That the 
Under Secretary of Defense (Comptroller) is to report an-
nually to the Committees on Appropriations of both 
Houses of Congress all operation and maintenance ex-
penditures for each individual general or flag officer quar-
ters for the prior fiscal year. 
SEC. 122. Amounts contained in the Ford Island Im-
provement Account established by subsection (h) of sec-
tion 2814 of title 10, United States Code, are appro-
priated and shall be available until expended for the pur-
poses specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section. 
SEC. 123. None of the funds made available in this 
title, or in any Act making appropriations for military con-
struction which remain available for obligation, may be ob-
ligated or expended to carry out a military construction, 
land acquisition, or family housing project at or for a mili-
tary installation approved for closure, or at a military in-
stallation for the purposes of supporting a function that 
has been approved for realignment to another installation, 
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in 2005 under the Defense Base Closure and Realignment 
Act of 1990 (part A of title XXIX of Public Law 101– 
510; 10 U.S.C. 2687 note), unless such a project at a mili-
tary installation approved for realignment will support a 
continuing mission or function at that installation or a 
new mission or function that is planned for that installa-
tion, or unless the Secretary of Defense certifies that the 
cost to the United States of carrying out such project 
would be less than the cost to the United States of cancel-
ling such project, or if the project is at an active compo-
nent base that shall be established as an enclave or in the 
case of projects having multi-agency use, that another 
Government agency has indicated it will assume ownership 
of the completed project. The Secretary of Defense may 
not transfer funds made available as a result of this limi-
tation from any military construction project, land acquisi-
tion, or family housing project to another account or use 
such funds for another purpose or project without the 
prior approval of the Committees on Appropriations of 
both Houses of Congress. This section shall not apply to 
military construction projects, land acquisition, or family 
housing projects for which the project is vital to the na-
tional security or the protection of health, safety, or envi-
ronmental quality: Provided, That the Secretary of De-
fense shall notify the congressional defense committees 
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within seven days of a decision to carry out such a military 
construction project. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 124. During the 5-year period after appropria-
tions available in this Act to the Department of Defense 
for military construction and family housing operation and 
maintenance and construction have expired for obligation, 
upon a determination that such appropriations will not be 
necessary for the liquidation of obligations or for making 
authorized adjustments to such appropriations for obliga-
tions incurred during the period of availability of such ap-
propriations, unobligated balances of such appropriations 
may be transferred into the appropriation ‘‘Foreign Cur-
rency Fluctuations, Construction, Defense’’, to be merged 
with and to be available for the same time period and for 
the same purposes as the appropriation to which trans-
ferred. 
SEC. 125. None of the funds made available by this 
Act may be used by the Secretary of Defense to take bene-
ficial occupancy of more than 2,500 parking spaces (other 
than handicap-reserved spaces) to be provided by the 
BRAC 133 project: Provided, That this limitation may be 
waived in part if: (1) the Secretary of Defense certifies 
to Congress that levels of service at existing intersections 
in the vicinity of the project have not experienced failing 
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levels of service as defined by the Transportation Research 
Board Highway Capacity Manual over a consecutive 90- 
day period; (2) the Department of Defense and the Vir-
ginia Department of Transportation agree on the number 
of additional parking spaces that may be made available 
to employees of the facility subject to continued 90-day 
traffic monitoring; and (3) the Secretary of Defense noti-
fies the congressional defense committees in writing at 
least 14 days prior to exercising this waiver of the number 
of additional parking spaces to be made available. 
SEC. 126. None of the funds made available by this 
Act may be used for any action that relates to or promotes 
the expansion of the boundaries or size of the Pinon Can-
yon Maneuver Site, Colorado. 
SEC. 127. Amounts appropriated or otherwise made 
available in an account funded under the headings in this 
title may be transferred among projects and activities 
within the account in accordance with the reprogramming 
guidelines for military construction and family housing 
construction contained in Department of Defense Finan-
cial Management Regulation 7000.14–R, Volume 3, Chap-
ter 7, of February 2009, as in effect on the date of enact-
ment of this Act. 
SEC. 128. (a) Except as provided in subsection (b), 
none of the funds made available in this Act may be used 
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by the Secretary of the Army to relocate a unit in the 
Army that— 
(1) performs a testing mission or function that 
is not performed by any other unit in the Army and 
is specifically stipulated in title 10, United States 
Code; and 
(2) is located at a military installation at which 
the total number of civilian employees of the Depart-
ment of the Army and Army contractor personnel 
employed exceeds 10 percent of the total number of 
members of the regular and reserve components of 
the Army assigned to the installation. 
(b) EXCEPTION.—Subsection (a) shall not apply if 
the Secretary of the Army certifies to the congressional 
defense committees that in proposing the relocation of the 
unit of the Army, the Secretary complied with Army Regu-
lation 5–10 relating to the policy, procedures, and respon-
sibilities for Army stationing actions. 
SEC. 129. Notwithstanding any other provision of 
law, none of the funds made available to the Department 
of Defense for military construction in this or any other 
Act, may be obligated or expended for planning and design 
and construction of projects at Arlington National Ceme-
tery. 
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(INCLUDING RESCISSION OF FUNDS) 
SEC. 130. Of the unobligated balances available for 
‘‘Military Construction, Defense-Wide’’, from prior appro-
priations Acts, $20,000,000 are hereby cancelled: Pro-
vided, That no amounts may be cancelled from amounts 
that were designated by Congress as an emergency re-
quirement or for Overseas Contingency Operations/Global 
War on Terrorism pursuant to the Concurrent Resolution 
on the Budget or the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended. 
(INCLUDING RESCISSION OF FUNDS) 
SEC. 131. Of the unobligated balances available for 
‘‘Department of Defense Base Closure Account 2005’’, 
from prior appropriations Acts, $132,513,000 are hereby 
cancelled: Provided, That no amounts may be cancelled 
from amounts that were designated by Congress as an 
emergency requirement or for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to the Concur-
rent Resolution on the Budget or the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 132. Of the proceeds credited to the Depart-
ment of Defense Family Housing Improvement Fund pur-
suant to subsection (c)(1)(C) of section 2883 of title 10, 
United States Code, from a Department of Navy land con-
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veyance,
the
Secretary
of
Defense
shall
transfer 
$10,500,000 to the Secretary of the Navy under para-
graph (3) of subsection (d) of such section for use by the 
Secretary of the Navy as provided in paragraph (1) of 
such subsection until expended. 
TITLE II 
DEPARTMENT OF VETERANS AFFAIRS 
VETERANS BENEFITS ADMINISTRATION 
COMPENSATION AND PENSIONS 
(INCLUDING TRANSFER OF FUNDS) 
For the payment of compensation benefits to or on 
behalf of veterans and a pilot program for disability ex-
aminations as authorized by section 107 and chapters 11, 
13, 18, 51, 53, 55, and 61 of title 38, United States Code; 
pension benefits to or on behalf of veterans as authorized 
by chapters 15, 51, 53, 55, and 61 of title 38, United 
States Code; and burial benefits, the Reinstated Entitle-
ment Program for Survivors, emergency and other offi-
cers’ retirement pay, adjusted-service credits and certifi-
cates, payment of premiums due on commercial life insur-
ance policies guaranteed under the provisions of title IV 
of the Servicemembers Civil Relief Act (50 U.S.C. App. 
541 et seq.) and for other benefits as authorized by sec-
tions 107, 1312, 1977, and 2106, and chapters 23, 51, 
53,
55,
and
of
title
38,
United
States
Code, 
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$60,599,855,000, to remain available until expended: Pro-
vided, That not to exceed $9,204,000 of the amount ap-
propriated under this heading shall be reimbursed to 
‘‘General operating expenses, Veterans Benefits Adminis-
tration’’, ‘‘Medical support and compliance’’, and ‘‘Infor-
mation technology systems’’ for necessary expenses in im-
plementing the provisions of chapters 51, 53, and 55 of 
title 38, United States Code, the funding source for which 
is specifically provided as the ‘‘Compensation and pen-
sions’’ appropriation: Provided further, That such sums as 
may be earned on an actual qualifying patient basis, shall 
be reimbursed to ‘‘Medical care collections fund’’ to aug-
ment the funding of individual medical facilities for nurs-
ing home care provided to pensioners as authorized. 
READJUSTMENT BENEFITS 
For the payment of readjustment and rehabilitation 
benefits to or on behalf of veterans as authorized by chap-
ters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 
61 of title 38, United States Code, and for the payment 
of benefits under the Veterans Retraining Assistance Pro-
gram, $12,023,458,000, to remain available until ex-
pended: Provided, That expenses for rehabilitation pro-
gram services and assistance which the Secretary is au-
thorized to provide under subsection (a) of section 3104 
of title 38, United States Code, other than under para-
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graphs (1), (2), (5), and (11) of that subsection, shall be 
charged to this account. 
VETERANS INSURANCE AND INDEMNITIES 
For military and naval insurance, national service life 
insurance, servicemen’s indemnities, service-disabled vet-
erans insurance, and veterans mortgage life insurance as 
authorized by chapters 19 and 21, title 38, United States 
Code, $104,600,000, to remain available until expended. 
VETERANS HOUSING BENEFIT PROGRAM FUND 
For the cost of direct and guaranteed loans, such 
sums as may be necessary to carry out the program, as 
authorized by subchapters I through III of chapter 37 of 
title 38, United States Code: Provided, That such costs, 
including the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of 
1974: Provided further, That during fiscal year 2013, 
within the resources available, not to exceed $500,000 in 
gross obligations for direct loans are authorized for spe-
cially adapted housing loans. 
In addition, for administrative expenses to carry out 
the direct and guaranteed loan programs, $157,814,000. 
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT 
For the cost of direct loans, $19,000, as authorized 
by chapter 31 of title 38, United States Code: Provided, 
That such costs, including the cost of modifying such 
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loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That funds 
made available under this heading are available to sub-
sidize gross obligations for the principal amount of direct 
loans not to exceed $2,729,000. 
In addition, for administrative expenses necessary to 
carry out the direct loan program, $346,000, which may 
be paid to the appropriation for ‘‘General operating ex-
penses, Veterans Benefits Administration’’. 
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM 
ACCOUNT 
For administrative expenses to carry out the direct 
loan program authorized by subchapter V of chapter 37 
of title 38, United States Code, $1,089,000. 
VETERANS HEALTH ADMINISTRATION 
MEDICAL SERVICES 
For necessary expenses for furnishing, as authorized 
by law, inpatient and outpatient care and treatment to 
beneficiaries of the Department of Veterans Affairs and 
veterans described in section 1705(a) of title 38, United 
States Code, including care and treatment in facilities not 
under the jurisdiction of the Department, and including 
medical supplies and equipment, bioengineering services, 
food services, and salaries and expenses of healthcare em-
ployees hired under title 38, United States Code, aid to 
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State homes as authorized by section 1741 of title 38, 
United States Code, assistance and support services for 
caregivers as authorized by section 1720G of title 38, 
United States Code, loan repayments authorized by sec-
tion 604 of the Caregivers and Veterans Omnibus Health 
Services Act of 2010 (Public Law 111–163; 124 Stat. 
1174; 38 U.S.C. 7681 note), and hospital care and med-
ical services authorized by section 1787 of title 38, United 
States Code; $155,000,000, which shall be in addition to 
funds previously appropriated under this heading that be-
come available on October 1, 2012; and in addition, 
$43,557,000,000,
plus
reimbursements,
shall
become 
available on October 1, 2013, and shall remain available 
until September 30, 2014: Provided, That notwithstanding 
any other provision of law, the Secretary of Veterans Af-
fairs shall establish a priority for the provision of medical 
treatment for veterans who have service-connected disabil-
ities, lower income, or have special needs: Provided further, 
That notwithstanding any other provision of law, the Sec-
retary of Veterans Affairs shall give priority funding for 
the provision of basic medical benefits to veterans in en-
rollment priority groups 1 through 6: Provided further, 
That notwithstanding any other provision of law, the Sec-
retary of Veterans Affairs may authorize the dispensing 
of prescription drugs from Veterans Health Administra-
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tion facilities to enrolled veterans with privately written 
prescriptions based on requirements established by the 
Secretary: Provided further, That the implementation of 
the program described in the previous proviso shall incur 
no additional cost to the Department of Veterans Affairs. 
MEDICAL SUPPORT AND COMPLIANCE 
For necessary expenses in the administration of the 
medical, hospital, nursing home, domiciliary, construction, 
supply, and research activities, as authorized by law; ad-
ministrative expenses in support of capital policy activi-
ties; and administrative and legal expenses of the Depart-
ment for collecting and recovering amounts owed the De-
partment as authorized under chapter 17 of title 38, 
United States Code, and the Federal Medical Care Recov-
ery Act (42 U.S.C. 2651 et seq.); $6,033,000,000, plus 
reimbursements, shall become available on October 1, 
2013, and shall remain available until September 30, 
2014. 
MEDICAL FACILITIES 
For necessary expenses for the maintenance and op-
eration of hospitals, nursing homes, domiciliary facilities, 
and other necessary facilities of the Veterans Health Ad-
ministration; for administrative expenses in support of 
planning, design, project management, real property ac-
quisition and disposition, construction, and renovation of 
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any facility under the jurisdiction or for the use of the 
Department; for oversight, engineering, and architectural 
activities not charged to project costs; for repairing, alter-
ing, improving, or providing facilities in the several hos-
pitals and homes under the jurisdiction of the Depart-
ment, not otherwise provided for, either by contract or by 
the hire of temporary employees and purchase of mate-
rials; for leases of facilities; and for laundry services, 
$4,872,000,000, plus reimbursements, shall become avail-
able on October 1, 2013, and shall remain available until 
September 30, 2014. 
MEDICAL AND PROSTHETIC RESEARCH 
For necessary expenses in carrying out programs of 
medical and prosthetic research and development as au-
thorized by chapter 73 of title 38, United States Code, 
$582,674,000, plus reimbursements, shall remain avail-
able until September 30, 2014. 
NATIONAL CEMETERY ADMINISTRATION 
For necessary expenses of the National Cemetery Ad-
ministration for operations and maintenance, not other-
wise provided for, including uniforms or allowances there-
for; cemeterial expenses as authorized by law; purchase 
of one passenger motor vehicle for use in cemeterial oper-
ations; hire of passenger motor vehicles; and repair, alter-
ation or improvement of facilities under the jurisdiction 
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of the National Cemetery Administration, $258,284,000, 
of which not to exceed $25,828,000 shall remain available 
until September 30, 2014: Provided, That none of the 
funds under this heading may be used to expand the 
Urban Initiative project beyond those sites outlined in the 
fiscal year 2012 or previous budget submissions or any 
other rural strategy, other than the Rural Initiative in-
cluded in the fiscal year 2013 budget submission, until 
the Secretary of Veterans Affairs submits to the Commit-
tees on Appropriations of both Houses of Congress a strat-
egy to serve the burial needs of veterans residing in rural 
and highly rural areas and that strategy has been ap-
proved by the Committees: Provided further, That the 
strategy shall include: (1) A review of previous policies of 
the National Cemetery Administration regarding estab-
lishment of new national cemeteries, including whether the 
guidelines of the Administration for establishing national 
cemetery annexes remain valid; (2) Data identifying the 
number of and geographic areas where rural veterans are 
not currently served by national or existing State ceme-
teries and identification of areas with the largest unserved 
populations, broken down by veterans residing in urban 
versus rural and highly rural; (3) Identification of the 
number of veterans who reside within the 75-mile radius 
of a cemetery that is limited to cremations or of a State 
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cemetery which has residency restrictions, as well as an 
examination of how many communities that fall under a 
75-mile radius have an actual driving distance greater 
than 75 miles; (4) Reassessment of the gaps in service, 
factoring in the above conditions that limit rural and high-
ly rural veteran burial options; (5) An assessment of the 
adequacy of the policy of the Administration on estab-
lishing new cemeteries proposed in the fiscal year 2013 
budget request; (6) Recommendations for an appropriate 
policy on new national cemeteries to serve rural or highly 
rural areas; (7) Development of a national map showing 
the locations and number of all unserved veterans; and 
(8) A time line for the implementation of such strategy 
and cost estimates for using the strategy to establish new 
burial sites in at least five rural or highly rural locations: 
Provided further, That the Comptroller General of the 
United States shall review the strategy to ensure that it 
includes the elements listed above: Provided further, That 
this strategy shall be submitted no later than 180 days 
after the date of enactment of this Act: Provided further, 
That the Secretary of Veterans Affairs shall issue guide-
lines on committal services held at cemeteries under the 
jurisdiction of the National Cemetery Administration to 
ensure that: (1) veterans’ families may arrange to hold 
committal services with any religious or secular content 
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they desire; (2) the choice by a family of an honor guard 
and the content and presentation of military honors may 
not be interfered with; and (3) attendance at committal 
services by outside organizations dedicated to the support 
of veterans will not be constrained except at the request 
of family members: Provided further, That the Department 
shall not edit, control, or exercise prior restraints on the 
content of religious speech and expression by speakers at 
events at veterans national cemeteries except as provided 
in section 2413 of title 38, United States Code: Provided 
further, That actions permitted by the foregoing provisos 
shall be subject to compliance with Department security, 
safety, and law enforcement regulations. 
DEPARTMENTAL ADMINISTRATION 
GENERAL ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For necessary operating expenses of the Department 
of Veterans Affairs, not otherwise provided for, including 
administrative expenses in support of Department-Wide 
capital planning, management and policy activities, uni-
forms, or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of pas-
senger motor vehicles; and reimbursement of the General 
Services
Administration
for
security
guard
services, 
$424,737,000, of which not to exceed $20,837,000 shall 
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remain available until September 30, 2014: Provided, 
That the Board of Veterans Appeals shall be funded at 
not less than $86,006,000: Provided further, That of the 
funds made available under this heading, such sums as 
may be necessary shall be available to the Secretary of 
Veterans Affairs to comply with the Department’s energy 
management requirements under section 543(f)(7) of the 
National Energy Conservation Policy Act (42 U.S.C. 
8253(f)(7)): Provided further, That funds provided under 
this heading may be transferred to ‘‘General operating ex-
penses, Veterans Benefits Administration’’. 
GENERAL OPERATING EXPENSES, VETERANS BENEFITS 
ADMINISTRATION 
For necessary operating expenses of the Veterans 
Benefits Administration, not otherwise provided for, in-
cluding hire of passenger motor vehicles, reimbursement 
of the General Services Administration for security guard 
services, and reimbursement of the Department of De-
fense
for
the
cost
of
overseas
employee
mail, 
$2,164,074,000: Provided, That expenses for services and 
assistance authorized under paragraphs (1), (2), (5), and 
(11) of section 3104(a) of title 38, United States Code, 
that the Secretary of Veterans Affairs determines are nec-
essary to enable entitled veterans: (1) to the maximum ex-
tent feasible, to become employable and to obtain and 
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maintain suitable employment; or (2) to achieve maximum 
independence in daily living, shall be charged to this ac-
count: Provided further, That of the funds made available 
under this heading, not to exceed $113,000,000 shall re-
main available until September 30, 2014. 
INFORMATION TECHNOLOGY SYSTEMS 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for information technology 
systems and telecommunications support, including devel-
opmental information systems and operational information 
systems; for pay and associated costs; and for the capital 
asset acquisition of information technology systems, in-
cluding management and related contractual costs of said 
acquisitions, including contractual costs associated with 
operations authorized by section 3109 of title 5, United 
States Code, $3,327,444,000, plus reimbursements: Pro-
vided, That $1,021,000,000 shall be for pay and associ-
ated costs, of which not to exceed $30,630,000 shall re-
main available until September 30, 2014: Provided further, 
That $1,812,045,000 shall be for operations and mainte-
nance, of which not to exceed $126,000,000 shall remain 
available until September 30, 2014: Provided further, That 
$494,399,000 shall be for information technology systems 
development, modernization, and enhancement, and shall 
remain available until September 30, 2014: Provided fur-
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ther, That amounts made available for information tech-
nology systems development, modernization, and enhance-
ment may not be obligated or expended until the Secretary 
of Veterans Affairs or the Chief Information Officer of 
the Department of Veterans Affairs submits to the Com-
mittees on Appropriations of both Houses of Congress a 
certification of the amounts, in parts or in full, to be obli-
gated and expended for each development project: Pro-
vided further, That amounts made available for salaries 
and expenses, operations and maintenance, and informa-
tion technology systems development, modernization, and 
enhancement may be transferred among the three sub-ac-
counts after the Secretary of Veterans Affairs requests 
from the Committees on Appropriations of both Houses 
of Congress the authority to make the transfer and an 
approval is issued: Provided further, That amounts made 
available for the ‘‘Information technology systems’’ ac-
count for development, modernization, and enhancement 
may be transferred between projects or to newly defined 
projects: Provided further, That no project may be in-
creased or decreased by more than $1,000,000 of cost 
prior to submitting a request to the Committees on Appro-
priations of both Houses of Congress to make the transfer 
and an approval is issued, or absent a response, a period 
of 30 days has elapsed: Provided further, That of the funds 
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provided for information technology systems development, 
modernization, and enhancement for the development of 
a joint Department of Defense—Department of Veterans 
Affairs (DOD–VA) integrated electronic health record 
(iEHR), not more than 25 percent may be obligated until 
the DOD–VA Interagency Program Office submits to the 
Committees on Appropriations of both Houses of Con-
gress, and such Committees approve, a plan for expendi-
ture that: (1) defines the budget and cost baseline for de-
velopment of the integrated Electronic Health Record; (2) 
identifies the deployment timeline for the system for both 
Agencies; (3) breaks out annual and total spending for 
each Department; (4) relays detailed cost-sharing business 
rules; (5) establishes data standardization schedules be-
tween the Departments; (6) has been submitted to the 
Government Accountability Office for review; and (7) com-
plies with the acquisition rules, requirements, guidelines, 
and systems acquisition management practices of the Fed-
eral Government: Provided further, That the funds made 
available under this heading for information technology 
systems development, modernization, and enhancement, 
shall be for the projects, and in the amounts, specified 
under this heading in the explanatory statement described 
in section 4 (in the matter preceding division A of this 
consolidated Act). 
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OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General, to include information technology, in carrying out 
the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $115,000,000, of which $6,000,000 shall re-
main available until September 30, 2014. 
CONSTRUCTION, MAJOR PROJECTS 
For constructing, altering, extending, and improving 
any of the facilities, including parking projects, under the 
jurisdiction or for the use of the Department of Veterans 
Affairs, or for any of the purposes set forth in sections 
316, 2404, 2406, and chapter 81 of title 38, United States 
Code, not otherwise provided for, including planning, ar-
chitectural and engineering services, construction manage-
ment services, maintenance or guarantee period services 
costs associated with equipment guarantees provided 
under the project, services of claims analysts, offsite utility 
and storm drainage system construction costs, and site ac-
quisition, where the estimated cost of a project is more 
than the amount set forth in section 8104(a)(3)(A) of title 
38, United States Code, or where funds for a project were 
made available in a previous major project appropriation, 
$532,470,000, of which $502,470,000 shall remain avail-
able until September 30, 2017, and of which $30,000,000 
shall remain available until expended: Provided, That 
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$5,000,000 shall be to make reimbursements as provided 
in section 7108 of title 41, United States Code, for claims 
paid for contract disputes: Provided further, That except 
for advance planning activities, including needs assess-
ments which may or may not lead to capital investments, 
and other capital asset management related activities, in-
cluding portfolio development and management activities, 
and investment strategy studies funded through the ad-
vance planning fund and the planning and design activities 
funded through the design fund, including needs assess-
ments which may or may not lead to capital investments, 
and salaries and associated costs of the resident engineers 
who oversee those capital investments funded through this 
account, and funds provided for the purchase of land for 
the National Cemetery Administration through the land 
acquisition line item, none of the funds made available 
under this heading shall be used for any project which has 
not been approved by the Congress in the budgetary proc-
ess: Provided further, That funds made available under 
this heading for fiscal year 2013, for each approved 
project shall be obligated: (1) by the awarding of a con-
struction documents contract by September 30, 2013; and 
(2) by the awarding of a construction contract by Sep-
tember 30, 2014: Provided further, That the Secretary of 
Veterans Affairs shall promptly submit to the Committees 
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on Appropriations of both Houses of Congress a written 
report on any approved major construction project for 
which obligations are not incurred within the time limita-
tions established above. 
CONSTRUCTION, MINOR PROJECTS 
For constructing, altering, extending, and improving 
any of the facilities, including parking projects, under the 
jurisdiction or for the use of the Department of Veterans 
Affairs, including planning and assessments of needs 
which may lead to capital investments, architectural and 
engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees pro-
vided under the project, services of claims analysts, offsite 
utility and storm drainage system construction costs, and 
site acquisition, or for any of the purposes set forth in 
sections 316, 2404, 2406, and chapter 81 of title 38, 
United States Code, not otherwise provided for, where the 
estimated cost of a project is equal to or less than the 
amount set forth in section 8104(a)(3)(A) of title 38, 
United States Code, $607,530,000, to remain available 
until September 30, 2017, along with unobligated balances 
of previous ‘‘Construction, minor projects’’ appropriations 
which are hereby made available for any project where the 
estimated cost is equal to or less than the amount set forth 
in such section: Provided, That funds made available 
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