a reconciliation of increases and decreases for each contin-
gency operation, and programmatic data including, but 
not limited to, troop strength for each Active and Reserve 
component, and estimates of the major weapons systems 
deployed in support of each contingency: Provided further, 
That these documents shall include budget exhibits OP– 
5 and OP–32 (as defined in the Department of Defense 
Financial Management Regulation) for all contingency op-
erations for the budget year and the two preceding fiscal 
years. 
SEC. 8075. 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. 8076. 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. 8077. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the 
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. 8078. None of the funds provided in this Act 
shall be available for integration of foreign intelligence in-
formation unless the information has been lawfully col-
lected and processed during the conduct of authorized for-
eign intelligence activities: Provided, That information 
pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as imple-
mented through Executive Order No. 12333. 
SEC. 8079. (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. 8080. The Secretary of Defense may transfer 
funds from any available Department of the Navy appro-
priation to any available Navy ship construction appro-
priation for the purpose of liquidating necessary changes 
resulting from inflation, market fluctuations, or rate ad-
justments for any ship construction program appropriated 
in law: Provided, That the Secretary may transfer not to 
exceed $100,000,000 under the authority provided by this 
section: Provided further, That the Secretary may not 
transfer any funds until 30 days after the proposed trans-
fer has been reported to the Committees on Appropria-
tions of the House of Representatives and the Senate, un-
less a response from the Committees is received sooner: 
Provided further, That any funds transferred pursuant to 
this section shall retain the same period of availability as 
when originally appropriated: Provided further, That the 
transfer authority provided by this section is in addition 
to any other transfer authority contained elsewhere in this 
Act. 
SEC. 8081. For purposes of section 7108 of title 41, 
United States Code, any subdivision of appropriations 
made under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ that is not closed at the time reimbursement is 
made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any sub-
division under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ appropriations in the current fiscal year or any 
prior fiscal year. 
SEC. 8082. (a) None of the funds appropriated by 
this Act may be used to transfer research and develop-
ment, acquisition, or other program authority relating to 
current tactical unmanned aerial vehicles (TUAVs) from 
the Army. 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Sky Warrior Unmanned 
Aerial Vehicle (UAV) in order to support the Secretary 
of Defense in matters relating to the employment of un-
manned aerial vehicles. 
SEC. 8083. Up to $15,000,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
Navy’’ may be made available for the Asia Pacific 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. 8084. None of the funds appropriated by this 
Act for programs of the Office of the Director of National 
Intelligence shall remain available for obligation beyond 
the current fiscal year, except for funds appropriated for 
research and technology, which shall remain available until 
September 30, 2014. 
SEC. 8085. For purposes of section 1553(b) of title 
31, United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8086. The Director of National Intelligence 
shall include the budget exhibits identified in paragraphs 
(1) and (2) as described in the Department of Defense 
Financial Management Regulation with the congressional 
budget justification books: 
(1) For procurement programs requesting more 
than $10,000,000 in any fiscal year, the P–1, Pro-
curement Program; P–5, Cost Analysis; P–5a, Pro-
curement History and Planning; P–21, Production 
Schedule; and P–40, Budget Item Justification. 
(2) For research, development, test and evalua-
tion projects requesting more than $5,000,000 in 
any fiscal year, the R–1, Research, Development, 
Test and Evaluation Program; R–2, Research, De-
velopment, Test and Evaluation Budget Item Jus-
tification; R–3, Research, Development, Test and 
Evaluation Project Cost Analysis; and R–4, Re-
search, Development, Test and Evaluation Program 
Schedule Profile. 
SEC. 8087. Notwithstanding any other provision of 
this Act, due to an excessive level of funded carryover at 
Army depots, the total amount appropriated to ‘‘Operation 
and Maintenance, Army’’, in title II of this Act is hereby 
reduced by $1,207,400,000, and the total amount appro-
priated to ‘‘Other Procurement, Army’’, in title III of this 
Act is hereby reduced by $1,253,500,000. 
SEC. 8088. (a) Not later than 60 days after the date 
of enactment of this Act, the Director of National Intel-
ligence shall submit a report to the congressional intel-
ligence committees to establish the baseline for application 
of reprogramming and transfer authorities for fiscal year 
2013: Provided, That the report shall include—
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation by Expenditure Center and project; and 
(3) an identification of items of special congres-
sional interest. 
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence 
certifies in writing to the congressional intelligence com-
mittees that such reprogramming or transfer is necessary 
as an emergency requirement. 
SEC. 8089. (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; 
(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. 8090. The Director of National Intelligence 
shall submit to Congress each year, at or about the time 
that the President’s budget is submitted to Congress that 
year under section 1105(a) of title 31, United States
Code, a future-years intelligence program (including asso-
ciated annexes) reflecting the estimated expenditures and 
proposed appropriations included in that budget. Any such 
future-years intelligence program shall cover the fiscal 
year with respect to which the budget is submitted and 
at least the four succeeding fiscal years. 
SEC. 8091. For the purposes of this Act, the term 
‘‘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. 8092. 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.
100 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8093. During the current fiscal year, not to ex-
ceed $11,000,000 from each of the appropriations made 
in title II of this Act for ‘‘Operation and Maintenance, 
Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘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. 8094. 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. 8095. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public website of that agency any report 
required to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the 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.
101 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to 
the requesting Committee or Committees of Congress for 
no less than 45 days. 
SEC. 8096. (a) None of the funds appropriated or 
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
102 
battery, intentional infliction of emotional distress, 
false imprisonment, or negligent hiring, supervision, 
or retention. 
(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
103 
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, 
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. 8097. None of the funds made available under 
this Act may be distributed to the Association of Commu-
nity Organizations for Reform Now (ACORN) or its sub-
sidiaries. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8098. From within the funds appropriated for 
operation and maintenance for the Defense Health 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-
104 
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 
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. 8099. The Office of the Director of National 
Intelligence shall not employ more Senior Executive em-
ployees than are specified in the classified annex. 
SEC. 8100. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to pay a retired general or flag officer to serve 
as a senior mentor advising the Department of Defense 
unless such retired officer files a Standard Form 278 (or 
successor form concerning public financial disclosure 
under part 2634 of title 5, Code of Federal Regulations) 
to the Office of Government Ethics.
105 
SEC. 8101. Appropriations available to the Depart-
ment of Defense may be used for the purchase of heavy 
and light armored vehicles for the physical security of per-
sonnel or for force protection purposes up to a limit of 
$250,000 per vehicle, notwithstanding price or other limi-
tations applicable to the purchase of passenger carrying 
vehicles. 
SEC. 8102. 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) $33,000,000 
for addressing the need for construction of a mental health 
and substance abuse facility and construction of a regional 
public health laboratory; and (2) $106,400,000 for ad-
dressing the need for civilian water and wastewater im-
provements: 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
106 
defense committees in writing of the details of any such 
obligation. 
SEC. 8103. 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 2,000 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 
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: Pro-
vided further, That the Secretary of Defense shall imple-
ment the Department of Defense Inspector General rec-
ommendations outlined in report number DODIG–2012– 
024, and certify to Congress not later than 180 days after
107 
enactment of this Act that the recommendations have been 
implemented. 
SEC. 8104. Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall resume monthly 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. 8105. 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-
aration of the National Intelligence Program budget from 
the Department of Defense budget. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8106. 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
108 
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. 8107. 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 
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
109 
be made available for a school unless its enrollment of De-
partment of Defense-connected children is greater than 50 
percent. 
SEC. 8108. 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, Guantanamo 
Bay, Cuba, by the Department of Defense. 
SEC. 8109. (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 Guantanamo 
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 
Guantanamo to effectuate—
110 
(A) an order affecting the disposition of the indi-
vidual that is issued by a court or competent tribunal of 
the United States having lawful jurisdiction (which the 
Secretary
shall
notify
Congress
of
promptly
after 
issuance); or 
(B) a pre-trial agreement entered in a military com-
mission 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— 
(1) the government of the foreign country or the rec-
ognized leadership of the foreign entity to which the indi-
vidual detained at Guantanamo is to be transferred— 
(A) is not a designated state sponsor of ter-
rorism or a designated foreign terrorist organization; 
(B) maintains control over each detention facil-
ity 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 certification, 
facing a threat that is likely to substantially affect 
its ability to exercise control over the individual; 
(D) has taken or agreed to take effective ac-
tions to ensure that the individual cannot take ac-
111 
tion to threaten the United States, its citizens, or its 
allies in the future; 
(E) has taken or agreed to take such actions as 
the Secretary of Defense determines are necessary to 
ensure that the individual cannot engage or re-
engage in any terrorist activity; and 
(F) has agreed to share with the United States 
any information that— 
(i) is related to the individual or any asso-
ciates 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 unclassi-
fied form, of the capacity, willingness, and past practices 
(if applicable) of the foreign country or entity 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 Guantanamo 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, Guantanamo Bay, Cuba, 
at any time after September 11, 2001, who was trans-
112 
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 
Guantanamo to effectuate— 
(A) an order affecting the disposition of the indi-
vidual that is issued by a court or competent tribunal of 
the United States having lawful jurisdiction (which the 
Secretary
shall
notify
Congress
of
promptly
after 
issuance); or 
(B) a pre-trial agreement entered in a military com-
mission 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 requirements to 
be waived;
113 
(B) in the case of a waiver of subparagraph (D) or 
(E) of subsection (b)(1), it is not possible to certify that 
the risks addressed in the paragraph to be waived have 
been completely eliminated, but the actions to be taken 
under subparagraph (A) will substantially mitigate such 
risks with regard to the individual to be transferred; 
(C) in the case of a waiver of subsection (c), the Sec-
retary has considered any confirmed case in which an indi-
vidual 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 trans-
ferred; and 
(D) the transfer is in the national security interests 
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 con-
cerned. 
(B) A statement of the basis for the determination, 
including—
114 
(i) an explanation why the transfer is in the na-
tional security interests of the United States; and 
(ii) in the case of a waiver of subparagraph (D) 
or (E) of subsection (b)(1), an explanation why it is 
not possible to certify that the risks 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 Congress’’ 
means— 
(A) the Committee on Armed Services, the 
Committee on Appropriations, and the Select Com-
mittee on Intelligence of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Appropriations, and the Permanent 
Select Committee on Intelligence of the House of 
Representatives. 
(2) The term ‘‘individual detained at Guantanamo’’ 
means any individual located at United States Naval Sta-
115 
tion, Guantanamo Bay, Cuba, as of October 1, 2009, 
who— 
(A) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(B) is— 
(i) in the custody or under the control of 
the Department of Defense; or 
(ii) otherwise under detention at United 
States Naval Station, Guantanamo Bay. 
(3) The term ‘‘foreign terrorist organization’’ means 
any organization so designated by the Secretary of State 
under section 219 of the Immigration and Nationality Act 
(8 U.S.C. 1189). 
SEC. 8110. (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, Guantanamo Bay, Cuba.
116 
(c) An individual described in this subsection is any 
individual who, as of June 24, 2009, is located at United 
States Naval Station, Guantanamo 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, Guantanamo Bay, Cuba. 
SEC. 8111. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration that any unpaid Federal tax liability that has 
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.
117 
SEC. 8112. 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. 8113. 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. 8114. 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-
118 
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. 8115. 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. 8116. 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. 
SEC. 8117. 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. 
SEC. 8118. None of the funds made available by this 
Act shall be used to retire C–23 Sherpa aircraft. 
SEC. 8119. 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-
119 
priated or made available by this Act for such pay reduced 
by $258,524,000. 
SEC. 8120. None of the funds appropriated, or other-
wise made available in this Act may be used to transfer 
a veterans memorial object to a foreign country or an enti-
ty controlled by a foreign government, or otherwise trans-
fer or convey such an object to any person or entity for 
purposes of the ultimate transfer or conveyance of the ob-
ject to a foreign country or entity controlled by a foreign 
government, unless such transfer is specifically authorized 
by law. 
TITLE IX 
OVERSEAS DEPLOYMENTS AND OTHER 
ACTIVITIES 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $9,165,082,000 (increased by $98,697,000): Pro-
vided, 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. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $870,425,000 (increased by $9,373,000): Pro-
120 
vided, 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. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine
Corps’’,
$1,623,356,000
(increased
by 
$17,482,000): 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. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $1,286,783,000 (increased by $13,857,000): 
Provided, 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. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $156,893,000 (increased by $1,690,000): Pro-
vided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
121 
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $39,335,000 (increased by $424,000): 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. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, 
Marine Corps’’, $24,722,000 (increased by $266,000): 
Provided, 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. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, 
Air Force’’, $25,348,000 (increased by $273,000): Pro-
vided, 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.
122 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $583,804,000 (increased by $6,287,000): 
Provided, 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. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Per-
sonnel, Air Force’’, $10,473,000 (increased by $113,000): 
Provided, 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. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $26,682,437,000: 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.
123 
OPERATION AND MAINTENANCE, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Operation and Main-
tenance,
Navy’’,
$5,880,395,000,
of
which
up
to 
$254,461,000 may be transferred to the Coast Guard 
‘‘Operating Expenses’’ account: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $4,566,340,000: 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, AIR FORCE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $9,136,236,000: 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.
124 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $7,790,579,000: Provided, That 
of the funds provided under this heading, not to exceed 
$1,750,000,000, to remain available until September 30, 
2014, shall be for payments to reimburse key cooperating 
nations for logistical, military, and other support, includ-
ing access, provided to United States military operations 
in support of Operation Enduring Freedom, notwith-
standing 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 Secretary of State, and in consultation with the Di-
rector of the Office of Management and Budget, may de-
termine, in his discretion, based on documentation deter-
mined by the Secretary of Defense to adequately account 
for the support provided, and such determination is final 
and conclusive upon the accounting officers of the United 
States, and 15 days following notification to the appro-
priate congressional committees: Provided further, That 
the requirement under this heading to provide notification 
shall not apply with respect to a reimbursement for access 
based on an international agreement: Provided further, 
That these funds may be used for the purpose of providing 
specialized training and procuring supplies and specialized
125 
equipment and providing such supplies and loaning such 
equipment on a non-reimbursable basis to coalition forces 
supporting United States military operations in Afghani-
stan, and 15 days following notification to the appropriate 
congressional committees: Provided further, That the Sec-
retary of Defense shall provide quarterly reports to the 
congressional defense committees on the use of funds pro-
vided in this paragraph: Provided further, 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, ARMY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Army Reserve’’, $152,387,000 (increased by 
$5,500,000): 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. 
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-
126 
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. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force Reserve’’, $120,618,000: 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, ARMY NATIONAL 
GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Army National Guard’’, $382,448,000 (increased 
by $10,000,000): Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section
127 
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. 
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
In addition to amounts provided elsewhere in this 
Act, there is appropriated $3,250,000,000 (reduced by 
$18,500,000) for the ‘‘Overseas Contingency Operations 
Transfer Fund’’ for expenses directly relating to overseas 
contingency operations by United States military forces, 
to be available until expended: Provided, That of the funds 
made available in this section, the Secretary of Defense 
may transfer these funds only to military personnel ac-
counts, operation and maintenance accounts, procurement 
accounts, and working capital fund accounts: Provided fur-
ther, That the funds made available in this paragraph may 
only be used for programs, projects, or activities cat-
egorized as Overseas Contingency Operations in the fiscal 
year 2013 budget request for the Department of Defense
128 
and the justification material 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 com-
mittees 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 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 appro-
priated: Provided further, That such amount is designated 
by the Congress for Overseas Contingency Operations/ 
Global
War
on
Terrorism
pursuant
to
section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
AFGHANISTAN INFRASTRUCTURE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For
the
‘‘Afghanistan
Infrastructure
Fund’’, 
$375,000,000 (reduced by $175,000,000), to remain 
available until September 30, 2014: Provided, That such
129 
funds shall be available to the Secretary of Defense for 
infrastructure projects in Afghanistan, notwithstanding 
any other provision of law, which shall be undertaken by 
the Secretary of State, unless the Secretary of State and 
the Secretary of Defense jointly 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 require funding for facility and infra-
structure projects, including, but not limited to, water, 
power, and transportation projects and related mainte-
nance and sustainment costs: Provided further, That the 
authority to undertake such infrastructure projects is in 
addition to any other authority to provide assistance to 
foreign nations: Provided further, That any projects fund-
ed under this heading shall be jointly formulated and con-
curred in by the Secretary of State and Secretary of De-
fense: 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 authori-
ties contained in that Act: Provided further, That the 
transfer authority in the preceding proviso is in addition 
to any other authority available to the Department of De-
130 
fense to transfer funds: Provided further, That any unex-
pended funds transferred to the Secretary of State under 
this authority shall be returned to the Afghanistan Infra-
structure Fund if the Secretary of State, in coordination 
with the Secretary of Defense, determines that the project 
cannot be implemented for any reason, or that the project 
no longer supports the counterinsurgency strategy in Af-
ghanistan: Provided further, That any funds returned to 
the Secretary of Defense under the previous proviso shall 
be available for use under this appropriation and shall be 
treated in the same manner as funds not transferred to 
the Secretary of State: Provided further, That contribu-
tions of funds for the purposes provided herein to the Sec-
retary of State in accordance with section 635(d) of the 
Foreign Assistance Act from any person, foreign govern-
ment, or international organization may be credited to this 
Fund, to remain available until expended, and used for 
such purposes: Provided further, That the Secretary of De-
fense shall, not fewer than 15 days prior to making trans-
fers to or from, or obligations from the Fund, notify the 
appropriate committees of Congress in writing of the de-
tails of any such transfer: Provided further, That the ‘‘ap-
propriate committees of Congress’’ are the Committees on 
Armed Services, Foreign Relations and Appropriations of 
the Senate and the Committees on Armed Services, For-
131 
eign Affairs and Appropriations of the House of Rep-
resentatives: 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. 
AFGHANISTAN SECURITY FORCES FUND 
For
the
‘‘Afghanistan
Security
Forces
Fund’’, 
$5,026,500,000 (reduced by $412,287,000) (reduced by 
$22,000,000), to remain available until September 30, 
2014: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
of law, for the purpose of allowing the Commander, Com-
bined Security Transition Command-Afghanistan, or the 
Secretary’s designee, to provide assistance, with the 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
132 
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 
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’’, $541,600,000, 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
133 
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’’, $49,653,000, to remain available until September 
30, 2015: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $15,422,000, 
to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for 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
134 
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’’, $2,005,907,000, 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, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $146,277,000, 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
135 
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’’, $284,450,000, to re-
main available until September 30, 2015: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, 
Navy’’, $98,882,000, to remain available until September 
30, 2015: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $943,683,000, 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
136 
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. 
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
137 
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’’, $2,785,170,000, 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. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $217,849,000, 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. 
RESEARCH, DEVELOPMENT, TEST, AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $14,860,000, to re-
main available until September 30, 2014: Provided, That
138 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $60,119,000, to re-
main available until September 30, 2014: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $53,150,000, to 
remain available until September 30, 2014: Provided, 
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.
139 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment,
Test
and
Evaluation,
Defense-Wide’’, 
$107,387,000, to remain available until September 30, 
2014: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working 
Capital Funds’’, $293,600,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $993,898,000 (increased by $10,000,000), which 
shall be for operation and maintenance, to remain avail-
able until September 30, 2014: Provided, That such 
amount is designated by the Congress for Overseas Con-
140 
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. 
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 an additional amount for the ‘‘Joint Improvised 
Explosive Device Defeat Fund’’, $1,614,900,000, to re-
main available until September 30, 2015: Provided, That 
such funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, for the pur-
pose of allowing the Director of the Joint Improvised Ex-
plosive Device Defeat Organization to investigate, develop 
and provide equipment, supplies, services, training, facili-
ties, personnel and funds to assist United States forces 
in the defeat of improvised explosive devices: Provided fur-
ther, That the Secretary of Defense may transfer funds
141 
provided herein to appropriations for military personnel; 
operation and maintenance; procurement; research, devel-
opment, test and evaluation; and defense working capital 
funds to accomplish the purpose provided herein: Provided 
further, That this transfer authority is in addition to any 
other transfer authority available to the Department of 
Defense: Provided further, That the Secretary of Defense 
shall, not fewer than 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 Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the 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 
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
142 
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 
$3,000,000,000 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-
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
143 
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 $250,000,000 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-
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
144 
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-
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
145 
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-
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.
146 
(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-
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
147 
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-
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-
148 
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 $88,000,000 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 
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
149 
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 not less than 
15 days before making funds available pursuant to the au-
thority provided in this section, the Secretary shall submit 
to the congressional defense committees a written notice 
containing a detailed justification and timeline for each 
proposed site. 
(AVAILABILITY OF FUNDS) 
SEC. 9013. Each amount designated in this Act 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 shall be available (or rescinded, if applicable) only 
if the President subsequently so designates all such 
amounts and transmits such designations to the Congress. 
(RESCISSIONS) 
SEC. 9014. 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-
150 
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, 
2009/20XX’’, $79,900,000; and 
‘‘Afghanistan
Security
Forces
Fund,
2012/ 
20XX’’, $500,000,000. 
SEC. 9015. None of the funds appropriated or other-
wise made available by this Act under the heading ‘‘Oper-
ation and Maintenance, Defense-Wide’’ for payments 
under section 1233 of Public Law 110–181 for reimburse-
ment to the Government of Pakistan may be made avail-
able unless the Secretary of Defense, in coordination with 
the Secretary of State certifies to the Committees on Ap-
propriations 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, 
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
151 
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. 
TITLE X 
ADDITIONAL GENERAL PROVISIONS 
SPENDING REDUCTION ACCOUNT 
SEC. 10001. The amount by which the applicable al-
location of new budget authority made by the Committee 
on Appropriations of the House of Representatives under 
section 302(b) of the Congressional Budget Act of 1974 
exceeds the amount of proposed new budget authority is 
$0 (increased by $175,000,000). 
SEC. 10002. None of the funds made available by this 
Act may be used to operate an unmanned aircraft system
152 
except in accordance with the Fourth Amendment of the 
Constitution. 
SEC. 10003. 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. 10004. None of the funds made available by this 
Act may be used to propose, plan for, or execute an addi-
tional Base Realignment and Closure (BRAC) round. 
SEC. 10005. The amounts otherwise provided in title 
IX of this Act are revised by reducing the amount made 
available for ‘‘Operation and Maintenance, Defense-Wide’’ 
and the amount under that heading for payments to reim-
burse key cooperating nations for logistical, military and 
other support by $650,000,000, respectively. 
SEC. 10006. None of the funds made available by this 
Act may be used to remove any portion of the Mount 
Soledad Veterans Memorial in San Diego, California. 
SEC. 10007. None of the funds made available by this 
Act may be may be obligated or expended for assistance 
to the following entities: 
(1) The Government of Iran. 
(2) The Government of Syria. 
(3) Hamas.
153 
(4) Hizbullah. 
(5) The Muslim Brotherhood. 
SEC. 10008. None of the funds made available by this 
Act may be used by the Department of Defense or a com-
ponent thereof to provide the government of the Russian 
Federation with any information about the missile defense 
systems of the United States that is classified by the De-
partment or component thereof. 
SEC. 10009. None of the funds made available by this 
Act may be used to enforce section 526 of the Energy 
Independence and Security Act of 2007 (Public Law 110– 
140; 42 U.S.C. 17142). 
SEC. 10010. 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. 10011. 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. 10012. 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 Federal Awardee Performance
154 
and Integrity Information System (‘‘FAPIIS’’) as having 
been convicted of fraud against the Federal Government. 
SEC. 10013. None of the funds made available by this 
Act may be used in contravention of section 7 of title 1, 
United States Code. 
SEC. 10014. 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 
Rosoboronexport. 
SEC. 10015. None of the funds made available by this 
Act may be used to— 
(1) reduce the nuclear forces of the United 
States in contravention of section 303(b) of the 
Arms Control and Disarmament Act (22 U.S.C. 
2573(b)); or 
(2) implement the Nuclear Posture Review Im-
plementation Study or modify the Secretary of De-
fense Guidance for Employment of Force, Annex B, 
or the Joint Strategic Capabilities Plan, Annex N. 
SEC. 10016. None of the funds made available by this 
Act may be used to reduce the number of the following 
nuclear weapons delivery vehicles of the United States: 
(1) Heavy bomber aircraft. 
(2) Air-launched cruise missiles.
155 
(3)
Nuclear-powered
ballistic
missile
sub-
marines. 
(4) Submarine-launched ballistic missiles. 
(5) Intercontinental ballistic missiles. 
SEC. 10017. (a) Appropriations made in this Act are 
hereby reduced in the amount of $1,072,581,000. 
(b) The reduction in subsection (a) shall not apply 
to amounts made available for— 
(1) accounts in title I; 
(2) ‘‘Other Department of Defense Programs— 
Defense Health Program’’; and 
(3) accounts in title IX. 
SEC. 10018. The amounts otherwise provided in title 
IX of this Act are revised by reducing the amount made 
available for ‘‘Military Personnel, Army’’, by increasing 
such amount, by reducing the amount made available for 
‘‘Military Personnel, Marine Corps’’, and by increasing 
such
amount,
by 
$4,359,624,000,$4,359,624,000,$1,197,682,000,
and 
$1,197,682,000, respectively. 
SEC. 10019. None of the funds made available by this 
Act may be used by the Secretary of Defense to implement 
an enrollment fee for the TRICARE for Life program 
under chapter 55 of title 10, United States Code, that 
does not exist as of the date of the enactment of this Act.
156 
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2013’’. 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
Department of Defense for the fiscal year ending September 
30, 2013, and for other purposes, namely: 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Army on active 
duty, (except members of reserve components provided for 
elsewhere), cadets, and aviation cadets; for members of the 
Reserve Officers’ Training Corps; and for payments pursu-
ant to section 156 of Public Law 97–377, as amended (42 
U.S.C. 402 note), and to the Department of Defense Mili-
tary Retirement Fund, $40,157,392,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between
157 
permanent duty stations, for members of the Navy on active 
duty (except members of the Reserve provided for elsewhere), 
midshipmen, and aviation cadets; for members of the Re-
serve Officers’ Training Corps; and for payments pursuant 
to section 156 of Public Law 97–377, as amended (42 
U.S.C. 402 note), and to the Department of Defense Mili-
tary Retirement Fund, $26,989,384,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Marine Corps 
on active duty (except members of the Reserve provided for 
elsewhere); and for payments pursuant to section 156 of 
Public Law 97–377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, 
$12,529,469,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Air Force on 
active duty (except members of reserve components provided
158 
for elsewhere), cadets, and aviation cadets; for members of 
the Reserve Officers’ Training Corps; and for payments 
pursuant to section 156 of Public Law 97–377, as amended 
(42 U.S.C. 402 note), and to the Department of Defense 
Military Retirement Fund, $28,053,829,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Re-
serve on active duty under sections 10211, 10302, and 3038 
of title 10, United States Code, or while serving on active 
duty under section 12301(d) of title 10, United States Code, 
in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty or other duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments 
to the Department of Defense Military Retirement Fund, 
$4,341,823,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10, United 
States Code, or while serving on active duty under section 
12301(d) of title 10, United States Code, in connection with 
performing duty specified in section 12310(a) of title 10,
159 
United States Code, or while undergoing reserve training, 
or while performing drills or equivalent duty, and expenses 
authorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military 
Retirement Fund, $1,875,598,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Marine 
Corps Reserve on active duty under section 10211 of title 
10, United States Code, or while serving on active duty 
under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty, and for members of the Marine Corps platoon 
leaders class, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the De-
partment 
of 
Defense 
Military 
Retirement 
Fund, 
$659,621,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Force 
Reserve on active duty under sections 10211, 10305, and 
8038 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States
160 
Code, in connection with performing duty specified in sec-
tion 12310(a) of title 10, United States Code, or while un-
dergoing reserve training, or while performing drills or 
equivalent duty or other duty, and expenses authorized by 
section 16131 of title 10, United States Code; and for pay-
ments to the Department of Defense Military Retirement 
Fund, $1,728,505,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Na-
tional Guard while on duty under section 10211, 10302, 
or 12402 of title 10 or section 708 of title 32, United States 
Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments 
to the Department of Defense Military Retirement Fund, 
$8,005,077,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Na-
tional Guard on duty under section 10211, 10305, or 12402
161 
of title 10 or section 708 of title 32, United States Code, 
or while serving on duty under section 12301(d) of title 10 
or section 502(f) of title 32, United States Code, in connec-
tion with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, 
or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United 
States Code; and for payments to the Department of Defense 
Military Retirement Fund, $3,161,765,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Army, as authorized 
by law; and not to exceed $12,478,000 can be used for emer-
gencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Army, and 
payments may be made on his certificate of necessity for 
confidential military purposes, $33,804,145,000. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Navy and the Marine 
Corps, as authorized by law; and not to exceed $14,804,000 
can be used for emergencies and extraordinary expenses, to 
be expended on the approval or authority of the Secretary
162 
of the Navy, and payments may be made on his certificate 
of 
necessity 
for 
confidential 
military 
purposes, 
$40,479,556,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Marine Corps, as au-
thorized by law, $5,894,963,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Air Force, as author-
ized by law; and not to exceed $7,699,000 can be used for 
emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of the Air Force, 
and payments may be made on his certificate of necessity 
for confidential military purposes, $34,983,793,000. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of activities and agencies 
of the Department of Defense (other than the military de-
partments), as authorized by law, $31,331,839,000: Pro-
vided, That not more than $30,000,000 may be used for 
the Combatant Commander Initiative Fund authorized 
under section 166a of title 10, United States Code: Provided 
further, That not to exceed $36,000,000 can be used for
163 
emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of Defense, and 
payments may be made on his certificate of necessity for 
confidential military purposes: Provided further, That of 
the funds provided under this heading, not less than 
$36,480,000 shall be made available for the Procurement 
Technical Assistance Cooperative Agreement Program, of 
which not less than $3,600,000 shall be available for centers 
defined in 10 U.S.C. 2411(1)(D): Provided further, That 
none of the funds appropriated or otherwise made available 
by this Act may be used to plan or implement the consolida-
tion of a budget or appropriations liaison office of the Office 
of the Secretary of Defense, the office of the Secretary of 
a military department, or the service headquarters of one 
of the Armed Forces into a legislative affairs or legislative 
liaison office: Provided further, That $8,563,000, to remain 
available until expended, is available only for expenses re-
lating to certain classified activities, and may be trans-
ferred as necessary by the Secretary of Defense to operation 
and maintenance appropriations or research, development, 
test and evaluation appropriations, to be merged with and 
to be available for the same time period as the appropria-
tions to which transferred: Provided further, That any ceil-
ing on the investment item unit cost of items that may be 
purchased with operation and maintenance funds shall not
164 
apply to the funds described in the preceding proviso: Pro-
vided further, That the transfer authority provided under 
this heading is in addition to any other transfer authority 
provided elsewhere in this Act. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
zation, and administration, of the Army Reserve; repair of 
facilities and equipment; hire of passenger motor vehicles; 
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $3,140,508,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
zation, and administration, of the Navy Reserve; repair of 
facilities and equipment; hire of passenger motor vehicles; 
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $1,246,982,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
zation, and administration, of the Marine Corps Reserve; 
repair of facilities and equipment; hire of passenger motor
165 
vehicles; travel and transportation; care of the dead; recruit-
ing; procurement of services, supplies, and equipment; and 
communications, $272,285,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
zation, and administration, of the Air Force Reserve; repair 
of facilities and equipment; hire of passenger motor vehicles; 
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $3,227,382,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and 
hospital treatment and related expenses in non-Federal hos-
pitals; maintenance, operation, and repairs to structures 
and facilities; hire of passenger motor vehicles; personnel 
services in the National Guard Bureau; travel expenses 
(other than mileage), as authorized by law for Army per-
sonnel on active duty, for Army National Guard division, 
regimental, and battalion commanders while inspecting 
units in compliance with National Guard Bureau regula-
tions when specifically authorized by the Chief, National 
Guard Bureau; supplying and equipping the Army Na-
tional Guard as authorized by law; and expenses of repair,
166 
modification, maintenance, and issue of supplies and 
equipment (including aircraft), $7,075,042,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For expenses of training, organizing, and admin-
istering the Air National Guard, including medical and 
hospital treatment and related expenses in non-Federal hos-
pitals; maintenance, operation, and repairs to structures 
and facilities; transportation of things, hire of passenger 
motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modifica-
tion, maintenance, and issue of supplies and equipment, 
including those furnished from stocks under the control of 
agencies of the Department of Defense; travel expenses (other 
than mileage) on the same basis as authorized by law for 
Air National Guard personnel on active Federal duty, for 
Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when 
specifically authorized by the Chief, National Guard Bu-
reau, $6,493,155,000. 
UNITED STATES COURT OF APPEALS FOR THE ARMED 
FORCES 
For salaries and expenses necessary for the United 
States Court of Appeals for the Armed Forces, $13,516,000, 
of which not to exceed $5,000 may be used for official rep-
resentation purposes.
167 
ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $335,921,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds 
are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar 
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of the Army, to be merged with and to be available 
for the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred 
back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addi-
tion to any other transfer authority provided elsewhere in 
this Act. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Navy, $310,594,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such funds
168 
are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar 
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of the Navy, to be merged with and to be available 
for the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred 
back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addi-
tion to any other transfer authority provided elsewhere in 
this Act. 
ENVIRONMENTAL RESTORATION, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $529,263,000, 
to remain available until transferred: Provided, That the 
Secretary of the Air Force shall, upon determining that 
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of unsafe 
buildings and debris of the Department of the Air Force, 
or for similar purposes, transfer the funds made available 
by this appropriation to other appropriations made avail-
170 
vided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer author-
ity provided under this heading is in addition to any other 
transfer authority provided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, FORMERLY USED 
DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $287,543,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds 
are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of De-
fense, transfer the funds made available by this appropria-
tion to other appropriations made available to the Depart-
ment of the Army, to be merged with and to be available 
for the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred 
back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addi-
tion to any other transfer authority provided elsewhere in 
this Act.
171 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, 
Disaster, and Civic Aid programs of the Department of De-
fense (consisting of the programs provided under sections 
401, 402, 404, 407, 2557, and 2561 of title 10, United 
States Code), $108,759,000, to remain available until Sep-
tember 30, 2014. 
COOPERATIVE THREAT REDUCTION ACCOUNT 
For assistance to the republics of the former Soviet 
Union and, with appropriate authorization by the Depart-
ment of Defense and Department of State, to countries out-
side of the former Soviet Union, including assistance pro-
vided by contract or by grants, for facilitating the elimi-
nation and the safe and secure transportation and storage 
of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons 
components, and weapon-related technology and expertise; 
for programs relating to the training and support of defense 
and military personnel for demilitarization and protection 
of weapons, weapons components and weapons technology 
and expertise, and for defense and military contacts, 
$519,111,000, to remain available until September 30, 
2015.
172 
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 
DEVELOPMENT FUND 
For the Department of Defense Acquisition Workforce 
Development Fund, $720,000,000. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$5,414,061,000, to remain available for obligation until 
September 30, 2015. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including 
ordnance, ground handling equipment, spare parts, and ac-
173 
cessories therefor; specialized equipment and training de-
vices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$1,429,665,000, to remain available for obligation until 
September 30, 2015. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For construction, procurement, production, and modi-
fication of weapons and tracked combat vehicles, equipment, 
including ordnance, spare parts, and accessories therefor; 
specialized equipment and training devices; expansion of 
public and private plants, including the land necessary 
therefor, for the foregoing purposes, and such lands and in-
terests therein, may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement 
and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes,
174 
$1,687,823,000, to remain available for obligation until 
September 30, 2015. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized 
equipment and training devices; expansion of public and 
private plants, including ammunition facilities, authorized 
by section 2854 of title 10, United States Code, and the 
land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$1,624,380,000, to remain available for obligation until 
September 30, 2015. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modi-
fication of vehicles, including tactical, support, and non- 
tracked combat vehicles; the purchase of passenger motor ve-
hicles for replacement only; communications and electronic 
equipment; other support equipment; spare parts, ordnance, 
and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including
175 
the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing 
purposes, $4,980,209,000, to remain available for obligation 
until September 30, 2015. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and in-
stallation of equipment, appliances, and machine tools in 
public and private plants; reserve plant and Government 
and 
contractor-owned 
equipment 
layaway, 
$16,936,358,000, to remain available for obligation until 
September 30, 2015. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
176 
ons, and related support equipment including spare parts, 
and accessories therefor; expansion of public and private 
plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway, 
$3,066,919,000, to remain available for obligation until 
September 30, 2015. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized 
equipment and training devices; expansion of public and 
private plants, including ammunition facilities, authorized 
by section 2854 of title 10, United States Code, and the 
land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes,
177 
$719,154,000, to remain available for obligation until Sep-
tember 30, 2015. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public 
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical, 
long lead time components and designs for vessels to be con-
structed or converted in the future; and expansion of public 
and private plants, including land necessary therefor, and 
such lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title, as 
follows: 
Carrier Replacement Program, $564,371,000; 
Virginia Class Submarine, $3,217,601,000; 
Virginia Class Submarine (AP), $1,652,557,000; 
CVN Refueling Overhaul, $1,613,392,000; 
CVN Refueling Overhauls (AP), $70,010,000; 
DDG–1000 Program, $669,222,000; 
DDG–51 Destroyer, $4,048,658,000; 
DDG–51 Destroyer (AP), $466,283,000; 
Littoral Combat Ship, $1,784,959,000; 
LPD–17 (AP), $263,255,000;
178 
Joint High Speed Vessel, $189,196,000; 
Moored Training Ship, $307,300,000; 
LCAC 
Service 
Life 
Extension 
Program, 
$85,830,000; and 
For outfitting, post delivery, conversions, and 
first destination transportation, $309,648,000. 
Completion of Prior Year Shipbuilding Pro-
grams, $372,573,000. 
In all: $15,614,855,000, to remain available for obliga-
tion until September 30, 2017: Provided, That additional 
obligations may be incurred after September 30, 2017, for 
engineering services, tests, evaluations, and other such budg-
eted work that must be performed in the final stage of ship 
construction: Provided further, That none of the funds pro-
vided under this heading for the construction or conversion 
of any naval vessel to be constructed in shipyards in the 
United States shall be expended in foreign facilities for the 
construction of major components of such vessel: Provided 
further, That none of the funds provided under this heading 
shall be used for the construction of any naval vessel in 
foreign shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of 
support equipment and materials not otherwise provided 
for, Navy ordnance (except ordnance for new aircraft, new
179 
ships, and ships authorized for conversion); the purchase 
of passenger motor vehicles for replacement only; expansion 
of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-owned 
equipment layaway, $6,170,286,000, to remain available 
for obligation until September 30, 2015. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufac-
ture, and modification of missiles, armament, military 
equipment, spare parts, and accessories therefor; plant 
equipment, appliances, and machine tools, and installation 
thereof in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of passenger 
motor vehicles for replacement only; and expansion of pub-
lic and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, 
$1,334,448,000, to remain available for obligation until 
September 30, 2015.
180 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
aircraft and equipment, including armor and armament, 
specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, Govern-
ment-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior 
to approval of title; reserve plant and Government and con-
tractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes including rents and trans-
portation of things, $11,260,646,000, to remain available 
for obligation until September 30, 2015. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
missiles, spacecraft, rockets, and related equipment, includ-
ing spare parts and accessories therefor, ground handling 
equipment, and training devices; expansion of public and 
private plants, Government-owned equipment and installa-
tion thereof in such plants, erection of structures, and ac-
quisition of land, for the foregoing purposes, and such lands 
and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant
181 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes in-
cluding rents and transportation of things, $4,913,276,000, 
to remain available for obligation until September 30, 
2015. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized 
equipment and training devices; expansion of public and 
private plants, including ammunition facilities, authorized 
by section 2854 of title 10, United States Code, and the 
land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$593,194,000, to remain available for obligation until Sep-
tember 30, 2015. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment, 
and ground electronic and communication equipment), and 
supplies, materials, and spare parts therefor, not otherwise
182 
provided for; the purchase of passenger motor vehicles for 
replacement only; lease of passenger motor vehicles; and ex-
pansion of public and private plants, Government-owned 
equipment and installation thereof in such plants, erection 
of structures, and acquisition of land, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon, prior to ap-
proval of title; reserve plant and Government and con-
tractor-owned equipment layaway, $17,008,348,000, to re-
main available for obligation until September 30, 2015. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) nec-
essary for procurement, production, and modification of 
equipment, supplies, materials, and spare parts therefor, 
not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only; expansion of public and pri-
vate plants, equipment, and installation thereof in such 
plants, erection of structures, and acquisition of land for 
the foregoing purposes, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior 
to approval of title; reserve plant and Government and con-
tractor-owned equipment layaway, $4,692,685,000, to re-
main available for obligation until September 30, 2015.
183 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant 
to sections 108, 301, 302, and 303 of the Defense Production 
Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 
$189,189,000, to remain available until expended. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities 
and equipment, $8,427,588,000, to remain available for ob-
ligation until September 30, 2014. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities 
and equipment, $16,646,307,000, to remain available for 
obligation until September 30, 2014: Provided, That funds 
appropriated in this paragraph which are available for the 
V–22 may be used to meet unique operational requirements 
of the Special Operations Forces: Provided further, That 
funds appropriated in this paragraph shall be available for 
the Cobra Judy program.
184 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR 
FORCE 
For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities 
and equipment, $25,374,286,000, to remain available for 
obligation until September 30, 2014. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), nec-
essary for basic and applied scientific research, develop-
ment, test and evaluation; advanced research projects as 
may be designated and determined by the Secretary of De-
fense, pursuant to law; maintenance, rehabilitation, lease, 
and operation of facilities and equipment, $18,419,129,000, 
to remain available for obligation until September 30, 
2014: Provided, That of the funds made available in this 
paragraph, $200,000,000 for the Defense Rapid Innovation 
Program shall only be available for expenses, not otherwise 
provided for, to include program management and over-
sight, to conduct research, development, test and evaluation 
to include proof of concept demonstration; engineering, test-
ing, and validation; and transition to full-scale production:
185 
Provided further, That the Secretary of Defense may trans-
fer funds provided herein for the Defense Rapid Innovation 
Program to appropriations for research, development, test 
and evaluation to accomplish the purpose provided herein: 
Provided further, That this transfer authority is in addi-
tion to any other transfer authority available to the Depart-
ment of Defense: Provided further, That the Secretary of 
Defense shall, not fewer than 30 days prior to making 
transfers from this appropriation, notify the congressional 
defense committees in writing of the details of any such 
transfer. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for 
the independent activities of the Director, Operational Test 
and Evaluation, in the direction and supervision of oper-
ational test and evaluation, including initial operational 
test and evaluation which is conducted prior to, and in sup-
port of, production decisions; joint operational testing and 
evaluation; and administrative expenses in connection 
therewith, $223,768,000, to remain available for obligation 
until September 30, 2014.
186 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For 
the 
Defense 
Working 
Capital 
Funds, 
$1,516,184,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, projects, 
and activities, and for expenses of the National Defense Re-
serve Fleet, as established by section 11 of the Merchant 
Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the 
necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the 
United States, $697,840,000, to remain available until ex-
pended: Provided, That none of the funds provided in this 
paragraph shall be used to award a new contract that pro-
vides for the acquisition of any of the following major com-
ponents unless such components are manufactured in the 
United States: auxiliary equipment, including pumps, for 
all shipboard services; propulsion system components (en-
gines, reduction gears, and propellers); shipboard cranes; 
and spreaders for shipboard cranes: Provided further, That 
the exercise of an option in a contract awarded through the 
obligation of previously appropriated funds shall not be 
considered to be the award of a new contract: Provided fur-
ther, That the Secretary of the military department respon-
187 
sible for such procurement may waive the restrictions in 
the first proviso on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic 
supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition 
must be made in order to acquire capability for national 
security purposes. 
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical 
and health care programs of the Department of Defense as 
authorized 
by 
law, 
$32,240,788,000; 
of 
which 
$30,707,349,000 shall be for operation and maintenance, of 
which not to exceed 1 percent shall remain available until 
September 30, 2014, and of which up to $15,954,952,000 
may be available for contracts entered into under the 
TRICARE program; of which $506,462,000, to remain 
available for obligation until September 30, 2015, shall be 
for procurement; and of which $1,026,977,000, to remain 
available for obligation until September 30, 2014, shall be 
for research, development, test and evaluation.
188 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE 
For expenses, not otherwise provided for, necessary for 
the destruction of the United States stockpile of lethal chem-
ical agents and munitions in accordance with the provi-
sions of section 1412 of the Department of Defense Author-
ization Act, 1986 (50 U.S.C. 1521), and for the destruction 
of other chemical warfare materials that are not in the 
chemical weapon stockpile, $1,301,786,000, of which 
$635,843,000 shall be for operation and maintenance, of 
which no less than $53,948,000 shall be for the Chemical 
Stockpile Emergency Preparedness Program, consisting of 
$22,214,000 for activities on military installations and 
$31,734,000, to remain available until September 30, 2014, 
to assist State and local governments; $18,592,000 shall be 
for procurement, to remain available until September 30, 
2015, of which $1,823,000 shall be for the Chemical Stock-
pile Emergency Preparedness Program to assist State and 
local governments; and $647,351,000, to remain available 
until September 30, 2014, shall be for research, develop-
ment, test and evaluation, of which $627,705,000 shall only 
be for the Assembled Chemical Weapons Alternatives 
(ACWA) program.
189 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of 
the Department of Defense, for transfer to appropriations 
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for oper-
ation and maintenance; for procurement; and for research, 
development, test and evaluation, $1,138,263,000: Provided, 
That the funds appropriated under this heading shall be 
available for obligation for the same time period and for 
the same purpose as the appropriation to which transferred: 
Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer au-
thority contained elsewhere in this Act. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspec-
tor General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, $332,921,000, of which 
$331,921,000 shall be for operation and maintenance, of
190 
which not to exceed $700,000 is available for emergencies 
and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may 
be made on the Inspector General’s certificate of necessity 
for confidential military purposes; of which $1,000,000, to 
remain available until September 30, 2015, shall be for pro-
curement. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM FUND 
For payment to the Central Intelligence Agency Retire-
ment and Disability System Fund, to maintain the proper 
funding level for continuing the operation of the Central 
Intelligence Agency Retirement and Disability System, 
$514,000,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For necessary expenses of the Intelligence Community 
Management Account, $542,346,000. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained 
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress.
191 
SEC. 8002. During the current fiscal year, provisions 
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States 
shall not apply to personnel of the Department of Defense: 
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of 
Defense funded by this Act shall not be at a rate in excess 
of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is com-
puted under the provisions of section 5332 of title 5, United 
States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employ-
ees, whichever is higher: Provided further, That this section 
shall not apply to Department of Defense foreign service 
national employees serving at United States diplomatic 
missions whose pay is set by the Department of State under 
the Foreign Service Act of 1980: Provided further, That the 
limitations of this provision shall not apply to foreign na-
tional employees of the Department of Defense in the Re-
public of Turkey. 
SEC. 8003. No part of any appropriation contained 
in this Act shall remain available for obligation beyond the 
current fiscal year, unless expressly so provided herein. 
SEC. 8004. No more than 20 percent of the appropria-
tions in this Act which are limited for obligation during
192 
the current fiscal year shall be obligated during the last 2 
months of the fiscal year: Provided, That this section shall 
not apply to obligations for support of active duty training 
of reserve components or summer camp training of the Re-
serve Officers’ Training Corps. 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of 
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Management 
and Budget, transfer not to exceed $5,000,000,000 of work-
ing capital funds of the Department of Defense or funds 
made available in this Act to the Department of Defense 
for military functions (except military construction) be-
tween such appropriations or funds or any subdivision 
thereof, to be merged with and to be available for the same 
purposes, and for the same time period, as the appropria-
tion or fund to which transferred: Provided, That such au-
thority to transfer may not be used unless for higher pri-
ority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no case 
where the item for which funds are requested has been de-
nied by the Congress: Provided further, That the Secretary 
of Defense shall notify the Congress promptly of all transfers 
made pursuant to this authority or any other authority in 
this Act: Provided further, That no part of the funds in
193 
this Act shall be available to prepare or present a request 
to the Committees on Appropriations for reprogramming 
of funds, unless for higher priority items, based on unfore-
seen military requirements, than those for which originally 
appropriated and in no case where the item for which re-
programming is requested 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: Provided fur-
ther, That transfers among military personnel appropria-
tions shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred 
under this section. 
SEC. 8006. (a) With regard to the list of specific pro-
grams, projects, and activities (and the dollar amounts and 
adjustments to budget activities corresponding to such pro-
grams, projects, and activities) contained in the tables titled 
‘‘Committee Recommended Adjustments’’ in the explana-
tory statement regarding this Act, the obligation and ex-
penditure of amounts appropriated or otherwise made 
available in this Act for those programs, projects, and ac-
tivities for which the amounts appropriated exceed the 
amounts requested are hereby required by law to be carried 
out in the manner provided by such tables to the same ex-
tent as if the tables were included in the text of this Act.
194 
(b) Amounts specified in the referenced tables described 
in subsection (a) shall not be treated as subdivisions of ap-
propriations for purposes of section 8005 of this Act: Pro-
vided, That section 8005 shall apply when transfers of the 
amounts described in subsection (a) occur between appro-
priation accounts. 
SEC. 8007. (a) Not later than 60 days after enactment 
of this Act, the Department of Defense shall submit a report 
to the congressional defense committees to establish the base-
line for application of reprogramming and transfer au-
thorities for fiscal year 2013: Provided, That the report 
shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) a delineation in the table for each appropria-
tion both by budget activity and program, project, 
and activity as detailed in the Budget Appendix; and 
(3) an identification of items of special congres-
sional interest. 
(b) Notwithstanding section 8005 of this Act, none of 
the funds provided in this Act shall be available for re-
programming or transfer until the report identified in sub-
195 
section (a) is submitted to the congressional defense commit-
tees, unless the Secretary of Defense certifies in writing to 
the congressional defense committees that such reprogram-
ming or transfer is necessary as an emergency requirement. 
(TRANSFER OF FUNDS) 
SEC. 8008. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, United 
States Code, may be maintained in only such amounts as 
are necessary at any time for cash disbursements to be made 
from such funds: Provided, That transfers may be made be-
tween such funds: Provided further, That transfers may be 
made between working capital funds and the ‘‘Foreign Cur-
rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
ation and Maintenance’’ appropriation accounts in such 
amounts as may be determined by the Secretary of Defense, 
with the approval of the Office of Management and Budget, 
except that such transfers may not be made unless the Sec-
retary of Defense has notified the Congress of the proposed 
transfer. Except in amounts equal to the amounts appro-
priated to working capital funds in this Act, no obligations 
may be made against a working capital fund to procure 
or increase the value of war reserve material inventory, un-
less the Secretary of Defense has notified the Congress prior 
to any such obligation.
196 
SEC. 8009. Funds appropriated by this Act may not 
be used to initiate a special access program without prior 
notification 30 calendar days in advance to the congres-
sional defense committees. 
SEC. 8010. (a) None of the funds provided in this Act 
shall be available to initiate: (1) a multiyear contract that 
employs economic order quantity procurement in excess of 
$20,000,000 in any one year of the contract or that includes 
an unfunded contingent liability in excess of $20,000,000; 
or (2) a contract for advance procurement leading to a 
multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any one year, un-
less the congressional defense committees have been notified 
at least 30 days in advance of the proposed contract award: 
Provided, That no part of any appropriation contained in 
this Act shall be available to initiate a multiyear contract 
for which the economic order quantity advance procurement 
is not funded at least to the limits of the Government’s li-
ability: Provided further, That no part of any appropria-
tion contained in this Act shall be available to initiate 
multiyear procurement contracts for any systems or compo-
nent thereof if the value of the multiyear contract would 
exceed $500,000,000 unless specifically provided in this Act: 
Provided further, That no multiyear procurement contract 
can be terminated without 10-day prior notification to the
197 
congressional defense committees: Provided further, That the 
execution of multiyear authority shall require the use of a 
present value analysis to determine lowest cost compared 
to an annual procurement: Provided further, That none of 
the funds provided in this Act may be used for a multiyear 
contract executed after the date of the enactment of this Act 
unless in the case of any such contract— 
(1) the Secretary of Defense has submitted to 
Congress a budget request for full funding of units to 
be procured through the contract and, in the case of 
a contract for procurement of aircraft, that includes, 
for any aircraft unit to be procured through the con-
tract for which procurement funds are requested in 
that budget request for production beyond advance 
procurement activities in the fiscal year covered by 
the budget, full funding of procurement of such unit 
in that fiscal year; 
(2) cancellation provisions in the contract do not 
include consideration of recurring manufacturing 
costs of the contractor associated with the production 
of unfunded units to be delivered under the contract; 
(3) the contract provides that payments to the 
contractor under the contract shall not be made in 
advance of incurred costs on funded units; and
198 
(4) the contract does not provide for a price ad-
justment based on a failure to award a follow-on con-
tract. 
Funds appropriated in title III of this Act may be 
used for a multiyear procurement contract as follows: 
F/A–18E, F/A–18F, and EA–18G aircraft; up to 10 
DDG–51 Arleigh Burke class Flight IIA guided missile de-
stroyers, as well as the AEGIS Weapon Systems, MK 41 
Vertical Launching Systems, and Commercial Broadband 
Satellite Systems associated with those vessels; SSN–774 
Virginia class submarine and government-furnished equip-
ment; CH–47 Chinook helicopter; and V–22 Osprey aircraft 
variants. 
(b) The Secretary of Defense may employ incremental 
funding for the procurement of Virginia class submarines 
and government-furnished equipment associated with the 
Virginia class submarines to be procured during fiscal years 
2013 through 2018 if the Secretary of Defense: 
(1) determines that such an approach will per-
mit the Navy to procure an additional Virginia class 
submarine in fiscal year 2014; and 
(2) intends to use the funding for that purpose. 
SEC. 8011. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by appropriated pursuant to section 401 of title 10, United
199 
States Code, for humanitarian and civic assistance costs 
under chapter 20 of title 10, United States Code. Such funds 
may also be obligated for humanitarian and civic assist-
ance costs incidental to authorized operations and pursuant 
to authority granted in section 401 of chapter 20 of title 
10, United States Code, and these obligations shall be re-
ported as required by section 401(d) of title 10, United 
States Code: Provided, That funds available for operation 
and maintenance shall be available for providing humani-
tarian and similar assistance by using Civic Action Teams 
in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact 
of Free Association as authorized by Public Law 99–239: 
Provided further, That upon a determination by the Sec-
retary of the Army that such action is beneficial for grad-
uate medical education programs conducted at Army med-
ical facilities located in Hawaii, the Secretary of the Army 
may authorize the provision of medical services at such fa-
cilities and transportation to such facilities, on a nonreim-
bursable basis, for civilian patients from American Samoa, 
the Commonwealth of the Northern Mariana Islands, the 
Marshall Islands, the Federated States of Micronesia, 
Palau, and Guam. 
SEC. 8012. (a) During fiscal year 2013, the civilian 
personnel of the Department of Defense may not be man-
200 
aged on the basis of any end-strength, and the management 
of such personnel during that fiscal year shall not be subject 
to any constraint or limitation (known as an end-strength) 
on the number of such personnel who may be employed on 
the last day of such fiscal year. 
(b) The fiscal year 2014 budget request for the Depart-
ment of Defense as well as all justification material and 
other documentation supporting the fiscal year 2014 De-
partment of Defense budget request shall be prepared and 
submitted to the Congress as if subsections (a) and (b) of 
this provision were effective with regard to fiscal year 2014. 
(c) Nothing in this section shall be construed to apply 
to military (civilian) technicians. 
SEC. 8013. None of the funds made available by this 
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress. 
SEC. 8014. None of the funds appropriated by this Act 
shall be available for the basic pay and allowances of any 
member of the Army participating as a full-time student 
and receiving benefits paid by the Secretary of Veterans Af-
fairs from the Department of Defense Education Benefits 
Fund when time spent as a full-time student is credited 
toward completion of a service commitment: Provided, That 
this section shall not apply to those members who have reen-
201 
listed with this option prior to October 1, 1987: Provided 
further, That this section applies only to active components 
of the Army. 
(TRANSFER OF FUNDS) 
SEC. 8015. Funds appropriated in title III of this Act 
for the Department of Defense Pilot Mentor-Prote´ge´ Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing 
a Mentor-Prote´ge´ Program developmental assistance agree-
ment pursuant to section 831 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101–510; 
10 U.S.C. 2302 note), as amended, under the authority of 
this provision or any other transfer authority contained in 
this Act. 
SEC. 8016. None of the funds in this Act may be avail-
able for the purchase by the Department of Defense (and 
its departments and agencies) of welded shipboard anchor 
and mooring chain 4 inches in diameter and under unless 
the anchor and mooring chain are manufactured in the 
United States from components which are substantially 
manufactured in the United States: Provided, That for the 
purpose of this section, the term ‘‘manufactured’’ shall in-
clude cutting, heat treating, quality control, testing of chain 
and welding (including the forging and shot blasting proc-
ess): Provided further, That for the purpose of this section
202 
substantially all of the components of anchor and mooring 
chain shall be considered to be produced or manufactured 
in the United States if the aggregate cost of the components 
produced or manufactured in the United States exceeds the 
aggregate cost of the components produced or manufactured 
outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis, the Sec-
retary of the service responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying 
in writing to the Committees on Appropriations that such 
an acquisition must be made in order to acquire capability 
for national security purposes. 
SEC. 8017. None of the funds available to the Depart-
ment of Defense may be used to demilitarize or dispose of 
M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 
rifles, .30 caliber rifles, or M–1911 pistols, or to demili-
tarize or destroy small arms ammunition or ammunition 
components that are not otherwise prohibited from commer-
cial sale under Federal law, unless the small arms ammuni-
tion or ammunition components are certified by the Sec-
retary of the Army or designee as unserviceable or unsafe 
for further use. 
SEC. 8018. No more than $500,000 of the funds appro-
priated or made available in this Act shall be used during
203 
a single fiscal year for any single relocation of an organiza-
tion, unit, activity or function of the Department of Defense 
into or within the National Capital Region: Provided, That 
the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congres-
sional defense committees that such a relocation is required 
in the best interest of the Government. 
SEC. 8019. In addition to the funds provided elsewhere 
in this Act, $15,000,000 is appropriated only for incentive 
payments authorized by section 504 of the Indian Financ-
ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
contractor or a subcontractor at any tier that makes a sub-
contract award to any subcontractor or supplier as defined 
in section 1544 of title 25, United States Code, or a small 
business owned and controlled by an individual or individ-
uals defined under section 4221(9) of title 25, United States 
Code, shall be considered a contractor for the purposes of 
being allowed additional compensation under section 504 
of the Indian Financing Act of 1974 (25 U.S.C. 1544) 
whenever the prime contract or subcontract amount is over 
$500,000 and involves the expenditure of funds appro-
priated by an Act making Appropriations for the Depart-
ment of Defense with respect to any fiscal year: Provided 
further, That notwithstanding section 1906 of title 41, 
United States Code, this section shall be applicable to any
204 
Department of Defense acquisition of supplies or services, 
including any contract and any subcontract at any tier for 
acquisition of commercial items produced or manufactured, 
in whole or in part, by any subcontractor or supplier de-
fined in section 1544 of title 25, United States Code, or 
a small business owned and controlled by an individual or 
individuals defined under section 4221(9) of title 25, 
United States Code. 
SEC. 8020. Funds appropriated by this Act for the De-
fense Media Activity shall not be used for any national or 
international political or psychological activities. 
SEC. 8021. During the current fiscal year, the Depart-
ment of Defense is authorized to incur obligations of not 
to exceed $350,000,000 for purposes specified in section 
2350j(c) of title 10, United States Code, in anticipation of 
receipt of contributions, only from the Government of Ku-
wait, under that section: Provided, That upon receipt, such 
contributions from the Government of Kuwait shall be cred-
ited to the appropriations or fund which incurred such obli-
gations. 
SEC. 8022. (a) Of the funds made available in this 
Act, not less than $38,634,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
(1) $28,404,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil
205 
Air Patrol Corporation operation and maintenance, 
readiness, counterdrug activities, and drug demand 
reduction activities involving youth programs; 
(2) $9,298,000 shall be available from ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $932,000 shall be available from ‘‘Other Pro-
curement, Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and 
local government agencies. 
SEC. 8023. (a) None of the funds appropriated in this 
Act are available to establish a new Department of Defense 
(department) federally funded research and development 
center (FFRDC), either as a new entity, or as a separate 
entity administrated by an organization managing another 
FFRDC, or as a nonprofit membership corporation con-
sisting of a consortium of other FFRDCs and other non-
profit entities. 
(b) No member of a Board of Directors, Trustees, Over-
seers, Advisory Group, Special Issues Panel, Visiting Com-
mittee, or any similar entity of a defense FFRDC, and no 
paid consultant to any defense FFRDC, except when acting 
in a technical advisory capacity, may be compensated for 
his or her services as a member of such entity, or as a paid
206 
consultant by more than one FFRDC in a fiscal year: Pro-
vided, That a member of any such entity referred to pre-
viously in this subsection shall be allowed travel expenses 
and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of member-
ship duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to the department from any source 
during fiscal year 2013 may be used by a defense FFRDC, 
through a fee or other payment mechanism, for construction 
of new buildings, for payment of cost sharing for projects 
funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to in-
clude employee participation in community service and/or 
development. 
(d) Notwithstanding any other provision of law, of the 
funds available to the department during fiscal year 2013, 
not more than 5,750 staff years of technical effort (staff 
years) may be funded for defense FFRDCs: Provided, That 
of the specific amount referred to previously in this sub-
section, not more than 1,125 staff years may be funded for 
the defense studies and analysis FFRDCs: Provided further, 
That this subsection shall not apply to staff years funded 
in the National Intelligence Program (NIP) and the Mili-
tary Intelligence Program (MIP).
207 
(e) The Secretary of Defense shall, with the submission 
of the department’s fiscal year 2014 budget request, submit 
a report presenting the specific amounts of staff years of 
technical effort to be allocated for each defense FFRDC dur-
ing that fiscal year and the associated budget estimates. 
SEC. 8024. None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy, 
or armor steel plate for use in any Government-owned facil-
ity or property under the control of the Department of De-
fense which were not melted and rolled in the United States 
or Canada: Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, 
American Society of Testing and Materials (ASTM) or 
American Iron and Steel Institute (AISI) specifications of 
carbon, alloy or armor steel plate: Provided further, That 
the Secretary of the military department responsible for the 
procurement may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appro-
priations of the House of Representatives and the Senate 
that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and 
that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, 
That these restrictions shall not apply to contracts which 
are in being as of the date of the enactment of this Act.
208 
SEC. 8025. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the Armed Services 
Committee of the House of Representatives, the Armed Serv-
ices Committee of the Senate, the Subcommittee on Defense 
of the Committee on Appropriations of the Senate, and the 
Subcommittee on Defense of the Committee on Appropria-
tions of the House of Representatives. 
SEC. 8026. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well 
as the production of components and other Defense-related 
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of del-
egation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and 
private bids: Provided further, That Office of Management 
and Budget Circular A–76 shall not apply to competitions 
conducted under this section. 
SEC. 8027. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment described in paragraph (2) has violated the terms of 
the agreement by discriminating against certain types of
209 
products produced in the United States that are covered by 
the agreement, the Secretary of Defense shall rescind the 
Secretary’s blanket waiver of the Buy American Act with 
respect to such types of products produced in that foreign 
country. 
(2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country 
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products 
in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense pur-
chases from foreign entities in fiscal year 2013. Such report 
shall separately indicate the dollar value of items for which 
the Buy American Act was waived pursuant to any agree-
ment described in subsection (a)(2), the Trade Agreement 
Act of 1979 (19 U.S.C. 2501 et seq.), or any international 
agreement to which the United States is a party. 
(c) For purposes of this section, the term ‘‘Buy Amer-
ican Act’’ means chapter 83 of title 41, United States Code. 
SEC. 8028. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by section 
2921(c)(1) of the National Defense Authorization Act of
210 
1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be 
available until expended for the payments specified by sec-
tion 2921(c)(2) of that Act. 
SEC. 8029. (a) Notwithstanding any other provision 
of law, the Secretary of the Air Force may convey at no 
cost to the Air Force, without consideration, to Indian 
tribes located in the States of Nevada, Idaho, North Dakota, 
South Dakota, Montana, Oregon, Minnesota, and Wash-
ington relocatable military housing units located at Grand 
Forks Air Force Base, Malmstrom Air Force Base, Moun-
tain Home Air Force Base, Ellsworth Air Force Base, and 
Minot Air Force Base that are excess to the needs of the 
Air Force. 
(b) The Secretary of the Air Force shall convey, at no 
cost to the Air Force, military housing units under sub-
section (a) in accordance with the request for such units 
that are submitted to the Secretary by the Operation Walk-
ing Shield Program on behalf of Indian tribes located in 
the States of Nevada, Idaho, North Dakota, South Dakota, 
Montana, Oregon, Minnesota, and Washington. Any such 
conveyance shall be subject to the condition that the housing 
units shall be removed within a reasonable period of time, 
as determined by the Secretary. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for hous-
211 
ing units under subsection (a) before submitting requests 
to the Secretary of the Air Force under subsection (b). 
(d) In this section, the term ‘‘Indian tribe’’ means any 
recognized Indian tribe included on the current list pub-
lished by the Secretary of the Interior under section 104 
of the Federally Recognized Indian Tribe Act of 1994 (Pub-
lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). 
SEC. 8030. During the current fiscal year, appropria-
tions which are available to the Department of Defense for 
operation and maintenance may be used to purchase items 
having an investment item unit cost of not more than 
$250,000. 
SEC. 8031. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the pur-
chase of an investment item for the purpose of acquiring 
a new inventory item for sale or anticipated sale during 
the current fiscal year or a subsequent fiscal year to cus-
tomers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable to 
the Department of Defense Business Operations Fund dur-
ing fiscal year 1994 and if the purchase of such an invest-
ment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense 
for procurement.
212 
(b) The fiscal year 2014 budget request for the Depart-
ment of Defense as well as all justification material and 
other documentation supporting the fiscal year 2014 De-
partment of Defense budget shall be prepared and submitted 
to the Congress on the basis that any equipment which was 
classified as an end item and funded in a procurement ap-
propriation contained in this Act shall be budgeted for in 
a proposed fiscal year 2014 procurement appropriation and 
not in the supply management business area or any other 
area or category of the Department of Defense Working 
Capital Funds. 
SEC. 8032. None of the funds appropriated by this Act 
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year, 
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30, 
2014: Provided, That funds appropriated, transferred, or 
otherwise credited to the Central Intelligence Agency Cen-
tral Services Working Capital Fund during this or any 
prior or subsequent fiscal year shall remain available until 
expended: Provided further, That any funds appropriated 
or transferred to the Central Intelligence Agency for ad-
vanced research and development acquisition, for agent op-
erations, and for covert action programs authorized by the 
President under section 503 of the National Security Act
213 
of 1947, as amended, shall remain available until Sep-
tember 30, 2014. 
SEC. 8033. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and 
deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
tems for the Services, the Unified and Specified Commands, 
and the component commands. 
SEC. 8034. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, not less than $12,000,000 shall be 
made available only for the mitigation of environmental 
impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost 
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities. 
SEC. 8035. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, complies 
with the Buy American Act. For purposes of this subsection, 
the term ‘‘Buy American Act’’ means chapter 83 of title 
41, United States Code.
214 
(b) If the Secretary of Defense determines that a person 
has been convicted of intentionally affixing a label bearing 
a ‘‘Made in America’’ inscription to any product sold in 
or shipped to the United States that is not made in Amer-
ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment of Defense. 
(c) In the case of any equipment or products purchased 
with appropriations provided under this Act, it is the sense 
of the Congress that any entity of the Department of De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-made equipment and products are cost-competitive, 
quality competitive, and available in a timely fashion. 
SEC. 8036. None of the funds appropriated by this Act 
shall be available for a contract for studies, analysis, or 
consulting services entered into without competition on the 
basis of an unsolicited proposal unless the head of the activ-
ity responsible for the procurement determines— 
(1) as a result of thorough technical evaluation, 
only one source is found fully qualified to perform the 
proposed work; 
(2) the purpose of the contract is to explore an 
unsolicited proposal which offers significant scientific
215 
or technological promise, represents the product of 
original thinking, and was submitted in confidence 
by one source; or 
(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new 
product or idea of a specific concern is given finan-
cial support: Provided, That this limitation shall not 
apply to contracts in an amount of less than $25,000, 
contracts related to improvements of equipment that 
is in development or production, or contracts as to 
which a civilian official of the Department of Defense, 
who has been confirmed by the Senate, determines 
that the award of such contract is in the interest of 
the national defense. 
SEC. 8037. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the department 
who is transferred or reassigned from a headquarters 
activity if the member or employee’s place of duty re-
mains at the location of that headquarters.
222 
‘‘Aircraft Procurement, Air Force, 2012/2014’’, 
$581,699,000; 
‘‘Missile Procurement, Air Force, 2012/2014’’, 
$45,898,000; 
‘‘Other Procurement, Air Force, 2012/2014’’, 
$55,800,000; 
‘‘Procurement, 
Defense 
Wide, 
2012/2014’’, 
$16,000,000; 
‘‘Research, Development, Test and Evaluation, 
Army, 2012/2013’’, $8,000,000; 
‘‘Research, Development, Test and Evaluation, 
Navy, 2012/2013’’, $245,254,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2012/2013’’, $56,704,000. 
SEC. 8041. None of the funds available in this Act may 
be used to reduce the authorized positions for military tech-
nicians (dual status) of the Army National Guard, Air Na-
tional Guard, Army Reserve and Air Force Reserve for the 
purpose of applying any administratively imposed civilian 
personnel ceiling, freeze, or reduction on military techni-
cians (dual status), unless such reductions are a direct re-
sult of a reduction in military force structure. 
SEC. 8042. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
256 
tional security to spend more than $500,000 on a 
conference. 
(3) For purposes of a conference sponsored or hosted 
by the Office of the Inspector General of the Department 
of Defense, the Inspector General shall discharge the au-
thorities and responsibilities of the Deputy Secretary of De-
fense under this subsection. 
(d) Not later than October 31, 2013, the Deputy Sec-
retary of Defense shall provide a publicly available report 
of all Department-sponsored conferences during fiscal year 
2013 where the cost to the Department is more than 
$100,000 using amounts made available under this Act, 
which— 
(1) shall include, for each such conference— 
(A) the cost of the conference to the Depart-
ment of Defense; 
(B) the location of the conference; 
(C) the date of the conference; 
(D) a brief explanation of how the con-
ference advanced the mission of the Department 
of Defense; 
(E) the total number of individuals whose 
travel expenses or other conference expenses were 
paid by the Department of Defense; and
269 
SEC. 8111. 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 achieve-
ments, military service sacrifice, and undaunted heroism 
and courage of the long-serving United States Senator for 
Alaska. 
TITLE IX 
OVERSEAS CONTINGENCY OPERATIONS 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $9,790,082,000: Provided, That such amount is 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. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $869,625,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.