IIB 
112TH CONGRESS 
2D SESSION 
H. R. 5856 
IN THE SENATE OF THE UNITED STATES 
JULY 23, 2012 
Received; read twice and referred to the Committee on Appropriations 
AN ACT 
Making appropriations for the Department of Defense for 
the fiscal year ending September 30, 2013, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2013, for military func-
tions administered by the Department of Defense 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 sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the 
Army on active duty, (except members of reserve compo-
nents provided 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 Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund, 
$40,730,014,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
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between permanent duty stations, for members of the 
Navy on active duty (except members of the Reserve pro-
vided for elsewhere), midshipmen, 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, $27,075,933,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the Ma-
rine Corps on active duty (except members of the Reserve 
provided for elsewhere); and for payments pursuant to sec-
tion 156 of Public Law 97–377, as amended (42 U.S.C. 
402 note), and to the Department of Defense Military Re-
tirement Fund, $12,560,999,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the Air 
Force on active duty (except members of reserve compo-
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nents provided 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 Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund, 
$28,124,109,000. 
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 undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and expenses au-
thorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military 
Retirement Fund, $4,456,823,000. 
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 con-
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nection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing re-
serve 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 Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund, 
$1,871,688,000. 
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 equiv-
alent 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 
Department of Defense Military Retirement Fund, 
$651,861,000. 
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 
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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 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, 
$3,158,015,000. 
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 author-
ized by law; and not to exceed $12,478,000 can be used 
for emergencies and extraordinary expenses, to be ex-
pended 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, 
$36,422,738,000. 
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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 extraor-
dinary expenses, to be expended on the approval or author-
ity of the Secretary of the Navy, and payments may be 
made on his certificate of necessity for confidential mili-
tary purposes, $41,463,773,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Marine Corps, 
as authorized by law, $6,075,667,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Air Force, as 
authorized by law; and not to exceed $7,699,000 can be 
used for emergencies and extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of 
the Air Force, and payments may be made on his certifi-
cate of necessity for confidential military purposes, 
$35,408,795,000 (reduced by $24,000,000). 
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OPERATION AND MAINTENANCE, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of activities and agen-
cies of the Department of Defense (other than the military 
departments), as authorized by law, $31,780,813,000 (re-
duced by $10,000,000) (reduced by $15,000,000) (re-
duced by $10,000,000) (reduced by $5,000,000): 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: Pro-
vided further, That not to exceed $36,000,000 can be used 
for emergencies and extraordinary expenses, to be ex-
pended 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 fur-
ther, That of the funds provided under this heading, not 
less than $35,897,000 shall be made available for the Pro-
curement Technical Assistance Cooperative Agreement 
Program, of which not less than $3,600,000 shall be avail-
able for centers defined in 10 U.S.C. 2411(1)(D): Pro-
vided further, That none of the funds appropriated or oth-
erwise made available by this Act may be used to plan 
or implement the consolidation of a budget or appropria-
tions liaison office of the Office of the Secretary of De-
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fense, 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: Pro-
vided further, That $8,563,000, to remain available until 
expended, is available only for expenses relating to certain 
classified activities, and may be transferred as necessary 
by the Secretary of Defense to operation and maintenance 
appropriations or research, development, test and evalua-
tion appropriations, to be merged with and to be available 
for the same time period as the appropriations to which 
transferred: Provided further, That any ceiling on the in-
vestment item unit cost of items that may be purchased 
with operation and maintenance funds shall not apply to 
the funds described in the preceding proviso: Provided fur-
ther, That the transfer authority provided under this head-
ing 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, or-
ganization, and administration, of the Army Reserve; re-
pair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $3,199,423,000. 
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OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Navy Reserve; re-
pair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $1,256,347,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Marine Corps Re-
serve; repair of facilities and equipment; hire of passenger 
motor vehicles; travel and transportation; care of the dead; 
recruiting; procurement of services, supplies, and equip-
ment; and communications, $277,377,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Air Force Reserve; 
repair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $3,362,041,000. 
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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 
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; hire of passenger motor vehicles; per-
sonnel services in the National Guard Bureau; travel ex-
penses (other than mileage), as authorized by law for 
Army personnel on active duty, for Army National Guard 
division, regimental, and battalion commanders while in-
specting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, Na-
tional Guard Bureau; supplying and equipping the Army 
National Guard as authorized by law; and expenses of re-
pair, modification, maintenance, and issue of supplies and 
equipment (including aircraft), $7,187,731,000. 
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 
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; transportation of things, hire of pas-
senger motor vehicles; supplying and equipping the Air 
National Guard, as authorized by law; expenses for repair, 
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modification, 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 Bureau, $6,608,826,000 (increased 
by $8,000,000). 
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 representation purposes. 
ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $335,921,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion 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 
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this appropriation to other appropriations made available 
to the Department 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 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 provided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Navy, $310,594,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion 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 appropriation to other appropriations made available 
to the Department 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 
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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 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 un-
safe 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 available to the Department of the Air Force, 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 deter-
mination that all or part of the funds transferred from 
this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to 
this appropriation: Provided further, That the transfer au-
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thority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense, $11,133,000, to re-
main available until transferred: Provided, That the Sec-
retary of Defense 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 Defense, or for similar 
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of Defense, to be merged with and to be avail-
able for the same purposes and for the same time period 
as the appropriations to which transferred: Provided fur-
ther, That upon a determination that all or part of the 
funds transferred from this appropriation are not nec-
essary 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 authority pro-
vided elsewhere in this Act. 
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ENVIRONMENTAL RESTORATION, FORMERLY USED 
DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $237,543,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe 
buildings and debris at sites formerly used by the Depart-
ment of Defense, transfer the funds made available by this 
appropriation to other appropriations made available to 
the Department 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: Pro-
vided 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 authority pro-
vided elsewhere in this Act. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, 
Disaster, and Civic Aid programs of the Department of 
Defense (consisting of the programs provided under sec-
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tions 401, 402, 404, 407, 2557, and 2561 of title 10, 
United States Code), $108,759,000, to remain available 
until September 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 
outside of the former Soviet Union, including assistance 
provided by contract or by grants, for facilitating the 
elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for estab-
lishing programs to prevent the proliferation of weapons, 
weapons components, and weapon-related technology and 
expertise; for programs relating to the training and sup-
port 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. 
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 
DEVELOPMENT FUND 
For the Department of Defense Acquisition Work-
force Development Fund, $50,198,000. 
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and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, ap-
pliances, 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, $1,602,689,000, to remain available 
for obligation until September 30, 2015. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For construction, procurement, production, and 
modification of weapons and tracked combat vehicles, 
equipment, including ordnance, spare parts, and acces-
sories 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 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, $1,884,706,000, to remain available for obliga-
tion until September 30, 2015. 
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PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities, au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, 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; 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; and other expenses necessary 
for the foregoing purposes, $1,576,768,000, to remain 
available for obligation until September 30, 2015. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and 
modification of vehicles, including tactical, support, and 
non-tracked combat vehicles; the purchase of passenger 
motor vehicles 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 the land necessary therefor, for 
the foregoing purposes, and such lands and interests 
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therein, may be acquired, and construction 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 Govern-
ment and contractor-owned equipment layaway; and other 
expenses 
necessary 
for 
the 
foregoing 
purposes, 
$6,488,045,000 (reduced by $1) (increased by $1), to re-
main 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 
installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Govern-
ment 
and 
contractor-owned 
equipment 
layaway, 
$17,518,324,000, 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-
ons, and related support equipment including spare parts, 
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and accessories therefor; expansion of public and private 
plants, including the land necessary therefor, 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, $3,072,112,000, to remain available for obliga-
tion until September 30, 2015. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities, au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, 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; 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; and other expenses necessary 
for the foregoing purposes, $677,243,000, to remain avail-
able for obligation until September 30, 2015. 
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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 
constructed or converted in the future; and expansion of 
public and private plants, including land necessary there-
for, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of 
title— 
Carrier Replacement Program, $578,295,000; 
Virginia Class Submarine, $3,217,601,000; 
Virginia Class Submarine (AP), $1,597,878,000; 
CVN Refuelings,$1,613,392,000; 
CVN Refuelings (AP), $70,010,000; 
DDG–1000 Program, $669,222,000; 
DDG–51 Destroyer, $4,036,628,000; 
DDG–51 Destroyer (AP), $466,283,000; 
Littoral Combat Ship, $1,784,959,000; 
Joint High Speed Vessel, $189,196,000; 
Moored Training Ship, $307,300,000; 
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LCAC Service Life Extension Program, $47,930,000; 
and 
For outfitting, post delivery, conversions, and first 
destination transportation, $284,859,000. 
Completion of Prior Year Shipbuilding Programs, 
$372,573,000. 
In all: $15,236,126,000, to remain available for obli-
gation until September 30, 2017: Provided, That addi-
tional obligations may be incurred after September 30, 
2017, for engineering services, tests, evaluations, and 
other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That 
none of the funds provided under this heading for the con-
struction or conversion of any naval vessel to be con-
structed in shipyards in the United States shall be ex-
pended 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 ship-
yards. 
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 
ships, and ships authorized for conversion); the purchase 
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of passenger motor vehicles for replacement only; expan-
sion of public and private plants, including the land nec-
essary therefor, and such lands and interests therein, may 
be acquired, and construction 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 con-
tractor-owned equipment layaway, $6,364,191,000, to re-
main available for obligation until September 30, 2015. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manu-
facture, 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 
Government and contractor-owned equipment layaway; ve-
hicles for the Marine Corps, including the purchase of pas-
senger motor vehicles for replacement only; and expansion 
of public and private plants, including land necessary 
therefor, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title, $1,482,081,000, to remain available for ob-
ligation until September 30, 2015. 
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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, Gov-
ernment-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 Gov-
ernment and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes in-
cluding 
rents 
and 
transportation 
of 
things, 
$11,304,899,000 (increased by $16,000,000), 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, in-
cluding spare parts and accessories therefor, ground han-
dling equipment, and training devices; expansion of public 
and private plants, Government-owned equipment and in-
stallation 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 
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construction prosecuted thereon prior to approval of title; 
reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes including rents and transportation of 
things, $5,449,146,000, to remain available for obligation 
until September 30, 2015. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities, au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, 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; 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; and other expenses necessary 
for the foregoing purposes, $599,194,000, to remain avail-
able for obligation until September 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), 
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and supplies, materials, and spare parts therefor, not oth-
erwise provided for; the purchase of passenger motor vehi-
cles for replacement only; lease of passenger motor vehi-
cles; and 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 Gov-
ernment 
and 
contractor-owned 
equipment 
layaway, 
$16,632,575,000, to remain 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) 
necessary for procurement, production, and modification 
of equipment, supplies, materials, and spare parts there-
for, not otherwise provided for; the purchase of passenger 
motor vehicles for replacement only; expansion of public 
and private 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 Gov-
ernment 
and 
contractor-owned 
equipment 
layaway, 
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$4,429,335,000, to remain available for obligation until 
September 30, 2015. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons and other procure-
ment for the reserve components of the Armed Forces, 
$2,000,000,000, to remain available for obligation until 
September 30, 2015: Provided, That the Chiefs of Na-
tional Guard and Reserve components shall, not later than 
30 days after the enactment of this Act, individually sub-
mit to the congressional defense committees the mod-
ernization priority assessment for their respective Na-
tional Guard or Reserve component: Provided further, 
That during fiscal year 2013, the Chief of the National 
Guard Bureau and each Reserve Component Chief, may 
each use not more than 3 percent of the funds made avail-
able to the National Guard or such reserve component, 
as the case may be, under this heading to carry out re-
search, development, test, and evaluation activities related 
to adding technological capability to platforms or to mod-
ernize existing systems. 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant 
to sections 108, 301, 302, and 303 of the Defense Produc-
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tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 
2093), $63,531,000, 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 sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $8,593,055,000 to remain available 
for obligation until September 30, 2014. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $16,987,768,000, to remain avail-
able 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 oper-
ational requirements of the Special Operations Forces: 
Provided further, That funds appropriated in this para-
graph shall be available for the Cobra Judy program. 
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $25,117,692,000, to remain avail-
able for obligation until September 30, 2014. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), 
necessary for basic and applied scientific research, devel-
opment, test and evaluation; advanced research projects 
as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, 
lease, and operation of facilities and equipment, 
$19,100,362,000, to remain available for obligation until 
September 30, 2014: Provided, That of the funds made 
available in this paragraph, $250,000,000 for the Defense 
Rapid Innovation Program shall only be available for ex-
penses, not otherwise provided for, to include program 
management and oversight, to conduct research, develop-
ment, test and evaluation to include proof of concept dem-
onstration; engineering, testing, and validation; and tran-
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sition to full-scale production: Provided further, That the 
Secretary of Defense may transfer funds provided herein 
for the Defense Rapid Innovation Program to appropria-
tions for research, development, test and evaluation to ac-
complish the purpose provided herein: Provided further, 
That this transfer authority is in addition to any other 
transfer authority available to the Department of Defense: 
Provided further, That the Secretary of Defense shall, not 
fewer than 30 days prior to making transfers from this 
appropriation, notify the congressional defense committees 
in writing of the details of any such transfer. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary 
for the independent activities of the Director, Operational 
Test and Evaluation, in the direction and supervision of 
operational test and evaluation, including initial oper-
ational test and evaluation which is conducted prior to, 
and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in 
connection therewith, $185,268,000, to remain available 
for obligation until September 30, 2014. 
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TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For 
the 
Defense 
Working 
Capital 
Funds, 
$1,516,184,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, 
projects, and activities, and for expenses of the National 
Defense Reserve Fleet, as established by section 11 of the 
Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 
and for the necessary expenses to maintain and preserve 
a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $564,636,000, to remain avail-
able until expended: Provided, That none of the funds pro-
vided in this paragraph shall be used to award a new con-
tract that provides for the acquisition of any of the fol-
lowing major components unless such components are 
manufactured in the United States: auxiliary equipment, 
including pumps, for all shipboard services; propulsion 
system components (engines, reduction gears, and propel-
lers); shipboard cranes; and spreaders for shipboard 
cranes: Provided further, That the exercise of an option 
in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award 
of a new contract: Provided further, That the Secretary 
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of the military department responsible for such procure-
ment may waive the restrictions in the first proviso on 
a case-by-case basis by certifying in writing to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made 
in order to acquire capability for national security pur-
poses. 
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical 
and health care programs of the Department of Defense 
as authorized by law, $32,862,234,000 (increased by 
$10,000,000) (increased by $15,000,000) (increased by 
$10,000,000) (increased by $5,000,000); of which 
$31,122,095,000 shall be for operation and maintenance, 
of which not to exceed one percent shall remain available 
until September 30, 2014, and of which up to 
$16,105,245,000 may be available for contracts entered 
into 
under 
the 
TRICARE 
program; 
of 
which 
$521,762,000, to remain available for obligation until Sep-
tember 30, 2015, shall be for procurement; and of which 
$1,218,377,000 (increased by $10,000,000) (increased by 
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$15,000,000) (increased by $10,000,000) (increased by 
$5,000,000), to remain available for obligation until Sep-
tember 30, 2014 , shall be for research, development, test 
and evaluation: Provided, That, notwithstanding any other 
provision of law, of the amount made available under this 
heading for research, development, test and evaluation, 
not less than $8,000,000 shall be available for HIV pre-
vention educational activities undertaken in connection 
with United States military training, exercises, and hu-
manitarian assistance activities conducted primarily in Af-
rican nations: Provided further, That of the funds provided 
to develop an integrated Department of Defense–Depart-
ment of Veterans Affairs (DOD–VA) integrated health 
record, not more than twenty-five percent shall be avail-
able for obligation until the DOD–VA Interagency Pro-
gram Office submits to the Committees on Appropriations 
of both Houses of Congress a completed fiscal year 2013 
execution and spending plan and a long-term roadmap for 
the life of the project that includes, but is not limited to, 
the following: (a) annual and total spending for each De-
partment; (b) a quarterly schedule of milestones for each 
Department over the life of the project; (c) detailed cost- 
sharing business rules; and (d) data standardization 
schedules between the Departments. 
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CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE 
For expenses, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal 
chemical agents and munitions in accordance with the pro-
visions of section 1412 of the Department of Defense Au-
thorization Act, 1986 (50 U.S.C. 1521), and for the de-
struction of other chemical warfare materials that are not 
in the chemical weapon stockpile, $1,301,786,000, of 
which $635,843,000 shall be for operation and mainte-
nance, of which no less than $53,948,000 shall be for the 
Chemical Stockpile Emergency Preparedness Program, 
consisting of $22,214,000 for activities on military instal-
lations and $31,734,000, to remain available until Sep-
tember 30, 2014, to assist State and local governments; 
$18,592,000 shall be for procurement, to remain available 
until September 30, 2015, of which $1,823,000 shall be 
for the Chemical Stockpile Emergency Preparedness Pro-
gram to assist State and local governments; and 
$647,351,000, to remain available until September 30, 
2014, shall be for research, development, test and evalua-
tion, of which $627,705,000 shall only be for the Assem-
bled Chemical Weapons Alternatives (ACWA) program. 
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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, $1,133,363,000: Pro-
vided, That the funds appropriated under this heading 
shall be available for obligation for the same time period 
and for the same purpose as the appropriation to which 
transferred: Provided further, That upon a determination 
that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided here-
in, such amounts may be transferred back to this appro-
priation: Provided further, That the transfer authority pro-
vided under this heading is in addition to any other trans-
fer authority contained elsewhere in this Act. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Joint Improvised Explosive Device Defeat 
Fund,’’ $217,414,000, to remain available until Sep-
tember 30, 2015, for Staff and Infrastructure: Provided, 
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That such funds shall be available to the Secretary of De-
fense, notwithstanding any other provision of law, for the 
purpose of allowing the Director of the Joint Improvised 
Explosive Device Defeat Organization to investigate, de-
velop and provide equipment, supplies, services, training, 
facilities, personnel and funds to assist United States 
forces in the defeat of improvised explosive devices: Pro-
vided further, That, within 60 days of the enactment of 
this Act, a plan for the intended management and use of 
the amounts provided under this heading shall be sub-
mitted to the congressional defense committees: Provided 
further, That the Secretary of Defense shall submit a re-
port not later than 60 days after the end of each fiscal 
quarter to the congressional defense committees providing 
assessments of the evolving threats, individual service re-
quirements to counter the threats, the current strategy for 
predeployment training of members of the Armed Forces 
on improvised explosive devices, and details on the execu-
tion of the Fund: Provided further, That the Secretary of 
Defense may transfer funds provided herein to appropria-
tions for operation and maintenance; procurement; re-
search, development, test and evaluation; and defense 
working capital funds to accomplish the purpose provided 
herein: Provided further, That amounts transferred shall 
be merged with and available for the same purposes and 
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time period as the appropriations to which transferred: 
Provided further, That this transfer authority is in addi-
tion to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary 
of Defense shall, not fewer than 15 days prior to making 
transfers from this appropriation, notify the congressional 
defense committees in writing of the details of any such 
transfer. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the In-
spector General in carrying out the provisions of the In-
spector General Act of 1978, as amended, $350,321,000, 
of which $347,621,000 shall be for operation and mainte-
nance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on 
the approval or authority of the Inspector General, and 
payments may be made on the Inspector General’s certifi-
cate of necessity for confidential military purposes; and 
of which $2,700,000, to remain available until September 
30, 2015, shall be for procurement. 
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TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM FUND 
For payment to the Central Intelligence Agency Re-
tirement and Disability System Fund, to maintain the 
proper funding level for continuing the operation of the 
Central Intelligence Agency Retirement and Disability 
System, $514,000,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For necessary expenses of the Intelligence Commu-
nity Management Account, $511,476,000. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained 
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress. 
SEC. 8002. During the current fiscal year, provisions 
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States 
shall not apply to personnel of the Department of Defense: 
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of 
Defense funded by this Act shall not be at a rate in excess 
of the percentage increase authorized by law for civilian 
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employees of the Department of Defense whose pay is 
computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percent-
age increase provided by the appropriate host nation to 
its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of De-
fense foreign service national employees serving at United 
States diplomatic missions whose pay is set by the Depart-
ment of State under the Foreign Service Act of 1980: Pro-
vided further, That the limitations of this provision shall 
not apply to foreign national employees of the Department 
of Defense in the Republic of Turkey. 
SEC. 8003. No part of any appropriation contained 
in this Act shall remain available for obligation beyond 
the current fiscal year, unless expressly so provided herein. 
SEC. 8004. No more than 20 percent of the appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the 
last 2 months of the fiscal year: Provided, That this sec-
tion shall not apply to obligations for support of active 
duty training of reserve components or summer camp 
training of the Reserve Officers’ Training Corps. 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of 
Defense that such action is necessary in the national inter-
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est, he may, with the approval of the Office of Manage-
ment and Budget, transfer not to exceed $3,000,000,000 
of working capital funds of the Department of Defense 
or funds made available in this Act to the Department 
of Defense for military functions (except military con-
struction) between such appropriations or funds or any 
subdivision thereof, to be merged with and to be available 
for the same purposes, and for the same time period, as 
the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless 
for higher priority items, based on unforeseen military re-
quirements, than those for which originally appropriated 
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further, 
That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority 
or any other authority in this Act: Provided further, That 
no part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropria-
tions for reprogramming of funds, unless for higher pri-
ority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no 
case where the item for which reprogramming is requested 
has been denied by the Congress: Provided further, That 
a request for multiple reprogrammings of funds using au-
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thority provided in this section shall be made prior to June 
30, 2013: Provided further, That transfers among military 
personnel appropriations shall not be taken into account 
for purposes of the limitation on the amount of funds that 
may be transferred under this section. 
SEC. 8006. (a) With regard to the list of specific pro-
grams, projects, and activities (and the dollar amounts 
and adjustments to budget activities corresponding to 
such programs, projects, and activities) contained in the 
tables titled ‘‘Explanation of Project Level Adjustments’’ 
in the explanatory statement regarding this Act, the obli-
gation and expenditure of amounts appropriated or other-
wise made available in this Act for those programs, 
projects, and activities for which the amounts appro-
priated exceed the amounts requested are hereby required 
by law to be carried out in the manner provided by such 
tables to the same extent as if the tables were included 
in the text of this Act. 
(b) Amounts specified in the referenced tables de-
scribed in subsection (a) shall not be treated as subdivi-
sions of appropriations for purposes of section 8005 of this 
Act: Provided, That section 8005 shall apply when trans-
fers of the amounts described in subsection (a) occur be-
tween appropriation accounts. 
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SEC. 8007. (a) Not later than 60 days after enact-
ment of this Act, the Department of Defense shall submit 
a report to the congressional defense committees to estab-
lish the baseline for application of reprogramming and 
transfer authorities for fiscal year 2013: Provided, That 
the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation both by budget activity and program, 
project, and activity as detailed in the Budget Ap-
pendix; and 
(3) an identification of items of special congres-
sional interest. 
(b) Notwithstanding section 8005 of this Act, none 
of the funds provided in this Act shall be available for 
reprogramming or transfer until the report identified in 
subsection (a) is submitted to the congressional defense 
committees, unless the Secretary of Defense certifies in 
writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency 
requirement. 
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(TRANSFER OF FUNDS) 
SEC. 8008. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, 
United States Code, may be maintained in only such 
amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds: Provided further, 
That transfers may be made between working capital 
funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of 
the Office of Management and Budget, except that such 
transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except 
in amounts equal to the amounts appropriated to working 
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, unless the Sec-
retary of Defense has notified the Congress prior to any 
such obligation. 
SEC. 8009. Funds appropriated by this Act may not 
be used to initiate a special access program without prior 
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notification 30 calendar days in advance to the congres-
sional defense committees. 
SEC. 8010. 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 in-
cludes 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, unless the congressional defense committees 
have been notified at least 30 days in advance of the pro-
posed contract award: Provided, That no part of any ap-
propriation contained in this Act shall be available to ini-
tiate a multiyear contract for which the economic order 
quantity advance procurement is not funded at least to 
the limits of the Government’s liability: Provided further, 
That no part of any appropriation contained in this Act 
shall be available to initiate multiyear procurement con-
tracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 un-
less specifically provided in this Act: Provided further, 
That no multiyear procurement contract can be termi-
nated without 10-day prior notification to the congres-
sional defense committees: Provided further, That none of 
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the funds appropriated by this Act shall be available for 
a contract that incrementally funds an end item purchased 
under multi-year procurement authority: Provided further, 
That the preceding limitation shall not apply to advance 
procurement funding and economic order quantity funding 
associated with a multi-year procurement: Provided fur-
ther, That the execution of multiyear authority shall re-
quire the use of a present value analysis to determine low-
est cost compared to an annual procurement: Provided fur-
ther, That none of the funds provided in this Act may be 
used for a multiyear contract executed after the date of 
the enactment of this Act unless in the case of any such 
contract— 
(1) the Secretary of Defense has submitted to 
Congress a budget request for full funding of units 
to be procured through the contract and, in the case 
of a contract for procurement of aircraft, that in-
cludes, for any aircraft unit to be procured through 
the contract for which procurement funds are re-
quested in that budget request for production be-
yond advance procurement activities in the fiscal 
year covered by the budget, full funding of procure-
ment of such unit in that fiscal year; 
(2) cancellation provisions in the contract do 
not include consideration of recurring manufacturing 
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costs of the contractor associated with the produc-
tion of unfunded units to be delivered under the con-
tract; 
(3) the contract provides that payments to the 
contractor under the contract shall not be made in 
advance of incurred costs on funded units; and 
(4) the contract does not provide for a price ad-
justment based on a failure to award a follow-on 
contract. 
Funds appropriated in title III of this Act may be 
used for a multiyear procurement contract as follows: 
F/A–18E, F/A–18F, and EA–18G aircraft; DDG–51 
Arleigh Burke class destroyer and associated systems; 
SSN–774 Virginia class submarine and government-fur-
nished equipment; CH–47 Chinook helicopter; and V–22 
Osprey aircraft variants. 
SEC. 8011. Within the funds appropriated for the op-
eration and maintenance of the Armed Forces, funds are 
hereby appropriated pursuant to section 401 of title 10, 
United States Code, for humanitarian and civic assistance 
costs under chapter 20 of title 10, United States Code. 
Such funds may also be obligated for humanitarian and 
civic assistance costs incidental to authorized operations 
and pursuant to authority granted in section 401 of chap-
ter 20 of title 10, United States Code, and these obliga-
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tions shall be reported as required by section 401(d) of 
title 10, United States Code: Provided, That funds avail-
able for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using 
Civic Action Teams in the Trust Territories of the Pacific 
Islands and freely associated states of Micronesia, pursu-
ant to the Compact of Free Association as authorized by 
Public Law 99–239: Provided further, That upon a deter-
mination by the Secretary of the Army that such action 
is beneficial for graduate medical education programs con-
ducted at Army medical facilities located in Hawaii, the 
Secretary of the Army may authorize the provision of med-
ical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients 
from American Samoa, the Commonwealth of the North-
ern Mariana Islands, the Marshall Islands, the Federated 
States of Micronesia, Palau, and Guam. 
SEC. 8012. (a) During fiscal year 2013, the civilian 
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the manage-
ment of such personnel during that fiscal year shall not 
be subject to any constraint or limitation (known as an 
end-strength) on the number of such personnel who may 
be employed on the last day of such fiscal year. 
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(b) The fiscal year 2014 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2014 
Department of Defense budget request shall be prepared 
and submitted to the Congress as if subsections (a) and 
(b) of this provision were effective with regard to fiscal 
year 2014. 
(c) Nothing in this section shall be construed to apply 
to military (civilian) technicians. 
SEC. 8013. None of the funds made available by this 
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress. 
SEC. 8014. None of the funds appropriated by this 
Act shall be available for the basic pay and allowances of 
any member of the Army participating as a full-time stu-
dent and receiving benefits paid by the Secretary of Vet-
erans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is 
credited toward completion of a service commitment: Pro-
vided, That this section shall not apply to those members 
who have reenlisted with this option prior to October 1, 
1987: Provided further, That this section applies only to 
active components of the Army. 
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(TRANSFER OF FUNDS) 
SEC. 8015. Funds appropriated in title III of this Act 
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing 
a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National De-
fense Authorization Act for Fiscal Year 1991 (Public Law 
101–510; 10 U.S.C. 2302 note), as amended, under the 
authority of this provision or any other transfer authority 
contained in this Act. 
SEC. 8016. None of the funds in this Act may be 
available for the purchase by the Department of Defense 
(and its departments and agencies) of welded shipboard 
anchor and mooring chain 4 inches in diameter and under 
unless the anchor and mooring chain are manufactured 
in the United States from components which are substan-
tially manufactured in the United States: Provided, That 
for the purpose of this section, the term ‘‘manufactured’’ 
shall include cutting, heat treating, quality control, testing 
of chain and welding (including the forging and shot blast-
ing process): Provided further, That for the purpose of this 
section substantially all of the components of anchor and 
mooring chain shall be considered to be produced or manu-
factured in the United States if the aggregate cost of the 
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components produced or manufactured in the United 
States exceeds the aggregate cost of the components pro-
duced or manufactured outside the United States: Pro-
vided further, That when adequate domestic supplies are 
not available to meet Department of Defense requirements 
on a timely basis, the Secretary of the service responsible 
for the procurement may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations that such an acquisition must be made 
in order to acquire capability for national security pur-
poses. 
SEC. 8017. None of the funds available to the De-
partment of Defense, herein and hereafter, 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 demilitarize or destroy small arms 
ammunition or ammunition components that are not oth-
erwise prohibited from commercial sale under Federal law, 
unless the small arms ammunition or ammunition compo-
nents are certified by the Secretary of the Army or des-
ignee as unserviceable or unsafe for further use. 
SEC. 8018. No more than $500,000 of the funds ap-
propriated or made available in this Act shall be used dur-
ing a single fiscal year for any single relocation of an orga-
nization, unit, activity or function of the Department of 
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Defense into or within the National Capital Region: Pro-
vided, That the Secretary of Defense may waive this re-
striction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relo-
cation is required in the best interest of the Government. 
SEC. 8019. In addition to the funds provided else-
where in this Act, $15,000,000 is appropriated only for 
incentive payments authorized by section 504 of the In-
dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 
That a prime contractor or a subcontractor at any tier 
that makes a subcontract award to any subcontractor or 
supplier as defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by 
an individual or individuals defined under section 4221(9) 
of title 25, United States Code, shall be considered a con-
tractor for the purposes of being allowed additional com-
pensation under section 504 of the Indian Financing Act 
of 1974 (25 U.S.C. 1544) whenever the prime contract 
or subcontract amount is over $500,000 and involves the 
expenditure of funds appropriated by an Act making Ap-
propriations for the Department of Defense with respect 
to any fiscal year: Provided further, That notwithstanding 
section 1906 of title 41, United States Code, this section 
shall be applicable to any Department of Defense acquisi-
tion of supplies or services, including any contract and any 
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subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part, by any 
subcontractor or supplier defined in section 1544 of title 
25, United States Code, or a small business owned and 
controlled by an individual or individuals defined under 
section 4221(9) of title 25, United States Code. 
SEC. 8020. Funds appropriated by this Act for the 
Defense Media Activity shall not be used for any national 
or international political or psychological activities. 
SEC. 8021. During the current fiscal year, the De-
partment of Defense is authorized to incur obligations of 
not to exceed $350,000,000 for purposes specified in sec-
tion 2350j(c) of title 10, United States Code, in anticipa-
tion of receipt of contributions, only from the Government 
of Kuwait, under that section: Provided, That upon re-
ceipt, such contributions from the Government of Kuwait 
shall be credited to the appropriations or fund which in-
curred such obligations. 
SEC. 8022. (a) Of the funds made available in this 
Act, not less than $38,619,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
(1) $28,404,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil 
Air Patrol Corporation operation and maintenance, 
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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) $917,000 shall be available from ‘‘Other 
Procurement, Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and 
local government agencies. 
SEC. 8023. (a) None of the funds appropriated in this 
Act are available to establish a new Department of De-
fense (department) federally funded research and develop-
ment center (FFRDC), either as a new entity, or as a 
separate entity administrated by an organization man-
aging another FFRDC, or as a nonprofit membership cor-
poration consisting of a consortium of other FFRDCs and 
other nonprofit entities. 
(b) No member of a Board of Directors, Trustees, 
Overseers, Advisory Group, Special Issues Panel, Visiting 
Committee, or any similar entity of a defense FFRDC, 
and no paid consultant to any defense FFRDC, except 
when acting in a technical advisory capacity, may be com-
pensated for his or her services as a member of such enti-
ty, or as a paid consultant by more than one FFRDC in 
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a fiscal year: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Fed-
eral Joint Travel Regulations, when engaged in the per-
formance of membership duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to the department from any source 
during fiscal year 2013 may be used by a defense FFRDC, 
through a fee or other payment mechanism, for construc-
tion of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of 
contract overruns, or for certain charitable contributions, 
not to include employee participation in community service 
and/or development. 
(d) Notwithstanding any other provision of law, of 
the funds available to the department during fiscal year 
2013, not more than 5,750 staff years of technical effort 
(staff years) may be funded for defense FFRDCs: Pro-
vided, That of the specific amount referred to previously 
in this subsection, not more than 1,125 staff years may 
be funded for the defense studies and analysis FFRDCs: 
Provided further, That this subsection shall not apply to 
staff years funded in the National Intelligence Program 
(NIP) and the Military Intelligence Program (MIP). 
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(e) The Secretary of Defense shall, with the submis-
sion of the department’s fiscal year 2014 budget request, 
submit a report presenting the specific amounts of staff 
years of technical effort to be allocated for each defense 
FFRDC during that fiscal year and the associated budget 
estimates. 
SEC. 8024. None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy 
or armor steel plate for use in any Government-owned fa-
cility or property under the control of the Department of 
Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement re-
strictions shall apply to any and all Federal Supply Class 
9515, American Society of Testing and Materials (ASTM) 
or American Iron and Steel Institute (AISI) specifications 
of carbon, alloy or armor steel plate: Provided further, 
That the Secretary of the military department responsible 
for the procurement may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate that adequate domestic supplies are not available 
to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order 
to acquire capability for national security purposes: Pro-
vided further, That these restrictions shall not apply to 
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contracts which are in being as of the date of the enact-
ment of this Act. 
SEC. 8025. For the purposes of this Act, the term 
‘‘congressional defense committees’’ means the Armed 
Services Committee of the House of Representatives, the 
Armed Services Committee of the Senate, the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representa-
tives. 
SEC. 8026. During the current fiscal year, the De-
partment of Defense may acquire the modification, depot 
maintenance and repair of aircraft, vehicles and vessels 
as well as the production of components and other De-
fense-related articles, through competition between De-
partment of Defense depot maintenance activities and pri-
vate firms: Provided, That the Senior Acquisition Execu-
tive of the military department or Defense Agency con-
cerned, with power of delegation, shall certify that success-
ful bids include comparable estimates of all direct and in-
direct costs for both public and private bids: Provided fur-
ther, That Office of Management and Budget Circular A– 
76 shall not apply to competitions conducted under this 
section. 
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SEC. 8027. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the 
terms of the agreement by discriminating against certain 
types of products produced in the United States that are 
covered by the agreement, the Secretary of Defense shall 
rescind the Secretary’s blanket waiver of the Buy Amer-
ican Act with respect to such types of products produced 
in that foreign country. 
(2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country 
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products 
in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense 
purchases from foreign entities in fiscal year 2013. Such 
report shall separately indicate the dollar value of items 
for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade 
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a 
party. 
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(c) For purposes of this section, the term ‘‘Buy 
American Act’’ means chapter 83 of title 41, United 
States Code. 
SEC. 8028. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by sec-
tion 2921(c)(1) of the National Defense Authorization Act 
of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 
be available until expended for the payments specified by 
section 2921(c)(2) of that Act. 
SEC. 8029. (a) Notwithstanding any other provision 
of law, the Secretary of the Air Force may convey at no 
cost to the Air Force, without consideration, to Indian 
tribes located in the States of Nevada, Idaho, North Da-
kota, South Dakota, Montana, Oregon, Minnesota, and 
Washington relocatable military housing units located at 
Grand Forks Air Force Base, Malmstrom Air Force Base, 
Mountain Home Air Force Base, Ellsworth Air Force 
Base, and Minot Air Force Base that are excess to the 
needs of the Air Force. 
(b) The Secretary of the Air Force shall convey, at 
no cost to the Air Force, military housing units under sub-
section (a) in accordance with the request for such units 
that are submitted to the Secretary by the Operation 
Walking Shield Program on behalf of Indian tribes located 
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in the States of Nevada, Idaho, North Dakota, South Da-
kota, Montana, Oregon, Minnesota, and Washington. Any 
such conveyance shall be subject to the condition that the 
housing units shall be removed within a reasonable period 
of time, as determined by the Secretary. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for 
housing units under subsection (a) before submitting re-
quests to the Secretary of the Air Force under subsection 
(b). 
(d) In this section, the term ‘‘Indian tribe’’ means 
any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section 
104 of the Federally Recognized Indian Tribe Act of 1994 
(Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 
1). 
SEC. 8030. During the current fiscal year, appropria-
tions which are available to the Department of Defense 
for operation and maintenance may be used to purchase 
items having an investment item unit cost of not more 
than $250,000. 
SEC. 8031. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the 
purchase of an investment item for the purpose of acquir-
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ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable 
to the Department of Defense Business Operations Fund 
during fiscal year 1994 and if the purchase of such an 
investment item would be chargeable during the current 
fiscal year to appropriations made to the Department of 
Defense for procurement. 
(b) The fiscal year 2014 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2014 
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be 
budgeted for in a proposed fiscal year 2014 procurement 
appropriation and not in the supply management business 
area or any other area or category of the Department of 
Defense Working Capital Funds. 
SEC. 8032. None of the funds appropriated by this 
Act for programs of the Central Intelligence Agency shall 
remain available for obligation beyond the current fiscal 
year, except for funds appropriated for the Reserve for 
Contingencies, which shall remain available until Sep-
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tember 30, 2014: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intel-
ligence Agency Central Services Working Capital Fund 
during this or any prior or subsequent fiscal year shall 
remain available until expended: Provided further, That 
any funds appropriated or transferred to the Central Intel-
ligence Agency for advanced research and development ac-
quisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of 
the National Security Act of 1947, as amended, shall re-
main available until September 30, 2014. 
SEC. 8033. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence 
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands. 
SEC. 8034. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Main-
tenance, Defense-Wide’’, not less than $12,000,000 shall 
be made available only for the mitigation of environmental 
impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
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veloping a system for prioritization of mitigation and cost 
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities. 
SEC. 8035. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, com-
plies with the Buy American Act. For purposes of this 
subsection, the term ‘‘Buy American Act’’ means chapter 
83 of title 41, United States Code. 
(b) If the Secretary of Defense determines that a per-
son has been convicted of intentionally affixing a label 
bearing a ‘‘Made in America’’ inscription to any product 
sold in or shipped to the United States that is not made 
in America, the Secretary shall determine, in accordance 
with section 2410f of title 10, United States Code, wheth-
er the person should be debarred from contracting with 
the Department of Defense. 
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is 
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase 
only American-made equipment and products, provided 
that American-made equipment and products are cost- 
competitive, quality competitive, and available in a timely 
fashion. 
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SEC. 8036. None of the funds appropriated by this 
Act shall be available for a contract for studies, analysis, 
or consulting services entered into without competition on 
the basis of an unsolicited proposal unless the head of the 
activity responsible for the procurement determines— 
(1) as a result of thorough technical evaluation, 
only one source is found fully qualified to perform 
the proposed work; 
(2) the purpose of the contract is to explore an 
unsolicited proposal which offers significant sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or 
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a 
new product or idea of a specific concern is given fi-
nancial support: Provided, That this limitation shall 
not apply to contracts in an amount of less than 
$25,000, contracts related to improvements of equip-
ment that is in development or production, or con-
tracts as to which a civilian official of the Depart-
ment of Defense, who has been confirmed by the 
Senate, determines that the award of such contract 
is in the interest of the national defense. 
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SEC. 8037. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place 
of duty remains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection 
(a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the 
House of Representatives and Senate that the granting 
of the waiver will reduce the personnel requirements or 
the financial requirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the 
National Intelligence Program; 
(2) an Army field operating agency established 
to eliminate, mitigate, or counter the effects of im-
provised explosive devices, and, as determined by the 
Secretary of the Army, other similar threats; or 
(3) an Army field operating agency established 
to improve the effectiveness and efficiencies of bio-
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metric activities and to integrate common biometric 
technologies throughout the Department of Defense. 
SEC. 8038. The Secretary of Defense, notwith-
standing any other provision of law, acting through the 
Office of Economic Adjustment of the Department of De-
fense, may use funds made available in this Act under the 
heading ‘‘Operation and Maintenance, Defense-Wide’’ to 
make grants and supplement other Federal funds in ac-
cordance with the guidance provided in the explanatory 
statement regarding this Act. 
SEC. 8039. (a) None of the funds appropriated by 
this Act shall be available to convert to contractor per-
formance an activity or function of the Department of De-
fense that, on or after the date of the enactment of this 
Act, is performed by Department of Defense civilian em-
ployees unless— 
(1) the conversion is based on the result of a 
public-private competition that includes a most effi-
cient and cost effective organization plan developed 
by such activity or function; 
(2) the Competitive Sourcing Official deter-
mines that, over all performance periods stated in 
the solicitation of offers for performance of the ac-
tivity or function, the cost of performance of the ac-
tivity or function by a contractor would be less costly 
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to the Department of Defense by an amount that 
equals or exceeds the lesser of— 
(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advan-
tage for a proposal that would reduce costs for the 
Department of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the pre-
mium or subscription share than the amount 
that is paid by the Department of Defense for 
health benefits for civilian employees under 
chapter 89 of title 5, United States Code. 
(b)(1) The Department of Defense, without regard 
to subsection (a) of this section or subsection (a), (b), or 
(c) of section 2461 of title 10, United States Code, and 
notwithstanding any administrative regulation, require-
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ment, or policy to the contrary shall have full authority 
to enter into a contract for the performance of any com-
mercial or industrial type function of the Department of 
Defense that— 
(A) is included on the procurement list estab-
lished pursuant to section 2 of the Javits-Wagner- 
O’Day Act (section 8503 of title 41, United States 
Code); 
(B) is planned to be converted to performance 
by a qualified nonprofit agency for the blind or by 
a qualified nonprofit agency for other severely handi-
capped individuals in accordance with that Act; or 
(C) is planned to be converted to performance 
by a qualified firm under at least 51 percent owner-
ship by an Indian tribe, as defined in section 4(e) 
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b(e)), or a Native Ha-
waiian Organization, as defined in section 8(a)(15) 
of the Small Business Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot contracts 
or contracts for depot maintenance as provided in sections 
2469 and 2474 of title 10, United States Code. 
(c) The conversion of any activity or function of the 
Department of Defense under the authority provided by 
this section shall be credited toward any competitive or 
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outsourcing goal, target, or measurement that may be es-
tablished by statute, regulation, or policy and is deemed 
to be awarded under the authority of, and in compliance 
with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of com-
mercial activities. 
(RESCISSIONS) 
SEC. 8040. 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: 
‘‘Procurement of Ammunition, Army, 2011/2013’’, 
$14,862,000; 
‘‘Aircraft 
Procurement, 
Navy, 
2011/2013’’, 
$30,100,000; 
‘‘Weapons 
Procurement, 
Navy, 
2011/2013’’, 
$22,000,000; 
‘‘Other 
Procurement, 
Navy, 
2011/2013’’, 
$12,432,000; 
‘‘Aircraft Procurement, Air Force, 2011/2013’’, 
$65,000,000; 
‘‘Other 
Procurement, 
Air 
Force, 
2011/2013’’, 
$9,500,000; 
‘‘Other 
Procurement, 
Army, 
2012/2014’’, 
$80,000,000; 
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‘‘Aircraft 
Procurement, 
Navy, 
2012/2014’’, 
$14,400,000; 
‘‘Weapons 
Procurement, 
Navy, 
2012/2014’’, 
$31,572,000; 
‘‘Aircraft Procurement, Air Force, 2012/2014’’, 
$277,050,000; 
‘‘Missile Procurement, Air Force, 2012/2014’’, 
$44,000,000; 
‘‘Other 
Procurement, 
Air 
Force, 
2012/2014’’, 
$55,800,000; 
‘‘Research, Development, Test and Evaluation, 
Army, 2012/2013’’, $63,000,000; 
‘‘Research, Development, Test and Evaluation, Navy, 
2012/2013’’, $120,000,000; and 
‘‘Research, Development, Test and Evaluation, Air 
Force, 2012/2013’’, $179,600,000. 
SEC. 8041. None of the funds available in this Act 
may be used to reduce the authorized positions for mili-
tary technicians (dual status) of the Army National 
Guard, Air National Guard, Army Reserve and Air Force 
Reserve for the purpose of applying any administratively 
imposed civilian personnel ceiling, freeze, or reduction on 
military technicians (dual status), unless such reductions 
are a direct result of a reduction in military force struc-
ture. 
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SEC. 8042. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose. 
SEC. 8043. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available 
for reimbursement of pay, allowances and other expenses 
which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the 
activities and programs included within the National Intel-
ligence Program and the Military Intelligence Program: 
Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel 
and training procedures. 
SEC. 8044. During the current fiscal year, none of 
the funds appropriated in this Act may be used to reduce 
the civilian medical and medical support personnel as-
signed to military treatment facilities below the September 
30, 2003, level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional defense committees that the beneficiary population 
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is declining in some catchment areas and civilian strength 
reductions may be consistent with responsible resource 
stewardship and capitation-based budgeting. 
SEC. 8045. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to 
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction 
and counter-drug activities may be transferred to any 
other department or agency of the United States except 
as specifically provided in an appropriations law. 
SEC. 8046. None of the funds appropriated by this 
Act may be used for the procurement of ball and roller 
bearings other than those produced by a domestic source 
and of domestic origin: Provided, That the Secretary of 
the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that 
such an acquisition must be made in order to acquire ca-
pability for national security purposes: Provided further, 
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That this restriction shall not apply to the purchase of 
‘‘commercial items’’, as defined by section 4(12) of the 
Office of Federal Procurement Policy Act, except that the 
restriction shall apply to ball or roller bearings purchased 
as end items. 
SEC. 8047. None of the funds in this Act may be 
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees 
that such an acquisition must be made in order to acquire 
capability for national security purposes that is not avail-
able from United States manufacturers. 
SEC. 8048. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of the Department of Defense who ap-
proves or implements the transfer of administrative re-
sponsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction 
of another Federal agency not financed by this Act with-
out the express authorization of Congress: Provided, That 
this limitation shall not apply to transfers of funds ex-
pressly provided for in Defense Appropriations Acts, or 
provisions of Acts providing supplemental appropriations 
for the Department of Defense. 
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SEC. 8049. (a) Notwithstanding any other provision 
of law, none of the funds available to the Department of 
Defense for the current fiscal year may be obligated or 
expended to transfer to another nation or an international 
organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense commit-
tees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations 
of the Senate are notified 15 days in advance of such 
transfer. 
(b) This section applies to— 
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter 
VI or chapter VII of the United Nations Charter 
under the authority of a United Nations Security 
Council resolution; and 
(2) any other international peacekeeping, peace- 
enforcement, or humanitarian assistance operation. 
(c) A notice under subsection (a) shall include the 
following: 
(1) A description of the equipment, supplies, or 
services to be transferred. 
(2) A statement of the value of the equipment, 
supplies, or services to be transferred. 
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(3) In the case of a proposed transfer of equip-
ment or supplies— 
(A) a statement of whether the inventory 
requirements of all elements of the Armed 
Forces (including the reserve components) for 
the type of equipment or supplies to be trans-
ferred have been met; and 
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced 
and, if so, how the President proposes to pro-
vide funds for such replacement. 
SEC. 8050. None of the funds available to the De-
partment of Defense under this Act shall be obligated or 
expended to pay a contractor under a contract with the 
Department of Defense for costs of any amount paid by 
the contractor to an employee when— 
(1) such costs are for a bonus or otherwise in 
excess of the normal salary paid by the contractor 
to the employee; and 
(2) such bonus is part of restructuring costs as-
sociated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8051. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
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