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- 
Wide’’ may be transferred to appropriations available for 
the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations 
to which transferred, to be used in support of such per-
sonnel in connection with support and services for eligible 
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organizations and activities outside the Department of De-
fense pursuant to section 2012 of title 10, United States 
Code. 
SEC. 8052. During the current fiscal year, in the case 
of an appropriation account of the Department of Defense 
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section 
1552 of title 31, United States Code, and which has a 
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged 
to any current appropriation account for the same purpose 
as the expired or closed account if— 
(1) the obligation would have been properly 
chargeable (except as to amount) to the expired or 
closed account before the end of the period of avail-
ability or closing of that account; 
(2) the obligation is not otherwise properly 
chargeable to any current appropriation account of 
the Department of Defense; and 
(3) in the case of an expired account, the obli-
gation is not chargeable to a current appropriation 
of the Department of Defense under the provisions 
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law 
101–510, as amended (31 U.S.C. 1551 note): Pro-
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vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there 
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall 
be reversed and recorded against the expired ac-
count: Provided further, That the total amount 
charged to a current appropriation under this sec-
tion may not exceed an amount equal to 1 percent 
of the total appropriation for that account. 
SEC. 8053. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may per-
mit the use of equipment of the National Guard Distance 
Learning Project by any person or entity on a space-avail-
able, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for 
such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Dis-
tance Learning Project and be available to defray the costs 
associated with the use of equipment of the project under 
that subsection. Such funds shall be available for such 
purposes without fiscal year limitation. 
SEC. 8054. Using funds made available by this Act 
or any other Act, the Secretary of the Air Force, pursuant 
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to a determination under section 2690 of title 10, United 
States Code, may implement cost-effective agreements for 
required 
heating 
facility 
modernization 
in 
the 
Kaiserslautern Military Community in the Federal Repub-
lic of Germany: Provided, That in the City of 
Kaiserslautern and at the Rhine Ordnance Barracks area, 
such agreements will include the use of United States an-
thracite as the base load energy for municipal district heat 
to the United States Defense installations: Provided fur-
ther, That at Landstuhl Army Regional Medical Center 
and Ramstein Air Base, furnished heat may be obtained 
from private, regional or municipal services, if provisions 
are included for the consideration of United States coal 
as an energy source. 
SEC. 8055. None of the funds appropriated in title 
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational 
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development, 
prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this 
restriction does not apply to programs funded within the 
National Intelligence Program: Provided further, That the 
Secretary of Defense may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
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on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do 
so. 
SEC. 8056. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign 
country, or would invalidate reciprocal trade agreements 
for the procurement of defense items entered into under 
section 2531 of title 10, United States Code, and the 
country does not discriminate against the same or similar 
defense items produced in the United States for that coun-
try. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on 
or after the date of the enactment of this Act; and 
(2) options for the procurement of items that 
are exercised after such date under contracts that 
are entered into before such date if the option prices 
are adjusted for any reason other than the applica-
tion of a waiver granted under subsection (a). 
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(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by 
section 11 (chapters 50–65) of the Harmonized Tariff 
Schedule and products classified under headings 4010, 
4202, 4203, 6401 through 6406, 6505, 7019, 7218 
through 7229, 7304.41 through 7304.49, 7306.40, 7502 
through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8057. (a) None of the funds made available by 
this Act may be used to support any training program in-
volving a unit of the security forces or police of a foreign 
country if the Secretary of Defense has received credible 
information from the Department of State that the unit 
has committed a gross violation of human rights, unless 
all necessary corrective steps have been taken. 
(b) The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision 
to conduct any training program referred to in subsection 
(a), full consideration is given to all credible information 
available to the Department of State relating to human 
rights violations by foreign security forces. 
(c) The Secretary of Defense, after consultation with 
the Secretary of State, may waive the prohibition in sub-
section (a) if he determines that such waiver is required 
by extraordinary circumstances. 
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(d) Not more than 15 days after the exercise of any 
waiver under subsection (c), the Secretary of Defense shall 
submit a report to the congressional defense committees 
describing the extraordinary circumstances, the purpose 
and duration of the training program, the United States 
forces and the foreign security forces involved in the train-
ing program, and the information relating to human rights 
violations that necessitates the waiver. 
SEC. 8058. None of the funds appropriated or other-
wise made available by this or other Department of De-
fense Appropriations Acts may be obligated or expended 
for the purpose of performing repairs or maintenance to 
military family housing units of the Department of De-
fense, including areas in such military family housing 
units that may be used for the purpose of conducting offi-
cial Department of Defense business. 
SEC. 8059. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’ for any new start advanced concept technology 
demonstration project or joint capability demonstration 
project may only be obligated 45 days after a report, in-
cluding a description of the project, the planned acquisi-
tion and transition strategy and its estimated annual and 
total cost, has been provided in writing to the congres-
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sional defense committees: Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case 
basis by certifying to the congressional defense committees 
that it is in the national interest to do so. 
SEC. 8060. The Secretary of Defense shall provide 
a classified quarterly report beginning 30 days after enact-
ment of this Act, to the House and Senate Appropriations 
Committees, Subcommittees on Defense on certain mat-
ters as directed in the classified annex accompanying this 
Act. 
SEC. 8061. During the current fiscal year, none of 
the funds available to the Department of Defense may be 
used to provide support to another department or agency 
of the United States if such department or agency is more 
than 90 days in arrears in making payment to the Depart-
ment of Defense for goods or services previously provided 
to such department or agency on a reimbursable basis: 
Provided, That this restriction shall not apply if the de-
partment is authorized by law to provide support to such 
department or agency on a nonreimbursable basis, and is 
providing the requested support pursuant to such author-
ity: Provided further, That the Secretary of Defense may 
waive this restriction on a case-by-case basis by certifying 
in writing to the Committees on Appropriations of the 
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House of Representatives and the Senate that it is in the 
national security interest to do so. 
SEC. 8062. Notwithstanding section 12310(b) of title 
10, United States Code, a Reserve who is a member of 
the National Guard serving on full-time National Guard 
duty under section 502(f) of title 32, United States Code, 
may perform duties in support of the ground-based ele-
ments of the National Ballistic Missile Defense System. 
SEC. 8063. None of the funds provided in this Act 
may be used to transfer to any nongovernmental entity 
ammunition held by the Department of Defense that has 
a center-fire cartridge and a United States military no-
menclature designation of ‘‘armor penetrator’’, ‘‘armor 
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 
‘‘armor-piercing incendiary tracer (API–T)’’, except to an 
entity performing demilitarization services for the Depart-
ment of Defense under a contract that requires the entity 
to demonstrate to the satisfaction of the Department of 
Defense that armor piercing projectiles are either: (1) ren-
dered incapable of reuse by the demilitarization process; 
or (2) used to manufacture ammunition pursuant to a con-
tract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Per-
manent Export of Unclassified Military Articles issued by 
the Department of State. 
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SEC. 8064. Notwithstanding any other provision of 
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under section 2667 
of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to 
any organization specified in section 508(d) of title 32, 
United States Code, or any other youth, social, or fra-
ternal nonprofit organization as may be approved by the 
Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis. 
SEC. 8065. None of the funds appropriated by this 
Act shall be used for the support of any nonappropriated 
funds activity of the Department of Defense that procures 
malt beverages and wine with nonappropriated funds for 
resale (including such alcoholic beverages sold by the 
drink) on a military installation located in the United 
States unless such malt beverages and wine are procured 
within that State, or in the case of the District of Colum-
bia, within the District of Columbia, in which the military 
installation is located: Provided, That in a case in which 
the military installation is located in more than one State, 
purchases may be made in any State in which the installa-
tion is located: Provided further, That such local procure-
ment requirements for malt beverages and wine shall 
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apply to all alcoholic beverages only for military installa-
tions in States which are not contiguous with another 
State: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most 
competitive source, price and other factors considered. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8066. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$133,381,000 shall remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
the Secretary of Defense is authorized to transfer such 
funds to other activities of the Federal Government: Pro-
vided further, That the Secretary of Defense is authorized 
to enter into and carry out contracts for the acquisition 
of real property, construction, personal services, and oper-
ations related to projects carrying out the purposes of this 
section: Provided further, That contracts entered into 
under the authority of this section may provide for such 
indemnification as the Secretary determines to be nec-
essary: Provided further, That projects authorized by this 
section shall comply with applicable Federal, State, and 
local law to the maximum extent consistent with the na-
tional security, as determined by the Secretary of Defense. 
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SEC. 8067. Section 8106 of the Department of De-
fense Appropriations Act, 1997 (titles I through VIII of 
the matter under subsection 101(b) of Public Law 104– 
208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con-
tinue in effect to apply to disbursements that are made 
by the Department of Defense in fiscal year 2013. 
SEC. 8068. In addition to amounts provided else-
where in this Act, $4,000,000 is hereby appropriated to 
the Department of Defense, to remain available for obliga-
tion until expended: Provided, That notwithstanding any 
other provision of law, that upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, these funds shall be available only for a grant to the 
Fisher House Foundation, Inc., only for the construction 
and furnishing of additional Fisher Houses to meet the 
needs of military family members when confronted with 
the illness or hospitalization of an eligible military bene-
ficiary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. Of the amounts appropriated in this Act 
under the heading ‘‘Research, Development, Test and 
Evaluation, Defense-Wide’’, $948,736,000 shall be for the 
Israeli Cooperative Programs: Provided, That of this 
amount, $149,679,000 shall be for the Short Range Bal-
listic Missile Defense (SRBMD) program, including cruise 
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missile defense research and development under the 
SRBMD program, of which $15,000,000 shall be for pro-
duction activities of SRBMD missiles in the United States 
and in Israel to meet Israel’s defense requirements con-
sistent with each nation’s laws, regulations, and proce-
dures, $74,692,000 shall be available for an upper-tier 
component to the Israeli Missile Defense Architecture, and 
$44,365,000 shall be for the Arrow System Improvement 
Program including development of a long range, ground 
and airborne, detection suite, and $680,000,000 shall be 
for the Iron Dome program: Provided further, That funds 
made available under this provision for production of mis-
siles and missile components may be transferred to appro-
priations available for the procurement of weapons and 
equipment, to be merged with and to be available for the 
same time period and the same purposes as the appropria-
tion to which transferred: Provided further, That the 
transfer authority provided under this provision is in addi-
tion to any other transfer authority contained in this Act. 
SEC. 8070. None of the funds available to the De-
partment of Defense may be obligated to modify command 
and control relationships to give Fleet Forces Command 
operational and administrative control of U.S. Navy forces 
assigned to the Pacific fleet: Provided, That the command 
and control relationships which existed on October 1, 
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1994, shall remain in force unless changes are specifically 
authorized in a subsequent Act. 
SEC. 8071. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$372,573,000 shall be available until September 30, 2013, 
to fund prior year shipbuilding cost increases: Provided, 
That upon enactment of this Act, the Secretary of the 
Navy shall transfer funds to the following appropriations 
in the amounts specified: Provided further, That the 
amounts transferred shall be merged with and be available 
for the same purposes as the appropriations to which 
transferred to: 
(1) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2007/2013’’: LHA Replacement Pro-
gram $156,685,000; 
(2) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2008/2013’’: LPD–17 Amphibious 
Transport Dock Program $80,888,000; and 
(3) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2009/2013’’: CVN Refueling Over-
hauls $135,000,000. 
SEC. 8072. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the Na-
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tional Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2013 until the enactment of the Intelligence Author-
ization Act for Fiscal Year 2013. 
SEC. 8073. None of the funds provided in this Act 
shall be available for obligation or expenditure through a 
reprogramming of funds that creates or initiates a new 
program, project, or activity unless such program, project, 
or activity must be undertaken immediately in the interest 
of national security and only after written prior notifica-
tion to the congressional defense committee. 
SEC. 8074. The budget of the President for fiscal 
year 2014 submitted to the Congress pursuant to section 
1105 of title 31, United States Code, shall include sepa-
rate budget justification documents for costs of United 
States Armed Forces’ participation in contingency oper-
ations for the Military Personnel accounts, the Operation 
and Maintenance accounts, and the Procurement ac-
counts: Provided, That these documents shall include a de-
scription of the funding requested for each contingency op-
eration, for each military service, to include all Active and 
Reserve components, and for each appropriations account: 
Provided further, That these documents shall include esti-
mated costs for each element of expense or object class, 
a reconciliation of increases and decreases for each contin-
gency operation, and programmatic data including, but 
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not limited to, troop strength for each Active and Reserve 
component, and estimates of the major weapons systems 
deployed in support of each contingency: Provided further, 
That these documents shall include budget exhibits OP– 
5 and OP–32 (as defined in the Department of Defense 
Financial Management Regulation) for all contingency op-
erations for the budget year and the two preceding fiscal 
years. 
SEC. 8075. None of the funds in this Act may be 
used for research, development, test, evaluation, procure-
ment or deployment of nuclear armed interceptors of a 
missile defense system. 
SEC. 8076. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$44,000,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, he shall make grants in the amounts specified as fol-
lows: $20,000,000 to the United Service Organizations 
and $24,000,000 to the Red Cross. 
SEC. 8077. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the 
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levels funded in this Act: Provided, That the Air Force 
shall allow the 53rd Weather Reconnaissance Squadron to 
perform other missions in support of national defense re-
quirements during the non-hurricane season. 
SEC. 8078. None of the funds provided in this Act 
shall be available for integration of foreign intelligence in-
formation unless the information has been lawfully col-
lected and processed during the conduct of authorized for-
eign intelligence activities: Provided, That information 
pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as imple-
mented through Executive Order No. 12333. 
SEC. 8079. (a) At the time members of reserve com-
ponents of the Armed Forces are called or ordered to ac-
tive duty under section 12302(a) of title 10, United States 
Code, each member shall be notified in writing of the ex-
pected period during which the member will be mobilized. 
(b) The Secretary of Defense may waive the require-
ments of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a 
national security emergency or to meet dire operational 
requirements of the Armed Forces. 
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(INCLUDING TRANSFER OF FUNDS) 
SEC. 8080. The Secretary of Defense may transfer 
funds from any available Department of the Navy appro-
priation to any available Navy ship construction appro-
priation for the purpose of liquidating necessary changes 
resulting from inflation, market fluctuations, or rate ad-
justments for any ship construction program appropriated 
in law: Provided, That the Secretary may transfer not to 
exceed $100,000,000 under the authority provided by this 
section: Provided further, That the Secretary may not 
transfer any funds until 30 days after the proposed trans-
fer has been reported to the Committees on Appropria-
tions of the House of Representatives and the Senate, un-
less a response from the Committees is received sooner: 
Provided further, That any funds transferred pursuant to 
this section shall retain the same period of availability as 
when originally appropriated: Provided further, That the 
transfer authority provided by this section is in addition 
to any other transfer authority contained elsewhere in this 
Act. 
SEC. 8081. For purposes of section 7108 of title 41, 
United States Code, any subdivision of appropriations 
made under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ that is not closed at the time reimbursement is 
made shall be available to reimburse the Judgment Fund 
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and shall be considered for the same purposes as any sub-
division under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ appropriations in the current fiscal year or any 
prior fiscal year. 
SEC. 8082. (a) None of the funds appropriated by 
this Act may be used to transfer research and develop-
ment, acquisition, or other program authority relating to 
current tactical unmanned aerial vehicles (TUAVs) from 
the Army. 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Sky Warrior Unmanned 
Aerial Vehicle (UAV) in order to support the Secretary 
of Defense in matters relating to the employment of un-
manned aerial vehicles. 
SEC. 8083. Up to $15,000,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
Navy’’ may be made available for the Asia Pacific Re-
gional Initiative Program for the purpose of enabling the 
Pacific Command to execute Theater Security Cooperation 
activities such as humanitarian assistance, and payment 
of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds 
made available for this purpose may be used, notwith-
standing any other funding authorities for humanitarian 
assistance, security assistance or combined exercise ex-
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penses: Provided further, That funds may not be obligated 
to provide assistance to any foreign country that is other-
wise prohibited from receiving such type of assistance 
under any other provision of law. 
SEC. 8084. None of the funds appropriated by this 
Act for programs of the Office of the Director of National 
Intelligence shall remain available for obligation beyond 
the current fiscal year, except for funds appropriated for 
research and technology, which shall remain available until 
September 30, 2014. 
SEC. 8085. For purposes of section 1553(b) of title 
31, United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8086. The Director of National Intelligence 
shall include the budget exhibits identified in paragraphs 
(1) and (2) as described in the Department of Defense 
Financial Management Regulation with the congressional 
budget justification books: 
(1) For procurement programs requesting more 
than $10,000,000 in any fiscal year, the P–1, Pro-
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curement Program; P–5, Cost Analysis; P–5a, Pro-
curement History and Planning; P–21, Production 
Schedule; and P–40, Budget Item Justification. 
(2) For research, development, test and evalua-
tion projects requesting more than $5,000,000 in 
any fiscal year, the R–1, Research, Development, 
Test and Evaluation Program; R–2, Research, De-
velopment, Test and Evaluation Budget Item Jus-
tification; R–3, Research, Development, Test and 
Evaluation Project Cost Analysis; and R–4, Re-
search, Development, Test and Evaluation Program 
Schedule Profile. 
SEC. 8087. Notwithstanding any other provision of 
this Act, due to an excessive level of funded carryover at 
Army depots, the total amount appropriated to ‘‘Operation 
and Maintenance, Army’’, in title II of this Act is hereby 
reduced by $1,207,400,000, and the total amount appro-
priated to ‘‘Other Procurement, Army’’, in title III of this 
Act is hereby reduced by $1,253,500,000. 
SEC. 8088. (a) Not later than 60 days after the date 
of enactment of this Act, the Director of National Intel-
ligence shall submit a report to the congressional intel-
ligence committees to establish the baseline for application 
of reprogramming and transfer authorities for fiscal year 
2013: Provided, That the report shall include— 
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(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation by Expenditure Center and project; and 
(3) an identification of items of special congres-
sional interest. 
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence 
certifies in writing to the congressional intelligence com-
mittees that such reprogramming or transfer is necessary 
as an emergency requirement. 
SEC. 8089. (a) None of the funds provided for the 
National Intelligence Program in this or any prior appro-
priations Act shall be available for obligation or expendi-
ture through a reprogramming or transfer of funds in ac-
cordance with section 102A(d) of the National Security 
Act of 1947 (50 U.S.C. 403–1(d)) that— 
(1) creates a new start effort; 
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(2) terminates a program with appropriated 
funding of $10,000,000 or more; 
(3) transfers funding into or out of the Na-
tional Intelligence Program; or 
(4) transfers funding between appropriations, 
unless the congressional intelligence committees are noti-
fied 30 days in advance of such reprogramming of funds; 
this notification period may be reduced for urgent national 
security requirements. 
(b) None of the funds provided for the National Intel-
ligence Program in this or any prior appropriations Act 
shall be available for obligation or expenditure through a 
reprogramming or transfer of funds in accordance with 
section 102A(d) of the National Security Act of 1947 (50 
U.S.C. 403–1(d)) that results in a cumulative increase or 
decrease of the levels specified in the classified annex ac-
companying the Act unless the congressional intelligence 
committees are notified 30 days in advance of such re-
programming of funds; this notification period may be re-
duced for urgent national security requirements. 
SEC. 8090. The Director of National Intelligence 
shall submit to Congress each year, at or about the time 
that the President’s budget is submitted to Congress that 
year under section 1105(a) of title 31, United States 
Code, a future-years intelligence program (including asso-
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ciated annexes) reflecting the estimated expenditures and 
proposed appropriations included in that budget. Any such 
future-years intelligence program shall cover the fiscal 
year with respect to which the budget is submitted and 
at least the four succeeding fiscal years. 
SEC. 8091. For the purposes of this Act, the term 
‘‘congressional intelligence committees’’ means the Perma-
nent Select Committee on Intelligence of the House of 
Representatives, the Select Committee on Intelligence of 
the Senate, the Subcommittee on Defense of the Com-
mittee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on 
Appropriations of the Senate. 
SEC. 8092. The Department of Defense shall con-
tinue to report incremental contingency operations costs 
for Operation New Dawn and Operation Enduring Free-
dom, or any other named operations in the U.S. Central 
Command area of operation on a monthly basis in the Cost 
of War Execution Report as prescribed in the Department 
of Defense Financial Management Regulation Department 
of Defense Instruction 7000.14, Volume 12, Chapter 23 
‘‘Contingency Operations’’, Annex 1, dated September 
2005. 
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(INCLUDING TRANSFER OF FUNDS) 
SEC. 8093. During the current fiscal year, not to ex-
ceed $11,000,000 from each of the appropriations made 
in title II of this Act for ‘‘Operation and Maintenance, 
Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-
ation and Maintenance, Air Force’’ may be transferred by 
the military department concerned to its central fund es-
tablished for Fisher Houses and Suites pursuant to sec-
tion 2493(d) of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8094. Funds appropriated by this Act for oper-
ation and maintenance may be available for the purpose 
of making remittances to the Defense Acquisition Work-
force Development Fund in accordance with the require-
ments of section 1705 of title 10, United States Code. 
SEC. 8095. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public website of that agency any report 
required to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the agen-
cy that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report com-
promises national security; or 
(2) the report contains proprietary information. 
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(c) The head of the agency posting such report shall 
do so only after such report has been made available to 
the requesting Committee or Committees of Congress for 
no less than 45 days. 
SEC. 8096. (a) None of the funds appropriated or 
otherwise made available by this Act may be expended for 
any Federal contract for an amount in excess of 
$1,000,000, unless the contractor agrees not to— 
(1) enter into any agreement with any of its 
employees or independent contractors that requires, 
as a condition of employment, that the employee or 
independent contractor agree to resolve through ar-
bitration any claim under title VII of the Civil 
Rights Act of 1964 or any tort related to or arising 
out of sexual assault or harassment, including as-
sault and battery, intentional infliction of emotional 
distress, false imprisonment, or negligent hiring, su-
pervision, or retention; or 
(2) take any action to enforce any provision of 
an existing agreement with an employee or inde-
pendent contractor that mandates that the employee 
or independent contractor resolve through arbitra-
tion any claim under title VII of the Civil Rights Act 
of 1964 or any tort related to or arising out of sex-
ual assault or harassment, including assault and 
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battery, intentional infliction of emotional distress, 
false imprisonment, or negligent hiring, supervision, 
or retention. 
(b) None of the funds appropriated or otherwise 
made available by this Act may be expended for any Fed-
eral contract unless the contractor certifies that it requires 
each covered subcontractor to agree not to enter into, and 
not to take any action to enforce any provision of, any 
agreement as described in paragraphs (1) and (2) of sub-
section (a), with respect to any employee or independent 
contractor performing work related to such subcontract. 
For purposes of this subsection, a ‘‘covered subcon-
tractor’’ is an entity that has a subcontract in excess of 
$1,000,000 on a contract subject to subsection (a). 
(c) The prohibitions in this section do not apply with 
respect to a contractor’s or subcontractor’s agreements 
with employees or independent contractors that may not 
be enforced in a court of the United States. 
(d) The Secretary of Defense may waive the applica-
tion of subsection (a) or (b) to a particular contractor or 
subcontractor for the purposes of a particular contract or 
subcontract if the Secretary or the Deputy Secretary per-
sonally determines that the waiver is necessary to avoid 
harm to national security interests of the United States, 
and that the term of the contract or subcontract is not 
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longer than necessary to avoid such harm. The determina-
tion shall set forth with specificity the grounds for the 
waiver and for the contract or subcontract term selected, 
and shall state any alternatives considered in lieu of a 
waiver and the reasons each such alternative would not 
avoid harm to national security interests of the United 
States. The Secretary of Defense shall transmit to Con-
gress, and simultaneously make public, any determination 
under this subsection not less than 15 business days be-
fore the contract or subcontract addressed in the deter-
mination may be awarded. 
SEC. 8097. None of the funds made available under 
this Act may be distributed to the Association of Commu-
nity Organizations for Reform Now (ACORN) or its sub-
sidiaries. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8098. From within the funds appropriated for 
operation and maintenance for the Defense Health Pro-
gram in this Act, up to $139,204,000, shall be available 
for transfer to the Joint Department of Defense-Depart-
ment of Veterans Affairs Medical Facility Demonstration 
Fund in accordance with the provisions of section 1704 
of the National Defense Authorization Act for Fiscal Year 
2010, Public Law 111–84: Provided, That for purposes 
of section 1704(b), the facility operations funded are oper-
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ations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Vet-
erans Affairs Medical Center, the Navy Ambulatory Care 
Center, and supporting facilities designated as a combined 
Federal medical facility as described by section 706 of 
Public Law 110–417: Provided further, That additional 
funds may be transferred from funds appropriated for op-
eration and maintenance for the Defense Health Program 
to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund upon 
written notification by the Secretary of Defense to the 
Committees on Appropriations of the House of Represent-
atives and the Senate. 
SEC. 8099. The Office of the Director of National 
Intelligence shall not employ more Senior Executive em-
ployees than are specified in the classified annex. 
SEC. 8100. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to pay a retired general or flag officer to serve 
as a senior mentor advising the Department of Defense 
unless such retired officer files a Standard Form 278 (or 
successor form concerning public financial disclosure 
under part 2634 of title 5, Code of Federal Regulations) 
to the Office of Government Ethics. 
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SEC. 8101. Appropriations available to the Depart-
ment of Defense may be used for the purchase of heavy 
and light armored vehicles for the physical security of per-
sonnel or for force protection purposes up to a limit of 
$250,000 per vehicle, notwithstanding price or other limi-
tations applicable to the purchase of passenger carrying 
vehicles. 
SEC. 8102. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Defense-Wide’’, the following 
amounts shall be available to the Secretary of Defense, 
for the following authorized purposes, notwithstanding 
any other provision of law, acting through the Office of 
Economic Adjustment of the Department of Defense, to 
make grants, conclude cooperative agreements, and sup-
plement other Federal funds, to remain available until ex-
pended, to assist the civilian population of Guam in re-
sponse to the military buildup of Guam: (1) $33,000,000 
for addressing the need for construction of a mental health 
and substance abuse facility and construction of a regional 
public health laboratory; and (2) $106,400,000 for ad-
dressing the need for civilian water and wastewater im-
provements: Provided, That the Secretary of Defense 
shall, not fewer than 15 days prior to obligating funds for 
either of the foregoing purposes, notify the congressional 
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defense committees in writing of the details of any such 
obligation. 
SEC. 8103. None of the funds made available by this 
Act may be used by the Secretary of Defense to take bene-
ficial occupancy of more than 2,000 parking spaces (other 
than handicap-reserved spaces) to be provided by the 
BRAC 133 project: Provided, That this limitation may be 
waived in part if: (1) the Secretary of Defense certifies 
to Congress that levels of service at existing intersections 
in the vicinity of the project have not experienced failing 
levels of service as defined by the Transportation Research 
Board Highway Capacity Manual over a consecutive 90- 
day period; (2) the Department of Defense and the Vir-
ginia Department of Transportation agree on the number 
of additional parking spaces that may be made available 
to employees of the facility subject to continued 90-day 
traffic monitoring; and (3) the Secretary of Defense noti-
fies the congressional defense committees in writing at 
least 14 days prior to exercising this waiver of the number 
of additional parking spaces to be made available: Pro-
vided further, That the Secretary of Defense shall imple-
ment the Department of Defense Inspector General rec-
ommendations outlined in report number DODIG–2012– 
024, and certify to Congress not later than 180 days after 
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enactment of this Act that the recommendations have been 
implemented. 
SEC. 8104. Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall resume monthly reporting of the numbers of civilian 
personnel end strength by appropriation account for each 
and every appropriation account used to finance Federal 
civilian personnel salaries to the congressional defense 
committees within 15 days after the end of each fiscal 
quarter. 
SEC. 8105. None of the funds appropriated in this 
or any other Act may be used to plan, prepare for, or oth-
erwise take any action to undertake or implement the sep-
aration of the National Intelligence Program budget from 
the Department of Defense budget. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8106. Upon a determination by the Director of 
National Intelligence that such action is necessary and in 
the national interest, the Director may, with the approval 
of the Office of Management and Budget, transfer not to 
exceed $2,000,000,000 of the funds made available in this 
Act for the National Intelligence Program: Provided, That 
such authority to transfer may not be used unless for 
higher priority items, based on unforeseen intelligence re-
quirements, than those for which originally appropriated 
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and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further, 
That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made 
prior to June 30, 2013. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8107. In addition to amounts provided else-
where in the Act, there is appropriated $270,000,000 for 
an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, to be available until expended: Provided, 
That such funds shall only be available to the Secretary 
of Defense, acting through the Office of Economic Adjust-
ment of the Department of Defense, or for transfer to the 
Secretary of Education, notwithstanding any other provi-
sion of law, to make grants, conclude cooperative agree-
ments, or supplement other Federal funds to construct, 
renovate, repair, or expand elementary and secondary pub-
lic schools on military installations in order to address ca-
pacity or facility condition deficiencies at such schools: 
Provided further, That in making such funds available, the 
Office of Economic Adjustment or the Secretary of Edu-
cation shall give priority consideration to those military 
installations with schools having the most serious capacity 
or facility condition deficiencies as determined by the Sec-
retary of Defense: Provided further, That funds may not 
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be made available for a school unless its enrollment of De-
partment of Defense-connected children is greater than 50 
percent. 
SEC. 8108. None of the funds appropriated or other-
wise made available in this or any other Act may be used 
to transfer, release, or assist in the transfer or release to 
or within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
(2) is or was held on or after June 24, 2009, 
at the United States Naval Station, Guantanamo 
Bay, Cuba, by the Department of Defense. 
SEC. 8109. (a)(1) Except as provided in paragraph 
(2) and subsection (d), none of the funds appropriated or 
otherwise made available in this or any other Act may be 
used to transfer any individual detained at Guantanamo 
to the custody or control of the individual’s country of ori-
gin, any other foreign country, or any other foreign entity 
unless the Secretary of Defense submits to Congress the 
certification described in subsection (b) not later than 30 
days before the transfer of the individual. 
(2) Paragraph (1) shall not apply to any action taken 
by the Secretary to transfer any individual detained at 
Guantanamo to effectuate— 
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(A) an order affecting the disposition of the in-
dividual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction 
(which the Secretary shall notify Congress of 
promptly after issuance); or 
(B) a pre-trial agreement entered in a military 
commission case prior to the date of the enactment 
of this Act. 
(b) A certification described in this subsection is a 
written certification made by the Secretary of Defense, 
with the concurrence of the Secretary of State and in con-
sultation with the Director of National Intelligence, that— 
(1) the government of the foreign country or 
the recognized leadership of the foreign entity to 
which the individual detained at Guantanamo is to 
be transferred— 
(A) is not a designated state sponsor of 
terrorism or a designated foreign terrorist orga-
nization; 
(B) maintains control over each detention 
facility in which the individual is to be detained 
if the individual is to be housed in a detention 
facility; 
(C) is not, as of the date of the certifi-
cation, facing a threat that is likely to substan-
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tially affect its ability to exercise control over 
the individual; 
(D) has taken or agreed to take effective 
actions to ensure that the individual cannot 
take action to threaten the United States, its 
citizens, or its allies in the future; 
(E) has taken or agreed to take such ac-
tions as the Secretary of Defense determines 
are necessary to ensure that the individual can-
not engage or reengage in any terrorist activity; 
and 
(F) has agreed to share with the United 
States any information that— 
(i) is related to the individual or any 
associates of the individual; and 
(ii) could affect the security of the 
United States, its citizens, or its allies; and 
(2) includes an assessment, in classified or un-
classified form, of the capacity, willingness, and past 
practices (if applicable) of the foreign country or en-
tity in relation to the Secretary’s certifications. 
(c)(1) Except as provided in paragraph (2) and sub-
section (d), none of the funds appropriated or otherwise 
made available in this or any other Act may be used to 
transfer any individual detained at Guantanamo to the 
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custody or control of the individual’s country of origin, any 
other foreign country, or any other foreign entity if there 
is a confirmed case of any individual who was detained 
at United States Naval Station, Guantanamo Bay, Cuba, 
at any time after September 11, 2001, who was trans-
ferred to such foreign country or entity and subsequently 
engaged in any terrorist activity. 
(2) Paragraph (1) shall not apply to any action taken 
by the Secretary to transfer any individual detained at 
Guantanamo to effectuate— 
(A) an order affecting the disposition of the in-
dividual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction 
(which the Secretary shall notify Congress of 
promptly after issuance); or 
(B) a pre-trial agreement entered in a military 
commission case prior to the date of the enactment 
of this Act. 
(d)(1) The Secretary of Defense may waive the appli-
cability to a detainee transfer of a certification require-
ment specified in subparagraph (D) or (E) of subsection 
(b)(1) or the prohibition in subsection (c), if the Secretary 
certifies the rest of the criteria required by subsection (b) 
for transfers prohibited by (c) and, with the concurrence 
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of the Secretary of State and in consultation with the Di-
rector of National Intelligence, determines that— 
(A) alternative actions will be taken to address 
the underlying purpose of the requirement or re-
quirements to be waived; 
(B) in the case of a waiver of subparagraph (D) 
or (E) of subsection (b)(1), it is not possible to cer-
tify that the risks addressed in the paragraph to be 
waived have been completely eliminated, but the ac-
tions to be taken under subparagraph (A) will sub-
stantially mitigate such risks with regard to the indi-
vidual to be transferred; 
(C) in the case of a waiver of subsection (c), the 
Secretary has considered any confirmed case in 
which an individual who was transferred to the 
country subsequently engaged in terrorist activity, 
and the actions to be taken under subparagraph (A) 
will substantially mitigate the risk of recidivism with 
regard to the individual to be transferred; and 
(D) the transfer is in the national security in-
terests of the United States. 
(2) Whenever the Secretary makes a determination 
under paragraph (1), the Secretary shall submit to the ap-
propriate committees of Congress, not later than 30 days 
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before the transfer of the individual concerned, the fol-
lowing: 
(A) A copy of the determination and the waiver 
concerned. 
(B) A statement of the basis for the determina-
tion, including— 
(i) an explanation why the transfer is in 
the national security interests of the United 
States; and 
(ii) in the case of a waiver of subparagraph 
(D) or (E) of subsection (b)(1), an explanation 
why it is not possible to certify that the risks 
addressed in the subparagraph to be waived 
have been completely eliminated. 
(C) A summary of the alternative actions to be 
taken to address the underlying purpose of, and to 
mitigate the risks addressed in, the subparagraph or 
subsection to be waived. 
(D) The assessment required by subsection 
(b)(2). 
(e) In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
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SEC. 8110. (a) None of the funds appropriated or 
otherwise made available in this or any other Act may be 
used to construct, acquire, or modify any facility in the 
United States, its territories, or possessions to house any 
individual described in subsection (c) for the purposes of 
detention or imprisonment in the custody or under the ef-
fective control of the Department of Defense. 
(b) The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval 
Station, Guantanamo Bay, Cuba. 
(c) An individual described in this subsection is any 
individual who, as of June 24, 2009, is located at United 
States Naval Station, Guantanamo Bay, Cuba, and who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba. 
SEC. 8111. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
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poration that any unpaid Federal tax liability that has 
been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that 
is not being paid in a timely manner pursuant to an agree-
ment with the authority responsible for collecting the tax 
liability, where the awarding agency is aware of the unpaid 
tax liability, unless the agency has considered suspension 
or debarment of the corporation and made a determination 
that this further action is not necessary to protect the in-
terests of the Government. 
SEC. 8112. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration that was convicted of a felony criminal violation 
under any Federal law within the preceding 24 months, 
where the awarding agency is aware of the conviction, un-
less the agency has considered suspension or debarment 
of the corporation and made a determination that this fur-
ther action is not necessary to protect the interests of the 
Government. 
SEC. 8113. None of the funds made available by this 
Act may be used in contravention of section 1590 or 1591 
of title 18, United States Code, or in contravention of the 
requirements of section 106(g) or (h) of the Trafficking 
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Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 
(h)). 
SEC. 8114. None of the funds made available by this 
Act for International Military education and training, for-
eign military financing, excess defense article, assistance 
under section 1206 of the National Defense Authorization 
Act for Fiscal year 2006 (Public Law 109–163; 119 Stat. 
3456) issuance for direct commercial sales of military 
equipment, or peacekeeping operations for the countries 
of Chad, Yemen, Somalia, Sudan, the Democratic Repub-
lic of the Congo, and Burma may be used to support any 
military training or operation that include child soldiers, 
as defined by the Child Soldiers Prevention Act of 2008, 
and except if such assistance is otherwise permitted under 
section 404 of the Child Soldiers Prevention Act of 2008 
(Public Law 110–457; 22 U.S.C. 2370c-1). 
SEC. 8115. None of the funds made available by this 
Act may be used in contravention of the War Powers Res-
olution (50 U.S.C. 1541 et seq.). 
SEC. 8116. None of the funds made available by this 
Act may be used to retire, divest, realign, or transfer Air 
Force aircraft, to disestablish or convert units associated 
with such aircraft, or to disestablish or convert any other 
unit of the Air National Guard or Air Force Reserve. 
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SEC. 8117. The Secretary of the Air Force shall obli-
gate and expend funds previously appropriated for the 
procurement of RQ–4B Global Hawk and C–27J Spartan 
aircraft for the purposes for which such funds were origi-
nally appropriated. 
SEC. 8118. None of the funds made available by this 
Act shall be used to retire C–23 Sherpa aircraft. 
SEC. 8119. The total amount available in the Act for 
pay for civilian personnel of the Department of Defense 
for fiscal year 2013 shall be the amount otherwise appro-
priated or made available by this Act for such pay reduced 
by $258,524,000. 
SEC. 8120. None of the funds appropriated, or other-
wise made available in this Act may be used to transfer 
a veterans memorial object to a foreign country or an enti-
ty controlled by a foreign government, or otherwise trans-
fer or convey such an object to any person or entity for 
purposes of the ultimate transfer or conveyance of the ob-
ject to a foreign country or entity controlled by a foreign 
government, unless such transfer is specifically authorized 
by law. 
SEC. 8121. (a) Except as provided in subsection (b), 
none of the funds made available in this Act may be used 
to sponsor professional or semi-professional motorsports, 
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fishing, mixed martial arts, wrestling, or other sporting 
events or competitors. 
(b) The prohibition in subsection (a) shall not apply 
in the case of sponsorship of amateur or high school sport-
ing events or competitors. 
TITLE IX 
OVERSEAS DEPLOYMENTS AND OTHER 
ACTIVITIES 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $9,165,082,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $870,425,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
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MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $1,623,356,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $1,286,783,000: Provided, That such amount 
is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $156,893,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $39,335,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
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ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, 
Marine Corps’’, $24,722,000: Provided, That such amount 
is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, 
Air Force’’, $25,348,000: Provided, That such amount is 
designated by the Congress for Overseas Contingency Op-
erations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $583,804,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
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OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $4,566,340,000: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $9,136,236,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $7,790,579,000: Provided, That 
of the funds provided under this heading, not to exceed 
$1,750,000,000, to remain available until September 30, 
2014, shall be for payments to reimburse key cooperating 
nations for logistical, military, and other support, includ-
ing access, provided to United States military operations 
in support of Operation Enduring Freedom, notwith-
standing any other provision of law: Provided further, That 
such reimbursement payments may be made in such 
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amounts as the Secretary of Defense, with the concurrence 
of the Secretary of State, and in consultation with the Di-
rector of the Office of Management and Budget, may de-
termine, in his discretion, based on documentation deter-
mined by the Secretary of Defense to adequately account 
for the support provided, and such determination is final 
and conclusive upon the accounting officers of the United 
States, and 15 days following notification to the appro-
priate congressional committees: Provided further, That 
the requirement under this heading to provide notification 
shall not apply with respect to a reimbursement for access 
based on an international agreement: Provided further, 
That these funds may be used for the purpose of providing 
specialized training and procuring supplies and specialized 
equipment and providing such supplies and loaning such 
equipment on a non-reimbursable basis to coalition forces 
supporting United States military operations in Afghani-
stan, and 15 days following notification to the appropriate 
congressional committees: Provided further, That the Sec-
retary of Defense shall provide quarterly reports to the 
congressional defense committees on the use of funds pro-
vided in this paragraph: Provided further, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
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section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Army Reserve’’, $152,387,000: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Navy Reserve’’, $55,924,000: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps Reserve’’, $25,477,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
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OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force Reserve’’, $120,618,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Army National Guard’’, $382,448,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Air National Guard’’, $34,500,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
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OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
In addition to amounts provided elsewhere in this 
Act, there is appropriated $3,250,000,000 for the ‘‘Over-
seas Contingency Operations Transfer Fund’’ for expenses 
directly relating to overseas contingency operations by 
United States military forces, to be available until ex-
pended: Provided, That of the funds made available in this 
section, the Secretary of Defense may transfer these funds 
only to military personnel accounts, operation and mainte-
nance accounts, procurement accounts, and working cap-
ital fund accounts: Provided further, That the funds made 
available in this paragraph may only be used for pro-
grams, projects, or activities categorized as Overseas Con-
tingency Operations in the fiscal year 2013 budget request 
for the Department of Defense and the justification mate-
rial and other documentation supporting such request: 
Provided further, That the funds transferred shall be 
merged with and shall be available for the same purposes 
and for the same time period, as the appropriation to 
which transferred: Provided further, that the Secretary 
shall notify the congressional defense committees 15 days 
prior to such transfer: Provided further, That the transfer 
authority provided under this heading is in addition to any 
other transfer authority available to the Department of 
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Defense: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation 
are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation 
and shall be available for the same purposes and for the 
same time period as originally appropriated: Provided fur-
ther, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
AFGHANISTAN INFRASTRUCTURE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For 
the 
‘‘Afghanistan 
Infrastructure 
Fund’’, 
$375,000,000, to remain available until September 30, 
2014: Provided, That such funds shall be available to the 
Secretary of Defense for infrastructure projects in Af-
ghanistan, notwithstanding any other provision of law, 
which shall be undertaken by the Secretary of State, un-
less the Secretary of State and the Secretary of Defense 
jointly decide that a specific project will be undertaken 
by the Department of Defense: Provided further, That the 
infrastructure referred to in the preceding proviso is in 
support of the counterinsurgency strategy, which may re-
quire funding for facility and infrastructure projects, in-
cluding, but not limited to, water, power, and transpor-
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tation projects and related maintenance and sustainment 
costs: Provided further, That the authority to undertake 
such infrastructure projects is in addition to any other au-
thority to provide assistance to foreign nations: Provided 
further, That any projects funded under this heading shall 
be jointly formulated and concurred in by the Secretary 
of State and Secretary of Defense: Provided further, That 
funds may be transferred to the Department of State for 
purposes of undertaking projects, which funds shall be 
considered to be economic assistance under the Foreign 
Assistance Act of 1961 for purposes of making available 
the administrative authorities contained in that Act: Pro-
vided further, That the transfer authority in the preceding 
proviso is in addition to any other authority available to 
the Department of Defense to transfer funds: Provided 
further, That any unexpended funds transferred to the 
Secretary of State under this authority shall be returned 
to the Afghanistan Infrastructure Fund if the Secretary 
of State, in coordination with the Secretary of Defense, 
determines that the project cannot be implemented for any 
reason, or that the project no longer supports the counter-
insurgency strategy in Afghanistan: Provided further, 
That any funds returned to the Secretary of Defense 
under the previous proviso shall be available for use under 
this appropriation and shall be treated in the same man-
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ner as funds not transferred to the Secretary of State: 
Provided further, That contributions of funds for the pur-
poses provided herein to the Secretary of State in accord-
ance with section 635(d) of the Foreign Assistance Act 
from any person, foreign government, or international or-
ganization may be credited to this Fund, to remain avail-
able until expended, and used for such purposes: Provided 
further, That the Secretary of Defense shall, not fewer 
than 15 days prior to making transfers to or from, or obli-
gations from the Fund, notify the appropriate committees 
of Congress in writing of the details of any such transfer: 
Provided further, That the ‘‘appropriate committees of 
Congress’’ are the Committees on Armed Services, For-
eign Relations and Appropriations of the Senate and the 
Committees on Armed Services, Foreign Affairs and Ap-
propriations of the House of Representatives: Provided 
further, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
AFGHANISTAN SECURITY FORCES FUND 
For the ‘‘Afghanistan Security Forces Fund’’, 
$5,026,500,000, to remain available until September 30, 
2014: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
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133 
of law, for the purpose of allowing the Commander, Com-
bined Security Transition Command-Afghanistan, or the 
Secretary’s designee, to provide assistance, with the con-
currence of the Secretary of State, to the security forces 
of Afghanistan, including the provision of equipment, sup-
plies, services, training, facility and infrastructure repair, 
renovation, and construction, and funding: Provided fur-
ther, That the authority to provide assistance under this 
heading is in addition to any other authority to provide 
assistance to foreign nations: Provided further, That con-
tributions of funds for the purposes provided herein from 
any person, foreign government, or international organiza-
tion may be credited to this Fund, to remain available 
until expended, and used for such purposes: Provided fur-
ther, That the Secretary of Defense shall notify the con-
gressional defense committees in writing upon the receipt 
and upon the obligation of any contribution, delineating 
the sources and amounts of the funds received and the 
specific use of such contributions: Provided further, That 
the Secretary of Defense shall, not fewer than 15 days 
prior to obligating from this appropriation account, notify 
the congressional defense committees in writing of the de-
tails of any such obligation: Provided further, That the 
Secretary of Defense shall notify the congressional defense 
committees of any proposed new projects or transfer of 
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134 
funds between budget sub-activity groups in excess of 
$20,000,000: Provided further, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, 
Army’’, $541,600,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, 
Army’’, $49,653,000, to remain available until September 
30, 2015: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
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135 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $15,422,000, 
to remain available until September 30, 2015: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $338,493,000, to remain available until 
September 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $2,005,907,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
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136 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $146,277,000, to remain available until September 
30, 2015: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procure-
ment, Navy’’, $22,500,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $284,450,000, to re-
main available until September 30, 2015: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
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137 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, 
Navy’’, $98,882,000, to remain available until September 
30, 2015: Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $943,683,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, 
Air Force’’, $305,600,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
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141 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working 
Capital Funds’’, $293,600,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $993,898,000, which shall be for operation and 
maintenance, to remain available until September 30, 
2014: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities, Defense’’, $469,025,000, to re-
main available until September 30, 2014: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
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ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for the ‘‘Joint Improvised 
Explosive Device Defeat Fund’’, $1,614,900,000, to re-
main available until September 30, 2015: Provided, That 
such funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, for the pur-
pose of allowing the Director of the Joint Improvised Ex-
plosive Device Defeat Organization to investigate, develop 
and provide equipment, supplies, services, training, facili-
ties, personnel and funds to assist United States forces 
in the defeat of improvised explosive devices: Provided fur-
ther, That the Secretary of Defense may transfer funds 
provided herein to appropriations for military personnel; 
operation and maintenance; procurement; research, devel-
opment, test and evaluation; and defense working capital 
funds to accomplish the purpose provided herein: Provided 
further, That this transfer authority is in addition to any 
other transfer authority available to the Department of 
Defense: Provided further, That the Secretary of Defense 
shall, not fewer than 15 days prior to making transfers 
from this appropriation, notify the congressional defense 
committees in writing of the details of any such transfer: 
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Provided further, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the In-
spector General’’, $10,766,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9001. Notwithstanding any other provision of 
law, funds made available in this title are in addition to 
amounts appropriated or otherwise made available for the 
Department of Defense for fiscal year 2013. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national 
interest, the Secretary may, with the approval of the Of-
fice of Management and Budget, transfer up to 
$3,000,000,000 between the appropriations or funds made 
available to the Department of Defense in this title: Pro-
vided, That the Secretary shall notify the Congress 
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promptly of each transfer made pursuant to the authority 
in this section: Provided further, That the authority pro-
vided in this section is in addition to any other transfer 
authority available to the Department of Defense and is 
subject to the same terms and conditions as the authority 
provided in the Department of Defense Appropriations 
Act, 2013. 
SEC. 9003. Supervision and administration costs as-
sociated with a construction project funded with appro-
priations available for operation and maintenance, ‘‘Af-
ghanistan Infrastructure Fund’’, or the ‘‘Afghanistan Se-
curity Forces Fund’’ provided in this Act and executed 
in direct support of overseas contingency operations in Af-
ghanistan, may be obligated at the time a construction 
contract is awarded: Provided, That for the purpose of this 
section, supervision and administration costs include all 
in-house Government costs. 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase for use by military 
and civilian employees of the Department of Defense in 
the U.S. Central Command area of responsibility: (a) pas-
senger motor vehicles up to a limit of $75,000 per vehicle; 
and (b) heavy and light armored vehicles for the physical 
security of personnel or for force protection purposes up 
to a limit of $250,000 per vehicle, notwithstanding price 
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or other limitations applicable to the purchase of pas-
senger carrying vehicles. 
SEC. 9005. Not to exceed $250,000,000 of the 
amount appropriated in this title under the heading ‘‘Op-
eration and Maintenance, Army’’ may be used, notwith-
standing any other provision of law, to fund the Com-
mander’s Emergency Response Program (CERP), for the 
purpose of enabling military commanders in Afghanistan 
to respond to urgent, small-scale, humanitarian relief and 
reconstruction requirements within their areas of responsi-
bility: Provided, That each project (including any ancillary 
or related elements in connection with such project) exe-
cuted under this authority shall not exceed $20,000,000: 
Provided further, That not later than 45 days after the 
end of each fiscal year quarter, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port regarding the source of funds and the allocation and 
use of funds during that quarter that were made available 
pursuant to the authority provided in this section or under 
any other provision of law for the purposes described here-
in: Provided further, That, not later than 30 days after 
the end of each month, the Army shall submit to the con-
gressional defense committees monthly commitment, obli-
gation, and expenditure data for the Commander’s Emer-
gency Response Program in Afghanistan: Provided fur-
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ther, That not less than 15 days before making funds 
available pursuant to the authority provided in this section 
or under any other provision of law for the purposes de-
scribed herein for a project with a total anticipated cost 
for completion of $5,000,000 or more, the Secretary shall 
submit to the congressional defense committees a written 
notice containing each of the following:. 
(1) The location, nature and purpose of the 
proposed project, including how the project is in-
tended to advance the military campaign plan for 
the country in which it is to be carried out. 
(2) The budget, implementation timeline with 
milestones, and completion date for the proposed 
project, including any other CERP funding that has 
been or is anticipated to be contributed to the com-
pletion of the project. 
(3) A plan for the sustainment of the proposed 
project, including the agreement with either the host 
nation, a non-Department of Defense agency of the 
United States Government or a third-party contrib-
utor to finance the sustainment of the activities and 
maintenance of any equipment or facilities to be pro-
vided through the proposed project. 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, not-
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withstanding any other provision of law, to provide sup-
plies, services, transportation, including airlift and sealift, 
and other logistical support to coalition forces supporting 
military and stability operations in Afghanistan: Provided, 
That the Secretary of Defense shall provide quarterly re-
ports to the congressional defense committees regarding 
support provided under this section. 
SEC. 9007. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for 
a purpose as follows: 
(1) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq. 
(3) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Af-
ghanistan. 
SEC. 9008. None of the funds made available in this 
Act may be used in contravention of the following laws 
enacted or regulations promulgated to implement the 
United Nations Convention Against Torture and Other 
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Cruel, Inhuman or Degrading Treatment or Punishment 
(done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Fed-
eral Regulations, and part 95 of title 22, Code of 
Federal Regulations. 
(3) Sections 1002 and 1003 of the Department 
of Defense, Emergency Supplemental Appropriations 
to Address Hurricanes in the Gulf of Mexico, and 
Pandemic Influenza Act, 2006 (Public Law 109– 
148). 
SEC. 9009. None of the funds provided for the ‘‘Af-
ghanistan Security Forces Fund’’ (ASFF) may be obli-
gated prior to the approval of a financial and activity plan 
by the Afghanistan Resources Oversight Council (AROC) 
of the Department of Defense: Provided, That the AROC 
must approve the requirement and acquisition plan for any 
service requirements in excess of $50,000,000 annually 
and any non-standard equipment requirements in excess 
of $100,000,000 using ASFF: Provided further, That the 
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AROC must approve all projects and the execution plan 
under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and 
any project in excess of $5,000,000 from the Commanders 
Emergency Response Program (CERP): Provided further, 
That the Department of Defense must certify to the con-
gressional defense committees that the AROC has con-
vened and approved a process for ensuring compliance 
with the requirements in the preceding provisos and ac-
companying report language for the ASFF, AIF, and 
CERP. 
SEC. 9010. Funds made available in this title to the 
Department of Defense for operation and maintenance 
may be used to purchase items having an investment unit 
cost of not more than $250,000: Provided, That, upon de-
termination by the Secretary of Defense that such action 
is necessary to meet the operational requirements of a 
Commander of a Combatant Command engaged in contin-
gency operations overseas, such funds may be used to pur-
chase items having an investment item unit cost of not 
more than $500,000. 
SEC. 9011. Notwithstanding any other provision of 
law, up to $88,000,000 of funds made available in this 
title under the heading ‘‘Operation and Maintenance, 
Army’’ may be obligated and expended for purposes of the 
Task Force for Business and Stability Operations, subject 
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to the direction and control of the Secretary of Defense, 
with concurrence of the Secretary of State, to carry out 
strategic business and economic assistance activities in Af-
ghanistan in support of Operation Enduring Freedom: 
Provided, That not less than 15 days before making funds 
available pursuant to the authority provided in this section 
for any project with a total anticipated cost of $5,000,000 
or more, the Secretary shall submit to the congressional 
defense committees a written notice containing a detailed 
justification and timeline for each proposed project. 
SEC. 9012. From funds made available to the De-
partment of Defense in this title under the heading ‘‘Oper-
ation and Maintenance, Air Force’’ up to $508,000,000 
may be used by the Secretary of Defense, notwithstanding 
any other provision of law, to support United States Gov-
ernment transition activities in Iraq by funding the oper-
ations and activities of the Office of Security Cooperation 
in Iraq and security assistance teams, including life sup-
port, transportation and personal security, and facilities 
renovation and construction: Provided, That not less than 
15 days before making funds available pursuant to the au-
thority provided in this section, the Secretary shall submit 
to the congressional defense committees a written notice 
containing a detailed justification and timeline for each 
proposed site. 
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(AVAILABILITY OF FUNDS) 
SEC. 9013. Each amount designated in this Act by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985 shall be available (or rescinded, if applicable) only 
if the President subsequently so designates all such 
amounts and transmits such designations to the Congress. 
(RESCISSIONS) 
SEC. 9014. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: Provided, That such 
amounts are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985: 
‘‘Retroactive Stop Loss Spe-
cial Pay Program, 2009/20XX’’, 
$79,900,000; and 
‘‘Afghanistan 
Security 
Forces 
Fund, 
2012/20XX’’, 
$500,000,000. 
SEC. 9015. None of the funds appropriated or other-
wise made available by this Act under the heading ‘‘Oper-
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