Provided further, That these documents shall include esti-
mated costs for each element of expense or object class, 
a reconciliation of increases and decreases for each contin-
gency operation, and programmatic data including, but 
not limited to, troop strength for each Active and Reserve 
component, and estimates of the major weapons systems 
deployed in support of each contingency: Provided further, 
That these documents shall include budget exhibits OP– 
5 and OP–32 (as defined in the Department of Defense 
Financial Management Regulation) for all contingency op-
erations for the budget year and the two preceding fiscal 
years. 
SEC. 8075. None of the funds in this Act may be 
used for research, development, test, evaluation, procure-
ment or deployment of nuclear armed interceptors of a 
missile defense system. 
SEC. 8076. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$44,000,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, he shall make grants in the amounts specified as fol-
lows: $20,000,000 to the United Service Organizations 
and $24,000,000 to the Red Cross.
SEC. 8077. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force 
shall allow the 53rd Weather Reconnaissance Squadron to 
perform other missions in support of national defense re-
quirements during the non-hurricane season. 
SEC. 8078. None of the funds provided in this Act 
shall be available for integration of foreign intelligence in-
formation unless the information has been lawfully col-
lected and processed during the conduct of authorized for-
eign intelligence activities: Provided, That information 
pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as imple-
mented through Executive Order No. 12333. 
SEC. 8079. (a) At the time members of reserve com-
ponents of the Armed Forces are called or ordered to ac-
tive duty under section 12302(a) of title 10, United States 
Code, each member shall be notified in writing of the ex-
pected period during which the member will be mobilized. 
(b) The Secretary of Defense may waive the require-
ments of subsection (a) in any case in which the Secretary
determines that it is necessary to do so to respond to a 
national security emergency or to meet dire operational 
requirements of the Armed Forces. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8080. The Secretary of Defense may transfer 
funds from any available Department of the Navy appro-
priation to any available Navy ship construction appro-
priation for the purpose of liquidating necessary changes 
resulting from inflation, market fluctuations, or rate ad-
justments for any ship construction program appropriated 
in law: Provided, That the Secretary may transfer not to 
exceed $100,000,000 under the authority provided by this 
section: Provided further, That the Secretary may not 
transfer any funds until 30 days after the proposed trans-
fer has been reported to the Committees on Appropria-
tions of the House of Representatives and the Senate, un-
less a response from the Committees is received sooner: 
Provided further, That any funds transferred pursuant to 
this section shall retain the same period of availability as 
when originally appropriated: Provided further, That the 
transfer authority provided by this section is in addition 
to any other transfer authority contained elsewhere in this 
Act. 
SEC. 8081. For purposes of section 7108 of title 41, 
United States Code, any subdivision of appropriations
made under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ that is not closed at the time reimbursement is 
made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any sub-
division under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ appropriations in the current fiscal year or any 
prior fiscal year. 
SEC. 8082. (a) None of the funds appropriated by 
this Act may be used to transfer research and develop-
ment, acquisition, or other program authority relating to 
current tactical unmanned aerial vehicles (TUAVs) from 
the Army. 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Sky Warrior Unmanned 
Aerial Vehicle (UAV) in order to support the Secretary 
of Defense in matters relating to the employment of un-
manned aerial vehicles. 
SEC. 8083. Up to $15,000,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
Navy’’ may be made available for the Asia Pacific Re-
gional Initiative Program for the purpose of enabling the 
Pacific Command to execute Theater Security Cooperation 
activities such as humanitarian assistance, and payment 
of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds
made available for this purpose may be used, notwith-
standing any other funding authorities for humanitarian 
assistance, security assistance or combined exercise ex-
penses: Provided further, That funds may not be obligated 
to provide assistance to any foreign country that is other-
wise prohibited from receiving such type of assistance 
under any other provision of law. 
SEC. 8084. None of the funds appropriated by this 
Act for programs of the Office of the Director of National 
Intelligence shall remain available for obligation beyond 
the current fiscal year, except for funds appropriated for 
research and technology, which shall remain available until 
September 30, 2014. 
SEC. 8085. For purposes of section 1553(b) of title 
31, United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8086. The Director of National Intelligence 
shall include the budget exhibits identified in paragraphs 
(1) and (2) as described in the Department of Defense
Financial Management Regulation with the congressional 
budget justification books: 
(1) For procurement programs requesting more 
than $10,000,000 in any fiscal year, the P–1, Pro-
curement Program; P–5, Cost Analysis; P–5a, Pro-
curement History and Planning; P–21, Production 
Schedule; and P–40, Budget Item Justification. 
(2) For research, development, test and evalua-
tion projects requesting more than $5,000,000 in 
any fiscal year, the R–1, Research, Development, 
Test and Evaluation Program; R–2, Research, De-
velopment, Test and Evaluation Budget Item Jus-
tification; R–3, Research, Development, Test and 
Evaluation Project Cost Analysis; and R–4, Re-
search, Development, Test and Evaluation Program 
Schedule Profile. 
SEC. 8087. Notwithstanding any other provision of 
this Act, due to an excessive level of funded carryover at 
Army depots, the total amount appropriated to ‘‘Operation 
and Maintenance, Army’’, in title II of this Act is hereby 
reduced by $1,207,400,000, and the total amount appro-
priated to ‘‘Other Procurement, Army’’, in title III of this 
Act is hereby reduced by $1,253,500,000. 
SEC. 8088. (a) Not later than 60 days after the date 
of enactment of this Act, the Director of National Intel-
ligence shall submit a report to the congressional intel-
ligence committees to establish the baseline for application 
of reprogramming and transfer authorities for fiscal year 
2013: Provided, That the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation by Expenditure Center and project; and 
(3) an identification of items of special congres-
sional interest. 
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence 
certifies in writing to the congressional intelligence com-
mittees that such reprogramming or transfer is necessary 
as an emergency requirement. 
SEC. 8089. (a) None of the funds provided for the 
National Intelligence Program in this or any prior appro-
priations Act shall be available for obligation or expendi-
ture through a reprogramming or transfer of funds in ac-
100 
that the President’s budget is submitted to Congress that 
year under section 1105(a) of title 31, United States 
Code, a future-years intelligence program (including asso-
ciated annexes) reflecting the estimated expenditures and 
proposed appropriations included in that budget. Any such 
future-years intelligence program shall cover the fiscal 
year with respect to which the budget is submitted and 
at least the four succeeding fiscal years. 
SEC. 8091. For the purposes of this Act, the term 
‘‘congressional intelligence committees’’ means the Perma-
nent Select Committee on Intelligence of the House of 
Representatives, the Select Committee on Intelligence of 
the Senate, the Subcommittee on Defense of the Com-
mittee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on 
Appropriations of the Senate. 
SEC. 8092. The Department of Defense shall con-
tinue to report incremental contingency operations costs 
for Operation New Dawn and Operation Enduring Free-
dom, or any other named operations in the U.S. Central 
Command area of operation on a monthly basis in the Cost 
of War Execution Report as prescribed in the Department 
of Defense Financial Management Regulation Department 
of Defense Instruction 7000.14, Volume 12, Chapter 23
101 
‘‘Contingency Operations’’, Annex 1, dated September 
2005. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8093. During the current fiscal year, not to ex-
ceed $11,000,000 from each of the appropriations made 
in title II of this Act for ‘‘Operation and Maintenance, 
Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘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—
102 
(1) the public posting of the report com-
promises national security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to 
the requesting Committee or Committees of Congress for 
no less than 45 days. 
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-
103 
tion any claim under title VII of the Civil Rights Act 
of 1964 or any tort related to or arising out of sex-
ual assault or harassment, including assault and 
battery, intentional infliction of emotional distress, 
false imprisonment, or negligent hiring, supervision, 
or retention. 
(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-
104 
sonally determines that the waiver is necessary to avoid 
harm to national security interests of the United States, 
and that the term of the contract or subcontract is not 
longer than necessary to avoid such harm. The determina-
tion shall set forth with specificity the grounds for the 
waiver and for the contract or subcontract term selected, 
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
105 
of the National Defense Authorization Act for Fiscal Year 
2010, Public Law 111–84: Provided, That for purposes 
of section 1704(b), the facility operations funded are oper-
ations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Vet-
erans Affairs Medical Center, the Navy Ambulatory Care 
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
106 
under part 2634 of title 5, Code of Federal Regulations) 
to the Office of Government Ethics. 
SEC. 8101. Appropriations available to the Depart-
ment of Defense may be used for the purchase of heavy 
and light armored vehicles for the physical security of 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
107 
either of the foregoing purposes, notify the congressional 
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
108 
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
109 
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
110 
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—
111 
(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-
112 
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
113 
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
114 
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
115 
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—
116 
(A) the Committee on Armed Services, the 
Committee on Appropriations, and the Select 
Committee on Intelligence of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Appropriations, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives. 
(2) The term ‘‘individual detained at Guanta-
namo’’ means any individual located at United 
States Naval Station, Guantanamo Bay, Cuba, as of 
October 1, 2009, who— 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is— 
(i) in the custody or under the control 
of the Department of Defense; or 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay. 
(3) The term ‘‘foreign terrorist organization’’ 
means any organization so designated by the Sec-
retary of State under section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189).
118 
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
119 
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.
120 
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.
121 
TITLE IX 
OVERSEAS DEPLOYMENTS AND OTHER 
ACTIVITIES 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $9,165,082,000 (increased by $98,697,000): Pro-
vided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $870,425,000 (increased by $9,373,000): Pro-
vided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine 
Corps’’, 
$1,623,356,000 
(increased 
by 
$17,482,000): Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/ 
Global 
War 
on 
Terrorism 
pursuant 
to 
section
122 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $1,286,783,000 (increased by $13,857,000): 
Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $156,893,000 (increased by $1,690,000): Pro-
vided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $39,335,000 (increased by $424,000): Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.
123 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, 
Marine Corps’’, $24,722,000 (increased by $266,000): 
Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, 
Air Force’’, $25,348,000 (increased by $273,000): Pro-
vided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $583,804,000 (increased by $6,287,000): 
Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Per-
sonnel, Air Force’’, $10,473,000 (increased by $113,000): 
Provided, That such amount is designated by the Congress
124 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $26,682,437,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $5,880,395,000, of which up to 
$254,461,000 may be transferred to the Coast Guard 
‘‘Operating Expenses’’ account: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $4,566,340,000: Provided, That 
such amount is designated by the Congress for Overseas
125 
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 
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-
126 
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 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Army Reserve’’, $152,387,000 (increased by
127 
$5,500,000): Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/ 
Global 
War 
on 
Terrorism 
pursuant 
to 
section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Navy Reserve’’, $55,924,000: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps Reserve’’, $25,477,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force Reserve’’, $120,618,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism
128 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Army National Guard’’, $382,448,000 (increased 
by $10,000,000): Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Air National Guard’’, $34,500,000: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
In addition to amounts provided elsewhere in this 
Act, there is appropriated $3,250,000,000 (reduced by 
$18,500,000) for the ‘‘Overseas Contingency Operations 
Transfer Fund’’ for expenses directly relating to overseas 
contingency operations by United States military forces,
129 
to be available until expended: Provided, That of the funds 
made available in this section, the Secretary of Defense 
may transfer these funds only to military personnel ac-
counts, operation and maintenance accounts, procurement 
accounts, and working capital fund accounts: Provided fur-
ther, That the funds made available in this paragraph may 
only be used for programs, projects, or activities cat-
egorized as Overseas Contingency Operations in the fiscal 
year 2013 budget request for the Department of Defense 
and the justification material and other documentation 
supporting such request: Provided further, That the funds 
transferred shall be merged with and shall be available for 
the same purposes and for the same time period, as the 
appropriation to which transferred: Provided further, that 
the Secretary shall notify the congressional defense com-
mittees 15 days prior to such transfer: Provided further, 
That the transfer authority provided under this heading 
is in addition to any other transfer authority available to 
the Department of Defense: Provided further, That upon 
a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back 
to this appropriation and shall be available for the same 
purposes and for the same time period as originally appro-
priated: Provided further, That such amount is designated
130 
by the Congress for Overseas Contingency Operations/ 
Global 
War 
on 
Terrorism 
pursuant 
to 
section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
AFGHANISTAN INFRASTRUCTURE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For 
the 
‘‘Afghanistan 
Infrastructure 
Fund’’, 
$375,000,000 (reduced by $175,000,000), to remain 
available until September 30, 2014: Provided, That such 
funds shall be available to the Secretary of Defense for 
infrastructure projects in Afghanistan, notwithstanding 
any other provision of law, which shall be undertaken by 
the Secretary of State, unless the Secretary of State and 
the Secretary of Defense jointly decide that a specific 
project will be undertaken by the Department of Defense: 
Provided further, That the infrastructure referred to in the 
preceding proviso is in support of the counterinsurgency 
strategy, which may require funding for facility and infra-
structure projects, including, but not limited to, water, 
power, and transportation projects and related mainte-
nance and sustainment costs: Provided further, That the 
authority to undertake such infrastructure projects is in 
addition to any other authority to provide assistance to 
foreign nations: Provided further, That any projects fund-
ed under this heading shall be jointly formulated and con-
131 
curred in by the Secretary of State and Secretary of De-
fense: Provided further, That funds may be transferred to 
the Department of State for purposes of undertaking 
projects, which funds shall be considered to be economic 
assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authori-
ties contained in that Act: Provided further, That the 
transfer authority in the preceding proviso is in addition 
to any other authority available to the Department of De-
fense to transfer funds: Provided further, That any unex-
pended funds transferred to the Secretary of State under 
this authority shall be returned to the Afghanistan Infra-
structure Fund if the Secretary of State, in coordination 
with the Secretary of Defense, determines that the project 
cannot be implemented for any reason, or that the project 
no longer supports the counterinsurgency strategy in Af-
ghanistan: Provided further, That any funds returned to 
the Secretary of Defense under the previous proviso shall 
be available for use under this appropriation and shall be 
treated in the same manner as funds not transferred to 
the Secretary of State: Provided further, That contribu-
tions of funds for the purposes provided herein to the Sec-
retary of State in accordance with section 635(d) of the 
Foreign Assistance Act from any person, foreign govern-
ment, or international organization may be credited to this
132 
Fund, to remain available until expended, and used for 
such purposes: Provided further, That the Secretary of De-
fense shall, not fewer than 15 days prior to making trans-
fers to or from, or obligations from the Fund, notify the 
appropriate committees of Congress in writing of the de-
tails of any such transfer: Provided further, That the ‘‘ap-
propriate committees of Congress’’ are the Committees on 
Armed Services, Foreign Relations and Appropriations of 
the Senate and the Committees on Armed Services, For-
eign Affairs and Appropriations of the House of Rep-
resentatives: Provided further, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
AFGHANISTAN SECURITY FORCES FUND 
For the ‘‘Afghanistan Security Forces Fund’’, 
$5,026,500,000 (reduced by $412,287,000) (reduced by 
$22,000,000), to remain available until September 30, 
2014: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
of law, for the purpose of allowing the Commander, Com-
bined Security Transition Command-Afghanistan, or the 
Secretary’s designee, to provide assistance, with the con-
currence of the Secretary of State, to the security forces
133 
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 
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
134 
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. 
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-
135 
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. 
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
136 
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. 
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
137 
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. 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, 
Air Force’’, $34,350,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section
138 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $116,203,000, to remain available 
until September 30, 2015: Provided, That such amount 
is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $2,785,170,000, to remain available until 
September 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $217,849,000, to remain available until Sep-
tember 30, 2015: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section
139 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST, AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $14,860,000, to re-
main available until September 30, 2014: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $60,119,000, to re-
main available until September 30, 2014: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.
140 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $53,150,000, to 
remain available until September 30, 2014: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, 
Test 
and 
Evaluation, 
Defense-Wide’’, 
$107,387,000, to remain available until September 30, 
2014: Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working 
Capital Funds’’, $293,600,000: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to
141 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $993,898,000 (increased by $10,000,000), which 
shall be for operation and maintenance, to remain avail-
able until September 30, 2014: Provided, That such 
amount is designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities, Defense’’, $469,025,000, to re-
main available until September 30, 2014: Provided, That 
such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for the ‘‘Joint Improvised 
Explosive Device Defeat Fund’’, $1,614,900,000, to re-
142 
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: 
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.
143 
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 
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
144 
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 
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-
145 
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-
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
146 
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-
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-
147 
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 
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
148 
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 
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-
149 
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 
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
150 
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. 
(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
151 
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 Special Pay Program, 
2009/20XX’’, $79,900,000; and 
‘‘Afghanistan Security Forces Fund, 2012/ 
20XX’’, $500,000,000. 
SEC. 9015. None of the funds appropriated or other-
wise made available by this Act under the heading ‘‘Oper-
ation and Maintenance, Defense-Wide’’ for payments 
under section 1233 of Public Law 110–181 for reimburse-
ment to the Government of Pakistan may be made avail-
able unless the Secretary of Defense, in coordination with 
the Secretary of State certifies to the Committees on Ap-
propriations that the Government of Pakistan is— 
(1) cooperating with the United States in 
counterterrorism efforts against the Haqqani Net-
152 
work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 
Jaish-e-Mohammed, Al Qaeda, and other domestic 
and foreign terrorist organizations, including taking 
steps to end support for such groups and prevent 
them from basing and operating in Pakistan and 
carrying out cross border attacks into neighboring 
countries; 
(2) not supporting terrorist activities against 
United States or coalition forces in Afghanistan, and 
Pakistan’s military and intelligence agencies are not 
intervening extra-judicially into political and judicial 
processes in Pakistan; 
(3) dismantling improvised explosive device 
(IED) networks and interdicting precursor chemicals 
used in the manufacture of IEDs; 
(4) preventing the proliferation of nuclear-re-
lated material and expertise; 
(5) issuing visas in a timely manner for United 
States visitors engaged in counterterrorism efforts 
and assistance programs in Pakistan; and 
(6) providing humanitarian organizations access 
to detainees, internally displaced persons, and other 
Pakistani civilians affected by the conflict.
153 
TITLE X 
ADDITIONAL GENERAL PROVISIONS 
SPENDING REDUCTION ACCOUNT 
SEC. 10001. The amount by which the applicable al-
location of new budget authority made by the Committee 
on Appropriations of the House of Representatives under 
section 302(b) of the Congressional Budget Act of 1974 
exceeds the amount of proposed new budget authority is 
$0 (increased by $175,000,000). 
SEC. 10002. None of the funds made available by this 
Act may be used to operate an unmanned aircraft system 
except in accordance with the Fourth Amendment of the 
Constitution. 
SEC. 10003. None of the funds made available by this 
Act may be used to enter into a contract for UH–60 Leak 
Proof Drip Pans using procedures other than competitive 
procedures (as defined in section 2302(2) of title 10, 
United States Code). 
SEC. 10004. None of the funds made available by this 
Act may be used to propose, plan for, or execute an addi-
tional Base Realignment and Closure (BRAC) round. 
SEC. 10005. The amounts otherwise provided in title 
IX of this Act are revised by reducing the amount made 
available for ‘‘Operation and Maintenance, Defense-Wide’’ 
and the amount under that heading for payments to reim-
154 
burse key cooperating nations for logistical, military and 
other support by $650,000,000, respectively. 
SEC. 10006. None of the funds made available by this 
Act may be used to remove any portion of the Mount 
Soledad Veterans Memorial in San Diego, California. 
SEC. 10007. None of the funds made available by this 
Act may be may be obligated or expended for assistance 
to the following entities: 
(1) The Government of Iran. 
(2) The Government of Syria. 
(3) Hamas. 
(4) Hizbullah. 
(5) The Muslim Brotherhood. 
SEC. 10008. None of the funds made available by this 
Act may be used by the Department of Defense or a com-
ponent thereof to provide the government of the Russian 
Federation with any information about the missile defense 
systems of the United States that is classified by the De-
partment or component thereof. 
SEC. 10009. None of the funds made available by this 
Act may be used to enforce section 526 of the Energy 
Independence and Security Act of 2007 (Public Law 110– 
140; 42 U.S.C. 17142). 
SEC. 10010. None of the Operation and Maintenance 
funds made available in this Act may be used in con-
155 
travention of section 41106 of title 49, United States 
Code. 
SEC. 10011. None of the funds made available by this 
Act may be used by the Department of Defense or any 
other Federal agency to lease or purchase new light duty 
vehicles, for any executive fleet, or for an agency’s fleet 
inventory, except in accordance with Presidential Memo-
randum-Federal Fleet Performance, dated May 24, 2011. 
SEC. 10012. None of the funds made available by this 
Act may be used to enter into a contract, with any person 
or other entity listed in the Federal Awardee Performance 
and Integrity Information System (‘‘FAPIIS’’) as having 
been convicted of fraud against the Federal Government. 
SEC. 10013. None of the funds made available by this 
Act may be used in contravention of section 7 of title 1, 
United States Code. 
SEC. 10014. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to 
Rosoboronexport. 
SEC. 10015. None of the funds made available by this 
Act may be used to— 
(1) reduce the nuclear forces of the United 
States in contravention of section 303(b) of the
156 
Arms Control and Disarmament Act (22 U.S.C. 
2573(b)); or 
(2) implement the Nuclear Posture Review Im-
plementation Study or modify the Secretary of De-
fense Guidance for Employment of Force, Annex B, 
or the Joint Strategic Capabilities Plan, Annex N. 
SEC. 10016. None of the funds made available by this 
Act may be used to reduce the number of the following 
nuclear weapons delivery vehicles of the United States: 
(1) Heavy bomber aircraft. 
(2) Air-launched cruise missiles. 
(3) 
Nuclear-powered 
ballistic 
missile 
sub-
marines. 
(4) Submarine-launched ballistic missiles. 
(5) Intercontinental ballistic missiles. 
SEC. 10017. (a) Appropriations made in this Act are 
hereby reduced in the amount of $1,072,581,000. 
(b) The reduction in subsection (a) shall not apply 
to amounts made available for— 
(1) accounts in title I; 
(2) ‘‘Other Department of Defense Programs— 
Defense Health Program’’; and 
(3) accounts in title IX. 
SEC. 10018. The amounts otherwise provided in title 
IX of this Act are revised by reducing the amount made
157 
available for ‘‘Military Personnel, Army’’, by increasing 
such amount, by reducing the amount made available for 
‘‘Military Personnel, Marine Corps’’, and by increasing 
such 
amount, 
by 
$4,359,624,000, 
$4,359,624,000, 
$1,197,682,000, and $1,197,682,000, respectively. 
SEC. 10019. None of the funds made available by this 
Act may be used by the Secretary of Defense to implement 
an enrollment fee for the TRICARE for Life program 
under chapter 55 of title 10, United States Code, that 
does not exist as of the date of the enactment of this Act. 
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2013’’. 
Passed the House of Representatives July 19, 2012. 
Attest: 
Clerk.