[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5856 Reported in Senate (RS)]

                                                       Calendar No. 485
112th CONGRESS
  2d Session
                                H. R. 5856

                          [Report No. 112-196]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2012

  Received; read twice and referred to the Committee on Appropriations

                             August 2, 2012

               Reported by Mr. Inouye, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2013, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <DELETED>That the 
following sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the fiscal year ending September 30, 2013, 
for military functions administered by the Department of Defense and 
for other purposes, namely:

                       <DELETED>TITLE I</DELETED>

                 <DELETED>MILITARY PERSONNEL</DELETED>

              <DELETED>Military Personnel, Army</DELETED>

<DELETED>    For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty stations, for 
members of the Army on active duty, (except members of reserve 
components provided for elsewhere), cadets, and aviation cadets; for 
members of the Reserve Officers' Training Corps; and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), and to the Department of Defense Military Retirement Fund, 
$40,730,014,000.</DELETED>

              <DELETED>Military Personnel, Navy</DELETED>

<DELETED>    For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty stations, for 
members of the Navy on active duty (except members of the Reserve 
provided for elsewhere), midshipmen, and aviation cadets; for members 
of the Reserve Officers' Training Corps; and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, 
$27,075,933,000.</DELETED>

          <DELETED>Military Personnel, Marine Corps</DELETED>

<DELETED>    For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty stations, for 
members of the Marine Corps on active duty (except members of the 
Reserve provided for elsewhere); and for payments pursuant to section 
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, 
$12,560,999,000.</DELETED>

            <DELETED>Military Personnel, Air Force</DELETED>

<DELETED>    For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty stations, for 
members of the Air Force on active duty (except members of reserve 
components provided for elsewhere), cadets, and aviation cadets; for 
members of the Reserve Officers' Training Corps; and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), and to the Department of Defense Military Retirement Fund, 
$28,124,109,000.</DELETED>

               <DELETED>Reserve Personnel, Army</DELETED>

<DELETED>    For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Reserve on 
active duty under sections 10211, 10302, and 3038 of title 10, United 
States Code, or while serving on active duty under section 12301(d) of 
title 10, United States Code, in connection with performing duty 
specified in section 12310(a) of title 10, United States Code, or while 
undergoing reserve training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 16131 of title 
10, United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $4,456,823,000.</DELETED>

               <DELETED>Reserve Personnel, Navy</DELETED>

<DELETED>    For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Navy Reserve on 
active duty under section 10211 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$1,871,688,000.</DELETED>

           <DELETED>Reserve Personnel, Marine Corps</DELETED>

<DELETED>    For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Marine Corps Reserve 
on active duty under section 10211 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$651,861,000.</DELETED>

            <DELETED>Reserve Personnel, Air Force</DELETED>

<DELETED>    For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Force Reserve on 
active duty under sections 10211, 10305, and 8038 of title 10, United 
States Code, or while serving on active duty under section 12301(d) of 
title 10, United States Code, in connection with performing duty 
specified in section 12310(a) of title 10, United States Code, or while 
undergoing reserve training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 16131 of title 
10, United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $1,743,875,000.</DELETED>

           <DELETED>National Guard Personnel, Army</DELETED>

<DELETED>    For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army National Guard 
while on duty under section 10211, 10302, or 12402 of title 10 or 
section 708 of title 32, United States Code, or while serving on duty 
under section 12301(d) of title 10 or section 502(f) of title 32, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $8,089,477,000.</DELETED>

         <DELETED>National Guard Personnel, Air Force</DELETED>

<DELETED>    For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air National Guard on 
duty under section 10211, 10305, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$3,158,015,000.</DELETED>

                      <DELETED>TITLE II</DELETED>

              <DELETED>OPERATION AND MAINTENANCE</DELETED>

           <DELETED>Operation and Maintenance, Army</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Army, as authorized by law; and 
not to exceed $12,478,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes, $36,422,738,000.</DELETED>

           <DELETED>Operation and Maintenance, Navy</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $14,804,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$41,463,773,000.</DELETED>

       <DELETED>Operation and Maintenance, Marine Corps</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Marine Corps, as authorized by 
law, $6,075,667,000.</DELETED>

        <DELETED>Operation and Maintenance, Air Force</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Air Force, as authorized by law; 
and not to exceed $7,699,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority of 
the Secretary of the Air Force, and payments may be made on his 
certificate of necessity for confidential military purposes, 
$35,408,795,000 (reduced by $24,000,000).</DELETED>

       <DELETED>Operation and Maintenance, Defense-Wide</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the operation and maintenance of activities and agencies of the 
Department of Defense (other than the military departments), as 
authorized by law, $31,780,813,000 (reduced by $10,000,000) (reduced by 
$15,000,000) (reduced by $10,000,000) (reduced by $5,000,000):  
Provided, That not more than $30,000,000 may be used for the Combatant 
Commander Initiative Fund authorized under section 166a of title 10, 
United States Code:  Provided further, That not to exceed $36,000,000 
can be used for emergencies and extraordinary expenses, to be expended 
on the approval or authority of the Secretary of Defense, and payments 
may be made on his certificate of necessity for confidential military 
purposes:  Provided further, That of the funds provided under this 
heading, not less than $35,897,000 shall be made available for the 
Procurement Technical Assistance Cooperative Agreement Program, of 
which not less than $3,600,000 shall be available for centers defined 
in 10 U.S.C. 2411(1)(D):  Provided further, That none of the funds 
appropriated or otherwise made available by this Act may be used to 
plan or implement the consolidation of a budget or appropriations 
liaison office of the Office of the Secretary of Defense, the office of 
the Secretary of a military department, or the service headquarters of 
one of the Armed Forces into a legislative affairs or legislative 
liaison office:  Provided further, That $8,563,000, to remain available 
until expended, is available only for expenses relating to certain 
classified activities, and may be transferred as necessary by the 
Secretary of Defense to operation and maintenance appropriations or 
research, development, test and evaluation appropriations, to be merged 
with and to be available for the same time period as the appropriations 
to which transferred:  Provided further, That any ceiling on the 
investment item unit cost of items that may be purchased with operation 
and maintenance funds shall not apply to the funds described in the 
preceding proviso:  Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority provided elsewhere in this Act.</DELETED>

       <DELETED>Operation and Maintenance, Army Reserve</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,199,423,000.</DELETED>

       <DELETED>Operation and Maintenance, Navy Reserve</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,256,347,000.</DELETED>

   <DELETED>Operation and Maintenance, Marine Corps Reserve</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $277,377,000.</DELETED>

    <DELETED>Operation and Maintenance, Air Force Reserve</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,362,041,000.</DELETED>

   <DELETED>Operation and Maintenance, Army National Guard</DELETED>

<DELETED>    For expenses of training, organizing, and administering 
the Army National Guard, including medical and hospital treatment and 
related expenses in non-Federal hospitals; maintenance, operation, and 
repairs to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized 
by law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $7,187,731,000.</DELETED>

    <DELETED>Operation and Maintenance, Air National Guard</DELETED>

<DELETED>    For expenses of training, organizing, and administering 
the Air National Guard, including medical and hospital treatment and 
related expenses in non-Federal hospitals; maintenance, operation, and 
repairs to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department 
of Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $6,608,826,000 
(increased by $8,000,000).</DELETED>

 <DELETED>United States Court of Appeals for the Armed Forces</DELETED>

<DELETED>    For salaries and expenses necessary for the United States 
Court of Appeals for the Armed Forces, $13,516,000, of which not to 
exceed $5,000 may be used for official representation 
purposes.</DELETED>

           <DELETED>Environmental Restoration, Army</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the Department of the Army, $335,921,000, to remain 
available until transferred:  Provided, That the Secretary of the Army 
shall, upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris of the Department of the Army, or for 
similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of the Army, to be merged with and to be available for the same 
purposes and for the same time period as the appropriations to which 
transferred:  Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be transferred back 
to this appropriation:  Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority provided elsewhere in this Act.</DELETED>

           <DELETED>Environmental Restoration, Navy</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the Department of the Navy, $310,594,000, to remain 
available until transferred:  Provided, That the Secretary of the Navy 
shall, upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris of the Department of the Navy, or for 
similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of the Navy, to be merged with and to be available for the same 
purposes and for the same time period as the appropriations to which 
transferred:  Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be transferred back 
to this appropriation:  Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority provided elsewhere in this Act.</DELETED>

        <DELETED>Environmental Restoration, Air Force</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the Department of the Air Force, $529,263,000, to 
remain available until transferred:  Provided, That the Secretary of 
the Air Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred:  Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.</DELETED>

       <DELETED>Environmental Restoration, Defense-Wide</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the Department of Defense, $11,133,000, to remain 
available until transferred:  Provided, That the Secretary of Defense 
shall, upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris of the Department of Defense, or for 
similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of Defense, to be merged with and to be available for the same purposes 
and for the same time period as the appropriations to which 
transferred:  Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be transferred back 
to this appropriation:  Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority provided elsewhere in this Act.</DELETED>

       <DELETED>Environmental Restoration, Formerly Used Defense 
                            Sites</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the Department of the Army, $237,543,000, to remain 
available until transferred:  Provided, That the Secretary of the Army 
shall, upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris at sites formerly used by the Department of 
Defense, transfer the funds made available by this appropriation to 
other appropriations made available to the Department of the Army, to 
be merged with and to be available for the same purposes and for the 
same time period as the appropriations to which transferred:  Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation:  Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.</DELETED>

   <DELETED>Overseas Humanitarian, Disaster, and Civic Aid</DELETED>

<DELETED>    For expenses relating to the Overseas Humanitarian, 
Disaster, and Civic Aid programs of the Department of Defense 
(consisting of the programs provided under sections 401, 402, 404, 407, 
2557, and 2561 of title 10, United States Code), $108,759,000, to 
remain available until September 30, 2014.</DELETED>

        <DELETED>Cooperative Threat Reduction Account</DELETED>

<DELETED>    For assistance to the republics of the former Soviet Union 
and, with appropriate authorization by the Department of Defense and 
Department of State, to countries outside of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons components, 
and weapon-related technology and expertise; for programs relating to 
the training and support of defense and military personnel for 
demilitarization and protection of weapons, weapons components and 
weapons technology and expertise, and for defense and military 
contacts, $519,111,000, to remain available until September 30, 
2015.</DELETED>

   <DELETED>Department of Defense Acquisition Workforce Development 
                             Fund</DELETED>

<DELETED>    For the Department of Defense Acquisition Workforce 
Development Fund, $50,198,000.</DELETED>

                      <DELETED>TITLE III</DELETED>

                     <DELETED>PROCUREMENT</DELETED>

             <DELETED>Aircraft Procurement, Army</DELETED>

<DELETED>    For construction, procurement, production, modification, 
and modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $6,115,226,000, to remain available for obligation until 
September 30, 2015.</DELETED>

              <DELETED>Missile Procurement, Army</DELETED>

<DELETED>    For construction, procurement, production, modification, 
and modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,602,689,000, to remain available for obligation until 
September 30, 2015.</DELETED>

     <DELETED>Procurement of Weapons and Tracked Combat Vehicles, 
                             Army</DELETED>

<DELETED>    For construction, procurement, production, and 
modification of weapons and tracked combat vehicles, equipment, 
including ordnance, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,884,706,000, to remain available for obligation until 
September 30, 2015.</DELETED>

           <DELETED>Procurement of Ammunition, Army</DELETED>

<DELETED>    For construction, procurement, production, and 
modification of ammunition, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including ammunition facilities, authorized by section 2854 of title 
10, United States Code, and the land necessary therefor, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes, $1,576,768,000, to remain 
available for obligation until September 30, 2015.</DELETED>

               <DELETED>Other Procurement, Army</DELETED>

<DELETED>    For construction, procurement, production, and 
modification of vehicles, including tactical, support, and non-tracked 
combat vehicles; the purchase of passenger motor vehicles for 
replacement only; communications and electronic equipment; other 
support equipment; spare parts, ordnance, and accessories therefor; 
specialized equipment and training devices; expansion of public and 
private plants, including the land necessary therefor, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes, $6,488,045,000 (reduced by $1) 
(increased by $1), to remain available for obligation until September 
30, 2015.</DELETED>

             <DELETED>Aircraft Procurement, Navy</DELETED>

<DELETED>    For construction, procurement, production, modification, 
and modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $17,518,324,000, to remain available for obligation 
until September 30, 2015.</DELETED>

              <DELETED>Weapons Procurement, Navy</DELETED>

<DELETED>    For construction, procurement, production, modification, 
and modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $3,072,112,000, to remain available 
for obligation until September 30, 2015.</DELETED>

  <DELETED>Procurement of Ammunition, Navy and Marine Corps</DELETED>

<DELETED>    For construction, procurement, production, and 
modification of ammunition, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including ammunition facilities, authorized by section 2854 of title 
10, United States Code, and the land necessary therefor, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes, $677,243,000, to remain available 
for obligation until September 30, 2015.</DELETED>

          <DELETED>Shipbuilding and Conversion, Navy</DELETED>

<DELETED>    For expenses necessary for the construction, acquisition, 
or conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procurement of 
critical, long lead time components and designs for vessels to be 
constructed or converted in the future; and expansion of public and 
private plants, including land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title--</DELETED>
<DELETED>    Carrier Replacement Program, $578,295,000;</DELETED>
<DELETED>    Virginia Class Submarine, $3,217,601,000;</DELETED>
<DELETED>    Virginia Class Submarine (AP), $1,597,878,000;</DELETED>
<DELETED>    CVN Refuelings,$1,613,392,000;</DELETED>
<DELETED>    CVN Refuelings (AP), $70,010,000;</DELETED>
<DELETED>    DDG-1000 Program, $669,222,000;</DELETED>
<DELETED>    DDG-51 Destroyer, $4,036,628,000;</DELETED>
<DELETED>    DDG-51 Destroyer (AP), $466,283,000;</DELETED>
<DELETED>    Littoral Combat Ship, $1,784,959,000;</DELETED>
<DELETED>    Joint High Speed Vessel, $189,196,000;</DELETED>
<DELETED>    Moored Training Ship, $307,300,000;</DELETED>
<DELETED>    LCAC Service Life Extension Program, $47,930,000; 
and</DELETED>
<DELETED>    For outfitting, post delivery, conversions, and first 
destination transportation, $284,859,000.</DELETED>
<DELETED>    Completion of Prior Year Shipbuilding Programs, 
$372,573,000.</DELETED>
<DELETED>    In all: $15,236,126,000, to remain available for 
obligation until September 30, 2017:  Provided, That additional 
obligations may be incurred after September 30, 2017, for engineering 
services, tests, evaluations, and other such budgeted work that must be 
performed in the final stage of ship construction:  Provided further, 
That none of the funds provided under this heading for the construction 
or conversion of any naval vessel to be constructed in shipyards in the 
United States shall be expended in foreign facilities for the 
construction of major components of such vessel:  Provided further, 
That none of the funds provided under this heading shall be used for 
the construction of any naval vessel in foreign shipyards.</DELETED>

               <DELETED>Other Procurement, Navy</DELETED>

<DELETED>    For procurement, production, and modernization of support 
equipment and materials not otherwise provided for, Navy ordnance 
(except ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of passenger motor vehicles for replacement 
only; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway, $6,364,191,000, to 
remain available for obligation until September 30, 2015.</DELETED>

              <DELETED>Procurement, Marine Corps</DELETED>

<DELETED>    For expenses necessary for the procurement, manufacture, 
and modification of missiles, armament, military equipment, spare 
parts, and accessories therefor; plant equipment, appliances, and 
machine tools, and installation thereof in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
vehicles for the Marine Corps, including the purchase of passenger 
motor vehicles for replacement only; and expansion of public and 
private plants, including land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title, $1,482,081,000, to remain available for 
obligation until September 30, 2015.</DELETED>

           <DELETED>Aircraft Procurement, Air Force</DELETED>

<DELETED>    For construction, procurement, and modification of 
aircraft and equipment, including armor and armament, specialized 
ground handling equipment, and training devices, spare parts, and 
accessories therefor; specialized equipment; expansion of public and 
private plants, Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing purposes 
including rents and transportation of things, $11,304,899,000 
(increased by $16,000,000), to remain available for obligation until 
September 30, 2015.</DELETED>

           <DELETED>Missile Procurement, Air Force</DELETED>

<DELETED>    For construction, procurement, and modification of 
missiles, spacecraft, rockets, and related equipment, including spare 
parts and accessories therefor, ground handling equipment, and training 
devices; expansion of public and private plants, Government-owned 
equipment and installation thereof in such plants, erection of 
structures, and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes including rents and transportation 
of things, $5,449,146,000, to remain available for obligation until 
September 30, 2015.</DELETED>

        <DELETED>Procurement of Ammunition, Air Force</DELETED>

<DELETED>    For construction, procurement, production, and 
modification of ammunition, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including ammunition facilities, authorized by section 2854 of title 
10, United States Code, and the land necessary therefor, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes, $599,194,000, to remain available 
for obligation until September 30, 2015.</DELETED>

            <DELETED>Other Procurement, Air Force</DELETED>

<DELETED>    For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground electronic 
and communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only; lease of passenger motor vehicles; and 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon, prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway, $16,632,575,000, to remain 
available for obligation until September 30, 2015.</DELETED>

              <DELETED>Procurement, Defense-Wide</DELETED>

<DELETED>    For expenses of activities and agencies of the Department 
of Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of passenger motor vehicles for replacement only; expansion of 
public and private plants, equipment, and installation thereof in such 
plants, erection of structures, and acquisition of land for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $4,429,335,000, to remain available for obligation until 
September 30, 2015.</DELETED>

        <DELETED>National Guard and Reserve Equipment</DELETED>

<DELETED>    For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons and other procurement for the 
reserve components of the Armed Forces, $2,000,000,000, to remain 
available for obligation until September 30, 2015:  Provided, That the 
Chiefs of National Guard and Reserve components shall, not later than 
30 days after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective National Guard or Reserve component:  Provided 
further, That during fiscal year 2013, the Chief of the National Guard 
Bureau and each Reserve Component Chief, may each use not more than 3 
percent of the funds made available to the National Guard or such 
reserve component, as the case may be, under this heading to carry out 
research, development, test, and evaluation activities related to 
adding technological capability to platforms or to modernize existing 
systems.</DELETED>

          <DELETED>Defense Production Act Purchases</DELETED>

<DELETED>    For activities by the Department of Defense pursuant to 
sections 108, 301, 302, and 303 of the Defense Production Act of 1950 
(50 U.S.C. App. 2078, 2091, 2092, and 2093), $63,531,000, to remain 
available until expended.</DELETED>

                      <DELETED>TITLE IV</DELETED>

     <DELETED>RESEARCH, DEVELOPMENT, TEST AND EVALUATION</DELETED>

  <DELETED>Research, Development, Test and Evaluation, Army</DELETED>

<DELETED>    For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$8,593,055,000 to remain available for obligation until September 30, 
2014.</DELETED>

  <DELETED>Research, Development, Test and Evaluation, Navy</DELETED>

<DELETED>    For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$16,987,768,000, to remain available for obligation until September 30, 
2014:  Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique operational 
requirements of the Special Operations Forces:  Provided further, That 
funds appropriated in this paragraph shall be available for the Cobra 
Judy program.</DELETED>

       <DELETED>Research, Development, Test and Evaluation, Air 
                            Force</DELETED>

<DELETED>    For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$25,117,692,000, to remain available for obligation until September 30, 
2014.</DELETED>

     <DELETED>Research, Development, Test and Evaluation, Defense-
                             Wide</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For expenses of activities and agencies of the Department 
of Defense (other than the military departments), necessary for basic 
and applied scientific research, development, test and evaluation; 
advanced research projects as may be designated and determined by the 
Secretary of Defense, pursuant to law; maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $19,100,362,000, to 
remain available for obligation until September 30, 2014:  Provided, 
That of the funds made available in this paragraph, $250,000,000 for 
the Defense Rapid Innovation Program shall only be available for 
expenses, not otherwise provided for, to include program management and 
oversight, to conduct research, development, test and evaluation to 
include proof of concept demonstration; engineering, testing, and 
validation; and transition to full-scale production:  Provided further, 
That the Secretary of Defense may transfer funds provided herein for 
the Defense Rapid Innovation Program to appropriations for research, 
development, test and evaluation to accomplish the purpose provided 
herein:  Provided further, That this transfer authority is in addition 
to any other transfer authority available to the Department of Defense: 
 Provided further, That the Secretary of Defense shall, not fewer than 
30 days prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer.</DELETED>

      <DELETED>Operational Test and Evaluation, Defense</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the independent activities of the Director, Operational Test and 
Evaluation, in the direction and supervision of operational test and 
evaluation, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith, $185,268,000, to remain available for obligation 
until September 30, 2014.</DELETED>

                       <DELETED>TITLE V</DELETED>

           <DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>

            <DELETED>Defense Working Capital Funds</DELETED>

<DELETED>    For the Defense Working Capital Funds, 
$1,516,184,000.</DELETED>

            <DELETED>National Defense Sealift Fund</DELETED>

<DELETED>    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $564,636,000, to remain available until 
expended:  Provided, That none of the funds provided in this paragraph 
shall be used to award a new contract that provides for the acquisition 
of any of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including 
pumps, for all shipboard services; propulsion system components 
(engines, reduction gears, and propellers); shipboard cranes; and 
spreaders for shipboard cranes:  Provided further, That the exercise of 
an option in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award of a new 
contract:  Provided further, That the Secretary of the military 
department responsible for such procurement may waive the restrictions 
in the first proviso on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes.</DELETED>

                      <DELETED>TITLE VI</DELETED>

        <DELETED>OTHER DEPARTMENT OF DEFENSE PROGRAMS</DELETED>

               <DELETED>Defense Health Program</DELETED>

<DELETED>    For expenses, not otherwise provided for, for medical and 
health care programs of the Department of Defense as authorized by law, 
$32,862,234,000 (increased by $10,000,000) (increased by $15,000,000) 
(increased by $10,000,000) (increased by $5,000,000); of which 
$31,122,095,000 shall be for operation and maintenance, of which not to 
exceed one percent shall remain available until September 30, 2014, and 
of which up to $16,105,245,000 may be available for contracts entered 
into under the TRICARE program; of which $521,762,000, to remain 
available for obligation until September 30, 2015, shall be for 
procurement; and of which $1,218,377,000 (increased by $10,000,000) 
(increased by $15,000,000) (increased by $10,000,000) (increased by 
$5,000,000), to remain available for obligation until September 30, 
2014 , shall be for research, development, test and evaluation:  
Provided, That, notwithstanding any other provision of law, of the 
amount made available under this heading for research, development, 
test and evaluation, not less than $8,000,000 shall be available for 
HIV prevention educational activities undertaken in connection with 
United States military training, exercises, and humanitarian assistance 
activities conducted primarily in African nations:  Provided further, 
That of the funds provided to develop an integrated Department of 
Defense-Department of Veterans Affairs (DOD-VA) integrated health 
record, not more than twenty-five percent shall be available for 
obligation until the DOD-VA Interagency Program Office submits to the 
Committees on Appropriations of both Houses of Congress a completed 
fiscal year 2013 execution and spending plan and a long-term roadmap 
for the life of the project that includes, but is not limited to, the 
following: (a) annual and total spending for each Department; (b) a 
quarterly schedule of milestones for each Department over the life of 
the project; (c) detailed cost-sharing business rules; and (d) data 
standardization schedules between the Departments.</DELETED>

 <DELETED>Chemical Agents and Munitions Destruction, Defense</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the destruction of the United States stockpile of lethal chemical 
agents and munitions in accordance with the provisions of section 1412 
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), 
and for the destruction of other chemical warfare materials that are 
not in the chemical weapon stockpile, $1,301,786,000, of which 
$635,843,000 shall be for operation and maintenance, of which no less 
than $53,948,000 shall be for the Chemical Stockpile Emergency 
Preparedness Program, consisting of $22,214,000 for activities on 
military installations and $31,734,000, to remain available until 
September 30, 2014, to assist State and local governments; $18,592,000 
shall be for procurement, to remain available until September 30, 2015, 
of which $1,823,000 shall be for the Chemical Stockpile Emergency 
Preparedness Program to assist State and local governments; and 
$647,351,000, to remain available until September 30, 2014, shall be 
for research, development, test and evaluation, of which $627,705,000 
shall only be for the Assembled Chemical Weapons Alternatives (ACWA) 
program.</DELETED>

        <DELETED>Drug Interdiction and Counter-Drug Activities, 
                           Defense</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For drug interdiction and counter-drug activities of the 
Department of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve components 
serving under the provisions of title 10 and title 32, United States 
Code; for operation and maintenance; for procurement; and for research, 
development, test and evaluation, $1,133,363,000:  Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which transferred:  Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority contained elsewhere in this Act.</DELETED>

    <DELETED>Joint Improvised Explosive Device Defeat Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the ``Joint Improvised Explosive Device Defeat 
Fund,''$217,414,000, to remain available until September 30, 2015, for 
Staff and Infrastructure:  Provided, That such funds shall be available 
to the Secretary of Defense, notwithstanding any other provision of 
law, for the purpose of allowing the Director of the Joint Improvised 
Explosive Device Defeat Organization to investigate, develop and 
provide equipment, supplies, services, training, facilities, personnel 
and funds to assist United States forces in the defeat of improvised 
explosive devices:  Provided further, That, within 60 days of the 
enactment of this Act, a plan for the intended management and use of 
the amounts provided under this heading shall be submitted to the 
congressional defense committees:  Provided further, That the Secretary 
of Defense shall submit a report not later than 60 days after the end 
of each fiscal quarter to the congressional defense committees 
providing assessments of the evolving threats, individual service 
requirements to counter the threats, the current strategy for 
predeployment training of members of the Armed Forces on improvised 
explosive devices, and details on the execution of the Fund:  Provided 
further, That the Secretary of Defense may transfer funds provided 
herein to appropriations for operation and maintenance; procurement; 
research, development, test and evaluation; and defense working capital 
funds to accomplish the purpose provided herein:  Provided further, 
That amounts transferred shall be merged with and available for the 
same purposes and time period as the appropriations to which 
transferred:  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.</DELETED>

           <DELETED>Office of the Inspector General</DELETED>

<DELETED>    For expenses and activities of the Office of the Inspector 
General in carrying out the provisions of the Inspector General Act of 
1978, as amended, $350,321,000, of which $347,621,000 shall be for 
operation and maintenance, of which not to exceed $700,000 is available 
for emergencies and extraordinary expenses to be expended on the 
approval or authority of the Inspector General, and payments may be 
made on the Inspector General's certificate of necessity for 
confidential military purposes; and of which $2,700,000, to remain 
available until September 30, 2015, shall be for procurement.</DELETED>

                      <DELETED>TITLE VII</DELETED>

                  <DELETED>RELATED AGENCIES</DELETED>

 <DELETED>Central Intelligence Agency Retirement and Disability System 
                             Fund</DELETED>

<DELETED>    For payment to the Central Intelligence Agency Retirement 
and Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $514,000,000.</DELETED>

      <DELETED>Intelligence Community Management Account</DELETED>

<DELETED>    For necessary expenses of the Intelligence Community 
Management Account, $511,476,000.</DELETED>

                     <DELETED>TITLE VIII</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    Sec. 8001.  No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not authorized 
by the Congress.</DELETED>
<DELETED>    Sec. 8002.  During the current fiscal year, provisions of 
law prohibiting the payment of compensation to, or employment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense:  Provided, That salary increases granted 
to direct and indirect hire foreign national employees of the 
Department of Defense funded by this Act shall not be at a rate in 
excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher:  Provided further, 
That this section shall not apply to Department of Defense foreign 
service national employees serving at United States diplomatic missions 
whose pay is set by the Department of State under the Foreign Service 
Act of 1980:  Provided further, That the limitations of this provision 
shall not apply to foreign national employees of the Department of 
Defense in the Republic of Turkey.</DELETED>
<DELETED>    Sec. 8003.  No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year, unless expressly so provided herein.</DELETED>
<DELETED>    Sec. 8004.  No more than 20 percent of the appropriations 
in this Act which are limited for obligation during the current fiscal 
year shall be obligated during the last 2 months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training 
of the Reserve Officers' Training Corps.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 8005.  Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, with 
the approval of the Office of Management and Budget, transfer not to 
exceed $3,000,000,000 of working capital funds of the Department of 
Defense or funds made available in this Act to the Department of 
Defense for military functions (except military construction) between 
such appropriations or funds or any subdivision thereof, to be merged 
with and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred:  Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by the Congress:  Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act:  Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress:  
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made prior to June 
30, 2013:  Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section.</DELETED>
<DELETED>    Sec. 8006. (a) With regard to the list of specific 
programs, projects, and activities (and the dollar amounts and 
adjustments to budget activities corresponding to such programs, 
projects, and activities) contained in the tables titled ``Explanation 
of Project Level Adjustments'' in the explanatory statement regarding 
this Act, the obligation and expenditure of amounts appropriated or 
otherwise made available in this Act for those programs, projects, and 
activities for which the amounts appropriated exceed the amounts 
requested are hereby required by law to be carried out in the manner 
provided by such tables to the same extent as if the tables were 
included in the text of this Act.</DELETED>
<DELETED>    (b) Amounts specified in the referenced tables described 
in subsection (a) shall not be treated as subdivisions of 
appropriations for purposes of section 8005 of this Act:  Provided, 
That section 8005 shall apply when transfers of the amounts described 
in subsection (a) occur between appropriation accounts.</DELETED>
<DELETED>    Sec. 8007. (a) Not later than 60 days after enactment of 
this Act, the Department of Defense shall submit a report to the 
congressional defense committees to establish the baseline for 
application of reprogramming and transfer authorities for fiscal year 
2013:  Provided, That the report shall include--</DELETED>
        <DELETED>    (1) a table for each appropriation with a separate 
        column to display the President's budget request, adjustments 
        made by Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;</DELETED>
        <DELETED>    (2) a delineation in the table for each 
        appropriation both by budget activity and program, project, and 
        activity as detailed in the Budget Appendix; and</DELETED>
        <DELETED>    (3) an identification of items of special 
        congressional interest.</DELETED>
<DELETED>    (b) Notwithstanding section 8005 of this Act, none of the 
funds provided in this Act shall be available for reprogramming or 
transfer until the report identified in subsection (a) is submitted to 
the congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency 
requirement.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 8008.  During the current fiscal year, cash balances 
in working capital funds of the Department of Defense established 
pursuant to section 2208 of title 10, United States Code, may be 
maintained in only such amounts as are necessary at any time for cash 
disbursements to be made from such funds:  Provided, That transfers may 
be made between such funds:  Provided further, That transfers may be 
made between working capital funds and the ``Foreign Currency 
Fluctuations, Defense'' appropriation and the ``Operation and 
Maintenance'' appropriation accounts in such amounts as may be 
determined by the Secretary of Defense, with the approval of the Office 
of Management and Budget, except that such transfers may not be made 
unless the Secretary of Defense has notified the Congress of the 
proposed transfer. Except in amounts equal to the amounts appropriated 
to working capital funds in this Act, no obligations may be made 
against a working capital fund to procure or increase the value of war 
reserve material inventory, unless the Secretary of Defense has 
notified the Congress prior to any such obligation.</DELETED>
<DELETED>    Sec. 8009.  Funds appropriated by this Act may not be used 
to initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense 
committees.</DELETED>
<DELETED>    Sec. 8010.  None of the funds provided in this Act shall 
be available to initiate: (1) a multiyear contract that employs 
economic order quantity procurement in excess of $20,000,000 in any one 
year of the contract or that includes an unfunded contingent liability 
in excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any one year, unless the 
congressional defense committees have been notified at least 30 days in 
advance of the proposed contract award:  Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability:  Provided further, That no part of any appropriation 
contained in this Act shall be available to initiate multiyear 
procurement contracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act:  Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to the 
congressional defense committees:  Provided further, That none of the 
funds appropriated by this Act shall be available for a contract that 
incrementally funds an end item purchased under multi-year procurement 
authority:  Provided further, That the preceding limitation shall not 
apply to advance procurement funding and economic order quantity 
funding associated with a multi-year procurement:  Provided further, 
That the execution of multiyear authority shall require the use of a 
present value analysis to determine lowest cost compared to an annual 
procurement:  Provided further, That none of the funds provided in this 
Act may be used for a multiyear contract executed after the date of the 
enactment of this Act unless in the case of any such contract--
</DELETED>
        <DELETED>    (1) the Secretary of Defense has submitted to 
        Congress a budget request for full funding of units to be 
        procured through the contract and, in the case of a contract 
        for procurement of aircraft, that includes, for any aircraft 
        unit to be procured through the contract for which procurement 
        funds are requested in that budget request for production 
        beyond advance procurement activities in the fiscal year 
        covered by the budget, full funding of procurement of such unit 
        in that fiscal year;</DELETED>
        <DELETED>    (2) cancellation provisions in the contract do not 
        include consideration of recurring manufacturing costs of the 
        contractor associated with the production of unfunded units to 
        be delivered under the contract;</DELETED>
        <DELETED>    (3) the contract provides that payments to the 
        contractor under the contract shall not be made in advance of 
        incurred costs on funded units; and</DELETED>
        <DELETED>    (4) the contract does not provide for a price 
        adjustment based on a failure to award a follow-on 
        contract.</DELETED>
<DELETED>     Funds appropriated in title III of this Act may be used 
for a multiyear procurement contract as follows:</DELETED>
<DELETED>     F/A-18E, F/A-18F, and EA-18G aircraft; DDG-51 Arleigh 
Burke class destroyer and associated systems; SSN-774 Virginia class 
submarine and government-furnished equipment; CH-47 Chinook helicopter; 
and V-22 Osprey aircraft variants.</DELETED>
<DELETED>    Sec. 8011.  Within the funds appropriated for the 
operation and maintenance of the Armed Forces, funds are hereby 
appropriated pursuant to section 401 of title 10, United States Code, 
for humanitarian and civic assistance costs under chapter 20 of title 
10, United States Code. Such funds may also be obligated for 
humanitarian and civic assistance costs incidental to authorized 
operations and pursuant to authority granted in section 401 of chapter 
20 of title 10, United States Code, and these obligations shall be 
reported as required by section 401(d) of title 10, United States Code: 
 Provided, That funds available for operation and maintenance shall be 
available for providing humanitarian and similar assistance by using 
Civic Action Teams in the Trust Territories of the Pacific Islands and 
freely associated states of Micronesia, pursuant to the Compact of Free 
Association as authorized by Public Law 99-239:  Provided further, That 
upon a determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at Army 
medical facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable basis, for 
civilian patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.</DELETED>
<DELETED>    Sec. 8012. (a) During fiscal year 2013, the civilian 
personnel of the Department of Defense may not be managed on the basis 
of any end-strength, and the management of such personnel during that 
fiscal year shall not be subject to any constraint or limitation (known 
as an end-strength) on the number of such personnel who may be employed 
on the last day of such fiscal year.</DELETED>
<DELETED>    (b) The fiscal year 2014 budget request for the Department 
of Defense as well as all justification material and other 
documentation supporting the fiscal year 2014 Department of Defense 
budget request shall be prepared and submitted to the Congress as if 
subsections (a) and (b) of this provision were effective with regard to 
fiscal year 2014.</DELETED>
<DELETED>    (c) Nothing in this section shall be construed to apply to 
military (civilian) technicians.</DELETED>
<DELETED>    Sec. 8013.  None of the funds made available by this Act 
shall be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation matters 
pending before the Congress.</DELETED>
<DELETED>    Sec. 8014.  None of the funds appropriated by this Act 
shall be available for the basic pay and allowances of any member of 
the Army participating as a full-time student and receiving benefits 
paid by the Secretary of Veterans Affairs from the Department of 
Defense Education Benefits Fund when time spent as a full-time student 
is credited toward completion of a service commitment:  Provided, That 
this section shall not apply to those members who have reenlisted with 
this option prior to October 1, 1987:  Provided further, That this 
section applies only to active components of the Army.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 8015.  Funds appropriated in title III of this Act 
for the Department of Defense Pilot Mentor-Protege Program may be 
transferred to any other appropriation contained in this Act solely for 
the purpose of implementing a Mentor-Protege Program developmental 
assistance agreement pursuant to section 831 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 
2302 note), as amended, under the authority of this provision or any 
other transfer authority contained in this Act.</DELETED>
<DELETED>    Sec. 8016.  None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States:  Provided, That for the purpose of 
this section, the term ``manufactured'' shall include cutting, heat 
treating, quality control, testing of chain and welding (including the 
forging and shot blasting process):  Provided further, That for the 
purpose of this section substantially all of the components of anchor 
and mooring chain shall be considered to be produced or manufactured in 
the United States if the aggregate cost of the components produced or 
manufactured in the United States exceeds the aggregate cost of the 
components produced or manufactured outside the United States:  
Provided further, That when adequate domestic supplies are not 
available to meet Department of Defense requirements on a timely basis, 
the Secretary of the service responsible for the procurement may waive 
this restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations that such an acquisition must be made 
in order to acquire capability for national security 
purposes.</DELETED>
<DELETED>    Sec. 8017.  None of the funds available to the Department 
of Defense, herein and hereafter, may be used to demilitarize or 
dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber 
rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or 
destroy small arms ammunition or ammunition components that are not 
otherwise prohibited from commercial sale under Federal law, unless the 
small arms ammunition or ammunition components are certified by the 
Secretary of the Army or designee as unserviceable or unsafe for 
further use.</DELETED>
<DELETED>    Sec. 8018.  No more than $500,000 of the funds 
appropriated or made available in this Act shall be used during a 
single fiscal year for any single relocation of an organization, unit, 
activity or function of the Department of Defense into or within the 
National Capital Region:  Provided, That the Secretary of Defense may 
waive this restriction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relocation is 
required in the best interest of the Government.</DELETED>
<DELETED>    Sec. 8019.  In addition to the funds provided elsewhere in 
this Act, $15,000,000 is appropriated only for incentive payments 
authorized by section 504 of the Indian Financing Act of 1974 (25 
U.S.C. 1544):  Provided, That a prime contractor or a subcontractor at 
any tier that makes a subcontract award to any subcontractor or 
supplier as defined in section 1544 of title 25, United States Code, or 
a small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code, shall be 
considered a contractor for the purposes of being allowed additional 
compensation under section 504 of the Indian Financing Act of 1974 (25 
U.S.C. 1544) whenever the prime contract or subcontract amount is over 
$500,000 and involves the expenditure of funds appropriated by an Act 
making Appropriations for the Department of Defense with respect to any 
fiscal year:  Provided further, That notwithstanding section 1906 of 
title 41, United States Code, this section shall be applicable to any 
Department of Defense acquisition of supplies or services, including 
any contract and any subcontract at any tier for acquisition of 
commercial items produced or manufactured, in whole or in part, by any 
subcontractor or supplier defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by an individual 
or individuals defined under section 4221(9) of title 25, United States 
Code.</DELETED>
<DELETED>    Sec. 8020.  Funds appropriated by this Act for the Defense 
Media Activity shall not be used for any national or international 
political or psychological activities.</DELETED>
<DELETED>    Sec. 8021.  During the current fiscal year, the Department 
of Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section:  Provided, That upon 
receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such 
obligations.</DELETED>
<DELETED>    Sec. 8022. (a) Of the funds made available in this Act, 
not less than $38,619,000 shall be available for the Civil Air Patrol 
Corporation, of which--</DELETED>
        <DELETED>    (1) $28,404,000 shall be available from 
        ``Operation and Maintenance, Air Force'' to support Civil Air 
        Patrol Corporation operation and maintenance, readiness, 
        counterdrug activities, and drug demand reduction activities 
        involving youth programs;</DELETED>
        <DELETED>    (2) $9,298,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and</DELETED>
        <DELETED>    (3) $917,000 shall be available from ``Other 
        Procurement, Air Force'' for vehicle procurement.</DELETED>
<DELETED>    (b) The Secretary of the Air Force should waive 
reimbursement for any funds used by the Civil Air Patrol for counter-
drug activities in support of Federal, State, and local government 
agencies.</DELETED>
<DELETED>    Sec. 8023. (a) None of the funds appropriated in this Act 
are available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other nonprofit 
entities.</DELETED>
<DELETED>    (b) No member of a Board of Directors, Trustees, 
Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or 
any similar entity of a defense FFRDC, and no paid consultant to any 
defense FFRDC, except when acting in a technical advisory capacity, may 
be compensated for his or her services as a member of such entity, or 
as a paid consultant by more than one FFRDC in a fiscal year:  
Provided, That a member of any such entity referred to previously in 
this subsection shall be allowed travel expenses and per diem as 
authorized under the Federal Joint Travel Regulations, when engaged in 
the performance of membership duties.</DELETED>
<DELETED>    (c) Notwithstanding any other provision of law, none of 
the funds available to the department from any source during fiscal 
year 2013 may be used by a defense FFRDC, through a fee or other 
payment mechanism, for construction of new buildings, for payment of 
cost sharing for projects funded by Government grants, for absorption 
of contract overruns, or for certain charitable contributions, not to 
include employee participation in community service and/or 
development.</DELETED>
<DELETED>    (d) Notwithstanding any other provision of law, of the 
funds available to the department during fiscal year 2013, not more 
than 5,750 staff years of technical effort (staff years) may be funded 
for defense FFRDCs:  Provided, That of the specific amount referred to 
previously in this subsection, not more than 1,125 staff years may be 
funded for the defense studies and analysis FFRDCs:  Provided further, 
That this subsection shall not apply to staff years funded in the 
National Intelligence Program (NIP) and the Military Intelligence 
Program (MIP).</DELETED>
<DELETED>    (e) The Secretary of Defense shall, with the submission of 
the department's fiscal year 2014 budget request, submit a report 
presenting the specific amounts of staff years of technical effort to 
be allocated for each defense FFRDC during that fiscal year and the 
associated budget estimates.</DELETED>
<DELETED>    Sec. 8024.  None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy or armor 
steel plate for use in any Government-owned facility or property under 
the control of the Department of Defense which were not melted and 
rolled in the United States or Canada:  Provided, That these 
procurement restrictions shall apply to any and all Federal Supply 
Class 9515, American Society of Testing and Materials (ASTM) or 
American Iron and Steel Institute (AISI) specifications of carbon, 
alloy or armor steel plate:  Provided further, That the Secretary of 
the military department responsible for the procurement may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes:  Provided further, That these restrictions shall not 
apply to contracts which are in being as of the date of the enactment 
of this Act.</DELETED>
<DELETED>    Sec. 8025.  For the purposes of this Act, the term 
``congressional defense committees'' means the Armed Services Committee 
of the House of Representatives, the Armed Services Committee of the 
Senate, the Subcommittee on Defense of the Committee on Appropriations 
of the Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives.</DELETED>
<DELETED>    Sec. 8026.  During the current fiscal year, the Department 
of Defense may acquire the modification, depot maintenance and repair 
of aircraft, vehicles and vessels as well as the production of 
components and other Defense-related articles, through competition 
between Department of Defense depot maintenance activities and private 
firms:  Provided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids:  Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.</DELETED>
<DELETED>    Sec. 8027. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, determines 
that a foreign country which is party to an agreement described in 
paragraph (2) has violated the terms of the agreement by discriminating 
against certain types of products produced in the United States that 
are covered by the agreement, the Secretary of Defense shall rescind 
the Secretary's blanket waiver of the Buy American Act with respect to 
such types of products produced in that foreign country.</DELETED>
<DELETED>    (2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of understanding, between the 
United States and a foreign country pursuant to which the Secretary of 
Defense has prospectively waived the Buy American Act for certain 
products in that country.</DELETED>
<DELETED>    (b) The Secretary of Defense shall submit to the Congress 
a report on the amount of Department of Defense purchases from foreign 
entities in fiscal year 2013. Such report shall separately indicate the 
dollar value of items for which the Buy American Act was waived 
pursuant to any agreement described in subsection (a)(2), the Trade 
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any international 
agreement to which the United States is a party.</DELETED>
<DELETED>    (c) For purposes of this section, the term ``Buy American 
Act'' means chapter 83 of title 41, United States Code.</DELETED>
<DELETED>    Sec. 8028.  During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military Facility 
Investment Recovery Account established by section 2921(c)(1) of the 
National Defense Authorization Act of 1991 (Public Law 101-510; 10 
U.S.C. 2687 note) shall be available until expended for the payments 
specified by section 2921(c)(2) of that Act.</DELETED>
<DELETED>    Sec. 8029. (a) Notwithstanding any other provision of law, 
the Secretary of the Air Force may convey at no cost to the Air Force, 
without consideration, to Indian tribes located in the States of 
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, 
and Washington relocatable military housing units located at Grand 
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force 
Base, Ellsworth Air Force Base, and Minot Air Force Base that are 
excess to the needs of the Air Force.</DELETED>
<DELETED>    (b) The Secretary of the Air Force shall convey, at no 
cost to the Air Force, military housing units under subsection (a) in 
accordance with the request for such units that are submitted to the 
Secretary by the Operation Walking Shield Program on behalf of Indian 
tribes located in the States of Nevada, Idaho, North Dakota, South 
Dakota, Montana, Oregon, Minnesota, and Washington. Any such conveyance 
shall be subject to the condition that the housing units shall be 
removed within a reasonable period of time, as determined by the 
Secretary.</DELETED>
<DELETED>    (c) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting requests to the Secretary of the Air 
Force under subsection (b).</DELETED>
<DELETED>    (d) In this section, the term ``Indian tribe'' means any 
recognized Indian tribe included on the current list published by the 
Secretary of the Interior under section 104 of the Federally Recognized 
Indian Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 
479a-1).</DELETED>
<DELETED>    Sec. 8030.  During the current fiscal year, appropriations 
which are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment item 
unit cost of not more than $250,000.</DELETED>
<DELETED>    Sec. 8031. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.</DELETED>
<DELETED>    (b) The fiscal year 2014 budget request for the Department 
of Defense as well as all justification material and other 
documentation supporting the fiscal year 2014 Department of Defense 
budget shall be prepared and submitted to the Congress on the basis 
that any equipment which was classified as an end item and funded in a 
procurement appropriation contained in this Act shall be budgeted for 
in a proposed fiscal year 2014 procurement appropriation and not in the 
supply management business area or any other area or category of the 
Department of Defense Working Capital Funds.</DELETED>
<DELETED>    Sec. 8032.  None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 2014:  Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior or 
subsequent fiscal year shall remain available until expended:  Provided 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for advanced research and development acquisition, 
for agent operations, and for covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2014.</DELETED>
<DELETED>    Sec. 8033.  Notwithstanding any other provision of law, 
funds made available in this Act for the Defense Intelligence Agency 
may be used for the design, development, and deployment of General 
Defense Intelligence Program intelligence communications and 
intelligence information systems for the Services, the Unified and 
Specified Commands, and the component commands.</DELETED>
<DELETED>    Sec. 8034.  Of the funds appropriated to the Department of 
Defense under the heading ``Operation and Maintenance, Defense-Wide'', 
not less than $12,000,000 shall be made available only for the 
mitigation of environmental impacts, including training and technical 
assistance to tribes, related administrative support, the gathering of 
information, documenting of environmental damage, and developing a 
system for prioritization of mitigation and cost to complete estimates 
for mitigation, on Indian lands resulting from Department of Defense 
activities.</DELETED>
<DELETED>    Sec. 8035. (a) None of the funds appropriated in this Act 
may be expended by an entity of the Department of Defense unless the 
entity, in expending the funds, complies with the Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means 
chapter 83 of title 41, United States Code.</DELETED>
<DELETED>    (b) If the Secretary of Defense determines that a person 
has been convicted of intentionally affixing a label bearing a ``Made 
in America'' inscription to any product sold in or shipped to the 
United States that is not made in America, the Secretary shall 
determine, in accordance with section 2410f of title 10, United States 
Code, whether the person should be debarred from contracting with the 
Department of Defense.</DELETED>
<DELETED>    (c) In the case of any equipment or products purchased 
with appropriations provided under this Act, it is the sense of the 
Congress that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely 
fashion.</DELETED>
<DELETED>    Sec. 8036.  None of the funds appropriated by this Act 
shall be available for a contract for studies, analysis, or consulting 
services entered into without competition on the basis of an 
unsolicited proposal unless the head of the activity responsible for 
the procurement determines--</DELETED>
        <DELETED>    (1) as a result of thorough technical evaluation, 
        only one source is found fully qualified to perform the 
        proposed work;</DELETED>
        <DELETED>    (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant scientific or 
        technological promise, represents the product of original 
        thinking, and was submitted in confidence by one source; 
        or</DELETED>
        <DELETED>    (3) the purpose of the contract is to take 
        advantage of unique and significant industrial accomplishment 
        by a specific concern, or to insure that a new product or idea 
        of a specific concern is given financial support:  Provided, 
        That this limitation shall not apply to contracts in an amount 
        of less than $25,000, contracts related to improvements of 
        equipment that is in development or production, or contracts as 
        to which a civilian official of the Department of Defense, who 
        has been confirmed by the Senate, determines that the award of 
        such contract is in the interest of the national 
        defense.</DELETED>
<DELETED>    Sec. 8037. (a) Except as provided in subsections (b) and 
(c), none of the funds made available by this Act may be used--
</DELETED>
        <DELETED>    (1) to establish a field operating agency; 
        or</DELETED>
        <DELETED>    (2) to pay the basic pay of a member of the Armed 
        Forces or civilian employee of the department who is 
        transferred or reassigned from a headquarters activity if the 
        member or employee's place of duty remains at the location of 
        that headquarters.</DELETED>
<DELETED>    (b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), on a case-by-
case basis, if the Secretary determines, and certifies to the 
Committees on Appropriations of the House of Representatives and Senate 
that the granting of the waiver will reduce the personnel requirements 
or the financial requirements of the department.</DELETED>
<DELETED>    (c) This section does not apply to--</DELETED>
        <DELETED>    (1) field operating agencies funded within the 
        National Intelligence Program;</DELETED>
        <DELETED>    (2) an Army field operating agency established to 
        eliminate, mitigate, or counter the effects of improvised 
        explosive devices, and, as determined by the Secretary of the 
        Army, other similar threats; or</DELETED>
        <DELETED>    (3) an Army field operating agency established to 
        improve the effectiveness and efficiencies of biometric 
        activities and to integrate common biometric technologies 
        throughout the Department of Defense.</DELETED>
<DELETED>    Sec. 8038.  The Secretary of Defense, notwithstanding any 
other provision of law, acting through the Office of Economic 
Adjustment of the Department of Defense, may use funds made available 
in this Act under the heading ``Operation and Maintenance, Defense-
Wide'' to make grants and supplement other Federal funds in accordance 
with the guidance provided in the explanatory statement regarding this 
Act.</DELETED>
<DELETED>    Sec. 8039. (a) None of the funds appropriated by this Act 
shall be available to convert to contractor performance an activity or 
function of the Department of Defense that, on or after the date of the 
enactment of this Act, is performed by Department of Defense civilian 
employees unless--</DELETED>
<DELETED>    (1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost effective 
organization plan developed by such activity or function;</DELETED>
<DELETED>    (2) the Competitive Sourcing Official determines that, 
over all performance periods stated in the solicitation of offers for 
performance of the activity or function, the cost of performance of the 
activity or function by a contractor would be less costly to the 
Department of Defense by an amount that equals or exceeds the lesser 
of--</DELETED>
        <DELETED>    (A) 10 percent of the most efficient 
        organization's personnel-related costs for performance of that 
        activity or function by Federal employees; or</DELETED>
        <DELETED>    (B) $10,000,000; and</DELETED>
<DELETED>    (3) the contractor does not receive an advantage for a 
proposal that would reduce costs for the Department of Defense by--
</DELETED>
        <DELETED>    (A) not making an employer-sponsored health 
        insurance plan available to the workers who are to be employed 
        in the performance of that activity or function under the 
        contract; or</DELETED>
        <DELETED>    (B) offering to such workers an employer-sponsored 
        health benefits plan that requires the employer to contribute 
        less towards the premium or subscription share than the amount 
        that is paid by the Department of Defense for health benefits 
        for civilian employees under chapter 89 of title 5, United 
        States Code.</DELETED>
<DELETED>    (b)(1) The Department of Defense, without regard to 
subsection (a) of this section or subsection (a), (b), or (c) of 
section 2461 of title 10, United States Code, and notwithstanding any 
administrative regulation, requirement, or policy to the contrary shall 
have full authority to enter into a contract for the performance of any 
commercial or industrial type function of the Department of Defense 
that--</DELETED>
<DELETED>    (A) is included on the procurement list established 
pursuant to section 2 of the Javits-Wagner-O'Day Act (section 8503 of 
title 41, United States Code);</DELETED>
<DELETED>    (B) is planned to be converted to performance by a 
qualified nonprofit agency for the blind or by a qualified nonprofit 
agency for other severely handicapped individuals in accordance with 
that Act; or</DELETED>
<DELETED>    (C) is planned to be converted to performance by a 
qualified firm under at least 51 percent ownership by an Indian tribe, 
as defined in section 4(e) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian 
Organization, as defined in section 8(a)(15) of the Small Business Act 
(15 U.S.C. 637(a)(15)).</DELETED>
<DELETED>    (2) This section shall not apply to depot contracts or 
contracts for depot maintenance as provided in sections 2469 and 2474 
of title 10, United States Code.</DELETED>
<DELETED>    (c) The conversion of any activity or function of the 
Department of Defense under the authority provided by this section 
shall be credited toward any competitive or outsourcing goal, target, 
or measurement that may be established by statute, regulation, or 
policy and is deemed to be awarded under the authority of, and in 
compliance with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of commercial 
activities.</DELETED>

                    <DELETED>(rescissions)</DELETED>

<DELETED>    Sec. 8040.  Of the funds appropriated in Department of 
Defense Appropriations Acts, the following funds are hereby rescinded 
from the following accounts and programs in the specified 
amounts:</DELETED>
<DELETED>    ``Procurement of Ammunition, Army, 2011/2013'', 
$14,862,000;</DELETED>
<DELETED>    ``Aircraft Procurement, Navy, 2011/2013'', 
$30,100,000;</DELETED>
<DELETED>    ``Weapons Procurement, Navy, 2011/2013'', 
$22,000,000;</DELETED>
<DELETED>    ``Other Procurement, Navy, 2011/2013'', 
$12,432,000;</DELETED>
<DELETED>    ``Aircraft Procurement, Air Force, 2011/2013'', 
$65,000,000;</DELETED>
<DELETED>    ``Other Procurement, Air Force, 2011/2013'', 
$9,500,000;</DELETED>
<DELETED>    ``Other Procurement, Army, 2012/2014'', 
$80,000,000;</DELETED>
<DELETED>    ``Aircraft Procurement, Navy, 2012/2014'', 
$14,400,000;</DELETED>
<DELETED>    ``Weapons Procurement, Navy, 2012/2014'', 
$31,572,000;</DELETED>
<DELETED>    ``Aircraft Procurement, Air Force, 2012/2014'', 
$277,050,000;</DELETED>
<DELETED>    ``Missile Procurement, Air Force, 2012/2014'', 
$44,000,000;</DELETED>
<DELETED>    ``Other Procurement, Air Force, 2012/2014'', 
$55,800,000;</DELETED>
<DELETED>    ``Research, Development, Test and Evaluation, Army, 2012/
2013'', $63,000,000;</DELETED>
<DELETED>    ``Research, Development, Test and Evaluation, Navy, 2012/
2013'', $120,000,000; and</DELETED>
<DELETED>    ``Research, Development, Test and Evaluation, Air Force, 
2012/2013'', $179,600,000.</DELETED>
<DELETED>    Sec. 8041.  None of the funds available in this Act may be 
used to reduce the authorized positions for military technicians (dual 
status) of the Army National Guard, Air National Guard, Army Reserve 
and Air Force Reserve for the purpose of applying any administratively 
imposed civilian personnel ceiling, freeze, or reduction on military 
technicians (dual status), unless such reductions are a direct result 
of a reduction in military force structure.</DELETED>
<DELETED>    Sec. 8042.  None of the funds appropriated or otherwise 
made available in this Act may be obligated or expended for assistance 
to the Democratic People's Republic of Korea unless specifically 
appropriated for that purpose.</DELETED>
<DELETED>    Sec. 8043.  Funds appropriated in this Act for operation 
and maintenance of the Military Departments, Combatant Commands and 
Defense Agencies shall be available for reimbursement of pay, 
allowances and other expenses which would otherwise be incurred against 
appropriations for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or counterintelligence 
support to Combatant Commands, Defense Agencies and Joint Intelligence 
Activities, including the activities and programs included within the 
National Intelligence Program and the Military Intelligence Program:  
Provided, That nothing in this section authorizes deviation from 
established Reserve and National Guard personnel and training 
procedures.</DELETED>
<DELETED>    Sec. 8044.  During the current fiscal year, none of the 
funds appropriated in this Act may be used to reduce the civilian 
medical and medical support personnel assigned to military treatment 
facilities below the September 30, 2003, level:  Provided, That the 
Service Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population is 
declining in some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and capitation-
based budgeting.</DELETED>
<DELETED>    Sec. 8045. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug interdiction or 
counter-drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in an 
appropriations law.</DELETED>
<DELETED>    (b) None of the funds available to the Central 
Intelligence Agency for any fiscal year for drug interdiction and 
counter-drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in an 
appropriations law.</DELETED>
<DELETED>    Sec. 8046.  None of the funds appropriated by this Act may 
be used for the procurement of ball and roller bearings other than 
those produced by a domestic source and of domestic origin:  Provided, 
That the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes:  Provided further, That this 
restriction shall not apply to the purchase of ``commercial items'', as 
defined by section 4(12) of the Office of Federal Procurement Policy 
Act, except that the restriction shall apply to ball or roller bearings 
purchased as end items.</DELETED>
<DELETED>    Sec. 8047.  None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the United 
States, unless the Secretary of Defense certifies to the congressional 
defense committees that such an acquisition must be made in order to 
acquire capability for national security purposes that is not available 
from United States manufacturers.</DELETED>
<DELETED>    Sec. 8048.  None of the funds made available in this or 
any other Act may be used to pay the salary of any officer or employee 
of the Department of Defense who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of 
another Federal agency not financed by this Act without the express 
authorization of Congress:  Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.</DELETED>
<DELETED>    Sec. 8049. (a) Notwithstanding any other provision of law, 
none of the funds available to the Department of Defense for the 
current fiscal year may be obligated or expended to transfer to another 
nation or an international organization any defense articles or 
services (other than intelligence services) for use in the activities 
described in subsection (b) unless the congressional defense 
committees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations of the Senate 
are notified 15 days in advance of such transfer.</DELETED>
<DELETED>    (b) This section applies to--</DELETED>
        <DELETED>    (1) any international peacekeeping or peace-
        enforcement operation under the authority of chapter VI or 
        chapter VII of the United Nations Charter under the authority 
        of a United Nations Security Council resolution; and</DELETED>
        <DELETED>    (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.</DELETED>
<DELETED>    (c) A notice under subsection (a) shall include the 
following:</DELETED>
        <DELETED>    (1) A description of the equipment, supplies, or 
        services to be transferred.</DELETED>
        <DELETED>    (2) A statement of the value of the equipment, 
        supplies, or services to be transferred.</DELETED>
        <DELETED>    (3) In the case of a proposed transfer of 
        equipment or supplies--</DELETED>
                <DELETED>    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and</DELETED>
                <DELETED>    (B) a statement of whether the items 
                proposed to be transferred will have to be replaced 
                and, if so, how the President proposes to provide funds 
                for such replacement.</DELETED>
<DELETED>    Sec. 8050.  None of the funds available to the Department 
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--</DELETED>
        <DELETED>    (1) such costs are for a bonus or otherwise in 
        excess of the normal salary paid by the contractor to the 
        employee; and</DELETED>
        <DELETED>    (2) such bonus is part of restructuring costs 
        associated with a business combination.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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 
personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code.</DELETED>
<DELETED>    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 expired 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 
obligation 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--</DELETED>
        <DELETED>    (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 availability or closing 
        of that account;</DELETED>
        <DELETED>    (2) the obligation is not otherwise properly 
        chargeable to any current appropriation account of the 
        Department of Defense; and</DELETED>
        <DELETED>    (3) in the case of an expired account, the 
        obligation is not chargeable to a current appropriation of the 
        Department of Defense under the provisions of section 
        1405(b)(8) of the National Defense Authorization Act for Fiscal 
        Year 1991, Public Law 101-510, as amended (31 U.S.C. 1551 
        note):  Provided, That in the case of an expired account, if 
        subsequent review or investigation discloses that there was not 
        in fact a negative unliquidated or unexpended balance in the 
        account, any charge to a current account under the authority of 
        this section shall be reversed and recorded against the expired 
        account:  Provided further, That the total amount charged to a 
        current appropriation under this section may not exceed an 
        amount equal to 1 percent of the total appropriation for that 
        account.</DELETED>
<DELETED>    Sec. 8053. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of equipment 
of the National Guard Distance Learning Project by any person or entity 
on a space-available, reimbursable basis. The Chief of the National 
Guard Bureau shall establish the amount of reimbursement for such use 
on a case-by-case basis.</DELETED>
<DELETED>    (b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 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.</DELETED>
<DELETED>    Sec. 8054.  Using funds made available by this Act or any 
other Act, the Secretary of the Air Force, pursuant 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 Republic 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 
anthracite as the base load energy for municipal district heat to the 
United States Defense installations:  Provided further, 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.</DELETED>
<DELETED>    Sec. 8055.  None of the funds appropriated in title IV of 
this Act may be used to procure end-items for delivery to military 
forces for operational training, operational use or inventory 
requirements:  Provided, That this restriction 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 on Appropriations of the House of 
Representatives and the Senate that it is in the national security 
interest to do so.</DELETED>
<DELETED>    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 
country.</DELETED>
<DELETED>    (b) Subsection (a) applies with respect to--</DELETED>
        <DELETED>    (1) contracts and subcontracts entered into on or 
        after the date of the enactment of this Act; and</DELETED>
        <DELETED>    (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 application of a waiver granted under 
        subsection (a).</DELETED>
<DELETED>    (c) Subsection (a) does not apply to a limitation 
regarding construction of public vessels, ball and roller bearings, 
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.</DELETED>
<DELETED>    Sec. 8057. (a) None of the funds made available by this 
Act may be used to support any training program involving 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) The Secretary of Defense, after consultation with the 
Secretary of State, may waive the prohibition in subsection (a) if he 
determines that such waiver is required by extraordinary 
circumstances.</DELETED>
<DELETED>    (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 
training program, and the information relating to human rights 
violations that necessitates the waiver.</DELETED>
<DELETED>    Sec. 8058.  None of the funds appropriated or otherwise 
made available by this or other Department of Defense Appropriations 
Acts may be obligated or expended for the purpose of performing repairs 
or maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.</DELETED>
<DELETED>    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, 
including a description of the project, the planned acquisition and 
transition strategy and its estimated annual and total cost, has been 
provided in writing to the congressional 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.</DELETED>
<DELETED>    Sec. 8060.  The Secretary of Defense shall provide a 
classified quarterly report beginning 30 days after enactment of this 
Act, to the House and Senate Appropriations Committees, Subcommittees 
on Defense on certain matters as directed in the classified annex 
accompanying this Act.</DELETED>
<DELETED>    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 Department 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 department 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 
authority:  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 House of Representatives and 
the Senate that it is in the national security interest to do 
so.</DELETED>
<DELETED>    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 elements of the National Ballistic Missile Defense 
System.</DELETED>
<DELETED>    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 nomenclature 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 Department 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) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition 
pursuant to a contract with the Department of Defense or the 
manufacture of ammunition for export pursuant to a License for 
Permanent Export of Unclassified Military Articles issued by the 
Department of State.</DELETED>
<DELETED>    Sec. 8064.  Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau, or his designee, may waive 
payment of all or part of the consideration 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 fraternal nonprofit 
organization as may be approved by the Chief of the National Guard 
Bureau, or his designee, on a case-by-case basis.</DELETED>
<DELETED>    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 Columbia, 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 
installation is located:  Provided further, That such local procurement 
requirements for malt beverages and wine shall apply to all alcoholic 
beverages only for military installations 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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8066.  Of the amounts appropriated in this Act under 
the heading ``Operation and Maintenance, Army'', $133,381,000 shall 
remain available until expended:  Provided, That notwithstanding any 
other provision of law, the Secretary of Defense is authorized to 
transfer such funds to other activities of the Federal Government:  
Provided 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 operations 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 necessary:  
Provided further, That projects authorized by this section shall comply 
with applicable Federal, State, and local law to the maximum extent 
consistent with the national security, as determined by the Secretary 
of Defense.</DELETED>
<DELETED>    Sec. 8067.  Section 8106 of the Department of Defense 
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 continue in effect to apply to disbursements that are 
made by the Department of Defense in fiscal year 2013.</DELETED>
<DELETED>    Sec. 8068.  In addition to amounts provided elsewhere in 
this Act, $4,000,000 is hereby appropriated to the Department of 
Defense, to remain available for obligation 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 interest, 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 beneficiary.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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 Ballistic Missile Defense (SRBMD) program, including cruise 
missile defense research and development under the SRBMD program, of 
which $15,000,000 shall be for production activities of SRBMD missiles 
in the United States and in Israel to meet Israel's defense 
requirements consistent with each nation's laws, regulations, and 
procedures, $74,692,000 shall be available for an upper-tier component 
to the Israeli Missile Defense Architecture, and $44,365,000 shall be 
for the Arrow System Improvement Program 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 missiles and missile 
components may be transferred to appropriations available for the 
procurement of weapons and equipment, to be merged with and to be 
available for the same time period and the same purposes as the 
appropriation to which transferred:  Provided further, That the 
transfer authority provided under this provision is in addition to any 
other transfer authority contained in this Act.</DELETED>
<DELETED>    Sec. 8070.  None of the funds available to the Department 
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, 1994, 
shall remain in force unless changes are specifically authorized in a 
subsequent Act.</DELETED>
<DELETED>    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:</DELETED>
        <DELETED>    (1) Under the heading ``Shipbuilding and 
        Conversion, Navy, 2007/2013'': LHA Replacement Program 
        $156,685,000;</DELETED>
        <DELETED>    (2) Under the heading ``Shipbuilding and 
        Conversion, Navy, 2008/2013'': LPD-17 Amphibious Transport Dock 
        Program $80,888,000; and</DELETED>
        <DELETED>    (3) Under the heading ``Shipbuilding and 
        Conversion, Navy, 2009/2013'': CVN Refueling Overhauls 
        $135,000,000.</DELETED>
<DELETED>    Sec. 8072.  Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2013 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2013.</DELETED>
<DELETED>    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 notification to the congressional defense committee.</DELETED>
<DELETED>    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 separate budget justification 
documents for costs of United States Armed Forces' participation in 
contingency operations for the Military Personnel accounts, the 
Operation and Maintenance accounts, and the Procurement accounts:  
Provided, That these documents shall include a description of the 
funding requested for each contingency operation, for each military 
service, to include all Active and Reserve components, and for each 
appropriations account:  Provided further, That these documents shall 
include estimated costs for each element of expense or object class, a 
reconciliation of increases and decreases for each contingency 
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 operations for the budget 
year and the two preceding fiscal years.</DELETED>
<DELETED>    Sec. 8075.  None of the funds in this Act may be used for 
research, development, test, evaluation, procurement or deployment of 
nuclear armed interceptors of a missile defense system.</DELETED>
<DELETED>    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 interest, he shall make grants in the amounts specified as 
follows: $20,000,000 to the United Service Organizations and 
$24,000,000 to the Red Cross.</DELETED>
<DELETED>    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 Squadron 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 requirements during the 
non-hurricane season.</DELETED>
<DELETED>    Sec. 8078.  None of the funds provided in this Act shall 
be available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during the 
conduct of authorized foreign 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 implemented through Executive Order No. 
12333.</DELETED>
<DELETED>    Sec. 8079. (a) At the time members of reserve components 
of the Armed Forces are called or ordered to active duty under section 
12302(a) of title 10, United States Code, each member shall be notified 
in writing of the expected period during which the member will be 
mobilized.</DELETED>
<DELETED>    (b) The Secretary of Defense may waive the requirements 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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8080.  The Secretary of Defense may transfer funds 
from any available Department of the Navy appropriation to any 
available Navy ship construction appropriation for the purpose of 
liquidating necessary changes resulting from inflation, market 
fluctuations, or rate adjustments 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 transfer has been reported to the Committees 
on Appropriations of the House of Representatives and the Senate, 
unless 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.</DELETED>
<DELETED>    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 subdivision 
under the heading ``Shipbuilding and Conversion, Navy'' appropriations 
in the current fiscal year or any prior fiscal year.</DELETED>
<DELETED>    Sec. 8082. (a) None of the funds appropriated by this Act 
may be used to transfer research and development, acquisition, or other 
program authority relating to current tactical unmanned aerial vehicles 
(TUAVs) from the Army.</DELETED>
<DELETED>    (b) The Army shall retain responsibility for and 
operational 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 unmanned aerial vehicles.</DELETED>
<DELETED>    Sec. 8083.  Up to $15,000,000 of the funds appropriated 
under the heading ``Operation and Maintenance, Navy'' may be made 
available for the Asia Pacific Regional 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 exercising with foreign 
security forces:  Provided, That funds made available for this purpose 
may be used, notwithstanding any other funding authorities for 
humanitarian assistance, security assistance or combined exercise 
expenses:  Provided further, That funds may not be obligated to provide 
assistance to any foreign country that is otherwise prohibited from 
receiving such type of assistance under any other provision of 
law.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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 ``Shipbuilding and Conversion, Navy'' appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply to the 
total amount of the appropriation.</DELETED>
<DELETED>    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:</DELETED>
        <DELETED>    (1) For procurement programs requesting more than 
        $10,000,000 in any fiscal year, the P-1, Procurement Program; 
        P-5, Cost Analysis; P-5a, Procurement History and Planning; P-
        21, Production Schedule; and P-40, Budget Item 
        Justification.</DELETED>
        <DELETED>    (2) For research, development, test and evaluation 
        projects requesting more than $5,000,000 in any fiscal year, 
        the R-1, Research, Development, Test and Evaluation Program; R-
        2, Research, Development, Test and Evaluation Budget Item 
        Justification; R-3, Research, Development, Test and Evaluation 
        Project Cost Analysis; and R-4, Research, Development, Test and 
        Evaluation Program Schedule Profile.</DELETED>
<DELETED>    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 appropriated to ``Other Procurement, Army'', in title III of 
this Act is hereby reduced by $1,253,500,000.</DELETED>
<DELETED>    Sec. 8088. (a) Not later than 60 days after the date of 
enactment of this Act, the Director of National Intelligence shall 
submit a report to the congressional intelligence committees to 
establish the baseline for application of reprogramming and transfer 
authorities for fiscal year 2013:  Provided, That the report shall 
include--</DELETED>
        <DELETED>    (1) a table for each appropriation with a separate 
        column to display the President's budget request, adjustments 
        made by Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;</DELETED>
        <DELETED>    (2) a delineation in the table for each 
        appropriation by Expenditure Center and project; and</DELETED>
        <DELETED>    (3) an identification of items of special 
        congressional interest.</DELETED>
<DELETED>    (b) None of the funds provided for the National 
Intelligence Program in this Act shall be available for reprogramming 
or transfer until the report identified in subsection (a) is submitted 
to the congressional intelligence committees, unless the Director of 
National Intelligence certifies in writing to the congressional 
intelligence committees that such reprogramming or transfer is 
necessary as an emergency requirement.</DELETED>
<DELETED>    Sec. 8089. (a) None of the funds provided for the National 
Intelligence 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--</DELETED>
        <DELETED>    (1) creates a new start effort;</DELETED>
        <DELETED>    (2) terminates a program with appropriated funding 
        of $10,000,000 or more;</DELETED>
        <DELETED>    (3) transfers funding into or out of the National 
        Intelligence Program; or</DELETED>
        <DELETED>    (4) transfers funding between 
        appropriations,</DELETED>
<DELETED>unless the congressional intelligence committees are notified 
30 days in advance of such reprogramming of funds; this notification 
period may be reduced for urgent national security 
requirements.</DELETED>
<DELETED>    </DELETED>
<DELETED>    (b) None of the funds provided for the National 
Intelligence 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 
accompanying the Act unless the congressional intelligence committees 
are notified 30 days in advance of such reprogramming of funds; this 
notification period may be reduced for urgent national security 
requirements.</DELETED>
<DELETED>    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 associated 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.</DELETED>
<DELETED>    Sec. 8091.  For the purposes of this Act, the term 
``congressional intelligence committees'' means the Permanent Select 
Committee on Intelligence of the House of Representatives, the Select 
Committee on Intelligence of the Senate, the Subcommittee on Defense of 
the Committee on Appropriations of the House of Representatives, and 
the Subcommittee on Defense of the Committee on Appropriations of the 
Senate.</DELETED>
<DELETED>    Sec. 8092.  The Department of Defense shall continue to 
report incremental contingency operations costs for Operation New Dawn 
and Operation Enduring Freedom, 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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8093.  During the current fiscal year, not to exceed 
$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 ``Operation and Maintenance, Air Force'' may 
be transferred by the military department concerned to its central fund 
established for Fisher Houses and Suites pursuant to section 2493(d) of 
title 10, United States Code.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8094.  Funds appropriated by this Act for operation 
and maintenance may be available for the purpose of making remittances 
to the Defense Acquisition Workforce Development Fund in accordance 
with the requirements of section 1705 of title 10, United States 
Code.</DELETED>
<DELETED>    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 agency that it shall serve the national interest.</DELETED>
<DELETED>    (b) Subsection (a) shall not apply to a report if--
</DELETED>
        <DELETED>    (1) the public posting of the report compromises 
        national security; or</DELETED>
        <DELETED>    (2) the report contains proprietary 
        information.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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--</DELETED>
        <DELETED>    (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 arbitration 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 
        assault and battery, intentional infliction of emotional 
        distress, false imprisonment, or negligent hiring, supervision, 
        or retention; or</DELETED>
        <DELETED>    (2) take any action to enforce any provision of an 
        existing agreement with an employee or independent contractor 
        that mandates that the employee or independent contractor 
        resolve through arbitration 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 assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or 
        retention.</DELETED>
<DELETED>    (b) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal 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 
subsection (a), with respect to any employee or independent contractor 
performing work related to such subcontract. For purposes of this 
subsection, a ``covered subcontractor'' is an entity that has a 
subcontract in excess of $1,000,000 on a contract subject to subsection 
(a).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) The Secretary of Defense may waive the application 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 personally 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 determination 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 Congress, and simultaneously 
make public, any determination under this subsection not less than 15 
business days before the contract or subcontract addressed in the 
determination may be awarded.</DELETED>
<DELETED>    Sec. 8097.  None of the funds made available under this 
Act may be distributed to the Association of Community Organizations 
for Reform Now (ACORN) or its subsidiaries.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8098.  From within the funds appropriated for 
operation and maintenance for the Defense Health Program in this Act, 
up to $139,204,000, shall be available for transfer to the Joint 
Department of Defense-Department 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 operations of the integrated Captain James A. 
Lovell Federal Health Care Center, consisting of the North Chicago 
Veterans 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 
operation and maintenance for the Defense Health Program to the Joint 
Department of Defense-Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Secretary of 
Defense to the Committees on Appropriations of the House of 
Representatives and the Senate.</DELETED>
<DELETED>    Sec. 8099.  The Office of the Director of National 
Intelligence shall not employ more Senior Executive employees than are 
specified in the classified annex.</DELETED>
<DELETED>    Sec. 8100.  None of the funds appropriated or otherwise 
made available by this Act may be obligated or expended 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.</DELETED>
<DELETED>    Sec. 8101.  Appropriations available to the Department of 
Defense may be used for the purchase of 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 passenger carrying 
vehicles.</DELETED>
<DELETED>    Sec. 8102.  Of the amounts appropriated for ``Operation 
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 supplement other Federal 
funds, to remain available until expended, to assist the civilian 
population of Guam in response 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 addressing the need for 
civilian water and wastewater improvements:  Provided, That the 
Secretary of Defense shall, not fewer than 15 days prior to obligating 
funds for either of the foregoing purposes, notify the congressional 
defense committees in writing of the details of any such 
obligation.</DELETED>
<DELETED>    Sec. 8103.  None of the funds made available by this Act 
may be used by the Secretary of Defense to take beneficial 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 
Virginia 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 notifies 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:  Provided further, That 
the Secretary of Defense shall implement the Department of Defense 
Inspector General recommendations outlined in report number DODIG-2012-
024, and certify to Congress not later than 180 days after enactment of 
this Act that the recommendations have been implemented.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 8105.  None of the funds appropriated in this or any 
other Act may be used to plan, prepare for, or otherwise take any 
action to undertake or implement the separation of the National 
Intelligence Program budget from the Department of Defense 
budget.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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 requirements, 
than those for which originally appropriated and in no case where the 
item for which funds are requested has been denied by the Congress:  
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made prior to June 
30, 2013.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8107.  In addition to amounts provided elsewhere 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 Adjustment 
of the Department of Defense, or for transfer to the Secretary of 
Education, notwithstanding any other provision of law, to make grants, 
conclude cooperative agreements, or supplement other Federal funds to 
construct, renovate, repair, or expand elementary and secondary public 
schools on military installations in order to address capacity or 
facility condition deficiencies at such schools:  Provided further, 
That in making such funds available, the Office of Economic Adjustment 
or the Secretary of Education shall give priority consideration to 
those military installations with schools having the most serious 
capacity or facility condition deficiencies as determined by the 
Secretary of Defense:  Provided further, That funds may not be made 
available for a school unless its enrollment of Department of Defense-
connected children is greater than 50 percent.</DELETED>
<DELETED>    Sec. 8108.  None of the funds appropriated or otherwise 
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--</DELETED>
        <DELETED>    (1) is not a United States citizen or a member of 
        the Armed Forces of the United States; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    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 origin, 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.</DELETED>
<DELETED>    (2) Paragraph (1) shall not apply to any action taken by 
the Secretary to transfer any individual detained at Guantanamo to 
effectuate--</DELETED>
<DELETED>    (A) an order affecting the disposition of the individual 
that is issued by a court or competent tribunal of the United States 
having lawful jurisdiction (which the Secretary shall notify Congress 
of promptly after issuance); or</DELETED>
<DELETED>    (B) a pre-trial agreement entered in a military commission 
case prior to the date of the enactment of this Act.</DELETED>
<DELETED>    (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 consultation with the 
Director of National Intelligence, that--</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (A) is not a designated state sponsor of terrorism 
        or a designated foreign terrorist organization;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (C) is not, as of the date of the certification, 
        facing a threat that is likely to substantially affect its 
        ability to exercise control over the individual;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (E) has taken or agreed to take such actions as 
        the Secretary of Defense determines are necessary to ensure 
        that the individual cannot engage or reengage in any terrorist 
        activity; and</DELETED>
        <DELETED>    (F) has agreed to share with the United States any 
        information that--</DELETED>
                <DELETED>    (i) is related to the individual or any 
                associates of the individual; and</DELETED>
                <DELETED>    (ii) could affect the security of the 
                United States, its citizens, or its allies; 
                and</DELETED>
<DELETED>    (2) includes an assessment, in classified or unclassified 
form, of the capacity, willingness, and past practices (if applicable) 
of the foreign country or entity in relation to the Secretary's 
certifications.</DELETED>
<DELETED>    (c)(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 
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 transferred to such foreign country or entity and 
subsequently engaged in any terrorist activity.</DELETED>
<DELETED>    (2) Paragraph (1) shall not apply to any action taken by 
the Secretary to transfer any individual detained at Guantanamo to 
effectuate--</DELETED>
<DELETED>    (A) an order affecting the disposition of the individual 
that is issued by a court or competent tribunal of the United States 
having lawful jurisdiction (which the Secretary shall notify Congress 
of promptly after issuance); or</DELETED>
<DELETED>    (B) a pre-trial agreement entered in a military commission 
case prior to the date of the enactment of this Act.</DELETED>
<DELETED>    (d)(1) The Secretary of Defense may waive the 
applicability to a detainee transfer of a certification requirement 
specified in subparagraph (D) or (E) of subsection (b)(1) or the 
prohibition in subsection (c), if the Secretary certifies the rest of 
the criteria required by subsection (b) for transfers prohibited by (c) 
and, with the concurrence of the Secretary of State and in consultation 
with the Director of National Intelligence, determines that--</DELETED>
<DELETED>    (A) alternative actions will be taken to address the 
underlying purpose of the requirement or requirements to be 
waived;</DELETED>
<DELETED>    (B) in the case of a waiver of subparagraph (D) or (E) of 
subsection (b)(1), it is not possible to certify that the risks 
addressed in the paragraph to be waived have been completely 
eliminated, but the actions to be taken under subparagraph (A) will 
substantially mitigate such risks with regard to the individual to be 
transferred;</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (D) the transfer is in the national security interests of 
the United States.</DELETED>
<DELETED>    (2) Whenever the Secretary makes a determination under 
paragraph (1), the Secretary shall submit to the appropriate committees 
of Congress, not later than 30 days before the transfer of the 
individual concerned, the following:</DELETED>
<DELETED>    (A) A copy of the determination and the waiver 
concerned.</DELETED>
<DELETED>    (B) A statement of the basis for the determination, 
including--</DELETED>
        <DELETED>    (i) an explanation why the transfer is in the 
        national security interests of the United States; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (D) The assessment required by subsection 
(b)(2).</DELETED>
<DELETED>    (e) In this section:</DELETED>
<DELETED>    (1) The term ``appropriate committees of Congress'' 
means--</DELETED>
        <DELETED>    (A) the Committee on Armed Services, the Committee 
        on Appropriations, and the Select Committee on Intelligence of 
        the Senate; and</DELETED>
        <DELETED>    (B) the Committee on Armed Services, the Committee 
        on Appropriations, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.</DELETED>
<DELETED>    (2) The term ``individual detained at Guantanamo'' means 
any individual located at United States Naval Station, Guantanamo Bay, 
Cuba, as of October 1, 2009, who--</DELETED>
        <DELETED>    (A) is not a citizen of the United States or a 
        member of the Armed Forces of the United States; and</DELETED>
        <DELETED>    (B) is--</DELETED>
                <DELETED>    (i) in the custody or under the control of 
                the Department of Defense; or</DELETED>
                <DELETED>    (ii) otherwise under detention at United 
                States Naval Station, Guantanamo Bay.</DELETED>
<DELETED>    (3) The term ``foreign terrorist organization'' means any 
organization so designated by the Secretary of State under section 219 
of the Immigration and Nationality Act (8 U.S.C. 1189).</DELETED>
<DELETED>    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 
effective control of the Department of Defense.</DELETED>
<DELETED>    (b) The prohibition in subsection (a) shall not apply to 
any modification of facilities at United States Naval Station, 
Guantanamo Bay, Cuba.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) is not a citizen of the United States or a 
        member of the Armed Forces of the United States; and</DELETED>
        <DELETED>    (2) is--</DELETED>
                <DELETED>    (A) in the custody or under the effective 
                control of the Department of Defense; or</DELETED>
                <DELETED>    (B) otherwise under detention at United 
                States Naval Station, Guantanamo Bay, Cuba.</DELETED>
<DELETED>    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 corporation 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 agreement 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 interests of 
the Government.</DELETED>
<DELETED>    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 corporation 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, 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 
interests of the Government.</DELETED>
<DELETED>    Sec. 8113.  None of the funds made available by this Act 
may be used in contravention of section 1590 or 1591 of title 18, 
United States Code, or in contravention of the requirements of section 
106(g) or (h) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7104(g) or (h)).</DELETED>
<DELETED>    Sec. 8114.  None of the funds made available by this Act 
for International Military education and training, foreign 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 Republic 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).</DELETED>
<DELETED>    Sec. 8115.  None of the funds made available by this Act 
may be used in contravention of the War Powers Resolution (50 U.S.C. 
1541 et seq.).</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 8117.  The Secretary of the Air Force shall obligate 
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 originally appropriated.</DELETED>
<DELETED>    Sec. 8118.  None of the funds made available by this Act 
shall be used to retire C-23 Sherpa aircraft.</DELETED>
<DELETED>    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 appropriated or made available by 
this Act for such pay reduced by $258,524,000.</DELETED>
<DELETED>    Sec. 8120.  None of the funds appropriated, or otherwise 
made available in this Act may be used to transfer a veterans memorial 
object to a foreign country or an entity controlled by a foreign 
government, or otherwise transfer or convey such an object to any 
person or entity for purposes of the ultimate transfer or conveyance of 
the object to a foreign country or entity controlled by a foreign 
government, unless such transfer is specifically authorized by 
law.</DELETED>

                      <DELETED>TITLE IX</DELETED>

      <DELETED>OVERSEAS DEPLOYMENTS AND OTHER ACTIVITIES</DELETED>

                 <DELETED>MILITARY PERSONNEL</DELETED>

              <DELETED>Military Personnel, Army</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Army'', 
$9,165,082,000 (increased by $98,697,000):  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.</DELETED>

              <DELETED>Military Personnel, Navy</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Navy'', 
$870,425,000 (increased by $9,373,000):  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.</DELETED>

          <DELETED>Military Personnel, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Marine 
Corps'', $1,623,356,000 (increased by $17,482,000):  Provided, That 
such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 
1985.</DELETED>

            <DELETED>Military Personnel, Air Force</DELETED>

<DELETED>    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 Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 
1985.</DELETED>

               <DELETED>Reserve Personnel, Army</DELETED>

<DELETED>    For an additional amount for ``Reserve Personnel, Army'', 
$156,893,000 (increased by $1,690,000):  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.</DELETED>

               <DELETED>Reserve Personnel, Navy</DELETED>

<DELETED>    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 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.</DELETED>

           <DELETED>Reserve Personnel, Marine Corps</DELETED>

<DELETED>    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 Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 
1985.</DELETED>

            <DELETED>Reserve Personnel, Air Force</DELETED>

<DELETED>    For an additional amount for ``Reserve Personnel, Air 
Force'', $25,348,000 (increased by $273,000):  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.</DELETED>

           <DELETED>National Guard Personnel, Army</DELETED>

<DELETED>    For an additional amount for ``National Guard Personnel, 
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 Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 
1985.</DELETED>

         <DELETED>National Guard Personnel, Air Force</DELETED>

<DELETED>    For an additional amount for ``National Guard Personnel, 
Air Force'', $10,473,000 (increased by $113,000):  Provided, That such 
amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 
1985.</DELETED>

              <DELETED>OPERATION AND MAINTENANCE</DELETED>

           <DELETED>Operation and Maintenance, Army</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army'', $26,682,437,000:  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.</DELETED>

           <DELETED>Operation and Maintenance, Navy</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
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 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.</DELETED>

       <DELETED>Operation and Maintenance, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Marine Corps'', $4,566,340,000:  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.</DELETED>

        <DELETED>Operation and Maintenance, Air Force</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Air Force'', $9,136,236,000:  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.</DELETED>

       <DELETED>Operation and Maintenance, Defense-Wide</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
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, 
including access, provided to United States military operations in 
support of Operation Enduring Freedom, notwithstanding any other 
provision of law:  Provided further, That such reimbursement payments 
may be made in such amounts as the Secretary of Defense, with the 
concurrence of the Secretary of State, and in consultation with the 
Director of the Office of Management and Budget, may determine, in his 
discretion, based on documentation determined by the Secretary of 
Defense to adequately account for the support provided, and such 
determination is final and conclusive upon the accounting officers of 
the United States, and 15 days following notification to the 
appropriate 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 Afghanistan, and 15 days following 
notification to the appropriate congressional committees:  Provided 
further, That the Secretary of Defense shall provide quarterly reports 
to the congressional defense committees on the use of funds provided in 
this paragraph:  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.</DELETED>

       <DELETED>Operation and Maintenance, Army Reserve</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army Reserve'', $152,387,000 (increased by $5,500,000):  Provided, That 
such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 
1985.</DELETED>

       <DELETED>Operation and Maintenance, Navy Reserve</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Navy Reserve'', $55,924,000:  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.</DELETED>

   <DELETED>Operation and Maintenance, Marine Corps Reserve</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Marine Corps Reserve'', $25,477,000:  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.</DELETED>

    <DELETED>Operation and Maintenance, Air Force Reserve</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Air Force Reserve'', $120,618,000:  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.</DELETED>

   <DELETED>Operation and Maintenance, Army National Guard</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army National Guard'', $382,448,000 (increased by $10,000,000):  
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.</DELETED>

    <DELETED>Operation and Maintenance, Air National Guard</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Air National Guard'', $34,500,000:  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.</DELETED>

    <DELETED>Overseas Contingency Operations Transfer Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    In addition to amounts provided elsewhere in this Act, 
there is appropriated $3,250,000,000 (reduced by $18,500,000) for the 
``Overseas Contingency Operations Transfer Fund'' for expenses directly 
relating to overseas contingency operations by United States military 
forces, to be available until expended:  Provided, That of the funds 
made available in this section, the Secretary of Defense may transfer 
these funds only to military personnel accounts, operation and 
maintenance accounts, procurement accounts, and working capital fund 
accounts:  Provided further, That the funds made available in this 
paragraph may only be used for programs, projects, or activities 
categorized 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 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 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 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.</DELETED>

           <DELETED>Afghanistan Infrastructure Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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 
infrastructure projects, including, but not limited to, water, power, 
and transportation projects and related maintenance 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 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:  Provided 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 
counterinsurgency 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 manner as funds not transferred to the Secretary of 
State:  Provided further, That contributions of funds for the purposes 
provided herein to the Secretary of State in accordance with section 
635(d) of the Foreign Assistance Act from any person, foreign 
government, or international organization may be credited to this Fund, 
to remain available until expended, and used for such purposes:  
Provided further, That the Secretary of Defense shall, not fewer than 
15 days prior to making transfers to or from, or obligations 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, Foreign 
Relations and Appropriations of the Senate and the Committees on Armed 
Services, Foreign Affairs and Appropriations of the House of 
Representatives:  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.</DELETED>

          <DELETED>Afghanistan Security Forces Fund</DELETED>

<DELETED>    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, 
Combined Security Transition Command-Afghanistan, or the Secretary's 
designee, to provide assistance, with the concurrence of the Secretary 
of State, to the security forces of Afghanistan, including the 
provision of equipment, supplies, services, training, facility and 
infrastructure repair, renovation, and construction, and funding:  
Provided further, 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 contributions of funds for the 
purposes provided herein from any person, foreign government, or 
international organization may be credited to this Fund, to remain 
available until expended, and used for such purposes:  Provided 
further, That the Secretary of Defense shall notify the congressional 
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 details 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 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.</DELETED>

                     <DELETED>PROCUREMENT</DELETED>

             <DELETED>Aircraft Procurement, Army</DELETED>

<DELETED>    For an additional amount for ``Aircraft Procurement, 
Army'', $541,600,000, 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.</DELETED>

              <DELETED>Missile Procurement, Army</DELETED>

<DELETED>    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.</DELETED>

     <DELETED>Procurement of Weapons and Tracked Combat Vehicles, 
                             Army</DELETED>

<DELETED>    For an additional amount for ``Procurement of Weapons 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 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.</DELETED>

           <DELETED>Procurement of Ammunition, Army</DELETED>

<DELETED>    For an additional amount for ``Procurement of Ammunition, 
Army'', $338,493,000, 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.</DELETED>

               <DELETED>Other Procurement, Army</DELETED>

<DELETED>    For an additional amount for ``Other Procurement, Army'', 
$2,005,907,000, 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.</DELETED>

             <DELETED>Aircraft Procurement, Navy</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>Weapons Procurement, Navy</DELETED>

<DELETED>    For an additional amount for ``Weapons Procurement, 
Navy'', $22,500,000, 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.</DELETED>

  <DELETED>Procurement of Ammunition, Navy and Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Procurement of Ammunition, 
Navy and Marine Corps'', $284,450,000, 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.</DELETED>

               <DELETED>Other Procurement, Navy</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>Procurement, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Procurement, Marine 
Corps'', $943,683,000, 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.</DELETED>

           <DELETED>Aircraft Procurement, Air Force</DELETED>

<DELETED>    For an additional amount for ``Aircraft Procurement, Air 
Force'', $305,600,000, 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.</DELETED>

           <DELETED>Missile Procurement, Air Force</DELETED>

<DELETED>    For an additional amount for ``Missile Procurement, Air 
Force'', $34,350,000, 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.</DELETED>

        <DELETED>Procurement of Ammunition, Air Force</DELETED>

<DELETED>    For an additional amount for ``Procurement of Ammunition, 
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.</DELETED>

            <DELETED>Other Procurement, Air Force</DELETED>

<DELETED>    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 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.</DELETED>

              <DELETED>Procurement, Defense-Wide</DELETED>

<DELETED>    For an additional amount for ``Procurement, Defense-
Wide'', $217,849,000, 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.</DELETED>

     <DELETED>RESEARCH, DEVELOPMENT, TEST, AND EVALUATION</DELETED>

  <DELETED>Research, Development, Test and Evaluation, Army</DELETED>

<DELETED>    For an additional amount for ``Research, Development, Test 
and Evaluation, Army'', $14,860,000, 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.</DELETED>

  <DELETED>Research, Development, Test and Evaluation, Navy</DELETED>

<DELETED>    For an additional amount for ``Research, Development, Test 
and Evaluation, Navy'', $60,119,000, 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.</DELETED>

       <DELETED>Research, Development, Test and Evaluation, Air 
                            Force</DELETED>

<DELETED>    For an additional amount for ``Research, Development, 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 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.</DELETED>

     <DELETED>Research, Development, Test and Evaluation, Defense-
                             Wide</DELETED>

<DELETED>    For an additional amount for ``Research, Development, 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.</DELETED>

           <DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>

            <DELETED>Defense Working Capital Funds</DELETED>

<DELETED>    For an additional amount for ``Defense Working Capital 
Funds'', $293,600,000:  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.</DELETED>

        <DELETED>OTHER DEPARTMENT OF DEFENSE PROGRAMS</DELETED>

               <DELETED>Defense Health Program</DELETED>

<DELETED>    For an additional amount for ``Defense Health Program'', 
$993,898,000 (increased by $10,000,000), 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.</DELETED>

        <DELETED>Drug Interdiction and Counter-Drug Activities, 
                           Defense</DELETED>

<DELETED>    For an additional amount for ``Drug Interdiction and 
Counter-Drug Activities, Defense'', $469,025,000, 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.</DELETED>

    <DELETED>Joint Improvised Explosive Device Defeat Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For an additional amount for the ``Joint Improvised 
Explosive Device Defeat Fund'', $1,614,900,000, to remain 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 purpose of allowing the Director of the Joint Improvised 
Explosive Device Defeat Organization to investigate, develop and 
provide equipment, supplies, services, training, facilities, personnel 
and funds to assist United States forces in the defeat of improvised 
explosive devices:  Provided further, That the Secretary of Defense may 
transfer funds provided herein to appropriations for military 
personnel; operation and maintenance; procurement; research, 
development, 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.</DELETED>

           <DELETED>Office of the Inspector General</DELETED>

<DELETED>    For an additional amount for the ``Office of the Inspector 
General'', $10,766,000:  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.</DELETED>

           <DELETED>GENERAL PROVISIONS--THIS TITLE</DELETED>

<DELETED>    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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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 Office 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:  
Provided, That the Secretary shall notify the Congress promptly of each 
transfer made pursuant to the authority in this section:  Provided 
further, That the authority provided 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.</DELETED>
<DELETED>    Sec. 9003.  Supervision and administration costs 
associated with a construction project funded with appropriations 
available for operation and maintenance, ``Afghanistan Infrastructure 
Fund'', or the ``Afghanistan Security Forces Fund'' provided in this 
Act and executed in direct support of overseas contingency operations 
in Afghanistan, 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.</DELETED>
<DELETED>    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) passenger 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 passenger carrying 
vehicles.</DELETED>
<DELETED>    Sec. 9005.  Not to exceed $250,000,000 of the amount 
appropriated in this title under the heading ``Operation and 
Maintenance, Army'' may be used, notwithstanding any other provision of 
law, to fund the Commander'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 responsibility:  Provided, That each 
project (including any ancillary or related elements in connection with 
such project) executed 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 report 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 herein:  
Provided further, That, not later than 30 days after the end of each 
month, the Army shall submit to the congressional defense committees 
monthly commitment, obligation, and expenditure data for the 
Commander's Emergency Response Program in Afghanistan:  Provided 
further, 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 described 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:</DELETED>
        <DELETED>    (1) The location, nature and purpose of the 
        proposed project, including how the project is intended to 
        advance the military campaign plan for the country in which it 
        is to be carried out.</DELETED>
        <DELETED>    (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 completion of the 
        project.</DELETED>
        <DELETED>    (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 contributor to finance the 
        sustainment of the activities and maintenance of any equipment 
        or facilities to be provided through the proposed 
        project.</DELETED>
<DELETED>    Sec. 9006.  Funds available to the Department of Defense 
for operation and maintenance may be used, notwithstanding any other 
provision of law, to provide supplies, 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 reports to the congressional defense committees regarding 
support provided under this section.</DELETED>
<DELETED>    Sec. 9007.  None of the funds appropriated or otherwise 
made available by this or any other Act shall be obligated or expended 
by the United States Government for a purpose as follows:</DELETED>
        <DELETED>    (1) To establish any military installation or base 
        for the purpose of providing for the permanent stationing of 
        United States Armed Forces in Iraq.</DELETED>
        <DELETED>    (2) To exercise United States control over any oil 
        resource of Iraq.</DELETED>
        <DELETED>    (3) To establish any military installation or base 
        for the purpose of providing for the permanent stationing of 
        United States Armed Forces in Afghanistan.</DELETED>
<DELETED>    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):</DELETED>
        <DELETED>    (1) Section 2340A of title 18, United States 
        Code.</DELETED>
        <DELETED>    (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 Federal Regulations, and part 95 of title 22, 
        Code of Federal Regulations.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    Sec. 9009.  None of the funds provided for the 
``Afghanistan Security Forces Fund'' (ASFF) may be obligated 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 congressional defense committees that the 
AROC has convened and approved a process for ensuring compliance with 
the requirements in the preceding provisos and accompanying report 
language for the ASFF, AIF, and CERP.</DELETED>
<DELETED>    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 determination by the Secretary of 
Defense that such action is necessary to meet the operational 
requirements of a Commander of a Combatant Command engaged in 
contingency operations overseas, such funds may be used to purchase 
items having an investment item unit cost of not more than 
$500,000.</DELETED>
<DELETED>    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 Afghanistan 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.</DELETED>
<DELETED>    Sec. 9012.  From funds made available to the Department of 
Defense in this title under the heading ``Operation 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 
Government transition activities in Iraq by funding the operations and 
activities of the Office of Security Cooperation in Iraq and security 
assistance teams, including life support, transportation and personal 
security, and facilities renovation and construction:  Provided, That 
not less than 15 days before making funds available pursuant to the 
authority 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.</DELETED>

               <DELETED>(availability of funds)</DELETED>

<DELETED>    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.</DELETED>

                    <DELETED>(rescissions)</DELETED>

<DELETED>    Sec. 9014.  Of the funds appropriated in Department of 
Defense Appropriations Acts, the following funds are hereby rescinded 
from the following accounts and programs in the specified amounts:  
Provided, That such amounts are 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:</DELETED>
        <DELETED>    ``Retroactive Stop Loss Special Pay Program, 2009/
        20XX'', $79,900,000; and</DELETED>
        <DELETED>    ``Afghanistan Security Forces Fund, 2012/20XX'', 
        $500,000,000.</DELETED>
<DELETED>    Sec. 9015.  None of the funds appropriated or otherwise 
made available by this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' for payments under section 1233 of Public 
Law 110-181 for reimbursement to the Government of Pakistan may be made 
available unless the Secretary of Defense, in coordination with the 
Secretary of State certifies to the Committees on Appropriations that 
the Government of Pakistan is--</DELETED>
        <DELETED>    (1) cooperating with the United States in 
        counterterrorism efforts against the Haqqani Network, 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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) dismantling improvised explosive device (IED) 
        networks and interdicting precursor chemicals used in the 
        manufacture of IEDs;</DELETED>
        <DELETED>    (4) preventing the proliferation of nuclear-
        related material and expertise;</DELETED>
        <DELETED>    (5) issuing visas in a timely manner for United 
        States visitors engaged in counterterrorism efforts and 
        assistance programs in Pakistan; and</DELETED>
        <DELETED>    (6) providing humanitarian organizations access to 
        detainees, internally displaced persons, and other Pakistani 
        civilians affected by the conflict.</DELETED>

                       <DELETED>TITLE X</DELETED>

            <DELETED>ADDITIONAL GENERAL PROVISIONS</DELETED>

             <DELETED>spending reduction account</DELETED>

<DELETED>    Sec. 10001. The amount by which the applicable allocation 
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).</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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).</DELETED>
<DELETED>    Sec. 10004.  None of the funds made available by this Act 
may be used to propose, plan for, or execute an additional Base 
Realignment and Closure (BRAC) round.</DELETED>
<DELETED>    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 reimburse key cooperating nations for 
logistical, military and other support by $650,000,000, 
respectively.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 10007.  None of the funds made available by this Act 
may be may be obligated or expended for assistance to the following 
entities:</DELETED>
        <DELETED>    (1) The Government of Iran.</DELETED>
        <DELETED>    (2) The Government of Syria.</DELETED>
        <DELETED>    (3) Hamas.</DELETED>
        <DELETED>    (4) Hizbullah.</DELETED>
        <DELETED>    (5) The Muslim Brotherhood.</DELETED>
<DELETED>    Sec. 10008.  None of the funds made available by this Act 
may be used by the Department of Defense or a component 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 Department or component thereof.</DELETED>
<DELETED>    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).</DELETED>
<DELETED>    Sec. 10010.  None of the Operation and Maintenance funds 
made available in this Act may be used in contravention of section 
41106 of title 49, United States Code.</DELETED>
<DELETED>    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 
Memorandum-Federal Fleet Performance, dated May 24, 2011.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 10015.  None of the funds made available by this Act 
may be used to--</DELETED>
        <DELETED>    (1) reduce the nuclear forces of the United States 
        in contravention of section 303(b) of the Arms Control and 
        Disarmament Act (22 U.S.C. 2573(b)); or</DELETED>
        <DELETED>    (2) implement the Nuclear Posture Review 
        Implementation Study or modify the Secretary of Defense 
        Guidance for Employment of Force, Annex B, or the Joint 
        Strategic Capabilities Plan, Annex N.</DELETED>
<DELETED>    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:</DELETED>
        <DELETED>    (1) Heavy bomber aircraft.</DELETED>
        <DELETED>    (2) Air-launched cruise missiles.</DELETED>
        <DELETED>    (3) Nuclear-powered ballistic missile 
        submarines.</DELETED>
        <DELETED>    (4) Submarine-launched ballistic 
        missiles.</DELETED>
        <DELETED>    (5) Intercontinental ballistic missiles.</DELETED>
<DELETED>    Sec. 10017. (a) Appropriations made in this Act are hereby 
reduced in the amount of $1,072,581,000.</DELETED>
<DELETED>    (b) The reduction in subsection (a) shall not apply to 
amounts made available for--</DELETED>
        <DELETED>    (1) accounts in title I;</DELETED>
        <DELETED>    (2) ``Other Department of Defense Programs--
        Defense Health Program''; and</DELETED>
        <DELETED>    (3) accounts in title IX.</DELETED>
<DELETED>    Sec. 10018.  The amounts otherwise provided in title IX of 
this Act are revised by reducing the amount made available for 
``Military Personnel, Army'', by increasing such amount, by reducing 
the amount made available for ``Military Personnel, Marine Corps'', and 
by increasing such amount, by 
$4,359,624,000,$4,359,624,000,$1,197,682,000, and $1,197,682,000, 
respectively.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    This Act may be cited as the ``Department of Defense 
Appropriations Act, 2013''.</DELETED>
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of Defense for 
the fiscal year ending September 30, 2013, and for other purposes, 
namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty, (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $40,157,392,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $26,989,384,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $12,529,469,000.

                     Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of 
the Reserve Officers' Training Corps; and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, $28,053,829,000.

                        Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $4,341,823,000.

                        Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and expenses authorized by 
section 16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $1,875,598,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$659,621,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $1,728,505,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 10211, 10302, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$8,005,077,000.

                  National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$3,161,765,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $12,478,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes, $33,804,145,000.

                    Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $14,804,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$40,479,556,000.

                Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$5,894,963,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,699,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes, $34,983,793,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$31,331,839,000:  Provided, That not more than $30,000,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code:  Provided further, That not to 
exceed $36,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of Defense, and payments may be made on his certificate of necessity 
for confidential military purposes:  Provided further, That of the 
funds provided under this heading, not less than $36,480,000 shall be 
made available for the Procurement Technical Assistance Cooperative 
Agreement Program, of which not less than $3,600,000 shall be available 
for centers defined in 10 U.S.C. 2411(1)(D):  Provided further, That 
none of the funds appropriated or otherwise made available by this Act 
may be used to plan or implement the consolidation of a budget or 
appropriations liaison office of the Office of the Secretary of 
Defense, the office of the Secretary of a military department, or the 
service headquarters of one of the Armed Forces into a legislative 
affairs or legislative liaison office:  Provided further, That 
$8,563,000, to remain available until expended, is available only for 
expenses relating to certain classified activities, and may be 
transferred as necessary by the Secretary of Defense to operation and 
maintenance appropriations or research, development, test and 
evaluation appropriations, to be merged with and to be available for 
the same time period as the appropriations to which transferred:  
Provided further, That any ceiling on the investment item unit cost of 
items that may be purchased with operation and maintenance funds shall 
not apply to the funds described in the preceding proviso:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this 
Act.

                Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,140,508,000.

                Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,246,982,000.

            Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $272,285,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,227,382,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized 
by law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $7,075,042,000.

             Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department 
of Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $6,493,155,000.

          United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $13,516,000, of which not to exceed 
$5,000 may be used for official representation purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

    For the Department of the Army, $335,921,000, to remain available 
until transferred:  Provided, That the Secretary of the Army shall, 
upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris of the Department of the Army, or for 
similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of the Army, to be merged with and to be available for the same 
purposes and for the same time period as the appropriations to which 
transferred:  Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be transferred back 
to this appropriation:  Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority provided elsewhere in this Act.

                    Environmental Restoration, Navy

                     (including transfer of funds)

    For the Department of the Navy, $310,594,000, to remain available 
until transferred:  Provided, That the Secretary of the Navy shall, 
upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris of the Department of the Navy, or for 
similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of the Navy, to be merged with and to be available for the same 
purposes and for the same time period as the appropriations to which 
transferred:  Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be transferred back 
to this appropriation:  Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

    For the Department of the Air Force, $529,263,000, to remain 
available until transferred:  Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred:  Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

    For the Department of Defense, $11,133,000, to remain available 
until transferred:  Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred:  Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation:  Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

    For the Department of the Army, $287,543,000, to remain available 
until transferred:  Provided, That the Secretary of the Army shall, 
upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris at sites formerly used by the Department of 
Defense, transfer the funds made available by this appropriation to 
other appropriations made available to the Department of the Army, to 
be merged with and to be available for the same purposes and for the 
same time period as the appropriations to which transferred:  Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation:  Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of 
title 10, United States Code), $108,759,000, to remain available until 
September 30, 2014.

                  Cooperative Threat Reduction Account

    For assistance to the republics of the former Soviet Union and, 
with appropriate authorization by the Department of Defense and 
Department of State, to countries outside of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons components, 
and weapon-related technology and expertise; for programs relating to 
the training and support of defense and military personnel for 
demilitarization and protection of weapons, weapons components and 
weapons technology and expertise, and for defense and military 
contacts, $519,111,000, to remain available until September 30, 2015.

      Department of Defense Acquisition Workforce Development Fund

    For the Department of Defense Acquisition Workforce Development 
Fund, $720,000,000.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $5,414,061,000, to remain available for obligation until 
September 30, 2015.

                       Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,429,665,000, to remain available for obligation until 
September 30, 2015.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$1,687,823,000, to remain available for obligation until September 30, 
2015.

                    Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $1,624,380,000, to remain available for 
obligation until September 30, 2015.

                        Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$4,980,209,000, to remain available for obligation until September 30, 
2015.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $16,936,358,000, to remain available for obligation 
until September 30, 2015.

                       Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $3,066,919,000, to remain available 
for obligation until September 30, 2015.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $719,154,000, to remain available for 
obligation until September 30, 2015.

                   Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procurement of 
critical, long lead time components and designs for vessels to be 
constructed or converted in the future; and expansion of public and 
private plants, including land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title, as follows:
            Carrier Replacement Program, $564,371,000;
            Virginia Class Submarine, $3,217,601,000;
            Virginia Class Submarine (AP), $1,652,557,000;
            CVN Refueling Overhaul, $1,613,392,000;
            CVN Refueling Overhauls (AP), $70,010,000;
            DDG-1000 Program, $669,222,000;
            DDG-51 Destroyer, $4,048,658,000;
            DDG-51 Destroyer (AP), $466,283,000;
            Littoral Combat Ship, $1,784,959,000;
            LPD-17 (AP), $263,255,000;
            Joint High Speed Vessel, $189,196,000;
            Moored Training Ship, $307,300,000;
            LCAC Service Life Extension Program, $85,830,000; and
            For outfitting, post delivery, conversions, and first 
        destination transportation, $309,648,000.
            Completion of Prior Year Shipbuilding Programs, 
        $372,573,000.
    In all: $15,614,855,000, to remain available for obligation until 
September 30, 2017:  Provided, That additional obligations may be 
incurred after September 30, 2017, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction:  Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel:  Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards.

                        Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except 
ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of passenger motor vehicles for replacement 
only; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway, $6,170,286,000, to 
remain available for obligation until September 30, 2015.

                       Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, 
and accessories therefor; plant equipment, appliances, and machine 
tools, and installation thereof in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title, $1,334,448,000, to remain available for obligation 
until September 30, 2015.

                    Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $11,260,646,000, to remain available for 
obligation until September 30, 2015.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes including rents and transportation of things, 
$4,913,276,000, to remain available for obligation until September 30, 
2015.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $593,194,000, to remain available for 
obligation until September 30, 2015.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only; lease of passenger motor vehicles; and 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon, prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway, $17,008,348,000, to remain 
available for obligation until September 30, 2015.

                       Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of passenger motor vehicles for replacement only; expansion of 
public and private plants, equipment, and installation thereof in such 
plants, erection of structures, and acquisition of land for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $4,692,685,000, to remain available for obligation until 
September 30, 2015.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $189,189,000, to remain available 
until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$8,427,588,000, to remain available for obligation until September 30, 
2014.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$16,646,307,000, to remain available for obligation until September 30, 
2014:  Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique operational 
requirements of the Special Operations Forces:  Provided further, That 
funds appropriated in this paragraph shall be available for the Cobra 
Judy program.

         Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$25,374,286,000, to remain available for obligation until September 30, 
2014.

        Research, Development, Test and Evaluation, Defense-Wide

                     (including transfer of funds)

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic and 
applied scientific research, development, test and evaluation; advanced 
research projects as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $18,419,129,000, to remain 
available for obligation until September 30, 2014:  Provided, That of 
the funds made available in this paragraph, $200,000,000 for the 
Defense Rapid Innovation Program shall only be available for expenses, 
not otherwise provided for, to include program management and 
oversight, to conduct research, development, test and evaluation to 
include proof of concept demonstration; engineering, testing, and 
validation; and transition to full-scale production:  Provided further, 
That the Secretary of Defense may transfer funds provided herein for 
the Defense Rapid Innovation Program to appropriations for research, 
development, test and evaluation to accomplish the purpose provided 
herein:  Provided further, That this transfer authority is in addition 
to any other transfer authority available to the Department of Defense: 
 Provided further, That the Secretary of Defense shall, not fewer than 
30 days prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and 
Evaluation, in the direction and supervision of operational test and 
evaluation, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith, $223,768,000, to remain available for obligation 
until September 30, 2014.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For the Defense Working Capital Funds, $1,516,184,000.

                     National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $697,840,000, to remain available until 
expended:  Provided, That none of the funds provided in this paragraph 
shall be used to award a new contract that provides for the acquisition 
of any of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including 
pumps, for all shipboard services; propulsion system components 
(engines, reduction gears, and propellers); shipboard cranes; and 
spreaders for shipboard cranes:  Provided further, That the exercise of 
an option in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award of a new 
contract:  Provided further, That the Secretary of the military 
department responsible for such procurement may waive the restrictions 
in the first proviso on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense as authorized by law, 
$32,240,788,000; of which $30,707,349,000 shall be for operation and 
maintenance, of which not to exceed 1 percent shall remain available 
until September 30, 2014, and of which up to $15,954,952,000 may be 
available for contracts entered into under the TRICARE program; of 
which $506,462,000, to remain available for obligation until September 
30, 2015, shall be for procurement; and of which $1,026,977,000, to 
remain available for obligation until September 30, 2014, shall be for 
research, development, test and evaluation.

           Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $1,301,786,000, of which $635,843,000 shall 
be for operation and maintenance, of which no less than $53,948,000 
shall be for the Chemical Stockpile Emergency Preparedness Program, 
consisting of $22,214,000 for activities on military installations and 
$31,734,000, to remain available until September 30, 2014, to assist 
State and local governments; $18,592,000 shall be for procurement, to 
remain available until September 30, 2015, of which $1,823,000 shall be 
for the Chemical Stockpile Emergency Preparedness Program to assist 
State and local governments; and $647,351,000, to remain available 
until September 30, 2014, shall be for research, development, test and 
evaluation, of which $627,705,000 shall only be for the Assembled 
Chemical Weapons Alternatives (ACWA) program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
operation and maintenance; for procurement; and for research, 
development, test and evaluation, $1,138,263,000:  Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which transferred:  Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority contained elsewhere in this Act.

                    Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $332,921,000, of which $331,921,000 shall be for operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; of which $1,000,000, to remain available until September 30, 
2015, shall be for procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $514,000,000.

               Intelligence Community Management Account

    For necessary expenses of the Intelligence Community Management 
Account, $542,346,000.

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001.  No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes not authorized by 
the Congress.
    Sec. 8002.  During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense:  Provided, That salary increases granted 
to direct and indirect hire foreign national employees of the 
Department of Defense funded by this Act shall not be at a rate in 
excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher:  Provided further, 
That this section shall not apply to Department of Defense foreign 
service national employees serving at United States diplomatic missions 
whose pay is set by the Department of State under the Foreign Service 
Act of 1980:  Provided further, That the limitations of this provision 
shall not apply to foreign national employees of the Department of 
Defense in the Republic of Turkey.
    Sec. 8003.  No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year, 
unless expressly so provided herein.
    Sec. 8004.  No more than 20 percent of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last 2 months of the fiscal year:  
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training 
of the Reserve Officers' Training Corps.

                          (transfer of funds)

    Sec. 8005.  Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, he may, with the 
approval of the Office of Management and Budget, transfer not to exceed 
$5,000,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred:  Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by the Congress:  Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act:  Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress:  
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made prior to June 
30, 2013:  Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section.
    Sec. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments to 
budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled ``Committee Recommended 
Adjustments'' in the explanatory statement regarding this Act, the 
obligation and expenditure of amounts appropriated or otherwise made 
available in this Act for those programs, projects, and activities for 
which the amounts appropriated exceed the amounts requested are hereby 
required by law to be carried out in the manner provided by such tables 
to the same extent as if the tables were included in the text of this 
Act.
    (b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
for purposes of section 8005 of this Act:  Provided, That section 8005 
shall apply when transfers of the amounts described in subsection (a) 
occur between appropriation accounts.
    Sec. 8007. (a) Not later than 60 days after enactment of this Act, 
the Department of Defense shall submit a report to the congressional 
defense committees to establish the 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 separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation both 
        by budget activity and program, project, and activity as 
        detailed in the Budget Appendix; and
            (3) an identification of items of special congressional 
        interest.
    (b) Notwithstanding section 8005 of this Act, none of the funds 
provided in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency requirement.

                          (transfer of funds)

    Sec. 8008.  During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established pursuant 
to section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disbursements 
to be made from such funds:  Provided, That transfers may be made 
between such funds:  Provided further, That transfers may be made 
between working capital funds and the ``Foreign Currency Fluctuations, 
Defense'' appropriation and the ``Operation and Maintenance'' 
appropriation accounts in such amounts as may be determined by the 
Secretary of Defense, with the approval of the Office of Management and 
Budget, except that such transfers may not be made unless the Secretary 
of Defense has notified the Congress of the proposed transfer. Except 
in amounts equal to the amounts appropriated to working capital funds 
in this Act, no obligations may be made against a working capital fund 
to procure or increase the value of war reserve material inventory, 
unless the Secretary of Defense has notified the Congress prior to any 
such obligation.
    Sec. 8009.  Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense committees.
    Sec. 8010. (a) None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one year of 
the contract or that includes an unfunded contingent liability in 
excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any one year, unless the 
congressional defense committees have been notified at least 30 days in 
advance of the proposed contract award:  Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability:  Provided further, That no part of any appropriation 
contained in this Act shall be available to initiate multiyear 
procurement contracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act:  Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to the 
congressional defense committees:  Provided further, That the execution 
of multiyear authority shall require the use of a present value 
analysis to determine lowest cost compared to an annual procurement:  
Provided further, That none of the funds provided in this Act may be 
used for a multiyear contract executed after the date of the enactment 
of this Act unless in the case of any such contract--
            (1) the Secretary of Defense has submitted to Congress a 
        budget request for full funding of units to be procured through 
        the contract and, in the case of a contract for procurement of 
        aircraft, that includes, for any aircraft unit to be procured 
        through the contract for which procurement funds are requested 
        in that budget request for production beyond advance 
        procurement activities in the fiscal year covered by the 
        budget, full funding of procurement of such unit in that fiscal 
        year;
            (2) cancellation provisions in the contract do not include 
        consideration of recurring manufacturing costs of the 
        contractor associated with the production of unfunded units to 
        be delivered under the contract;
            (3) the contract provides that payments to the contractor 
        under the contract shall not be made in advance of incurred 
        costs on funded units; and
            (4) the contract does not provide for a price adjustment 
        based on a failure to award a follow-on contract.
     Funds appropriated in title III of this Act may be used for a 
multiyear procurement contract as follows:
     F/A-18E, F/A-18F, and EA-18G aircraft; up to 10 DDG-51 Arleigh 
Burke class Flight IIA guided missile destroyers, as well as the AEGIS 
Weapon Systems, MK 41 Vertical Launching Systems, and Commercial 
Broadband Satellite Systems associated with those vessels; SSN-774 
Virginia class submarine and government-furnished equipment; CH-47 
Chinook helicopter; and V-22 Osprey aircraft variants.
     (b) The Secretary of Defense may employ incremental funding for 
the procurement of Virginia class submarines and government-furnished 
equipment associated with the Virginia class submarines to be procured 
during fiscal years 2013 through 2018 if the Secretary of Defense:
            (1) determines that such an approach will permit the Navy 
        to procure an additional Virginia class submarine in fiscal 
        year 2014; and
            (2) intends to use the funding for that purpose.
    Sec. 8011.  Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. Such funds may also be obligated for humanitarian and civic 
assistance costs incidental to authorized operations and pursuant to 
authority granted in section 401 of chapter 20 of title 10, United 
States Code, and these obligations shall be reported as required by 
section 401(d) of title 10, United States Code:  Provided, That funds 
available for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using Civic Action 
Teams in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact of Free 
Association as authorized by Public Law 99-239:  Provided further, That 
upon a determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at Army 
medical facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable basis, for 
civilian patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.
    Sec. 8012. (a) During fiscal year 2013, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) The fiscal year 2014 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2014 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2014.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8013.  None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8014.  None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment:  Provided, That this section shall 
not apply to those members who have reenlisted with this option prior 
to October 1, 1987:  Provided further, That this section applies only 
to active components of the Army.

                          (transfer of funds)

    Sec. 8015.  Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred 
to any other appropriation contained in this Act solely for the purpose 
of implementing a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as 
amended, under the authority of this provision or any other transfer 
authority contained in this Act.
    Sec. 8016.  None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States:  Provided, That for the purpose of 
this section, the term ``manufactured'' shall include cutting, heat 
treating, quality control, testing of chain and welding (including the 
forging and shot blasting process):  Provided further, That for the 
purpose of this section substantially all of the components of anchor 
and mooring chain shall be considered to be produced or manufactured in 
the United States if the aggregate cost of the components produced or 
manufactured in the United States exceeds the aggregate cost of the 
components produced or manufactured outside the United States:  
Provided further, That when adequate domestic supplies are not 
available to meet Department of Defense requirements on a timely basis, 
the Secretary of the service responsible for the procurement may waive 
this restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations that such an acquisition must be made 
in order to acquire capability for national security purposes.
    Sec. 8017.  None of the funds available to the Department of 
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1 
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or 
M-1911 pistols, or to demilitarize or destroy small arms ammunition or 
ammunition components that are not otherwise prohibited from commercial 
sale under Federal law, unless the small arms ammunition or ammunition 
components are certified by the Secretary of the Army or designee as 
unserviceable or unsafe for further use.
    Sec. 8018.  No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region:  
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the best 
interest of the Government.
    Sec. 8019.  In addition to the funds provided elsewhere in this 
Act, $15,000,000 is appropriated only for incentive payments authorized 
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):  
Provided, That a prime contractor or a subcontractor at any tier that 
makes a subcontract award to any subcontractor or supplier as defined 
in section 1544 of title 25, United States Code, or a small business 
owned and controlled by an individual or individuals defined under 
section 4221(9) of title 25, United States Code, shall be considered a 
contractor for the purposes of being allowed additional compensation 
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 
whenever the prime contract or subcontract amount is over $500,000 and 
involves the expenditure of funds appropriated by an Act making 
Appropriations for the Department of Defense with respect to any fiscal 
year:  Provided further, That notwithstanding section 1906 of title 41, 
United States Code, this section shall be applicable to any Department 
of Defense acquisition of supplies or services, including any contract 
and any subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part, by any subcontractor or 
supplier defined in section 1544 of title 25, United States Code, or a 
small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code.
    Sec. 8020.  Funds appropriated by this Act for the Defense Media 
Activity shall not be used for any national or international political 
or psychological activities.
    Sec. 8021.  During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section:  Provided, That upon 
receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such obligations.
    Sec. 8022. (a) Of the funds made available in this Act, not less 
than $38,634,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $28,404,000 shall be available from ``Operation and 
        Maintenance, Air Force'' to support Civil Air Patrol 
        Corporation operation and maintenance, readiness, counterdrug 
        activities, and drug demand reduction activities involving 
        youth programs;
            (2) $9,298,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $932,000 shall be available from ``Other Procurement, 
        Air Force'' for vehicle procurement.
    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8023. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other nonprofit 
entities.
    (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to any 
defense FFRDC, except when acting in a technical advisory capacity, may 
be compensated for his or her services as a member of such entity, or 
as a paid consultant by more than one FFRDC in a fiscal year:  
Provided, That a member of any such entity referred to previously in 
this subsection shall be allowed travel expenses and per diem as 
authorized under the Federal Joint Travel Regulations, when engaged in 
the performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during fiscal year 2013 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2013, not more than 
5,750 staff years of technical effort (staff years) may be funded for 
defense FFRDCs:  Provided, That of the specific amount referred to 
previously in this subsection, not more than 1,125 staff years may be 
funded for the defense studies and analysis FFRDCs:  Provided further, 
That this subsection shall not apply to staff years funded in the 
National Intelligence Program (NIP) and the Military Intelligence 
Program (MIP).
    (e) The Secretary of Defense shall, with the submission of the 
department's fiscal year 2014 budget request, submit a report 
presenting the specific amounts of staff years of technical effort to 
be allocated for each defense FFRDC during that fiscal year and the 
associated budget estimates.
    Sec. 8024.  None of the funds appropriated or made available in 
this Act shall be used to procure carbon, alloy, or armor steel plate 
for use in any Government-owned facility or property under the control 
of the Department of Defense which were not melted and rolled in the 
United States or Canada:  Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, American Society 
of Testing and Materials (ASTM) or American Iron and Steel Institute 
(AISI) specifications of carbon, alloy or armor steel plate:  Provided 
further, That the Secretary of the military department responsible for 
the procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes:  Provided further, That 
these restrictions shall not apply to contracts which are in being as 
of the date of the enactment of this Act.
    Sec. 8025.  For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives.
    Sec. 8026.  During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms:  
Provided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids:  Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.
    Sec. 8027. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a foreign 
country which is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against certain 
types of products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy American Act with respect to such types of 
products produced in that foreign country.
    (2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the United 
States and a foreign country pursuant to which the Secretary of Defense 
has prospectively waived the Buy American Act for certain products in 
that country.
    (b) The Secretary of Defense shall submit to the Congress a report 
on the amount of Department of Defense purchases from foreign entities 
in fiscal year 2013. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade Agreement Act 
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to 
which the United States is a party.
    (c) For purposes of this section, the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.
    Sec. 8028.  During the current fiscal year, amounts contained in 
the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 2921(c)(1) of the National 
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 
note) shall be available until expended for the payments specified by 
section 2921(c)(2) of that Act.
    Sec. 8029. (a) Notwithstanding any other provision of law, the 
Secretary of the Air Force may convey at no cost to the Air Force, 
without consideration, to Indian tribes located in the States of 
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, 
and Washington relocatable military housing units located at Grand 
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force 
Base, Ellsworth Air Force Base, and Minot Air Force Base that are 
excess to the needs of the Air Force.
    (b) The Secretary of the Air Force shall convey, at no cost to the 
Air Force, military housing units under subsection (a) in accordance 
with the request for such units that are submitted to the Secretary by 
the Operation Walking Shield Program on behalf of Indian tribes located 
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, 
Oregon, Minnesota, and Washington. Any such conveyance shall be subject 
to the condition that the housing units shall be removed within a 
reasonable period of time, as determined by the Secretary.
    (c) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting requests to the Secretary of the Air 
Force under subsection (b).
    (d) In this section, the term ``Indian tribe'' means any recognized 
Indian tribe included on the current list published by the Secretary of 
the Interior under section 104 of the Federally Recognized Indian Tribe 
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8030.  During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment item 
unit cost of not more than $250,000.
    Sec. 8031. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) The fiscal year 2014 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2014 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 2014 procurement appropriation and not in the supply 
management business area or any other area or category of the 
Department of Defense Working Capital Funds.
    Sec. 8032.  None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 2014:  Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior or 
subsequent fiscal year shall remain available until expended:  Provided 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for advanced research and development acquisition, 
for agent operations, and for covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2014.
    Sec. 8033.  Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8034.  Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $12,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8035. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, 
in expending the funds, complies with the Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means 
chapter 83 of title 41, United States Code.
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
    Sec. 8036.  None of the funds appropriated by this Act shall be 
available for a contract for studies, analysis, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the 
procurement determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work;
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant scientific or 
        technological promise, represents the product of original 
        thinking, and was submitted in confidence by one source; or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support:  Provided, That this 
        limitation shall not apply to contracts in an amount of less 
        than $25,000, contracts related to improvements of equipment 
        that is in development or production, or contracts as to which 
        a civilian official of the Department of Defense, who has been 
        confirmed by the Senate, determines that the award of such 
        contract is in the interest of the national defense.
    Sec. 8037. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.
    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, 
if the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to--
            (1) field operating agencies funded within the National 
        Intelligence Program;
            (2) an Army field operating agency established to 
        eliminate, mitigate, or counter the effects of improvised 
        explosive devices, and, as determined by the Secretary of the 
        Army, other similar threats; or
            (3) an Army field operating agency established to improve 
        the effectiveness and efficiencies of biometric activities and 
        to integrate common biometric technologies throughout the 
        Department of Defense.
    Sec. 8038.  None of the funds made available in this Act may be 
used to approve or license the sale of the F-22A advanced tactical 
fighter to any foreign government:  Provided, That the Department of 
Defense may conduct or participate in studies, research, design and 
other activities to define and develop a future export version of the 
F-22A that protects classified and sensitive information, technologies 
and U.S. warfighting capabilities.
    Sec. 8039. (a) None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the 
enactment of this Act, is performed by Department of Defense civilian 
employees unless--
            (1) the conversion is based on the result of a public-
        private competition that includes a most efficient and cost 
        effective organization plan developed by such activity or 
        function;
            (2) the Competitive Sourcing Official determines that, over 
        all performance periods stated in the solicitation of offers 
        for performance of the activity or function, the cost of 
        performance of the activity or function by a contractor would 
        be less costly to the Department of Defense by an amount that 
        equals or exceeds the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that 
                activity or function by Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Department of Defense 
        by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or 
                function under the contract; or
                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute less towards the premium or subscription 
                share than the amount that is paid by the Department of 
                Defense for health benefits for civilian employees 
                under chapter 89 of title 5, United States Code.
    (b)(1) The Department of Defense, without regard to subsection (a) 
of this section or subsection (a), (b), or (c) of section 2461 of title 
10, United States Code, and notwithstanding any administrative 
regulation, requirement, or policy to the contrary shall have full 
authority to enter into a contract for the performance of any 
commercial or industrial type function of the Department of Defense 
that--
            (A) is included on the procurement list established 
        pursuant to section 2 of the Javits-Wagner-O'Day Act (section 
        8503 of title 41, United States Code);
            (B) is planned to be converted to performance by a 
        qualified nonprofit agency for the blind or by a qualified 
        nonprofit agency for other severely handicapped individuals in 
        accordance with that Act; or
            (C) is planned to be converted to performance by a 
        qualified firm under at least 51 percent ownership by an Indian 
        tribe, as defined in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)), 
        or a Native Hawaiian Organization, as defined in section 
        8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
    (2) This section shall not apply to depot contracts or contracts 
for depot maintenance as provided in sections 2469 and 2474 of title 
10, United States Code.
    (c) The conversion of any activity or function of the Department of 
Defense under the authority provided by this section shall be credited 
toward any competitive or outsourcing goal, target, or measurement that 
may be established by statute, regulation, or policy and is deemed to 
be awarded under the authority of, and in compliance with, subsection 
(h) of section 2304 of title 10, United States Code, for the 
competition or outsourcing of commercial activities.

                             (rescissions)

    Sec. 8040.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
            ``Shipbuilding and Conversion, Navy, 2007/2018'': DDG-51 
        Destroyer, $98,400,000;
            ``Shipbuilding and Conversion, Navy, 2007/2018'': DDG-51 
        Destroyer Advance Procurement, $2,500,000;
            ``Shipbuilding and Conversion, Navy, 2007/2018'': CVN 
        Refueling Overhaul, $14,100,000;
            ``Procurement of Ammunition, Army, 2011/2013'', $4,500,000;
            ``Other Procurement, Army, 2011/2013'', $114,848,000;
            ``Aircraft Procurement, Navy, 2011/2013'', $13,760,000;
            ``Shipbuilding and Conversion, Navy, 2011/2015'': DDG-51 
        Destroyer, $215,300,000;
            ``Weapons Procurement, Navy, 2011/2013'', $21,086,000;
            ``Aircraft Procurement, Air Force, 2011/2013'', 
        $93,400,000;
            ``Missile Procurement, Air Force, 2011/2013'', $8,709,000;
            ``Other Procurement, Air Force, 2011/2013'', $9,500,000;
            ``Operation and Maintenance, Defense Wide, 2012/XXXX'', 
        $21,000,000;
            ``Aircraft Procurement, Army, 2012/2014'', $47,400,000;
            ``Other Procurement, Army, 2012/2014'', $99,608,000;
            ``Aircraft Procurement, Navy, 2012/2014'', $4,640,000;
            ``Shipbuilding and Conversion, Navy, 2012/2016'': Littoral 
        Combat Ship, $28,800,000;
            ``Shipbuilding and Conversion, Navy, 2012/2016'': DDG-51 
        Destroyer, $83,000,000;
            ``Weapons Procurement, Navy, 2012/2014'', $25,015,000;
            ``Other Procurement, Navy, 2012/2014'', $4,800,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 2012/
        2014'', $50,703,000;
            ``Procurement, Marine Corps, 2012/2014'', $135,331,000;
            ``Aircraft Procurement, Air Force, 2012/2014'', 
        $581,699,000;
            ``Missile Procurement, Air Force, 2012/2014'', $45,898,000;
            ``Other Procurement, Air Force, 2012/2014'', $55,800,000;
            ``Procurement, Defense Wide, 2012/2014'', $16,000,000;
            ``Research, Development, Test and Evaluation, Army, 2012/
        2013'', $8,000,000;
            ``Research, Development, Test and Evaluation, Navy, 2012/
        2013'', $245,254,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2012/2013'', $56,704,000.
    Sec. 8041.  None of the funds available in this Act may be used to 
reduce the authorized positions for military technicians (dual status) 
of the Army National Guard, Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military 
technicians (dual status), unless such reductions are a direct result 
of a reduction in military force structure.
    Sec. 8042.  None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to 
the Democratic People's Republic of Korea unless specifically 
appropriated for that purpose.
    Sec. 8043.  Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Intelligence Program and the Military Intelligence Program:  Provided, 
That nothing in this section authorizes deviation from established 
Reserve and National Guard personnel and training procedures.
    Sec. 8044.  During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 2003, level:  Provided, That the Service 
Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population is 
declining in some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and capitation-
based budgeting.
    Sec. 8045. (a) None of the funds available to the Department of 
Defense for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence Agency 
for any fiscal year for drug interdiction and counter-drug activities 
may be transferred to any other department or agency of the United 
States except as specifically provided in an appropriations law.
    Sec. 8046.  None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin:  Provided, That 
the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes:  Provided further, That this 
restriction shall not apply to the purchase of ``commercial items'', as 
defined by section 4(12) of the Office of Federal Procurement Policy 
Act, except that the restriction shall apply to ball or roller bearings 
purchased as end items.
    Sec. 8047.  None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, 
unless the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
    Sec. 8048.  None of the funds made available in this or any other 
Act may be used to pay the salary of any officer or employee of the 
Department of Defense who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of 
another Federal agency not financed by this Act without the express 
authorization of Congress:  Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.
    Sec. 8049. (a) Notwithstanding any other provision of law, none of 
the funds available to the Department of Defense for the current fiscal 
year may be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate are notified 15 days in 
advance of such transfer.
    (b) This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) A notice under subsection (a) shall include the following:
            (1) A description of the equipment, supplies, or services 
        to be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how 
                the President proposes to provide funds for such 
                replacement.
    Sec. 8050.  None of the funds available to the Department 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 associated 
        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 
personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense 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 expired 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 obligation 
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 availability 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 obligation is 
        not chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note):  Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge 
        to a current account under the authority of this section shall 
        be reversed and recorded against the expired account:  Provided 
        further, That the total amount charged to a current 
        appropriation under this section 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 permit the use of equipment of 
the National Guard Distance Learning Project by any person or entity on 
a space-available, 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 Distance 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 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 Republic 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 
anthracite as the base load energy for municipal district heat to the 
United States Defense installations:  Provided further, 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 delivery to military forces for 
operational training, operational use or inventory requirements:  
Provided, That this restriction 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 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 country.
    (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 application of a waiver granted under subsection 
        (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, 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 involving 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 subsection (a) if he determines 
that such waiver is required by extraordinary circumstances.
    (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 
training program, and the information relating to human rights 
violations that necessitates the waiver.
    Sec. 8058.  None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts 
may be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official 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, including a 
description of the project, the planned acquisition and transition 
strategy and its estimated annual and total cost, has been provided in 
writing to the congressional 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 enactment of this Act, to the 
House and Senate Appropriations Committees, Subcommittees on Defense on 
certain matters 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 
Department 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 department 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 
authority:  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 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 elements 
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 nomenclature 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 Department 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) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition 
pursuant to a contract with the Department of Defense or the 
manufacture of ammunition for export pursuant to a License for 
Permanent Export of Unclassified Military Articles issued by the 
Department of State.
    Sec. 8064.  Notwithstanding any other provision of law, the Chief 
of the National Guard Bureau, or his designee, may waive payment of all 
or part of the consideration 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 fraternal 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 Columbia, 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 
installation is located:  Provided further, That such local procurement 
requirements for malt beverages and wine shall apply to all alcoholic 
beverages only for military installations 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:  Provided, That notwithstanding any other 
provision of law, the Secretary of Defense is authorized to transfer 
such funds to other activities of the Federal Government:  Provided 
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 operations 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 necessary:  Provided 
further, That projects authorized by this section shall comply with 
applicable Federal, State, and local law to the maximum extent 
consistent with the national security, as determined by the Secretary 
of Defense.
    Sec. 8067.  Section 8106 of the Department of Defense 
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 continue in effect to apply to disbursements that are 
made by the Department of Defense in fiscal year 2013.

                     (including transfer of funds)

    Sec. 8068.  During the current fiscal year, not to exceed 
$200,000,000 from funds available under ``Operation and Maintenance, 
Defense-Wide'' may be transferred to the Department of State ``Global 
Security Contingency Fund'':  Provided, That this transfer authority is 
in addition to any other transfer authority available to the Department 
of Defense:  Provided further, That the Secretary of Defense shall, not 
fewer than 30 days prior to making transfers to the Department of State 
``Global Security Contingency Fund'', notify the congressional defense 
committees in writing with the source of funds and a detailed 
justification, execution plan, and timeline for each proposed project.

                     (including transfer of funds)

    Sec. 8069.  Of the amounts appropriated in this Act under the 
headings ``Procurement, Defense-Wide'' and ``Research, Development, 
Test and Evaluation, Defense-Wide'', $479,736,000 shall be for the 
Israeli Cooperative Programs:  Provided, That of this amount, 
$211,000,000 shall be for the Secretary of Defense to provide to the 
Government of Israel for the procurement of the Iron Dome defense 
system to counter short-range rocket threats, $149,679,000 shall be for 
the Short Range Ballistic Missile Defense (SRBMD) program, including 
cruise missile defense research and development under the SRBMD 
program, of which $39,200,000 shall be for production activities of 
SRBMD missiles in the United States and in Israel to meet Israel's 
defense requirements consistent with each nation's laws, regulations, 
and procedures, $74,692,000 shall be available for an upper-tier 
component to the Israeli Missile Defense Architecture, and $44,365,000 
shall be for the Arrow System Improvement Program including development 
of a long range, ground and airborne, detection suite:  Provided 
further, That funds made available under this provision for production 
of missiles and missile components may be transferred to appropriations 
available for the procurement of weapons and equipment, to be merged 
with and to be available for the same time period and the same purposes 
as the appropriation to which transferred:  Provided further, That the 
transfer authority provided under this provision is in addition to any 
other transfer authority contained in this Act.
    Sec. 8070. (a) None of the funds available to the Department 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.
    (b) None of the funds available to the Department of Defense may be 
obligated to modify command and control relationships to give United 
States Transportation Command operational and administrative control of 
C-130 and KC-135 forces assigned to the Pacific and European Air Force 
Commands.
    (c) The command and control relationships in subsections (a) and 
(b) which existed on March 13, 2011, shall remain in force unless 
changes are specifically authorized in a subsequent Act.
    (d) This subsection does not apply to administrative control of 
Navy Air and Missile Defense Command.

                     (including transfer of funds)

    Sec. 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 Conversion, Navy, 
        2007/2013'': LHA Replacement Program $156,685,000;
            (2) Under the heading ``Shipbuilding and Conversion, Navy, 
        2008/2013'': LPD-17 Amphibious Transport Dock Program 
        $80,888,000; and
            (3) Under the heading ``Shipbuilding and Conversion, Navy, 
        2009/2013'': CVN Refueling Overhauls Program $135,000,000.
    Sec. 8072.  Funds appropriated by this Act, or made available by 
the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes of 
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during 
fiscal year 2013 until the enactment of the Intelligence Authorization 
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 notification to the congressional defense committees.
    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 separate budget justification documents for 
costs of United States Armed Forces' participation in contingency 
operations for the Military Personnel accounts, the Operation and 
Maintenance accounts, and the Procurement accounts:  Provided, That 
these documents shall include a description of the funding requested 
for each contingency operation, for each military service, to include 
all Active and Reserve components, and for each appropriations account: 
 Provided further, That these documents shall include estimated costs 
for each element of expense or object class, a reconciliation of 
increases and decreases for each contingency 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 operations 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, procurement 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, $20,000,000 is hereby 
appropriated to the Department of Defense:  Provided, That upon the 
determination of the Secretary of Defense that it shall serve the 
national interest, he shall make grants in the amount specified as 
follows: $20,000,000 to the United Service Organizations.
    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 Squadron 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 requirements during the non-hurricane 
season.
    Sec. 8078.  None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during the 
conduct of authorized foreign 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 implemented through Executive Order No. 
12333.
    Sec. 8079. (a) At the time members of reserve components of the 
Armed Forces are called or ordered to active duty under section 
12302(a) of title 10, United States Code, each member shall be notified 
in writing of the expected period during which the member will be 
mobilized.
    (b) The Secretary of Defense may waive the requirements 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 appropriation to any available Navy 
ship construction appropriation for the purpose of liquidating 
necessary changes resulting from inflation, market fluctuations, or 
rate adjustments 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 transfer has been reported to the Committees on Appropriations 
of the House of Representatives and the Senate, unless 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 subdivision 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 development, acquisition, or other 
program authority relating to current tactical unmanned aerial vehicles 
(TUAVs) from the Army.
    (b) The Army shall retain responsibility for and operational 
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order 
to support the Secretary of Defense in matters relating to the 
employment of unmanned aerial vehicles.
    Sec. 8083.  Up to $15,000,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' may be made available for 
the Asia Pacific Regional 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 exercising with foreign security 
forces:  Provided, That funds made available for this purpose may be 
used, notwithstanding any other funding authorities for humanitarian 
assistance, security assistance or combined exercise expenses:  
Provided further, That funds may not be obligated to provide assistance 
to any foreign country that is otherwise 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 
``Shipbuilding 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, Procurement Program; 
        P-5, Cost Analysis; P-5a, Procurement History and Planning; P-
        21, Production Schedule; and P-40, Budget Item Justification.
            (2) For research, development, test and evaluation projects 
        requesting more than $5,000,000 in any fiscal year, the R-1, 
        Research, Development, Test and Evaluation Program; R-2, 
        Research, Development, Test and Evaluation Budget Item 
        Justification; R-3, Research, Development, Test and Evaluation 
        Project Cost Analysis; and R-4, Research, Development, Test and 
        Evaluation Program Schedule Profile.

                     (including transfer of funds)

    Sec. 8087.  Notwithstanding any other provision of law, the 
Secretary of the Army may use up to $25,000,000 of funds appropriated 
for Operation and Maintenance, Army in this Act for real property 
maintenance and repair projects and activities at Arlington National 
Cemetery.
    Sec. 8088. (a) Not later than 60 days after enactment of this Act, 
the Director of National Intelligence shall submit a report to the 
congressional intelligence 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 separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation by 
        Expenditure Center and project; and
            (3) an identification of items of special congressional 
        interest.
    (b) None of the funds provided for the National Intelligence 
Program in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional intelligence committees, unless the Director of National 
Intelligence certifies in writing to the congressional intelligence 
committees that such reprogramming or transfer is necessary as an 
emergency requirement.

                     (including transfer of funds)

    Sec. 8089.  Of the funds appropriated in the Intelligence Community 
Management Account for the Program Manager for the Information Sharing 
Environment, $20,000,000 is available for transfer by the Director of 
National Intelligence to other departments and agencies for purposes of 
Government-wide information sharing activities:  Provided, That funds 
transferred under this provision are to be merged with and available 
for the same purposes and time period as the appropriation to which 
transferred:  Provided further, That the Office of Management and 
Budget must approve any transfers made under this provision.
    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 
associated 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 Permanent Select Committee on 
Intelligence of the House of Representatives, the Select Committee on 
Intelligence of the Senate, the Subcommittee on Defense of the 
Committee 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 continue to report 
incremental contingency operations costs for Operation New Dawn and 
Operation Enduring Freedom on a monthly basis in the Cost of War 
Execution Report as prescribed in the Department of Defense Financial 
Management Regulation Department of Defense Instruction 7000.14, Volume 
12, Chapter 23 ``Contingency Operations'', Annex 1, dated September 
2005.

                     (including transfer of funds)

    Sec. 8093.  During the current fiscal year, not to exceed 
$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 ``Operation and Maintenance, Air Force'' may 
be transferred by the military department concerned to its central fund 
established for Fisher Houses and Suites pursuant to section 2493(d) of 
title 10, United States Code.

                     (including transfer of funds)

    Sec. 8094.  Funds appropriated by this Act for operation and 
maintenance may be available for the purpose of making remittances to 
the Defense Acquisition Workforce Development Fund in accordance with 
the requirements 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 agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises 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 arbitration 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 assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention; 
        or
            (2) take any action to enforce any provision of an existing 
        agreement with an employee or independent contractor that 
        mandates that the employee or independent contractor resolve 
        through arbitration 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 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 Federal 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 subsection (a), 
with respect to any employee or independent contractor performing work 
related to such subcontract. For purposes of this subsection, a 
``covered subcontractor'' 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 application 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 personally 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 determination 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 Congress, and simultaneously 
make public, any determination under this subsection not less than 15 
business days before the contract or subcontract addressed in the 
determination may be awarded.
    Sec. 8097.  None of the funds made available under this Act may be 
distributed to the Association of Community Organizations for Reform 
Now (ACORN) or its subsidiaries.

                     (including transfer of funds)

    Sec. 8098.  From within the funds appropriated for operation and 
maintenance for the Defense Health Program in this Act, up to 
$139,204,000, shall be available for transfer to the Joint Department 
of Defense-Department 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 operations of the integrated Captain James A. 
Lovell Federal Health Care Center, consisting of the North Chicago 
Veterans 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 
operation and maintenance for the Defense Health Program to the Joint 
Department of Defense-Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Secretary of 
Defense to the Committees on Appropriations of the House of 
Representatives and the Senate.
    Sec. 8099. (a) In this section the term ``conference'' has the 
meaning given that term under section 300-3.1 of title 41, Code of 
Federal Regulations, or any successor thereto.
    (b) A grant or contract funded by amounts made available under this 
Act may not be used for the purpose of defraying the cost of a 
conference that is not directly and programmatically related to the 
purpose of the program under which the grant or contract was awarded.
    (c)(1) Except as provided in paragraph (3), the Department of 
Defense may not sponsor or host a conference for which the cost to the 
Department is expected to be more than $100,000 using amounts made 
available under this Act, unless the Deputy Secretary of Defense 
approves sponsoring or hosting the conference.
    (2)(A) Except as provided in subparagraph (B) or paragraph (3), the 
Department of Defense may not sponsor or host a conference for which 
the cost to the Department is expected to be more than $500,000 using 
amounts made available under this Act.
            (B) The Deputy Secretary of Defense may waive the 
        prohibition under subparagraph (A) if the Deputy Secretary 
        determines that it is in the interest of national security to 
        spend more than $500,000 on a conference.
    (3) For purposes of a conference sponsored or hosted by the Office 
of the Inspector General of the Department of Defense, the Inspector 
General shall discharge the authorities and responsibilities of the 
Deputy Secretary of Defense under this subsection.
    (d) Not later than October 31, 2013, the Deputy Secretary of 
Defense shall provide a publicly available report of all Department-
sponsored conferences during fiscal year 2013 where the cost to the 
Department is more than $100,000 using amounts made available under 
this Act, which--
            (1) shall include, for each such conference--
                    (A) the cost of the conference to the Department of 
                Defense;
                    (B) the location of the conference;
                    (C) the date of the conference;
                    (D) a brief explanation of how the conference 
                advanced the mission of the Department of Defense;
                    (E) the total number of individuals whose travel 
                expenses or other conference expenses were paid by the 
                Department of Defense; and
                    (F) any waiver made under subsection (c)(2)(B); and
            (2) shall not include any confidential or similarly 
        sensitive information.
    Sec. 8100.  None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay a retired 
general or flag officer to serve as a senior mentor advising the 
Department of Defense unless such retired officer files a Standard Form 
278 (or successor form concerning public financial disclosure under 
part 2634 of title 5, Code of Federal Regulations) to the Office of 
Government Ethics.
    Sec. 8101.  Appropriations available to the Department of Defense 
may be used for the purchase of 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 passenger carrying vehicles.
    Sec. 8102.  Of the amounts appropriated for ``Operation and 
Maintenance, Defense-Wide'', $106,482,000 shall be available to the 
Secretary of Defense, 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 
supplement other Federal funds, to remain available until expended, to 
assist the civilian population of Guam in response to the military 
buildup of Guam, for addressing the need for civilian water and 
wastewater improvements:  Provided, That the Secretary of Defense 
shall, not fewer than 15 days prior to obligating funds for this 
purpose, notify the congressional defense committees in writing of the 
details of any such obligation.

                     (including transfer of funds)

    Sec. 8103.  There is hereby established in the Treasury of the 
United States the ``Ship Modernization, Operations and Sustainment 
Fund''. There is appropriated $2,382,100,000, for the ``Ship 
Modernization, Operations and Sustainment Fund'', to remain available 
until September 30, 2014:  Provided, That the Secretary of the Navy 
shall transfer funds from the ``Ship Modernization, Operations and 
Sustainment Fund'' to appropriations for military personnel; operation 
and maintenance; research, development, test and evaluation; and 
procurement, only for the purposes of manning, operating, sustaining, 
equipping and modernizing the Ticonderoga-class guided missile cruisers 
CG-63, CG-64, CG-65, CG-66, CG-68, CG-69, CG-73, and the Whidbey 
Island-class dock landing ships LSD-41 and LSD-46:  Provided further, 
That funds transferred shall be merged with and be available for the 
same purposes and for the same time period as the appropriation to 
which they are transferred:  Provided further, That the transfer 
authority provided herein shall be in addition to any other transfer 
authority available to the Department of Defense:  Provided further, 
That the Secretary of the Navy shall, not less than 30 days prior to 
making any transfer from the ``Ship Modernization, Operations and 
Sustainment Fund'', notify the congressional defense committees in 
writing of the details of such transfer.

                     (including transfer of funds)

    Sec. 8104.  Of the amounts made available in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'', there is 
appropriated $51,000,000, to be available until expended:  Provided, 
That such funds shall only be available to the Secretary of Defense, 
acting through the Office of Economic Adjustment of the Department of 
Defense, or for transfer to the Secretary of Education, notwithstanding 
any other provision of law, to make grants, conclude cooperative 
agreements, or supplement other Federal funds to construct, renovate, 
repair, or expand elementary and secondary public schools on military 
installations in order to address capacity or facility condition 
deficiencies at such schools:  Provided further, That in making such 
funds available, the Office of Economic Adjustment or the Secretary of 
Education shall give priority consideration to those military 
installations with schools having the most serious capacity or facility 
condition deficiencies as determined by the Secretary of Defense:  
Provided further, That funds may not be made available for a school 
unless its enrollment of Department of Defense-connected children is 
greater than 50 percent.
    Sec. 8105.  None of the funds appropriated or otherwise 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. 8106. (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 origin, 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--
            (A) an order affecting the disposition of the individual 
        that is issued by a court or competent tribunal of the United 
        States having lawful jurisdiction (which the Secretary shall 
        notify Congress of promptly after issuance); or
            (B) a pre-trial agreement entered in a military 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 consultation 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 organization;
                    (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 certification, 
                facing a threat that is likely to substantially affect 
                its ability to exercise control over the individual;
                    (D) has taken or agreed to take effective 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 actions as the 
                Secretary of Defense determines are necessary to ensure 
                that the individual cannot engage or re-engage in any 
                terrorist activity; and
                    (F) has agreed to share with the United States any 
                information that--
                            (i) is related to the individual or any 
                        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 unclassified 
        form, of the capacity, willingness, and past practices (if 
        applicable) of the foreign country or entity in relation to the 
        Secretary's certifications.
    (c)(1) Except as provided in paragraph (2) and 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 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 transferred 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 individual 
        that is issued by a court or competent tribunal of the United 
        States having lawful jurisdiction (which the Secretary shall 
        notify Congress of promptly after issuance); or
            (B) a pre-trial agreement entered in a military commission 
        case prior to the date of the enactment of this Act.
    (d)(1) The Secretary of Defense may waive the applicability to a 
detainee transfer of a certification requirement specified in 
subparagraph (D) or (E) of subsection (b)(1) or the prohibition in 
subsection (c), if the Secretary certifies the rest of the criteria 
required by subsection (b) for transfers prohibited by (c) and, with 
the concurrence of the Secretary of State and in consultation with the 
Director of National Intelligence, determines that--
            (A) alternative actions will be taken to address the 
        underlying purpose of the requirement or requirements to be 
        waived;
            (B) in the case of a waiver of subparagraph (D) or (E) of 
        subsection (b)(1), it is not possible to certify that the risks 
        addressed in the paragraph to be waived have been completely 
        eliminated, but the actions to be taken under subparagraph (A) 
        will substantially mitigate such risks with regard to the 
        individual to be transferred;
            (C) in the case of a waiver of subsection (c), the 
        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 interests of 
        the United States.
    (2) Whenever the Secretary makes a determination under paragraph 
(1), the Secretary shall submit to the appropriate committees of 
Congress, not later than 30 days before the transfer of the individual 
concerned, the following:
            (A) A copy of the determination and the waiver concerned.
            (B) A statement of the basis for the determination, 
        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 Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Appropriations, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Appropriations, and the Permanent Select Committee 
                on Intelligence of the House of Representatives.
            (2) The term ``individual detained at Guantanamo'' means 
        any individual located at United States Naval 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, Cuba.
            (3) The term ``foreign terrorist organization'' means any 
        organization so designated by the Secretary of State under 
        section 219 of the Immigration and Nationality Act (8 U.S.C. 
        1189).
    Sec. 8107. (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 
effective 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. 8108.  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 corporation 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 agreement 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 interests of 
the Government.
    Sec. 8109.  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 corporation 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, 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 
interests of the Government.
    Sec. 8110.  The Secretary of the Air Force shall obligate 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 originally appropriated.
    Sec. 8111.  It is the Sense of the Senate that the next available 
capital warship of the U.S. Navy be named the USS Ted Stevens to 
recognize the public service achievements, military service sacrifice, 
and undaunted heroism and courage of the long-serving United States 
Senator for Alaska.

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$9,790,082,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$869,625,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                    Military Personnel, 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 Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,286,783,000:  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 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, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$39,335,000:  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, 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 Operations/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 Personnel, Army'', 
$583,804,000:  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.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $10,473,000:  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

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$30,578,256,000:  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

    For an additional amount for ``Operation and Maintenance, Navy'', 
$6,968,812,000:  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, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $4,108,340,000:  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, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $9,291,493,000:  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, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $8,274,052,000:  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, including access, 
provided to United States military operations in support of Operation 
Enduring Freedom and post-operation Iraq border security related to the 
activities of the Office of Security Cooperation in Iraq, 
notwithstanding any other provision of law:  Provided further, That 
such reimbursement payments may be made in such amounts as the 
Secretary of Defense, with the concurrence of the Secretary of State, 
and in consultation with the Director of the Office of Management and 
Budget, may determine, in his discretion, based on documentation 
determined by the Secretary of Defense to adequately account for the 
support provided, and such determination is final and conclusive upon 
the accounting officers of the United States, and 15 days following 
notification to the appropriate congressional committees:  Provided 
further, That the requirement under this heading to provide 
notification to the appropriate congressional committees 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 Afghanistan, and 15 
days following notification to the appropriate congressional 
committees:  Provided further, That the Secretary of Defense shall 
provide quarterly reports to the congressional defense committees on 
the use of funds provided in this paragraph:  Provided further, That 
such amount in this section is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism 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 Maintenance, Army 
Reserve'', $154,537,000:  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 Maintenance, Navy 
Reserve'', $55,924,000:  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, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $25,477,000:  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, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $120,618,000:  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, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $382,448,000:  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, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $19,975,000:  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.

                    Afghanistan Infrastructure Fund

                     (including transfer of funds)

    For the ``Afghanistan Infrastructure Fund'', $350,000,000, to 
remain available until September 30, 2014:  Provided, That such sums 
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 infrastructure projects, including, 
but not limited to, water, power, and transportation projects and 
related maintenance 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 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:  Provided 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 counterinsurgency 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 manner as funds not transferred to the 
Secretary of State:  Provided further, That contributions of funds for 
the purposes provided herein to the Secretary of State in accordance 
with section 635(d) of the Foreign Assistance Act from any person, 
foreign government, or international organization may be credited to 
this Fund, to remain available until expended, and used for such 
purposes:  Provided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to making transfers to or from, or obligations 
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, Foreign Relations and Appropriations of the Senate and the 
Committees on Armed Services, Foreign Affairs and Appropriations of the 
House of Representatives:  Provided further, That such amount is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                    Afghanistan Security Forces Fund

    For the ``Afghanistan Security Forces Fund'', $5,149,167,000, to 
remain available until September 30, 2013:  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, 
Combined Security Transition Command--Afghanistan, or the Secretary's 
designee, to provide assistance, with the concurrence of the Secretary 
of State, to the security forces of Afghanistan, including the 
provision of equipment, supplies, services, training, facility and 
infrastructure repair, renovation, and construction, and funding:  
Provided further, 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 contributions of funds for the 
purposes provided herein from any person, foreign government, or 
international organization may be credited to this Fund, to remain 
available until expended, and used for such purposes:  Provided 
further, That the Secretary of Defense shall notify the congressional 
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 details 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 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

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$1,140,294,000, 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.

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$67,951,000, to remain available until September 30, 2015:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons 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 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 Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$326,193,000, 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, Army

    For an additional amount for ``Other Procurement, Army'', 
$2,284,190,000, 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.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$426,436,000, 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 Procurement, Navy'', 
$23,500,000, 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 Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $284,356,000, 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, 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'', 
$865,977,000, 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.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$395,327,000, 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.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$34,350,000, 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 Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, 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'', 
$2,684,470,000, 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, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$362,749,000, 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.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons and other procurement for the reserve 
components of the Armed Forces, $1,000,000,000, to remain available for 
obligation until September 30, 2015:  Provided, That the Chiefs of 
National Guard and Reserve components shall, not later than 30 days 
after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective National Guard or Reserve component:  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.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $42,357,000, 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.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $52,519,000, 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.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, 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 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.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $112,387,000, 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'', 
$1,467,864,000:  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.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$993,898,000, which shall be for operation and maintenance:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

         Drug Interdiction and Counter-Drug Activities, Defense

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $469,025,000, to 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.

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

    For the ``Joint Improvised Explosive Device Defeat Fund'', 
$1,514,114,000, to remain 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 purpose of 
allowing the Director of the Joint Improvised Explosive Device Defeat 
Organization to investigate, develop and provide equipment, supplies, 
services, training, facilities, personnel and funds to assist United 
States forces in the defeat of improvised explosive devices:  Provided 
further, That the Secretary of Defense may transfer funds provided 
herein to appropriations for military personnel; operation and 
maintenance; procurement; research, development, test and evaluation; 
and defense working capital funds to accomplish the purpose provided 
herein:  Provided further, That this transfer authority is in addition 
to any other transfer authority available to the Department of Defense: 
 Provided further, That the Secretary of Defense shall, not fewer than 
15 days prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer:  Provided further, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                    Office of the Inspector General

    For an additional amount for the ``Office of the Inspector 
General'', $10,766,000:  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.

                     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 Office of Management and Budget, transfer up 
to $4,000,000,000 between the appropriations or funds made available to 
the Department of Defense in this title:  Provided, That the Secretary 
shall notify the Congress promptly of each transfer made pursuant to 
the authority in this section:  Provided further, That the authority 
provided 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 associated with a 
construction project funded with appropriations available for operation 
and maintenance, ``Afghanistan Infrastructure Fund'', or the 
``Afghanistan Security Forces Fund'' provided in this Act and executed 
in direct support of overseas contingency operations in Afghanistan, 
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) passenger 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 passenger carrying vehicles.
    Sec. 9005.  Not to exceed $200,000,000 of the amount appropriated 
in this title under the heading ``Operation and Maintenance, Army'' may 
be used, notwithstanding any other provision of law, to fund the 
Commander'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 responsibility:  Provided, That each project (including 
any ancillary or related elements in connection with such project) 
executed 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 report 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 herein:  Provided 
further, That, not later than 30 days after the end of each month, the 
Army shall submit to the congressional defense committees monthly 
commitment, obligation, and expenditure data for the Commander's 
Emergency Response Program in Afghanistan:  Provided further, 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 described 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 intended 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 completion 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 contributor to finance the sustainment of the 
        activities and maintenance of any equipment or facilities to be 
        provided through the proposed project.
    Sec. 9006.  Funds available to the Department of Defense for 
operation and maintenance may be used, notwithstanding any other 
provision of law, to provide supplies, 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 reports to the congressional defense committees regarding 
support provided under this section.
    Sec. 9007.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated 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 Afghanistan.
    Sec. 9008.  None of the funds made available in this Act may be 
used in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at 
New York on December 10, 1984):
            (1) Section 2340A of title 18, United States Code.
            (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 105-277; 
        112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
        prescribed thereto, including regulations under part 208 of 
        title 8, Code of Federal 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 ``Afghanistan 
Security Forces Fund'' (ASFF) may be obligated 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 congressional defense committees that the AROC has convened and 
approved a process for ensuring compliance with the requirements in the 
preceding provisos and accompanying 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 determination by the Secretary of Defense that such action 
is necessary to meet the operational requirements of a Commander of a 
Combatant Command engaged in contingency operations overseas, such 
funds may be used to purchase items having an investment item unit cost 
of not more than $500,000.
    Sec. 9011.  Notwithstanding any other provision of law, up to 
$93,000,000 of funds made available in this title under the heading 
``Operation and Maintenance, Army'' may be obligated and expended for 
purposes of the Task Force for Business and Stability Operations, 
subject to the direction and control of the Secretary of Defense, with 
concurrence of the Secretary of State, to carry out strategic business 
and economic assistance activities in Afghanistan 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 Department of Defense 
in this title under the heading ``Operation 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 
Government transition activities in Iraq by funding the operations and 
activities of the Office of Security Cooperation in Iraq and security 
assistance teams, including life support, transportation and personal 
security, and facilities renovation and construction:  Provided, That 
to the extent authorized under the National Defense Authorization Act 
for Fiscal Year 2013, the operations and activities that may be carried 
out by the Office of Security Cooperation in Iraq may, with the 
concurrence of the Secretary of State, include training and assisting 
Iraqi Ministry of Defense personnel to address gaps in capability of 
such personnel to manage defense-related institutions and integrate 
processes relating to intelligence, air sovereignty, combined arms, 
logistics and maintenance, and counter-terrorism:  Provided further, 
That not later than October 30, 2012, the Secretary of Defense and the 
Secretary of State shall submit to the congressional defense committees 
a plan for transitioning any such training and assisting activities 
that they determine are needed after the end of fiscal year 2013, to 
existing or new contracts for the sale of defense articles or defense 
services consistent with the provisions of the Arms Export Control Act 
(22 U.S.C. 2751 et seq.):  Provided further, That not less than 15 days 
before making funds available pursuant to the authority provided in 
this section, the Secretary shall submit to the congressional defense 
committees a written notice containing a detailed justification and 
timeline for the operations and activities of the Office of Security 
Cooperation Iraq at each site where such operations and activities will 
be conducted during fiscal year 2013.
    Sec. 9013.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:  Provided, 
That such amounts are 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, Army, 2012/2014'', $207,600,000;
            ``Mine Resistant Ambush Protected Vehicle Fund, 2012/
        2013'', $400,000,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2012/2013'', $58,000,000;
            ``Afghanistan Security Forces Fund, 2012/2013'', 
        $1,000,000,000;
            ``Joint Improvised Explosive Device Defeat Fund, 2012/
        2014'', $40,300,000.
    This Act may be cited as the ``Department of Defense Appropriations 
Act, 2013''.
                                                       Calendar No. 485

112th CONGRESS

  2d Session

                               H. R. 5856

                          [Report No. 112-196]

_______________________________________________________________________

                                 AN ACT

Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2013, and for other purposes.

_______________________________________________________________________

                             July 23, 2012

  Received; read twice and referred to the Committee on Appropriations

                             August 2, 2012

                       Reported with an amendment