[Congressional Record Volume 159, Number 29 (Thursday, February 28, 2013)]
[Senate]
[Pages S1036-S1070]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 23. Ms. COLLINS (for herself and Mr. King) submitted an amendment 
intended to be proposed by her to the bill S. 16, to provide for a 
sequester replacement; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

                   DIVISION B--DEPARTMENT OF DEFENSE



       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

[[Page S1037]]

     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 division 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 division.

                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 division.

                    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

[[Page S1038]]

     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 division.

                  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 division.

                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 division.

         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 division.

             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.

[[Page S1039]]

            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

[[Page S1040]]

     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 
     division.

                    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 
     division 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 division 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 
     division 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 division 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 division 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,

[[Page S1041]]

     That the Secretary of Defense shall notify the Congress 
     promptly of all transfers made pursuant to this authority or 
     any other authority in this division:  Provided further, That 
     no part of the funds in this division 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 division, the obligation 
     and expenditure of amounts appropriated or otherwise made 
     available in this division 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 division.
       (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 division: 
      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 division, 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 division, none of 
     the funds provided in this division 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 division, 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 division 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 division 
     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 division 
     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 division 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 division:  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 division may be used for a multiyear 
     contract executed after the date of the enactment of this 
     division 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 division 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 
     division 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 division 
     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

[[Page S1042]]

     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 
     division for the Department of Defense Pilot Mentor-Protege 
     Program may be transferred to any other appropriation 
     contained in this division 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 division.
       Sec. 8016.  None of the funds in this division 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 division 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 division, $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 division 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 
     division, 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 
     division 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 division 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 
     division.
       Sec. 8025.  For the purposes of this division, 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

[[Page S1043]]

     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 division 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 division 
     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 division 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 
     division 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 division, 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 division 
     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 division 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 
     division 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 
     division 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

[[Page S1044]]

     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 division 
     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 division 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 division 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 division 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 division 
     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 division 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 division to the jurisdiction of another 
     Federal agency not financed by this division 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

[[Page S1045]]

     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 division 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 division 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 division 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 division 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 
     division 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 division 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 division.
       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.

[[Page S1046]]

       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 division 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 division 
     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 division 
     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 division 
     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 division.
       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 division 
     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 division, or made 
     available by the transfer of funds in this division, 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 division 
     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 division 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 division, 
     $20,000,000 is hereby appropriated to the Department of 
     Defense:  Provided, That upon the determination of the

[[Page S1047]]

     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 division 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 division:  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 division 
     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 division.
       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 
     division 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 division 
     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 division 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 
     division 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 division 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 division, 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 division 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 division 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 division, 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

[[Page S1048]]

     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 division 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 division 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 
     division 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 division, 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 division 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 division, 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 division.
       (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 division, 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 division 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 division 
     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,

[[Page S1049]]

     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 
     division 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 
     division 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

[[Page S1050]]

     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

[[Page S1051]]

     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

[[Page S1052]]

     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 division 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

[[Page S1053]]

     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 
     division 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 division may be cited as the ``Department of Defense 
     Appropriations Act, 2013''.
                                 ______
                                 
  SA 24. Ms. COLLINS (for herself and Mr. King) submitted an amendment 
intended to be proposed by her to the bill S. 388, to appropriately 
limit sequestration, to eliminate tax loopholes, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                   DIVISION B--DEPARTMENT OF DEFENSE



       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

[[Page S1054]]

     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 division 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 division.

                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

[[Page S1055]]

     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 division.

                    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 division.

                  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 division.

                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 division.

         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 division.

             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

[[Page S1056]]

     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

[[Page S1057]]

     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 
     division.

                    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 
     division 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

[[Page S1058]]

     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 
     division 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 
     division 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 division 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 division 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 division:  Provided 
     further, That no part of the funds in this division 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 division, the obligation 
     and expenditure of amounts appropriated or otherwise made 
     available in this division 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 division.
       (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 division: 
      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 division, 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 division, none of 
     the funds provided in this division 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 division, 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 division 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 division 
     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 division 
     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 division 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 division:  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 division may be used for a multiyear 
     contract executed after the date of the enactment of this 
     division 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 division 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,

[[Page S1059]]

     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 
     division 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 division 
     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 
     division for the Department of Defense Pilot Mentor-Protege 
     Program may be transferred to any other appropriation 
     contained in this division 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 division.
       Sec. 8016.  None of the funds in this division 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 division 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 division, $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 division 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 
     division, 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 
     division 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.

[[Page S1060]]

       Sec. 8024.  None of the funds appropriated or made 
     available in this division 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 
     division.
       Sec. 8025.  For the purposes of this division, 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 division 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 division 
     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 division 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 
     division 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 division, 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 division 
     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:

[[Page S1061]]

      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 division 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 
     division 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 
     division 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 division 
     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 division 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 division 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 division 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 division 
     may be used for the procurement of ball and roller bearings 
     other than those produced by a domestic source and of

[[Page S1062]]

     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 division 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 division to the jurisdiction of another 
     Federal agency not financed by this division 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 division 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 division 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 division 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 division 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 
     division 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

[[Page S1063]]

     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 division 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 division.
       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 division 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 division 
     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 division 
     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 division 
     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 division.
       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 division 
     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

[[Page S1064]]

       (3) Under the heading ``Shipbuilding and Conversion, Navy, 
     2009/2013'': CVN Refueling Overhauls Program $135,000,000.
       Sec. 8072.  Funds appropriated by this division, or made 
     available by the transfer of funds in this division, 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 division 
     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 division 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 division, 
     $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 division 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 division:  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 division 
     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 division.
       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 
     division 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 division 
     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 division 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 
     division 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 division 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

[[Page S1065]]

     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 division, 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 division 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 division 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 division, 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 division 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 division 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 
     division 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 division, 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 division 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 division, 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 division.
       (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 division, 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 division 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

[[Page S1066]]

     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 division 
     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

[[Page S1067]]

       (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 
     division 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 
     division 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.

[[Page S1068]]

                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

[[Page S1069]]

     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 division 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.

[[Page S1070]]

       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 
     division 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 division may be cited as the ``Department of Defense 
     Appropriations Act, 2013''.

                          ____________________