II 

Calendar No. 28 

112TH CONGRESS 

1ST SESSION H. R. 1363 

IN THE SENATE OF THE UNITED STATES 

APRIL 7 (legislative day, APRIL 5), 2011 

Received; read twice and ordered to be placed on the calendar 

AN ACT 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2011, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TABLE OF CONTENTS. 

4 The table of contents for this Act is as follows: 

Division A—Department of Defense Appropriations, 2011 

Division B—Further Continuing Appropriations, 2011 

5 DIVISION A—DEPARTMENT OF DEFENSE 

6 APPROPRIATIONS, 2011 

7 The following sums are appropriated, out of any 

8 money in the Treasury not otherwise appropriated, for the 

9 fiscal year ending September 30, 2011, for military funcVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 tions administered by the Department of Defense and for 

2 other purposes, namely: 

3 TITLE I 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 

10 between permanent duty stations, for members of the 

11 Army on active duty, (except members of reserve compo12 nents provided for elsewhere), cadets, and aviation cadets; 

13 for members of the Reserve Officers’ Training Corps; and 

14 for payments pursuant to section 156 of Public Law 97– 

15 377, as amended (42 U.S.C. 402 note), and to the Depart16 ment of Defense Military Retirement Fund, 

17 $41,042,653,000. 

18 MILITARY PERSONNEL, NAVY

19 For pay, allowances, individual clothing, subsistence, 

20 interest on deposits, gratuities, permanent change of sta21 tion travel (including all expenses thereof for organiza22 tional movements), and expenses of temporary duty travel 

23 between permanent duty stations, for members of the 

24 Navy on active duty (except members of the Reserve pro25 vided for elsewhere), midshipmen, and aviation cadets; for 


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1 members of the Reserve Officers’ Training Corps; and for 

2 payments pursuant to section 156 of Public Law 97–377, 

3 as amended (42 U.S.C. 402 note), and to the Department 

4 of Defense Military Retirement Fund, $25,912,449,000. 

5 MILITARY PERSONNEL, MARINE CORPS

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 

10 between permanent duty stations, for members of the Ma11 rine Corps on active duty (except members of the Reserve 

12 provided for elsewhere); and for payments pursuant to sec13 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

14 402 note), and to the Department of Defense Military Re15 tirement Fund, $13,210,161,000. 

16 MILITARY PERSONNEL, AIR FORCE

17 For pay, allowances, individual clothing, subsistence, 

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 

21 between permanent duty stations, for members of the Air 

22 Force on active duty (except members of reserve compo23 nents provided for elsewhere), cadets, and aviation cadets; 

24 for members of the Reserve Officers’ Training Corps; and 

25 for payments pursuant to section 156 of Public Law 97– 


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1 377, as amended (42 U.S.C. 402 note), and to the Depart2 ment of Defense Military Retirement Fund, 

3 $27,105,755,000. 

4 RESERVE PERSONNEL, ARMY

5 For pay, allowances, clothing, subsistence, gratuities, 

6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 10211, 10302, and 

8 3038 of title 10, United States Code, or while serving on 

9 active duty under section 12301(d) of title 10, United 

10 States Code, in connection with performing duty specified 

11 in section 12310(a) of title 10, United States Code, or 

12 while undergoing reserve training, or while performing 

13 drills or equivalent duty or other duty, and expenses au14 thorized by section 16131 of title 10, United States Code; 

15 and for payments to the Department of Defense Military 

16 Retirement Fund, $4,333,165,000. 

17 RESERVE PERSONNEL, NAVY

18 For pay, allowances, clothing, subsistence, gratuities, 

19 travel, and related expenses for personnel of the Navy Re20 serve on active duty under section 10211 of title 10, 

21 United States Code, or while serving on active duty under 

22 section 12301(d) of title 10, United States Code, in con23 nection with performing duty specified in section 12310(a) 

24 of title 10, United States Code, or while undergoing re25 serve training, or while performing drills or equivalent 


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1 duty, and expenses authorized by section 16131 of title 

2 10, United States Code; and for payments to the Depart3 ment of Defense Military Retirement Fund, 

4 $1,940,191,000. 

5 RESERVE PERSONNEL, MARINE CORPS

6 For pay, allowances, clothing, subsistence, gratuities, 

7 travel, and related expenses for personnel of the Marine 

8 Corps Reserve on active duty under section 10211 of title 

9 10, United States Code, or while serving on active duty 

10 under section 12301(d) of title 10, United States Code, 

11 in connection with performing duty specified in section 

12 12310(a) of title 10, United States Code, or while under13 going reserve training, or while performing drills or equiv14 alent duty, and for members of the Marine Corps platoon 

15 leaders class, and expenses authorized by section 16131 

16 of title 10, United States Code; and for payments to the 

17 Department of Defense Military Retirement Fund, 

18 $612,191,000. 

19 RESERVE PERSONNEL, AIR FORCE

20 For pay, allowances, clothing, subsistence, gratuities, 

21 travel, and related expenses for personnel of the Air Force 

22 Reserve on active duty under sections 10211, 10305, and 

23 8038 of title 10, United States Code, or while serving on 

24 active duty under section 12301(d) of title 10, United 

25 States Code, in connection with performing duty specified 


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1 in section 12310(a) of title 10, United States Code, or 

2 while undergoing reserve training, or while performing 

3 drills or equivalent duty or other duty, and expenses au4 thorized by section 16131 of title 10, United States Code; 

5 and for payments to the Department of Defense Military 

6 Retirement Fund, $1,650,797,000. 

7 NATIONAL GUARD PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under section 10211, 10302, 

11 or 12402 of title 10 or section 708 of title 32, United 

12 States Code, or while serving on duty under section 

13 12301(d) of title 10 or section 502(f) of title 32, United 

14 States Code, in connection with performing duty specified 

15 in section 12310(a) of title 10, United States Code, or 

16 while undergoing training, or while performing drills or 

17 equivalent duty or other duty, and expenses authorized by 

18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement 

20 Fund, $7,511,296,000. 

21 NATIONAL GUARD PERSONNEL, AIR FORCE

22 For pay, allowances, clothing, subsistence, gratuities, 

23 travel, and related expenses for personnel of the Air Na24 tional Guard on duty under section 10211, 10305, or 

25 12402 of title 10 or section 708 of title 32, United States 


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1 Code, or while serving on duty under section 12301(d) of 

2 title 10 or section 502(f) of title 32, United States Code, 

3 in connection with performing duty specified in section 

4 12310(a) of title 10, United States Code, or while under5 going training, or while performing drills or equivalent 

6 duty or other duty, and expenses authorized by section 

7 16131 of title 10, United States Code; and for payments 

8 to the Department of Defense Military Retirement Fund, 

9 $3,060,098,000. 

10 TITLE II 

11 OPERATION AND MAINTENANCE 

12 OPERATION AND MAINTENANCE, ARMY

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Army, as author15 ized by law; and not to exceed $12,478,000 can be used 

16 for emergencies and extraordinary expenses, to be ex17 pended on the approval or authority of the Secretary of 

18 the Army, and payments may be made on his certificate 

19 of necessity for confidential military purposes, 

20 $33,306,117,000. 

21 OPERATION AND MAINTENANCE, NAVY

22 For expenses, not otherwise provided for, necessary 

23 for the operation and maintenance of the Navy and the 

24 Marine Corps, as authorized by law; and not to exceed 

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1 dinary expenses, to be expended on the approval or author2 ity of the Secretary of the Navy, and payments may be 

3 made on his certificate of necessity for confidential mili4 tary purposes, $37,809,239,000. 

5 OPERATION AND MAINTENANCE, MARINE CORPS

6 For expenses, not otherwise provided for, necessary 

7 for the operation and maintenance of the Marine Corps, 

8 as authorized by law, $5,539,740,000. 

9 OPERATION AND MAINTENANCE, AIR FORCE

10 For expenses, not otherwise provided for, necessary 

11 for the operation and maintenance of the Air Force, as 

12 authorized by law; and not to exceed $7,699,000 can be 

13 used for emergencies and extraordinary expenses, to be ex14 pended on the approval or authority of the Secretary of 

15 the Air Force, and payments may be made on his certifi16 cate of necessity for confidential military purposes, 

17 $36,062,989,000. 

18 OPERATION AND MAINTENANCE, DEFENSE-WIDE

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance of activities and agen22 cies of the Department of Defense (other than the military 

23 departments), as authorized by law, $30,210,810,000: 

24 Provided, That not more than $50,000,000 may be used 

25 for the Combatant Commander Initiative Fund authorized 


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1 under section 166a of title 10, United States Code: Pro2 vided further, That not to exceed $36,000,000 can be used 

3 for emergencies and extraordinary expenses, to be ex4 pended on the approval or authority of the Secretary of 

5 Defense, and payments may be made on his certificate of 

6 necessity for confidential military purposes: Provided fur7 ther, That of the funds provided under this heading, not 

8 less than $31,659,000 shall be made available for the Pro9 curement Technical Assistance Cooperative Agreement 

10 Program, of which not less than $3,600,000 shall be avail11 able for centers defined in 10 U.S.C. 2411(1)(D): Pro12 vided further, That none of the funds appropriated or oth13 erwise made available by this Act may be used to plan 

14 or implement the consolidation of a budget or appropria15 tions liaison office of the Office of the Secretary of De16 fense, the office of the Secretary of a military department, 

17 or the service headquarters of one of the Armed Forces 

18 into a legislative affairs or legislative liaison office: Pro19 vided further, That $8,251,000, to remain available until 

20 expended, is available only for expenses relating to certain 

21 classified activities, and may be transferred as necessary 

22 by the Secretary of Defense to operation and maintenance 

23 appropriations or research, development, test and evalua24 tion appropriations, to be merged with and to be available 

25 for the same time period as the appropriations to which 


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1 transferred: Provided further, That any ceiling on the in2 vestment item unit cost of items that may be purchased 

3 with operation and maintenance funds shall not apply to 

4 the funds described in the preceding proviso: Provided fur5 ther, That the transfer authority provided under this head6 ing is in addition to any other transfer authority provided 

7 elsewhere in this Act. 

8 OPERATION AND MAINTENANCE, ARMY RESERVE

9 For expenses, not otherwise provided for, necessary 

10 for the operation and maintenance, including training, or11 ganization, and administration, of the Army Reserve; re12 pair of facilities and equipment; hire of passenger motor 

13 vehicles; travel and transportation; care of the dead; re14 cruiting; procurement of services, supplies, and equip15 ment; and communications, $2,840,427,000. 

16 OPERATION AND MAINTENANCE, NAVY RESERVE

17 For expenses, not otherwise provided for, necessary 

18 for the operation and maintenance, including training, or19 ganization, and administration, of the Navy Reserve; re20 pair of facilities and equipment; hire of passenger motor 

21 vehicles; travel and transportation; care of the dead; re22 cruiting; procurement of services, supplies, and equip23 ment; and communications, $1,344,264,000. 


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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For expenses, not otherwise provided for, necessary 

4 for the operation and maintenance, including training, or5 ganization, and administration, of the Marine Corps Re6 serve; repair of facilities and equipment; hire of passenger 

7 motor vehicles; travel and transportation; care of the dead; 

8 recruiting; procurement of services, supplies, and equip9 ment; and communications, $275,484,000. 

10 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Air Force Reserve; 

14 repair of facilities and equipment; hire of passenger motor 

15 vehicles; travel and transportation; care of the dead; re16 cruiting; procurement of services, supplies, and equip17 ment; and communications, $3,291,027,000. 

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

20 For expenses of training, organizing, and admin21 istering the Army National Guard, including medical and 

22 hospital treatment and related expenses in non-Federal 

23 hospitals; maintenance, operation, and repairs to struc24 tures and facilities; hire of passenger motor vehicles; per25 sonnel services in the National Guard Bureau; travel exVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 penses (other than mileage), as authorized by law for 

2 Army personnel on active duty, for Army National Guard 

3 division, regimental, and battalion commanders while in4 specting units in compliance with National Guard Bureau 

5 regulations when specifically authorized by the Chief, Na6 tional Guard Bureau; supplying and equipping the Army 

7 National Guard as authorized by law; and expenses of re8 pair, modification, maintenance, and issue of supplies and 

9 equipment (including aircraft), $6,454,624,000. 

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For expenses of training, organizing, and admin12 istering the Air National Guard, including medical and 

13 hospital treatment and related expenses in non-Federal 

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; transportation of things, hire of pas16 senger motor vehicles; supplying and equipping the Air 

17 National Guard, as authorized by law; expenses for repair, 

18 modification, maintenance, and issue of supplies and 

19 equipment, including those furnished from stocks under 

20 the control of agencies of the Department of Defense; 

21 travel expenses (other than mileage) on the same basis as 

22 authorized by law for Air National Guard personnel on 

23 active Federal duty, for Air National Guard commanders 

24 while inspecting units in compliance with National Guard 


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1 Bureau regulations when specifically authorized by the 

2 Chief, National Guard Bureau, $5,963,839,000. 

3 UNITED STATES COURT OF APPEALS FOR THE ARMED

4 FORCES

5 For salaries and expenses necessary for the United 

6 States Court of Appeals for the Armed Forces, 

7 $14,068,000, of which not to exceed $5,000 may be used 

8 for official representation purposes. 

9 ENVIRONMENTAL RESTORATION, ARMY

10 (INCLUDING TRANSFER OF FUNDS)

11 For the Department of the Army, $464,581,000, to 

12 remain available until transferred: Provided, That the Sec13 retary of the Army shall, upon determining that such 

14 funds are required for environmental restoration, reduc15 tion and recycling of hazardous waste, removal of unsafe 

16 buildings and debris of the Department of the Army, or 

17 for similar purposes, transfer the funds made available by 

18 this appropriation to other appropriations made available 

19 to the Department of the Army, to be merged with and 

20 to be available for the same purposes and for the same 

21 time period as the appropriations to which transferred: 

22 Provided further, That upon a determination that all or 

23 part of the funds transferred from this appropriation are 

24 not necessary for the purposes provided herein, such 

25 amounts may be transferred back to this appropriation: 


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1 Provided further, That the transfer authority provided 

2 under this heading is in addition to any other transfer au3 thority provided elsewhere in this Act. 

4 ENVIRONMENTAL RESTORATION, NAVY

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Department of the Navy, $304,867,000, to 

7 remain available until transferred: Provided, That the Sec8 retary of the Navy shall, upon determining that such 

9 funds are required for environmental restoration, reduc10 tion and recycling of hazardous waste, removal of unsafe 

11 buildings and debris of the Department of the Navy, or 

12 for similar purposes, transfer the funds made available by 

13 this appropriation to other appropriations made available 

14 to the Department of the Navy, to be merged with and 

15 to be available for the same purposes and for the same 

16 time period as the appropriations to which transferred: 

17 Provided further, That upon a determination that all or 

18 part of the funds transferred from this appropriation are 

19 not necessary for the purposes provided herein, such 

20 amounts may be transferred back to this appropriation: 

21 Provided further, That the transfer authority provided 

22 under this heading is in addition to any other transfer au23 thority provided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Air Force, $502,653,000, 

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of un8 safe buildings and debris of the Department of the Air 

9 Force, or for similar purposes, transfer the funds made 

10 available by this appropriation to other appropriations 

11 made available to the Department of the Air Force, to be 

12 merged with and to be available for the same purposes 

13 and for the same time period as the appropriations to 

14 which transferred: Provided further, That upon a deter15 mination that all or part of the funds transferred from 

16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to 

18 this appropriation: Provided further, That the transfer au19 thority provided under this heading is in addition to any 

20 other transfer authority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of Defense, $10,744,000, to re24 main available until transferred: Provided, That the Sec25 retary of Defense shall, upon determining that such funds 


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1 are required for environmental restoration, reduction and 

2 recycling of hazardous waste, removal of unsafe buildings 

3 and debris of the Department of Defense, or for similar 

4 purposes, transfer the funds made available by this appro5 priation to other appropriations made available to the De6 partment of Defense, to be merged with and to be avail7 able for the same purposes and for the same time period 

8 as the appropriations to which transferred: Provided fur9 ther, That upon a determination that all or part of the 

10 funds transferred from this appropriation are not nec11 essary for the purposes provided herein, such amounts 

12 may be transferred back to this appropriation: Provided 

13 further, That the transfer authority provided under this 

14 heading is in addition to any other transfer authority pro15 vided elsewhere in this Act. 

16 ENVIRONMENTAL RESTORATION, FORMERLY USED

17 DEFENSE SITES

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Department of the Army, $316,546,000, to 

20 remain available until transferred: Provided, That the Sec21 retary of the Army shall, upon determining that such 

22 funds are required for environmental restoration, reduc23 tion and recycling of hazardous waste, removal of unsafe 

24 buildings and debris at sites formerly used by the Depart25 ment of Defense, transfer the funds made available by this 


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1 appropriation to other appropriations made available to 

2 the Department of the Army, to be merged with and to 

3 be available for the same purposes and for the same time 

4 period as the appropriations to which transferred: Pro5 vided further, That upon a determination that all or part 

6 of the funds transferred from this appropriation are not 

7 necessary for the purposes provided herein, such amounts 

8 may be transferred back to this appropriation: Provided 

9 further, That the transfer authority provided under this 

10 heading is in addition to any other transfer authority pro11 vided elsewhere in this Act. 

12 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

13 For expenses relating to the Overseas Humanitarian, 

14 Disaster, and Civic Aid programs of the Department of 

15 Defense (consisting of the programs provided under sec16 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

17 United States Code), $108,032,000, to remain available 

18 until September 30, 2012. 

19 COOPERATIVE THREAT REDUCTION ACCOUNT

20 For assistance to the republics of the former Soviet 

21 Union and, with appropriate authorization by the Depart22 ment of Defense and Department of State, to countries 

23 outside of the former Soviet Union, including assistance 

24 provided by contract or by grants, for facilitating the 

25 elimination and the safe and secure transportation and 


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1 storage of nuclear, chemical and other weapons; for estab2 lishing programs to prevent the proliferation of weapons, 

3 weapons components, and weapon-related technology and 

4 expertise; for programs relating to the training and sup5 port of defense and military personnel for demilitarization 

6 and protection of weapons, weapons components and 

7 weapons technology and expertise, and for defense and 

8 military contacts, $522,512,000, to remain available until 

9 September 30, 2013: Provided, That of the amounts pro10 vided under this heading, not less than $13,500,000 shall 

11 be available only to support the dismantling and disposal 

12 of nuclear submarines, submarine reactor components, 

13 and security enhancements for transport and storage of 

14 nuclear warheads in the Russian Far East and North. 

15 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

16 DEVELOPMENT FUND

17 For the Department of Defense Acquisition Work18 force Development Fund, $217,561,000. 

19 TITLE III 

20 PROCUREMENT 

21 AIRCRAFT PROCUREMENT, ARMY

22 For construction, procurement, production, modifica23 tion, and modernization of aircraft, equipment, including 

24 ordnance, ground handling equipment, spare parts, and 

25 accessories therefor; specialized equipment and training 


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1 devices; expansion of public and private plants, including 

2 the land necessary therefor, for the foregoing purposes, 

3 and such lands and interests therein, may be acquired, 

4 and construction prosecuted thereon prior to approval of 

5 title; and procurement and installation of equipment, ap6 pliances, and machine tools in public and private plants; 

7 reserve plant and Government and contractor-owned 

8 equipment layaway; and other expenses necessary for the 

9 foregoing purposes, $5,254,791,000, to remain available 

10 for obligation until September 30, 2013. 

11 MISSILE PROCUREMENT, ARMY

12 For construction, procurement, production, modifica13 tion, and modernization of missiles, equipment, including 

14 ordnance, ground handling equipment, spare parts, and 

15 accessories therefor; specialized equipment and training 

16 devices; expansion of public and private plants, including 

17 the land necessary therefor, for the foregoing purposes, 

18 and such lands and interests therein, may be acquired, 

19 and construction prosecuted thereon prior to approval of 

20 title; and procurement and installation of equipment, ap21 pliances, and machine tools in public and private plants; 

22 reserve plant and Government and contractor-owned 

23 equipment layaway; and other expenses necessary for the 

24 foregoing purposes, $1,570,108,000, to remain available 

25 for obligation until September 30, 2013. 


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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For construction, procurement, production, and 

4 modification of weapons and tracked combat vehicles, 

5 equipment, including ordnance, spare parts, and acces6 sories therefor; specialized equipment and training devices; 

7 expansion of public and private plants, including the land 

8 necessary therefor, for the foregoing purposes, and such 

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; and 

11 procurement and installation of equipment, appliances, 

12 and machine tools in public and private plants; reserve 

13 plant and Government and contractor-owned equipment 

14 layaway; and other expenses necessary for the foregoing 

15 purposes, $1,461,086,000, to remain available for obliga16 tion until September 30, 2013. 

17 PROCUREMENT OF AMMUNITION, ARMY

18 For construction, procurement, production, and 

19 modification of ammunition, and accessories therefor; spe20 cialized equipment and training devices; expansion of pub21 lic and private plants, including ammunition facilities, au22 thorized by section 2854 of title 10, United States Code, 

23 and the land necessary therefor, for the foregoing pur24 poses, and such lands and interests therein, may be ac25 quired, and construction prosecuted thereon prior to apVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 proval of title; and procurement and installation of equip2 ment, appliances, and machine tools in public and private 

3 plants; reserve plant and Government and contractor4 owned equipment layaway; and other expenses necessary 

5 for the foregoing purposes, $1,847,066,000, to remain 

6 available for obligation until September 30, 2013. 

7 OTHER PROCUREMENT, ARMY

8 (INCLUDING TRANSFER OF FUNDS)

9 For construction, procurement, production, and 

10 modification of vehicles, including tactical, support, and 

11 non-tracked combat vehicles; the purchase of passenger 

12 motor vehicles for replacement only; communications and 

13 electronic equipment; other support equipment; spare 

14 parts, ordnance, and accessories therefor; specialized 

15 equipment and training devices; expansion of public and 

16 private plants, including the land necessary therefor, for 

17 the foregoing purposes, and such lands and interests 

18 therein, may be acquired, and construction prosecuted 

19 thereon prior to approval of title; and procurement and 

20 installation of equipment, appliances, and machine tools 

21 in public and private plants; reserve plant and Govern22 ment and contractor-owned equipment layaway; and other 

23 expenses necessary for the foregoing purposes, 

24 $8,145,665,000, to remain available for obligation until 

25 September 30, 2013: Provided, That of the funds made 


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1 available in this paragraph, $15,000,000 shall be made 

2 available to procure equipment, not otherwise provided for, 

3 and may be transferred to other procurement accounts 

4 available to the Department of the Army, and that funds 

5 so transferred shall be available for the same purposes and 

6 the same time period as the account to which transferred. 

7 AIRCRAFT PROCUREMENT, NAVY

8 For construction, procurement, production, modifica9 tion, and modernization of aircraft, equipment, including 

10 ordnance, spare parts, and accessories therefor; specialized 

11 equipment; expansion of public and private plants, includ12 ing the land necessary therefor, and such lands and inter13 ests therein, may be acquired, and construction prosecuted 

14 thereon prior to approval of title; and procurement and 

15 installation of equipment, appliances, and machine tools 

16 in public and private plants; reserve plant and Govern17 ment and contractor-owned equipment layaway, 

18 $16,170,868,000, to remain available for obligation until 

19 September 30, 2013. 

20 WEAPONS PROCUREMENT, NAVY

21 For construction, procurement, production, modifica22 tion, and modernization of missiles, torpedoes, other weap23 ons, and related support equipment including spare parts, 

24 and accessories therefor; expansion of public and private 

25 plants, including the land necessary therefor, and such 


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1 lands and interests therein, may be acquired, and con2 struction prosecuted thereon prior to approval of title; and 

3 procurement and installation of equipment, appliances, 

4 and machine tools in public and private plants; reserve 

5 plant and Government and contractor-owned equipment 

6 layaway, $3,221,957,000, to remain available for obliga7 tion until September 30, 2013. 

8 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

9 CORPS

10 For construction, procurement, production, and 

11 modification of ammunition, and accessories therefor; spe12 cialized equipment and training devices; expansion of pub13 lic and private plants, including ammunition facilities, au14 thorized by section 2854 of title 10, United States Code, 

15 and the land necessary therefor, for the foregoing pur16 poses, and such lands and interests therein, may be ac17 quired, and construction prosecuted thereon prior to ap18 proval of title; and procurement and installation of equip19 ment, appliances, and machine tools in public and private 

20 plants; reserve plant and Government and contractor21 owned equipment layaway; and other expenses necessary 

22 for the foregoing purposes, $790,527,000, to remain avail23 able for obligation until September 30, 2013. 


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1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 

8 long lead time components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

14 Carrier Replacement Program, $1,721,969,000. 

15 Carrier Replacement Program (AP), 

16 $908,313,000. 

17 NSSN, $3,430,343,000. 

18 NSSN (AP), $1,691,236,000. 

19 CVN Refueling, $1,248,999,000. 

20 CVN Refuelings (AP), $408,037,000. 

21 DDG–1000 Program, $77,512,000. 

22 DDG–51 Destroyer, $2,868,454,000. 

23 DDG–51 Destroyer (AP), $47,984,000. 

24 Littoral Combat Ship, $1,168,984,000. 

25 Littoral Combat Ship (AP), $190,351,000. 


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1 LHA–R, $942,837,000. 

2 Joint High Speed Vessel, $180,703,000. 

3 Oceanographic Ships, $88,561,000. 

4 LCAC Service Life Extension Program, 

5 $83,035,000. 

6 Service Craft, $13,770,000. 

7 For outfitting, post delivery, conversions, and 

8 first destination transportation, $295,570,000. 

9 In all: $15,366,658,000, to remain available for obli10 gation until September 30, 2015: Provided, That addi11 tional obligations may be incurred after September 30, 

12 2015, for engineering services, tests, evaluations, and 

13 other such budgeted work that must be performed in the 

14 final stage of ship construction: Provided further, That 

15 none of the funds provided under this heading for the con16 struction or conversion of any naval vessel to be con17 structed in shipyards in the United States shall be ex18 pended in foreign facilities for the construction of major 

19 components of such vessel: Provided further, That none 

20 of the funds provided under this heading shall be used 

21 for the construction of any naval vessel in foreign ship22 yards. 


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1 OTHER PROCUREMENT, NAVY

2 (INCLUDING TRANSFER OF FUNDS)

3 For procurement, production, and modernization of 

4 support equipment and materials not otherwise provided 

5 for, Navy ordnance (except ordnance for new aircraft, new 

6 ships, and ships authorized for conversion); the purchase 

7 of passenger motor vehicles for replacement only, and the 

8 purchase of seven vehicles required for physical security 

9 of personnel, notwithstanding price limitations applicable 

10 to passenger vehicles but not to exceed $250,000 per vehi11 cle; expansion of public and private plants, including the 

12 land necessary therefor, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

14 thereon prior to approval of title; and procurement and 

15 installation of equipment, appliances, and machine tools 

16 in public and private plants; reserve plant and Govern17 ment and contractor-owned equipment layaway, 

18 $5,804,963,000, to remain available for obligation until 

19 September 30, 2013: Provided, That of the funds made 

20 available in this paragraph, $15,000,000 shall be made 

21 available to procure equipment, not otherwise provided for, 

22 and may be transferred to other procurement accounts 

23 available to the Department of the Navy, and that funds 

24 so transferred shall be available for the same purposes and 

25 the same time period as the account to which transferred. 


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1 PROCUREMENT, MARINE CORPS

2 For expenses necessary for the procurement, manu3 facture, and modification of missiles, armament, military 

4 equipment, spare parts, and accessories therefor; plant 

5 equipment, appliances, and machine tools, and installation 

6 thereof in public and private plants; reserve plant and 

7 Government and contractor-owned equipment layaway; ve8 hicles for the Marine Corps, including the purchase of pas9 senger motor vehicles for replacement only; and expansion 

10 of public and private plants, including land necessary 

11 therefor, and such lands and interests therein, may be ac12 quired, and construction prosecuted thereon prior to ap13 proval of title, $1,236,436,000, to remain available for ob14 ligation until September 30, 2013. 

15 AIRCRAFT PROCUREMENT, AIR FORCE

16 For construction, procurement, and modification of 

17 aircraft and equipment, including armor and armament, 

18 specialized ground handling equipment, and training de19 vices, spare parts, and accessories therefor; specialized 

20 equipment; expansion of public and private plants, Gov21 ernment-owned equipment and installation thereof in such 

22 plants, erection of structures, and acquisition of land, for 

23 the foregoing purposes, and such lands and interests 

24 therein, may be acquired, and construction prosecuted 

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1 ernment and contractor-owned equipment layaway; and 

2 other expenses necessary for the foregoing purposes in3 cluding rents and transportation of things, 

4 $13,483,739,000, to remain available for obligation until 

5 September 30, 2013: Provided, That none of the funds 

6 provided in this Act for modification of C–17 aircraft, 

7 Global Hawk Unmanned Aerial Vehicle and F–22 aircraft 

8 may be obligated until all C–17, Global Hawk and F–22 

9 contracts funded with prior year ‘‘Aircraft Procurement, 

10 Air Force’’ appropriated funds are definitized unless the 

11 Secretary of the Air Force certifies in writing to the con12 gressional defense committees that each such obligation 

13 is necessary to meet the needs of a warfighting require14 ment or prevents increased costs to the taxpayer, and pro15 vides the reasons for failing to definitize the prior year 

16 contracts along with the prospective contract definitization 

17 schedule: Provided further, That the Secretary of the Air 

18 Force shall expand the current HH–60 Operational Loss 

19 Replacement program to meet the approved HH–60 Re20 capitalization program requirements. 

21 MISSILE PROCUREMENT, AIR FORCE

22 For construction, procurement, and modification of 

23 missiles, spacecraft, rockets, and related equipment, in24 cluding spare parts and accessories therefor, ground han25 dling equipment, and training devices; expansion of public 


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1 and private plants, Government-owned equipment and in2 stallation thereof in such plants, erection of structures, 

3 and acquisition of land, for the foregoing purposes, and 

4 such lands and interests therein, may be acquired, and 

5 construction prosecuted thereon prior to approval of title; 

6 reserve plant and Government and contractor-owned 

7 equipment layaway; and other expenses necessary for the 

8 foregoing purposes including rents and transportation of 

9 things, $5,424,764,000, to remain available for obligation 

10 until September 30, 2013. 

11 PROCUREMENT OF AMMUNITION, AIR FORCE

12 For construction, procurement, production, and 

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code, 

17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private 

22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary 

24 for the foregoing purposes, $731,487,000, to remain avail25 able for obligation until September 30, 2013. 


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1 OTHER PROCUREMENT, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For procurement and modification of equipment (in4 cluding ground guidance and electronic control equipment, 

5 and ground electronic and communication equipment), 

6 and supplies, materials, and spare parts therefor, not oth7 erwise provided for; the purchase of passenger motor vehi8 cles for replacement only, and the purchase of two vehicles 

9 required for physical security of personnel, notwith10 standing price limitations applicable to passenger vehicles 

11 but not to exceed $250,000 per vehicle; lease of passenger 

12 motor vehicles; and expansion of public and private plants, 

13 Government-owned equipment and installation thereof in 

14 such plants, erection of structures, and acquisition of land, 

15 for the foregoing purposes, and such lands and interests 

16 therein, may be acquired, and construction prosecuted 

17 thereon, prior to approval of title; reserve plant and Gov18 ernment and contractor-owned equipment layaway, 

19 $17,568,091,000, to remain available for obligation until 

20 September 30, 2013: Provided, That of the funds made 

21 available in this paragraph, $15,000,000 shall be made 

22 available to procure equipment, not otherwise provided for, 

23 and may be transferred to other procurement accounts 

24 available to the Department of the Air Force, and that 

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1 poses and the same time period as the account to which 

2 transferred. 

3 PROCUREMENT, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

5 For expenses of activities and agencies of the Depart6 ment of Defense (other than the military departments) 

7 necessary for procurement, production, and modification 

8 of equipment, supplies, materials, and spare parts there9 for, not otherwise provided for; the purchase of passenger 

10 motor vehicles for replacement only; expansion of public 

11 and private plants, equipment, and installation thereof in 

12 such plants, erection of structures, and acquisition of land 

13 for the foregoing purposes, and such lands and interests 

14 therein, may be acquired, and construction prosecuted 

15 thereon prior to approval of title; reserve plant and Gov16 ernment and contractor-owned equipment layaway, 

17 $4,009,321,000, to remain available for obligation until 

18 September 30, 2013: Provided, That of the funds made 

19 available in this paragraph, $15,000,000 shall be made 

20 available to procure equipment, not otherwise provided for, 

21 and may be transferred to other procurement accounts 

22 available to the Department of Defense, and that funds 

23 so transferred shall be available for the same purposes and 

24 the same time period as the account to which transferred. 


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1 DEFENSE PRODUCTION ACT PURCHASES

2 For activities by the Department of Defense pursuant 

3 to sections 108, 301, 302, and 303 of the Defense Produc4 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

5 2093), $34,346,000, to remain available until expended. 

6 TITLE IV 

7 RESEARCH, DEVELOPMENT, TEST AND 

8 EVALUATION 

9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

10 ARMY

11 For expenses necessary for basic and applied sci12 entific research, development, test and evaluation, includ13 ing maintenance, rehabilitation, lease, and operation of fa14 cilities and equipment, $9,710,998,000, to remain avail15 able for obligation until September 30, 2012. 

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

17 NAVY

18 For expenses necessary for basic and applied sci19 entific research, development, test and evaluation, includ20 ing maintenance, rehabilitation, lease, and operation of fa21 cilities and equipment, $17,736,303,000, to remain avail22 able for obligation until September 30, 2012: Provided, 

23 That funds appropriated in this paragraph which are 

24 available for the V–22 may be used to meet unique oper25 ational requirements of the Special Operations Forces: 


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1 Provided further, That funds appropriated in this para2 graph shall be available for the Cobra Judy program. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 AIR FORCE

5 For expenses necessary for basic and applied sci6 entific research, development, test and evaluation, includ7 ing maintenance, rehabilitation, lease, and operation of fa8 cilities and equipment, $26,517,405,000, to remain avail9 able for obligation until September 30, 2012. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

12 For expenses of activities and agencies of the Depart13 ment of Defense (other than the military departments), 

14 necessary for basic and applied scientific research, devel15 opment, test and evaluation; advanced research projects 

16 as may be designated and determined by the Secretary 

17 of Defense, pursuant to law; maintenance, rehabilitation, 

18 lease, and operation of facilities and equipment, 

19 $20,797,412,000, to remain available for obligation until 

20 September 30, 2012: Provided, That of the funds made 

21 available in this paragraph, $3,200,000 shall only be avail22 able for program management and oversight of innovative 

23 research and development. 


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1 OPERATIONAL TEST AND EVALUATION, DEFENSE

2 For expenses, not otherwise provided for, necessary 

3 for the independent activities of the Director, Operational 

4 Test and Evaluation, in the direction and supervision of 

5 operational test and evaluation, including initial oper6 ational test and evaluation which is conducted prior to, 

7 and in support of, production decisions; joint operational 

8 testing and evaluation; and administrative expenses in 

9 connection therewith, $194,910,000, to remain available 

10 for obligation until September 30, 2012. 

11 TITLE V 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For the Defense Working Capital Funds, 

15 $1,434,536,000. 

16 NATIONAL DEFENSE SEALIFT FUND

17 For National Defense Sealift Fund programs, 

18 projects, and activities, and for expenses of the National 

19 Defense Reserve Fleet, as established by section 11 of the 

20 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 

21 and for the necessary expenses to maintain and preserve 

22 a U.S.-flag merchant fleet to serve the national security 

23 needs of the United States, $1,474,866,000, to remain 

24 available until expended: Provided, That none of the funds 

25 provided in this paragraph shall be used to award a new 


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1 contract that provides for the acquisition of any of the 

2 following major components unless such components are 

3 manufactured in the United States: auxiliary equipment, 

4 including pumps, for all shipboard services; propulsion 

5 system components (engines, reduction gears, and propel6 lers); shipboard cranes; and spreaders for shipboard 

7 cranes: Provided further, That the exercise of an option 

8 in a contract awarded through the obligation of previously 

9 appropriated funds shall not be considered to be the award 

10 of a new contract: Provided further, That the Secretary 

11 of the military department responsible for such procure12 ment may waive the restrictions in the first proviso on 

13 a case-by-case basis by certifying in writing to the Com14 mittees on Appropriations of the House of Representatives 

15 and the Senate that adequate domestic supplies are not 

16 available to meet Department of Defense requirements on 

17 a timely basis and that such an acquisition must be made 

18 in order to acquire capability for national security pur19 poses. 

20 TITLE VI 

21 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

22 DEFENSE HEALTH PROGRAM

23 For expenses, not otherwise provided for, for medical 

24 and health care programs of the Department of Defense 

25 as authorized by law, $31,382,198,000; of which 


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1 $29,671,764,000 shall be for operation and maintenance, 

2 of which not to exceed 1 percent shall remain available 

3 until September 30, 2012, and of which up to 

4 $16,212,121,000 may be available for contracts entered 

5 into under the TRICARE program; of which 

6 $534,921,000, to remain available for obligation until Sep7 tember 30, 2013, shall be for procurement; and of which 

8 $1,175,513,000, to remain available for obligation until 

9 September 30, 2012, shall be for research, development, 

10 test and evaluation: Provided, That, notwithstanding any 

11 other provision of law, of the amount made available under 

12 this heading for research, development, test and evalua13 tion, not less than $10,000,000 shall be available for HIV 

14 prevention educational activities undertaken in connection 

15 with United States military training, exercises, and hu16 manitarian assistance activities conducted primarily in Af17 rican nations. 

18 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

19 DEFENSE

20 For expenses, not otherwise provided for, necessary 

21 for the destruction of the United States stockpile of lethal 

22 chemical agents and munitions, to include construction of 

23 facilities, in accordance with the provisions of section 1412 

24 of the Department of Defense Authorization Act, 1986 

25 (50 U.S.C. 1521), and for the destruction of other chemVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 ical warfare materials that are not in the chemical weapon 

2 stockpile, $1,467,307,000, of which $1,067,364,000 shall 

3 be for operation and maintenance, of which no less than 

4 $111,178,000, shall be for the Chemical Stockpile Emer5 gency Preparedness Program, consisting of $35,130,000 

6 for activities on military installations and $76,048,000, to 

7 remain available until September 30, 2012, to assist State 

8 and local governments; $7,132,000 shall be for procure9 ment, to remain available until September 30, 2013; and 

10 $392,811,000, to remain available until September 30, 

11 2012, shall be for research, development, test and evalua12 tion, of which $385,868,000 shall only be for the Assem13 bled Chemical Weapons Alternatives (ACWA) program. 

14 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

15 DEFENSE

16 (INCLUDING TRANSFER OF FUNDS)

17 For drug interdiction and counter-drug activities of 

18 the Department of Defense, for transfer to appropriations 

19 available to the Department of Defense for military per20 sonnel of the reserve components serving under the provi21 sions of title 10 and title 32, United States Code; for oper22 ation and maintenance; for procurement; and for research, 

23 development, test and evaluation, $1,156,957,000: Pro24 vided, That the funds appropriated under this heading 

25 shall be available for obligation for the same time period 


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1 and for the same purpose as the appropriation to which 

2 transferred: Provided further, That upon a determination 

3 that all or part of the funds transferred from this appro4 priation are not necessary for the purposes provided here5 in, such amounts may be transferred back to this appro6 priation: Provided further, That the transfer authority pro7 vided under this heading is in addition to any other trans8 fer authority contained elsewhere in this Act. 

9 OFFICE OF THE INSPECTOR GENERAL

10 For expenses and activities of the Office of the In11 spector General in carrying out the provisions of the In12 spector General Act of 1978, as amended, $306,794,000, 

13 of which $305,794,000 shall be for operation and mainte14 nance, of which not to exceed $700,000 is available for 

15 emergencies and extraordinary expenses to be expended on 

16 the approval or authority of the Inspector General, and 

17 payments may be made on the Inspector General’s certifi18 cate of necessity for confidential military purposes; and 

19 of which $1,000,000, to remain available until September 

20 30, 2013, shall be for procurement. 


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1 TITLE VII 

2 RELATED AGENCIES 

3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

4 DISABILITY SYSTEM FUND

5 For payment to the Central Intelligence Agency Re6 tirement and Disability System Fund, to maintain the 

7 proper funding level for continuing the operation of the 

8 Central Intelligence Agency Retirement and Disability 

9 System, $292,000,000. 

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 For necessary expenses of the Intelligence Commu12 nity Management Account, $649,732,000. 

13 TITLE VIII 

14 GENERAL PROVISIONS 

15 SEC. 8001. No part of any appropriation contained 

16 in this Act shall be used for publicity or propaganda pur17 poses not authorized by the Congress. 

18 SEC. 8002. During the current fiscal year, provisions 

19 of law prohibiting the payment of compensation to, or em20 ployment of, any person not a citizen of the United States 

21 shall not apply to personnel of the Department of Defense: 

22 Provided, That salary increases granted to direct and indi23 rect hire foreign national employees of the Department of 

24 Defense funded by this Act shall not be at a rate in excess 

25 of the percentage increase authorized by law for civilian 


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1 employees of the Department of Defense whose pay is 

2 computed under the provisions of section 5332 of title 5, 

3 United States Code, or at a rate in excess of the percent4 age increase provided by the appropriate host nation to 

5 its own employees, whichever is higher: Provided further, 

6 That, in the case of a host nation that does not provide 

7 salary increases on an annual basis, any increase granted 

8 by that nation shall be annualized for the purpose of ap9 plying the preceding proviso: Provided further, That this 

10 section shall not apply to Department of Defense foreign 

11 service national employees serving at United States diplo12 matic missions whose pay is set by the Department of 

13 State under the Foreign Service Act of 1980: Provided 

14 further, That the limitations of this provision shall not 

15 apply to foreign national employees of the Department of 

16 Defense in the Republic of Turkey. 

17 SEC. 8003. No part of any appropriation contained 

18 in this Act shall remain available for obligation beyond 

19 the current fiscal year, unless expressly so provided herein. 

20 SEC. 8004. No more than 20 percent of the appro21 priations in this Act which are limited for obligation dur22 ing the current fiscal year shall be obligated during the 

23 last 2 months of the fiscal year: Provided, That this sec24 tion shall not apply to obligations for support of active 


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1 duty training of reserve components or summer camp 

2 training of the Reserve Officers’ Training Corps. 

3 (TRANSFER OF FUNDS)

4 SEC. 8005. Upon determination by the Secretary of 

5 Defense that such action is necessary in the national inter6 est, he may, with the approval of the Office of Manage7 ment and Budget, transfer not to exceed $4,000,000,000 

8 of working capital funds of the Department of Defense 

9 or funds made available in this Act to the Department 

10 of Defense for military functions (except military con11 struction) between such appropriations or funds or any 

12 subdivision thereof, to be merged with and to be available 

13 for the same purposes, and for the same time period, as 

14 the appropriation or fund to which transferred: Provided, 

15 That such authority to transfer may not be used unless 

16 for higher priority items, based on unforeseen military re17 quirements, than those for which originally appropriated 

18 and in no case where the item for which funds are re19 quested has been denied by the Congress: Provided further, 

20 That the Secretary of Defense shall notify the Congress 

21 promptly of all transfers made pursuant to this authority 

22 or any other authority in this Act: Provided further, That 

23 no part of the funds in this Act shall be available to pre24 pare or present a request to the Committees on Appropria25 tions for reprogramming of funds, unless for higher priVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 ority items, based on unforeseen military requirements, 

2 than those for which originally appropriated and in no 

3 case where the item for which reprogramming is requested 

4 has been denied by the Congress: Provided further, That 

5 a request for multiple reprogrammings of funds using au6 thority provided in this section shall be made prior to June 

7 30, 2011: Provided further, That transfers among military 

8 personnel appropriations shall not be taken into account 

9 for purposes of the limitation on the amount of funds that 

10 may be transferred under this section. 

11 SEC. 8006. (a) With regard to the list of specific pro12 grams, projects, and activities (and the dollar amounts 

13 and adjustments to budget activities corresponding to 

14 such programs, projects, and activities) contained in the 

15 tables titled ‘‘Explanation of Project Level Adjustments’’ 

16 in the explanatory statement regarding this Act, the obli17 gation and expenditure of amounts appropriated or other18 wise made available in this Act for those programs, 

19 projects, and activities for which the amounts appro20 priated exceed the amounts requested are hereby required 

21 by law to be carried out in the manner provided by such 

22 tables to the same extent as if the tables were included 

23 in the text of this Act. 

24 (b) Amounts specified in the referenced tables de25 scribed in subsection (a) shall not be treated as subdiviVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 sions of appropriations for purposes of section 8005 of this 

2 Act: Provided, That section 8005 shall apply when trans3 fers of the amounts described in subsection (a) occur be4 tween appropriation accounts. 

5 SEC. 8007. (a) Not later than 60 days after enact6 ment of this Act, the Department of Defense shall submit 

7 a report to the congressional defense committees to estab8 lish the baseline for application of reprogramming and 

9 transfer authorities for fiscal year 2011: Provided, That 

10 the report shall include— 

11 (1) a table for each appropriation with a sepa12 rate column to display the President’s budget re13 quest, adjustments made by Congress, adjustments 

14 due to enacted rescissions, if appropriate, and the 

15 fiscal year enacted level; 

16 (2) a delineation in the table for each appro17 priation both by budget activity and program, 

18 project, and activity as detailed in the Budget Ap19 pendix; and 

20 (3) an identification of items of special congres21 sional interest. 

22 (b) Notwithstanding section 8005 of this Act, none 

23 of the funds provided in this Act shall be available for 

24 reprogramming or transfer until the report identified in 

25 subsection (a) is submitted to the congressional defense 


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1 committees, unless the Secretary of Defense certifies in 

2 writing to the congressional defense committees that such 

3 reprogramming or transfer is necessary as an emergency 

4 requirement. 

5 (TRANSFER OF FUNDS)

6 SEC. 8008. During the current fiscal year, cash bal7 ances in working capital funds of the Department of De8 fense established pursuant to section 2208 of title 10, 

9 United States Code, may be maintained in only such 

10 amounts as are necessary at any time for cash disburse11 ments to be made from such funds: Provided, That trans12 fers may be made between such funds: Provided further, 

13 That transfers may be made between working capital 

14 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

15 appropriation and the ‘‘Operation and Maintenance’’ ap16 propriation accounts in such amounts as may be deter17 mined by the Secretary of Defense, with the approval of 

18 the Office of Management and Budget, except that such 

19 transfers may not be made unless the Secretary of Defense 

20 has notified the Congress of the proposed transfer. Except 

21 in amounts equal to the amounts appropriated to working 

22 capital funds in this Act, no obligations may be made 

23 against a working capital fund to procure or increase the 

24 value of war reserve material inventory, unless the SecVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 retary of Defense has notified the Congress prior to any 

2 such obligation. 

3 SEC. 8009. Funds appropriated by this Act may not 

4 be used to initiate a special access program without prior 

5 notification 30 calendar days in advance to the congres6 sional defense committees. 

7 SEC. 8010. None of the funds provided in this Act 

8 shall be available to initiate: (1) a multiyear contract that 

9 employs economic order quantity procurement in excess of 

10 $20,000,000 in any one year of the contract or that in11 cludes an unfunded contingent liability in excess of 

12 $20,000,000; or (2) a contract for advance procurement 

13 leading to a multiyear contract that employs economic 

14 order quantity procurement in excess of $20,000,000 in 

15 any one year, unless the congressional defense committees 

16 have been notified at least 30 days in advance of the pro17 posed contract award: Provided, That no part of any ap18 propriation contained in this Act shall be available to ini19 tiate a multiyear contract for which the economic order 

20 quantity advance procurement is not funded at least to 

21 the limits of the Government’s liability: Provided further, 

22 That no part of any appropriation contained in this Act 

23 shall be available to initiate multiyear procurement con24 tracts for any systems or component thereof if the value 

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1 less specifically provided in this Act: Provided further, 

2 That no multiyear procurement contract can be termi3 nated without 10-day prior notification to the congres4 sional defense committees: Provided further, That the exe5 cution of multiyear authority shall require the use of a 

6 present value analysis to determine lowest cost compared 

7 to an annual procurement: Provided further, That none of 

8 the funds provided in this Act may be used for a multiyear 

9 contract executed after the date of the enactment of this 

10 Act unless in the case of any such contract— 

11 (1) the Secretary of Defense has submitted to 

12 Congress a budget request for full funding of units 

13 to be procured through the contract and, in the case 

14 of a contract for procurement of aircraft, that in15 cludes, for any aircraft unit to be procured through 

16 the contract for which procurement funds are re17 quested in that budget request for production be18 yond advance procurement activities in the fiscal 

19 year covered by the budget, full funding of procure20 ment of such unit in that fiscal year; 

21 (2) cancellation provisions in the contract do 

22 not include consideration of recurring manufacturing 

23 costs of the contractor associated with the produc24 tion of unfunded units to be delivered under the con25 tract; 


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1 (3) the contract provides that payments to the 

2 contractor under the contract shall not be made in 

3 advance of incurred costs on funded units; and 

4 (4) the contract does not provide for a price ad5 justment based on a failure to award a follow-on 

6 contract. 

7 Funds appropriated in title III of this Act may be 

8 used for a multiyear procurement contract as follows: 

9 Navy MH–60R/S Helicopter Systems. 

10 SEC. 8011. Within the funds appropriated for the op11 eration and maintenance of the Armed Forces, funds are 

12 hereby appropriated pursuant to section 401 of title 10, 

13 United States Code, for humanitarian and civic assistance 

14 costs under chapter 20 of title 10, United States Code. 

15 Such funds may also be obligated for humanitarian and 

16 civic assistance costs incidental to authorized operations 

17 and pursuant to authority granted in section 401 of chap18 ter 20 of title 10, United States Code, and these obliga19 tions shall be reported as required by section 401(d) of 

20 title 10, United States Code: Provided, That funds avail21 able for operation and maintenance shall be available for 

22 providing humanitarian and similar assistance by using 

23 Civic Action Teams in the Trust Territories of the Pacific 

24 Islands and freely associated states of Micronesia, pursu25 ant to the Compact of Free Association as authorized by 


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1 Public Law 99–239: Provided further, That upon a deter2 mination by the Secretary of the Army that such action 

3 is beneficial for graduate medical education programs con4 ducted at Army medical facilities located in Hawaii, the 

5 Secretary of the Army may authorize the provision of med6 ical services at such facilities and transportation to such 

7 facilities, on a nonreimbursable basis, for civilian patients 

8 from American Samoa, the Commonwealth of the North9 ern Mariana Islands, the Marshall Islands, the Federated 

10 States of Micronesia, Palau, and Guam. 

11 SEC. 8012. (a) During fiscal year 2011, the civilian 

12 personnel of the Department of Defense may not be man13 aged on the basis of any end-strength, and the manage14 ment of such personnel during that fiscal year shall not 

15 be subject to any constraint or limitation (known as an 

16 end-strength) on the number of such personnel who may 

17 be employed on the last day of such fiscal year. 

18 (b) The fiscal year 2012 budget request for the De19 partment of Defense as well as all justification material 

20 and other documentation supporting the fiscal year 2012 

21 Department of Defense budget request shall be prepared 

22 and submitted to the Congress as if subsections (a) and 

23 (b) of this provision were effective with regard to fiscal 

24 year 2012. 


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1 (c) Nothing in this section shall be construed to apply 

2 to military (civilian) technicians. 

3 SEC. 8013. None of the funds made available by this 

4 Act shall be used in any way, directly or indirectly, to in5 fluence congressional action on any legislation or appro6 priation matters pending before the Congress. 

7 SEC. 8014. None of the funds appropriated by this 

8 Act shall be available for the basic pay and allowances of 

9 any member of the Army participating as a full-time stu10 dent and receiving benefits paid by the Secretary of Vet11 erans Affairs from the Department of Defense Education 

12 Benefits Fund when time spent as a full-time student is 

13 credited toward completion of a service commitment: Pro14 vided, That this section shall not apply to those members 

15 who have reenlisted with this option prior to October 1, 

16 1987: Provided further, That this section applies only to 

17 active components of the Army. 

18 SEC. 8015. (a) None of the funds appropriated by 

19 this Act shall be available to convert to contractor per20 formance an activity or function of the Department of De21 fense that, on or after the date of the enactment of this 

22 Act, is performed by Department of Defense civilian em23 ployees unless— 

24 (1) the conversion is based on the result of a 

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1 cient and cost effective organization plan developed 

2 by such activity or function; 

3 (2) the Competitive Sourcing Official deter4 mines that, over all performance periods stated in 

5 the solicitation of offers for performance of the ac6 tivity or function, the cost of performance of the ac7 tivity or function by a contractor would be less costly 

8 to the Department of Defense by an amount that 

9 equals or exceeds the lesser of— 

10 (A) 10 percent of the most efficient organi11 zation’s personnel-related costs for performance 

12 of that activity or function by Federal employ13 ees; or 

14 (B) $10,000,000; and 

15 (3) the contractor does not receive an advan16 tage for a proposal that would reduce costs for the 

17 Department of Defense by— 

18 (A) not making an employer-sponsored 

19 health insurance plan available to the workers 

20 who are to be employed in the performance of 

21 that activity or function under the contract; or 

22 (B) offering to such workers an employer23 sponsored health benefits plan that requires the 

24 employer to contribute less towards the pre25 mium or subscription share than the amount 


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1 that is paid by the Department of Defense for 

2 health benefits for civilian employees under 

3 chapter 89 of title 5, United States Code. 

4 (b)(1) The Department of Defense, without regard 

5 to subsection (a) of this section or subsection (a), (b), or 

6 (c) of section 2461 of title 10, United States Code, and 

7 notwithstanding any administrative regulation, require8 ment, or policy to the contrary shall have full authority 

9 to enter into a contract for the performance of any com10 mercial or industrial type function of the Department of 

11 Defense that— 

12 (A) is included on the procurement list es13 tablished pursuant to section 2 of the Javits14 Wagner-O’Day Act (section 8503 of title 41, 

15 United States Code); 

16 (B) is planned to be converted to perform17 ance by a qualified nonprofit agency for the 

18 blind or by a qualified nonprofit agency for 

19 other severely handicapped individuals in ac20 cordance with that Act; or 

21 (C) is planned to be converted to perform22 ance by a qualified firm under at least 51 per23 cent ownership by an Indian tribe, as defined in 

24 section 4(e) of the Indian Self-Determination 

25 and Education Assistance Act (25 U.S.C. 


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1 450b(e)), or a Native Hawaiian Organization, 

2 as defined in section 8(a)(15) of the Small 

3 Business Act (15 U.S.C. 637(a)(15)). 

4 (2) This section shall not apply to depot con5 tracts or contracts for depot maintenance as pro6 vided in sections 2469 and 2474 of title 10, United 

7 States Code. 

8 (c) The conversion of any activity or function of the 

9 Department of Defense under the authority provided by 

10 this section shall be credited toward any competitive or 

11 outsourcing goal, target, or measurement that may be es12 tablished by statute, regulation, or policy and is deemed 

13 to be awarded under the authority of, and in compliance 

14 with, subsection (h) of section 2304 of title 10, United 

15 States Code, for the competition or outsourcing of com16 mercial activities. 

17 (TRANSFER OF FUNDS)

18 SEC. 8016. Funds appropriated in title III of this Act 

19 for the Department of Defense Pilot Mentor-Protege Pro20 gram may be transferred to any other appropriation con21 tained in this Act solely for the purpose of implementing 

22 a Mentor-Protege Program developmental assistance 

23 agreement pursuant to section 831 of the National De24 fense Authorization Act for Fiscal Year 1991 (Public Law 

25 101–510; 10 U.S.C. 2302 note), as amended, under the 


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1 authority of this provision or any other transfer authority 

2 contained in this Act: Provided, That subsection (j) of sec3 tion 831 of the National Defense Authorization Act for 

4 Fiscal Year 1991 is amended by striking ‘‘September 30, 

5 2010’’ and inserting ‘‘September 30, 2011’’, and by strik6 ing ‘‘September 30, 2013’’ and inserting ‘‘September 30, 

7 2014’’. 

8 SEC. 8017. None of the funds in this Act may be 

9 available for the purchase by the Department of Defense 

10 (and its departments and agencies) of welded shipboard 

11 anchor and mooring chain 4 inches in diameter and under 

12 unless the anchor and mooring chain are manufactured 

13 in the United States from components which are substan14 tially manufactured in the United States: Provided, That 

15 for the purpose of this section, the term ‘‘manufactured’’ 

16 shall include cutting, heat treating, quality control, testing 

17 of chain and welding (including the forging and shot blast18 ing process): Provided further, That for the purpose of this 

19 section substantially all of the components of anchor and 

20 mooring chain shall be considered to be produced or manu21 factured in the United States if the aggregate cost of the 

22 components produced or manufactured in the United 

23 States exceeds the aggregate cost of the components pro24 duced or manufactured outside the United States: Pro25 vided further, That when adequate domestic supplies are 


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1 not available to meet Department of Defense requirements 

2 on a timely basis, the Secretary of the service responsible 

3 for the procurement may waive this restriction on a case4 by-case basis by certifying in writing to the Committees 

5 on Appropriations that such an acquisition must be made 

6 in order to acquire capability for national security pur7 poses. 

8 SEC. 8018. None of the funds available to the De9 partment of Defense may be used to demilitarize or dis10 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

11 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

12 to demilitarize or destroy small arms ammunition or am13 munition components that are not otherwise prohibited 

14 from commercial sale under Federal law, unless the small 

15 arms ammunition or ammunition components are certified 

16 by the Secretary of the Army or designee as unserviceable 

17 or unsafe for further use. 

18 SEC. 8019. No more than $500,000 of the funds ap19 propriated or made available in this Act shall be used dur20 ing a single fiscal year for any single relocation of an orga21 nization, unit, activity or function of the Department of 

22 Defense into or within the National Capital Region: Pro23 vided, That the Secretary of Defense may waive this re24 striction on a case-by-case basis by certifying in writing 


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1 to the congressional defense committees that such a relo2 cation is required in the best interest of the Government. 

3 SEC. 8020. In addition to the funds provided else4 where in this Act, $15,000,000 is appropriated only for 

5 incentive payments authorized by section 504 of the In6 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

7 That a prime contractor or a subcontractor at any tier 

8 that makes a subcontract award to any subcontractor or 

9 supplier as defined in section 1544 of title 25, United 

10 States Code, or a small business owned and controlled by 

11 an individual or individuals defined under section 4221(9) 

12 of title 25, United States Code, shall be considered a con13 tractor for the purposes of being allowed additional com14 pensation under section 504 of the Indian Financing Act 

15 of 1974 (25 U.S.C. 1544) whenever the prime contract 

16 or subcontract amount is over $500,000 and involves the 

17 expenditure of funds appropriated by an Act making Ap18 propriations for the Department of Defense with respect 

19 to any fiscal year: Provided further, That notwithstanding 

20 section 430 of title 41, United States Code, this section 

21 shall be applicable to any Department of Defense acquisi22 tion of supplies or services, including any contract and any 

23 subcontract at any tier for acquisition of commercial items 

24 produced or manufactured, in whole or in part by any sub25 contractor or supplier defined in section 1544 of title 25, 


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1 United States Code, or a small business owned and con2 trolled by an individual or individuals defined under sec3 tion 4221(9) of title 25, United States Code. 

4 SEC. 8021. Funds appropriated by this Act for the 

5 Defense Media Activity shall not be used for any national 

6 or international political or psychological activities. 

7 SEC. 8022. During the current fiscal year, the De8 partment of Defense is authorized to incur obligations of 

9 not to exceed $350,000,000 for purposes specified in sec10 tion 2350j(c) of title 10, United States Code, in anticipa11 tion of receipt of contributions, only from the Government 

12 of Kuwait, under that section: Provided, That upon re13 ceipt, such contributions from the Government of Kuwait 

14 shall be credited to the appropriations or fund which in15 curred such obligations. 

16 SEC. 8023. (a) Of the funds made available in this 

17 Act, not less than $30,374,000 shall be available for the 

18 Civil Air Patrol Corporation, of which— 

19 (1) $27,048,000 shall be available from ‘‘Oper20 ation and Maintenance, Air Force’’ to support Civil 

21 Air Patrol Corporation operation and maintenance, 

22 readiness, counterdrug activities, and drug demand 

23 reduction activities involving youth programs; 

24 (2) $2,424,000 shall be available from ‘‘Aircraft 

25 Procurement, Air Force’’; and 


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1 (3) $902,000 shall be available from ‘‘Other 

2 Procurement, Air Force’’ for vehicle procurement. 

3 (b) The Secretary of the Air Force should waive reim4 bursement for any funds used by the Civil Air Patrol for 

5 counter-drug activities in support of Federal, State, and 

6 local government agencies. 

7 SEC. 8024. (a) None of the funds appropriated in this 

8 Act are available to establish a new Department of De9 fense (department) federally funded research and develop10 ment center (FFRDC), either as a new entity, or as a 

11 separate entity administrated by an organization man12 aging another FFRDC, or as a nonprofit membership cor13 poration consisting of a consortium of other FFRDCs and 

14 other nonprofit entities. 

15 (b) No member of a Board of Directors, Trustees, 

16 Overseers, Advisory Group, Special Issues Panel, Visiting 

17 Committee, or any similar entity of a defense FFRDC, 

18 and no paid consultant to any defense FFRDC, except 

19 when acting in a technical advisory capacity, may be com20 pensated for his or her services as a member of such enti21 ty, or as a paid consultant by more than one FFRDC in 

22 a fiscal year: Provided, That a member of any such entity 

23 referred to previously in this subsection shall be allowed 

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1 eral Joint Travel Regulations, when engaged in the per2 formance of membership duties. 

3 (c) Notwithstanding any other provision of law, none 

4 of the funds available to the department from any source 

5 during fiscal year 2011 may be used by a defense FFRDC, 

6 through a fee or other payment mechanism, for construc7 tion of new buildings, for payment of cost sharing for 

8 projects funded by Government grants, for absorption of 

9 contract overruns, or for certain charitable contributions, 

10 not to include employee participation in community service 

11 and/or development. 

12 (d) Notwithstanding any other provision of law, of 

13 the funds available to the department during fiscal year 

14 2011, not more than 5,750 staff years of technical effort 

15 (staff years) may be funded for defense FFRDCs: Pro16 vided, That of the specific amount referred to previously 

17 in this subsection, not more than 1,125 staff years may 

18 be funded for the defense studies and analysis FFRDCs: 

19 Provided further, That this subsection shall not apply to 

20 staff years funded in the National Intelligence Program 

21 (NIP) and the Military Intelligence Program (MIP). 

22 (e) The Secretary of Defense shall, with the submis23 sion of the department’s fiscal year 2012 budget request, 

24 submit a report presenting the specific amounts of staff 

25 years of technical effort to be allocated for each defense 


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1 FFRDC during that fiscal year and the associated budget 

2 estimates. 

3 (f) Notwithstanding any other provision of this Act, 

4 the total amount appropriated in this Act for FFRDCs 

5 is hereby reduced by $125,000,000. 

6 SEC. 8025. None of the funds appropriated or made 

7 available in this Act shall be used to procure carbon, alloy 

8 or armor steel plate for use in any Government-owned fa9 cility or property under the control of the Department of 

10 Defense which were not melted and rolled in the United 

11 States or Canada: Provided, That these procurement re12 strictions shall apply to any and all Federal Supply Class 

13 9515, American Society of Testing and Materials (ASTM) 

14 or American Iron and Steel Institute (AISI) specifications 

15 of carbon, alloy or armor steel plate: Provided further, 

16 That the Secretary of the military department responsible 

17 for the procurement may waive this restriction on a case18 by-case basis by certifying in writing to the Committees 

19 on Appropriations of the House of Representatives and the 

20 Senate that adequate domestic supplies are not available 

21 to meet Department of Defense requirements on a timely 

22 basis and that such an acquisition must be made in order 

23 to acquire capability for national security purposes: Pro24 vided further, That these restrictions shall not apply to 


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1 contracts which are in being as of the date of the enact2 ment of this Act. 

3 SEC. 8026. For the purposes of this Act, the term 

4 ‘‘congressional defense committees’’ means the Armed 

5 Services Committee of the House of Representatives, the 

6 Armed Services Committee of the Senate, the Sub7 committee on Defense of the Committee on Appropriations 

8 of the Senate, and the Subcommittee on Defense of the 

9 Committee on Appropriations of the House of Representa10 tives. 

11 SEC. 8027. During the current fiscal year, the De12 partment of Defense may acquire the modification, depot 

13 maintenance and repair of aircraft, vehicles and vessels 

14 as well as the production of components and other De15 fense-related articles, through competition between De16 partment of Defense depot maintenance activities and pri17 vate firms: Provided, That the Senior Acquisition Execu18 tive of the military department or Defense Agency con19 cerned, with power of delegation, shall certify that success20 ful bids include comparable estimates of all direct and in21 direct costs for both public and private bids: Provided fur22 ther, That Office of Management and Budget Circular A– 

23 76 shall not apply to competitions conducted under this 

24 section. 


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1 SEC. 8028. (a)(1) If the Secretary of Defense, after 

2 consultation with the United States Trade Representative, 

3 determines that a foreign country which is party to an 

4 agreement described in paragraph (2) has violated the 

5 terms of the agreement by discriminating against certain 

6 types of products produced in the United States that are 

7 covered by the agreement, the Secretary of Defense shall 

8 rescind the Secretary’s blanket waiver of the Buy Amer9 ican Act with respect to such types of products produced 

10 in that foreign country. 

11 (2) An agreement referred to in paragraph (1) is any 

12 reciprocal defense procurement memorandum of under13 standing, between the United States and a foreign country 

14 pursuant to which the Secretary of Defense has prospec15 tively waived the Buy American Act for certain products 

16 in that country. 

17 (b) The Secretary of Defense shall submit to the Con18 gress a report on the amount of Department of Defense 

19 purchases from foreign entities in fiscal year 2011. Such 

20 report shall separately indicate the dollar value of items 

21 for which the Buy American Act was waived pursuant to 

22 any agreement described in subsection (a)(2), the Trade 

23 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

24 international agreement to which the United States is a 

25 party. 


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1 (c) For purposes of this section, the term ‘‘Buy 

2 American Act’’ means chapter 83 of title 41, United 

3 States Code. 

4 SEC. 8029. During the current fiscal year, amounts 

5 contained in the Department of Defense Overseas Military 

6 Facility Investment Recovery Account established by sec7 tion 2921(c)(1) of the National Defense Authorization Act 

8 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

9 be available until expended for the payments specified by 

10 section 2921(c)(2) of that Act. 

11 SEC. 8030. (a) Notwithstanding any other provision 

12 of law, the Secretary of the Air Force may convey at no 

13 cost to the Air Force, without consideration, to Indian 

14 tribes located in the States of Nevada, Idaho, North Da15 kota, South Dakota, Montana, Oregon, Minnesota, and 

16 Washington relocatable military housing units located at 

17 Grand Forks Air Force Base, Malmstrom Air Force Base, 

18 Mountain Home Air Force Base, Ellsworth Air Force 

19 Base, and Minot Air Force Base that are excess to the 

20 needs of the Air Force. 

21 (b) The Secretary of the Air Force shall convey, at 

22 no cost to the Air Force, military housing units under sub23 section (a) in accordance with the request for such units 

24 that are submitted to the Secretary by the Operation 

25 Walking Shield Program on behalf of Indian tribes located 


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1 in the States of Nevada, Idaho, North Dakota, South Da2 kota, Montana, Oregon, Minnesota, and Washington. Any 

3 such conveyance shall be subject to the condition that the 

4 housing units shall be removed within a reasonable period 

5 of time, as determined by the Secretary. 

6 (c) The Operation Walking Shield Program shall re7 solve any conflicts among requests of Indian tribes for 

8 housing units under subsection (a) before submitting re9 quests to the Secretary of the Air Force under subsection 

10 (b). 

11 (d) In this section, the term ‘‘Indian tribe’’ means 

12 any recognized Indian tribe included on the current list 

13 published by the Secretary of the Interior under section 

14 104 of the Federally Recognized Indian Tribe Act of 1994 

15 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 

16 1). 

17 SEC. 8031. During the current fiscal year, appropria18 tions which are available to the Department of Defense 

19 for operation and maintenance may be used to purchase 

20 items having an investment item unit cost of not more 

21 than $250,000. 

22 SEC. 8032. (a) During the current fiscal year, none 

23 of the appropriations or funds available to the Department 

24 of Defense Working Capital Funds shall be used for the 

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1 ing a new inventory item for sale or anticipated sale dur2 ing the current fiscal year or a subsequent fiscal year to 

3 customers of the Department of Defense Working Capital 

4 Funds if such an item would not have been chargeable 

5 to the Department of Defense Business Operations Fund 

6 during fiscal year 1994 and if the purchase of such an 

7 investment item would be chargeable during the current 

8 fiscal year to appropriations made to the Department of 

9 Defense for procurement. 

10 (b) The fiscal year 2012 budget request for the De11 partment of Defense as well as all justification material 

12 and other documentation supporting the fiscal year 2012 

13 Department of Defense budget shall be prepared and sub14 mitted to the Congress on the basis that any equipment 

15 which was classified as an end item and funded in a pro16 curement appropriation contained in this Act shall be 

17 budgeted for in a proposed fiscal year 2012 procurement 

18 appropriation and not in the supply management business 

19 area or any other area or category of the Department of 

20 Defense Working Capital Funds. 

21 SEC. 8033. None of the funds appropriated by this 

22 Act for programs of the Central Intelligence Agency shall 

23 remain available for obligation beyond the current fiscal 

24 year, except for funds appropriated for the Reserve for 

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1 tember 30, 2012: Provided, That funds appropriated, 

2 transferred, or otherwise credited to the Central Intel3 ligence Agency Central Services Working Capital Fund 

4 during this or any prior or subsequent fiscal year shall 

5 remain available until expended: Provided further, That 

6 any funds appropriated or transferred to the Central Intel7 ligence Agency for advanced research and development ac8 quisition, for agent operations, and for covert action pro9 grams authorized by the President under section 503 of 

10 the National Security Act of 1947, as amended, shall re11 main available until September 30, 2012. 

12 SEC. 8034. Notwithstanding any other provision of 

13 law, funds made available in this Act for the Defense In14 telligence Agency may be used for the design, develop15 ment, and deployment of General Defense Intelligence 

16 Program intelligence communications and intelligence in17 formation systems for the Services, the Unified and Speci18 fied Commands, and the component commands. 

19 SEC. 8035. Of the funds appropriated to the Depart20 ment of Defense under the heading ‘‘Operation and Main21 tenance, Defense-Wide’’, not less than $12,000,000 shall 

22 be made available only for the mitigation of environmental 

23 impacts, including training and technical assistance to 

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1 veloping a system for prioritization of mitigation and cost 

2 to complete estimates for mitigation, on Indian lands re3 sulting from Department of Defense activities. 

4 SEC. 8036. (a) None of the funds appropriated in this 

5 Act may be expended by an entity of the Department of 

6 Defense unless the entity, in expending the funds, com7 plies with the Buy American Act. For purposes of this 

8 subsection, the term ‘‘Buy American Act’’ means chapter 

9 83 of title 41, United States Code. 

10 (b) If the Secretary of Defense determines that a per11 son has been convicted of intentionally affixing a label 

12 bearing a ‘‘Made in America’’ inscription to any product 

13 sold in or shipped to the United States that is not made 

14 in America, the Secretary shall determine, in accordance 

15 with section 2410f of title 10, United States Code, wheth16 er the person should be debarred from contracting with 

17 the Department of Defense. 

18 (c) In the case of any equipment or products pur19 chased with appropriations provided under this Act, it is 

20 the sense of the Congress that any entity of the Depart21 ment of Defense, in expending the appropriation, purchase 

22 only American-made equipment and products, provided 

23 that American-made equipment and products are cost24 competitive, quality competitive, and available in a timely 

25 fashion. 


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1 SEC. 8037. None of the funds appropriated by this 

2 Act shall be available for a contract for studies, analysis, 

3 or consulting services entered into without competition on 

4 the basis of an unsolicited proposal unless the head of the 

5 activity responsible for the procurement determines— 

6 (1) as a result of thorough technical evaluation, 

7 only one source is found fully qualified to perform 

8 the proposed work; 

9 (2) the purpose of the contract is to explore an 

10 unsolicited proposal which offers significant sci11 entific or technological promise, represents the prod12 uct of original thinking, and was submitted in con13 fidence by one source; or 

14 (3) the purpose of the contract is to take ad15 vantage of unique and significant industrial accom16 plishment by a specific concern, or to insure that a 

17 new product or idea of a specific concern is given fi18 nancial support: Provided, That this limitation shall 

19 not apply to contracts in an amount of less than 

20 $25,000, contracts related to improvements of equip21 ment that is in development or production, or con22 tracts as to which a civilian official of the Depart23 ment of Defense, who has been confirmed by the 

24 Senate, determines that the award of such contract 

25 is in the interest of the national defense. 


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1 SEC. 8038. (a) Except as provided in subsections (b) 

2 and (c), none of the funds made available by this Act may 

3 be used— 

4 (1) to establish a field operating agency; or 

5 (2) to pay the basic pay of a member of the 

6 Armed Forces or civilian employee of the depart7 ment who is transferred or reassigned from a head8 quarters activity if the member or employee’s place 

9 of duty remains at the location of that headquarters. 

10 (b) The Secretary of Defense or Secretary of a mili11 tary department may waive the limitations in subsection 

12 (a), on a case-by-case basis, if the Secretary determines, 

13 and certifies to the Committees on Appropriations of the 

14 House of Representatives and Senate that the granting 

15 of the waiver will reduce the personnel requirements or 

16 the financial requirements of the department. 

17 (c) This section does not apply to— 

18 (1) field operating agencies funded within the 

19 National Intelligence Program; 

20 (2) an Army field operating agency established 

21 to eliminate, mitigate, or counter the effects of im22 provised explosive devices, and, as determined by the 

23 Secretary of the Army, other similar threats; or 

24 (3) an Army field operating agency established 

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1 metric activities and to integrate common biometric 

2 technologies throughout the Department of Defense. 

3 SEC. 8039. The Secretary of Defense, notwith4 standing any other provision of law, acting through the 

5 Office of Economic Adjustment of the Department of De6 fense, may use funds made available in this Act under the 

7 heading ‘‘Operation and Maintenance, Defense-Wide’’ to 

8 make grants and supplement other Federal funds in ac9 cordance with the guidance provided in the explanatory 

10 statement regarding this Act. 

11 (RESCISSIONS)

12 SEC. 8040. Of the funds appropriated in Department 

13 of Defense Appropriations Acts, the following funds are 

14 hereby rescinded from the following accounts and pro15 grams in the specified amounts: 

16 ‘‘Procurement of Weapons and Tracked Combat 

17 Vehicles, Army, 2009/2011’’, $86,300,000. 

18 ‘‘Other Procurement, Army, 2009/2011’’, 

19 $147,600,000. 

20 ‘‘Aircraft Procurement, Navy, 2009/2011’’, 

21 $26,100,000. 

22 ‘‘Aircraft Procurement, Air Force, 2009/2011’’, 

23 $116,900,000. 

24 ‘‘Aircraft Procurement, Army, 2010/2012’’, 

25 $14,000,000. 


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1 ‘‘Procurement of Weapons and Tracked Combat 

2 Vehicles, Army, 2010/2012’’, $36,000,000. 

3 ‘‘Missile Procurement, Army, 2010/2012’’, 

4 $9,171,000. 

5 ‘‘Aircraft Procurement, Navy, 2010/2012’’, 

6 $284,847,000. 

7 ‘‘Procurement of Ammunition, Navy and Ma8 rine Corps, 2010/2012’’, $11,576,000. 

9 Under the heading, ‘‘Shipbuilding and Conver10 sion, Navy, 2010/2014’’: DDG–51 Destroyer, 

11 $22,000,000. 

12 ‘‘Other Procurement, Navy, 2010/2012’’, 

13 $9,042,000. 

14 ‘‘Aircraft Procurement, Air Force, 2010/2012’’, 

15 $151,300,000. 

16 ‘‘Other Procurement, Air Force, 2010/2012’’, 

17 $36,600,000. 

18 ‘‘Research, Development, Test and Evaluation, 

19 Army, 2010/2011’’, $53,500,000. 

20 ‘‘Research, Development, Test and Evaluation, 

21 Air Force, 2010/2011’’, $198,600,000. 

22 ‘‘Research, Development, Test and Evaluation, 

23 Defense-Wide, 2010/2011’’, $10,000,000. 

24 SEC. 8041. None of the funds available in this Act 

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1 tary (civilian) technicians of the Army National Guard, 

2 Air National Guard, Army Reserve and Air Force Reserve 

3 for the purpose of applying any administratively imposed 

4 civilian personnel ceiling, freeze, or reduction on military 

5 (civilian) technicians, unless such reductions are a direct 

6 result of a reduction in military force structure. 

7 SEC. 8042. None of the funds appropriated or other8 wise made available in this Act may be obligated or ex9 pended for assistance to the Democratic People’s Republic 

10 of Korea unless specifically appropriated for that purpose. 

11 SEC. 8043. Funds appropriated in this Act for oper12 ation and maintenance of the Military Departments, Com13 batant Commands and Defense Agencies shall be available 

14 for reimbursement of pay, allowances and other expenses 

15 which would otherwise be incurred against appropriations 

16 for the National Guard and Reserve when members of the 

17 National Guard and Reserve provide intelligence or coun18 terintelligence support to Combatant Commands, Defense 

19 Agencies and Joint Intelligence Activities, including the 

20 activities and programs included within the National Intel21 ligence Program and the Military Intelligence Program: 

22 Provided, That nothing in this section authorizes deviation 

23 from established Reserve and National Guard personnel 

24 and training procedures. 


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1 SEC. 8044. During the current fiscal year, none of 

2 the funds appropriated in this Act may be used to reduce 

3 the civilian medical and medical support personnel as4 signed to military treatment facilities below the September 

5 30, 2003, level: Provided, That the Service Surgeons Gen6 eral may waive this section by certifying to the congres7 sional defense committees that the beneficiary population 

8 is declining in some catchment areas and civilian strength 

9 reductions may be consistent with responsible resource 

10 stewardship and capitation-based budgeting. 

11 SEC. 8045. (a) None of the funds available to the 

12 Department of Defense for any fiscal year for drug inter13 diction or counter-drug activities may be transferred to 

14 any other department or agency of the United States ex15 cept as specifically provided in an appropriations law. 

16 (b) None of the funds available to the Central Intel17 ligence Agency for any fiscal year for drug interdiction 

18 and counter-drug activities may be transferred to any 

19 other department or agency of the United States except 

20 as specifically provided in an appropriations law. 

21 SEC. 8046. None of the funds appropriated by this 

22 Act may be used for the procurement of ball and roller 

23 bearings other than those produced by a domestic source 

24 and of domestic origin: Provided, That the Secretary of 

25 the military department responsible for such procurement 


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1 may waive this restriction on a case-by-case basis by certi2 fying in writing to the Committees on Appropriations of 

3 the House of Representatives and the Senate, that ade4 quate domestic supplies are not available to meet Depart5 ment of Defense requirements on a timely basis and that 

6 such an acquisition must be made in order to acquire ca7 pability for national security purposes: Provided further, 

8 That this restriction shall not apply to the purchase of 

9 ‘‘commercial items’’, as defined by section 4(12) of the 

10 Office of Federal Procurement Policy Act, except that the 

11 restriction shall apply to ball or roller bearings purchased 

12 as end items. 

13 SEC. 8047. None of the funds in this Act may be 

14 used to purchase any supercomputer which is not manu15 factured in the United States, unless the Secretary of De16 fense certifies to the congressional defense committees 

17 that such an acquisition must be made in order to acquire 

18 capability for national security purposes that is not avail19 able from United States manufacturers. 

20 SEC. 8048. None of the funds made available in this 

21 or any other Act may be used to pay the salary of any 

22 officer or employee of the Department of Defense who ap23 proves or implements the transfer of administrative re24 sponsibilities or budgetary resources of any program, 

25 project, or activity financed by this Act to the jurisdiction 


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1 of another Federal agency not financed by this Act with2 out the express authorization of Congress: Provided, That 

3 this limitation shall not apply to transfers of funds ex4 pressly provided for in Defense Appropriations Acts, or 

5 provisions of Acts providing supplemental appropriations 

6 for the Department of Defense. 

7 SEC. 8049. (a) Notwithstanding any other provision 

8 of law, none of the funds available to the Department of 

9 Defense for the current fiscal year may be obligated or 

10 expended to transfer to another nation or an international 

11 organization any defense articles or services (other than 

12 intelligence services) for use in the activities described in 

13 subsection (b) unless the congressional defense commit14 tees, the Committee on Foreign Affairs of the House of 

15 Representatives, and the Committee on Foreign Relations 

16 of the Senate are notified 15 days in advance of such 

17 transfer. 

18 (b) This section applies to— 

19 (1) any international peacekeeping or peace-en20 forcement operation under the authority of chapter 

21 VI or chapter VII of the United Nations Charter 

22 under the authority of a United Nations Security 

23 Council resolution; and 

24 (2) any other international peacekeeping, peace25 enforcement, or humanitarian assistance operation. 


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1 (c) A notice under subsection (a) shall include the 

2 following: 

3 (1) A description of the equipment, supplies, or 

4 services to be transferred. 

5 (2) A statement of the value of the equipment, 

6 supplies, or services to be transferred. 

7 (3) In the case of a proposed transfer of equip8 ment or supplies— 

9 (A) a statement of whether the inventory 

10 requirements of all elements of the Armed 

11 Forces (including the reserve components) for 

12 the type of equipment or supplies to be trans13 ferred have been met; and 

14 (B) a statement of whether the items pro15 posed to be transferred will have to be replaced 

16 and, if so, how the President proposes to pro17 vide funds for such replacement. 

18 SEC. 8050. None of the funds available to the De19 partment of Defense under this Act shall be obligated or 

20 expended to pay a contractor under a contract with the 

21 Department of Defense for costs of any amount paid by 

22 the contractor to an employee when— 

23 (1) such costs are for a bonus or otherwise in 

24 excess of the normal salary paid by the contractor 

25 to the employee; and 


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1 (2) such bonus is part of restructuring costs as2 sociated with a business combination. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8051. During the current fiscal year, no more 

5 than $30,000,000 of appropriations made in this Act 

6 under the heading ‘‘Operation and Maintenance, Defense7 Wide’’ may be transferred to appropriations available for 

8 the pay of military personnel, to be merged with, and to 

9 be available for the same time period as the appropriations 

10 to which transferred, to be used in support of such per11 sonnel in connection with support and services for eligible 

12 organizations and activities outside the Department of De13 fense pursuant to section 2012 of title 10, United States 

14 Code. 

15 SEC. 8052. During the current fiscal year, in the case 

16 of an appropriation account of the Department of Defense 

17 for which the period of availability for obligation has ex18 pired or which has closed under the provisions of section 

19 1552 of title 31, United States Code, and which has a 

20 negative unliquidated or unexpended balance, an obliga21 tion or an adjustment of an obligation may be charged 

22 to any current appropriation account for the same purpose 

23 as the expired or closed account if— 

24 (1) the obligation would have been properly 

25 chargeable (except as to amount) to the expired or 


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1 closed account before the end of the period of avail2 ability or closing of that account; 

3 (2) the obligation is not otherwise properly 

4 chargeable to any current appropriation account of 

5 the Department of Defense; and 

6 (3) in the case of an expired account, the obli7 gation is not chargeable to a current appropriation 

8 of the Department of Defense under the provisions 

9 of section 1405(b)(8) of the National Defense Au10 thorization Act for Fiscal Year 1991, Public Law 

11 101–510, as amended (31 U.S.C. 1551 note): Pro12 vided, That in the case of an expired account, if sub13 sequent review or investigation discloses that there 

14 was not in fact a negative unliquidated or unex15 pended balance in the account, any charge to a cur16 rent account under the authority of this section shall 

17 be reversed and recorded against the expired ac18 count: Provided further, That the total amount 

19 charged to a current appropriation under this sec20 tion may not exceed an amount equal to 1 percent 

21 of the total appropriation for that account. 

22 SEC. 8053. (a) Notwithstanding any other provision 

23 of law, the Chief of the National Guard Bureau may per24 mit the use of equipment of the National Guard Distance 

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1 able, reimbursable basis. The Chief of the National Guard 

2 Bureau shall establish the amount of reimbursement for 

3 such use on a case-by-case basis. 

4 (b) Amounts collected under subsection (a) shall be 

5 credited to funds available for the National Guard Dis6 tance Learning Project and be available to defray the costs 

7 associated with the use of equipment of the project under 

8 that subsection. Such funds shall be available for such 

9 purposes without fiscal year limitation. 

10 SEC. 8054. Using funds made available by this Act 

11 or any other Act, the Secretary of the Air Force, pursuant 

12 to a determination under section 2690 of title 10, United 

13 States Code, may implement cost-effective agreements for 

14 required heating facility modernization in the 

15 Kaiserslautern Military Community in the Federal Repub16 lic of Germany: Provided, That in the City of 

17 Kaiserslautern and at the Rhine Ordnance Barracks area, 

18 such agreements will include the use of United States an19 thracite as the base load energy for municipal district heat 

20 to the United States Defense installations: Provided fur21 ther, That at Landstuhl Army Regional Medical Center 

22 and Ramstein Air Base, furnished heat may be obtained 

23 from private, regional or municipal services, if provisions 

24 are included for the consideration of United States coal 

25 as an energy source. 


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1 SEC. 8055. None of the funds appropriated in title 

2 IV of this Act may be used to procure end-items for deliv3 ery to military forces for operational training, operational 

4 use or inventory requirements: Provided, That this restric5 tion does not apply to end-items used in development, 

6 prototyping, and test activities preceding and leading to 

7 acceptance for operational use: Provided further, That this 

8 restriction does not apply to programs funded within the 

9 National Intelligence Program: Provided further, That the 

10 Secretary of Defense may waive this restriction on a case11 by-case basis by certifying in writing to the Committees 

12 on Appropriations of the House of Representatives and the 

13 Senate that it is in the national security interest to do 

14 so. 

15 SEC. 8056. None of the funds made available in this 

16 Act may be used to approve or license the sale of the F– 

17 22A advanced tactical fighter to any foreign government: 

18 Provided, That the Department of Defense may conduct 

19 or participate in studies, research, design and other activi20 ties to define and develop a future export version of the 

21 F–22A that protects classified and sensitive information, 

22 technologies and U.S. warfighting capabilities. 

23 SEC. 8057. (a) The Secretary of Defense may, on a 

24 case-by-case basis, waive with respect to a foreign country 

25 each limitation on the procurement of defense items from 


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1 foreign sources provided in law if the Secretary determines 

2 that the application of the limitation with respect to that 

3 country would invalidate cooperative programs entered 

4 into between the Department of Defense and the foreign 

5 country, or would invalidate reciprocal trade agreements 

6 for the procurement of defense items entered into under 

7 section 2531 of title 10, United States Code, and the 

8 country does not discriminate against the same or similar 

9 defense items produced in the United States for that coun10 try. 

11 (b) Subsection (a) applies with respect to— 

12 (1) contracts and subcontracts entered into on 

13 or after the date of the enactment of this Act; and 

14 (2) options for the procurement of items that 

15 are exercised after such date under contracts that 

16 are entered into before such date if the option prices 

17 are adjusted for any reason other than the applica18 tion of a waiver granted under subsection (a). 

19 (c) Subsection (a) does not apply to a limitation re20 garding construction of public vessels, ball and roller bear21 ings, food, and clothing or textile materials as defined by 

22 section 11 (chapters 50–65) of the Harmonized Tariff 

23 Schedule and products classified under headings 4010, 

24 4202, 4203, 6401 through 6406, 6505, 7019, 7218 


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1 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

2 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

3 SEC. 8058. (a) None of the funds made available by 

4 this Act may be used to support any training program in5 volving a unit of the security forces or police of a foreign 

6 country if the Secretary of Defense has received credible 

7 information from the Department of State that the unit 

8 has committed a gross violation of human rights, unless 

9 all necessary corrective steps have been taken. 

10 (b) The Secretary of Defense, in consultation with the 

11 Secretary of State, shall ensure that prior to a decision 

12 to conduct any training program referred to in subsection 

13 (a), full consideration is given to all credible information 

14 available to the Department of State relating to human 

15 rights violations by foreign security forces. 

16 (c) The Secretary of Defense, after consultation with 

17 the Secretary of State, may waive the prohibition in sub18 section (a) if he determines that such waiver is required 

19 by extraordinary circumstances. 

20 (d) Not more than 15 days after the exercise of any 

21 waiver under subsection (c), the Secretary of Defense shall 

22 submit a report to the congressional defense committees 

23 describing the extraordinary circumstances, the purpose 

24 and duration of the training program, the United States 

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1 ing program, and the information relating to human rights 

2 violations that necessitates the waiver. 

3 SEC. 8059. None of the funds appropriated or made 

4 available in this Act to the Department of the Navy shall 

5 be used to develop, lease or procure the T–AKE class of 

6 ships unless the main propulsion diesel engines and 

7 propulsors are manufactured in the United States by a 

8 domestically operated entity: Provided, That the Secretary 

9 of Defense may waive this restriction on a case-by-case 

10 basis by certifying in writing to the Committees on Appro11 priations of the House of Representatives and the Senate 

12 that adequate domestic supplies are not available to meet 

13 Department of Defense requirements on a timely basis 

14 and that such an acquisition must be made in order to 

15 acquire capability for national security purposes or there 

16 exists a significant cost or quality difference. 

17 SEC. 8060. None of the funds appropriated or other18 wise made available by this or other Department of De19 fense Appropriations Acts may be obligated or expended 

20 for the purpose of performing repairs or maintenance to 

21 military family housing units of the Department of De22 fense, including areas in such military family housing 

23 units that may be used for the purpose of conducting offi24 cial Department of Defense business. 


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1 SEC. 8061. Notwithstanding any other provision of 

2 law, funds appropriated in this Act under the heading 

3 ‘‘Research, Development, Test and Evaluation, Defense4 Wide’’ for any new start advanced concept technology 

5 demonstration project or joint capability demonstration 

6 project may only be obligated 30 days after a report, in7 cluding a description of the project, the planned acquisi8 tion and transition strategy and its estimated annual and 

9 total cost, has been provided in writing to the congres10 sional defense committees: Provided, That the Secretary 

11 of Defense may waive this restriction on a case-by-case 

12 basis by certifying to the congressional defense committees 

13 that it is in the national interest to do so. 

14 SEC. 8062. The Secretary of Defense shall provide 

15 a classified quarterly report beginning 30 days after enact16 ment of this Act, to the House and Senate Appropriations 

17 Committees, Subcommittees on Defense on certain mat18 ters as directed in the classified annex accompanying this 

19 Act. 

20 SEC. 8063. During the current fiscal year, none of 

21 the funds available to the Department of Defense may be 

22 used to provide support to another department or agency 

23 of the United States if such department or agency is more 

24 than 90 days in arrears in making payment to the Depart25 ment of Defense for goods or services previously provided 


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1 to such department or agency on a reimbursable basis: 

2 Provided, That this restriction shall not apply if the de3 partment is authorized by law to provide support to such 

4 department or agency on a nonreimbursable basis, and is 

5 providing the requested support pursuant to such author6 ity: Provided further, That the Secretary of Defense may 

7 waive this restriction on a case-by-case basis by certifying 

8 in writing to the Committees on Appropriations of the 

9 House of Representatives and the Senate that it is in the 

10 national security interest to do so. 

11 SEC. 8064. Notwithstanding section 12310(b) of title 

12 10, United States Code, a Reserve who is a member of 

13 the National Guard serving on full-time National Guard 

14 duty under section 502(f) of title 32, United States Code, 

15 may perform duties in support of the ground-based ele16 ments of the National Ballistic Missile Defense System. 

17 SEC. 8065. None of the funds provided in this Act 

18 may be used to transfer to any nongovernmental entity 

19 ammunition held by the Department of Defense that has 

20 a center-fire cartridge and a United States military no21 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

22 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

23 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an 

24 entity performing demilitarization services for the Depart25 ment of Defense under a contract that requires the entity 


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1 to demonstrate to the satisfaction of the Department of 

2 Defense that armor piercing projectiles are either: (1) ren3 dered incapable of reuse by the demilitarization process; 

4 or (2) used to manufacture ammunition pursuant to a con5 tract with the Department of Defense or the manufacture 

6 of ammunition for export pursuant to a License for Per7 manent Export of Unclassified Military Articles issued by 

8 the Department of State. 

9 SEC. 8066. Notwithstanding any other provision of 

10 law, the Chief of the National Guard Bureau, or his des11 ignee, may waive payment of all or part of the consider12 ation that otherwise would be required under section 2667 

13 of title 10, United States Code, in the case of a lease of 

14 personal property for a period not in excess of 1 year to 

15 any organization specified in section 508(d) of title 32, 

16 United States Code, or any other youth, social, or fra17 ternal nonprofit organization as may be approved by the 

18 Chief of the National Guard Bureau, or his designee, on 

19 a case-by-case basis. 

20 SEC. 8067. None of the funds appropriated by this 

21 Act shall be used for the support of any nonappropriated 

22 funds activity of the Department of Defense that procures 

23 malt beverages and wine with nonappropriated funds for 

24 resale (including such alcoholic beverages sold by the 

25 drink) on a military installation located in the United 


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1 States unless such malt beverages and wine are procured 

2 within that State, or in the case of the District of Colum3 bia, within the District of Columbia, in which the military 

4 installation is located: Provided, That in a case in which 

5 the military installation is located in more than one State, 

6 purchases may be made in any State in which the installa7 tion is located: Provided further, That such local procure8 ment requirements for malt beverages and wine shall 

9 apply to all alcoholic beverages only for military installa10 tions in States which are not contiguous with another 

11 State: Provided further, That alcoholic beverages other 

12 than wine and malt beverages, in contiguous States and 

13 the District of Columbia shall be procured from the most 

14 competitive source, price and other factors considered. 

15 SEC. 8068. Funds available to the Department of De16 fense for the Global Positioning System during the current 

17 fiscal year, and hereafter, may be used to fund civil re18 quirements associated with the satellite and ground con19 trol segments of such system’s modernization program. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8069. Of the amounts appropriated in this Act 

22 under the heading ‘‘Operation and Maintenance, Army’’, 

23 $147,258,300 shall remain available until expended: Pro24 vided, That notwithstanding any other provision of law, 

25 the Secretary of Defense is authorized to transfer such 


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1 funds to other activities of the Federal Government: Pro2 vided further, That the Secretary of Defense is authorized 

3 to enter into and carry out contracts for the acquisition 

4 of real property, construction, personal services, and oper5 ations related to projects carrying out the purposes of this 

6 section: Provided further, That contracts entered into 

7 under the authority of this section may provide for such 

8 indemnification as the Secretary determines to be nec9 essary: Provided further, That projects authorized by this 

10 section shall comply with applicable Federal, State, and 

11 local law to the maximum extent consistent with the na12 tional security, as determined by the Secretary of Defense. 

13 SEC. 8070. Section 8106 of the Department of De14 fense Appropriations Act, 1997 (titles I through VIII of 

15 the matter under subsection 101(b) of Public Law 104– 

16 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con17 tinue in effect to apply to disbursements that are made 

18 by the Department of Defense in fiscal year 2011. 

19 SEC. 8071. In addition to amounts provided else20 where in this Act, $4,000,000 is hereby appropriated to 

21 the Department of Defense, to remain available for obliga22 tion until expended: Provided, That notwithstanding any 

23 other provision of law, that upon the determination of the 

24 Secretary of Defense that it shall serve the national inter25 est, these funds shall be available only for a grant to the 


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1 Fisher House Foundation, Inc., only for the construction 

2 and furnishing of additional Fisher Houses to meet the 

3 needs of military family members when confronted with 

4 the illness or hospitalization of an eligible military bene5 ficiary. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8072. Of the amounts appropriated in this Act 

8 under the headings ‘‘Procurement, Defense-Wide’’ and 

9 ‘‘Research, Development, Test and Evaluation, Defense10 Wide’’, $415,115,000 shall be for the Israeli Cooperative 

11 Programs: Provided, That of this amount, $205,000,000 

12 shall be for the Secretary of Defense to provide to the Gov13 ernment of Israel for the procurement of the Iron Dome 

14 defense system to counter short-range rocket threats, 

15 $84,722,000 shall be for the Short Range Ballistic Missile 

16 Defense (SRBMD) program, including cruise missile de17 fense research and development under the SRBMD pro18 gram, $58,966,000 shall be available for an upper-tier 

19 component to the Israeli Missile Defense Architecture, and 

20 $66,427,000 shall be for the Arrow System Improvement 

21 Program including development of a long range, ground 

22 and airborne, detection suite, of which $12,000,000 shall 

23 be for producing Arrow missile components in the United 

24 States and Arrow missile components in Israel to meet 

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1 tion’s laws, regulations and procedures: Provided further, 

2 That funds made available under this provision for pro3 duction of missiles and missile components may be trans4 ferred to appropriations available for the procurement of 

5 weapons and equipment, to be merged with and to be 

6 available for the same time period and the same purposes 

7 as the appropriation to which transferred: Provided fur8 ther, That the transfer authority provided under this pro9 vision is in addition to any other transfer authority con10 tained in this Act. 

11 SEC. 8073. None of the funds available to the De12 partment of Defense may be obligated to modify command 

13 and control relationships to give Fleet Forces Command 

14 administrative and operational control of U.S. Navy forces 

15 assigned to the Pacific fleet: Provided, That the command 

16 and control relationships which existed on October 1, 

17 2004, shall remain in force unless changes are specifically 

18 authorized in a subsequent Act. 

19 SEC. 8074. Notwithstanding any other provision of 

20 law or regulation, the Secretary of Defense may exercise 

21 the provisions of section 7403(g) of title 38, United States 

22 Code, for occupations listed in section 7403(a)(2) of title 

23 38, United States Code, as well as the following: 

24 Pharmacists, Audiologists, Psychologists, Social 

25 Workers, Othotists/Prosthetists, Occupational 


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1 Therapists, Physical Therapists, Rehabilitation 

2 Therapists, Respiratory Therapists, Speech Patholo3 gists, Dietitian/Nutritionists, Industrial Hygienists, 

4 Psychology Technicians, Social Service Assistants, 

5 Practical Nurses, Nursing Assistants, and Dental 

6 Hygienists: 

7 (A) The requirements of section 

8 7403(g)(1)(A) of title 38, United States Code, 

9 shall apply. 

10 (B) The limitations of section 

11 7403(g)(1)(B) of title 38, United States Code, 

12 shall not apply. 

13 SEC. 8075. Funds appropriated by this Act, or made 

14 available by the transfer of funds in this Act, for intel15 ligence activities are deemed to be specifically authorized 

16 by the Congress for purposes of section 504 of the Na17 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

18 year 2011 until the enactment of the Intelligence Author19 ization Act for Fiscal Year 2011. 

20 SEC. 8076. None of the funds provided in this Act 

21 shall be available for obligation or expenditure through a 

22 reprogramming of funds that creates or initiates a new 

23 program, project, or activity unless such program, project, 

24 or activity must be undertaken immediately in the interest 


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1 of national security and only after written prior notifica2 tion to the congressional defense committees. 

3 SEC. 8077. The budget of the President for fiscal 

4 year 2012 submitted to the Congress pursuant to section 

5 1105 of title 31, United States Code, shall include sepa6 rate budget justification documents for costs of United 

7 States Armed Forces’ participation in contingency oper8 ations for the Military Personnel accounts, the Operation 

9 and Maintenance accounts, and the Procurement ac10 counts: Provided, That these documents shall include a de11 scription of the funding requested for each contingency op12 eration, for each military service, to include all Active and 

13 Reserve components, and for each appropriations account: 

14 Provided further, That these documents shall include esti15 mated costs for each element of expense or object class, 

16 a reconciliation of increases and decreases for each contin17 gency operation, and programmatic data including, but 

18 not limited to, troop strength for each Active and Reserve 

19 component, and estimates of the major weapons systems 

20 deployed in support of each contingency: Provided further, 

21 That these documents shall include budget exhibits OP– 

22 5 and OP–32 (as defined in the Department of Defense 

23 Financial Management Regulation) for all contingency op24 erations for the budget year and the two preceding fiscal 

25 years. 


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1 SEC. 8078. None of the funds in this Act may be 

2 used for research, development, test, evaluation, procure3 ment or deployment of nuclear armed interceptors of a 

4 missile defense system. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8079. In addition to the amounts appropriated 

7 or otherwise made available elsewhere in this Act, 

8 $65,200,000 is hereby appropriated to the Department of 

9 Defense: Provided, That upon the determination of the 

10 Secretary of Defense that it shall serve the national inter11 est, he shall make grants in the amounts specified as fol12 lows: $20,000,000 to the United Service Organizations; 

13 $24,000,000 to the Red Cross; $1,200,000 to the Special 

14 Olympics; and $20,000,000 to the Youth Mentoring 

15 Grants Program: Provided further, That funds available 

16 in this section for the Youth Mentoring Grants Program 

17 may be available for transfer to the Department of Justice 

18 Youth Mentoring Grants Program. 

19 SEC. 8080. None of the funds appropriated or made 

20 available in this Act shall be used to reduce or disestablish 

21 the operation of the 53rd Weather Reconnaissance Squad22 ron of the Air Force Reserve, if such action would reduce 

23 the WC–130 Weather Reconnaissance mission below the 

24 levels funded in this Act: Provided, That the Air Force 

25 shall allow the 53rd Weather Reconnaissance Squadron to 


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1 perform other missions in support of national defense re2 quirements during the non-hurricane season. 

3 SEC. 8081. None of the funds provided in this Act 

4 shall be available for integration of foreign intelligence in5 formation unless the information has been lawfully col6 lected and processed during the conduct of authorized for7 eign intelligence activities: Provided, That information 

8 pertaining to United States persons shall only be handled 

9 in accordance with protections provided in the Fourth 

10 Amendment of the United States Constitution as imple11 mented through Executive Order No. 12333. 

12 SEC. 8082. (a) At the time members of reserve com13 ponents of the Armed Forces are called or ordered to ac14 tive duty under section 12302(a) of title 10, United States 

15 Code, each member shall be notified in writing of the ex16 pected period during which the member will be mobilized. 

17 (b) The Secretary of Defense may waive the require18 ments of subsection (a) in any case in which the Secretary 

19 determines that it is necessary to do so to respond to a 

20 national security emergency or to meet dire operational 

21 requirements of the Armed Forces. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8083. The Secretary of Defense may transfer 

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1 priation for the purpose of liquidating necessary changes 

2 resulting from inflation, market fluctuations, or rate ad3 justments for any ship construction program appropriated 

4 in law: Provided, That the Secretary may transfer not to 

5 exceed $100,000,000 under the authority provided by this 

6 section: Provided further, That the Secretary may not 

7 transfer any funds until 30 days after the proposed trans8 fer has been reported to the Committees on Appropria9 tions of the House of Representatives and the Senate, un10 less a response from the Committees is received sooner: 

11 Provided further, That any funds transferred pursuant to 

12 this section shall retain the same period of availability as 

13 when originally appropriated: Provided further, That the 

14 transfer authority provided by this section is in addition 

15 to any other transfer authority contained elsewhere in this 

16 Act. 

17 SEC. 8084. For purposes of section 7108 of title 41, 

18 United States Code, any subdivision of appropriations 

19 made under the heading ‘‘Shipbuilding and Conversion, 

20 Navy’’ that is not closed at the time reimbursement is 

21 made shall be available to reimburse the Judgment Fund 

22 and shall be considered for the same purposes as any sub23 division under the heading ‘‘Shipbuilding and Conversion, 

24 Navy’’ appropriations in the current fiscal year or any 

25 prior fiscal year. 


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1 SEC. 8085. (a) None of the funds appropriated by 

2 this Act may be used to transfer research and develop3 ment, acquisition, or other program authority relating to 

4 current tactical unmanned aerial vehicles (TUAVs) from 

5 the Army. 

6 (b) The Army shall retain responsibility for and oper7 ational control of the MQ–1C Sky Warrior Unmanned 

8 Aerial Vehicle (UAV) in order to support the Secretary 

9 of Defense in matters relating to the employment of un10 manned aerial vehicles. 

11 SEC. 8086. Notwithstanding any other provision of 

12 law or regulation, during the current fiscal year and here13 after, the Secretary of Defense may adjust wage rates for 

14 civilian employees hired for certain health care occupa15 tions as authorized for the Secretary of Veterans Affairs 

16 by section 7455 of title 38, United States Code. 

17 SEC. 8087. Up to $15,000,000 of the funds appro18 priated under the heading ‘‘Operation and Maintenance, 

19 Navy’’ may be made available for the Asia Pacific Re20 gional Initiative Program for the purpose of enabling the 

21 Pacific Command to execute Theater Security Cooperation 

22 activities such as humanitarian assistance, and payment 

23 of incremental and personnel costs of training and exer24 cising with foreign security forces: Provided, That funds 

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1 standing any other funding authorities for humanitarian 

2 assistance, security assistance or combined exercise ex3 penses: Provided further, That funds may not be obligated 

4 to provide assistance to any foreign country that is other5 wise prohibited from receiving such type of assistance 

6 under any other provision of law. 

7 SEC. 8088. None of the funds appropriated by this 

8 Act for programs of the Office of the Director of National 

9 Intelligence shall remain available for obligation beyond 

10 the current fiscal year, except for funds appropriated for 

11 research and technology, which shall remain available until 

12 September 30, 2012. 

13 SEC. 8089. For purposes of section 1553(b) of title 

14 31, United States Code, any subdivision of appropriations 

15 made in this Act under the heading ‘‘Shipbuilding and 

16 Conversion, Navy’’ shall be considered to be for the same 

17 purpose as any subdivision under the heading ‘‘Ship18 building and Conversion, Navy’’ appropriations in any 

19 prior fiscal year, and the 1 percent limitation shall apply 

20 to the total amount of the appropriation. 

21 SEC. 8090. Notwithstanding any other provision of 

22 law, not more than 35 percent of funds provided in this 

23 Act for environmental remediation may be obligated under 

24 indefinite delivery/indefinite quantity contracts with a 

25 total contract value of $130,000,000 or higher. 


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1 SEC. 8091. The Director of National Intelligence 

2 shall include the budget exhibits identified in paragraphs 

3 (1) and (2) as described in the Department of Defense 

4 Financial Management Regulation with the congressional 

5 budget justification books: 

6 (1) For procurement programs requesting more 

7 than $20,000,000 in any fiscal year, the P–1, Pro8 curement Program; P–5, Cost Analysis; P–5a, Pro9 curement History and Planning; P–21, Production 

10 Schedule; and P–40, Budget Item Justification. 

11 (2) For research, development, test and evalua12 tion projects requesting more than $10,000,000 in 

13 any fiscal year, the R–1, RDT&E Program; R–2, 

14 RDT&E Budget Item Justification; R–3, RDT&E 

15 Project Cost Analysis; and R–4, RDT&E Program 

16 Schedule Profile. 

17 SEC. 8092. The Secretary of Defense shall create a 

18 major force program category for space for each future19 years defense program of the Department of Defense sub20 mitted to Congress under section 221 of title 10, United 

21 States Code, during fiscal year 2011. The Secretary of De22 fense shall designate an official in the Office of the Sec23 retary of Defense to provide overall supervision of the 

24 preparation and justification of program recommendations 


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1 and budget proposals to be included in such major force 

2 program category. 

3 SEC. 8093. (a) Not later than 60 days after enact4 ment of this Act, the Office of the Director of National 

5 Intelligence shall submit a report to the congressional in6 telligence committees to establish the baseline for applica7 tion of reprogramming and transfer authorities for fiscal 

8 year 2011: Provided, That the report shall include— 

9 (1) a table for each appropriation with a sepa10 rate column to display the President’s budget re11 quest, adjustments made by Congress, adjustments 

12 due to enacted rescissions, if appropriate, and the 

13 fiscal year enacted level; 

14 (2) a delineation in the table for each appro15 priation by Expenditure Center and project; and 

16 (3) an identification of items of special congres17 sional interest. 

18 (b) None of the funds provided for the National Intel19 ligence Program in this Act shall be available for re20 programming or transfer until the report identified in sub21 section (a) is submitted to the congressional intelligence 

22 committees, unless the Director of National Intelligence 

23 certifies in writing to the congressional intelligence com24 mittees that such reprogramming or transfer is necessary 

25 as an emergency requirement. 


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1 SEC. 8094. The Director of National Intelligence 

2 shall submit to Congress each year, at or about the time 

3 that the President’s budget is submitted to Congress that 

4 year under section 1105(a) of title 31, United States 

5 Code, a future-years intelligence program (including asso6 ciated annexes) reflecting the estimated expenditures and 

7 proposed appropriations included in that budget. Any such 

8 future-years intelligence program shall cover the fiscal 

9 year with respect to which the budget is submitted and 

10 at least the four succeeding fiscal years. 

11 SEC. 8095. For the purposes of this Act, the term 

12 ‘‘congressional intelligence committees’’ means the Perma13 nent Select Committee on Intelligence of the House of 

14 Representatives, the Select Committee on Intelligence of 

15 the Senate, the Subcommittee on Defense of the Com16 mittee on Appropriations of the House of Representatives, 

17 and the Subcommittee on Defense of the Committee on 

18 Appropriations of the Senate. 

19 SEC. 8096. The Department of Defense shall con20 tinue to report incremental contingency operations costs 

21 for Operation New Dawn and Operation Enduring Free22 dom on a monthly basis in the Cost of War Execution 

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1 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

2 Operations’’, Annex 1, dated September 2005. 

3 SEC. 8097. The amounts appropriated in title II of 

4 this Act are hereby reduced by $483,000,000 to reflect 

5 excess cash balances in Department of Defense Working 

6 Capital Funds, as follows: From ‘‘Operation and Mainte7 nance, Army’’, $483,000,000. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8098. During the current fiscal year, not to ex10 ceed $11,000,000 from each of the appropriations made 

11 in title II of this Act for ‘‘Operation and Maintenance, 

12 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper13 ation and Maintenance, Air Force’’ may be transferred by 

14 the military department concerned to its central fund es15 tablished for Fisher Houses and Suites pursuant to sec16 tion 2493(d) of title 10, United States Code. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8099. Of the funds appropriated in the Intel19 ligence Community Management Account for the Program 

20 Manager for the Information Sharing Environment, 

21 $24,000,000 is available for transfer by the Director of 

22 National Intelligence to other departments and agencies 

23 for purposes of Government-wide information sharing ac24 tivities: Provided, That funds transferred under this provi25 sion are to be merged with and available for the same purVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 poses and time period as the appropriation to which trans2 ferred: Provided further, That the Office of Management 

3 and Budget must approve any transfers made under this 

4 provision. 

5 SEC. 8100. Funds appropriated by this Act for oper6 ation and maintenance may be available for the purpose 

7 of making remittances to the Defense Acquisition Work8 force Development Fund in accordance with the require9 ments of section 1705 of title 10, United States Code. 

10 SEC. 8101. (a) Any agency receiving funds made 

11 available in this Act, shall, subject to subsections (b) and 

12 (c), post on the public website of that agency any report 

13 required to be submitted by the Congress in this or any 

14 other Act, upon the determination by the head of the agen15 cy that it shall serve the national interest. 

16 (b) Subsection (a) shall not apply to a report if— 

17 (1) the public posting of the report com18 promises national security; or 

19 (2) the report contains proprietary information. 

20 (c) The head of the agency posting such report shall 

21 do so only after such report has been made available to 

22 the requesting Committee or Committees of Congress for 

23 no less than 45 days. 

24 SEC. 8102. (a) None of the funds appropriated or 

25 otherwise made available by this Act may be expended for 


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1 any Federal contract for an amount in excess of 

2 $1,000,000 unless the contractor agrees not to— 

3 (1) enter into any agreement with any of its 

4 employees or independent contractors that requires, 

5 as a condition of employment, that the employee or 

6 independent contractor agree to resolve through ar7 bitration any claim under title VII of the Civil 

8 Rights Act of 1964 or any tort related to or arising 

9 out of sexual assault or harassment, including as10 sault and battery, intentional infliction of emotional 

11 distress, false imprisonment, or negligent hiring, su12 pervision, or retention; or 

13 (2) take any action to enforce any provision of 

14 an existing agreement with an employee or inde15 pendent contractor that mandates that the employee 

16 or independent contractor resolve through arbitra17 tion any claim under title VII of the Civil Rights Act 

18 of 1964 or any tort related to or arising out of sex19 ual assault or harassment, including assault and 

20 battery, intentional infliction of emotional distress, 

21 false imprisonment, or negligent hiring, supervision, 

22 or retention. 

23 (b) None of the funds appropriated or otherwise 

24 made available by this Act may be expended for any Fed25 eral contract unless the contractor certifies that it requires 


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1 each covered subcontractor to agree not to enter into, and 

2 not to take any action to enforce any provision of, any 

3 agreement as described in paragraphs (1) and (2) of sub4 section (a), with respect to any employee or independent 

5 contractor performing work related to such subcontract. 

6 For purposes of this subsection, a ‘‘covered subcon7 tractor’’ is an entity that has a subcontract in excess of 

8 $1,000,000 on a contract subject to subsection (a). 

9 (c) The prohibitions in this section do not apply with 

10 respect to a contractor’s or subcontractor’s agreements 

11 with employees or independent contractors that may not 

12 be enforced in a court of the United States. 

13 (d) The Secretary of Defense may waive the applica14 tion of subsection (a) or (b) to a particular contractor or 

15 subcontractor for the purposes of a particular contract or 

16 subcontract if the Secretary or the Deputy Secretary per17 sonally determines that the waiver is necessary to avoid 

18 harm to national security interests of the United States, 

19 and that the term of the contract or subcontract is not 

20 longer than necessary to avoid such harm. The determina21 tion shall set forth with specificity the grounds for the 

22 waiver and for the contract or subcontract term selected, 

23 and shall state any alternatives considered in lieu of a 

24 waiver and the reasons each such alternative would not 

25 avoid harm to national security interests of the United 


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1 States. The Secretary of Defense shall transmit to Con2 gress, and simultaneously make public, any determination 

3 under this subsection not less than 15 business days be4 fore the contract or subcontract addressed in the deter5 mination may be awarded. 

6 (e) By March 1, 2011, or within 60 days after enact7 ment of this Act, whichever is later, the Government Ac8 countability Office shall submit a report to the Congress 

9 evaluating the effect that the requirements of this section 

10 have had on national security, including recommendations, 

11 if any, for changes to these requirements. 

12 SEC. 8103. (a) PROHIBITION ON CONVERSION OF

13 FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO

14 CONTRACTOR PERFORMANCE.—None of the funds appro15 priated by this Act or otherwise available to the Depart16 ment of Defense may be used to begin or announce the 

17 competition to award to a contractor or convert to per18 formance by a contractor any functions performed by Fed19 eral employees pursuant to a study conducted under Office 

20 of Management and Budget (OMB) Circular A–76. 

21 (b) EXCEPTION.—The prohibition in subsection (a) 

22 shall not apply to the award of a function to a contractor 

23 or the conversion of a function to performance by a con24 tractor pursuant to a study conducted under Office of 

25 Management and Budget (OMB) Circular A–76 once all 


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1 reporting and certifications required by section 325 of the 

2 National Defense Authorization Act for Fiscal Year 2010 

3 (Public Law 111–84) have been satisfactorily completed. 

4 SEC. 8104. (a)(1) No National Intelligence Program 

5 funds appropriated in this Act may be used for a mission 

6 critical or mission essential business management infor7 mation technology system that is not registered with the 

8 Director of National Intelligence. A system shall be con9 sidered to be registered with that officer upon the fur10 nishing notice of the system, together with such informa11 tion concerning the system as the Director of the Business 

12 Transformation Office may prescribe. 

13 (2) During the current fiscal year no funds may be 

14 obligated or expended for a financial management auto15 mated information system, a mixed information system 

16 supporting financial and non-financial systems, or a busi17 ness system improvement of more than $3,000,000, within 

18 the Intelligence Community without the approval of the 

19 Business Transformation Office, and the designated Intel20 ligence Community functional lead element. 

21 (b) The Director of the Business Transformation Of22 fice shall provide the congressional intelligence committees 

23 a semi-annual report of approvals under paragraph (1) no 

24 later than March 30 and September 30 of each year. The 

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1 formation Investment Review Board’s semi-annual activi2 ties, and each report shall certify that the following steps 

3 have been taken for systems approved under paragraph 

4 (1): 

5 (1) Business process reengineering. 

6 (2) An analysis of alternatives and an economic 

7 analysis that includes a calculation of the return on 

8 investment. 

9 (3) Assurance the system is compatible with the 

10 enterprise-wide business architecture. 

11 (4) Performance measures. 

12 (5) An information assurance strategy con13 sistent with the Chief Information Officer of the In14 telligence Community. 

15 (c) This section shall not apply to any programmatic 

16 or analytic systems or programmatic or analytic system 

17 improvements. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8105. Of the funds appropriated in this Act for 

20 the Office of the Director of National Intelligence, 

21 $50,000,000, may be transferred to appropriations avail22 able to the Central Intelligence Agency, the National Secu23 rity Agency, and the National Geospatial Intelligence 

24 Agency, the Defense Intelligence Agency and the National 

25 Reconnaissance Office for the Business Transformation 


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1 Transfer Funds, to be merged with and to be available 

2 for the same time period and the same purposes as the 

3 appropriation to which transferred: Provided, That the 

4 transfer authority provided under this provision is in addi5 tion to any other transfer authority contained in this Act. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 8106. In addition to funds made available else8 where in this Act, there is hereby appropriated 

9 $538,875,000, to remain available until transferred: Pro10 vided, That these funds are appropriated to the ‘‘Tanker 

11 Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ 

12 elsewhere in this section): Provided further, That the Sec13 retary of the Air Force may transfer amounts in the Fund 

14 to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft 

15 Procurement, Air Force’’, and ‘‘Research, Development, 

16 Test and Evaluation, Air Force’’, only for the purposes 

17 of proceeding with a tanker acquisition program: Provided 

18 further, That funds transferred shall be merged with and 

19 be available for the same purposes and for the same time 

20 period as the appropriations or fund to which transferred: 

21 Provided further, That this transfer authority is in addi22 tion to any other transfer authority available to the De23 partment of Defense: Provided further, That the Secretary 

24 of the Air Force shall, not fewer than 15 days prior to 

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1 tify the congressional defense committees in writing of the 

2 details of any such transfer: Provided further, That the 

3 Secretary shall submit a report no later than 30 days after 

4 the end of each fiscal quarter to the congressional defense 

5 committees summarizing the details of the transfer of 

6 funds from this appropriation. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 8107. From within the funds appropriated for 

9 operation and maintenance for the Defense Health Pro10 gram in this Act, up to $132,200,000, shall be available 

11 for transfer to the Joint Department of Defense-Depart12 ment of Veterans Affairs Medical Facility Demonstration 

13 Fund in accordance with the provisions of section 1704 

14 of the National Defense Authorization Act for Fiscal Year 

15 2010, Public Law 111–84: Provided, That for purposes 

16 of section 1704(b), the facility operations funded are oper17 ations of the integrated Captain James A. Lovell Federal 

18 Health Care Center, consisting of the North Chicago Vet19 erans Affairs Medical Center, the Navy Ambulatory Care 

20 Center, and supporting facilities designated as a combined 

21 Federal medical facility as described by section 706 of 

22 Public Law 110–417: Provided further, That additional 

23 funds may be transferred from funds appropriated for op24 eration and maintenance for the Defense Health Program 

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1 erans Affairs Medical Facility Demonstration Fund upon 

2 written notification by the Secretary of Defense to the 

3 Committees on Appropriations of the House of Represent4 atives and the Senate. 

5 SEC. 8108. (a) Of the amounts made available in this 

6 Act under the heading ‘‘Operation and Maintenance, 

7 Navy’’, not less than $2,000,000, shall be made available 

8 for leveraging the Army’s Contractor Manpower Reporting 

9 Application, modified as appropriate for Service-specific 

10 requirements, for documenting the number of full-time 

11 contractor employees (or its equivalent) pursuant to 

12 United States Code title 10, section 2330a(c) and meeting 

13 the requirements of United States Code title 10, section 

14 2330a(e) and United States Code title 10, section 235. 

15 (b) Of the amounts made available in this Act under 

16 the heading ‘‘Operation and Maintenance, Air Force’’, not 

17 less than $2,000,000 shall be made available for 

18 leveraging the Army’s Contractor Manpower Reporting 

19 Application, modified as appropriate for Service-specific 

20 requirements, for documenting the number of full-time 

21 contractor employees (or its equivalent) pursuant to 

22 United States Code title 10 section 2330a(c) and meeting 

23 the requirements of United States Code title 10, section 

24 2330a(e) and United States Code title 10, section 235. 


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1 (c) The Secretaries of the Army, Navy, Air Force, 

2 and the Directors of the Defense Agencies and Field Ac3 tivities (in coordination with the appropriate Principal 

4 Staff Assistant), in coordination with the Under Secretary 

5 of Defense for Personnel and Readiness, shall report to 

6 the congressional defense committees within 60 days of 

7 enactment of this Act their plan for documenting the num8 ber of full-time contractor employees (or its equivalent), 

9 as required by United States Code title 10, section 2330a. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8109. In addition to amounts provided else12 where in this Act, there is appropriated $250,000,000, for 

13 an additional amount for ‘‘Operation and Maintenance, 

14 Defense-Wide’’, to be available until expended: Provided, 

15 That such funds shall only be available to the Secretary 

16 of Defense, acting through the Office of Economic Adjust17 ment of the Department of Defense, or for transfer to the 

18 Secretary of Education, notwithstanding any other provi19 sion of law, to make grants, conclude cooperative agree20 ments, or supplement other Federal funds to construct, 

21 renovate, repair, or expand elementary and secondary pub22 lic schools on military installations in order to address ca23 pacity or facility condition deficiencies at such schools: 

24 Provided further, That in making such funds available, the 

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1 cation shall give priority consideration to those military 

2 installations with schools having the most serious capacity 

3 or facility condition deficiencies as determined by the Sec4 retary of Defense. 

5 SEC. 8110. In addition to amounts provided else6 where in this Act, there is appropriated $300,000,000, for 

7 an additional amount for ‘‘Operation and Maintenance, 

8 Defense-Wide’’, to remain available until expended. Such 

9 funds may be available for the Office of Economic Adjust10 ment, notwithstanding any other provision of law, for 

11 transportation infrastructure improvements associated 

12 with medical facilities related to recommendations of the 

13 Defense Base Closure and Realignment Commission. 

14 SEC. 8111. Section 310(b) of the Supplemental Ap15 propriations Act, 2009 (Public Law 111–32; 124 Stat. 

16 1871) is amended by striking ‘‘1 year’’ both places it ap17 pears and inserting ‘‘2 years’’. 

18 SEC. 8112. The Office of the Director of National 

19 Intelligence shall not employ more Senior Executive em20 ployees than are specified in the classified annex: Pro21 vided, That not later than 90 days after enactment of this 

22 Act, the Director of National Intelligence shall certify that 

23 the Office of the Director of National Intelligence selects 

24 individuals for Senior Executive positions in a manner 

25 consistent with statutes, regulations, and the requirements 


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1 of other Federal agencies in making such appointments 

2 and will submit its policies and procedures related to the 

3 appointment of personnel to Senior Executive positions to 

4 the congressional intelligence oversight committees. 

5 SEC. 8113. For all major defense acquisition pro6 grams for which the Department of Defense plans to pro7 ceed to source selection during the current fiscal year, the 

8 Secretary of Defense shall perform an assessment of the 

9 winning bidder to determine whether or not the proposed 

10 costs are realistic and reasonable with respect to proposed 

11 development and production costs. The Secretary of De12 fense shall provide a report of these assessments, to spe13 cifically include whether any cost assessments determined 

14 that such proposed costs were unreasonable or unrealistic, 

15 to the congressional defense committees not later than 60 

16 days after enactment of this Act and on a quarterly basis 

17 thereafter. 

18 SEC. 8114. (a) The Deputy Under Secretary of De19 fense for Installations and Environment, in collaboration 

20 with the Secretary of Energy, shall conduct energy secu21 rity pilot projects at facilities of the Department of De22 fense. 

23 (b) In addition to the amounts provided elsewhere in 

24 this Act, $20,000,000, is appropriated to the Department 

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1 Wide’’ for energy security pilot projects under subsection 

2 (a). 

3 SEC. 8115. None of the funds appropriated or other4 wise made available by this Act may be obligated or ex5 pended to pay a retired general or flag officer to serve 

6 as a senior mentor advising the Department of Defense 

7 unless such retired officer files a Standard Form 278 (or 

8 successor form concerning public financial disclosure 

9 under part 2634 of title 5, Code of Federal Regulations) 

10 to the Office of Government Ethics. 

11 SEC. 8116. Not later than 180 days after the date 

12 of the enactment of this Act, the Secretary of Defense, 

13 the Chief of the Air Force Reserve, and the Director of 

14 the National Guard Bureau, in collaboration with the Sec15 retary of Agriculture and the Secretary of the Interior, 

16 shall submit to the Committees on Appropriations of the 

17 House and Senate, the House Committee on Agriculture, 

18 the Senate Committee on Agriculture, Nutrition and For19 estry, the House Committee on Natural Resources, and 

20 the Senate Committee on Energy and Natural Resources 

21 a report of firefighting aviation assets. The report re22 quired under this section shall include each of the fol23 lowing: 

24 (1) A description of the programming details 

25 necessary to obtain an appropriate mix of fixed wing 


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1 and rotor wing firefighting assets needed to produce 

2 an effective aviation resource base to support the 

3 wildland fire management program into the future. 

4 Such programming details shall include the acquisi5 tion and contracting needs of the mix of aviation re6 sources fleet, including the acquisition of up to 24 

7 C–130Js equipped with the Mobile Airborne Fire 

8 Fighting System II (in this section referred to as 

9 ‘‘MAFFS’’), to be acquired over several fiscal years 

10 starting in fiscal year 2012. 

11 (2) The costs associated with acquisition and 

12 contracting of the aviation assets described in para13 graph (1). 

14 (3) A description of the costs of the operation, 

15 maintenance, and sustainment of a fixed and rotor 

16 wing aviation fleet, including a C–130J/MAFFS II 

17 in an Air National Guard tactical airlift unit con18 struct of 4, 6, or 8 C–130Js per unit starting in fis19 cal year 2012, projected out through fiscal year 

20 2020. Such description shall include the projected 

21 costs associated with each of the following through 

22 fiscal year 2020: 

23 (A) Crew ratio based on 4, 6, or 8 C–130J 

24 Air National Guard unit construct and require25 ment for full-time equivalent crews. 


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1 (B) Associated maintenance and other sup2 port personnel and requirement for full-time 

3 equivalent positions. 

4 (C) Yearly flying hour model and the cost 

5 for use of a fixed and rotor wing aviation fleet, 

6 including C–130J in its MAFFS capacity sup7 porting the United States Forest Service. 

8 (D) Yearly flying hour model and cost for 

9 use of a C–130J in its capacity supporting Air 

10 National Guard tactical airlift training. 

11 (E) Any other costs required to conduct 

12 both the airlift and firefighting missions, in13 cluding the Air National Guard unit construct 

14 for C–130Js. 

15 (4) Proposed program management, utilization, 

16 and cost share arrangements for the aircraft de17 scribed in paragraph (1) for primary support of the 

18 Forest Service and secondary support, on an as 

19 available basis, for the Department of Defense, to20 gether with any proposed statutory language needed 

21 to authorize and effectuate the same. 

22 (5) An integrated plan for the Forest Service 

23 and the Department of the Interior wildland fire 

24 management programs to operate the fire fighting 

25 air tanker assets referred to in this section. 


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1 SEC. 8117. Notwithstanding any other provision of 

2 this Act, to reflect savings from revised economic assump3 tions, the total amount appropriated in title II of this Act 

4 is hereby reduced by $244,000,000, the total amount ap5 propriated in title III of this Act is hereby reduced by 

6 $258,000,000, and the total amount appropriated in title 

7 IV of this Act is hereby reduced by $175,000,000: Pro8 vided, That the Secretary of Defense shall allocate this 

9 reduction proportionally to each budget activity, activity 

10 group, subactivity group, and each program, project, and 

11 activity, within each appropriation account. 

12 SEC. 8118. The total amount available in this Act 

13 for pay for civilian personnel of the Department of De14 fense for fiscal year 2011 shall be the amount otherwise 

15 appropriated or made available by this Act for such pay 

16 reduced by $723,000,000. 

17 SEC. 8119. None of the funds appropriated or other18 wise made available to the Department of Defense may 

19 be used for the disestablishment, closure, or realignment 

20 of the Joint Forces Command unless within 120 days of 

21 the enactment of this Act— 

22 (1) the Secretary of Defense notifies the con23 gressional defense committees of the proposed dis24 establishment, closure, or realignment of the Joint 

25 Forces Command; and 


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1 (2) the Secretary submits to the congressional 

2 defense committees a plan for the disestablishment, 

3 closure, or realignment of the Joint Forces Com4 mand, which plan shall contain at a minimum— 

5 (A) an explanation of the projected savings 

6 of the proposed disestablishment, closure, or re7 alignment; 

8 (B) a cost-benefit analysis of the proposed 

9 disestablishment, closure, or realignment; 

10 (C) the budgetary impact of the proposed 

11 disestablishment, closure, or realignment; 

12 (D) the strategic and operational con13 sequences of the proposed disestablishment, clo14 sure, or realignment; and 

15 (E) an appropriate local economic assess16 ment of the proposed disestablishment, closure, 

17 or realignment, which shall include at a min18 imum— 

19 (i) a list of Federal, State, and local 

20 government departments and agencies that 

21 are required by statute or regulation to 

22 provide assistance and outreach for the 

23 community affected by the proposed dis24 establishment, closure, or realignment; and 


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1 (ii) a list of the contractors and busi2 nesses affected by the proposed disestab3 lishment, closure, or realignment. 

4 SEC. 8120. The explanatory statement regarding this 

5 Act, printed in the House of Representatives section of 

6 the Congressional Record on or about April 6, 2011, by 

7 the Chairman of the Committee on Appropriations of the 

8 House of Representatives, shall have the same effect with 

9 respect to the allocation of funds and implementation of 

10 this Act as if it were a Report of the Committee on Appro11 priations. 

12 SEC. 8121. None of the funds appropriated or other13 wise made available by this Act or any other appropria14 tions Act may be used to transfer, release, or assist in 

15 the transfer or release to or within the United States, its 

16 territories, or possessions Khalid Sheikh Mohammed or 

17 any other detainee who— 

18 (1) is not a United States citizen or a member 

19 of the Armed Forces of the United States; and 

20 (2) is or was held on or after June 24, 2009, 

21 at the United States Naval Station, Guantanamo 

22 Bay, Cuba, by the Department of Defense. 

23 SEC. 8122. (a)(1) Except as provided in paragraph 

24 (2), none of the funds appropriated or otherwise made 

25 available by this Act or any other appropriations Act may 


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1 be used to transfer any individual detained at Guanta2 namo to the custody or effective control of the individual’s 

3 country of origin, any other foreign country, or any other 

4 foreign entity unless the Secretary of Defense submits to 

5 Congress the certification described in subsection (b) by 

6 not later than 30 days before the transfer of the indi7 vidual. 

8 (2) Paragraph (1) shall not apply to any action taken 

9 by the Secretary of Defense to transfer any individual de10 tained at Guantanamo to effectuate an order affecting the 

11 disposition of the individual that is issued by a court or 

12 competent tribunal of the United States having lawful ju13 risdiction. The Secretary of Defense shall notify Congress 

14 promptly upon issuance of any such order. 

15 (b) The certification described in this subsection is 

16 a written certification made by the Secretary of Defense, 

17 with the concurrence of the Secretary of State, that the 

18 government of the foreign country or the recognized lead19 ership of the foreign entity to which the individual de20 tained at Guantanamo is to be transferred— 

21 (1) is not a designated state sponsor of ter22 rorism or a designated foreign terrorist organization; 

23 (2) maintains effective control over each deten24 tion facility in which an individual is to be detained 


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1 if the individual is to be housed in a detention facil2 ity; 

3 (3) is not, as of the date of the certification, 

4 facing a threat that is likely to substantially affect 

5 its ability to exercise control over the individual; 

6 (4) has agreed to take effective steps to ensure 

7 that the individual cannot take action to threaten 

8 the United States, its citizens, or its allies in the fu9 ture; 

10 (5) has taken such steps as the Secretary deter11 mines are necessary to ensure that the individual 

12 cannot engage or re-engage in any terrorist activity; 

13 and 

14 (6) has agreed to share any information with 

15 the United States that— 

16 (A) is related to the individual or any asso17 ciates of the individual; and 

18 (B) could affect the security of the United 

19 States, its citizens, or its allies. 

20 (c)(1) Except as provided in paragraph (3), none of 

21 the funds appropriated or otherwise made available by this 

22 Act or any other appropriations Act may be used to trans23 fer any individual detained at Guantanamo to the custody 

24 or effective control of the individual’s country of origin, 

25 any other foreign country, or any other foreign entity if 


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1 there is a confirmed case of any individual who was de2 tained at United States Naval Station, Guantanamo Bay, 

3 Cuba, at any time after September 11, 2001, who was 

4 transferred to the foreign country or entity and subse5 quently engaged in any terrorist activity. 

6 (2) The Secretary of Defense may waive the prohibi7 tion in paragraph (1) if the Secretary determines that 

8 such a transfer is in the national security interests of the 

9 United States and includes, as part of the certification de10 scribed in subsection (b) relating to such transfer, the de11 termination of the Secretary under this paragraph. 

12 (3) Paragraph (1) shall not apply to any action taken 

13 by the Secretary to transfer any individual detained at 

14 Guantanamo to effectuate an order affecting the disposi15 tion of the individual that is issued by a court or com16 petent tribunal of the United States having lawful jurisdic17 tion. The Secretary shall notify Congress promptly upon 

18 issuance of any such order. 

19 (d) For the purposes of this section: 

20 (1) The term ‘‘individual detained at Guanta21 namo’’ means any individual who is located at 

22 United States Naval Station, Guantanamo Bay, 

23 Cuba, as of October 1, 2009, who— 


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1 (A) is not a citizen of the United States or 

2 a member of the Armed Forces of the United 

3 States; and 

4 (B) is— 

5 (I) in the custody or under the effec6 tive control of the Department of Defense; 

7 or 

8 (ii) otherwise under detention at 

9 United States Naval Station, Guantanamo 

10 Bay, Cuba. 

11 (2) The term ‘‘foreign terrorist organization’’ 

12 means any organization so designated by the Sec13 retary of State under section 219 of the Immigra14 tion and Nationality Act (8 U.S.C. 1189). 

15 SEC. 8123. (a) None of the funds appropriated or 

16 otherwise made available by this Act or any other appro17 priations Act may be used to construct or modify any facil18 ity in the United States, its territories, or possessions to 

19 house any individual described in subsection (c)) for the 

20 purposes of detention or imprisonment in the custody or 

21 under the effective control of the Department of Defense. 

22 (b) The prohibition in subsection (a) shall not apply 

23 to any modification of facilities at United States Naval 

24 Station, Guantanamo Bay, Cuba. 


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1 (c) An individual described in this subsection is any 

2 individual who, as of June 24, 2009, is located at United 

3 States Naval Station, Guantanamo Bay, Cuba, and who— 

4 (1) is not a citizen of the United States or a 

5 member of the Armed Forces of the United States; 

6 and 

7 (2) is— 

8 (A) in the custody or under the effective 

9 control of the Department of Defense; or 

10 (B) otherwise under detention at United 

11 States Naval Station, Guantanamo Bay, Cuba. 

12 TITLE IX 

13 OVERSEAS CONTINGENCY OPERATIONS 

14 MILITARY PERSONNEL 

15 MILITARY PERSONNEL, ARMY

16 For an additional amount for ‘‘Military Personnel, 

17 Army’’, $11,468,033,000: Provided, That each amount in 

18 this paragraph is designated as being for contingency op19 erations directly related to the global war on terrorism 

20 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

21 and as an emergency requirement pursuant to section 

22 403(a) of S. Con. Res. 13 (111th Congress), the concur23 rent resolution on the budget for fiscal year 2010. 


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1 MILITARY PERSONNEL, NAVY

2 For an additional amount for ‘‘Military Personnel, 

3 Navy’’, $1,308,719,000: Provided, That each amount in 

4 this paragraph is designated as being for contingency op5 erations directly related to the global war on terrorism 

6 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

7 and as an emergency requirement pursuant to section 

8 403(a) of S. Con. Res. 13 (111th Congress), the concur9 rent resolution on the budget for fiscal year 2010. 

10 MILITARY PERSONNEL, MARINE CORPS

11 For an additional amount for ‘‘Military Personnel, 

12 Marine Corps’’, $732,920,000: Provided, That each 

13 amount in this paragraph is designated as being for con14 tingency operations directly related to the global war on 

15 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

16 Congress) and as an emergency requirement pursuant to 

17 section 403(a) of S. Con. Res. 13 (111th Congress), the 

18 concurrent resolution on the budget for fiscal year 2010. 

19 MILITARY PERSONNEL, AIR FORCE

20 For an additional amount for ‘‘Military Personnel, 

21 Air Force’’, $2,060,442,000: Provided, That each amount 

22 in this paragraph is designated as being for contingency 

23 operations directly related to the global war on terrorism 

24 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

25 and as an emergency requirement pursuant to section 


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1 403(a) of S. Con. Res. 13 (111th Congress), the concur2 rent resolution on the budget for fiscal year 2010. 

3 RESERVE PERSONNEL, ARMY

4 For an additional amount for ‘‘Reserve Personnel, 

5 Army’’, $268,031,000: Provided, That each amount in this 

6 paragraph is designated as being for contingency oper7 ations directly related to the global war on terrorism pur8 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

9 and as an emergency requirement pursuant to section 

10 403(a) of S. Con. Res. 13 (111th Congress), the concur11 rent resolution on the budget for fiscal year 2010. 

12 RESERVE PERSONNEL, NAVY

13 For an additional amount for ‘‘Reserve Personnel, 

14 Navy’’, $48,912,000: Provided, That each amount in this 

15 paragraph is designated as being for contingency oper16 ations directly related to the global war on terrorism pur17 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

18 and as an emergency requirement pursuant to section 

19 403(a) of S. Con. Res. 13 (111th Congress), the concur20 rent resolution on the budget for fiscal year 2010. 

21 RESERVE PERSONNEL, MARINE CORPS

22 For an additional amount for ‘‘Reserve Personnel, 

23 Marine Corps’’, $45,437,000: Provided, That each amount 

24 in this paragraph is designated as being for contingency 

25 operations directly related to the global war on terrorism 


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1 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

2 and as an emergency requirement pursuant to section 

3 403(a) of S. Con. Res. 13 (111th Congress), the concur4 rent resolution on the budget for fiscal year 2010. 

5 RESERVE PERSONNEL, AIR FORCE

6 For an additional amount for ‘‘Reserve Personnel, 

7 Air Force’’, $27,002,000: Provided, That each amount in 

8 this paragraph is designated as being for contingency op9 erations directly related to the global war on terrorism 

10 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

11 and as an emergency requirement pursuant to section 

12 403(a) of S. Con. Res. 13 (111th Congress), the concur13 rent resolution on the budget for fiscal year 2010. 

14 NATIONAL GUARD PERSONNEL, ARMY

15 For an additional amount for ‘‘National Guard Per16 sonnel, Army’’, $853,022,000: Provided, That each 

17 amount in this paragraph is designated as being for con18 tingency operations directly related to the global war on 

19 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

20 Congress) and as an emergency requirement pursuant to 

21 section 403(a) of S. Con. Res. 13 (111th Congress), the 

22 concurrent resolution on the budget for fiscal year 2010. 

23 NATIONAL GUARD PERSONNEL, AIR FORCE

24 For an additional amount for ‘‘National Guard Per25 sonnel, Air Force’’, $16,860,000: Provided, That each 


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1 amount in this paragraph is designated as being for con2 tingency operations directly related to the global war on 

3 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

4 Congress) and as an emergency requirement pursuant to 

5 section 403(a) of S. Con. Res. 13 (111th Congress), the 

6 concurrent resolution on the budget for fiscal year 2010. 

7 OPERATION AND MAINTENANCE 

8 OPERATION AND MAINTENANCE, ARMY

9 For an additional amount for ‘‘Operation and Main10 tenance, Army’’, $59,212,782,000: Provided, That each 

11 amount in this paragraph is designated as being for con12 tingency operations directly related to the global war on 

13 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

14 Congress) and as an emergency requirement pursuant to 

15 section 403(a) of S. Con. Res. 13 (111th Congress), the 

16 concurrent resolution on the budget for fiscal year 2010. 

17 OPERATION AND MAINTENANCE, NAVY

18 For an additional amount for ‘‘Operation and Main19 tenance, Navy’’, $8,970,724,000: Provided, That each 

20 amount in this paragraph is designated as being for con21 tingency operations directly related to the global war on 

22 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

23 Congress) and as an emergency requirement pursuant to 

24 section 403(a) of S. Con. Res. 13 (111th Congress), the 

25 concurrent resolution on the budget for fiscal year 2010. 


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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 For an additional amount for ‘‘Operation and Main3 tenance, Marine Corps’’, $4,008,022,000: Provided, That 

4 each amount in this paragraph is designated as being for 

5 contingency operations directly related to the global war 

6 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

7 (112th Congress) and as an emergency requirement pur8 suant to section 403(a) of S. Con. Res. 13 (111th Con9 gress), the concurrent resolution on the budget for fiscal 

10 year 2010. 

11 OPERATION AND MAINTENANCE, AIR FORCE

12 For an additional amount for ‘‘Operation and Main13 tenance, Air Force’’, $12,989,643,000: Provided, That 

14 each amount in this paragraph is designated as being for 

15 contingency operations directly related to the global war 

16 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

17 (112th Congress) and as an emergency requirement pur18 suant to section 403(a) of S. Con. Res. 13 (111th Con19 gress), the concurrent resolution on the budget for fiscal 

20 year 2010. 

21 OPERATION AND MAINTENANCE, DEFENSE-WIDE

22 For an additional amount for ‘‘Operation and Main23 tenance, Defense-Wide’’, $9,276,990,000: Provided, That 

24 each amount in this section is designated as being for con25 tingency operations directly related to the global war on 


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1 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

2 Congress) and as an emergency requirement pursuant to 

3 section 403(a) of S. Con. Res. 13 (111th Congress), the 

4 concurrent resolution on the budget for fiscal year 2010: 

5 Provided further, That of the funds provided under this 

6 heading: 

7 (1) Not to exceed $12,500,000 for the Combat8 ant Commander Initiative Fund, to be used in sup9 port of Operation New Dawn and Operation Endur10 ing Freedom. 

11 (2) Not to exceed $1,600,000,000, to remain 

12 available until expended, for payments to reimburse 

13 key cooperating nations for logistical, military, and 

14 other support, including access provided to United 

15 States military operations in support of Operation 

16 New Dawn and Operation Enduring Freedom, not17 withstanding any other provision of law: Provided, 

18 That such reimbursement payments may be made in 

19 such amounts as the Secretary of Defense, with the 

20 concurrence of the Secretary of State, and in con21 sultation with the Director of the Office of Manage22 ment and Budget, may determine, in his discretion, 

23 based on documentation determined by the Secretary 

24 of Defense to adequately account for the support 

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1 clusive upon the accounting officers of the United 

2 States, and 15 days following notification to the ap3 propriate congressional committees: Provided further, 

4 That the requirement to provide notification shall 

5 not apply with respect to a reimbursement for access 

6 based on an international agreement: Provided fur7 ther, That these funds may be used for the purpose 

8 of providing specialized training and procuring sup9 plies and specialized equipment and providing such 

10 supplies and loaning such equipment on a non-reim11 bursable basis to coalition forces supporting United 

12 States military operations in Iraq and Afghanistan, 

13 and 15 days following notification to the appropriate 

14 congressional committees: Provided further, That the 

15 Secretary of Defense shall provide quarterly reports 

16 to the congressional defense committees on the use 

17 of funds provided in this paragraph. 

18 OPERATION AND MAINTENANCE, ARMY RESERVE

19 For an additional amount for ‘‘Operation and Main20 tenance, Army Reserve’’, $206,784,000: Provided, That 

21 each amount in this paragraph is designated as being for 

22 contingency operations directly related to the global war 

23 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

24 (112th Congress) and as an emergency requirement pur25 suant to section 403(a) of S. Con. Res. 13 (111th ConVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 gress), the concurrent resolution on the budget for fiscal 

2 year 2010. 

3 OPERATION AND MAINTENANCE, NAVY RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Navy Reserve’’, $93,559,000: Provided, That 

6 each amount in this paragraph is designated as being for 

7 contingency operations directly related to the global war 

8 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

9 (112th Congress) and as an emergency requirement pur10 suant to section 403(a) of S. Con. Res. 13 (111th Con11 gress), the concurrent resolution on the budget for fiscal 

12 year 2010. 

13 OPERATION AND MAINTENANCE, MARINE CORPS

14 RESERVE

15 For an additional amount for ‘‘Operation and Main16 tenance, Marine Corps Reserve’’, $29,685,000: Provided, 

17 That each amount in this paragraph is designated as 

18 being for contingency operations directly related to the 

19 global war on terrorism pursuant to section 3(c)(2) of H. 

20 Res. 5 (112th Congress) and as an emergency requirement 

21 pursuant to section 403(a) of S. Con. Res. 13 (111th Con22 gress), the concurrent resolution on the budget for fiscal 

23 year 2010. 


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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Air Force Reserve’’, $203,807,000: Provided, 

4 That each amount in this paragraph is designated as 

5 being for contingency operations directly related to the 

6 global war on terrorism pursuant to section 3(c)(2) of H. 

7 Res. 5 (112th Congress) and as an emergency requirement 

8 pursuant to section 403(a) of S. Con. Res. 13 (111th Con9 gress), the concurrent resolution on the budget for fiscal 

10 year 2010. 

11 OPERATION AND MAINTENANCE, ARMY NATIONAL

12 GUARD

13 For an additional amount for ‘‘Operation and Main14 tenance, Army National Guard’’, $497,849,000: Provided, 

15 That each amount in this paragraph is designated as 

16 being for contingency operations directly related to the 

17 global war on terrorism pursuant to section 3(c)(2) of H. 

18 Res. 5 (112th Congress) and as an emergency requirement 

19 pursuant to section 403(a) of S. Con. Res. 13 (111th Con20 gress), the concurrent resolution on the budget for fiscal 

21 year 2010. 

22 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

23 For an additional amount for ‘‘Operation and Main24 tenance, Air National Guard’’, $417,983,000: Provided, 

25 That each amount in this paragraph is designated as 


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1 being for contingency operations directly related to the 

2 global war on terrorism pursuant to section 3(c)(2) of H. 

3 Res. 5 (112th Congress) and as an emergency requirement 

4 pursuant to section 403(a) of S. Con. Res. 13 (111th Con5 gress), the concurrent resolution on the budget for fiscal 

6 year 2010. 

7 AFGHANISTAN INFRASTRUCTURE FUND

8 (INCLUDING TRANSFER OF FUNDS)

9 There is hereby established in the Treasury of the 

10 United States the ‘‘Afghanistan Infrastructure Fund’’. 

11 For the ‘‘Afghanistan Infrastructure Fund’’, 

12 $400,000,000, to remain available until September 30, 

13 2012: Provided, That such sums shall be available for in14 frastructure projects in Afghanistan, notwithstanding any 

15 other provision of law, which shall be undertaken by the 

16 Secretary of State, unless the Secretary of State and the 

17 Secretary of Defense jointly decide that a specific project 

18 will be undertaken by the Department of Defense: Pro19 vided further, That the infrastructure referred to in the 

20 preceding proviso is in support of the counterinsurgency 

21 strategy, requiring funding for facility and infrastructure 

22 projects, including, but not limited to, water, power, and 

23 transportation projects and related maintenance and 

24 sustainment costs: Provided further, That the authority to 

25 undertake such infrastructure projects is in addition to 


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1 any other authority to provide assistance to foreign na2 tions: Provided further, That any projects funded by this 

3 appropriation shall be jointly formulated and concurred in 

4 by the Secretary of State and Secretary of Defense: Pro5 vided further, That funds may be transferred to the De6 partment of State for purposes of undertaking projects, 

7 which funds shall be considered to be economic assistance 

8 under the Foreign Assistance Act of 1961 for purposes 

9 of making available the administrative authorities con10 tained in that Act: Provided further, That the transfer au11 thority in the preceding proviso is in addition to any other 

12 authority available to the Department of Defense to trans13 fer funds: Provided further, That any unexpended funds 

14 transferred to the Secretary of State under this authority 

15 shall be returned to the Afghanistan Infrastructure Fund 

16 if the Secretary of State, in coordination with the Sec17 retary of Defense, determines that the project cannot be 

18 implemented for any reason, or that the project no longer 

19 supports the counterinsurgency strategy in Afghanistan: 

20 Provided further, That any funds returned to the Sec21 retary of Defense under the previous proviso shall be avail22 able for use under this appropriation and shall be treated 

23 in the same manner as funds not transferred to the Sec24 retary of State: Provided further, That contributions of 

25 funds for the purposes provided herein to the Secretary 


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1 of State in accordance with section 635(d) of the Foreign 

2 Assistance Act from any person, foreign government, or 

3 international organization may be credited to this Fund, 

4 to remain available until expended, and used for such pur5 poses: Provided further, That the Secretary of Defense 

6 shall, not fewer than 15 days prior to making transfers 

7 to or from, or obligations from the Fund, notify the appro8 priate committees of Congress in writing of the details of 

9 any such transfer: Provided further, That the ‘‘appropriate 

10 committees of Congress’’ are the Committees on Armed 

11 Services, Foreign Relations and Appropriations of the 

12 Senate and the Committees on Armed Services, Foreign 

13 Affairs and Appropriations of the House of Representa14 tives: Provided further, That each amount in this para15 graph is designated as being for contingency operations 

16 directly related to the global war on terrorism pursuant 

17 to section 3(c)(2) of H. Res. 5 (112th Congress) and as 

18 an emergency requirement pursuant to section 403(a) of 

19 S. Con. Res. 13 (111th Congress), the concurrent resolu20 tion on the budget for fiscal year 2010. 

21 AFGHANISTAN SECURITY FORCES FUND

22 For the ‘‘Afghanistan Security Forces Fund’’, 

23 $11,619,283,000, to remain available until September 30, 

24 2012: Provided, That such funds shall be available to the 

25 Secretary of Defense, notwithstanding any other provision 


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1 of law, for the purpose of allowing the Commander, Com2 bined Security Transition Command—Afghanistan, or the 

3 Secretary’s designee, to provide assistance, with the con4 currence of the Secretary of State, to the security forces 

5 of Afghanistan, including the provision of equipment, sup6 plies, services, training, facility and infrastructure repair, 

7 renovation, and construction, and funding: Provided fur8 ther, That the authority to provide assistance under this 

9 heading is in addition to any other authority to provide 

10 assistance to foreign nations: Provided further, That up 

11 to $15,000,000 of these funds may be available for coali12 tion police trainer life support costs: Provided further, 

13 That contributions of funds for the purposes provided 

14 herein from any person, foreign government, or inter15 national organization may be credited to this Fund and 

16 used for such purposes: Provided further, That the Sec17 retary of Defense shall notify the congressional defense 

18 committees in writing upon the receipt and upon the obli19 gation of any contribution, delineating the sources and 

20 amounts of the funds received and the specific use of such 

21 contributions: Provided further, That the Secretary of De22 fense shall, not fewer than 15 days prior to obligating 

23 from this appropriation account, notify the congressional 

24 defense committees in writing of the details of any such 

25 obligation: Provided further, That the Secretary of Defense 


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1 shall notify the congressional defense committees of any 

2 proposed new projects or transfer of funds between budget 

3 sub-activity groups in excess of $20,000,000: Provided fur4 ther, That each amount in this paragraph is designated 

5 as being for contingency operations directly related to the 

6 global war on terrorism pursuant to section 3(c)(2) of H. 

7 Res. 5 (112th Congress) and as an emergency requirement 

8 pursuant to section 403(a) of S. Con. Res. 13 (111th Con9 gress), the concurrent resolution on the budget for fiscal 

10 year 2010. 

11 IRAQ SECURITY FORCES FUND

12 For the ‘‘Iraq Security Forces Fund’’, 

13 $1,500,000,000, to remain available until September 30, 

14 2012: Provided, That such funds shall be available to the 

15 Secretary of Defense, notwithstanding any other provision 

16 of law, for the purpose of allowing the Commander, United 

17 States Forces-Iraq, or the Secretary’s designee, to provide 

18 assistance, with the concurrence of the Secretary of State, 

19 to the security forces of Iraq, including the provision of 

20 equipment, supplies, services, training, facility and infra21 structure repair, and renovation: Provided further, That 

22 the authority to provide assistance under this heading is 

23 in addition to any other authority to provide assistance 

24 to foreign nations: Provided further, That contributions of 

25 funds for the purposes provided herein from any person, 


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1 foreign government, or international organization may be 

2 credited to this Fund and used for such purposes: Pro3 vided further, That the Secretary shall notify the congres4 sional defense committees in writing upon the receipt and 

5 upon the obligation of any contribution, delineating the 

6 sources and amounts of the funds received and the specific 

7 use of such contributions: Provided further, That the Sec8 retary of Defense shall, not fewer than 15 days prior to 

9 obligating from this appropriation account, notify the con10 gressional defense committees in writing of the details of 

11 any such obligation: Provided further, That the Secretary 

12 of Defense shall notify the congressional defense commit13 tees of any proposed new projects or transfer of funds be14 tween budget sub-activity groups in excess of 

15 $20,000,000: Provided further, That each amount in this 

16 paragraph is designated as being for contingency oper17 ations directly related to the global war on terrorism pur18 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

19 and as an emergency requirement pursuant to section 

20 403(a) of S. Con. Res. 13 (111th Congress), the concur21 rent resolution on the budget for fiscal year 2010. 

22 PROCUREMENT 

23 AIRCRAFT PROCUREMENT, ARMY

24 For an additional amount for ‘‘Aircraft Procurement, 

25 Army’’, $2,720,138,000, to remain available until SepVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 tember 30, 2013: Provided, That each amount in this 

2 paragraph is designated as being for contingency oper3 ations directly related to the global war on terrorism pur4 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

5 and as an emergency requirement pursuant to section 

6 403(a) of S. Con. Res. 13 (111th Congress), the concur7 rent resolution on the budget for fiscal year 2010. 

8 MISSILE PROCUREMENT, ARMY

9 For an additional amount for ‘‘Missile Procurement, 

10 Army’’, $343,828,000, to remain available until Sep11 tember 30, 2013: Provided, That each amount in this 

12 paragraph is designated as being for contingency oper13 ations directly related to the global war on terrorism pur14 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

15 and as an emergency requirement pursuant to section 

16 403(a) of S. Con. Res. 13 (111th Congress), the concur17 rent resolution on the budget for fiscal year 2010. 

18 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For an additional amount for ‘‘Procurement of Weap21 ons and Tracked Combat Vehicles, Army’’, $896,996,000, 

22 to remain available until September 30, 2013: Provided, 

23 That each amount in this paragraph is designated as 

24 being for contingency operations directly related to the 

25 global war on terrorism pursuant to section 3(c)(2) of H. 


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1 Res. 5 (112th Congress) and as an emergency requirement 

2 pursuant to section 403(a) of S. Con. Res. 13 (111th Con3 gress), the concurrent resolution on the budget for fiscal 

4 year 2010. 

5 PROCUREMENT OF AMMUNITION, ARMY

6 For an additional amount for ‘‘Procurement of Am7 munition, Army’’, $369,885,000, to remain available until 

8 September 30, 2013: Provided, That each amount in this 

9 paragraph is designated as being for contingency oper10 ations directly related to the global war on terrorism pur11 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

12 and as an emergency requirement pursuant to section 

13 403(a) of S. Con. Res. 13 (111th Congress), the concur14 rent resolution on the budget for fiscal year 2010. 

15 OTHER PROCUREMENT, ARMY

16 For an additional amount for ‘‘Other Procurement, 

17 Army’’, $6,423,832,000, to remain available until Sep18 tember 30, 2013: Provided, That each amount in this 

19 paragraph is designated as being for contingency oper20 ations directly related to the global war on terrorism pur21 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

22 and as an emergency requirement pursuant to section 

23 403(a) of S. Con. Res. 13 (111th Congress), the concur24 rent resolution on the budget for fiscal year 2010. 


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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $1,269,549,000, to remain available until Sep4 tember 30, 2013: Provided, That each amount in this 

5 paragraph is designated as being for contingency oper6 ations directly related to the global war on terrorism pur7 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

8 and as an emergency requirement pursuant to section 

9 403(a) of S. Con. Res. 13 (111th Congress), the concur10 rent resolution on the budget for fiscal year 2010. 

11 WEAPONS PROCUREMENT, NAVY

12 For an additional amount for ‘‘Weapons Procure13 ment, Navy’’, $90,502,000, to remain available until Sep14 tember 30, 2013: Provided, That each amount in this 

15 paragraph is designated as being for contingency oper16 ations directly related to the global war on terrorism pur17 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

18 and as an emergency requirement pursuant to section 

19 403(a) of S. Con. Res. 13 (111th Congress), the concur20 rent resolution on the budget for fiscal year 2010. 

21 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

22 CORPS

23 For an additional amount for ‘‘Procurement of Am24 munition, Navy and Marine Corps’’, $558,024,000, to re25 main available until September 30, 2013: Provided, That 


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1 each amount in this paragraph is designated as being for 

2 contingency operations directly related to the global war 

3 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

4 (112th Congress) and as an emergency requirement pur5 suant to section 403(a) of S. Con. Res. 13 (111th Con6 gress), the concurrent resolution on the budget for fiscal 

7 year 2010. 

8 OTHER PROCUREMENT, NAVY

9 For an additional amount for ‘‘Other Procurement, 

10 Navy’’, $316,835,000, to remain available until September 

11 30, 2013: Provided, That each amount in this paragraph 

12 is designated as being for contingency operations directly 

13 related to the global war on terrorism pursuant to section 

14 3(c)(2) of H. Res. 5 (112th Congress) and as an emer15 gency requirement pursuant to section 403(a) of S. Con. 

16 Res. 13 (111th Congress), the concurrent resolution on 

17 the budget for fiscal year 2010. 

18 PROCUREMENT, MARINE CORPS

19 For an additional amount for ‘‘Procurement, Marine 

20 Corps’’, $1,589,119,000, to remain available until Sep21 tember 30, 2013: Provided, That each amount in this 

22 paragraph is designated as being for contingency oper23 ations directly related to the global war on terrorism pur24 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

25 and as an emergency requirement pursuant to section 


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1 403(a) of S. Con. Res. 13 (111th Congress), the concur2 rent resolution on the budget for fiscal year 2010. 

3 AIRCRAFT PROCUREMENT, AIR FORCE

4 For an additional amount for ‘‘Aircraft Procurement, 

5 Air Force’’, $1,991,955,000, to remain available until 

6 September 30, 2013: Provided, That each amount in this 

7 paragraph is designated as being for contingency oper8 ations directly related to the global war on terrorism pur9 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

10 and as an emergency requirement pursuant to section 

11 403(a) of S. Con. Res. 13 (111th Congress), the concur12 rent resolution on the budget for fiscal year 2010. 

13 MISSILE PROCUREMENT, AIR FORCE

14 For an additional amount for ‘‘Missile Procurement, 

15 Air Force’’, $56,621,000, to remain available until Sep16 tember 30, 2013: Provided, That each amount in this 

17 paragraph is designated as being for contingency oper18 ations directly related to the global war on terrorism pur19 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

20 and as an emergency requirement pursuant to section 

21 403(a) of S. Con. Res. 13 (111th Congress), the concur22 rent resolution on the budget for fiscal year 2010. 

23 PROCUREMENT OF AMMUNITION, AIR FORCE

24 For an additional amount for ‘‘Procurement of Am25 munition, Air Force’’, $292,959,000, to remain available 


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1 until September 30, 2013: Provided, That each amount 

2 in this paragraph is designated as being for contingency 

3 operations directly related to the global war on terrorism 

4 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

5 and as an emergency requirement pursuant to section 

6 403(a) of S. Con. Res. 13 (111th Congress), the concur7 rent resolution on the budget for fiscal year 2010. 

8 OTHER PROCUREMENT, AIR FORCE

9 For an additional amount for ‘‘Other Procurement, 

10 Air Force’’, $2,868,593,000, to remain available until 

11 September 30, 2013: Provided, That each amount in this 

12 paragraph is designated as being for contingency oper13 ations directly related to the global war on terrorism pur14 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

15 and as an emergency requirement pursuant to section 

16 403(a) of S. Con. Res. 13 (111th Congress), the concur17 rent resolution on the budget for fiscal year 2010. 

18 PROCUREMENT, DEFENSE-WIDE

19 For an additional amount for ‘‘Procurement, De20 fense-Wide’’, $1,262,499,000, to remain available until 

21 September 30, 2013: Provided, That each amount in this 

22 paragraph is designated as being for contingency oper23 ations directly related to the global war on terrorism pur24 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

25 and as an emergency requirement pursuant to section 


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1 403(a) of S. Con. Res. 13 (111th Congress), the concur2 rent resolution on the budget for fiscal year 2010. 

3 NATIONAL GUARD AND RESERVE EQUIPMENT

4 For procurement of aircraft, missiles, tracked combat 

5 vehicles, ammunition, other weapons and other procure6 ment for the reserve components of the Armed Forces, 

7 $850,000,000, to remain available for obligation until Sep8 tember 30, 2013, of which $250,000,000 shall be available 

9 only for the Army National Guard: Provided, That the 

10 Chiefs of National Guard and Reserve components shall, 

11 not later than 30 days after the enactment of this Act, 

12 individually submit to the congressional defense commit13 tees the modernization priority assessment for their re14 spective National Guard or Reserve component: Provided 

15 further, That each amount in this paragraph is designated 

16 as being for contingency operations directly related to the 

17 global war on terrorism pursuant to section 3(c)(2) of H. 

18 Res. 5 (112th Congress) and as an emergency requirement 

19 pursuant to section 403(a) of S. Con. Res. 13 (111th Con20 gress), the concurrent resolution on the budget for fiscal 

21 year 2010. 

22 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Mine Resistant Ambush Protected Vehicle 

25 Fund, $3,415,000,000, to remain available until SepVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 tember 30, 2012: Provided, That such funds shall be avail2 able to the Secretary of Defense, notwithstanding any 

3 other provision of law, to procure, sustain, transport, and 

4 field Mine Resistant Ambush Protected vehicles: Provided 

5 further, That the Secretary shall transfer such funds only 

6 to appropriations made available in this or any other Act 

7 for operation and maintenance; procurement; research, de8 velopment, test and evaluation; and defense working cap9 ital funds to accomplish the purpose provided herein: Pro10 vided further, That such transferred funds shall be merged 

11 with and be available for the same purposes and the same 

12 time period as the appropriation to which transferred: 

13 Provided further, That this transfer authority is in addi14 tion to any other transfer authority available to the De15 partment of Defense: Provided further, That the Secretary 

16 shall, not fewer than 10 days prior to making transfers 

17 from this appropriation, notify the congressional defense 

18 committees in writing of the details of any such transfer: 

19 Provided further, That each amount in this paragraph is 

20 designated as being for contingency operations directly re21 lated to the global war on terrorism pursuant to section 

22 3(c)(2) of H. Res. 5 (112th Congress) and as an emer23 gency requirement pursuant to section 403(a) of S. Con. 

24 Res. 13 (111th Congress), the concurrent resolution on 

25 the budget for fiscal year 2010. 


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1 RESEARCH, DEVELOPMENT, TEST AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 ARMY

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Army’’, $143,234,000, to re7 main available until September 30, 2012: Provided, That 

8 each amount in this paragraph is designated as being for 

9 contingency operations directly related to the global war 

10 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

11 (112th Congress) and as an emergency requirement pur12 suant to section 403(a) of S. Con. Res. 13 (111th Con13 gress), the concurrent resolution on the budget for fiscal 

14 year 2010. 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 NAVY

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Navy’’, $104,781,000, to re19 main available until September 30, 2012: Provided, That 

20 each amount in this paragraph is designated as being for 

21 contingency operations directly related to the global war 

22 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

23 (112th Congress) and as an emergency requirement pur24 suant to section 403(a) of S. Con. Res. 13 (111th ConVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 gress), the concurrent resolution on the budget for fiscal 

2 year 2010. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 AIR FORCE

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Air Force’’, $484,382,000, to 

7 remain available until September 30, 2012: Provided, 

8 That each amount in this paragraph is designated as 

9 being for contingency operations directly related to the 

10 global war on terrorism pursuant to section 3(c)(2) of H. 

11 Res. 5 (112th Congress) and as an emergency requirement 

12 pursuant to section 403(a) of S. Con. Res. 13 (111th Con13 gress), the concurrent resolution on the budget for fiscal 

14 year 2010. 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 DEFENSE-WIDE

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Defense-Wide’’, 

19 $222,616,000, to remain available until September 30, 

20 2012: Provided, That each amount in this paragraph is 

21 designated as being for contingency operations directly re22 lated to the global war on terrorism pursuant to section 

23 3(c)(2) of H. Res. 5 (112th Congress) and as an emer24 gency requirement pursuant to section 403(a) of S. Con. 


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1 Res. 13 (111th Congress), the concurrent resolution on 

2 the budget for fiscal year 2010. 

3 REVOLVING AND MANAGEMENT FUNDS 

4 DEFENSE WORKING CAPITAL FUNDS

5 For an additional amount for ‘‘Defense Working 

6 Capital Funds’’, $485,384,000: Provided, That each 

7 amount in this paragraph is designated as being for con8 tingency operations directly related to the global war on 

9 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

10 Congress) and as an emergency requirement pursuant to 

11 section 403(a) of S. Con. Res. 13 (111th Congress), the 

12 concurrent resolution on the budget for fiscal year 2010. 

13 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

14 DEFENSE HEALTH PROGRAM

15 For an additional amount for ‘‘Defense Health Pro16 gram’’, $1,422,092,000, of which $1,398,092,000 shall be 

17 for operation and maintenance, to remain available until 

18 September 30, 2011, and of which $24,000,000 shall be 

19 for research, development, test and evaluation, to remain 

20 available until September 30, 2012: Provided, That each 

21 amount in this paragraph is designated as being for con22 tingency operations directly related to the global war on 

23 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

24 Congress) and as an emergency requirement pursuant to 


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1 section 403(a) of S. Con. Res. 13 (111th Congress), the 

2 concurrent resolution on the budget for fiscal year 2010. 

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

4 DEFENSE

5 For an additional amount for ‘‘Drug Interdiction and 

6 Counter-Drug Activities, Defense’’, $440,510,000, to re7 main available until September 30, 2012: Provided, That 

8 each amount in this paragraph is designated as being for 

9 contingency operations directly related to the global war 

10 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

11 (112th Congress) and as an emergency requirement pur12 suant to section 403(a) of S. Con. Res. 13 (111th Con13 gress), the concurrent resolution on the budget for fiscal 

14 year 2010. 

15 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For the ‘‘Joint Improvised Explosive Device Defeat 

18 Fund’’, $2,793,768,000, to remain available until Sep19 tember 30, 2013: Provided, That such funds shall be avail20 able to the Secretary of Defense, notwithstanding any 

21 other provision of law, for the purpose of allowing the Di22 rector of the Joint Improvised Explosive Device Defeat 

23 Organization to investigate, develop and provide equip24 ment, supplies, services, training, facilities, personnel and 

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1 vised explosive devices: Provided further, That the Sec2 retary of Defense may transfer funds provided herein to 

3 appropriations for military personnel; operation and main4 tenance; procurement; research, development, test and 

5 evaluation; and defense working capital funds to accom6 plish the purpose provided herein: Provided further, That 

7 this transfer authority is in addition to any other transfer 

8 authority available to the Department of Defense: Pro9 vided further, That the Secretary of Defense shall, not 

10 fewer than 15 days prior to making transfers from this 

11 appropriation, notify the congressional defense committees 

12 in writing of the details of any such transfer: Provided 

13 further, That each amount in this paragraph is designated 

14 as being for contingency operations directly related to the 

15 global war on terrorism pursuant to section 3(c)(2) of H. 

16 Res. 5 (112th Congress) and as an emergency requirement 

17 pursuant to section 403(a) of S. Con. Res. 13 (111th Con18 gress), the concurrent resolution on the budget for fiscal 

19 year 2010. 

20 OFFICE OF THE INSPECTOR GENERAL

21 For an additional amount for the ‘‘Office of the In22 spector General’’, $10,529,000: Provided, That each 

23 amount in this paragraph is designated as being for con24 tingency operations directly related to the global war on 

25 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 


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1 Congress) and as an emergency requirement pursuant to 

2 section 403(a) of S. Con. Res. 13 (111th Congress), the 

3 concurrent resolution on the budget for fiscal year 2010. 

4 GENERAL PROVISIONS—THIS TITLE 

5 SEC. 9001. Notwithstanding any other provision of 

6 law, funds made available in this title are in addition to 

7 amounts appropriated or otherwise made available for the 

8 Department of Defense for fiscal year 2011. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 9002. Upon the determination of the Secretary 

11 of Defense that such action is necessary in the national 

12 interest, the Secretary may, with the approval of the Of13 fice of Management and Budget, transfer up to 

14 $4,000,000,000 between the appropriations or funds made 

15 available to the Department of Defense in this title: Pro16 vided, That the Secretary shall notify the Congress 

17 promptly of each transfer made pursuant to the authority 

18 in this section: Provided further, That the authority pro19 vided in this section is in addition to any other transfer 

20 authority available to the Department of Defense and is 

21 subject to the same terms and conditions as the authority 

22 provided in the Department of Defense Appropriations 

23 Act, 2011. 

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1 priations available for operation and maintenance or the 

2 ‘‘Afghanistan Security Forces Fund’’ provided in this Act 

3 and executed in direct support of overseas contingency op4 erations in Afghanistan, may be obligated at the time a 

5 construction contract is awarded: Provided, That for the 

6 purpose of this section, supervision and administration 

7 costs include all in-house Government costs. 

8 SEC. 9004. From funds made available in this title, 

9 the Secretary of Defense may purchase for use by military 

10 and civilian employees of the Department of Defense in 

11 Iraq and Afghanistan: (a) passenger motor vehicles up to 

12 a limit of $75,000 per vehicle; and (b) heavy and light 

13 armored vehicles for the physical security of personnel or 

14 for force protection purposes up to a limit of $250,000 

15 per vehicle, notwithstanding price or other limitations ap16 plicable to the purchase of passenger carrying vehicles. 

17 SEC. 9005. Not to exceed $500,000,000 of the 

18 amount appropriated in this title under the heading ‘‘Op19 eration and Maintenance, Army’’ may be used, notwith20 standing any other provision of law, to fund the Com21 mander’s Emergency Response Program (CERP), for the 

22 purpose of enabling military commanders in Iraq and Af23 ghanistan to respond to urgent, small scale, humanitarian 

24 relief and reconstruction requirements within their areas 

25 of responsibility: Provided, That projects (including any 


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1 ancillary or related elements in connection with such 

2 project) executed under this authority shall not exceed 

3 $20,000,000: Provided further, That not later than 45 

4 days after the end of each fiscal year quarter, the Sec5 retary of Defense shall submit to the congressional defense 

6 committees a report regarding the source of funds and the 

7 allocation and use of funds during that quarter that were 

8 made available pursuant to the authority provided in this 

9 section or under any other provision of law for the pur10 poses described herein: Provided further, That, not later 

11 than 30 days after the end of each month, the Army shall 

12 submit to the congressional defense committees monthly 

13 commitment, obligation, and expenditure data for the 

14 Commander’s Emergency Response Program in Iraq and 

15 Afghanistan: Provided further, That not less than 15 days 

16 before making funds available pursuant to the authority 

17 provided in this section or under any other provision of 

18 law for the purposes described herein for a project with 

19 a total anticipated cost for completion of $5,000,000 or 

20 more, the Secretary shall submit to the congressional de21 fense committees a written notice containing each of the 

22 following: 

23 (1) The location, nature and purpose of the 

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1 tended to advance the military campaign plan for 

2 the country in which it is to be carried out. 

3 (2) The budget, implementation timeline with 

4 milestones, and completion date for the proposed 

5 project, including any other CERP funding that has 

6 been or is anticipated to be contributed to the com7 pletion of the project. 

8 (3) A plan for the sustainment of the proposed 

9 project, including the agreement with either the host 

10 nation, a non-Department of Defense agency of the 

11 United States Government or a third party contrib12 utor to finance the sustainment of the activities and 

13 maintenance of any equipment or facilities to be pro14 vided through the proposed project. 

15 SEC. 9006. Funds available to the Department of De16 fense for operation and maintenance may be used, not17 withstanding any other provision of law, to provide sup18 plies, services, transportation, including airlift and sealift, 

19 and other logistical support to coalition forces supporting 

20 military and stability operations in Iraq and Afghanistan: 

21 Provided, That the Secretary of Defense shall provide 

22 quarterly reports to the congressional defense committees 

23 regarding support provided under this section. 

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1 gated or expended by the United States Government for 

2 a purpose as follows: 

3 (1) To establish any military installation or 

4 base for the purpose of providing for the permanent 

5 stationing of United States Armed Forces in Iraq. 

6 (2) To exercise United States control over any 

7 oil resource of Iraq. 

8 (3) To establish any military installation or 

9 base for the purpose of providing for the permanent 

10 stationing of United States Armed Forces in Af11 ghanistan. 

12 SEC. 9008. None of the funds made available in this 

13 Act may be used in contravention of the following laws 

14 enacted or regulations promulgated to implement the 

15 United Nations Convention Against Torture and Other 

16 Cruel, Inhuman or Degrading Treatment or Punishment 

17 (done at New York on December 10, 1984): 

18 (1) Section 2340A of title 18, United States 

19 Code. 

20 (2) Section 2242 of the Foreign Affairs Reform 

21 and Restructuring Act of 1998 (division G of Public 

22 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

23 note) and regulations prescribed thereto, including 

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1 eral Regulations, and part 95 of title 22, Code of 

2 Federal Regulations. 

3 (3) Sections 1002 and 1003 of the Department 

4 of Defense, Emergency Supplemental Appropriations 

5 to Address Hurricanes in the Gulf of Mexico, and 

6 Pandemic Influenza Act, 2006 (Public Law 109– 

7 148). 

8 SEC. 9009. (a) The Secretary of Defense shall submit 

9 to the congressional defense committees not later than 45 

10 days after the end of each fiscal quarter a report on the 

11 proposed use of all funds appropriated by this or any prior 

12 Act under each of the headings Iraq Security Forces 

13 Fund, Afghanistan Security Forces Fund, Afghanistan In14 frastructure Fund, and Pakistan Counterinsurgency Fund 

15 on a project-by-project basis, for which the obligation of 

16 funds is anticipated during the 3-month period from such 

17 date, including estimates for the accounts referred to in 

18 this section of the costs required to complete each such 

19 project. 

20 (b) The report required by this subsection shall in21 clude the following: 

22 (1) The use of all funds on a project-by-project 

23 basis for which funds appropriated under the head24 ings referred to in subsection (a) were obligated 

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1 mates for the accounts referred to in subsection (a) 

2 of the costs to complete each project. 

3 (2) The use of all funds on a project-by-project 

4 basis for which funds were appropriated under the 

5 headings referred to in subsection (a) in prior appro6 priations Acts, or for which funds were made avail7 able by transfer, reprogramming, or allocation from 

8 other headings in prior appropriations Acts, includ9 ing estimates for the accounts referred to in sub10 section (a) of the costs to complete each project. 

11 (3) An estimated total cost to train and equip 

12 the Iraq, Afghanistan, and Pakistan security forces, 

13 disaggregated by major program and sub-elements 

14 by force, arrayed by fiscal year. 

15 SEC. 9010. Funds made available in this title to the 

16 Department of Defense for operation and maintenance 

17 may be used to purchase items having an investment unit 

18 cost of not more than $250,000: Provided, That, upon de19 termination by the Secretary of Defense that such action 

20 is necessary to meet the operational requirements of a 

21 Commander of a Combatant Command engaged in contin22 gency operations overseas, such funds may be used to pur23 chase items having an investment item unit cost of not 

24 more than $500,000. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 9011. Of the funds appropriated by this Act for 

3 the Office of the Director of National Intelligence, 

4 $3,375,000 is available, as specified in the classified 

5 annex, for transfer to other departments and agencies of 

6 the Federal Government. 

7 SEC. 9012. (a) The Task Force for Business and Sta8 bility Operations in Afghanistan may, subject to the direc9 tion and control of the Secretary of Defense and with the 

10 concurrence of the Secretary of State, carry out projects 

11 in fiscal year 2011 to assist the commander of the United 

12 States Central Command in developing a link between 

13 United States military operations in Afghanistan under 

14 Operation Enduring Freedom and the economic elements 

15 of United States national power in order to reduce vio16 lence, enhance stability, and restore economic normalcy in 

17 Afghanistan through strategic business and economic op18 portunities. 

19 (b) The projects carried out under paragraph (a) may 

20 include projects that facilitate private investment, indus21 trial development, banking and financial system develop22 ment, agricultural diversification and revitalization, and 

23 energy development in and with respect to Afghanistan. 

24 (c) The Secretary may use up to $150,000,000 of the 

25 funds available for overseas contingency operations in 


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1 ‘‘Operation and Maintenance, Army’’ for additional activi2 ties to carry out projects under paragraph (a). 

3 SEC. 9013. (a) Not more than 85 percent of the 

4 funds provided in this title for Operation and Maintenance 

5 may be available for obligation or expenditure until the 

6 date on which the Secretary of Defense submits the report 

7 under subsection (b). 

8 (b) Not later than 120 days after the date of the en9 actment of this Act, the Secretary of Defense shall submit 

10 to the congressional defense committees a report on con11 tractor employees in the United States Central Command, 

12 including— 

13 (1) the number of employees of a contractor 

14 awarded a contract by the Department of Defense 

15 (including subcontractor employees) who are em16 ployed at the time of the report in the area of oper17 ations of the United States Central Command, in18 cluding a list of the number of such employees in 

19 each of Iraq, Afghanistan, and all other areas of op20 erations of the United States Central Command; and 

21 (2) for each fiscal year quarter beginning on 

22 the date of the report and ending on September 30, 

23 2012— 

24 (A) the number of such employees planned 

25 by the Secretary to be employed during each 


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1 such period in each of Iraq, Afghanistan, and 

2 all other areas of operations of the United 

3 States Central Command; and 

4 (B) an explanation of how the number of 

5 such employees listed under subparagraph (A) 

6 relates to the planned number of military per7 sonnel in such locations. 

8 SEC. 9014. From funds made available in this title 

9 to the Department of Defense for operation and mainte10 nance, up to $129,100,000 may be used by the Secretary 

11 of Defense, notwithstanding any other provision of law, 

12 to support the United States Government transition activi13 ties in Iraq by undertaking facilities renovation and con14 struction associated with establishing Office of Security 

15 Cooperation locations, at no more than four sites, in Iraq: 

16 Provided, That not less than 15 days before making funds 

17 available pursuant to the authority provided in this sec18 tion, the Secretary shall submit to the congressional de19 fense committees a written notice containing a detailed 

20 justification and timeline for each proposed site and the 

21 source of funds. 

22 SEC. 9015. Any reference to ‘‘this Act’’ in this divi23 sion shall apply solely to this division. 

24 This division may be cited as the ‘‘Department of De25 fense Appropriations Act, 2011’’. 


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1 DIVISION B—FURTHER CONTINUING 

2 APPROPRIATIONS, 2011 

3 SEC. 2001. The Continuing Appropriations Act, 2011 

4 (Public Law 111–242) is further amended— 

5 (1) by striking the date specified in section 

6 106(3) and inserting ‘‘April 15, 2011’’; and 

7 (2) by adding after section 294, as added by 

8 the Additional Continuing Appropriations Amend9 ments, 2011 (Public Law 112–6), the following new 

10 sections: 

11 ‘‘SEC. 295. Notwithstanding section 101, amounts 

12 are provided for ‘Agricultural Programs—Agriculture 

13 Buildings and Facilities and Rental Payments’ at a rate 

14 for operations of $262,093,000, of which $178,812,000 

15 shall be available for payments to the General Services Ad16 ministration for rent and of which $69,781,000 shall be 

17 for buildings operations and maintenance expenses. 

18 ‘‘SEC. 296. Notwithstanding section 101, amounts 

19 are provided for ‘Agricultural Programs—Departmental 

20 Administration’ at a rate for operations of $28,809,000: 

21 Provided, That the second proviso under such heading in 

22 Public Law 111–80 shall not apply to funds appropriated 

23 by this Act. 

24 ‘‘SEC. 297. Notwithstanding section 101, amounts 

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1 cultural Statistics Service’ at a rate for operations of 

2 $151,830,000: Provided, That the amounts included under 

3 such heading in Public Law 111–80 shall be applied to 

4 funds appropriated by this Act by substituting 

5 ‘$33,494,000’ for ‘$37,908,000’. 

6 ‘‘SEC. 298. Notwithstanding section 101, amounts 

7 are provided for ‘Agricultural Programs—National Insti8 tute of Food and Agriculture—Integrated Activities’ at a 

9 rate for operations of $24,874,000: Provided, That the 

10 amounts included under such heading in Public Law 111– 

11 80 shall be applied to funds appropriated by this Act as 

12 follows: by substituting ‘$15,044,000’ for ‘$45,148,000’; 

13 by substituting ‘$10,948,000’ for ‘$12,649,000’; by sub14 stituting ‘$0’ for ‘$14,596,000’; by substituting ‘$0’ for 

15 ‘$4,388,000’; by substituting ‘$0’ for ‘$1,365,000’; by 

16 substituting ‘$0’ for ‘$3,054,000’; by substituting ‘$0’ for 

17 ‘$5,000,000’; by substituting ‘$0’ for ‘$3,000,000’; by 

18 substituting ‘$0’ for ‘$732,000’; and by substituting ‘$0’ 

19 for ‘$1,312,000’. 

20 ‘‘SEC. 299. Notwithstanding sections 101 and 231, 

21 amounts are provided for ‘Agricultural Programs—Ani22 mal and Plant Health Inspection Service—Salaries and 

23 Expenses’ at a rate for operations of $832,543,000: Pro24 vided, That the amounts included under such heading in 

25 Public Law 111–80 shall be applied to funds appropriated 


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1 by this Act by substituting ‘$45,219,000’ for 

2 ‘$60,243,000’. 

3 ‘‘SEC. 300. Notwithstanding section 101, amounts 

4 are provided for ‘Agricultural Programs—Farm Service 

5 Agency—Salaries and Expenses’ at a rate for operations 

6 of $1,229,777,000. 

7 ‘‘SEC. 301. Notwithstanding section 101, amounts 

8 are provided for ‘Conservation Programs—Natural Re9 sources Conservation Service—Watershed Rehabilitation 

10 Program’ at a rate for operations of $25,161,000. 

11 ‘‘SEC. 302. Notwithstanding section 101, amounts 

12 are provided for ‘Conservation Programs—Natural Re13 sources Conservation Service—Resource Conservation and 

14 Development’ at a rate for operations of $24,730,000. 

15 ‘‘SEC. 303. Notwithstanding section 101, amounts 

16 are provided for ‘Rural Development Programs—Rural 

17 Development Salaries and Expenses’ at a rate for oper18 ations of $186,987,000. 

19 ‘‘SEC. 304. Notwithstanding section 101, amounts 

20 are provided for ‘Rural Development Programs—Rural 

21 Housing Service—Rental Assistance Program’ at a rate 

22 for operations of $956,570,000: Provided, That this sec23 tion shall not apply to the amounts made available by sec24 tion 101 for the liquidation of debts under such account. 


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1 ‘‘SEC. 305. Notwithstanding section 101, in connec2 tion with the ‘Rural Development Programs—Rural Busi3 ness-Cooperative Service—Rural Economic Development 

4 Loans Program Account’, of the funds derived from inter5 est on the cushion of credit payments, as authorized by 

6 section 313 of the Rural Electrification Act of 1936, 

7 $102,463,000 shall not be obligated and $102,463,000 is 

8 rescinded. 

9 ‘‘SEC. 306. Notwithstanding section 101, amounts 

10 are provided for ‘Rural Development Programs—Rural 

11 Utilities Service—Rural Water and Waste Disposal Pro12 gram Account’ at a rate for operations of $551,230,000: 

13 Provided, That the amounts included under such heading 

14 in Public Law 111–80 shall be applied to funds appro15 priated by this Act by substituting ‘$0’ for ‘$17,500,000’. 

16 ‘‘SEC. 307. Notwithstanding section 101, amounts 

17 are provided for ‘Domestic Food Programs—Food and 

18 Nutrition Service—Special Supplemental Nutrition Pro19 gram for Women, Infants, and Children (WIC)’ at a rate 

20 for operations of $7,052,000,000. 

21 ‘‘SEC. 308. Notwithstanding section 101, amounts 

22 are provided for ‘Foreign Assistance and Related Pro23 grams—Foreign Agricultural Service—Food for Peace 

24 Title II Grants’ at a rate for operations of 

25 $1,455,000,000. 


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1 ‘‘SEC. 309. Notwithstanding section 101, amounts 

2 are provided for ‘Foreign Assistance and Related Pro3 grams—Foreign Agricultural Service—McGovern-Dole 

4 International Food for Education and Child Nutrition 

5 Program Grants’ at a rate for operations of $199,500,000: 

6 Provided, That the first proviso under such heading in 

7 Public Law 111–80 shall not apply to funds appropriated 

8 by this Act. 

9 ‘‘SEC. 310. Section 748 of Public Law 111–80 shall 

10 not apply for fiscal year 2011. 

11 ‘‘SEC. 311. Subsections (g)(5)(A), (h)(1)(C)(i), 

12 (h)(2)(B)(i), (j)(5)(A), and (k)(8)(A) of section 749 of 

13 Public Law 111–80 shall be applied to funds appropriated 

14 by this Act by substituting ‘$0’ for each of the dollar 

15 amounts specified in such subsections. 

16 ‘‘SEC. 312. Of the unobligated balances available for 

17 the cost of broadband loans, as authorized by section 601 

18 of the Rural Electrification Act of 1936, $39,000,000 is 

19 rescinded. 

20 ‘‘SEC. 313. Notwithstanding sections 101 and 117, 

21 amounts are provided for ‘Department of Commerce—Bu22 reau of the Census—Periodic Censuses and Programs’ at 

23 a rate for operations of $942,315,000. 

24 ‘‘SEC. 314. Notwithstanding sections 101 and 240, 

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1 tional Institute of Standards and Technology—Construc2 tion of Research Facilities’ at a rate for operations of 

3 $80,000,000: Provided, That the set-aside for a competi4 tive construction grant program under such heading in di5 vision B of Public Law 111–117 shall not apply to funds 

6 appropriated by this Act. 

7 ‘‘SEC. 315. Notwithstanding section 101, amounts 

8 are provided for ‘Department of Justice—General Admin9 istration—National Drug Intelligence Center’ at a rate for 

10 operations of $34,023,000. 

11 ‘‘SEC. 316. Notwithstanding section 101, amounts 

12 are provided for ‘Department of Justice—General Admin13 istration—Tactical Law Enforcement Wireless Commu14 nications’ at a rate for operations of $136,143,000. 

15 ‘‘SEC. 317. Notwithstanding section 101, amounts 

16 are provided for ‘Department of Justice—United States 

17 Marshals Service—Construction’ at a rate for operations 

18 of $16,625,000. 

19 ‘‘SEC. 318. Notwithstanding section 101, amounts 

20 are provided for ‘Department of Justice—Federal Bureau 

21 of Investigation—Construction’ at a rate for operations of 

22 $106,915,000. 

23 ‘‘SEC. 319. Notwithstanding section 101, amounts 

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1 hol, Tobacco, Firearms and Explosives—Construction’ at 

2 a rate for operations of $0. 

3 ‘‘SEC. 320. Notwithstanding section 101, amounts 

4 are provided for ‘Department of Justice—Office of Justice 

5 Programs—Weed and Seed Program Fund’ at a rate for 

6 operations of $0. 

7 ‘‘SEC. 321. Notwithstanding section 101, amounts 

8 are provided for ‘National Aeronautics and Space Admin9 istration—Space Operations’ at a rate for operations of 

10 $6,047,800,000: Provided, That the proviso under such 

11 heading in division B of Public Law 111–117 shall not 

12 apply to funds appropriated by this Act. 

13 ‘‘SEC. 322. Notwithstanding section 101, amounts 

14 are provided for ‘National Aeronautics and Space Admin15 istration—Construction and Environmental Compliance 

16 and Remediation’ at a rate for operations of 

17 $408,300,000: Provided, That such rate shall not apply 

18 to amounts made available by section 101 from lease pro19 ceeds under such account: Provided further, That the first 

20 proviso under such heading in division B of Public Law 

21 111–117 shall not apply to funds appropriated by this Act. 

22 ‘‘SEC. 323. Of the unobligated balances of funds 

23 made available in prior appropriation Acts for ‘Corps of 

24 Engineers-Civil—Construction’, $100,000,000 is re25 scinded: Provided, That no amounts in this section may 


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1 be rescinded from amounts that were designated by Con2 gress as an emergency requirement pursuant to a concur3 rent resolution on the budget or the Balanced Budget and 

4 Emergency Deficit Control Act of 1985. 

5 ‘‘SEC. 324. Notwithstanding sections 101 and 172, 

6 amounts are provided for ‘Corps of Engineers-Civil—Mis7 sissippi River and Tributaries’ at a rate for operations of 

8 $240,000,000: Provided, That the proviso under such 

9 heading in Public Law 111–85 shall not apply to funds 

10 appropriated by this Act: Provided further, That of the un11 obligated balances of funds made available in prior appro12 priation Acts for ‘Corps of Engineers-Civil—Mississippi 

13 River and Tributaries’ or ‘Corps of Engineers-Civil— 

14 Flood Control, Mississippi River and Tributaries, Arkan15 sas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, 

16 and Tennessee’, $22,000,000 is rescinded: Provided fur17 ther, That such rescission shall be derived by cancelling 

18 unobligated balances for the Yazoo Basin, Backwater 

19 Pump, Mississippi project: Provided further, That no 

20 amounts in this section may be rescinded from amounts 

21 that were designated by Congress as an emergency re22 quirement pursuant to a concurrent resolution on the 

23 budget or the Balanced Budget and Emergency Deficit 

24 Control Act of 1985. 


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1 ‘‘SEC. 325. Of the unobligated balances of funds 

2 made available in prior appropriation Acts for ‘Depart3 ment of Energy—Energy Programs—Energy Efficiency 

4 and Renewable Energy’, $11,243,000 is rescinded: Pro5 vided, That no amounts in this section may be rescinded 

6 from amounts that were designated by Congress as an 

7 emergency requirement pursuant to a concurrent resolu8 tion on the budget or the Balanced Budget and Emer9 gency Deficit Control Act of 1985. 

10 ‘‘SEC. 326. Of the unobligated balances of funds 

11 made available in prior appropriation Acts for ‘Depart12 ment of Energy—Energy Programs—Electricity Delivery 

13 and Energy Reliability’, $2,400,000 is rescinded: Pro14 vided, That no amounts in this section may be rescinded 

15 from amounts that were designated by Congress as an 

16 emergency requirement pursuant to a concurrent resolu17 tion on the budget or the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 

19 ‘‘SEC. 327. Of the unobligated balances of funds 

20 made available in prior appropriation Acts for ‘Depart21 ment of Energy—Energy Programs—Nuclear Energy’, 

22 $6,300,000 is rescinded: Provided, That no amounts in 

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1 ant to a concurrent resolution on the budget or the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 ‘‘SEC. 328. Of the unobligated balances of funds 

4 made available in prior appropriation Acts for ‘Depart5 ment of Energy—Energy Programs—Fossil Energy Re6 search and Development’, $30,600,000 is rescinded: Pro7 vided, That no amounts in this section may be rescinded 

8 from amounts that were designated by Congress as an 

9 emergency requirement pursuant to a concurrent resolu10 tion on the budget or the Balanced Budget and Emer11 gency Deficit Control Act of 1985. 

12 ‘‘SEC. 329. Of the unobligated balances of funds 

13 made available in prior appropriation Acts for ‘Depart14 ment of Energy—Energy Programs—Naval Petroleum 

15 and Oil Shale Reserves’, $2,100,000 is rescinded: Pro16 vided, That no amounts in this section may be rescinded 

17 from amounts that were designated by Congress as an 

18 emergency requirement pursuant to a concurrent resolu19 tion on the budget or the Balanced Budget and Emer20 gency Deficit Control Act of 1985. 

21 ‘‘SEC. 330. Notwithstanding section 101, amounts 

22 are provided for ‘Department of Energy—Energy Pro23 grams—Strategic Petroleum Reserve’ at a rate for oper24 ations of $209,414,000: Provided, That of the unobligated 

25 balances of funds made available under such heading in 


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1 Public Law 110–161, $14,493,000 is rescinded, to be de2 rived from amounts made available for new site land ac3 quisition activities: Provided further, That of the unobli4 gated balances of funds made available under such head5 ing in Public Law 110–329, $31,507,000 is rescinded, to 

6 be derived from amounts made available for new site ex7 pansion activities, beyond land acquisition: Provided fur8 ther, That of the unobligated balances of funds made 

9 available under such heading in Public Law 111–85, 

10 $25,000,000 is rescinded: Provided further, That of the 

11 unobligated balances of funds made available under such 

12 heading in prior appropriation Acts, in addition to the 

13 other amounts rescinded in this section, $15,300,000 is 

14 rescinded: Provided further, That no amounts in this sec15 tion may be rescinded from amounts that were designated 

16 by Congress as an emergency requirement pursuant to a 

17 concurrent resolution on the budget or the Balanced 

18 Budget and Emergency Deficit Control Act of 1985. 

19 ‘‘SEC. 331. Of the unobligated balances of funds 

20 made available in prior appropriation Acts for ‘Depart21 ment of Energy—Energy Programs—Clean Coal Tech22 nology’, $18,000,000 is rescinded: Provided, That no 

23 amounts in this section may be rescinded from amounts 

24 that were designated by Congress as an emergency re25 quirement pursuant to a concurrent resolution on the 


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1 budget or the Balanced Budget and Emergency Deficit 

2 Control Act of 1985. 

3 ‘‘SEC. 332. Of the unobligated balances of funds 

4 made available in prior appropriation Acts for ‘Depart5 ment of Energy—Energy Programs—Energy Information 

6 Administration’, $400,000 is rescinded: Provided, That no 

7 amounts in this section may be rescinded from amounts 

8 that were designated by Congress as an emergency re9 quirement pursuant to a concurrent resolution on the 

10 budget or the Balanced Budget and Emergency Deficit 

11 Control Act of 1985. 

12 ‘‘SEC. 333. Notwithstanding section 101, amounts 

13 are provided for ‘Department of Energy—Energy Pro14 grams—Non-Defense Environmental Cleanup’ at a rate 

15 for operations of $225,000,000. 

16 ‘‘SEC. 334. Notwithstanding section 101, amounts 

17 are provided for ‘Department of Energy—Energy Pro18 grams—Uranium Enrichment Decontamination and De19 commissioning Fund’ at a rate for operations of 

20 $514,000,000: Provided, That of the unobligated balances 

21 of funds made available under such heading in prior ap22 propriation Acts, $10,000,000 is rescinded: Provided fur23 ther, That no amounts in this section may be rescinded 

24 from amounts that were designated by Congress as an 

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1 tion on the budget or the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 ‘‘SEC. 335. Of the unobligated balances of funds 

4 made available in prior appropriation Acts for ‘Depart5 ment of Energy—Energy Programs—Science’, 

6 $7,200,000 is rescinded: Provided, That no amounts in 

7 this section may be rescinded from amounts that were des8 ignated by Congress as an emergency requirement pursu9 ant to a concurrent resolution on the budget or the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 

11 ‘‘SEC. 336. Notwithstanding section 101, amounts 

12 are provided for ‘Department of Energy—Energy Pro13 grams—Advanced Technology Vehicles Manufacturing 

14 Loan Program’ at a rate for operations of $9,998,000. 

15 ‘‘SEC. 337. Of the unobligated balances of funds 

16 made available in prior appropriation Acts for ‘Depart17 ment of Energy—Energy Programs—Departmental Ad18 ministration’, $11,900,000 is rescinded: Provided, That no 

19 amounts in this section may be rescinded from amounts 

20 that were designated by Congress as an emergency re21 quirement pursuant to a concurrent resolution on the 

22 budget or the Balanced Budget and Emergency Deficit 

23 Control Act of 1985. 

24 ‘‘SEC. 338. Of the unobligated balances of funds 

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1 ment of Energy—Atomic Energy Defense Activities—Na2 tional Nuclear Security Administration—Naval Reactors’, 

3 $1,200,000 is rescinded: Provided, That no amounts in 

4 this section may be rescinded from amounts that were des5 ignated by Congress as an emergency requirement pursu6 ant to a concurrent resolution on the budget or the Bal7 anced Budget and Emergency Deficit Control Act of 1985. 

8 ‘‘SEC. 339. Notwithstanding sections 101 and 182, 

9 amounts are provided for ‘Department of Energy—Atomic 

10 Energy Defense Activities—National Nuclear Security 

11 Administration—Office of the Administrator’ at a rate for 

12 operations of $399,793,000: Provided, That the last pro13 viso under such heading in Public Law 111–85 shall not 

14 apply to funds appropriated by this Act: Provided further, 

15 That of the unobligated balances of funds made available 

16 under such heading in prior appropriation Acts, 

17 $4,400,000 is rescinded: Provided further, That no 

18 amounts in this section may be rescinded from amounts 

19 that were designated by Congress as an emergency re20 quirement pursuant to a concurrent resolution on the 

21 budget or the Balanced Budget and Emergency Deficit 

22 Control Act of 1985. 

23 ‘‘SEC. 340. Notwithstanding sections 101 and 183, 

24 amounts are provided for ‘Department of Energy—Envi25 ronmental and Other Defense Activities—Defense EnviVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 ronmental Cleanup’ at a rate for operations of 

2 $5,096,000,000, of which $33,700,000 shall be trans3 ferred to the ‘Uranium Enrichment Decontamination and 

4 Decommissioning Fund’: Provided, That the proviso under 

5 such heading in Public Law 111–85 shall not apply to 

6 funds appropriated by this Act: Provided further, That of 

7 the unobligated balances of funds made available under 

8 such heading in prior appropriation Acts, $11,900,000 is 

9 rescinded: Provided further, That no amounts in this sec10 tion may be rescinded from amounts that were designated 

11 by Congress as an emergency requirement pursuant to a 

12 concurrent resolution on the budget or the Balanced 

13 Budget and Emergency Deficit Control Act of 1985. 

14 ‘‘SEC. 341. Notwithstanding sections 101 and 184, 

15 amounts are provided for ‘Department of Energy—Envi16 ronmental and Other Defense Activities—Other Defense 

17 Activities’ at a rate for operations of $823,000,000: Pro18 vided, That the proviso under such heading in Public Law 

19 111–85 shall not apply to funds appropriated by this Act: 

20 Provided further, That of the unobligated balances of 

21 funds made available under such heading in prior appro22 priation Acts, $3,400,000 is rescinded: Provided further, 

23 That no amounts in this section may be rescinded from 

24 amounts that were designated by Congress as an emer25 gency requirement pursuant to a concurrent resolution on 


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1 the budget or the Balanced Budget and Emergency Def2 icit Control Act of 1985. 

3 ‘‘SEC. 342. Notwithstanding section 101, amounts 

4 are provided for ‘Denali Commission’ at a rate for oper5 ations of $10,700,000: Provided, That of the unobligated 

6 balances of funds made available under such heading in 

7 prior appropriation Acts, $15,000,000 is rescinded: Pro8 vided further, That no amounts in this section may be re9 scinded from amounts that were designated by Congress 

10 as an emergency requirement pursuant to a concurrent 

11 resolution on the budget or the Balanced Budget and 

12 Emergency Deficit Control Act of 1985. 

13 ‘‘SEC. 343. Notwithstanding section 101, amounts 

14 are provided for ‘Department of the Treasury—Depart15 mental Offices—Department-Wide Systems and Capital 

16 Investments Programs’ at a rate for operations of 

17 $4,000,000, and the first proviso under such heading in 

18 division C of Public Law 111–117 shall not apply to funds 

19 appropriated by this Act. 

20 ‘‘SEC. 344. Of the unobligated balances available 

21 under the heading ‘Department of the Treasury—Treas22 ury Forfeiture Fund’, $400,000,000 is rescinded. 

23 ‘‘SEC. 345. Notwithstanding section 101, amounts 

24 are provided for ‘Department of the Treasury—Financial 


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1 Management Service—Salaries and Expenses’ at a rate 

2 for operations of $232,838,000. 

3 ‘‘SEC. 346. Notwithstanding section 101, amounts 

4 are provided for ‘Department of the Treasury—Alcohol 

5 and Tobacco Tax and Trade Bureau—Salaries and Ex6 penses’ at a rate for operations of $99,831,000, and the 

7 proviso under such heading in division C of Public Law 

8 111–117 shall not apply to funds appropriated by this Act. 

9 ‘‘SEC. 347. Notwithstanding section 101, amounts 

10 are provided for ‘Department of the Treasury—Bureau of 

11 the Public Debt—Administering the Public Debt’ at a rate 

12 for operations of $184,658,000. 

13 ‘‘SEC. 348. Notwithstanding sections 101 and 250, 

14 amounts are provided for ‘Department of the Treasury— 

15 Community Development Financial Institutions Fund 

16 Program Account’ at a rate for operations of 

17 $163,600,000, and the requirement to transfer funds to 

18 the Capital Magnet Fund and the funding designation of 

19 $3,150,000 for an additional pilot project grant under 

20 such heading in division C of Public Law 111–117 shall 

21 not apply to funds appropriated by this Act. 

22 ‘‘SEC. 349. Notwithstanding section 101, amounts 

23 are provided for ‘Executive Office of the President and 

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1 ment and Budget—Salaries and Expenses’ at a rate for 

2 operations of $92,500,000. 

3 ‘‘SEC. 350. Notwithstanding section 101, amounts 

4 are provided for ‘Executive Office of the President and 

5 Funds Appropriated to the President—Partnership Fund 

6 for Program Integrity Innovation’ at a rate for operations 

7 of $0. 

8 ‘‘SEC. 351. Notwithstanding section 101, amounts 

9 are provided for ‘Executive Office of the President and 

10 Funds Appropriated to the President—Office of National 

11 Drug Control Policy—Counterdrug Technology Assess12 ment Center’ at a rate for operations of $0. 

13 ‘‘SEC. 352. Notwithstanding sections 101 and 251, 

14 amounts are provided for ‘Executive Office of the Presi15 dent and Funds Appropriated to the President—Office of 

16 National Drug Control Policy—Other Federal Drug Con17 trol Programs’ at a rate for operations of $142,400,000, 

18 of which $85,500,000 shall be for the Drug-Free Commu19 nities Program; and amounts included under such heading 

20 shall be applied to funds appropriated by this Act by sub21 stituting ‘$0’ for ‘$1,000,000’, ‘$1,250,000’, and 

22 ‘$250,000’. 

23 ‘‘SEC. 353. Notwithstanding section 101, amounts 

24 are provided for ‘The Judiciary—Supreme Court of the 


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1 United States—Care of the Building and Grounds’ at a 

2 rate for operations of $8,175,000. 

3 ‘‘SEC. 354. Notwithstanding section 101, amounts 

4 are provided for ‘The Judiciary—Courts of Appeals, Dis5 trict Courts, and Other Judicial Services—Fees of Jurors 

6 and Commissioners’ at a rate for operations of 

7 $52,410,000. 

8 ‘‘SEC. 355. Notwithstanding section 101, amounts 

9 are provided for ‘District of Columbia—Federal Funds— 

10 Federal Payment to the District of Columbia Courts’ at 

11 a rate for operations of $244,660,000, of which 

12 $59,000,000 shall be for capital improvements. 

13 ‘‘SEC. 356. Notwithstanding section 101, amounts 

14 are provided for ‘District of Columbia—Federal Funds— 

15 Federal Payment for Consolidated Laboratory Facility’ at 

16 a rate for operations of $0. 

17 ‘‘SEC. 357. Notwithstanding section 101, amounts 

18 are provided for ‘District of Columbia—Federal Funds— 

19 Federal Payment for Housing for the Homeless’ at a rate 

20 for operations of $10,000,000. 

21 ‘‘SEC. 358. Notwithstanding section 101, amounts 

22 are provided for ‘District of Columbia—Federal Funds— 

23 Federal Payment for Youth Services’ at a rate for oper24 ations of $0. 


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1 ‘‘SEC. 359. Section 814 of division C of Public Law 

2 111–117 shall be applied to funds appropriated by this 

3 Act by striking ‘Federal’. 

4 ‘‘SEC. 360. Notwithstanding section 101, amounts 

5 are provided for ‘Election Assistance Commission—Sala6 ries and Expenses’ at a rate for operations of 

7 $16,800,000, of which $3,250,000 shall be transferred to 

8 the National Institute of Standards and Technology for 

9 election reform activities authorized under the Help Amer10 ica Vote Act of 2002 (Public Law 107–252). 

11 ‘‘SEC. 361. Notwithstanding sections 101 and 253, 

12 the aggregate amount of new obligational authority pro13 vided under the heading ‘General Services Administra14 tion—Real Property Activities—Federal Buildings 

15 Fund—Limitations on Availability of Revenue’ for Fed16 eral buildings and courthouses and other purposes of the 

17 Fund shall be available at a rate for operations of 

18 $7,504,272,000, of which: (1) $0 is for ‘Construction and 

19 Acquisition’; and (2) $284,000,000 is for ‘Repairs and Al20 terations’ for Special Emphasis Programs and Basic Re21 pairs and Alterations. 

22 ‘‘SEC. 362. Notwithstanding section 101, amounts 

23 are provided for ‘General Services Administration—Fed24 eral Citizen Services Fund’ at a rate for operations of 

25 $34,689,000. 


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1 ‘‘SEC. 363. Notwithstanding section 101, amounts 

2 are provided for ‘General Services Administration—Elec3 tronic Government Fund’ at a rate for operations of 

4 $17,000,000. 

5 ‘‘SEC. 364. Notwithstanding section 101, amounts 

6 are provided for ‘National Archives and Records Adminis7 tration—Electronic Records Archives’ at a rate for oper8 ations of $72,000,000, of which $52,500,000 shall remain 

9 available until September 30, 2013. 

10 ‘‘SEC. 365. Notwithstanding section 101, amounts 

11 are provided for ‘National Archives and Records Adminis12 tration—National Historical Publications and Records 

13 Commission—Grants Program’ at a rate for operations of 

14 $6,000,000. 

15 ‘‘SEC. 366. The amounts included under the heading 

16 ‘Office of Personnel Management—Salaries and Ex17 penses’ in division C of Public Law 111–117 shall be ap18 plied to funds appropriated by this Act by substituting 

19 ‘$101,270,000’ for ‘$102,970,000’ and by substituting 

20 ‘$111,038,000’ for ‘$112,738,000’. 

21 ‘‘SEC. 367. Notwithstanding section 156 of this Act 

22 and section 503 of Public Law 111–83, amounts made 

23 available by this Act for the Department of Homeland Se24 curity shall be available for reprogramming or transfer be25 tween and within appropriations to the extent necessary 


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1 to address emergent circumstances, to meet critical oper2 ational requirements, to avoid furloughs or reduction in 

3 force, or to provide funding for critical programs and ac4 tivities required by law: Provided, That such 

5 reprogrammings or transfers may not result in the termi6 nation or initiation of a program, project, or activity: Pro7 vided further, That the Committees on Appropriations of 

8 the Senate and the House of Representatives shall be noti9 fied 15 days in advance of such reprogramming or transfer 

10 of funds. 

11 ‘‘SEC. 368. Notwithstanding sections 101 and 186, 

12 amounts are provided for ‘Department of Homeland Secu13 rity—Office of the Under Secretary for Management’ at 

14 a rate for operations of $239,933,000. 

15 ‘‘SEC. 369. Notwithstanding section 101, amounts 

16 are provided for ‘Department of Homeland Security—Of17 fice of the Chief Financial Officer’ at a rate for operations 

18 of $53,530,000. 

19 ‘‘SEC. 370. Notwithstanding section 101, amounts 

20 are provided for ‘Department of Homeland Security—Of21 fice of the Federal Coordinator for Gulf Coast Rebuilding’ 

22 at a rate for operations of $0. 

23 ‘‘SEC. 371. Notwithstanding section 101, amounts 

24 are provided for ‘Department of Homeland Security— 

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1 ernization’ at a rate for operations of $341,575,000, of 

2 which $153,090,000 shall be for the Automated Commer3 cial Environment. 

4 ‘‘SEC. 372. Notwithstanding section 101, amounts 

5 are provided for ‘Department of Homeland Security— 

6 U.S. Customs and Border Protection—Border Security 

7 Fencing, Infrastructure, and Technology’ at a rate for op8 erations of $574,173,000. 

9 ‘‘SEC. 373. Notwithstanding section 101, amounts 

10 are provided for ‘Department of Homeland Security— 

11 U.S. Customs and Border Protection—Air and Marine 

12 Interdiction, Operations, Maintenance, and Procurement’ 

13 at a rate for operations of $516,326,000. 

14 ‘‘SEC. 374. Notwithstanding section 101, amounts 

15 are provided for ‘Department of Homeland Security— 

16 U.S. Immigration and Customs Enforcement—Automa17 tion Modernization’ at a rate for operations of 

18 $75,000,000. 

19 ‘‘SEC. 375. Notwithstanding section 101, amounts 

20 are provided for ‘Department of Homeland Security— 

21 U.S. Immigration and Customs Enforcement—Construc22 tion’ at a rate for operations of $0. 

23 ‘‘SEC. 376. Notwithstanding section 101, amounts 

24 are provided for ‘Department of Homeland Security— 

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1 portation Security’ at a rate for operations of 

2 $105,961,000. 

3 ‘‘SEC. 377. Notwithstanding section 101, amounts 

4 are provided for ‘Department of Homeland Security— 

5 Transportation Security Administration—Transportation 

6 Threat Assessment and Credentialing’ at a rate for oper7 ations of $162,999,000. 

8 ‘‘SEC. 378. Notwithstanding sections 101 and 193, 

9 amounts are provided for ‘Department of Homeland Secu10 rity—National Protection and Programs Directorate—In11 frastructure Protection and Information Security’ at a 

12 rate for operations of $859,000,000. 

13 ‘‘SEC. 379. Notwithstanding section 101, amounts 

14 are provided for ‘Department of Homeland Security—Na15 tional Protection and Programs Directorate—United 

16 States Visitor and Immigrant Status Indicator Tech17 nology’ at a rate for operations of $334,613,000. 

18 ‘‘SEC. 380. Notwithstanding sections 101 and 195, 

19 amounts are provided for ‘Department of Homeland Secu20 rity—Federal Emergency Management Agency—State 

21 and Local Programs’ at a rate for operations of 

22 $2,417,500,000: Provided, That of the amount provided 

23 by this Act for the State Homeland Security Grant Pro24 gram under such heading, $50,000,000 shall be for the 

25 Driver’s License Security Grant Program and 


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1 $10,000,000 shall be for the Citizen Corps Program: Pro2 vided further, That the amounts provided by this Act for 

3 the Citizen Corps Program under such heading shall not 

4 be subject to the requirements of subtitle A of title XX 

5 of the Homeland Security Act of 2002 (6 U.S.C. 603 et 

6 seq.): Provided further, That the amounts included under 

7 such heading in Public Law 111–83 shall be applied to 

8 funds appropriated by this Act as follows: in paragraph 

9 (1), by substituting ‘$788,000,000’ for ‘$950,000,000’; in 

10 paragraph (2), by substituting ‘$788,000,000’ for 

11 ‘$887,000,000’; in paragraph (3), by substituting 

12 ‘$17,500,000’ for ‘$35,000,000’; in paragraph (4), by sub13 stituting ‘$35,000,000’ for ‘$41,000,000’; in paragraph 

14 (5), by substituting ‘$0’ for ‘$13,000,000’; in paragraph 

15 (6), by substituting ‘$260,000,000’ for ‘$300,000,000’; in 

16 paragraph (7), by substituting ‘$260,000,000’ for 

17 ‘$300,000,000’; in paragraph (8), by substituting 

18 ‘$5,000,000’ for ‘$12,000,000’; in paragraph (9), by sub19 stituting ‘$0’ for ‘$50,000,000’; in paragraph (10), by 

20 substituting ‘$0’ for ‘$50,000,000’; in paragraph (11), by 

21 substituting ‘$0’ for ‘$50,000,000’; in paragraph (12), by 

22 substituting ‘$20,000,000’ for ‘$60,000,000’ and by sub23 stituting ‘$0’ for each subsequent amount in such para24 graph; and in paragraph (13), by substituting 

25 ‘$244,000,000’ for ‘$267,200,000’: Provided further, That 


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1 the directed obligation provisions in paragraphs 13(A), 

2 13(B), and 13(C) under such heading in Public Law 111– 

3 83 shall not apply to funds appropriated by this Act: Pro4 vided further, That 5.5 percent of the amount provided 

5 for ‘Federal Emergency Management Agency—State and 

6 Local Programs’ by this Act shall be transferred to the 

7 ‘Federal Emergency Management Agency—Management 

8 and Administration’ account for program administration. 

9 ‘‘SEC. 381. Notwithstanding section 101, amounts 

10 are provided for ‘Department of Homeland Security— 

11 Federal Emergency Management Agency—Flood Map 

12 Modernization Fund’ at a rate for operations of 

13 $194,000,000. 

14 ‘‘SEC. 382. Notwithstanding sections 101 and 196, 

15 amounts are provided for ‘Department of Homeland Secu16 rity—Federal Emergency Management Agency—National 

17 Predisaster Mitigation Fund’ at a rate for operations of 

18 $60,000,000: Provided, That the directed obligation provi19 sion under such heading in Public Law 111–83 shall not 

20 apply to funds appropriated by this Act. 

21 ‘‘SEC. 383. Notwithstanding section 101, amounts 

22 are provided for ‘Department of Homeland Security— 

23 Federal Law Enforcement Training Center—Salaries and 

24 Expenses’ at a rate for operations of $235,919,000. 


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1 ‘‘SEC. 384. Notwithstanding section 101, amounts 

2 are provided for ‘Department of Homeland Security— 

3 Federal Law Enforcement Training Center—Acquisition, 

4 Construction, Improvements, and Related Expenses’ at a 

5 rate for operations of $38,456,000. 

6 ‘‘SEC. 385. Notwithstanding sections 101 and 197, 

7 amounts are provided for ‘Department of Homeland Secu8 rity—Science and Technology—Research, Development, 

9 Acquisition, and Operations’ at a rate for operations of 

10 $690,000,000. 

11 ‘‘SEC. 386. Of the funds transferred to the Depart12 ment of Homeland Security when it was created in 2003, 

13 the following amounts are rescinded from the following ac14 counts and programs: 

15 ‘‘(1) ‘Operations’, $1,692,000. 

16 ‘‘(2) ‘Violent Crime Reduction Program’, 

17 $4,871,492. 

18 ‘‘(3) ‘Office for Domestic Preparedness’, 

19 $10,568,934. 

20 ‘‘SEC. 387. Of the unobligated balances made avail21 able to the Department of Homeland Security pursuant 

22 to section 505 of Public Law 111–83, the following 

23 amounts are rescinded from the following accounts: 

24 ‘‘(1) ‘Office of the Secretary and Executive 

25 Management’, $1,437,015. 


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1 ‘‘(2) ‘Office of the Under Secretary for Man2 agement’, $821,104. 

3 ‘‘(3) ‘U.S. Customs and Border Protection— 

4 Salaries and Expenses’, $8,500,000. 

5 ‘‘(4) ‘U.S. Immigration and Customs Enforce6 ment—Salaries and Expenses’, $8,500,000. 

7 ‘‘(5) ‘Transportation Security Administration— 

8 Federal Air Marshals’, $2,429,978. 

9 ‘‘(6) ‘Coast Guard—Operating Expenses’, 

10 $13,508,196. 

11 ‘‘(7) ‘Coast Guard—Reserve Training’, 

12 $3,411,505. 

13 ‘‘(8) ‘National Protection and Programs Direc14 torate—Infrastructure Protection and Information 

15 Security’, $861,290. 

16 ‘‘(9) ‘United States Secret Service—Salaries 

17 and Expenses’, $602,956. 

18 ‘‘(10) ‘Federal Emergency Management Agen19 cy—Management and Administration’, $814,153. 

20 ‘‘(11) ‘Office of Health Affairs’, $831,400. 

21 ‘‘(12) ‘United States Citizenship and Immigra22 tion Services’, $7,945,983. 

23 ‘‘(13) ‘Federal Law Enforcement Training Cen24 ter—Salaries and Expenses’, $1,010,795. 


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1 ‘‘SEC. 388. Of the unobligated balances available for 

2 the following accounts of the Department of Homeland Se3 curity, the following amounts are rescinded: 

4 ‘‘(1) ‘U.S. Customs and Border Protection— 

5 Automation Modernization’, $10,000,000. 

6 ‘‘(2) ‘U.S. Customs and Border Protection— 

7 Border Security Fencing, Infrastructure, and Tech8 nology’, $119,000,000. 

9 ‘‘(3) ‘Federal Emergency Management Agen10 cy—National Predisaster Mitigation Fund’, 

11 $19,603,000. 

12 ‘‘(4) ‘Science and Technology—Research, De13 velopment, Acquisition, and Operations’, $6,500,000. 

14 ‘‘(5) ‘Domestic Nuclear Detection Office—Re15 search, Development, and Operations’, $15,700,000. 

16 ‘‘(6) ‘Coast Guard—Acquisition, Construction, 

17 and Improvements’, $1,122,000. 

18 ‘‘SEC. 389. Of the unobligated balances made avail19 able under section 44945 of title 49, United States Code, 

20 $800,000 is rescinded. 

21 ‘‘SEC. 390. Of the unobligated balances available for 

22 accounts under the heading ‘Department of Homeland Se23 curity—Transportation Security Administration’, 

24 $15,000,000 is rescinded (in addition to amounts other25 wise rescinded by this Act): Provided, That the TransporVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 tation Security Administration shall not rescind any unob2 ligated balances from the following programs: explosives 

3 detection systems; checkpoint support; aviation regulation 

4 and other enforcement; and air cargo. 

5 ‘‘SEC. 391. Of the unobligated balances available for 

6 ‘Department of Homeland Security—National Protection 

7 and Programs Directorate—Infrastructure Protection and 

8 Information Security’, the following amounts are re9 scinded: 

10 ‘‘(1) $6,000,000, to be derived from amounts 

11 made available for Next Generation Networks. 

12 ‘‘(2) $9,600,000, to be derived from amounts 

13 which shall be specified by the Secretary of Home14 land Security in a report submitted not later than 

15 15 days after the date of the enactment of this Act 

16 to the Committees on Appropriations of the Senate 

17 and the House of Representatives, describing the 

18 amounts rescinded and the original purpose of such 

19 funds. 

20 ‘‘SEC. 392. Of the unobligated balances available in 

21 the Department of the Treasury Forfeiture Fund estab22 lished by section 9703 of title 31, United States Code, as 

23 added by section 638 of Public Law 102–393, 

24 $22,600,000 is rescinded. 


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1 ‘‘SEC. 393. Notwithstanding sections 101 and 258, 

2 amounts are provided for ‘Department of the Interior— 

3 Bureau of Land Management—Management of Lands 

4 and Resources’ at a rate for operations of $927,523,000: 

5 Provided, That the amounts included under such heading 

6 in division A of Public Law 111–88 shall be applied to 

7 funds appropriated by this Act by substituting 

8 ‘$927,523,000’ for ‘$959,571,000’ the second place it ap9 pears. 

10 ‘‘SEC. 394. Notwithstanding sections 101 and 259, 

11 amounts are provided for ‘Department of the Interior— 

12 Bureau of Land Management—Construction’ at a rate for 

13 operations of $3,590,000. 

14 ‘‘SEC. 395. Notwithstanding sections 101 and 260, 

15 amounts are provided for ‘Department of the Interior— 

16 Bureau of Land Management—Land Acquisition’ at a 

17 rate for operations of $22,212,000: Provided, That the 

18 proviso under such heading in division A of Public Law 

19 111–88 shall not apply to funds appropriated by this Act. 

20 ‘‘SEC. 396. Notwithstanding sections 101 and 261, 

21 amounts are provided for ‘Department of the Interior— 

22 United States Fish and Wildlife Service—Resource Man23 agement’ at a rate for operations of $1,235,052,000: Pro24 vided, That the amounts included under such heading in 

25 division A of Public Law 111–88 shall be applied to funds 


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1 appropriated by this Act as follows: by substituting 

2 ‘$20,945,000’ for ‘$22,103,000’; and by substituting 

3 ‘$10,474,000’ for ‘$11,632,000’. 

4 ‘‘SEC. 397. Notwithstanding sections 101 and 262, 

5 amounts are provided for ‘Department of the Interior— 

6 United States Fish and Wildlife Service—Construction’ at 

7 a rate for operations of $23,737,000. 

8 ‘‘SEC. 398. Notwithstanding sections 101 and 263, 

9 amounts are provided for ‘Department of the Interior— 

10 United States Fish and Wildlife Service—Land Acquisi11 tion’ at a rate for operations of $57,471,000. 

12 ‘‘SEC. 399. Of the unobligated amounts available for 

13 ‘Department of the Interior—United States Fish and 

14 Wildlife Service—Landowner Incentive Program’ from 

15 prior year appropriations, all remaining amounts are re16 scinded. 

17 ‘‘SEC. 400. Notwithstanding section 101, amounts 

18 are provided for ‘Department of the Interior—United 

19 States Fish and Wildlife Service—Cooperative Endan20 gered Species Conservation Fund’ at a rate for operations 

21 of $63,831,000: Provided, That the amounts included 

22 under such heading in division A of Public Law 111–88 

23 shall be applied to funds appropriated by this Act as fol24 lows: by substituting ‘$24,835,000’ for ‘$29,000,000’; by 


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1 substituting ‘$4,987,297’ for ‘$5,145,706’; and by sub2 stituting ‘$38,996,000’ for ‘$56,000,000’. 

3 ‘‘SEC. 401. Notwithstanding section 101, amounts 

4 are provided for ‘Department of the Interior—United 

5 States Fish and Wildlife Service—North American Wet6 lands Conservation Fund’ at a rate for operations of 

7 $40,000,000. 

8 ‘‘SEC. 402. Notwithstanding section 101, amounts 

9 are provided for ‘Department of the Interior—United 

10 States Fish and Wildlife Service—Neotropical Migratory 

11 Bird Conservation’ at a rate for operations of $4,430,000. 

12 ‘‘SEC. 403. Notwithstanding section 101, amounts 

13 are provided for ‘Department of the Interior—United 

14 States Fish and Wildlife Service—Multinational Species 

15 Conservation Fund’ at a rate for operations of 

16 $7,875,000. 

17 ‘‘SEC. 404. Notwithstanding section 101, amounts 

18 are provided for ‘Department of the Interior—United 

19 States Fish and Wildlife Service—State and Tribal Wild20 life Grants’ at a rate for operations of $80,000,000. 

21 ‘‘SEC. 405. Notwithstanding section 101, amounts 

22 are provided for ‘Department of the Interior—National 

23 Park Service—Park Partnership Project Grants’ at a rate 

24 for operations of $0: Provided, That all of the provisos 


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1 under such heading in division A of Public Law 111–88 

2 shall not apply to funds appropriated by this Act. 

3 ‘‘SEC. 406. Notwithstanding sections 101 and 266, 

4 amounts are provided for ‘Department of the Interior— 

5 National Park Service—Construction’ at a rate for oper6 ations of $210,066,000: Provided, That the last proviso 

7 under such heading in division A of Public Law 111–88 

8 shall not apply to funds appropriated by this Act. 

9 ‘‘SEC. 407. Notwithstanding sections 101 and 267, 

10 amounts are provided for ‘Department of the Interior— 

11 National Park Service—Land Acquisition and State As12 sistance’ at a rate for operations of $90,846,000: Pro13 vided, That the amounts included under such heading in 

14 division A of Public Law 111–88 shall be applied to funds 

15 appropriated by this Act as follows: by substituting 

16 ‘$31,000,000’ for ‘$40,000,000’; and by substituting 

17 ‘$6,000,000’ for ‘$9,000,000’. 

18 ‘‘SEC. 408. Of the unobligated amounts available for 

19 ‘Department of the Interior—National Park Service— 

20 Urban Park and Recreation Fund’, $625,000 is rescinded. 

21 ‘‘SEC. 409. Notwithstanding sections 101 and 268, 

22 amounts are provided for ‘Department of the Interior— 

23 United States Geological Survey—Surveys, Investigations, 

24 and Research’ at a rate for operations of $1,076,355,000: 

25 Provided, That the amounts included under such heading 


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1 in division A of Public Law 111–88 shall be applied to 

2 funds appropriated by this Act by substituting 

3 ‘$53,500,000’ for ‘$40,150,000’. 

4 ‘‘SEC. 410. Notwithstanding section 101, amounts 

5 are provided for ‘Department of the Interior—Bureau of 

6 Indian Affairs—Indian Land and Water Claim Settle7 ments and Miscellaneous Payments to Indians’ at a rate 

8 for operations of $46,480,000, of which $0 shall be for 

9 the matter pertaining to Public Law 109–379. 

10 ‘‘SEC. 411. Notwithstanding section 101, amounts 

11 are provided for ‘Department of the Interior—Bureau of 

12 Indian Affairs—Indian Land Consolidation’ at a rate for 

13 operations of $0. 

14 ‘‘SEC. 412. Notwithstanding section 101, amounts 

15 are provided for ‘Department of the Interior—Depart16 mental Offices—Office of the Secretary—Salaries and Ex17 penses’ at a rate for operations of $117,336,000. 

18 ‘‘SEC. 413. Notwithstanding sections 101 and 270, 

19 amounts are provided for ‘Department of the Interior— 

20 Departmental Offices—Insular Affairs—Assistance to 

21 Territories’ at a rate for operations of $78,670,000: Pro22 vided, That the amounts included under such heading in 

23 division A of Public Law 111–88 shall be applied to funds 

24 appropriated by this Act by substituting ‘$9,080,000’ for 

25 ‘$9,280,000’. 


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1 ‘‘SEC. 414. Notwithstanding section 101, amounts 

2 are provided for ‘Department of the Interior—Depart3 mental Offices—Insular Affairs—Compact of Free Asso4 ciation’ at a rate for operations of $5,422,000, of which 

5 $2,104,000 is for section 122 of division A of Public Law 

6 111–88. 

7 ‘‘SEC. 415. Notwithstanding section 101, amounts 

8 are provided for ‘Department of the Interior—Depart9 ment-wide Programs—Wildland Fire Management’ at a 

10 rate for operations of $919,897,000: Provided, That the 

11 amounts included under such heading in division A of 

12 Public Law 111–88 shall be applied to funds appropriated 

13 by this Act by substituting ‘$0’ for ‘$125,000,000’: Pro14 vided further, That of the unobligated balances available 

15 under such heading in division A of Public Law 111–88 

16 and prior appropriations Acts, $150,000,000 is rescinded: 

17 Provided further, That no amounts in this section may be 

18 rescinded from amounts that were designated by Congress 

19 as an emergency requirement pursuant to a concurrent 

20 resolution on the budget or the Balanced Budget and 

21 Emergency Deficit Control Act of 1985. 

22 ‘‘SEC. 416. Notwithstanding sections 101 and 271, 

23 amounts are provided for ‘Environmental Protection 

24 Agency—Science and Technology’ at a rate for operations 

25 of $826,370,000, of which $0 shall be for the purposes 


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1 specified in ‘Research/National Priorities’ under the head2 ing ‘Science and Technology’ in the joint explanatory 

3 statement of the managers accompanying Public Law 

4 111–88 and $51,297,000 shall be for ‘Homeland Security’ 

5 under the heading ‘Science and Technology’ in the table 

6 of detailed funding recommendations contained at the end 

7 of such joint explanatory statement. 

8 ‘‘SEC. 417. Notwithstanding sections 101 and 272, 

9 amounts are provided for ‘Environmental Protection 

10 Agency—Environmental Programs and Management’ at a 

11 rate for operations of $2,779,851,000: Provided, That of 

12 the amounts provided by this Act for such account, $0 

13 shall be for cap and trade technical assistance and $0 shall 

14 be for the program specified in ‘Environmental Protection/ 

15 National Priorities’ under the heading ‘Environmental 

16 Programs and Management’ in the joint explanatory 

17 statement of the managers accompanying Public Law 

18 111–88: Provided further, That of the amounts provided 

19 by this Act for such account, amounts are provided for 

20 the Geographic Programs specified in such joint explana21 tory statement at a rate for operations of $424,875,000: 

22 Provided further, That of such amount for Geographic 

23 Programs, $300,000,000 shall be for the Great Lakes 

24 Restoration Initiative: Provided further, That of the 

25 amounts provided by this Act for such account, 


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1 $15,142,000 shall be for ‘Homeland Security’ under the 

2 heading ‘Environmental Programs and Management’ in 

3 the table of detailed funding recommendations contained 

4 at the end of such joint explanatory statement. 

5 ‘‘SEC. 418. Notwithstanding section 101, amounts 

6 are provided for ‘Environmental Protection Agency—Haz7 ardous Substance Superfund’ at a rate for operations of 

8 $1,293,475,000: Provided, That the amounts included 

9 under such heading in division A of Public Law 111–88 

10 shall be applied to funds appropriated by this Act as fol11 lows: by substituting ‘$1,293,475,000’ for 

12 ‘$1,306,541,000’ in the second place it appears; and by 

13 substituting ‘September 30, 2010’ for ‘September 30, 

14 2009’: Provided further, That of the amounts provided by 

15 this Act for such account, $43,468,000 shall be for 

16 ‘Homeland Security’ under the heading ‘Hazardous Sub17 stance Superfund’ in the table of detailed funding rec18 ommendations contained at the end of the joint explana19 tory statement of the managers accompanying Public Law 

20 111–88. 

21 ‘‘SEC. 419. Notwithstanding sections 101 and 274, 

22 amounts are provided for ‘Environmental Protection 

23 Agency—State and Tribal Assistance Grants’ at a rate for 

24 operations of $4,077,946,000: Provided, That the 

25 amounts included under such heading in division A of 


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1 Public Law 111–88 shall be applied to funds appropriated 

2 by this Act as follows: by substituting ‘$1,700,000,000’ 

3 for ‘$2,100,000,000’; by substituting ‘$1,087,000,000’ for 

4 ‘$1,387,000,000’; by substituting ‘$14,500,000’ for 

5 ‘$17,000,000’; by substituting ‘$10,000,000’ for 

6 ‘$13,000,000’; by substituting ‘$0’ for ‘$156,777,000’; by 

7 substituting ‘$0’ for ‘$20,000,000’; and by substituting 

8 ‘$1,106,446,000’ for ‘$1,116,446,000’. 

9 ‘‘SEC. 420. Notwithstanding section 101, the 

10 amounts authorized to transfer under the heading ‘Envi11 ronmental Protection Agency—Administrative Provisions, 

12 Environmental Protection Agency’ in division A of Public 

13 Law 111–88 shall be applied to funds appropriated by this 

14 Act by substituting ‘$300,000,000’ for ‘$475,000,000’. 

15 ‘‘SEC. 421. Notwithstanding sections 101 and 276, 

16 amounts are provided for ‘Department of Agriculture— 

17 Forest Service—Forest and Rangeland Research’ at a rate 

18 for operations of $297,252,000. 

19 ‘‘SEC. 422. Notwithstanding sections 101 and 277, 

20 amounts are provided for ‘Department of Agriculture— 

21 Forest Service—State and Private Forestry’ at a rate for 

22 operations of $272,797,000: Provided, That the amounts 

23 included under such heading in division A of Public Law 

24 111–88 shall be applied to funds appropriated by this Act 

25 by substituting ‘$52,317,000’ for ‘$76,460,000’. 


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1 ‘‘SEC. 423. Notwithstanding sections 101 and 278, 

2 amounts are provided for ‘Department of Agriculture— 

3 Forest Service—National Forest System’ at a rate for op4 erations of $1,534,089,000. 

5 ‘‘SEC. 424. Notwithstanding sections 101 and 279, 

6 amounts are provided for ‘Department of Agriculture— 

7 Forest Service—Capital Improvement and Maintenance’ 

8 at a rate for operations of $499,618,000: Provided, That 

9 the amounts included under such heading in division A 

10 of Public Law 111–88 shall be applied to funds appro11 priated by this Act by substituting ‘$50,731,000’ for 

12 ‘$90,000,000’. 

13 ‘‘SEC. 425. Notwithstanding sections 101 and 281, 

14 amounts are provided for ‘Department of Agriculture— 

15 Forest Service—Wildland Fire Management’ at a rate for 

16 operations of $2,172,387,000: Provided, That the 

17 amounts included under such heading in division A of 

18 Public Law 111–88 shall be applied to funds appropriated 

19 by this Act by substituting ‘$0’ for ‘$75,000,000’. 

20 ‘‘SEC. 426. Notwithstanding section 101, amounts 

21 are provided for ‘Department of Agriculture—Forest 

22 Service—FLAME Wildfire Suppression Reserve Fund’ at 

23 a rate for operations of $291,000,000. 

24 ‘‘SEC. 427. Notwithstanding section 101, amounts 

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1 toration and Renovation of Buildings’ at a rate for oper2 ations of $48,221,000: Provided, That the amounts in3 cluded under such heading in division A of Public Law 

4 111–88 shall be applied to funds appropriated by this Act 

5 by substituting ‘$42,250,000’ for ‘$40,000,000’. 

6 ‘‘SEC. 428. Notwithstanding section 101, amounts 

7 are provided for ‘John F. Kennedy Center for the Per8 forming Arts—Operations and Maintenance’ at a rate for 

9 operations of $22,500,000: Provided, That the proviso 

10 under such heading in division A of Public Law 111–88 

11 shall not apply to funds appropriated by this Act. 

12 ‘‘SEC. 429. Notwithstanding section 101, amounts 

13 are provided for ‘John F. Kennedy Center for the Per14 forming Arts—Capital Repair and Restoration’ at a rate 

15 for operations of $13,920,000. 

16 ‘‘SEC. 430. Notwithstanding section 101, amounts 

17 are provided for ‘Commission of Fine Arts—National Cap18 ital Arts and Cultural Affairs’ at a rate for operations of 

19 $0. 

20 ‘‘SEC. 431. Notwithstanding sections 101, 200, and 

21 283, amounts are provided for ‘Department of Labor— 

22 Employment and Training Administration—Training and 

23 Employment Services’ at a rate for operations of 

24 $3,636,148,000, of which $196,661,000 shall be for na25 tional activities described in paragraph (3) under such 


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1 heading in division D of Public Law 111–117: Provided, 

2 That the amounts included for national activities under 

3 such heading in division D of Public Law 111–117 shall 

4 be applied to funds appropriated by this Act as follows: 

5 by substituting ‘$44,561,000’ for ‘$93,450,000’, by sub6 stituting ‘$0’ for ‘48,889,000’, by substituting 

7 ‘$90,000,000’ for ‘$108,493,000’, by substituting ‘$0’ for 

8 ‘$125,000,000’, and by substituting ‘$0’ for 

9 ‘$65,000,000’. 

10 ‘‘SEC. 432. Of the unobligated balances available in 

11 ‘Department of Labor—Working Capital Fund’, 

12 $3,900,000 is permanently rescinded, to be derived solely 

13 from amounts available in the Investment in Reinvention 

14 Fund (other than amounts that were designated by the 

15 Congress as an emergency requirement pursuant to a con16 current resolution on the budget or the Balanced Budget 

17 and Emergency Deficit Control Act of 1985). 

18 ‘‘SEC. 433. Notwithstanding sections 101, 203, and 

19 285, amounts are provided for ‘Department of Health and 

20 Human Services—Health Resources and Services Admin21 istration—Health Resources and Services’ at a rate for 

22 operations of $6,982,520,000: Provided, That the eight23 eenth, nineteenth, twenty-second, and twenty-fifth pro24 visos under such heading in division D of Public Law 111– 

25 117 shall not apply to funds appropriated by this Act. 


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1 ‘‘SEC. 434. Notwithstanding sections 101 and 204, 

2 amounts are provided for ‘Department of Health and 

3 Human Services—Centers for Disease Control and Pre4 vention—Disease Control, Research, and Training’ at a 

5 rate for operations of $6,044,273,000, of which 

6 $750,000,000 shall be derived from funds transferred, 

7 pursuant to section 4002(c) of Public Law 111–148, from 

8 amounts appropriated by section 4002(b) of such Public 

9 Law: Provided, That for purposes of this section, section 

10 4002(c) of Public Law 111–148 shall be applied as if ‘, 

11 over the fiscal year 2008 level,’ were stricken from such 

12 section: Provided further, That the amount included before 

13 the first proviso under such heading in division D of Pub14 lic Law 111–117 shall be applied to funds appropriated 

15 by this Act by substituting ‘0’ for ‘$20,620,000’. 

16 ‘‘SEC. 435. Notwithstanding section 101, amounts 

17 are provided for ‘Department of Health and Human Serv18 ices—Administration for Children and Families—Low In19 come Home Energy Assistance’ at a rate for operations 

20 of $4,709,672,000, of which $200,000,000 shall be for 

21 payments under section 2602(e) of the Low Income Home 

22 Energy Assistance Act of 1981. 

23 ‘‘SEC. 436. Notwithstanding sections 101 and 208, 

24 amounts are provided for ‘Department of Health and 

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1 lies—Children and Families Services Programs’ at a rate 

2 for operations of $9,269,747,000: Provided, That the fif3 teenth proviso under such heading in division D of Public 

4 Law 111–117 shall not apply to funds appropriated by 

5 this Act. 

6 ‘‘SEC. 437. Notwithstanding sections 101 and 286, 

7 in addition to amounts otherwise made available by section 

8 130, amounts are provided for ‘Department of Health and 

9 Human Services—Office of the Secretary—Public Health 

10 and Social Services Emergency Fund’ at a rate for oper11 ations of $546,109,000, of which $65,578,000 shall be for 

12 expenses necessary to prepare for and respond to an influ13 enza pandemic (none of which shall be available past Sep14 tember 30, 2011), $35,000,000 shall be for expenses nec15 essary for fit-out and other costs related to a competitive 

16 lease procurement to renovate or replace the existing head17 quarters building for Public Health Service agencies and 

18 other components of the Department of Health and 

19 Human Services, and $235,000,000 shall be for Hospital 

20 Preparedness Cooperative Agreement Grants. 

21 ‘‘SEC. 438. Of the unobligated balances available for 

22 ‘Department of Education—Education for the Disadvan23 taged’ in division D of Public Law 111–117, 

24 $186,500,000 is rescinded, to be derived from the 


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1 amounts specified under such heading for availability 

2 under section 1502 of the ESEA. 

3 ‘‘SEC. 439. Notwithstanding sections 101 and 212, 

4 amounts are provided for ‘Department of Education— 

5 School Improvement Programs’ at a rate for operations 

6 of $5,080,695,000, of which $3,216,244,000 shall become 

7 available on July 1, 2011, and remain available through 

8 September 30, 2012: Provided, That of such amounts, no 

9 funds shall be available for activities authorized under 

10 subpart 1 of part D of title II of the ESEA or part Z 

11 of title VIII of the Higher Education Act of 1965: Pro12 vided further, That the second, third, and thirteenth pro13 visos under such heading in division D of Public Law 111– 

14 117 shall not apply to funds appropriated by this Act. 

15 ‘‘SEC. 440. Notwithstanding sections 101 and 213, 

16 amounts are provided for ‘Department of Education—In17 novation and Improvement’ at a rate for operations of 

18 $1,019,353,000, of which no funds shall be available for 

19 activities authorized under section 2151(c) of the ESEA, 

20 section 1504 of the ESEA, or part F of title VIII of the 

21 Higher Education Act of 1965, and $477,047,000 shall 

22 be for part D of title V of the ESEA: Provided, That the 

23 first, second, third, fourth, fifth, seventeenth, and eight24 eenth provisos under such heading in division D of Public 


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1 Law 111–117 shall not apply to funds appropriated by 

2 this Act. 

3 ‘‘SEC. 441. Notwithstanding sections 101 and 214, 

4 amounts are provided for ‘Department of Education— 

5 Safe Schools and Citizenship Education’ at a rate for op6 erations of $341,053,000, of which, notwithstanding sec7 tion 2343(b) of the ESEA, $2,578,000 is for the continu8 ation costs of awards made on a competitive basis under 

9 section 2345 of the ESEA and $207,053,000 shall be for 

10 subpart 2 of part A of title IV of the ESEA: Provided, 

11 That the first and third provisos under such heading in 

12 division D of Public Law 111–117 shall not apply to funds 

13 appropriated by this Act. 

14 ‘‘SEC. 442. Notwithstanding sections 101 and 216, 

15 amounts are provided for ‘Department of Education—Re16 habilitation Services and Disability Research’ at a rate for 

17 operations of $3,478,026,000: Provided, That the second 

18 proviso under such heading in division D of Public Law 

19 111–117 shall not apply to funds appropriated by this Act. 

20 ‘‘SEC. 443. Notwithstanding section 101, amounts 

21 are provided for ‘Department of Education—Special Insti22 tutions for Persons with Disabilities—National Technical 

23 Institute for the Deaf’ at a rate for operations of 

24 $65,677,000, of which $240,000 shall be available for con25 struction. 


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1 ‘‘SEC. 444. Notwithstanding sections 101 and 217, 

2 amounts are provided for ‘Department of Education—Ca3 reer, Technical, and Adult Education’ at a rate for oper4 ations of $1,897,541,000, of which $1,106,541,000 shall 

5 become available on July 1, 2011, and remain available 

6 through September 30, 2012 and no funds shall be avail7 able for activities authorized under subpart 4 of part D 

8 of title V of the ESEA: Provided, That the first, second, 

9 third, seventh, and eighth provisos under such heading in 

10 division D of Public Law 111–117 shall not apply to funds 

11 appropriated by this Act. 

12 ‘‘SEC. 445. Notwithstanding sections 101 and 219, 

13 amounts are provided for ‘Department of Education— 

14 Higher Education’ at a rate for operations of 

15 $2,094,985,000, of which no funds shall be available for 

16 activities authorized under section 428L of part B of title 

17 IV of the Higher Education Act of 1965, subpart 1 of 

18 part D of title VII of the Higher Education Act of 1965, 

19 part H of title VIII of the Higher Education Amendments 

20 of 1998, section 1543 of the Higher Education Amend21 ments of 1992, or section 117 of the Carl D. Perkins Ca22 reer and Technical Education Act of 2006: Provided, That 

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1 vision D of Public Law 111–117 shall not apply to funds 

2 appropriated by this Act. 

3 ‘‘SEC. 446. Notwithstanding section 101, amounts 

4 are provided for ‘Railroad Retirement Board—Dual Bene5 fits Payments Account’ at a rate for operations of 

6 $57,000,000. 

7 ‘‘SEC. 447. Of the funds appropriated for ‘Social Se8 curity Administration—Limitation on Administrative Ex9 penses’ for fiscal years 2010 and prior years (other than 

10 funds appropriated by Public Law 111–5) for investment 

11 in information technology and telecommunications hard12 ware and software infrastructure, $300,000,000 is re13 scinded (in addition to the amounts rescinded by section 

14 288). 

15 ‘‘SEC. 448. Of the funds made available for ‘Military 

16 Construction, Defense-Wide’ in title I of division E of 

17 Public Law 110–329, $23,000,000 is rescinded. 

18 ‘‘SEC. 449. Of the funds made available for ‘Military 

19 Construction, Defense-Wide’ in title I of division E of 

20 Public Law 111–117, $125,500,000 is rescinded. 

21 ‘‘SEC. 450. Of the funds made available for ‘Military 

22 Construction, Army’ in title I of division E of Public Law 

23 111–117, $160,000,000 is rescinded. 


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1 ‘‘SEC. 451. Of the funds made available for ‘Military 

2 Construction, Navy and Marine Corps’ in title I of division 

3 E of Public Law 111–117, $34,000,000 is rescinded. 

4 ‘‘SEC. 452. Of the funds made available for ‘Military 

5 Construction, Air Force’ in title I of division E of Public 

6 Law 111–117, $87,000,000 is rescinded. 

7 ‘‘SEC. 453. Of the unobligated balances available for 

8 ‘Department of Defense Base Closure Account 2005’ from 

9 prior appropriations (other than appropriations des10 ignated by law as being for contingency operations directly 

11 related to the global war on terrorism or as an emergency 

12 requirement), $200,000,000 is rescinded. 

13 ‘‘SEC. 454. Notwithstanding section 101, amounts 

14 are provided for ‘Department of Veterans Affairs—De15 partmental Administration—Information Technology Sys16 tems’ at a rate for operations of $3,146,898,000: Pro17 vided, That of the funds made available under such head18 ing in division E of Public Law 111–117, $147,000,000 

19 is rescinded. 

20 ‘‘SEC. 455. Notwithstanding section 101, amounts 

21 are provided for ‘Department of Veterans Affairs—De22 partmental Administration—Construction, Major 

23 Projects’ at a rate for operations of $1,151,036,000. 

24 ‘‘SEC. 456. Notwithstanding sections 101 and 137, 

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1 ance—Funds Appropriated to the President—Foreign 

2 Military Financing Program’ at a rate for operations of 

3 $5,385,000,000, of which not less than $3,000,000,000 

4 shall be available for grants only for Israel, 

5 $1,300,000,000 shall be available for grants only for 

6 Egypt, and not less than $300,000,000 shall be available 

7 for assistance for Jordan: Provided, That, for purposes of 

8 this Act, the dollar amount in the first paragraph of the 

9 fourth proviso under such heading in title IV of division 

10 F of Public Law 111–117 shall be deemed to be 

11 $789,000,000. 

12 ‘‘SEC. 457. Notwithstanding section 101, amounts 

13 are provided for ‘Department of State—Administration of 

14 Foreign Affairs—Civilian Stabilization Initiative’ at a rate 

15 for operations of $40,000,000. 

16 ‘‘SEC. 458. Notwithstanding section 101, amounts 

17 are provided for ‘United States Agency for International 

18 Development—Funds Appropriated to the President—Ci19 vilian Stabilization Initiative’ at a rate for operations of 

20 $10,000,000. 

21 ‘‘SEC. 459. Notwithstanding section 101, amounts 

22 are provided for ‘Department of State—Administration of 

23 Foreign Affairs—Educational and Cultural Exchange 

24 Programs’ at a rate for operations of $625,000,000. 


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1 ‘‘SEC. 460. Notwithstanding section 101, amounts 

2 are provided for the following accounts at a rate for oper3 ations of $0: ‘Department of State—Administration of 

4 Foreign Affairs—Buying Power Maintenance Account’ 

5 and ‘Multilateral Assistance—Funds Appropriated to the 

6 President—Contribution to the Asian Development Fund’. 

7 ‘‘SEC. 461. Notwithstanding section 101, amounts 

8 are provided for ‘Department of State—International Or9 ganizations—Contributions to International Organiza10 tions’ at a rate for operations of $1,545,000,000. 

11 ‘‘SEC. 462. Notwithstanding section 101, amounts 

12 are provided for ‘Department of State—International Or13 ganizations—Contributions for International Peace14 keeping Activities’ at a rate for operations of 

15 $2,095,000,000. 

16 ‘‘SEC. 463. Notwithstanding section 101, amounts 

17 are provided for ‘Related Programs—United States Insti18 tute of Peace’ at a rate for operations of $42,676,000. 

19 ‘‘SEC. 464. Notwithstanding section 101, amounts 

20 are provided for ‘Bilateral Economic Assistance—Funds 

21 Appropriated to the President—Economic Support Fund’ 

22 at a rate for operations of $6,284,000,000. 

23 ‘‘SEC. 465. Notwithstanding section 101, amounts 

24 are provided for ‘Bilateral Economic Assistance—Funds 

25 Appropriated to the President—Assistance for Europe, 


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1 Eurasia and Central Asia’ at a rate for operations of 

2 $716,354,000. 

3 ‘‘SEC. 466. Notwithstanding section 101, amounts 

4 are provided for ‘Bilateral Economic Assistance—Inde5 pendent Agencies—Millennium Challenge Corporation’ at 

6 a rate for operations of $900,000,000. 

7 ‘‘SEC. 467. Notwithstanding section 101, amounts 

8 are provided for ‘International Security Assistance—De9 partment of State—Nonproliferation, Anti-terrorism, 

10 Demining and Related Programs’ at a rate for operations 

11 of $740,000,000. 

12 ‘‘SEC. 468. Notwithstanding section 101, amounts 

13 are provided for ‘International Security Assistance—De14 partment of State—Peacekeeping Operations’ at a rate for 

15 operations of $305,000,000. 

16 ‘‘SEC. 469. Notwithstanding section 101, amounts 

17 are provided for ‘Multilateral Assistance—Funds Appro18 priated to the President—International Organizations and 

19 Programs’ at a rate for operations of $350,550,000. 

20 ‘‘SEC. 470. Notwithstanding section 101, amounts 

21 are provided for ‘Multilateral Assistance—Funds Appro22 priated to the President—International Financial Institu23 tions—Contribution to the International Development As24 sociation’ at a rate for operations of $1,235,000,000. 


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1 ‘‘SEC. 471. Notwithstanding section 101, amounts 

2 are provided for ‘Multilateral Assistance—Funds Appro3 priated to the President—International Financial Institu4 tions—Contribution to the Clean Technology Fund’ at a 

5 rate for operations of $250,000,000. 

6 ‘‘SEC. 472. Notwithstanding section 101, amounts 

7 are provided for ‘Multilateral Assistance—Funds Appro8 priated to the President—International Financial Institu9 tions—Contribution to the African Development Fund’ at 

10 a rate for operations of $125,000,000. 

11 ‘‘SEC. 473. (a) Of the unobligated balances available 

12 from funds appropriated under the heading ‘Export and 

13 Investment Assistance—Export-Import Bank of the 

14 United States—Subsidy Appropriation’ in the Department 

15 of State, Foreign Operations, and Related Programs Ap16 propriations Act, 2009 (division H of Public Law 111– 

17 8) and under such heading in prior acts making appro18 priations for the Department of State, foreign operations, 

19 and related programs, $150,000,000 is rescinded. 

20 ‘‘(b) Of the unobligated balances from funds appro21 priated or otherwise made available for the Buying Power 

22 Maintenance Account, $15,000,000 is rescinded. 

23 ‘‘(c) Of the unobligated balances available for the De24 velopment Assistance account, as identified by Treasury 


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1 Appropriation Fund Symbols 7206/111021, $1,000,000 is 

2 rescinded. 

3 ‘‘(d) Of the unobligated balances available for the As4 sistance for the Independent States of the Former Soviet 

5 Union account, as identified by Treasury Appropriation 

6 Fund Symbols 7206/111093, 7207/121093, and 

7 72X1093, $11,700,000 is rescinded. 

8 ‘‘(e) Of the unobligated balances available for the 

9 International Narcotics Control and Law Enforcement ac10 count, as identified by Treasury Appropriation Fund Sym11 bols 11X1022, 1106/121022, and 191105/111022, 

12 $7,183,000 is rescinded. 

13 ‘‘SEC. 474. Notwithstanding section 101, amounts 

14 are provided for ‘Department of Transportation—Office 

15 of the Secretary—Transportation Planning, Research, and 

16 Development’ at a rate for operations of $9,800,000. 

17 ‘‘SEC. 475. Notwithstanding section 101, amounts 

18 are provided for ‘Department of Transportation—Federal 

19 Aviation Administration—Facilities and Equipment’ at a 

20 rate for operations of $2,927,500,000. 

21 ‘‘SEC. 476. Notwithstanding section 101, amounts 

22 are provided for ‘Department of Transportation—Federal 

23 Aviation Administration—Research, Engineering, and De24 velopment’ at a rate for operations of $187,000,000. 


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1 ‘‘SEC. 477. Notwithstanding section 101, amounts 

2 are provided for ‘Department of Transportation—Federal 

3 Railroad Administration—Capital Assistance for High 

4 Speed Rail Corridors and Intercity Passenger Rail Service’ 

5 at a rate for operations of $1,000,000,000. 

6 ‘‘SEC. 478. Notwithstanding section 101, amounts 

7 are provided for ‘Department of Transportation—Federal 

8 Railroad Administration—Railroad Research and Devel9 opment’ at a rate for operations of $35,100,000. 

10 ‘‘SEC. 479. Notwithstanding section 101, amounts 

11 are provided for ‘Department of Transportation—Federal 

12 Transit Administration—Capital Investment Grants’ at a 

13 rate for operations of $1,720,000,000. 

14 ‘‘SEC. 480. Notwithstanding section 101, amounts 

15 are provided for ‘Department of Transportation—Federal 

16 Transit Administration—Research and University Re17 search Centers’ at a rate for operations of $64,200,000. 

18 ‘‘SEC. 481. Notwithstanding section 101, amounts 

19 are provided for ‘Department of Housing and Urban De20 velopment—Public and Indian Housing—Public Housing 

21 Operating Fund’ at a rate for operations of 

22 $4,626,000,000. 

23 ‘‘SEC. 482. Notwithstanding sections 101 and 226, 

24 amounts are provided for ‘Department of Housing and 

25 Urban Development—Community Planning and DevelopVerDate Mar 15 2010 23:44 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.PCS H1363

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1 ment—Community Development Fund’ at a rate for oper2 ations of $4,230,068,480, of which $0 shall be for grants 

3 for the Economic Development Initiative (EDI), $0 shall 

4 be for neighborhood initiatives, and $0 shall be for grants 

5 specified in the last proviso of the last paragraph under 

6 such heading in title II of division A of Public Law 111– 

7 117: Provided, That the second and third paragraphs 

8 under such heading in title II of division A of Public Law 

9 111–117 shall not apply to funds appropriated by this 

10 Act.’’. 

11 This division may be cited as the ‘‘Further Additional 

12 Continuing Appropriations Amendments, 2011’’. 

13 This Act may be cited as the ‘‘Department of Defense 

14 and Further Additional Continuing Appropriations Act, 

15 2011’’. 

Passed the House of Representatives April 7, 2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 28 

112TH CONGRESS 

1ST SESSION H. R. 1363 

AN ACT 

Making appropriations for the Department of De2011, and for other purposes. fense for the fiscal year ending September 30, 

APRIL 7 (legislative day, APRIL 5), 2011 

Received; read twice and ordered to be placed on the 

calendar 


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