I 

112TH CONGRESS 

1ST SESSION H. R. 1363 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2011, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2011 

Mr. ROGERS of Kentucky introduced the following bill; which was referred to 

the Committee on Appropriations, and in addition to the Committee on 

the Budget, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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, 


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1 SECTION 1. TABLE OF CONTENTS. 

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

Division A—Department of Defense Appropriations, 2011 

Division B—Further Continuing Appropriations, 2011 

3 DIVISION A—DEPARTMENT OF DEFENSE 

4 APPROPRIATIONS, 2011 

5 The following sums are appropriated, out of any 

6 money in the Treasury not otherwise appropriated, for the 

7 fiscal year ending September 30, 2011, for military func8 tions administered by the Department of Defense and for 

9 other purposes, namely: 

10 TITLE I 

11 MILITARY PERSONNEL 

12 MILITARY PERSONNEL, ARMY

13 For pay, allowances, individual clothing, subsistence, 

14 interest on deposits, gratuities, permanent change of sta15 tion travel (including all expenses thereof for organiza16 tional movements), and expenses of temporary duty travel 

17 between permanent duty stations, for members of the 

18 Army on active duty, (except members of reserve compo19 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

22 377, as amended (42 U.S.C. 402 note), and to the Depart23 ment of Defense Military Retirement Fund, 

24 $41,042,653,000. 


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1 MILITARY PERSONNEL, NAVY

2 For pay, allowances, individual clothing, subsistence, 

3 interest on deposits, gratuities, permanent change of sta4 tion travel (including all expenses thereof for organiza5 tional movements), and expenses of temporary duty travel 

6 between permanent duty stations, for members of the 

7 Navy on active duty (except members of the Reserve pro8 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

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

13 MILITARY PERSONNEL, MARINE CORPS

14 For pay, allowances, individual clothing, subsistence, 

15 interest on deposits, gratuities, permanent change of sta16 tion travel (including all expenses thereof for organiza17 tional movements), and expenses of temporary duty travel 

18 between permanent duty stations, for members of the Ma19 rine Corps on active duty (except members of the Reserve 

20 provided for elsewhere); and for payments pursuant to sec21 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

22 402 note), and to the Department of Defense Military Re23 tirement Fund, $13,210,161,000. 


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1 MILITARY PERSONNEL, AIR FORCE

2 For pay, allowances, individual clothing, subsistence, 

3 interest on deposits, gratuities, permanent change of sta4 tion travel (including all expenses thereof for organiza5 tional movements), and expenses of temporary duty travel 

6 between permanent duty stations, for members of the Air 

7 Force on active duty (except members of reserve compo8 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

11 377, as amended (42 U.S.C. 402 note), and to the Depart12 ment of Defense Military Retirement Fund, 

13 $27,105,755,000. 

14 RESERVE PERSONNEL, ARMY

15 For pay, allowances, clothing, subsistence, gratuities, 

16 travel, and related expenses for personnel of the Army Re17 serve on active duty under sections 10211, 10302, and 

18 3038 of title 10, United States Code, or while serving on 

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

20 States Code, in connection with performing duty specified 

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

22 while undergoing reserve training, or while performing 

23 drills or equivalent duty or other duty, and expenses au24 thorized by section 16131 of title 10, United States Code; 


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1 and for payments to the Department of Defense Military 

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

3 RESERVE PERSONNEL, NAVY

4 For pay, allowances, clothing, subsistence, gratuities, 

5 travel, and related expenses for personnel of the Navy Re6 serve on active duty under section 10211 of title 10, 

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

8 section 12301(d) of title 10, United States Code, in con9 nection with performing duty specified in section 12310(a) 

10 of title 10, United States Code, or while undergoing re11 serve training, or while performing drills or equivalent 

12 duty, and expenses authorized by section 16131 of title 

13 10, United States Code; and for payments to the Depart14 ment of Defense Military Retirement Fund, 

15 $1,940,191,000. 

16 RESERVE PERSONNEL, MARINE CORPS

17 For pay, allowances, clothing, subsistence, gratuities, 

18 travel, and related expenses for personnel of the Marine 

19 Corps Reserve on active duty under section 10211 of title 

20 10, United States Code, or while serving on active duty 

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

22 in connection with performing duty specified in section 

23 12310(a) of title 10, United States Code, or while under24 going reserve training, or while performing drills or equiv25 alent duty, and for members of the Marine Corps platoon 


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1 leaders class, and expenses authorized by section 16131 

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

3 Department of Defense Military Retirement Fund, 

4 $612,191,000. 

5 RESERVE PERSONNEL, AIR FORCE

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

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

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

9 8038 of title 10, United States Code, or while serving on 

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

11 States Code, in connection with performing duty specified 

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

13 while undergoing reserve training, or while performing 

14 drills or equivalent duty or other duty, and expenses au15 thorized by section 16131 of title 10, United States Code; 

16 and for payments to the Department of Defense Military 

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

18 NATIONAL GUARD PERSONNEL, ARMY

19 For pay, allowances, clothing, subsistence, gratuities, 

20 travel, and related expenses for personnel of the Army Na21 tional Guard while on duty under section 10211, 10302, 

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

23 States Code, or while serving on duty under section 

24 12301(d) of title 10 or section 502(f) of title 32, 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 training, or while performing drills or 

3 equivalent duty or other duty, and expenses authorized by 

4 section 16131 of title 10, United States Code; and for pay5 ments to the Department of Defense Military Retirement 

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

7 NATIONAL GUARD PERSONNEL, AIR FORCE

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

9 travel, and related expenses for personnel of the Air Na10 tional Guard on duty under section 10211, 10305, or 

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

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

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

14 in connection with performing duty specified in section 

15 12310(a) of title 10, United States Code, or while under16 going training, or while performing drills or equivalent 

17 duty or other duty, and expenses authorized by section 

18 16131 of title 10, United States Code; and for payments 

19 to the Department of Defense Military Retirement Fund, 

20 $3,060,098,000. 

21 TITLE II 

22 OPERATION AND MAINTENANCE 

23 OPERATION AND MAINTENANCE, ARMY

24 For expenses, not otherwise provided for, necessary 

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1 ized by law; and not to exceed $12,478,000 can be used 

2 for emergencies and extraordinary expenses, to be ex3 pended on the approval or authority of the Secretary of 

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

5 of necessity for confidential military purposes, 

6 $33,306,117,000. 

7 OPERATION AND MAINTENANCE, NAVY

8 For expenses, not otherwise provided for, necessary 

9 for the operation and maintenance of the Navy and the 

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

11 $14,804,000 can be used for emergencies and extraor12 dinary expenses, to be expended on the approval or author13 ity of the Secretary of the Navy, and payments may be 

14 made on his certificate of necessity for confidential mili15 tary purposes, $37,809,239,000. 

16 OPERATION AND MAINTENANCE, MARINE CORPS

17 For expenses, not otherwise provided for, necessary 

18 for the operation and maintenance of the Marine Corps, 

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

20 OPERATION AND MAINTENANCE, AIR FORCE

21 For expenses, not otherwise provided for, necessary 

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

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

24 used for emergencies and extraordinary expenses, to be ex25 pended on the approval or authority of the Secretary of 


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1 the Air Force, and payments may be made on his certifi2 cate of necessity for confidential military purposes, 

3 $36,062,989,000. 

4 OPERATION AND MAINTENANCE, DEFENSE-WIDE

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses, not otherwise provided for, necessary 

7 for the operation and maintenance of activities and agen8 cies of the Department of Defense (other than the military 

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

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

11 for the Combatant Commander Initiative Fund authorized 

12 under section 166a of title 10, United States Code: Pro13 vided further, That not to exceed $36,000,000 can be used 

14 for emergencies and extraordinary expenses, to be ex15 pended on the approval or authority of the Secretary of 

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

17 necessity for confidential military purposes: Provided fur18 ther, That of the funds provided under this heading, not 

19 less than $31,659,000 shall be made available for the Pro20 curement Technical Assistance Cooperative Agreement 

21 Program, of which not less than $3,600,000 shall be avail22 able for centers defined in 10 U.S.C. 2411(1)(D): Pro23 vided further, That none of the funds appropriated or oth24 erwise made available by this Act may be used to plan 

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1 tions liaison office of the Office of the Secretary of De2 fense, the office of the Secretary of a military department, 

3 or the service headquarters of one of the Armed Forces 

4 into a legislative affairs or legislative liaison office: Pro5 vided further, That $8,251,000, to remain available until 

6 expended, is available only for expenses relating to certain 

7 classified activities, and may be transferred as necessary 

8 by the Secretary of Defense to operation and maintenance 

9 appropriations or research, development, test and evalua10 tion appropriations, to be merged with and to be available 

11 for the same time period as the appropriations to which 

12 transferred: Provided further, That any ceiling on the in13 vestment item unit cost of items that may be purchased 

14 with operation and maintenance funds shall not apply to 

15 the funds described in the preceding proviso: Provided fur16 ther, That the transfer authority provided under this head17 ing is in addition to any other transfer authority provided 

18 elsewhere in this Act. 

19 OPERATION AND MAINTENANCE, ARMY RESERVE

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance, including training, or22 ganization, and administration, of the Army Reserve; re23 pair of facilities and equipment; hire of passenger motor 

24 vehicles; travel and transportation; care of the dead; reVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 cruiting; procurement of services, supplies, and equip2 ment; and communications, $2,840,427,000. 

3 OPERATION AND MAINTENANCE, NAVY RESERVE

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance, including training, or6 ganization, and administration, of the Navy Reserve; re7 pair of facilities and equipment; hire of passenger motor 

8 vehicles; travel and transportation; care of the dead; re9 cruiting; procurement of services, supplies, and equip10 ment; and communications, $1,344,264,000. 

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 RESERVE

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance, including training, or15 ganization, and administration, of the Marine Corps Re16 serve; repair of facilities and equipment; hire of passenger 

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

18 recruiting; procurement of services, supplies, and equip19 ment; and communications, $275,484,000. 

20 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance, including training, or23 ganization, and administration, of the Air Force Reserve; 

24 repair of facilities and equipment; hire of passenger motor 

25 vehicles; travel and transportation; care of the dead; reVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 cruiting; procurement of services, supplies, and equip2 ment; and communications, $3,291,027,000. 

3 OPERATION AND MAINTENANCE, ARMY NATIONAL

4 GUARD

5 For expenses of training, organizing, and admin6 istering the Army National Guard, including medical and 

7 hospital treatment and related expenses in non-Federal 

8 hospitals; maintenance, operation, and repairs to struc9 tures and facilities; hire of passenger motor vehicles; per10 sonnel services in the National Guard Bureau; travel ex11 penses (other than mileage), as authorized by law for 

12 Army personnel on active duty, for Army National Guard 

13 division, regimental, and battalion commanders while in14 specting units in compliance with National Guard Bureau 

15 regulations when specifically authorized by the Chief, Na16 tional Guard Bureau; supplying and equipping the Army 

17 National Guard as authorized by law; and expenses of re18 pair, modification, maintenance, and issue of supplies and 

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

20 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

21 For expenses of training, organizing, and admin22 istering the Air National Guard, including medical and 

23 hospital treatment and related expenses in non-Federal 

24 hospitals; maintenance, operation, and repairs to struc25 tures and facilities; transportation of things, hire of pasVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 senger motor vehicles; supplying and equipping the Air 

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

3 modification, maintenance, and issue of supplies and 

4 equipment, including those furnished from stocks under 

5 the control of agencies of the Department of Defense; 

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

7 authorized by law for Air National Guard personnel on 

8 active Federal duty, for Air National Guard commanders 

9 while inspecting units in compliance with National Guard 

10 Bureau regulations when specifically authorized by the 

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

12 UNITED STATES COURT OF APPEALS FOR THE ARMED

13 FORCES

14 For salaries and expenses necessary for the United 

15 States Court of Appeals for the Armed Forces, 

16 $14,068,000, of which not to exceed $5,000 may be used 

17 for official representation purposes. 

18 ENVIRONMENTAL RESTORATION, ARMY

19 (INCLUDING TRANSFER OF FUNDS)

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

21 remain available until transferred: Provided, That the Sec22 retary of the Army shall, upon determining that such 

23 funds are required for environmental restoration, reduc24 tion and recycling of hazardous waste, removal of unsafe 

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


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1 for similar purposes, transfer the funds made available by 

2 this appropriation to other appropriations made available 

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

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

5 time period as the appropriations to which transferred: 

6 Provided further, That upon a determination that all or 

7 part of the funds transferred from this appropriation are 

8 not necessary for the purposes provided herein, such 

9 amounts may be transferred back to this appropriation: 

10 Provided further, That the transfer authority provided 

11 under this heading is in addition to any other transfer au12 thority provided elsewhere in this Act. 

13 ENVIRONMENTAL RESTORATION, NAVY

14 (INCLUDING TRANSFER OF FUNDS)

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

16 remain available until transferred: Provided, That the Sec17 retary of the Navy shall, upon determining that such 

18 funds are required for environmental restoration, reduc19 tion and recycling of hazardous waste, removal of unsafe 

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

21 for similar purposes, transfer the funds made available by 

22 this appropriation to other appropriations made available 

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

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

25 time period as the appropriations to which transferred: 


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1 Provided further, That upon a determination that all or 

2 part of the funds transferred from this appropriation are 

3 not necessary for the purposes provided herein, such 

4 amounts may be transferred back to this appropriation: 

5 Provided further, That the transfer authority provided 

6 under this heading is in addition to any other transfer au7 thority provided elsewhere in this Act. 

8 ENVIRONMENTAL RESTORATION, AIR FORCE

9 (INCLUDING TRANSFER OF FUNDS)

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

11 to remain available until transferred: Provided, That the 

12 Secretary of the Air Force shall, upon determining that 

13 such funds are required for environmental restoration, re14 duction and recycling of hazardous waste, removal of un15 safe buildings and debris of the Department of the Air 

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

17 available by this appropriation to other appropriations 

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

19 merged with and to be available for the same purposes 

20 and for the same time period as the appropriations to 

21 which transferred: Provided further, That upon a deter22 mination that all or part of the funds transferred from 

23 this appropriation are not necessary for the purposes pro24 vided herein, such amounts may be transferred back to 

25 this appropriation: Provided further, That the transfer auVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 thority provided under this heading is in addition to any 

2 other transfer authority provided elsewhere in this Act. 

3 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

5 For the Department of Defense, $10,744,000, to re6 main available until transferred: Provided, That the Sec7 retary of Defense shall, upon determining that such funds 

8 are required for environmental restoration, reduction and 

9 recycling of hazardous waste, removal of unsafe buildings 

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

11 purposes, transfer the funds made available by this appro12 priation to other appropriations made available to the De13 partment of Defense, to be merged with and to be avail14 able for the same purposes and for the same time period 

15 as the appropriations to which transferred: Provided fur16 ther, That upon a determination that all or part of the 

17 funds transferred from this appropriation are not nec18 essary for the purposes provided herein, such amounts 

19 may be transferred back to this appropriation: Provided 

20 further, That the transfer authority provided under this 

21 heading is in addition to any other transfer authority pro22 vided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, FORMERLY USED

2 DEFENSE SITES

3 (INCLUDING TRANSFER OF FUNDS)

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

5 remain available until transferred: Provided, That the Sec6 retary of the Army shall, upon determining that such 

7 funds are required for environmental restoration, reduc8 tion and recycling of hazardous waste, removal of unsafe 

9 buildings and debris at sites formerly used by the Depart10 ment of Defense, transfer the funds made available by this 

11 appropriation to other appropriations made available to 

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

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

14 period as the appropriations to which transferred: Pro15 vided further, That upon a determination that all or part 

16 of the funds transferred from this appropriation are not 

17 necessary for the purposes provided herein, such amounts 

18 may be transferred back to this appropriation: Provided 

19 further, That the transfer authority provided under this 

20 heading is in addition to any other transfer authority pro21 vided elsewhere in this Act. 

22 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

23 For expenses relating to the Overseas Humanitarian, 

24 Disaster, and Civic Aid programs of the Department of 

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1 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

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

3 until September 30, 2012. 

4 COOPERATIVE THREAT REDUCTION ACCOUNT

5 For assistance to the republics of the former Soviet 

6 Union and, with appropriate authorization by the Depart7 ment of Defense and Department of State, to countries 

8 outside of the former Soviet Union, including assistance 

9 provided by contract or by grants, for facilitating the 

10 elimination and the safe and secure transportation and 

11 storage of nuclear, chemical and other weapons; for estab12 lishing programs to prevent the proliferation of weapons, 

13 weapons components, and weapon-related technology and 

14 expertise; for programs relating to the training and sup15 port of defense and military personnel for demilitarization 

16 and protection of weapons, weapons components and 

17 weapons technology and expertise, and for defense and 

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

19 September 30, 2013: Provided, That of the amounts pro20 vided under this heading, not less than $13,500,000 shall 

21 be available only to support the dismantling and disposal 

22 of nuclear submarines, submarine reactor components, 

23 and security enhancements for transport and storage of 

24 nuclear warheads in the Russian Far East and North. 


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1 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

2 DEVELOPMENT FUND

3 For the Department of Defense Acquisition Work4 force Development Fund, $217,561,000. 

5 TITLE III 

6 PROCUREMENT 

7 AIRCRAFT PROCUREMENT, ARMY

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

10 ordnance, ground handling equipment, spare parts, and 

11 accessories therefor; specialized equipment and training 

12 devices; expansion of public and private plants, including 

13 the land necessary therefor, for the foregoing purposes, 

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

15 and construction prosecuted thereon prior to approval of 

16 title; and procurement and installation of equipment, ap17 pliances, and machine tools in public and private plants; 

18 reserve plant and Government and contractor-owned 

19 equipment layaway; and other expenses necessary for the 

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

21 for obligation until September 30, 2013. 

22 MISSILE PROCUREMENT, ARMY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, equipment, including 

25 ordnance, ground handling equipment, spare parts, and 


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1 accessories therefor; specialized equipment and training 

2 devices; expansion of public and private plants, including 

3 the land necessary therefor, for the foregoing purposes, 

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

5 and construction prosecuted thereon prior to approval of 

6 title; and procurement and installation of equipment, ap7 pliances, and machine tools in public and private plants; 

8 reserve plant and Government and contractor-owned 

9 equipment layaway; and other expenses necessary for the 

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

11 for obligation until September 30, 2013. 

12 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

13 VEHICLES, ARMY

14 For construction, procurement, production, and 

15 modification of weapons and tracked combat vehicles, 

16 equipment, including ordnance, spare parts, and acces17 sories therefor; specialized equipment and training devices; 

18 expansion of public and private plants, including the land 

19 necessary therefor, for the foregoing purposes, and such 

20 lands and interests therein, may be acquired, and con21 struction prosecuted thereon prior to approval of title; and 

22 procurement and installation of equipment, appliances, 

23 and machine tools in public and private plants; reserve 

24 plant and Government and contractor-owned equipment 

25 layaway; and other expenses necessary for the foregoing 


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1 purposes, $1,461,086,000, to remain available for obliga2 tion until September 30, 2013. 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For construction, procurement, production, and 

5 modification of ammunition, and accessories therefor; spe6 cialized equipment and training devices; expansion of pub7 lic and private plants, including ammunition facilities, au8 thorized by section 2854 of title 10, United States Code, 

9 and the land necessary therefor, for the foregoing pur10 poses, and such lands and interests therein, may be ac11 quired, and construction prosecuted thereon prior to ap12 proval of title; and procurement and installation of equip13 ment, appliances, and machine tools in public and private 

14 plants; reserve plant and Government and contractor15 owned equipment layaway; and other expenses necessary 

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

17 available for obligation until September 30, 2013. 

18 OTHER PROCUREMENT, ARMY

19 (INCLUDING TRANSFER OF FUNDS)

20 For construction, procurement, production, and 

21 modification of vehicles, including tactical, support, and 

22 non-tracked combat vehicles; the purchase of passenger 

23 motor vehicles for replacement only; communications and 

24 electronic equipment; other support equipment; spare 

25 parts, ordnance, and accessories therefor; specialized 


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1 equipment and training devices; expansion of public and 

2 private plants, including the land necessary therefor, for 

3 the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

5 thereon prior to approval of title; and procurement and 

6 installation of equipment, appliances, and machine tools 

7 in public and private plants; reserve plant and Govern8 ment and contractor-owned equipment layaway; and other 

9 expenses necessary for the foregoing purposes, 

10 $8,145,665,000, to remain available for obligation until 

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

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

13 available to procure equipment, not otherwise provided for, 

14 and may be transferred to other procurement accounts 

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

16 so transferred shall be available for the same purposes and 

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

18 AIRCRAFT PROCUREMENT, NAVY

19 For construction, procurement, production, modifica20 tion, and modernization of aircraft, equipment, including 

21 ordnance, spare parts, and accessories therefor; specialized 

22 equipment; expansion of public and private plants, includ23 ing the land necessary therefor, and such lands and inter24 ests therein, may be acquired, and construction prosecuted 

25 thereon prior to approval of title; and procurement and 


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1 installation of equipment, appliances, and machine tools 

2 in public and private plants; reserve plant and Govern3 ment and contractor-owned equipment layaway, 

4 $16,170,868,000, to remain available for obligation until 

5 September 30, 2013. 

6 WEAPONS PROCUREMENT, NAVY

7 For construction, procurement, production, modifica8 tion, and modernization of missiles, torpedoes, other weap9 ons, and related support equipment including spare parts, 

10 and accessories therefor; expansion of public and private 

11 plants, including the land necessary therefor, and such 

12 lands and interests therein, may be acquired, and con13 struction prosecuted thereon prior to approval of title; and 

14 procurement and installation of equipment, appliances, 

15 and machine tools in public and private plants; reserve 

16 plant and Government and contractor-owned equipment 

17 layaway, $3,221,957,000, to remain available for obliga18 tion until September 30, 2013. 

19 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

20 CORPS

21 For construction, procurement, production, and 

22 modification of ammunition, and accessories therefor; spe23 cialized equipment and training devices; expansion of pub24 lic and private plants, including ammunition facilities, au25 thorized by section 2854 of title 10, United States Code, 


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1 and the land necessary therefor, for the foregoing pur2 poses, and such lands and interests therein, may be ac3 quired, and construction prosecuted thereon prior to ap4 proval of title; and procurement and installation of equip5 ment, appliances, and machine tools in public and private 

6 plants; reserve plant and Government and contractor7 owned equipment layaway; and other expenses necessary 

8 for the foregoing purposes, $790,527,000, to remain avail9 able for obligation until September 30, 2013. 

10 SHIPBUILDING AND CONVERSION, NAVY

11 For expenses necessary for the construction, acquisi12 tion, or conversion of vessels as authorized by law, includ13 ing armor and armament thereof, plant equipment, appli14 ances, and machine tools and installation thereof in public 

15 and private plants; reserve plant and Government and con16 tractor-owned equipment layaway; procurement of critical, 

17 long lead time components and designs for vessels to be 

18 constructed or converted in the future; and expansion of 

19 public and private plants, including land necessary there20 for, and such lands and interests therein, may be acquired, 

21 and construction prosecuted thereon prior to approval of 

22 title, as follows: 

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

24 Carrier Replacement Program (AP), 

25 $908,313,000. 


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

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

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

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

5 DDG–1000 Program, $77,512,000. 

6 DDG–51 Destroyer, $2,868,454,000. 

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

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

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

10 LHA–R, $942,837,000. 

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

12 Oceanographic Ships, $88,561,000. 

13 LCAC Service Life Extension Program, 

14 $83,035,000. 

15 Service Craft, $13,770,000. 

16 For outfitting, post delivery, conversions, and 

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

18 In all: $15,366,658,000, to remain available for obli19 gation until September 30, 2015: Provided, That addi20 tional obligations may be incurred after September 30, 

21 2015, for engineering services, tests, evaluations, and 

22 other such budgeted work that must be performed in the 

23 final stage of ship construction: Provided further, That 

24 none of the funds provided under this heading for the con25 struction or conversion of any naval vessel to be conVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 structed in shipyards in the United States shall be ex2 pended in foreign facilities for the construction of major 

3 components of such vessel: Provided further, That none 

4 of the funds provided under this heading shall be used 

5 for the construction of any naval vessel in foreign ship6 yards. 

7 OTHER PROCUREMENT, NAVY

8 (INCLUDING TRANSFER OF FUNDS)

9 For procurement, production, and modernization of 

10 support equipment and materials not otherwise provided 

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

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

13 of passenger motor vehicles for replacement only, and the 

14 purchase of seven vehicles required for physical security 

15 of personnel, notwithstanding price limitations applicable 

16 to passenger vehicles but not to exceed $250,000 per vehi17 cle; expansion of public and private plants, including the 

18 land necessary therefor, and such lands and interests 

19 therein, may be acquired, and construction prosecuted 

20 thereon prior to approval of title; and procurement and 

21 installation of equipment, appliances, and machine tools 

22 in public and private plants; reserve plant and Govern23 ment and contractor-owned equipment layaway, 

24 $5,804,963,000, 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 Navy, 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 PROCUREMENT, MARINE CORPS

8 For expenses necessary for the procurement, manu9 facture, and modification of missiles, armament, military 

10 equipment, spare parts, and accessories therefor; plant 

11 equipment, appliances, and machine tools, and installation 

12 thereof in public and private plants; reserve plant and 

13 Government and contractor-owned equipment layaway; ve14 hicles for the Marine Corps, including the purchase of pas15 senger motor vehicles for replacement only; and expansion 

16 of public and private plants, including land necessary 

17 therefor, and such lands and interests therein, may be ac18 quired, and construction prosecuted thereon prior to ap19 proval of title, $1,236,436,000, to remain available for ob20 ligation until September 30, 2013. 

21 AIRCRAFT PROCUREMENT, AIR FORCE

22 For construction, procurement, and modification of 

23 aircraft and equipment, including armor and armament, 

24 specialized ground handling equipment, and training de25 vices, spare parts, and accessories therefor; specialized 


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1 equipment; expansion of public and private plants, Gov2 ernment-owned equipment and installation thereof in such 

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

4 the foregoing purposes, and such lands and interests 

5 therein, may be acquired, and construction prosecuted 

6 thereon prior to approval of title; reserve plant and Gov7 ernment and contractor-owned equipment layaway; and 

8 other expenses necessary for the foregoing purposes in9 cluding rents and transportation of things, 

10 $13,483,739,000, to remain available for obligation until 

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

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

13 Global Hawk Unmanned Aerial Vehicle and F–22 aircraft 

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

15 contracts funded with prior year ‘‘Aircraft Procurement, 

16 Air Force’’ appropriated funds are definitized unless the 

17 Secretary of the Air Force certifies in writing to the con18 gressional defense committees that each such obligation 

19 is necessary to meet the needs of a warfighting require20 ment or prevents increased costs to the taxpayer, and pro21 vides the reasons for failing to definitize the prior year 

22 contracts along with the prospective contract definitization 

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

24 Force shall expand the current HH–60 Operational Loss 


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1 Replacement program to meet the approved HH–60 Re2 capitalization program requirements. 

3 MISSILE PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of 

5 missiles, spacecraft, rockets, and related equipment, in6 cluding spare parts and accessories therefor, ground han7 dling equipment, and training devices; expansion of public 

8 and private plants, Government-owned equipment and in9 stallation thereof in such plants, erection of structures, 

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

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

12 construction prosecuted thereon prior to approval of title; 

13 reserve plant and Government and contractor-owned 

14 equipment layaway; and other expenses necessary for the 

15 foregoing purposes including rents and transportation of 

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

17 until September 30, 2013. 

18 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For construction, procurement, production, and 

20 modification of ammunition, and accessories therefor; spe21 cialized equipment and training devices; expansion of pub22 lic and private plants, including ammunition facilities, au23 thorized by section 2854 of title 10, United States Code, 

24 and the land necessary therefor, for the foregoing pur25 poses, and such lands and interests therein, may be acVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 quired, and construction prosecuted thereon prior to ap2 proval of title; and procurement and installation of equip3 ment, appliances, and machine tools in public and private 

4 plants; reserve plant and Government and contractor5 owned equipment layaway; and other expenses necessary 

6 for the foregoing purposes, $731,487,000, to remain avail7 able for obligation until September 30, 2013. 

8 OTHER PROCUREMENT, AIR FORCE

9 (INCLUDING TRANSFER OF FUNDS)

10 For procurement and modification of equipment (in11 cluding ground guidance and electronic control equipment, 

12 and ground electronic and communication equipment), 

13 and supplies, materials, and spare parts therefor, not oth14 erwise provided for; the purchase of passenger motor vehi15 cles for replacement only, and the purchase of two vehicles 

16 required for physical security of personnel, notwith17 standing price limitations applicable to passenger vehicles 

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

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

20 Government-owned equipment and installation thereof in 

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

22 for the foregoing purposes, and such lands and interests 

23 therein, may be acquired, and construction prosecuted 

24 thereon, prior to approval of title; reserve plant and Gov25 ernment and contractor-owned equipment layaway, 


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1 $17,568,091,000, to remain available for obligation until 

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

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

4 available to procure equipment, not otherwise provided for, 

5 and may be transferred to other procurement accounts 

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

7 funds so transferred shall be available for the same pur8 poses and the same time period as the account to which 

9 transferred. 

10 PROCUREMENT, DEFENSE-WIDE

11 (INCLUDING TRANSFER OF FUNDS)

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

14 necessary for procurement, production, and modification 

15 of equipment, supplies, materials, and spare parts there16 for, not otherwise provided for; the purchase of passenger 

17 motor vehicles for replacement only; expansion of public 

18 and private plants, equipment, and installation thereof in 

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

20 for the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

22 thereon prior to approval of title; reserve plant and Gov23 ernment and contractor-owned equipment layaway, 

24 $4,009,321,000, 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 Defense, 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 DEFENSE PRODUCTION ACT PURCHASES

8 For activities by the Department of Defense pursuant 

9 to sections 108, 301, 302, and 303 of the Defense Produc10 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

11 2093), $34,346,000, to remain available until expended. 

12 TITLE IV 

13 RESEARCH, DEVELOPMENT, TEST AND 

14 EVALUATION 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 ARMY

17 For expenses necessary for basic and applied sci18 entific research, development, test and evaluation, includ19 ing maintenance, rehabilitation, lease, and operation of fa20 cilities and equipment, $9,710,998,000, to remain avail21 able for obligation until September 30, 2012. 

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

23 NAVY

24 For expenses necessary for basic and applied sci25 entific research, development, test and evaluation, includVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 ing maintenance, rehabilitation, lease, and operation of fa2 cilities and equipment, $17,736,303,000, to remain avail3 able for obligation until September 30, 2012: Provided, 

4 That funds appropriated in this paragraph which are 

5 available for the V–22 may be used to meet unique oper6 ational requirements of the Special Operations Forces: 

7 Provided further, That funds appropriated in this para8 graph shall be available for the Cobra Judy program. 

9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

10 AIR FORCE

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, $26,517,405,000, to remain avail15 able for obligation until September 30, 2012. 

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

17 DEFENSE-WIDE

18 For expenses of activities and agencies of the Depart19 ment of Defense (other than the military departments), 

20 necessary for basic and applied scientific research, devel21 opment, test and evaluation; advanced research projects 

22 as may be designated and determined by the Secretary 

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

24 lease, and operation of facilities and equipment, 

25 $20,797,412,000, to remain available for obligation until 


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

2 available in this paragraph, $3,200,000 shall only be avail3 able for program management and oversight of innovative 

4 research and development. 

5 OPERATIONAL TEST AND EVALUATION, DEFENSE

6 For expenses, not otherwise provided for, necessary 

7 for the independent activities of the Director, Operational 

8 Test and Evaluation, in the direction and supervision of 

9 operational test and evaluation, including initial oper10 ational test and evaluation which is conducted prior to, 

11 and in support of, production decisions; joint operational 

12 testing and evaluation; and administrative expenses in 

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

14 for obligation until September 30, 2012. 

15 TITLE V 

16 REVOLVING AND MANAGEMENT FUNDS 

17 DEFENSE WORKING CAPITAL FUNDS

18 For the Defense Working Capital Funds, 

19 $1,434,536,000. 

20 NATIONAL DEFENSE SEALIFT FUND

21 For National Defense Sealift Fund programs, 

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

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

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

25 and for the necessary expenses to maintain and preserve 


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

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

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

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

5 contract that provides for the acquisition of any of the 

6 following major components unless such components are 

7 manufactured in the United States: auxiliary equipment, 

8 including pumps, for all shipboard services; propulsion 

9 system components (engines, reduction gears, and propel10 lers); shipboard cranes; and spreaders for shipboard 

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

12 in a contract awarded through the obligation of previously 

13 appropriated funds shall not be considered to be the award 

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

15 of the military department responsible for such procure16 ment may waive the restrictions in the first proviso on 

17 a case-by-case basis by certifying in writing to the Com18 mittees on Appropriations of the House of Representatives 

19 and the Senate that adequate domestic supplies are not 

20 available to meet Department of Defense requirements on 

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

22 in order to acquire capability for national security pur23 poses. 


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1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical 

5 and health care programs of the Department of Defense 

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

7 $29,671,764,000 shall be for operation and maintenance, 

8 of which not to exceed 1 percent shall remain available 

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

10 $16,212,121,000 may be available for contracts entered 

11 into under the TRICARE program; of which 

12 $534,921,000, to remain available for obligation until Sep13 tember 30, 2013, shall be for procurement; and of which 

14 $1,175,513,000, to remain available for obligation until 

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

16 test and evaluation: Provided, That, notwithstanding any 

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

18 this heading for research, development, test and evalua19 tion, not less than $10,000,000 shall be available for HIV 

20 prevention educational activities undertaken in connection 

21 with United States military training, exercises, and hu22 manitarian assistance activities conducted primarily in Af23 rican nations. 


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1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

2 DEFENSE

3 For expenses, not otherwise provided for, necessary 

4 for the destruction of the United States stockpile of lethal 

5 chemical agents and munitions, to include construction of 

6 facilities, in accordance with the provisions of section 1412 

7 of the Department of Defense Authorization Act, 1986 

8 (50 U.S.C. 1521), and for the destruction of other chem9 ical warfare materials that are not in the chemical weapon 

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

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

12 $111,178,000, shall be for the Chemical Stockpile Emer13 gency Preparedness Program, consisting of $35,130,000 

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

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

16 and local governments; $7,132,000 shall be for procure17 ment, to remain available until September 30, 2013; and 

18 $392,811,000, to remain available until September 30, 

19 2012, shall be for research, development, test and evalua20 tion, of which $385,868,000 shall only be for the Assem21 bled Chemical Weapons Alternatives (ACWA) program. 


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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of 

5 the Department of Defense, for transfer to appropriations 

6 available to the Department of Defense for military per7 sonnel of the reserve components serving under the provi8 sions of title 10 and title 32, United States Code; for oper9 ation and maintenance; for procurement; and for research, 

10 development, test and evaluation, $1,156,957,000: Pro11 vided, That the funds appropriated under this heading 

12 shall be available for obligation for the same time period 

13 and for the same purpose as the appropriation to which 

14 transferred: Provided further, That upon a determination 

15 that all or part of the funds transferred from this appro16 priation are not necessary for the purposes provided here17 in, such amounts may be transferred back to this appro18 priation: Provided further, That the transfer authority pro19 vided under this heading is in addition to any other trans20 fer authority contained elsewhere in this Act. 

21 OFFICE OF THE INSPECTOR GENERAL

22 For expenses and activities of the Office of the In23 spector General in carrying out the provisions of the In24 spector General Act of 1978, as amended, $306,794,000, 

25 of which $305,794,000 shall be for operation and mainteVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 nance, of which not to exceed $700,000 is available for 

2 emergencies and extraordinary expenses to be expended on 

3 the approval or authority of the Inspector General, and 

4 payments may be made on the Inspector General’s certifi5 cate of necessity for confidential military purposes; and 

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

7 30, 2013, shall be for procurement. 

8 TITLE VII 

9 RELATED AGENCIES 

10 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

11 DISABILITY SYSTEM FUND

12 For payment to the Central Intelligence Agency Re13 tirement and Disability System Fund, to maintain the 

14 proper funding level for continuing the operation of the 

15 Central Intelligence Agency Retirement and Disability 

16 System, $292,000,000. 

17 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

18 For necessary expenses of the Intelligence Commu19 nity Management Account, $649,732,000. 

20 TITLE VIII 

21 GENERAL PROVISIONS 

22 SEC. 8001. No part of any appropriation contained 

23 in this Act shall be used for publicity or propaganda pur24 poses not authorized by the Congress. 


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

2 of law prohibiting the payment of compensation to, or em3 ployment of, any person not a citizen of the United States 

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

5 Provided, That salary increases granted to direct and indi6 rect hire foreign national employees of the Department of 

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

8 of the percentage increase authorized by law for civilian 

9 employees of the Department of Defense whose pay is 

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

11 United States Code, or at a rate in excess of the percent12 age increase provided by the appropriate host nation to 

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

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

15 salary increases on an annual basis, any increase granted 

16 by that nation shall be annualized for the purpose of ap17 plying the preceding proviso: Provided further, That this 

18 section shall not apply to Department of Defense foreign 

19 service national employees serving at United States diplo20 matic missions whose pay is set by the Department of 

21 State under the Foreign Service Act of 1980: Provided 

22 further, That the limitations of this provision shall not 

23 apply to foreign national employees of the Department of 

24 Defense in the Republic of Turkey. 


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1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

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

4 SEC. 8004. No more than 20 percent of the appro5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 

7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $4,000,000,000 

16 of working capital funds of the Department of Defense 

17 or funds made available in this Act to the Department 

18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any 

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

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

22 the appropriation or fund to which transferred: Provided, 

23 That such authority to transfer may not be used unless 

24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated 


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1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further, 

3 That the Secretary of Defense shall notify the Congress 

4 promptly of all transfers made pursuant to this authority 

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

6 no part of the funds in this Act shall be available to pre7 pare or present a request to the Committees on Appropria8 tions for reprogramming of funds, unless for higher pri9 ority items, based on unforeseen military requirements, 

10 than those for which originally appropriated and in no 

11 case where the item for which reprogramming is requested 

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

13 a request for multiple reprogrammings of funds using au14 thority provided in this section shall be made prior to June 

15 30, 2011: Provided further, That transfers among military 

16 personnel appropriations shall not be taken into account 

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

18 may be transferred under this section. 

19 SEC. 8006. (a) With regard to the list of specific pro20 grams, projects, and activities (and the dollar amounts 

21 and adjustments to budget activities corresponding to 

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

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

24 in the explanatory statement regarding this Act, the obli25 gation and expenditure of amounts appropriated or otherVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 wise made available in this Act for those programs, 

2 projects, and activities for which the amounts appro3 priated exceed the amounts requested are hereby required 

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

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

6 in the text of this Act. 

7 (b) Amounts specified in the referenced tables de8 scribed in subsection (a) shall not be treated as subdivi9 sions of appropriations for purposes of section 8005 of this 

10 Act: Provided, That section 8005 shall apply when trans11 fers of the amounts described in subsection (a) occur be12 tween appropriation accounts. 

13 SEC. 8007. (a) Not later than 60 days after enact14 ment of this Act, the Department of Defense shall submit 

15 a report to the congressional defense committees to estab16 lish the baseline for application of reprogramming and 

17 transfer authorities for fiscal year 2011: Provided, That 

18 the report shall include— 

19 (1) a table for each appropriation with a sepa20 rate column to display the President’s budget re21 quest, adjustments made by Congress, adjustments 

22 due to enacted rescissions, if appropriate, and the 

23 fiscal year enacted level; 

24 (2) a delineation in the table for each appro25 priation both by budget activity and program, 


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1 project, and activity as detailed in the Budget Ap2 pendix; and 

3 (3) an identification of items of special congres4 sional interest. 

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

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

7 reprogramming or transfer until the report identified in 

8 subsection (a) is submitted to the congressional defense 

9 committees, unless the Secretary of Defense certifies in 

10 writing to the congressional defense committees that such 

11 reprogramming or transfer is necessary as an emergency 

12 requirement. 

13 (TRANSFER OF FUNDS)

14 SEC. 8008. During the current fiscal year, cash bal15 ances in working capital funds of the Department of De16 fense established pursuant to section 2208 of title 10, 

17 United States Code, may be maintained in only such 

18 amounts as are necessary at any time for cash disburse19 ments to be made from such funds: Provided, That trans20 fers may be made between such funds: Provided further, 

21 That transfers may be made between working capital 

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

23 appropriation and the ‘‘Operation and Maintenance’’ ap24 propriation accounts in such amounts as may be deter25 mined by the Secretary of Defense, with the approval of 


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1 the Office of Management and Budget, except that such 

2 transfers may not be made unless the Secretary of Defense 

3 has notified the Congress of the proposed transfer. Except 

4 in amounts equal to the amounts appropriated to working 

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

6 against a working capital fund to procure or increase the 

7 value of war reserve material inventory, unless the Sec8 retary of Defense has notified the Congress prior to any 

9 such obligation. 

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

11 be used to initiate a special access program without prior 

12 notification 30 calendar days in advance to the congres13 sional defense committees. 

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

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

16 employs economic order quantity procurement in excess of 

17 $20,000,000 in any one year of the contract or that in18 cludes an unfunded contingent liability in excess of 

19 $20,000,000; or (2) a contract for advance procurement 

20 leading to a multiyear contract that employs economic 

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

22 any one year, unless the congressional defense committees 

23 have been notified at least 30 days in advance of the pro24 posed contract award: Provided, That no part of any ap25 propriation contained in this Act shall be available to iniVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 tiate a multiyear contract for which the economic order 

2 quantity advance procurement is not funded at least to 

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

4 That no part of any appropriation contained in this Act 

5 shall be available to initiate multiyear procurement con6 tracts for any systems or component thereof if the value 

7 of the multiyear contract would exceed $500,000,000 un8 less specifically provided in this Act: Provided further, 

9 That no multiyear procurement contract can be termi10 nated without 10-day prior notification to the congres11 sional defense committees: Provided further, That the exe12 cution of multiyear authority shall require the use of a 

13 present value analysis to determine lowest cost compared 

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

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

16 contract executed after the date of the enactment of this 

17 Act unless in the case of any such contract— 

18 (1) the Secretary of Defense has submitted to 

19 Congress a budget request for full funding of units 

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

21 of a contract for procurement of aircraft, that in22 cludes, for any aircraft unit to be procured through 

23 the contract for which procurement funds are re24 quested in that budget request for production be25 yond advance procurement activities in the fiscal 


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1 year covered by the budget, full funding of procure2 ment of such unit in that fiscal year; 

3 (2) cancellation provisions in the contract do 

4 not include consideration of recurring manufacturing 

5 costs of the contractor associated with the produc6 tion of unfunded units to be delivered under the con7 tract; 

8 (3) the contract provides that payments to the 

9 contractor under the contract shall not be made in 

10 advance of incurred costs on funded units; and 

11 (4) the contract does not provide for a price ad12 justment based on a failure to award a follow-on 

13 contract. 

14 Funds appropriated in title III of this Act may be 

15 used for a multiyear procurement contract as follows: 

16 Navy MH–60R/S Helicopter Systems. 

17 SEC. 8011. Within the funds appropriated for the op18 eration and maintenance of the Armed Forces, funds are 

19 hereby appropriated pursuant to section 401 of title 10, 

20 United States Code, for humanitarian and civic assistance 

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

22 Such funds may also be obligated for humanitarian and 

23 civic assistance costs incidental to authorized operations 

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1 tions shall be reported as required by section 401(d) of 

2 title 10, United States Code: Provided, That funds avail3 able for operation and maintenance shall be available for 

4 providing humanitarian and similar assistance by using 

5 Civic Action Teams in the Trust Territories of the Pacific 

6 Islands and freely associated states of Micronesia, pursu7 ant to the Compact of Free Association as authorized by 

8 Public Law 99–239: Provided further, That upon a deter9 mination by the Secretary of the Army that such action 

10 is beneficial for graduate medical education programs con11 ducted at Army medical facilities located in Hawaii, the 

12 Secretary of the Army may authorize the provision of med13 ical services at such facilities and transportation to such 

14 facilities, on a nonreimbursable basis, for civilian patients 

15 from American Samoa, the Commonwealth of the North16 ern Mariana Islands, the Marshall Islands, the Federated 

17 States of Micronesia, Palau, and Guam. 

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

19 personnel of the Department of Defense may not be man20 aged on the basis of any end-strength, and the manage21 ment of such personnel during that fiscal year shall not 

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

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

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


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1 (b) The fiscal year 2012 budget request for the De2 partment of Defense as well as all justification material 

3 and other documentation supporting the fiscal year 2012 

4 Department of Defense budget request shall be prepared 

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

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

7 year 2012. 

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

9 to military (civilian) technicians. 

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

11 Act shall be used in any way, directly or indirectly, to in12 fluence congressional action on any legislation or appro13 priation matters pending before the Congress. 

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

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

16 any member of the Army participating as a full-time stu17 dent and receiving benefits paid by the Secretary of Vet18 erans Affairs from the Department of Defense Education 

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

20 credited toward completion of a service commitment: Pro21 vided, That this section shall not apply to those members 

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

23 1987: Provided further, That this section applies only to 

24 active components of the Army. 


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

2 this Act shall be available to convert to contractor per3 formance an activity or function of the Department of De4 fense that, on or after the date of the enactment of this 

5 Act, is performed by Department of Defense civilian em6 ployees unless— 

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

8 public-private competition that includes a most effi9 cient and cost effective organization plan developed 

10 by such activity or function; 

11 (2) the Competitive Sourcing Official deter12 mines that, over all performance periods stated in 

13 the solicitation of offers for performance of the ac14 tivity or function, the cost of performance of the ac15 tivity or function by a contractor would be less costly 

16 to the Department of Defense by an amount that 

17 equals or exceeds the lesser of— 

18 (A) 10 percent of the most efficient organi19 zation’s personnel-related costs for performance 

20 of that activity or function by Federal employ21 ees; or 

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

23 (3) the contractor does not receive an advan24 tage for a proposal that would reduce costs for the 

25 Department of Defense by— 


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1 (A) not making an employer-sponsored 

2 health insurance plan available to the workers 

3 who are to be employed in the performance of 

4 that activity or function under the contract; or 

5 (B) offering to such workers an employer6 sponsored health benefits plan that requires the 

7 employer to contribute less towards the pre8 mium or subscription share than the amount 

9 that is paid by the Department of Defense for 

10 health benefits for civilian employees under 

11 chapter 89 of title 5, United States Code. 

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

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

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

15 notwithstanding any administrative regulation, require16 ment, or policy to the contrary shall have full authority 

17 to enter into a contract for the performance of any com18 mercial or industrial type function of the Department of 

19 Defense that— 

20 (A) is included on the procurement list es21 tablished pursuant to section 2 of the Javits22 Wagner-O’Day Act (section 8503 of title 41, 

23 United States Code); 

24 (B) is planned to be converted to perform25 ance by a qualified nonprofit agency for the 


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1 blind or by a qualified nonprofit agency for 

2 other severely handicapped individuals in ac3 cordance with that Act; or 

4 (C) is planned to be converted to perform5 ance by a qualified firm under at least 51 per6 cent ownership by an Indian tribe, as defined in 

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

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

9 450b(e)), or a Native Hawaiian Organization, 

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

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

12 (2) This section shall not apply to depot con13 tracts or contracts for depot maintenance as pro14 vided in sections 2469 and 2474 of title 10, United 

15 States Code. 

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

17 Department of Defense under the authority provided by 

18 this section shall be credited toward any competitive or 

19 outsourcing goal, target, or measurement that may be es20 tablished by statute, regulation, or policy and is deemed 

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

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

23 States Code, for the competition or outsourcing of com24 mercial activities. 


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1 (TRANSFER OF FUNDS)

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

3 for the Department of Defense Pilot Mentor-Protege Pro4 gram may be transferred to any other appropriation con5 tained in this Act solely for the purpose of implementing 

6 a Mentor-Protege Program developmental assistance 

7 agreement pursuant to section 831 of the National De8 fense Authorization Act for Fiscal Year 1991 (Public Law 

9 101–510; 10 U.S.C. 2302 note), as amended, under the 

10 authority of this provision or any other transfer authority 

11 contained in this Act: Provided, That subsection (j) of sec12 tion 831 of the National Defense Authorization Act for 

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

14 2010’’ and inserting ‘‘September 30, 2011’’, and by strik15 ing ‘‘September 30, 2013’’ and inserting ‘‘September 30, 

16 2014’’. 

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

18 available for the purchase by the Department of Defense 

19 (and its departments and agencies) of welded shipboard 

20 anchor and mooring chain 4 inches in diameter and under 

21 unless the anchor and mooring chain are manufactured 

22 in the United States from components which are substan23 tially manufactured in the United States: Provided, That 

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

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


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1 of chain and welding (including the forging and shot blast2 ing process): Provided further, That for the purpose of this 

3 section substantially all of the components of anchor and 

4 mooring chain shall be considered to be produced or manu5 factured in the United States if the aggregate cost of the 

6 components produced or manufactured in the United 

7 States exceeds the aggregate cost of the components pro8 duced or manufactured outside the United States: Pro9 vided further, That when adequate domestic supplies are 

10 not available to meet Department of Defense requirements 

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

12 for the procurement may waive this restriction on a case13 by-case basis by certifying in writing to the Committees 

14 on Appropriations that such an acquisition must be made 

15 in order to acquire capability for national security pur16 poses. 

17 SEC. 8018. None of the funds available to the De18 partment of Defense may be used to demilitarize or dis19 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

20 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

21 to demilitarize or destroy small arms ammunition or am22 munition components that are not otherwise prohibited 

23 from commercial sale under Federal law, unless the small 

24 arms ammunition or ammunition components are certified 


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1 by the Secretary of the Army or designee as unserviceable 

2 or unsafe for further use. 

3 SEC. 8019. No more than $500,000 of the funds ap4 propriated or made available in this Act shall be used dur5 ing a single fiscal year for any single relocation of an orga6 nization, unit, activity or function of the Department of 

7 Defense into or within the National Capital Region: Pro8 vided, That the Secretary of Defense may waive this re9 striction on a case-by-case basis by certifying in writing 

10 to the congressional defense committees that such a relo11 cation is required in the best interest of the Government. 

12 SEC. 8020. In addition to the funds provided else13 where in this Act, $15,000,000 is appropriated only for 

14 incentive payments authorized by section 504 of the In15 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

16 That a prime contractor or a subcontractor at any tier 

17 that makes a subcontract award to any subcontractor or 

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

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

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

21 of title 25, United States Code, shall be considered a con22 tractor for the purposes of being allowed additional com23 pensation under section 504 of the Indian Financing Act 

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

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


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1 expenditure of funds appropriated by an Act making Ap2 propriations for the Department of Defense with respect 

3 to any fiscal year: Provided further, That notwithstanding 

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

5 shall be applicable to any Department of Defense acquisi6 tion of supplies or services, including any contract and any 

7 subcontract at any tier for acquisition of commercial items 

8 produced or manufactured, in whole or in part by any sub9 contractor or supplier defined in section 1544 of title 25, 

10 United States Code, or a small business owned and con11 trolled by an individual or individuals defined under sec12 tion 4221(9) of title 25, United States Code. 

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

14 Defense Media Activity shall not be used for any national 

15 or international political or psychological activities. 

16 SEC. 8022. During the current fiscal year, the De17 partment of Defense is authorized to incur obligations of 

18 not to exceed $350,000,000 for purposes specified in sec19 tion 2350j(c) of title 10, United States Code, in anticipa20 tion of receipt of contributions, only from the Government 

21 of Kuwait, under that section: Provided, That upon re22 ceipt, such contributions from the Government of Kuwait 

23 shall be credited to the appropriations or fund which in24 curred such obligations. 


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

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

3 Civil Air Patrol Corporation, of which— 

4 (1) $27,048,000 shall be available from ‘‘Oper5 ation and Maintenance, Air Force’’ to support Civil 

6 Air Patrol Corporation operation and maintenance, 

7 readiness, counterdrug activities, and drug demand 

8 reduction activities involving youth programs; 

9 (2) $2,424,000 shall be available from ‘‘Aircraft 

10 Procurement, Air Force’’; and 

11 (3) $902,000 shall be available from ‘‘Other 

12 Procurement, Air Force’’ for vehicle procurement. 

13 (b) The Secretary of the Air Force should waive reim14 bursement for any funds used by the Civil Air Patrol for 

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

16 local government agencies. 

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

18 Act are available to establish a new Department of De19 fense (department) federally funded research and develop20 ment center (FFRDC), either as a new entity, or as a 

21 separate entity administrated by an organization man22 aging another FFRDC, or as a nonprofit membership cor23 poration consisting of a consortium of other FFRDCs and 

24 other nonprofit entities. 


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

2 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

4 and no paid consultant to any defense FFRDC, except 

5 when acting in a technical advisory capacity, may be com6 pensated for his or her services as a member of such enti7 ty, or as a paid consultant by more than one FFRDC in 

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

9 referred to previously in this subsection shall be allowed 

10 travel expenses and per diem as authorized under the Fed11 eral Joint Travel Regulations, when engaged in the per12 formance of membership duties. 

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

14 of the funds available to the department from any source 

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

16 through a fee or other payment mechanism, for construc17 tion of new buildings, for payment of cost sharing for 

18 projects funded by Government grants, for absorption of 

19 contract overruns, or for certain charitable contributions, 

20 not to include employee participation in community service 

21 and/or development. 

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

23 the funds available to the department during fiscal year 

24 2011, not more than 5,750 staff years of technical effort 

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1 vided, That of the specific amount referred to previously 

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

3 be funded for the defense studies and analysis FFRDCs: 

4 Provided further, That this subsection shall not apply to 

5 staff years funded in the National Intelligence Program 

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

7 (e) The Secretary of Defense shall, with the submis8 sion of the department’s fiscal year 2012 budget request, 

9 submit a report presenting the specific amounts of staff 

10 years of technical effort to be allocated for each defense 

11 FFRDC during that fiscal year and the associated budget 

12 estimates. 

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

14 the total amount appropriated in this Act for FFRDCs 

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

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

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

18 or armor steel plate for use in any Government-owned fa19 cility or property under the control of the Department of 

20 Defense which were not melted and rolled in the United 

21 States or Canada: Provided, That these procurement re22 strictions shall apply to any and all Federal Supply Class 

23 9515, American Society of Testing and Materials (ASTM) 

24 or American Iron and Steel Institute (AISI) specifications 

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


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1 That the Secretary of the military department responsible 

2 for the procurement may waive this restriction on a case3 by-case basis by certifying in writing to the Committees 

4 on Appropriations of the House of Representatives and the 

5 Senate that adequate domestic supplies are not available 

6 to meet Department of Defense requirements on a timely 

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

8 to acquire capability for national security purposes: Pro9 vided further, That these restrictions shall not apply to 

10 contracts which are in being as of the date of the enact11 ment of this Act. 

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

13 ‘‘congressional defense committees’’ means the Armed 

14 Services Committee of the House of Representatives, the 

15 Armed Services Committee of the Senate, the Sub16 committee on Defense of the Committee on Appropriations 

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

18 Committee on Appropriations of the House of Representa19 tives. 

20 SEC. 8027. During the current fiscal year, the De21 partment of Defense may acquire the modification, depot 

22 maintenance and repair of aircraft, vehicles and vessels 

23 as well as the production of components and other De24 fense-related articles, through competition between De25 partment of Defense depot maintenance activities and priVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 vate firms: Provided, That the Senior Acquisition Execu2 tive of the military department or Defense Agency con3 cerned, with power of delegation, shall certify that success4 ful bids include comparable estimates of all direct and in5 direct costs for both public and private bids: Provided fur6 ther, That Office of Management and Budget Circular A– 

7 76 shall not apply to competitions conducted under this 

8 section. 

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

10 consultation with the United States Trade Representative, 

11 determines that a foreign country which is party to an 

12 agreement described in paragraph (2) has violated the 

13 terms of the agreement by discriminating against certain 

14 types of products produced in the United States that are 

15 covered by the agreement, the Secretary of Defense shall 

16 rescind the Secretary’s blanket waiver of the Buy Amer17 ican Act with respect to such types of products produced 

18 in that foreign country. 

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

20 reciprocal defense procurement memorandum of under21 standing, between the United States and a foreign country 

22 pursuant to which the Secretary of Defense has prospec23 tively waived the Buy American Act for certain products 

24 in that country. 


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1 (b) The Secretary of Defense shall submit to the Con2 gress a report on the amount of Department of Defense 

3 purchases from foreign entities in fiscal year 2011. Such 

4 report shall separately indicate the dollar value of items 

5 for which the Buy American Act was waived pursuant to 

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

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

8 international agreement to which the United States is a 

9 party. 

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

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

12 States Code. 

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

14 contained in the Department of Defense Overseas Military 

15 Facility Investment Recovery Account established by sec16 tion 2921(c)(1) of the National Defense Authorization Act 

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

18 be available until expended for the payments specified by 

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

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

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

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

23 tribes located in the States of Nevada, Idaho, North Da24 kota, South Dakota, Montana, Oregon, Minnesota, and 

25 Washington relocatable military housing units located at 


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1 Grand Forks Air Force Base, Malmstrom Air Force Base, 

2 Mountain Home Air Force Base, Ellsworth Air Force 

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

4 needs of the Air Force. 

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

6 no cost to the Air Force, military housing units under sub7 section (a) in accordance with the request for such units 

8 that are submitted to the Secretary by the Operation 

9 Walking Shield Program on behalf of Indian tribes located 

10 in the States of Nevada, Idaho, North Dakota, South Da11 kota, Montana, Oregon, Minnesota, and Washington. Any 

12 such conveyance shall be subject to the condition that the 

13 housing units shall be removed within a reasonable period 

14 of time, as determined by the Secretary. 

15 (c) The Operation Walking Shield Program shall re16 solve any conflicts among requests of Indian tribes for 

17 housing units under subsection (a) before submitting re18 quests to the Secretary of the Air Force under subsection 

19 (b). 

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

21 any recognized Indian tribe included on the current list 

22 published by the Secretary of the Interior under section 

23 104 of the Federally Recognized Indian Tribe Act of 1994 

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

25 1). 


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1 SEC. 8031. During the current fiscal year, appropria2 tions which are available to the Department of Defense 

3 for operation and maintenance may be used to purchase 

4 items having an investment item unit cost of not more 

5 than $250,000. 

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

7 of the appropriations or funds available to the Department 

8 of Defense Working Capital Funds shall be used for the 

9 purchase of an investment item for the purpose of acquir10 ing a new inventory item for sale or anticipated sale dur11 ing the current fiscal year or a subsequent fiscal year to 

12 customers of the Department of Defense Working Capital 

13 Funds if such an item would not have been chargeable 

14 to the Department of Defense Business Operations Fund 

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

16 investment item would be chargeable during the current 

17 fiscal year to appropriations made to the Department of 

18 Defense for procurement. 

19 (b) The fiscal year 2012 budget request for the De20 partment of Defense as well as all justification material 

21 and other documentation supporting the fiscal year 2012 

22 Department of Defense budget shall be prepared and sub23 mitted to the Congress on the basis that any equipment 

24 which was classified as an end item and funded in a pro25 curement appropriation contained in this Act shall be 


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1 budgeted for in a proposed fiscal year 2012 procurement 

2 appropriation and not in the supply management business 

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

4 Defense Working Capital Funds. 

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

6 Act for programs of the Central Intelligence Agency shall 

7 remain available for obligation beyond the current fiscal 

8 year, except for funds appropriated for the Reserve for 

9 Contingencies, which shall remain available until Sep10 tember 30, 2012: Provided, That funds appropriated, 

11 transferred, or otherwise credited to the Central Intel12 ligence Agency Central Services Working Capital Fund 

13 during this or any prior or subsequent fiscal year shall 

14 remain available until expended: Provided further, That 

15 any funds appropriated or transferred to the Central Intel16 ligence Agency for advanced research and development ac17 quisition, for agent operations, and for covert action pro18 grams authorized by the President under section 503 of 

19 the National Security Act of 1947, as amended, shall re20 main available until September 30, 2012. 

21 SEC. 8034. Notwithstanding any other provision of 

22 law, funds made available in this Act for the Defense In23 telligence Agency may be used for the design, develop24 ment, and deployment of General Defense Intelligence 

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1 formation systems for the Services, the Unified and Speci2 fied Commands, and the component commands. 

3 SEC. 8035. Of the funds appropriated to the Depart4 ment of Defense under the heading ‘‘Operation and Main5 tenance, Defense-Wide’’, not less than $12,000,000 shall 

6 be made available only for the mitigation of environmental 

7 impacts, including training and technical assistance to 

8 tribes, related administrative support, the gathering of in9 formation, documenting of environmental damage, and de10 veloping a system for prioritization of mitigation and cost 

11 to complete estimates for mitigation, on Indian lands re12 sulting from Department of Defense activities. 

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

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

15 Defense unless the entity, in expending the funds, com16 plies with the Buy American Act. For purposes of this 

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

18 83 of title 41, United States Code. 

19 (b) If the Secretary of Defense determines that a per20 son has been convicted of intentionally affixing a label 

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

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

23 in America, the Secretary shall determine, in accordance 

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1 er the person should be debarred from contracting with 

2 the Department of Defense. 

3 (c) In the case of any equipment or products pur4 chased with appropriations provided under this Act, it is 

5 the sense of the Congress that any entity of the Depart6 ment of Defense, in expending the appropriation, purchase 

7 only American-made equipment and products, provided 

8 that American-made equipment and products are cost9 competitive, quality competitive, and available in a timely 

10 fashion. 

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

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

13 or consulting services entered into without competition on 

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

15 activity responsible for the procurement determines— 

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

17 only one source is found fully qualified to perform 

18 the proposed work; 

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

20 unsolicited proposal which offers significant sci21 entific or technological promise, represents the prod22 uct of original thinking, and was submitted in con23 fidence by one source; or 

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1 plishment by a specific concern, or to insure that a 

2 new product or idea of a specific concern is given fi3 nancial support: Provided, That this limitation shall 

4 not apply to contracts in an amount of less than 

5 $25,000, contracts related to improvements of equip6 ment that is in development or production, or con7 tracts as to which a civilian official of the Depart8 ment of Defense, who has been confirmed by the 

9 Senate, determines that the award of such contract 

10 is in the interest of the national defense. 

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

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

13 be used— 

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

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

16 Armed Forces or civilian employee of the depart17 ment who is transferred or reassigned from a head18 quarters activity if the member or employee’s place 

19 of duty remains at the location of that headquarters. 

20 (b) The Secretary of Defense or Secretary of a mili21 tary department may waive the limitations in subsection 

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

23 and certifies to the Committees on Appropriations of the 

24 House of Representatives and Senate that the granting 


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1 of the waiver will reduce the personnel requirements or 

2 the financial requirements of the department. 

3 (c) This section does not apply to— 

4 (1) field operating agencies funded within the 

5 National Intelligence Program; 

6 (2) an Army field operating agency established 

7 to eliminate, mitigate, or counter the effects of im8 provised explosive devices, and, as determined by the 

9 Secretary of the Army, other similar threats; or 

10 (3) an Army field operating agency established 

11 to improve the effectiveness and efficiencies of bio12 metric activities and to integrate common biometric 

13 technologies throughout the Department of Defense. 

14 SEC. 8039. The Secretary of Defense, notwith15 standing any other provision of law, acting through the 

16 Office of Economic Adjustment of the Department of De17 fense, may use funds made available in this Act under the 

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

19 make grants and supplement other Federal funds in ac20 cordance with the guidance provided in the explanatory 

21 statement regarding this Act. 

22 (RESCISSIONS)

23 SEC. 8040. Of the funds appropriated in Department 

24 of Defense Appropriations Acts, the following funds are 


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1 hereby rescinded from the following accounts and pro2 grams in the specified amounts: 

3 ‘‘Procurement of Weapons and Tracked Combat 

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

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

6 $147,600,000. 

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

8 $26,100,000. 

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

10 $116,900,000. 

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

12 $14,000,000. 

13 ‘‘Procurement of Weapons and Tracked Combat 

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

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

16 $9,171,000. 

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

18 $284,847,000. 

19 ‘‘Procurement of Ammunition, Navy and Ma20 rine Corps, 2010/2012’’, $11,576,000. 

21 Under the heading, ‘‘Shipbuilding and Conver22 sion, Navy, 2010/2014’’: DDG–51 Destroyer, 

23 $22,000,000. 

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

25 $9,042,000. 


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

2 $151,300,000. 

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

4 $36,600,000. 

5 ‘‘Research, Development, Test and Evaluation, 

6 Army, 2010/2011’’, $53,500,000. 

7 ‘‘Research, Development, Test and Evaluation, 

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

9 ‘‘Research, Development, Test and Evaluation, 

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

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

12 may be used to reduce the authorized positions for mili13 tary (civilian) technicians of the Army National Guard, 

14 Air National Guard, Army Reserve and Air Force Reserve 

15 for the purpose of applying any administratively imposed 

16 civilian personnel ceiling, freeze, or reduction on military 

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

18 result of a reduction in military force structure. 

19 SEC. 8042. None of the funds appropriated or other20 wise made available in this Act may be obligated or ex21 pended for assistance to the Democratic People’s Republic 

22 of Korea unless specifically appropriated for that purpose. 

23 SEC. 8043. Funds appropriated in this Act for oper24 ation and maintenance of the Military Departments, Com25 batant Commands and Defense Agencies shall be available 


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1 for reimbursement of pay, allowances and other expenses 

2 which would otherwise be incurred against appropriations 

3 for the National Guard and Reserve when members of the 

4 National Guard and Reserve provide intelligence or coun5 terintelligence support to Combatant Commands, Defense 

6 Agencies and Joint Intelligence Activities, including the 

7 activities and programs included within the National Intel8 ligence Program and the Military Intelligence Program: 

9 Provided, That nothing in this section authorizes deviation 

10 from established Reserve and National Guard personnel 

11 and training procedures. 

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

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

14 the civilian medical and medical support personnel as15 signed to military treatment facilities below the September 

16 30, 2003, level: Provided, That the Service Surgeons Gen17 eral may waive this section by certifying to the congres18 sional defense committees that the beneficiary population 

19 is declining in some catchment areas and civilian strength 

20 reductions may be consistent with responsible resource 

21 stewardship and capitation-based budgeting. 

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

23 Department of Defense for any fiscal year for drug inter24 diction or counter-drug activities may be transferred to 


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1 any other department or agency of the United States ex2 cept as specifically provided in an appropriations law. 

3 (b) None of the funds available to the Central Intel4 ligence Agency for any fiscal year for drug interdiction 

5 and counter-drug activities may be transferred to any 

6 other department or agency of the United States except 

7 as specifically provided in an appropriations law. 

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

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

10 bearings other than those produced by a domestic source 

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

12 the military department responsible for such procurement 

13 may waive this restriction on a case-by-case basis by certi14 fying in writing to the Committees on Appropriations of 

15 the House of Representatives and the Senate, that ade16 quate domestic supplies are not available to meet Depart17 ment of Defense requirements on a timely basis and that 

18 such an acquisition must be made in order to acquire ca19 pability for national security purposes: Provided further, 

20 That this restriction shall not apply to the purchase of 

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

22 Office of Federal Procurement Policy Act, except that the 

23 restriction shall apply to ball or roller bearings purchased 

24 as end items. 


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

2 used to purchase any supercomputer which is not manu3 factured in the United States, unless the Secretary of De4 fense certifies to the congressional defense committees 

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

6 capability for national security purposes that is not avail7 able from United States manufacturers. 

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

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

10 officer or employee of the Department of Defense who ap11 proves or implements the transfer of administrative re12 sponsibilities or budgetary resources of any program, 

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

14 of another Federal agency not financed by this Act with15 out the express authorization of Congress: Provided, That 

16 this limitation shall not apply to transfers of funds ex17 pressly provided for in Defense Appropriations Acts, or 

18 provisions of Acts providing supplemental appropriations 

19 for the Department of Defense. 

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

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

22 Defense for the current fiscal year may be obligated or 

23 expended to transfer to another nation or an international 

24 organization any defense articles or services (other than 

25 intelligence services) for use in the activities described in 


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1 subsection (b) unless the congressional defense commit2 tees, the Committee on Foreign Affairs of the House of 

3 Representatives, and the Committee on Foreign Relations 

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

5 transfer. 

6 (b) This section applies to— 

7 (1) any international peacekeeping or peace-en8 forcement operation under the authority of chapter 

9 VI or chapter VII of the United Nations Charter 

10 under the authority of a United Nations Security 

11 Council resolution; and 

12 (2) any other international peacekeeping, peace13 enforcement, or humanitarian assistance operation. 

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

15 following: 

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

17 services to be transferred. 

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

19 supplies, or services to be transferred. 

20 (3) In the case of a proposed transfer of equip21 ment or supplies— 

22 (A) a statement of whether the inventory 

23 requirements of all elements of the Armed 

24 Forces (including the reserve components) for 


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1 the type of equipment or supplies to be trans2 ferred have been met; and 

3 (B) a statement of whether the items pro4 posed to be transferred will have to be replaced 

5 and, if so, how the President proposes to pro6 vide funds for such replacement. 

7 SEC. 8050. None of the funds available to the De8 partment of Defense under this Act shall be obligated or 

9 expended to pay a contractor under a contract with the 

10 Department of Defense for costs of any amount paid by 

11 the contractor to an employee when— 

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

13 excess of the normal salary paid by the contractor 

14 to the employee; and 

15 (2) such bonus is part of restructuring costs as16 sociated with a business combination. 

17 (INCLUDING TRANSFER OF FUNDS)

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

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

20 under the heading ‘‘Operation and Maintenance, Defense21 Wide’’ may be transferred to appropriations available for 

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

23 be available for the same time period as the appropriations 

24 to which transferred, to be used in support of such per25 sonnel in connection with support and services for eligible 


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1 organizations and activities outside the Department of De2 fense pursuant to section 2012 of title 10, United States 

3 Code. 

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

5 of an appropriation account of the Department of Defense 

6 for which the period of availability for obligation has ex7 pired or which has closed under the provisions of section 

8 1552 of title 31, United States Code, and which has a 

9 negative unliquidated or unexpended balance, an obliga10 tion or an adjustment of an obligation may be charged 

11 to any current appropriation account for the same purpose 

12 as the expired or closed account if— 

13 (1) the obligation would have been properly 

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

15 closed account before the end of the period of avail16 ability or closing of that account; 

17 (2) the obligation is not otherwise properly 

18 chargeable to any current appropriation account of 

19 the Department of Defense; and 

20 (3) in the case of an expired account, the obli21 gation is not chargeable to a current appropriation 

22 of the Department of Defense under the provisions 

23 of section 1405(b)(8) of the National Defense Au24 thorization Act for Fiscal Year 1991, Public Law 

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1 vided, That in the case of an expired account, if sub2 sequent review or investigation discloses that there 

3 was not in fact a negative unliquidated or unex4 pended balance in the account, any charge to a cur5 rent account under the authority of this section shall 

6 be reversed and recorded against the expired ac7 count: Provided further, That the total amount 

8 charged to a current appropriation under this sec9 tion may not exceed an amount equal to 1 percent 

10 of the total appropriation for that account. 

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

12 of law, the Chief of the National Guard Bureau may per13 mit the use of equipment of the National Guard Distance 

14 Learning Project by any person or entity on a space-avail15 able, reimbursable basis. The Chief of the National Guard 

16 Bureau shall establish the amount of reimbursement for 

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

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

19 credited to funds available for the National Guard Dis20 tance Learning Project and be available to defray the costs 

21 associated with the use of equipment of the project under 

22 that subsection. Such funds shall be available for such 

23 purposes without fiscal year limitation. 

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

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


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

2 States Code, may implement cost-effective agreements for 

3 required heating facility modernization in the 

4 Kaiserslautern Military Community in the Federal Repub5 lic of Germany: Provided, That in the City of 

6 Kaiserslautern and at the Rhine Ordnance Barracks area, 

7 such agreements will include the use of United States an8 thracite as the base load energy for municipal district heat 

9 to the United States Defense installations: Provided fur10 ther, That at Landstuhl Army Regional Medical Center 

11 and Ramstein Air Base, furnished heat may be obtained 

12 from private, regional or municipal services, if provisions 

13 are included for the consideration of United States coal 

14 as an energy source. 

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

16 IV of this Act may be used to procure end-items for deliv17 ery to military forces for operational training, operational 

18 use or inventory requirements: Provided, That this restric19 tion does not apply to end-items used in development, 

20 prototyping, and test activities preceding and leading to 

21 acceptance for operational use: Provided further, That this 

22 restriction does not apply to programs funded within the 

23 National Intelligence Program: Provided further, That the 

24 Secretary of Defense may waive this restriction on a case25 by-case basis by certifying in writing to the Committees 


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1 on Appropriations of the House of Representatives and the 

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

3 so. 

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

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

6 22A advanced tactical fighter to any foreign government: 

7 Provided, That the Department of Defense may conduct 

8 or participate in studies, research, design and other activi9 ties to define and develop a future export version of the 

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

11 technologies and U.S. warfighting capabilities. 

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

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

14 each limitation on the procurement of defense items from 

15 foreign sources provided in law if the Secretary determines 

16 that the application of the limitation with respect to that 

17 country would invalidate cooperative programs entered 

18 into between the Department of Defense and the foreign 

19 country, or would invalidate reciprocal trade agreements 

20 for the procurement of defense items entered into under 

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

22 country does not discriminate against the same or similar 

23 defense items produced in the United States for that coun24 try. 

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


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1 (1) contracts and subcontracts entered into on 

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

3 (2) options for the procurement of items that 

4 are exercised after such date under contracts that 

5 are entered into before such date if the option prices 

6 are adjusted for any reason other than the applica7 tion of a waiver granted under subsection (a). 

8 (c) Subsection (a) does not apply to a limitation re9 garding construction of public vessels, ball and roller bear10 ings, food, and clothing or textile materials as defined by 

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

12 Schedule and products classified under headings 4010, 

13 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

14 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

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

17 this Act may be used to support any training program in18 volving a unit of the security forces or police of a foreign 

19 country if the Secretary of Defense has received credible 

20 information from the Department of State that the unit 

21 has committed a gross violation of human rights, unless 

22 all necessary corrective steps have been taken. 

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

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

25 to conduct any training program referred to in subsection 


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

2 available to the Department of State relating to human 

3 rights violations by foreign security forces. 

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

5 the Secretary of State, may waive the prohibition in sub6 section (a) if he determines that such waiver is required 

7 by extraordinary circumstances. 

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

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

10 submit a report to the congressional defense committees 

11 describing the extraordinary circumstances, the purpose 

12 and duration of the training program, the United States 

13 forces and the foreign security forces involved in the train14 ing program, and the information relating to human rights 

15 violations that necessitates the waiver. 

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

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

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

19 ships unless the main propulsion diesel engines and 

20 propulsors are manufactured in the United States by a 

21 domestically operated entity: Provided, That the Secretary 

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

23 basis by certifying in writing to the Committees on Appro24 priations of the House of Representatives and the Senate 

25 that adequate domestic supplies are not available to meet 


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1 Department of Defense requirements on a timely basis 

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

3 acquire capability for national security purposes or there 

4 exists a significant cost or quality difference. 

5 SEC. 8060. None of the funds appropriated or other6 wise made available by this or other Department of De7 fense Appropriations Acts may be obligated or expended 

8 for the purpose of performing repairs or maintenance to 

9 military family housing units of the Department of De10 fense, including areas in such military family housing 

11 units that may be used for the purpose of conducting offi12 cial Department of Defense business. 

13 SEC. 8061. Notwithstanding any other provision of 

14 law, funds appropriated in this Act under the heading 

15 ‘‘Research, Development, Test and Evaluation, Defense16 Wide’’ for any new start advanced concept technology 

17 demonstration project or joint capability demonstration 

18 project may only be obligated 30 days after a report, in19 cluding a description of the project, the planned acquisi20 tion and transition strategy and its estimated annual and 

21 total cost, has been provided in writing to the congres22 sional defense committees: Provided, That the Secretary 

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

24 basis by certifying to the congressional defense committees 

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


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1 SEC. 8062. The Secretary of Defense shall provide 

2 a classified quarterly report beginning 30 days after enact3 ment of this Act, to the House and Senate Appropriations 

4 Committees, Subcommittees on Defense on certain mat5 ters as directed in the classified annex accompanying this 

6 Act. 

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

8 the funds available to the Department of Defense may be 

9 used to provide support to another department or agency 

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

11 than 90 days in arrears in making payment to the Depart12 ment of Defense for goods or services previously provided 

13 to such department or agency on a reimbursable basis: 

14 Provided, That this restriction shall not apply if the de15 partment is authorized by law to provide support to such 

16 department or agency on a nonreimbursable basis, and is 

17 providing the requested support pursuant to such author18 ity: Provided further, That the Secretary of Defense may 

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

20 in writing to the Committees on Appropriations of the 

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

22 national security interest to do so. 

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

24 10, United States Code, a Reserve who is a member of 

25 the National Guard serving on full-time National Guard 


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

2 may perform duties in support of the ground-based ele3 ments of the National Ballistic Missile Defense System. 

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

5 may be used to transfer to any nongovernmental entity 

6 ammunition held by the Department of Defense that has 

7 a center-fire cartridge and a United States military no8 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

11 entity performing demilitarization services for the Depart12 ment of Defense under a contract that requires the entity 

13 to demonstrate to the satisfaction of the Department of 

14 Defense that armor piercing projectiles are either: (1) ren15 dered incapable of reuse by the demilitarization process; 

16 or (2) used to manufacture ammunition pursuant to a con17 tract with the Department of Defense or the manufacture 

18 of ammunition for export pursuant to a License for Per19 manent Export of Unclassified Military Articles issued by 

20 the Department of State. 

21 SEC. 8066. Notwithstanding any other provision of 

22 law, the Chief of the National Guard Bureau, or his des23 ignee, may waive payment of all or part of the consider24 ation that otherwise would be required under section 2667 

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


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

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

3 United States Code, or any other youth, social, or fra4 ternal nonprofit organization as may be approved by the 

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

6 a case-by-case basis. 

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

8 Act shall be used for the support of any nonappropriated 

9 funds activity of the Department of Defense that procures 

10 malt beverages and wine with nonappropriated funds for 

11 resale (including such alcoholic beverages sold by the 

12 drink) on a military installation located in the United 

13 States unless such malt beverages and wine are procured 

14 within that State, or in the case of the District of Colum15 bia, within the District of Columbia, in which the military 

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

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

18 purchases may be made in any State in which the installa19 tion is located: Provided further, That such local procure20 ment requirements for malt beverages and wine shall 

21 apply to all alcoholic beverages only for military installa22 tions in States which are not contiguous with another 

23 State: Provided further, That alcoholic beverages other 

24 than wine and malt beverages, in contiguous States and 


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1 the District of Columbia shall be procured from the most 

2 competitive source, price and other factors considered. 

3 SEC. 8068. Funds available to the Department of De4 fense for the Global Positioning System during the current 

5 fiscal year, and hereafter, may be used to fund civil re6 quirements associated with the satellite and ground con7 trol segments of such system’s modernization program. 

8 (INCLUDING TRANSFER OF FUNDS)

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

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

11 $147,258,300 shall remain available until expended: Pro12 vided, That notwithstanding any other provision of law, 

13 the Secretary of Defense is authorized to transfer such 

14 funds to other activities of the Federal Government: Pro15 vided further, That the Secretary of Defense is authorized 

16 to enter into and carry out contracts for the acquisition 

17 of real property, construction, personal services, and oper18 ations related to projects carrying out the purposes of this 

19 section: Provided further, That contracts entered into 

20 under the authority of this section may provide for such 

21 indemnification as the Secretary determines to be nec22 essary: Provided further, That projects authorized by this 

23 section shall comply with applicable Federal, State, and 

24 local law to the maximum extent consistent with the na25 tional security, as determined by the Secretary of Defense. 


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1 SEC. 8070. Section 8106 of the Department of De2 fense Appropriations Act, 1997 (titles I through VIII of 

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

4 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con5 tinue in effect to apply to disbursements that are made 

6 by the Department of Defense in fiscal year 2011. 

7 SEC. 8071. In addition to amounts provided else8 where in this Act, $4,000,000 is hereby appropriated to 

9 the Department of Defense, to remain available for obliga10 tion until expended: Provided, That notwithstanding any 

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

12 Secretary of Defense that it shall serve the national inter13 est, these funds shall be available only for a grant to the 

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

15 and furnishing of additional Fisher Houses to meet the 

16 needs of military family members when confronted with 

17 the illness or hospitalization of an eligible military bene18 ficiary. 

19 (INCLUDING TRANSFER OF FUNDS)

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

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

22 ‘‘Research, Development, Test and Evaluation, Defense23 Wide’’, $415,115,000 shall be for the Israeli Cooperative 

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

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1 ernment of Israel for the procurement of the Iron Dome 

2 defense system to counter short-range rocket threats, 

3 $84,722,000 shall be for the Short Range Ballistic Missile 

4 Defense (SRBMD) program, including cruise missile de5 fense research and development under the SRBMD pro6 gram, $58,966,000 shall be available for an upper-tier 

7 component to the Israeli Missile Defense Architecture, and 

8 $66,427,000 shall be for the Arrow System Improvement 

9 Program including development of a long range, ground 

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

11 be for producing Arrow missile components in the United 

12 States and Arrow missile components in Israel to meet 

13 Israel’s defense requirements, consistent with each na14 tion’s laws, regulations and procedures: Provided further, 

15 That funds made available under this provision for pro16 duction of missiles and missile components may be trans17 ferred to appropriations available for the procurement of 

18 weapons and equipment, to be merged with and to be 

19 available for the same time period and the same purposes 

20 as the appropriation to which transferred: Provided fur21 ther, That the transfer authority provided under this pro22 vision is in addition to any other transfer authority con23 tained in this Act. 

24 SEC. 8073. None of the funds available to the De25 partment of Defense may be obligated to modify command 


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1 and control relationships to give Fleet Forces Command 

2 administrative and operational control of U.S. Navy forces 

3 assigned to the Pacific fleet: Provided, That the command 

4 and control relationships which existed on October 1, 

5 2004, shall remain in force unless changes are specifically 

6 authorized in a subsequent Act. 

7 SEC. 8074. Notwithstanding any other provision of 

8 law or regulation, the Secretary of Defense may exercise 

9 the provisions of section 7403(g) of title 38, United States 

10 Code, for occupations listed in section 7403(a)(2) of title 

11 38, United States Code, as well as the following: 

12 Pharmacists, Audiologists, Psychologists, Social 

13 Workers, Othotists/Prosthetists, Occupational 

14 Therapists, Physical Therapists, Rehabilitation 

15 Therapists, Respiratory Therapists, Speech Patholo16 gists, Dietitian/Nutritionists, Industrial Hygienists, 

17 Psychology Technicians, Social Service Assistants, 

18 Practical Nurses, Nursing Assistants, and Dental 

19 Hygienists: 

20 (A) The requirements of section 

21 7403(g)(1)(A) of title 38, United States Code, 

22 shall apply. 

23 (B) The limitations of section 

24 7403(g)(1)(B) of title 38, United States Code, 

25 shall not apply. 


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1 SEC. 8075. Funds appropriated by this Act, or made 

2 available by the transfer of funds in this Act, for intel3 ligence activities are deemed to be specifically authorized 

4 by the Congress for purposes of section 504 of the Na5 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

6 year 2011 until the enactment of the Intelligence Author7 ization Act for Fiscal Year 2011. 

8 SEC. 8076. None of the funds provided in this Act 

9 shall be available for obligation or expenditure through a 

10 reprogramming of funds that creates or initiates a new 

11 program, project, or activity unless such program, project, 

12 or activity must be undertaken immediately in the interest 

13 of national security and only after written prior notifica14 tion to the congressional defense committees. 

15 SEC. 8077. The budget of the President for fiscal 

16 year 2012 submitted to the Congress pursuant to section 

17 1105 of title 31, United States Code, shall include sepa18 rate budget justification documents for costs of United 

19 States Armed Forces’ participation in contingency oper20 ations for the Military Personnel accounts, the Operation 

21 and Maintenance accounts, and the Procurement ac22 counts: Provided, That these documents shall include a de23 scription of the funding requested for each contingency op24 eration, for each military service, to include all Active and 

25 Reserve components, and for each appropriations account: 


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1 Provided further, That these documents shall include esti2 mated costs for each element of expense or object class, 

3 a reconciliation of increases and decreases for each contin4 gency operation, and programmatic data including, but 

5 not limited to, troop strength for each Active and Reserve 

6 component, and estimates of the major weapons systems 

7 deployed in support of each contingency: Provided further, 

8 That these documents shall include budget exhibits OP– 

9 5 and OP–32 (as defined in the Department of Defense 

10 Financial Management Regulation) for all contingency op11 erations for the budget year and the two preceding fiscal 

12 years. 

13 SEC. 8078. None of the funds in this Act may be 

14 used for research, development, test, evaluation, procure15 ment or deployment of nuclear armed interceptors of a 

16 missile defense system. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8079. In addition to the amounts appropriated 

19 or otherwise made available elsewhere in this Act, 

20 $65,200,000 is hereby appropriated to the Department of 

21 Defense: Provided, That upon the determination of the 

22 Secretary of Defense that it shall serve the national inter23 est, he shall make grants in the amounts specified as fol24 lows: $20,000,000 to the United Service Organizations; 

25 $24,000,000 to the Red Cross; $1,200,000 to the Special 


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1 Olympics; and $20,000,000 to the Youth Mentoring 

2 Grants Program: Provided further, That funds available 

3 in this section for the Youth Mentoring Grants Program 

4 may be available for transfer to the Department of Justice 

5 Youth Mentoring Grants Program. 

6 SEC. 8080. None of the funds appropriated or made 

7 available in this Act shall be used to reduce or disestablish 

8 the operation of the 53rd Weather Reconnaissance Squad9 ron of the Air Force Reserve, if such action would reduce 

10 the WC–130 Weather Reconnaissance mission below the 

11 levels funded in this Act: Provided, That the Air Force 

12 shall allow the 53rd Weather Reconnaissance Squadron to 

13 perform other missions in support of national defense re14 quirements during the non-hurricane season. 

15 SEC. 8081. None of the funds provided in this Act 

16 shall be available for integration of foreign intelligence in17 formation unless the information has been lawfully col18 lected and processed during the conduct of authorized for19 eign intelligence activities: Provided, That information 

20 pertaining to United States persons shall only be handled 

21 in accordance with protections provided in the Fourth 

22 Amendment of the United States Constitution as imple23 mented through Executive Order No. 12333. 

24 SEC. 8082. (a) At the time members of reserve com25 ponents of the Armed Forces are called or ordered to acVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 tive duty under section 12302(a) of title 10, United States 

2 Code, each member shall be notified in writing of the ex3 pected period during which the member will be mobilized. 

4 (b) The Secretary of Defense may waive the require5 ments of subsection (a) in any case in which the Secretary 

6 determines that it is necessary to do so to respond to a 

7 national security emergency or to meet dire operational 

8 requirements of the Armed Forces. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8083. The Secretary of Defense may transfer 

11 funds from any available Department of the Navy appro12 priation to any available Navy ship construction appro13 priation for the purpose of liquidating necessary changes 

14 resulting from inflation, market fluctuations, or rate ad15 justments for any ship construction program appropriated 

16 in law: Provided, That the Secretary may transfer not to 

17 exceed $100,000,000 under the authority provided by this 

18 section: Provided further, That the Secretary may not 

19 transfer any funds until 30 days after the proposed trans20 fer has been reported to the Committees on Appropria21 tions of the House of Representatives and the Senate, un22 less a response from the Committees is received sooner: 

23 Provided further, That any funds transferred pursuant to 

24 this section shall retain the same period of availability as 

25 when originally appropriated: Provided further, That the 


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1 transfer authority provided by this section is in addition 

2 to any other transfer authority contained elsewhere in this 

3 Act. 

4 SEC. 8084. For purposes of section 7108 of title 41, 

5 United States Code, any subdivision of appropriations 

6 made under the heading ‘‘Shipbuilding and Conversion, 

7 Navy’’ that is not closed at the time reimbursement is 

8 made shall be available to reimburse the Judgment Fund 

9 and shall be considered for the same purposes as any sub10 division under the heading ‘‘Shipbuilding and Conversion, 

11 Navy’’ appropriations in the current fiscal year or any 

12 prior fiscal year. 

13 SEC. 8085. (a) None of the funds appropriated by 

14 this Act may be used to transfer research and develop15 ment, acquisition, or other program authority relating to 

16 current tactical unmanned aerial vehicles (TUAVs) from 

17 the Army. 

18 (b) The Army shall retain responsibility for and oper19 ational control of the MQ–1C Sky Warrior Unmanned 

20 Aerial Vehicle (UAV) in order to support the Secretary 

21 of Defense in matters relating to the employment of un22 manned aerial vehicles. 

23 SEC. 8086. Notwithstanding any other provision of 

24 law or regulation, during the current fiscal year and here25 after, the Secretary of Defense may adjust wage rates for 


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1 civilian employees hired for certain health care occupa2 tions as authorized for the Secretary of Veterans Affairs 

3 by section 7455 of title 38, United States Code. 

4 SEC. 8087. Up to $15,000,000 of the funds appro5 priated under the heading ‘‘Operation and Maintenance, 

6 Navy’’ may be made available for the Asia Pacific Re7 gional Initiative Program for the purpose of enabling the 

8 Pacific Command to execute Theater Security Cooperation 

9 activities such as humanitarian assistance, and payment 

10 of incremental and personnel costs of training and exer11 cising with foreign security forces: Provided, That funds 

12 made available for this purpose may be used, notwith13 standing any other funding authorities for humanitarian 

14 assistance, security assistance or combined exercise ex15 penses: Provided further, That funds may not be obligated 

16 to provide assistance to any foreign country that is other17 wise prohibited from receiving such type of assistance 

18 under any other provision of law. 

19 SEC. 8088. None of the funds appropriated by this 

20 Act for programs of the Office of the Director of National 

21 Intelligence shall remain available for obligation beyond 

22 the current fiscal year, except for funds appropriated for 

23 research and technology, which shall remain available until 

24 September 30, 2012. 


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1 SEC. 8089. For purposes of section 1553(b) of title 

2 31, United States Code, any subdivision of appropriations 

3 made in this Act under the heading ‘‘Shipbuilding and 

4 Conversion, Navy’’ shall be considered to be for the same 

5 purpose as any subdivision under the heading ‘‘Ship6 building and Conversion, Navy’’ appropriations in any 

7 prior fiscal year, and the 1 percent limitation shall apply 

8 to the total amount of the appropriation. 

9 SEC. 8090. Notwithstanding any other provision of 

10 law, not more than 35 percent of funds provided in this 

11 Act for environmental remediation may be obligated under 

12 indefinite delivery/indefinite quantity contracts with a 

13 total contract value of $130,000,000 or higher. 

14 SEC. 8091. The Director of National Intelligence 

15 shall include the budget exhibits identified in paragraphs 

16 (1) and (2) as described in the Department of Defense 

17 Financial Management Regulation with the congressional 

18 budget justification books: 

19 (1) For procurement programs requesting more 

20 than $20,000,000 in any fiscal year, the P–1, Pro21 curement Program; P–5, Cost Analysis; P–5a, Pro22 curement History and Planning; P–21, Production 

23 Schedule; and P–40, Budget Item Justification. 

24 (2) For research, development, test and evalua25 tion projects requesting more than $10,000,000 in 


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1 any fiscal year, the R–1, RDT&E Program; R–2, 

2 RDT&E Budget Item Justification; R–3, RDT&E 

3 Project Cost Analysis; and R–4, RDT&E Program 

4 Schedule Profile. 

5 SEC. 8092. The Secretary of Defense shall create a 

6 major force program category for space for each future7 years defense program of the Department of Defense sub8 mitted to Congress under section 221 of title 10, United 

9 States Code, during fiscal year 2011. The Secretary of De10 fense shall designate an official in the Office of the Sec11 retary of Defense to provide overall supervision of the 

12 preparation and justification of program recommendations 

13 and budget proposals to be included in such major force 

14 program category. 

15 SEC. 8093. (a) Not later than 60 days after enact16 ment of this Act, the Office of the Director of National 

17 Intelligence shall submit a report to the congressional in18 telligence committees to establish the baseline for applica19 tion of reprogramming and transfer authorities for fiscal 

20 year 2011: Provided, That the report shall include— 

21 (1) a table for each appropriation with a sepa22 rate column to display the President’s budget re23 quest, adjustments made by Congress, adjustments 

24 due to enacted rescissions, if appropriate, and the 

25 fiscal year enacted level; 


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1 (2) a delineation in the table for each appro2 priation by Expenditure Center and project; and 

3 (3) an identification of items of special congres4 sional interest. 

5 (b) None of the funds provided for the National Intel6 ligence Program in this Act shall be available for re7 programming or transfer until the report identified in sub8 section (a) is submitted to the congressional intelligence 

9 committees, unless the Director of National Intelligence 

10 certifies in writing to the congressional intelligence com11 mittees that such reprogramming or transfer is necessary 

12 as an emergency requirement. 

13 SEC. 8094. The Director of National Intelligence 

14 shall submit to Congress each year, at or about the time 

15 that the President’s budget is submitted to Congress that 

16 year under section 1105(a) of title 31, United States 

17 Code, a future-years intelligence program (including asso18 ciated annexes) reflecting the estimated expenditures and 

19 proposed appropriations included in that budget. Any such 

20 future-years intelligence program shall cover the fiscal 

21 year with respect to which the budget is submitted and 

22 at least the four succeeding fiscal years. 

23 SEC. 8095. For the purposes of this Act, the term 

24 ‘‘congressional intelligence committees’’ means the Perma25 nent Select Committee on Intelligence of the House of 


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1 Representatives, the Select Committee on Intelligence of 

2 the Senate, the Subcommittee on Defense of the Com3 mittee on Appropriations of the House of Representatives, 

4 and the Subcommittee on Defense of the Committee on 

5 Appropriations of the Senate. 

6 SEC. 8096. The Department of Defense shall con7 tinue to report incremental contingency operations costs 

8 for Operation New Dawn and Operation Enduring Free9 dom on a monthly basis in the Cost of War Execution 

10 Report as prescribed in the Department of Defense Finan11 cial Management Regulation Department of Defense In12 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

13 Operations’’, Annex 1, dated September 2005. 

14 SEC. 8097. The amounts appropriated in title II of 

15 this Act are hereby reduced by $483,000,000 to reflect 

16 excess cash balances in Department of Defense Working 

17 Capital Funds, as follows: From ‘‘Operation and Mainte18 nance, Army’’, $483,000,000. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8098. During the current fiscal year, not to ex21 ceed $11,000,000 from each of the appropriations made 

22 in title II of this Act for ‘‘Operation and Maintenance, 

23 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper24 ation and Maintenance, Air Force’’ may be transferred by 

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1 tablished for Fisher Houses and Suites pursuant to sec2 tion 2493(d) of title 10, United States Code. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8099. Of the funds appropriated in the Intel5 ligence Community Management Account for the Program 

6 Manager for the Information Sharing Environment, 

7 $24,000,000 is available for transfer by the Director of 

8 National Intelligence to other departments and agencies 

9 for purposes of Government-wide information sharing ac10 tivities: Provided, That funds transferred under this provi11 sion are to be merged with and available for the same pur12 poses and time period as the appropriation to which trans13 ferred: Provided further, That the Office of Management 

14 and Budget must approve any transfers made under this 

15 provision. 

16 SEC. 8100. Funds appropriated by this Act for oper17 ation and maintenance may be available for the purpose 

18 of making remittances to the Defense Acquisition Work19 force Development Fund in accordance with the require20 ments of section 1705 of title 10, United States Code. 

21 SEC. 8101. (a) Any agency receiving funds made 

22 available in this Act, shall, subject to subsections (b) and 

23 (c), post on the public website of that agency any report 

24 required to be submitted by the Congress in this or any 


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1 other Act, upon the determination by the head of the agen2 cy that it shall serve the national interest. 

3 (b) Subsection (a) shall not apply to a report if— 

4 (1) the public posting of the report com5 promises national security; or 

6 (2) the report contains proprietary information. 

7 (c) The head of the agency posting such report shall 

8 do so only after such report has been made available to 

9 the requesting Committee or Committees of Congress for 

10 no less than 45 days. 

11 SEC. 8102. (a) None of the funds appropriated or 

12 otherwise made available by this Act may be expended for 

13 any Federal contract for an amount in excess of 

14 $1,000,000 unless the contractor agrees not to— 

15 (1) enter into any agreement with any of its 

16 employees or independent contractors that requires, 

17 as a condition of employment, that the employee or 

18 independent contractor agree to resolve through ar19 bitration any claim under title VII of the Civil 

20 Rights Act of 1964 or any tort related to or arising 

21 out of sexual assault or harassment, including as22 sault and battery, intentional infliction of emotional 

23 distress, false imprisonment, or negligent hiring, su24 pervision, or retention; or 


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1 (2) take any action to enforce any provision of 

2 an existing agreement with an employee or inde3 pendent contractor that mandates that the employee 

4 or independent contractor resolve through arbitra5 tion any claim under title VII of the Civil Rights Act 

6 of 1964 or any tort related to or arising out of sex7 ual assault or harassment, including assault and 

8 battery, intentional infliction of emotional distress, 

9 false imprisonment, or negligent hiring, supervision, 

10 or retention. 

11 (b) None of the funds appropriated or otherwise 

12 made available by this Act may be expended for any Fed13 eral contract unless the contractor certifies that it requires 

14 each covered subcontractor to agree not to enter into, and 

15 not to take any action to enforce any provision of, any 

16 agreement as described in paragraphs (1) and (2) of sub17 section (a), with respect to any employee or independent 

18 contractor performing work related to such subcontract. 

19 For purposes of this subsection, a ‘‘covered subcon20 tractor’’ is an entity that has a subcontract in excess of 

21 $1,000,000 on a contract subject to subsection (a). 

22 (c) The prohibitions in this section do not apply with 

23 respect to a contractor’s or subcontractor’s agreements 

24 with employees or independent contractors that may not 

25 be enforced in a court of the United States. 


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1 (d) The Secretary of Defense may waive the applica2 tion of subsection (a) or (b) to a particular contractor or 

3 subcontractor for the purposes of a particular contract or 

4 subcontract if the Secretary or the Deputy Secretary per5 sonally determines that the waiver is necessary to avoid 

6 harm to national security interests of the United States, 

7 and that the term of the contract or subcontract is not 

8 longer than necessary to avoid such harm. The determina9 tion shall set forth with specificity the grounds for the 

10 waiver and for the contract or subcontract term selected, 

11 and shall state any alternatives considered in lieu of a 

12 waiver and the reasons each such alternative would not 

13 avoid harm to national security interests of the United 

14 States. The Secretary of Defense shall transmit to Con15 gress, and simultaneously make public, any determination 

16 under this subsection not less than 15 business days be17 fore the contract or subcontract addressed in the deter18 mination may be awarded. 

19 (e) By March 1, 2011, or within 60 days after enact20 ment of this Act, whichever is later, the Government Ac21 countability Office shall submit a report to the Congress 

22 evaluating the effect that the requirements of this section 

23 have had on national security, including recommendations, 

24 if any, for changes to these requirements. 


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1 SEC. 8103. (a) PROHIBITION ON CONVERSION OF

2 FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO

3 CONTRACTOR PERFORMANCE.—None of the funds appro4 priated by this Act or otherwise available to the Depart5 ment of Defense may be used to begin or announce the 

6 competition to award to a contractor or convert to per7 formance by a contractor any functions performed by Fed8 eral employees pursuant to a study conducted under Office 

9 of Management and Budget (OMB) Circular A–76. 

10 (b) EXCEPTION.—The prohibition in subsection (a) 

11 shall not apply to the award of a function to a contractor 

12 or the conversion of a function to performance by a con13 tractor pursuant to a study conducted under Office of 

14 Management and Budget (OMB) Circular A–76 once all 

15 reporting and certifications required by section 325 of the 

16 National Defense Authorization Act for Fiscal Year 2010 

17 (Public Law 111–84) have been satisfactorily completed. 

18 SEC. 8104. (a)(1) No National Intelligence Program 

19 funds appropriated in this Act may be used for a mission 

20 critical or mission essential business management infor21 mation technology system that is not registered with the 

22 Director of National Intelligence. A system shall be con23 sidered to be registered with that officer upon the fur24 nishing notice of the system, together with such informaVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 tion concerning the system as the Director of the Business 

2 Transformation Office may prescribe. 

3 (2) During the current fiscal year no funds may be 

4 obligated or expended for a financial management auto5 mated information system, a mixed information system 

6 supporting financial and non-financial systems, or a busi7 ness system improvement of more than $3,000,000, within 

8 the Intelligence Community without the approval of the 

9 Business Transformation Office, and the designated Intel10 ligence Community functional lead element. 

11 (b) The Director of the Business Transformation Of12 fice shall provide the congressional intelligence committees 

13 a semi-annual report of approvals under paragraph (1) no 

14 later than March 30 and September 30 of each year. The 

15 report shall include the results of the Business Trans16 formation Investment Review Board’s semi-annual activi17 ties, and each report shall certify that the following steps 

18 have been taken for systems approved under paragraph 

19 (1): 

20 (1) Business process reengineering. 

21 (2) An analysis of alternatives and an economic 

22 analysis that includes a calculation of the return on 

23 investment. 

24 (3) Assurance the system is compatible with the 

25 enterprise-wide business architecture. 


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1 (4) Performance measures. 

2 (5) An information assurance strategy con3 sistent with the Chief Information Officer of the In4 telligence Community. 

5 (c) This section shall not apply to any programmatic 

6 or analytic systems or programmatic or analytic system 

7 improvements. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8105. Of the funds appropriated in this Act for 

10 the Office of the Director of National Intelligence, 

11 $50,000,000, may be transferred to appropriations avail12 able to the Central Intelligence Agency, the National Secu13 rity Agency, and the National Geospatial Intelligence 

14 Agency, the Defense Intelligence Agency and the National 

15 Reconnaissance Office for the Business Transformation 

16 Transfer Funds, to be merged with and to be available 

17 for the same time period and the same purposes as the 

18 appropriation to which transferred: Provided, That the 

19 transfer authority provided under this provision is in addi20 tion to any other transfer authority contained in this Act. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8106. In addition to funds made available else23 where in this Act, there is hereby appropriated 

24 $538,875,000, to remain available until transferred: Pro25 vided, That these funds are appropriated to the ‘‘Tanker 


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1 Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ 

2 elsewhere in this section): Provided further, That the Sec3 retary of the Air Force may transfer amounts in the Fund 

4 to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft 

5 Procurement, Air Force’’, and ‘‘Research, Development, 

6 Test and Evaluation, Air Force’’, only for the purposes 

7 of proceeding with a tanker acquisition program: Provided 

8 further, That funds transferred shall be merged with and 

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

10 period as the appropriations or fund to which transferred: 

11 Provided further, That this transfer authority is in addi12 tion to any other transfer authority available to the De13 partment of Defense: Provided further, That the Secretary 

14 of the Air Force shall, not fewer than 15 days prior to 

15 making transfers using funds provided in this section, no16 tify the congressional defense committees in writing of the 

17 details of any such transfer: Provided further, That the 

18 Secretary shall submit a report no later than 30 days after 

19 the end of each fiscal quarter to the congressional defense 

20 committees summarizing the details of the transfer of 

21 funds from this appropriation. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8107. From within the funds appropriated for 

24 operation and maintenance for the Defense Health Pro25 gram in this Act, up to $132,200,000, shall be available 


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1 for transfer to the Joint Department of Defense-Depart2 ment of Veterans Affairs Medical Facility Demonstration 

3 Fund in accordance with the provisions of section 1704 

4 of the National Defense Authorization Act for Fiscal Year 

5 2010, Public Law 111–84: Provided, That for purposes 

6 of section 1704(b), the facility operations funded are oper7 ations of the integrated Captain James A. Lovell Federal 

8 Health Care Center, consisting of the North Chicago Vet9 erans Affairs Medical Center, the Navy Ambulatory Care 

10 Center, and supporting facilities designated as a combined 

11 Federal medical facility as described by section 706 of 

12 Public Law 110–417: Provided further, That additional 

13 funds may be transferred from funds appropriated for op14 eration and maintenance for the Defense Health Program 

15 to the Joint Department of Defense-Department of Vet16 erans Affairs Medical Facility Demonstration Fund upon 

17 written notification by the Secretary of Defense to the 

18 Committees on Appropriations of the House of Represent19 atives and the Senate. 

20 SEC. 8108. (a) Of the amounts made available in this 

21 Act under the heading ‘‘Operation and Maintenance, 

22 Navy’’, not less than $2,000,000, shall be made available 

23 for leveraging the Army’s Contractor Manpower Reporting 

24 Application, modified as appropriate for Service-specific 

25 requirements, for documenting the number of full-time 


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1 contractor employees (or its equivalent) pursuant to 

2 United States Code title 10, section 2330a(c) and meeting 

3 the requirements of United States Code title 10, section 

4 2330a(e) and United States Code title 10, section 235. 

5 (b) Of the amounts made available in this Act under 

6 the heading ‘‘Operation and Maintenance, Air Force’’, not 

7 less than $2,000,000 shall be made available for 

8 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 (c) The Secretaries of the Army, Navy, Air Force, 

16 and the Directors of the Defense Agencies and Field Ac17 tivities (in coordination with the appropriate Principal 

18 Staff Assistant), in coordination with the Under Secretary 

19 of Defense for Personnel and Readiness, shall report to 

20 the congressional defense committees within 60 days of 

21 enactment of this Act their plan for documenting the num22 ber of full-time contractor employees (or its equivalent), 

23 as required by United States Code title 10, section 2330a. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8109. In addition to amounts provided else3 where in this Act, there is appropriated $250,000,000, for 

4 an additional amount for ‘‘Operation and Maintenance, 

5 Defense-Wide’’, to be available until expended: Provided, 

6 That such funds shall only be available to the Secretary 

7 of Defense, acting through the Office of Economic Adjust8 ment of the Department of Defense, or for transfer to the 

9 Secretary of Education, notwithstanding any other provi10 sion of law, to make grants, conclude cooperative agree11 ments, or supplement other Federal funds to construct, 

12 renovate, repair, or expand elementary and secondary pub13 lic schools on military installations in order to address ca14 pacity or facility condition deficiencies at such schools: 

15 Provided further, That in making such funds available, the 

16 Office of Economic Adjustment or the Secretary of Edu17 cation shall give priority consideration to those military 

18 installations with schools having the most serious capacity 

19 or facility condition deficiencies as determined by the Sec20 retary of Defense. 

21 SEC. 8110. In addition to amounts provided else22 where in this Act, there is appropriated $300,000,000, for 

23 an additional amount for ‘‘Operation and Maintenance, 

24 Defense-Wide’’, to remain available until expended. Such 

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1 ment, notwithstanding any other provision of law, for 

2 transportation infrastructure improvements associated 

3 with medical facilities related to recommendations of the 

4 Defense Base Closure and Realignment Commission. 

5 SEC. 8111. Section 310(b) of the Supplemental Ap6 propriations Act, 2009 (Public Law 111–32; 124 Stat. 

7 1871) is amended by striking ‘‘1 year’’ both places it ap8 pears and inserting ‘‘2 years’’. 

9 SEC. 8112. The Office of the Director of National 

10 Intelligence shall not employ more Senior Executive em11 ployees than are specified in the classified annex: Pro12 vided, That not later than 90 days after enactment of this 

13 Act, the Director of National Intelligence shall certify that 

14 the Office of the Director of National Intelligence selects 

15 individuals for Senior Executive positions in a manner 

16 consistent with statutes, regulations, and the requirements 

17 of other Federal agencies in making such appointments 

18 and will submit its policies and procedures related to the 

19 appointment of personnel to Senior Executive positions to 

20 the congressional intelligence oversight committees. 

21 SEC. 8113. For all major defense acquisition pro22 grams for which the Department of Defense plans to pro23 ceed to source selection during the current fiscal year, the 

24 Secretary of Defense shall perform an assessment of the 

25 winning bidder to determine whether or not the proposed 


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1 costs are realistic and reasonable with respect to proposed 

2 development and production costs. The Secretary of De3 fense shall provide a report of these assessments, to spe4 cifically include whether any cost assessments determined 

5 that such proposed costs were unreasonable or unrealistic, 

6 to the congressional defense committees not later than 60 

7 days after enactment of this Act and on a quarterly basis 

8 thereafter. 

9 SEC. 8114. (a) The Deputy Under Secretary of De10 fense for Installations and Environment, in collaboration 

11 with the Secretary of Energy, shall conduct energy secu12 rity pilot projects at facilities of the Department of De13 fense. 

14 (b) In addition to the amounts provided elsewhere in 

15 this Act, $20,000,000, is appropriated to the Department 

16 of Defense for ‘‘Operation and Maintenance, Defense17 Wide’’ for energy security pilot projects under subsection 

18 (a). 

19 SEC. 8115. None of the funds appropriated or other20 wise made available by this Act may be obligated or ex21 pended to pay a retired general or flag officer to serve 

22 as a senior mentor advising the Department of Defense 

23 unless such retired officer files a Standard Form 278 (or 

24 successor form concerning public financial disclosure 


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1 under part 2634 of title 5, Code of Federal Regulations) 

2 to the Office of Government Ethics. 

3 SEC. 8116. Not later than 180 days after the date 

4 of the enactment of this Act, the Secretary of Defense, 

5 the Chief of the Air Force Reserve, and the Director of 

6 the National Guard Bureau, in collaboration with the Sec7 retary of Agriculture and the Secretary of the Interior, 

8 shall submit to the Committees on Appropriations of the 

9 House and Senate, the House Committee on Agriculture, 

10 the Senate Committee on Agriculture, Nutrition and For11 estry, the House Committee on Natural Resources, and 

12 the Senate Committee on Energy and Natural Resources 

13 a report of firefighting aviation assets. The report re14 quired under this section shall include each of the fol15 lowing: 

16 (1) A description of the programming details 

17 necessary to obtain an appropriate mix of fixed wing 

18 and rotor wing firefighting assets needed to produce 

19 an effective aviation resource base to support the 

20 wildland fire management program into the future. 

21 Such programming details shall include the acquisi22 tion and contracting needs of the mix of aviation re23 sources fleet, including the acquisition of up to 24 

24 C–130Js equipped with the Mobile Airborne Fire 

25 Fighting System II (in this section referred to as 


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1 ‘‘MAFFS’’), to be acquired over several fiscal years 

2 starting in fiscal year 2012. 

3 (2) The costs associated with acquisition and 

4 contracting of the aviation assets described in para5 graph (1). 

6 (3) A description of the costs of the operation, 

7 maintenance, and sustainment of a fixed and rotor 

8 wing aviation fleet, including a C–130J/MAFFS II 

9 in an Air National Guard tactical airlift unit con10 struct of 4, 6, or 8 C–130Js per unit starting in fis11 cal year 2012, projected out through fiscal year 

12 2020. Such description shall include the projected 

13 costs associated with each of the following through 

14 fiscal year 2020: 

15 (A) Crew ratio based on 4, 6, or 8 C–130J 

16 Air National Guard unit construct and require17 ment for full-time equivalent crews. 

18 (B) Associated maintenance and other sup19 port personnel and requirement for full-time 

20 equivalent positions. 

21 (C) Yearly flying hour model and the cost 

22 for use of a fixed and rotor wing aviation fleet, 

23 including C–130J in its MAFFS capacity sup24 porting the United States Forest Service. 


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1 (D) Yearly flying hour model and cost for 

2 use of a C–130J in its capacity supporting Air 

3 National Guard tactical airlift training. 

4 (E) Any other costs required to conduct 

5 both the airlift and firefighting missions, in6 cluding the Air National Guard unit construct 

7 for C–130Js. 

8 (4) Proposed program management, utilization, 

9 and cost share arrangements for the aircraft de10 scribed in paragraph (1) for primary support of the 

11 Forest Service and secondary support, on an as 

12 available basis, for the Department of Defense, to13 gether with any proposed statutory language needed 

14 to authorize and effectuate the same. 

15 (5) An integrated plan for the Forest Service 

16 and the Department of the Interior wildland fire 

17 management programs to operate the fire fighting 

18 air tanker assets referred to in this section. 

19 SEC. 8117. Notwithstanding any other provision of 

20 this Act, to reflect savings from revised economic assump21 tions, the total amount appropriated in title II of this Act 

22 is hereby reduced by $244,000,000, the total amount ap23 propriated in title III of this Act is hereby reduced by 

24 $258,000,000, and the total amount appropriated in title 

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1 vided, That the Secretary of Defense shall allocate this 

2 reduction proportionally to each budget activity, activity 

3 group, subactivity group, and each program, project, and 

4 activity, within each appropriation account. 

5 SEC. 8118. The total amount available in this Act 

6 for pay for civilian personnel of the Department of De7 fense for fiscal year 2011 shall be the amount otherwise 

8 appropriated or made available by this Act for such pay 

9 reduced by $723,000,000. 

10 SEC. 8119. None of the funds appropriated or other11 wise made available to the Department of Defense may 

12 be used for the disestablishment, closure, or realignment 

13 of the Joint Forces Command unless within 120 days of 

14 the enactment of this Act— 

15 (1) the Secretary of Defense notifies the con16 gressional defense committees of the proposed dis17 establishment, closure, or realignment of the Joint 

18 Forces Command; and 

19 (2) the Secretary submits to the congressional 

20 defense committees a plan for the disestablishment, 

21 closure, or realignment of the Joint Forces Com22 mand, which plan shall contain at a minimum— 

23 (A) an explanation of the projected savings 

24 of the proposed disestablishment, closure, or re25 alignment; 


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1 (B) a cost-benefit analysis of the proposed 

2 disestablishment, closure, or realignment; 

3 (C) the budgetary impact of the proposed 

4 disestablishment, closure, or realignment; 

5 (D) the strategic and operational con6 sequences of the proposed disestablishment, clo7 sure, or realignment; and 

8 (E) an appropriate local economic assess9 ment of the proposed disestablishment, closure, 

10 or realignment, which shall include at a min11 imum— 

12 (i) a list of Federal, State, and local 

13 government departments and agencies that 

14 are required by statute or regulation to 

15 provide assistance and outreach for the 

16 community affected by the proposed dis17 establishment, closure, or realignment; and 

18 (ii) a list of the contractors and busi19 nesses affected by the proposed disestab20 lishment, closure, or realignment. 

21 SEC. 8120. The explanatory statement regarding this 

22 Act, printed in the House of Representatives section of 

23 the Congressional Record on or about April 6, 2011, by 

24 the Chairman of the Committee on Appropriations of the 

25 House of Representatives, shall have the same effect with 


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1 respect to the allocation of funds and implementation of 

2 this Act as if it were a Report of the Committee on Appro3 priations. 

4 SEC. 8121. None of the funds appropriated or other5 wise made available by this Act or any other appropria6 tions Act may be used to transfer, release, or assist in 

7 the transfer or release to or within the United States, its 

8 territories, or possessions Khalid Sheikh Mohammed or 

9 any other detainee who— 

10 (1) is not a United States citizen or a member 

11 of the Armed Forces of the United States; and 

12 (2) is or was held on or after June 24, 2009, 

13 at the United States Naval Station, Guantanamo 

14 Bay, Cuba, by the Department of Defense. 

15 SEC. 8122. (a)(1) Except as provided in paragraph 

16 (2), none of the funds appropriated or otherwise made 

17 available by this Act or any other appropriations Act may 

18 be used to transfer any individual detained at Guanta19 namo to the custody or effective control of the individual’s 

20 country of origin, any other foreign country, or any other 

21 foreign entity unless the Secretary of Defense submits to 

22 Congress the certification described in subsection (b) by 

23 not later than 30 days before the transfer of the indi24 vidual. 


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1 (2) Paragraph (1) shall not apply to any action taken 

2 by the Secretary of Defense to transfer any individual de3 tained at Guantanamo to effectuate an order affecting the 

4 disposition of the individual that is issued by a court or 

5 competent tribunal of the United States having lawful ju6 risdiction. The Secretary of Defense shall notify Congress 

7 promptly upon issuance of any such order. 

8 (b) The certification described in this subsection is 

9 a written certification made by the Secretary of Defense, 

10 with the concurrence of the Secretary of State, that the 

11 government of the foreign country or the recognized lead12 ership of the foreign entity to which the individual de13 tained at Guantanamo is to be transferred— 

14 (1) is not a designated state sponsor of ter15 rorism or a designated foreign terrorist organization; 

16 (2) maintains effective control over each deten17 tion facility in which an individual is to be detained 

18 if the individual is to be housed in a detention facil19 ity; 

20 (3) is not, as of the date of the certification, 

21 facing a threat that is likely to substantially affect 

22 its ability to exercise control over the individual; 

23 (4) has agreed to take effective steps to ensure 

24 that the individual cannot take action to threaten 


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1 the United States, its citizens, or its allies in the fu2 ture; 

3 (5) has taken such steps as the Secretary deter4 mines are necessary to ensure that the individual 

5 cannot engage or re-engage in any terrorist activity; 

6 and 

7 (6) has agreed to share any information with 

8 the United States that— 

9 (A) is related to the individual or any asso10 ciates of the individual; and 

11 (B) could affect the security of the United 

12 States, its citizens, or its allies. 

13 (c)(1) Except as provided in paragraph (3), none of 

14 the funds appropriated or otherwise made available by this 

15 Act or any other appropriations Act may be used to trans16 fer any individual detained at Guantanamo to the custody 

17 or effective control of the individual’s country of origin, 

18 any other foreign country, or any other foreign entity if 

19 there is a confirmed case of any individual who was de20 tained at United States Naval Station, Guantanamo Bay, 

21 Cuba, at any time after September 11, 2001, who was 

22 transferred to the foreign country or entity and subse23 quently engaged in any terrorist activity. 

24 (2) The Secretary of Defense may waive the prohibi25 tion in paragraph (1) if the Secretary determines that 


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1 such a transfer is in the national security interests of the 

2 United States and includes, as part of the certification de3 scribed in subsection (b) relating to such transfer, the de4 termination of the Secretary under this paragraph. 

5 (3) Paragraph (1) shall not apply to any action taken 

6 by the Secretary to transfer any individual detained at 

7 Guantanamo to effectuate an order affecting the disposi8 tion of the individual that is issued by a court or com9 petent tribunal of the United States having lawful jurisdic10 tion. The Secretary shall notify Congress promptly upon 

11 issuance of any such order. 

12 (d) For the purposes of this section: 

13 (1) The term ‘‘individual detained at Guanta14 namo’’ means any individual who is located at 

15 United States Naval Station, Guantanamo Bay, 

16 Cuba, as of October 1, 2009, who— 

17 (A) is not a citizen of the United States or 

18 a member of the Armed Forces of the United 

19 States; and 

20 (B) is— 

21 (I) in the custody or under the effec22 tive control of the Department of Defense; 

23 or 


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1 (ii) otherwise under detention at 

2 United States Naval Station, Guantanamo 

3 Bay, Cuba. 

4 (2) The term ‘‘foreign terrorist organization’’ 

5 means any organization so designated by the Sec6 retary of State under section 219 of the Immigra7 tion and Nationality Act (8 U.S.C. 1189). 

8 SEC. 8123. (a) None of the funds appropriated or 

9 otherwise made available by this Act or any other appro10 priations Act may be used to construct or modify any facil11 ity in the United States, its territories, or possessions to 

12 house any individual described in subsection (c)) for the 

13 purposes of detention or imprisonment in the custody or 

14 under the effective control of the Department of Defense. 

15 (b) The prohibition in subsection (a) shall not apply 

16 to any modification of facilities at United States Naval 

17 Station, Guantanamo Bay, Cuba. 

18 (c) An individual described in this subsection is any 

19 individual who, as of June 24, 2009, is located at United 

20 States Naval Station, Guantanamo Bay, Cuba, and who— 

21 (1) is not a citizen of the United States or a 

22 member of the Armed Forces of the United States; 

23 and 

24 (2) is— 


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1 (A) in the custody or under the effective 

2 control of the Department of Defense; or 

3 (B) otherwise under detention at United 

4 States Naval Station, Guantanamo Bay, Cuba. 

5 TITLE IX 

6 OVERSEAS CONTINGENCY OPERATIONS 

7 MILITARY PERSONNEL 

8 MILITARY PERSONNEL, ARMY

9 For an additional amount for ‘‘Military Personnel, 

10 Army’’, $11,468,033,000: Provided, That each amount in 

11 this paragraph is designated as being for contingency op12 erations directly related to the global war on terrorism 

13 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

14 and as an emergency requirement pursuant to section 

15 403(a) of S. Con. Res. 13 (111th Congress), the concur16 rent resolution on the budget for fiscal year 2010. 

17 MILITARY PERSONNEL, NAVY

18 For an additional amount for ‘‘Military Personnel, 

19 Navy’’, $1,308,719,000: Provided, That each amount in 

20 this paragraph is designated as being for contingency op21 erations directly related to the global war on terrorism 

22 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

23 and as an emergency requirement pursuant to section 

24 403(a) of S. Con. Res. 13 (111th Congress), the concur25 rent resolution on the budget for fiscal year 2010. 


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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

3 Marine Corps’’, $732,920,000: Provided, That each 

4 amount in this paragraph is designated as being for con5 tingency operations directly related to the global war on 

6 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

7 Congress) and as an emergency requirement pursuant to 

8 section 403(a) of S. Con. Res. 13 (111th Congress), the 

9 concurrent resolution on the budget for fiscal year 2010. 

10 MILITARY PERSONNEL, AIR FORCE

11 For an additional amount for ‘‘Military Personnel, 

12 Air Force’’, $2,060,442,000: Provided, That each amount 

13 in this paragraph is designated as being for contingency 

14 operations directly related to the global war on terrorism 

15 pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 

16 and as an emergency requirement pursuant to section 

17 403(a) of S. Con. Res. 13 (111th Congress), the concur18 rent resolution on the budget for fiscal year 2010. 

19 RESERVE PERSONNEL, ARMY

20 For an additional amount for ‘‘Reserve Personnel, 

21 Army’’, $268,031,000: 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 RESERVE PERSONNEL, NAVY

4 For an additional amount for ‘‘Reserve Personnel, 

5 Navy’’, $48,912,000: 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, MARINE CORPS

13 For an additional amount for ‘‘Reserve Personnel, 

14 Marine Corps’’, $45,437,000: Provided, That each amount 

15 in this paragraph is designated as being for contingency 

16 operations directly related to the global war on terrorism 

17 pursuant 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, AIR FORCE

22 For an additional amount for ‘‘Reserve Personnel, 

23 Air Force’’, $27,002,000: Provided, That each amount in 

24 this paragraph is designated as being for contingency op25 erations 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 NATIONAL GUARD PERSONNEL, ARMY

6 For an additional amount for ‘‘National Guard Per7 sonnel, Army’’, $853,022,000: Provided, That each 

8 amount in this paragraph is designated as being for con9 tingency operations directly related to the global war on 

10 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

11 Congress) and as an emergency requirement pursuant to 

12 section 403(a) of S. Con. Res. 13 (111th Congress), the 

13 concurrent resolution on the budget for fiscal year 2010. 

14 NATIONAL GUARD PERSONNEL, AIR FORCE

15 For an additional amount for ‘‘National Guard Per16 sonnel, Air Force’’, $16,860,000: 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. 


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1 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, ARMY

3 For an additional amount for ‘‘Operation and Main4 tenance, Army’’, $59,212,782,000: Provided, That each 

5 amount in this paragraph is designated as being for con6 tingency operations directly related to the global war on 

7 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

8 Congress) and as an emergency requirement pursuant to 

9 section 403(a) of S. Con. Res. 13 (111th Congress), the 

10 concurrent resolution on the budget for fiscal year 2010. 

11 OPERATION AND MAINTENANCE, NAVY

12 For an additional amount for ‘‘Operation and Main13 tenance, Navy’’, $8,970,724,000: Provided, That each 

14 amount in this paragraph is designated as being for con15 tingency operations directly related to the global war on 

16 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

17 Congress) and as an emergency requirement pursuant to 

18 section 403(a) of S. Con. Res. 13 (111th Congress), the 

19 concurrent resolution on the budget for fiscal year 2010. 

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 For an additional amount for ‘‘Operation and Main22 tenance, Marine Corps’’, $4,008,022,000: Provided, That 

23 each amount in this paragraph is designated as being for 

24 contingency operations directly related to the global war 

25 on terrorism pursuant to section 3(c)(2) of H. Res. 5 


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1 (112th Congress) and as an emergency requirement pur2 suant to section 403(a) of S. Con. Res. 13 (111th Con3 gress), the concurrent resolution on the budget for fiscal 

4 year 2010. 

5 OPERATION AND MAINTENANCE, AIR FORCE

6 For an additional amount for ‘‘Operation and Main7 tenance, Air Force’’, $12,989,643,000: 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 OPERATION AND MAINTENANCE, DEFENSE-WIDE

16 For an additional amount for ‘‘Operation and Main17 tenance, Defense-Wide’’, $9,276,990,000: Provided, That 

18 each amount in this section is designated as being for con19 tingency operations directly related to the global war on 

20 terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 

21 Congress) and as an emergency requirement pursuant to 

22 section 403(a) of S. Con. Res. 13 (111th Congress), the 

23 concurrent resolution on the budget for fiscal year 2010: 

24 Provided further, That of the funds provided under this 

25 heading: 


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1 (1) Not to exceed $12,500,000 for the Combat2 ant Commander Initiative Fund, to be used in sup3 port of Operation New Dawn and Operation Endur4 ing Freedom. 

5 (2) Not to exceed $1,600,000,000, to remain 

6 available until expended, for payments to reimburse 

7 key cooperating nations for logistical, military, and 

8 other support, including access provided to United 

9 States military operations in support of Operation 

10 New Dawn and Operation Enduring Freedom, not11 withstanding any other provision of law: Provided, 

12 That such reimbursement payments may be made in 

13 such amounts as the Secretary of Defense, with the 

14 concurrence of the Secretary of State, and in con15 sultation with the Director of the Office of Manage16 ment and Budget, may determine, in his discretion, 

17 based on documentation determined by the Secretary 

18 of Defense to adequately account for the support 

19 provided, and such determination is final and con20 clusive upon the accounting officers of the United 

21 States, and 15 days following notification to the ap22 propriate congressional committees: Provided further, 

23 That the requirement to provide notification shall 

24 not apply with respect to a reimbursement for access 

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1 ther, That these funds may be used for the purpose 

2 of providing specialized training and procuring sup3 plies and specialized equipment and providing such 

4 supplies and loaning such equipment on a non-reim5 bursable basis to coalition forces supporting United 

6 States military operations in Iraq and Afghanistan, 

7 and 15 days following notification to the appropriate 

8 congressional committees: Provided further, That the 

9 Secretary of Defense shall provide quarterly reports 

10 to the congressional defense committees on the use 

11 of funds provided in this paragraph. 

12 OPERATION AND MAINTENANCE, ARMY RESERVE

13 For an additional amount for ‘‘Operation and Main14 tenance, Army Reserve’’, $206,784,000: Provided, That 

15 each amount in this paragraph is designated as being for 

16 contingency operations directly related to the global war 

17 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

18 (112th Congress) and as an emergency requirement pur19 suant 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, NAVY RESERVE

23 For an additional amount for ‘‘Operation and Main24 tenance, Navy Reserve’’, $93,559,000: Provided, That 

25 each amount in this paragraph is designated as being for 


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1 contingency operations directly related to the global war 

2 on terrorism pursuant to section 3(c)(2) of H. Res. 5 

3 (112th Congress) and as an emergency requirement pur4 suant to section 403(a) of S. Con. Res. 13 (111th Con5 gress), the concurrent resolution on the budget for fiscal 

6 year 2010. 

7 OPERATION AND MAINTENANCE, MARINE CORPS

8 RESERVE

9 For an additional amount for ‘‘Operation and Main10 tenance, Marine Corps Reserve’’, $29,685,000: Provided, 

11 That each amount in this paragraph is designated as 

12 being for contingency operations directly related to the 

13 global war on terrorism pursuant to section 3(c)(2) of H. 

14 Res. 5 (112th Congress) and as an emergency requirement 

15 pursuant to section 403(a) of S. Con. Res. 13 (111th Con16 gress), the concurrent resolution on the budget for fiscal 

17 year 2010. 

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For an additional amount for ‘‘Operation and Main20 tenance, Air Force Reserve’’, $203,807,000: Provided, 

21 That each amount in this paragraph is designated as 

22 being for contingency operations directly related to the 

23 global war on terrorism pursuant to section 3(c)(2) of H. 

24 Res. 5 (112th Congress) and as an emergency requirement 

25 pursuant to section 403(a) of S. Con. Res. 13 (111th ConVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 gress), the concurrent resolution on the budget for fiscal 

2 year 2010. 

3 OPERATION AND MAINTENANCE, ARMY NATIONAL

4 GUARD

5 For an additional amount for ‘‘Operation and Main6 tenance, Army National Guard’’, $497,849,000: Provided, 

7 That each amount in this paragraph is designated as 

8 being for contingency operations directly related to the 

9 global war on terrorism pursuant to section 3(c)(2) of H. 

10 Res. 5 (112th Congress) and as an emergency requirement 

11 pursuant to section 403(a) of S. Con. Res. 13 (111th Con12 gress), the concurrent resolution on the budget for fiscal 

13 year 2010. 

14 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

15 For an additional amount for ‘‘Operation and Main16 tenance, Air National Guard’’, $417,983,000: 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 AFGHANISTAN INFRASTRUCTURE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 There is hereby established in the Treasury of the 

4 United States the ‘‘Afghanistan Infrastructure Fund’’. 

5 For the ‘‘Afghanistan Infrastructure Fund’’, 

6 $400,000,000, to remain available until September 30, 

7 2012: Provided, That such sums shall be available for in8 frastructure projects in Afghanistan, notwithstanding any 

9 other provision of law, which shall be undertaken by the 

10 Secretary of State, unless the Secretary of State and the 

11 Secretary of Defense jointly decide that a specific project 

12 will be undertaken by the Department of Defense: Pro13 vided further, That the infrastructure referred to in the 

14 preceding proviso is in support of the counterinsurgency 

15 strategy, requiring funding for facility and infrastructure 

16 projects, including, but not limited to, water, power, and 

17 transportation projects and related maintenance and 

18 sustainment costs: Provided further, That the authority to 

19 undertake such infrastructure projects is in addition to 

20 any other authority to provide assistance to foreign na21 tions: Provided further, That any projects funded by this 

22 appropriation shall be jointly formulated and concurred in 

23 by the Secretary of State and Secretary of Defense: Pro24 vided further, That funds may be transferred to the De25 partment of State for purposes of undertaking projects, 


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1 which funds shall be considered to be economic assistance 

2 under the Foreign Assistance Act of 1961 for purposes 

3 of making available the administrative authorities con4 tained in that Act: Provided further, That the transfer au5 thority in the preceding proviso is in addition to any other 

6 authority available to the Department of Defense to trans7 fer funds: Provided further, That any unexpended funds 

8 transferred to the Secretary of State under this authority 

9 shall be returned to the Afghanistan Infrastructure Fund 

10 if the Secretary of State, in coordination with the Sec11 retary of Defense, determines that the project cannot be 

12 implemented for any reason, or that the project no longer 

13 supports the counterinsurgency strategy in Afghanistan: 

14 Provided further, That any funds returned to the Sec15 retary of Defense under the previous proviso shall be avail16 able for use under this appropriation and shall be treated 

17 in the same manner as funds not transferred to the Sec18 retary of State: Provided further, That contributions of 

19 funds for the purposes provided herein to the Secretary 

20 of State in accordance with section 635(d) of the Foreign 

21 Assistance Act from any person, foreign government, or 

22 international organization may be credited to this Fund, 

23 to remain available until expended, and used for such pur24 poses: Provided further, That the Secretary of Defense 

25 shall, not fewer than 15 days prior to making transfers 


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1 to or from, or obligations from the Fund, notify the appro2 priate committees of Congress in writing of the details of 

3 any such transfer: Provided further, That the ‘‘appropriate 

4 committees of Congress’’ are the Committees on Armed 

5 Services, Foreign Relations and Appropriations of the 

6 Senate and the Committees on Armed Services, Foreign 

7 Affairs and Appropriations of the House of Representa8 tives: Provided further, That each amount in this para9 graph is designated as being for contingency operations 

10 directly related to the global war on terrorism pursuant 

11 to section 3(c)(2) of H. Res. 5 (112th Congress) and as 

12 an emergency requirement pursuant to section 403(a) of 

13 S. Con. Res. 13 (111th Congress), the concurrent resolu14 tion on the budget for fiscal year 2010. 

15 AFGHANISTAN SECURITY FORCES FUND

16 For the ‘‘Afghanistan Security Forces Fund’’, 

17 $11,619,283,000, to remain available until September 30, 

18 2012: Provided, That such funds shall be available to the 

19 Secretary of Defense, notwithstanding any other provision 

20 of law, for the purpose of allowing the Commander, Com21 bined Security Transition Command—Afghanistan, or the 

22 Secretary’s designee, to provide assistance, with the con23 currence of the Secretary of State, to the security forces 

24 of Afghanistan, including the provision of equipment, sup25 plies, services, training, facility and infrastructure repair, 


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1 renovation, and construction, and funding: Provided fur2 ther, That the authority to provide assistance under this 

3 heading is in addition to any other authority to provide 

4 assistance to foreign nations: Provided further, That up 

5 to $15,000,000 of these funds may be available for coali6 tion police trainer life support costs: Provided further, 

7 That contributions of funds for the purposes provided 

8 herein from any person, foreign government, or inter9 national organization may be credited to this Fund and 

10 used for such purposes: Provided further, That the Sec11 retary of Defense shall notify the congressional defense 

12 committees in writing upon the receipt and upon the obli13 gation of any contribution, delineating the sources and 

14 amounts of the funds received and the specific use of such 

15 contributions: Provided further, That the Secretary of De16 fense shall, not fewer than 15 days prior to obligating 

17 from this appropriation account, notify the congressional 

18 defense committees in writing of the details of any such 

19 obligation: Provided further, That the Secretary of Defense 

20 shall notify the congressional defense committees of any 

21 proposed new projects or transfer of funds between budget 

22 sub-activity groups in excess of $20,000,000: Provided fur23 ther, That each amount in this paragraph is designated 

24 as 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 IRAQ SECURITY FORCES FUND

6 For the ‘‘Iraq Security Forces Fund’’, 

7 $1,500,000,000, to remain available until September 30, 

8 2012: Provided, That such funds shall be available to the 

9 Secretary of Defense, notwithstanding any other provision 

10 of law, for the purpose of allowing the Commander, United 

11 States Forces-Iraq, or the Secretary’s designee, to provide 

12 assistance, with the concurrence of the Secretary of State, 

13 to the security forces of Iraq, including the provision of 

14 equipment, supplies, services, training, facility and infra15 structure repair, and renovation: Provided further, That 

16 the authority to provide assistance under this heading is 

17 in addition to any other authority to provide assistance 

18 to foreign nations: Provided further, That contributions of 

19 funds for the purposes provided herein from any person, 

20 foreign government, or international organization may be 

21 credited to this Fund and used for such purposes: Pro22 vided further, That the Secretary shall notify the congres23 sional defense committees in writing upon the receipt and 

24 upon the obligation of any contribution, delineating the 

25 sources and amounts of the funds received and the specific 


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1 use of such contributions: Provided further, That the Sec2 retary of Defense shall, not fewer than 15 days prior to 

3 obligating from this appropriation account, notify the con4 gressional defense committees in writing of the details of 

5 any such obligation: Provided further, That the Secretary 

6 of Defense shall notify the congressional defense commit7 tees of any proposed new projects or transfer of funds be8 tween budget sub-activity groups in excess of 

9 $20,000,000: Provided further, That each amount in this 

10 paragraph is designated as being for contingency oper11 ations directly related to the global war on terrorism pur12 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

13 and as an emergency requirement pursuant to section 

14 403(a) of S. Con. Res. 13 (111th Congress), the concur15 rent resolution on the budget for fiscal year 2010. 

16 PROCUREMENT 

17 AIRCRAFT PROCUREMENT, ARMY

18 For an additional amount for ‘‘Aircraft Procurement, 

19 Army’’, $2,720,138,000, to remain available until Sep20 tember 30, 2013: Provided, That each amount in this 

21 paragraph is designated as being for contingency oper22 ations directly related to the global war on terrorism pur23 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

24 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 MISSILE PROCUREMENT, ARMY

4 For an additional amount for ‘‘Missile Procurement, 

5 Army’’, $343,828,000, to remain available until Sep6 tember 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 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

14 VEHICLES, ARMY

15 For an additional amount for ‘‘Procurement of Weap16 ons and Tracked Combat Vehicles, Army’’, $896,996,000, 

17 to remain available until September 30, 2013: Provided, 

18 That each amount in this paragraph is designated as 

19 being for contingency operations directly related to the 

20 global war on terrorism pursuant to section 3(c)(2) of H. 

21 Res. 5 (112th Congress) and as an emergency requirement 

22 pursuant to section 403(a) of S. Con. Res. 13 (111th Con23 gress), the concurrent resolution on the budget for fiscal 

24 year 2010. 


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1 PROCUREMENT OF AMMUNITION, ARMY

2 For an additional amount for ‘‘Procurement of Am3 munition, Army’’, $369,885,000, to remain available until 

4 September 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 OTHER PROCUREMENT, ARMY

12 For an additional amount for ‘‘Other Procurement, 

13 Army’’, $6,423,832,000, 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 AIRCRAFT PROCUREMENT, NAVY

22 For an additional amount for ‘‘Aircraft Procurement, 

23 Navy’’, $1,269,549,000, to remain available until Sep24 tember 30, 2013: Provided, That each amount in this 

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1 ations directly related to the global war on terrorism pur2 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

3 and as an emergency requirement pursuant to section 

4 403(a) of S. Con. Res. 13 (111th Congress), the concur5 rent resolution on the budget for fiscal year 2010. 

6 WEAPONS PROCUREMENT, NAVY

7 For an additional amount for ‘‘Weapons Procure8 ment, Navy’’, $90,502,000, to remain available until Sep9 tember 30, 2013: Provided, That each amount in this 

10 paragraph is designated as being for contingency oper11 ations directly related to the global war on terrorism pur12 suant to section 3(c)(2) of H. Res. 5 (112th Congress) 

13 and as an emergency requirement pursuant to section 

14 403(a) of S. Con. Res. 13 (111th Congress), the concur15 rent resolution on the budget for fiscal year 2010. 

16 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

17 CORPS

18 For an additional amount for ‘‘Procurement of Am19 munition, Navy and Marine Corps’’, $558,024,000, to re20 main available until September 30, 2013: 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 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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1 gress), the concurrent resolution on the budget for fiscal 

2 year 2010. 

3 OTHER PROCUREMENT, NAVY

4 For an additional amount for ‘‘Other Procurement, 

5 Navy’’, $316,835,000, to remain available until September 

6 30, 2013: Provided, That each amount in this paragraph 

7 is designated as being for contingency operations directly 

8 related to the global war on terrorism pursuant to section 

9 3(c)(2) of H. Res. 5 (112th Congress) and as an emer10 gency requirement pursuant to section 403(a) of S. Con. 

11 Res. 13 (111th Congress), the concurrent resolution on 

12 the budget for fiscal year 2010. 

13 PROCUREMENT, MARINE CORPS

14 For an additional amount for ‘‘Procurement, Marine 

15 Corps’’, $1,589,119,000, 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 AIRCRAFT PROCUREMENT, AIR FORCE

24 For an additional amount for ‘‘Aircraft Procurement, 

25 Air Force’’, $1,991,955,000, to remain available until 


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1 September 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, AIR FORCE

9 For an additional amount for ‘‘Missile Procurement, 

10 Air Force’’, $56,621,000, 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 AMMUNITION, AIR FORCE

19 For an additional amount for ‘‘Procurement of Am20 munition, Air Force’’, $292,959,000, to remain available 

21 until September 30, 2013: 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 OTHER PROCUREMENT, AIR FORCE

4 For an additional amount for ‘‘Other Procurement, 

5 Air Force’’, $2,868,593,000, 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 PROCUREMENT, DEFENSE-WIDE

14 For an additional amount for ‘‘Procurement, De15 fense-Wide’’, $1,262,499,000, to remain available until 

16 September 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 NATIONAL GUARD AND RESERVE EQUIPMENT

24 For procurement of aircraft, missiles, tracked combat 

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1 ment for the reserve components of the Armed Forces, 

2 $850,000,000, to remain available for obligation until Sep3 tember 30, 2013, of which $250,000,000 shall be available 

4 only for the Army National Guard: Provided, That the 

5 Chiefs of National Guard and Reserve components shall, 

6 not later than 30 days after the enactment of this Act, 

7 individually submit to the congressional defense commit8 tees the modernization priority assessment for their re9 spective National Guard or Reserve component: Provided 

10 further, That each amount in this paragraph is designated 

11 as being for contingency operations directly related to the 

12 global war on terrorism pursuant to section 3(c)(2) of H. 

13 Res. 5 (112th Congress) and as an emergency requirement 

14 pursuant to section 403(a) of S. Con. Res. 13 (111th Con15 gress), the concurrent resolution on the budget for fiscal 

16 year 2010. 

17 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Mine Resistant Ambush Protected Vehicle 

20 Fund, $3,415,000,000, to remain available until Sep21 tember 30, 2012: Provided, That such funds shall be avail22 able to the Secretary of Defense, notwithstanding any 

23 other provision of law, to procure, sustain, transport, and 

24 field Mine Resistant Ambush Protected vehicles: Provided 

25 further, That the Secretary shall transfer such funds only 


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1 to appropriations made available in this or any other Act 

2 for operation and maintenance; procurement; research, de3 velopment, test and evaluation; and defense working cap4 ital funds to accomplish the purpose provided herein: Pro5 vided further, That such transferred funds shall be merged 

6 with and be available for the same purposes and the same 

7 time period as the appropriation to which transferred: 

8 Provided further, That this transfer authority is in addi9 tion to any other transfer authority available to the De10 partment of Defense: Provided further, That the Secretary 

11 shall, not fewer than 10 days prior to making transfers 

12 from this appropriation, notify the congressional defense 

13 committees in writing of the details of any such transfer: 

14 Provided further, That each amount in this paragraph is 

15 designated as being for contingency operations directly re16 lated to the global war on terrorism pursuant to section 

17 3(c)(2) of H. Res. 5 (112th Congress) and as an emer18 gency requirement pursuant to section 403(a) of S. Con. 

19 Res. 13 (111th Congress), the concurrent resolution on 

20 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 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH 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. 

24 SEC. 9003. Supervision and administration costs as25 sociated with a construction project funded with approVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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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. 

24 SEC. 9007. None of the funds appropriated or other25 wise made available by this or any other Act shall be obliVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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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 

23 this section may be rescinded from amounts that were des24 ignated by Congress as an emergency requirement pursuVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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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 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH 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 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH 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 

23 the seventh, eighth, ninth, tenth, eleventh, twelfth, thir24 teenth, and fourteenth provisos under such heading in diVerDate Mar 15 2010 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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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 01:23 Apr 05, 2011 Jkt 099200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\H1363.IH H1363

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218 

•HR 1363 IH

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’’. 

Æ 


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