IIB 

112TH CONGRESS 

1ST SESSION H. R. 2219 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2011 

Received; read twice and referred to the Committee on Appropriations 

AN ACT 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2012, 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 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2012, for military func4 tions administered by the Department of Defense and for 

5 other purposes, namely: 

6 TITLE I 

7 MILITARY PERSONNEL 

8 MILITARY PERSONNEL, ARMY

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the 

14 Army on active duty, (except members of reserve compo15 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

18 377, as amended (42 U.S.C. 402 note), and to the Depart19 ment of Defense Military Retirement Fund, 

20 $43,859,709,000. 

21 MILITARY PERSONNEL, NAVY

22 For pay, allowances, individual clothing, subsistence, 

23 interest on deposits, gratuities, permanent change of sta24 tion travel (including all expenses thereof for organiza25 tional movements), and expenses of temporary duty travel 


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1 between permanent duty stations, for members of the 

2 Navy on active duty (except members of the Reserve pro3 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

7 of Defense Military Retirement Fund, $27,141,334,000. 

8 MILITARY PERSONNEL, MARINE CORPS

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the Ma14 rine Corps on active duty (except members of the Reserve 

15 provided for elsewhere); and for payments pursuant to sec16 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

17 402 note), and to the Department of Defense Military Re18 tirement Fund, $13,480,436,000. 

19 MILITARY PERSONNEL, AIR FORCE

20 For pay, allowances, individual clothing, subsistence, 

21 interest on deposits, gratuities, permanent change of sta22 tion travel (including all expenses thereof for organiza23 tional movements), and expenses of temporary duty travel 

24 between permanent duty stations, for members of the Air 

25 Force on active duty (except members of reserve compoVerDate Mar 15 2010 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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1 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

4 377, as amended (42 U.S.C. 402 note), and to the Depart5 ment of Defense Military Retirement Fund, 

6 $28,264,646,000. 

7 RESERVE PERSONNEL, ARMY

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

9 travel, and related expenses for personnel of the Army Re10 serve on active duty under sections 10211, 10302, and 

11 3038 of title 10, United States Code, or while serving on 

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

13 States Code, in connection with performing duty specified 

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

15 while undergoing reserve training, or while performing 

16 drills or equivalent duty or other duty, and expenses au17 thorized by section 16131 of title 10, United States Code; 

18 and for payments to the Department of Defense Military 

19 Retirement Fund, $4,333,507,000. 

20 RESERVE PERSONNEL, NAVY

21 For pay, allowances, clothing, subsistence, gratuities, 

22 travel, and related expenses for personnel of the Navy Re23 serve on active duty under section 10211 of title 10, 

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

25 section 12301(d) of title 10, United States Code, in conVerDate Mar 15 2010 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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1 nection with performing duty specified in section 12310(a) 

2 of title 10, United States Code, or while undergoing re3 serve training, or while performing drills or equivalent 

4 duty, and expenses authorized by section 16131 of title 

5 10, United States Code; and for payments to the Depart6 ment of Defense Military Retirement Fund, 

7 $1,948,544,000. 

8 RESERVE PERSONNEL, MARINE CORPS

9 For pay, allowances, clothing, subsistence, gratuities, 

10 travel, and related expenses for personnel of the Marine 

11 Corps Reserve on active duty under section 10211 of title 

12 10, United States Code, or while serving on active duty 

13 under section 12301(d) of title 10, 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 reserve training, or while performing drills or equiv17 alent duty, and for members of the Marine Corps platoon 

18 leaders class, and expenses authorized by section 16131 

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

20 Department of Defense Military Retirement Fund, 

21 $645,422,000. 

22 RESERVE PERSONNEL, AIR FORCE

23 For pay, allowances, clothing, subsistence, gratuities, 

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

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


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1 8038 of title 10, United States Code, or while serving on 

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

3 States Code, in connection with performing duty specified 

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

5 while undergoing reserve training, or while performing 

6 drills or equivalent duty or other duty, and expenses au7 thorized by section 16131 of title 10, United States Code; 

8 and for payments to the Department of Defense Military 

9 Retirement Fund, $1,711,653,000. 

10 NATIONAL GUARD PERSONNEL, ARMY

11 For pay, allowances, clothing, subsistence, gratuities, 

12 travel, and related expenses for personnel of the Army Na13 tional Guard while on duty under section 10211, 10302, 

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

15 States Code, or while serving on duty under section 

16 12301(d) of title 10 or section 502(f) of title 32, United 

17 States Code, in connection with performing duty specified 

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

19 while undergoing training, or while performing drills or 

20 equivalent duty or other duty, and expenses authorized by 

21 section 16131 of title 10, United States Code; and for pay22 ments to the Department of Defense Military Retirement 

23 Fund, $7,607,345,000. 


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1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For pay, allowances, clothing, subsistence, gratuities, 

3 travel, and related expenses for personnel of the Air Na4 tional Guard on duty under section 10211, 10305, or 

5 12402 of title 10 or section 708 of title 32, United States 

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

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

8 in connection with performing duty specified in section 

9 12310(a) of title 10, United States Code, or while under10 going training, or while performing drills or equivalent 

11 duty or other duty, and expenses authorized by section 

12 16131 of title 10, United States Code; and for payments 

13 to the Department of Defense Military Retirement Fund, 

14 $3,099,629,000. 

15 TITLE II 

16 OPERATION AND MAINTENANCE 

17 OPERATION AND MAINTENANCE, ARMY

18 For expenses, not otherwise provided for, necessary 

19 for the operation and maintenance of the Army, as author20 ized by law; and not to exceed $12,478,000 can be used 

21 for emergencies and extraordinary expenses, to be ex22 pended on the approval or authority of the Secretary of 

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

24 of necessity for confidential military purposes, 

25 $34,581,321,000. 


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1 OPERATION AND MAINTENANCE, NAVY

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of the Navy and the 

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

5 $14,804,000 can be used for emergencies and extraor6 dinary expenses, to be expended on the approval or author7 ity of the Secretary of the Navy, and payments may be 

8 made on his certificate of necessity for confidential mili9 tary purposes, $39,385,685,000. 

10 OPERATION AND MAINTENANCE, MARINE CORPS

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance of the Marine Corps, 

13 as authorized by law, $6,036,996,000. 

14 OPERATION AND MAINTENANCE, AIR FORCE

15 For expenses, not otherwise provided for, necessary 

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

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

18 used for emergencies and extraordinary expenses, to be ex19 pended on the approval or authority of the Secretary of 

20 the Air Force, and payments may be made on his certifi21 cate of necessity for confidential military purposes, 

22 $36,065,107,000. 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary 

4 for the operation and maintenance of activities and agen5 cies of the Department of Defense (other than the military 

6 departments), as authorized by law, $30,682,265,000 (re7 duced by $650,000) (reduced by $3,600,000): Provided, 

8 That not more than $47,026,000 may be used for the 

9 Combatant Commander Initiative Fund authorized under 

10 section 166a of title 10, United States Code: Provided fur11 ther, That not to exceed $36,000,000 can be used for 

12 emergencies and extraordinary expenses, to be expended 

13 on the approval or authority of the Secretary of Defense, 

14 and payments may be made on his certificate of necessity 

15 for confidential military purposes: Provided further, That 

16 of the funds provided under this heading, not less than 

17 $34,311,000 shall be made available for the Procurement 

18 Technical Assistance Cooperative Agreement Program, of 

19 which not less than $3,600,000 shall be available for cen20 ters defined in 10 U.S.C. 2411(1)(D): Provided further, 

21 That none of the funds appropriated or otherwise made 

22 available by this Act may be used to plan or implement 

23 the consolidation of a budget or appropriations liaison of24 fice of the Office of the Secretary of Defense, the office 

25 of the Secretary of a military department, or the service 


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1 headquarters of one of the Armed Forces into a legislative 

2 affairs or legislative liaison office: Provided further, That 

3 $8,420,000, to remain available until expended, is avail4 able only for expenses relating to certain classified activi5 ties, and may be transferred as necessary by the Secretary 

6 of Defense to operation and maintenance appropriations 

7 or research, development, test and evaluation appropria8 tions, to be merged with and to be available for the same 

9 time period as the appropriations to which transferred: 

10 Provided further, That any ceiling on the investment item 

11 unit cost of items that may be purchased with operation 

12 and maintenance funds shall not apply to the funds de13 scribed in the preceding proviso: Provided further, That 

14 the transfer authority provided under this heading is in 

15 addition to any other transfer authority provided else16 where in this Act. 

17 OPERATION AND MAINTENANCE, ARMY RESERVE

18 For expenses, not otherwise provided for, necessary 

19 for the operation and maintenance, including training, or20 ganization, and administration, of the Army Reserve; re21 pair of facilities and equipment; hire of passenger motor 

22 vehicles; travel and transportation; care of the dead; re23 cruiting; procurement of services, supplies, and equip24 ment; and communications, $3,047,033,000. 


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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Navy Reserve; re5 pair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $1,323,134,000. 

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Marine Corps Re14 serve; repair of facilities and equipment; hire of passenger 

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

16 recruiting; procurement of services, supplies, and equip17 ment; and communications, $271,443,000. 

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Air Force Reserve; 

22 repair of facilities and equipment; hire of passenger motor 

23 vehicles; travel and transportation; care of the dead; re24 cruiting; procurement of services, supplies, and equip25 ment; and communications, $3,310,459,000. 


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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For expenses of training, organizing, and admin4 istering the Army National Guard, including medical and 

5 hospital treatment and related expenses in non-Federal 

6 hospitals; maintenance, operation, and repairs to struc7 tures and facilities; hire of passenger motor vehicles; per8 sonnel services in the National Guard Bureau; travel ex9 penses (other than mileage), as authorized by law for 

10 Army personnel on active duty, for Army National Guard 

11 division, regimental, and battalion commanders while in12 specting units in compliance with National Guard Bureau 

13 regulations when specifically authorized by the Chief, Na14 tional Guard Bureau; supplying and equipping the Army 

15 National Guard as authorized by law; and expenses of re16 pair, modification, maintenance, and issue of supplies and 

17 equipment (including aircraft), $6,979,232,000. 

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For expenses of training, organizing, and admin20 istering the Air National Guard, including medical and 

21 hospital treatment and related expenses in non-Federal 

22 hospitals; maintenance, operation, and repairs to struc23 tures and facilities; transportation of things, hire of pas24 senger motor vehicles; supplying and equipping the Air 

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


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1 modification, maintenance, and issue of supplies and 

2 equipment, including those furnished from stocks under 

3 the control of agencies of the Department of Defense; 

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

5 authorized by law for Air National Guard personnel on 

6 active Federal duty, for Air National Guard commanders 

7 while inspecting units in compliance with National Guard 

8 Bureau regulations when specifically authorized by the 

9 Chief, National Guard Bureau, $6,094,380,000. 

10 UNITED STATES COURT OF APPEALS FOR THE ARMED

11 FORCES

12 For salaries and expenses necessary for the United 

13 States Court of Appeals for the Armed Forces, 

14 $13,861,000, of which not to exceed $5,000 may be used 

15 for official representation purposes. 

16 ENVIRONMENTAL RESTORATION, ARMY

17 (INCLUDING TRANSFER OF FUNDS)

18 For the Department of the Army, $346,031,000, to 

19 remain available until transferred: Provided, That the Sec20 retary of the Army shall, upon determining that such 

21 funds are required for environmental restoration, reduc22 tion and recycling of hazardous waste, removal of unsafe 

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

24 for similar purposes, transfer the funds made available by 

25 this appropriation to other appropriations made available 


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

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

3 time period as the appropriations to which transferred: 

4 Provided further, That upon a determination that all or 

5 part of the funds transferred from this appropriation are 

6 not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation: 

8 Provided further, That the transfer authority provided 

9 under this heading is in addition to any other transfer au10 thority provided elsewhere in this Act. 

11 ENVIRONMENTAL RESTORATION, NAVY

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of the Navy, $308,668,000, to 

14 remain available until transferred: Provided, That the Sec15 retary of the Navy shall, upon determining that such 

16 funds are required for environmental restoration, reduc17 tion and recycling of hazardous waste, removal of unsafe 

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

19 for similar purposes, transfer the funds made available by 

20 this appropriation to other appropriations made available 

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

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

23 time period as the appropriations to which transferred: 

24 Provided further, That upon a determination that all or 

25 part of the funds transferred from this appropriation are 


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1 not necessary for the purposes provided herein, such 

2 amounts may be transferred back to this appropriation: 

3 Provided further, That the transfer authority provided 

4 under this heading is in addition to any other transfer au5 thority provided elsewhere in this Act. 

6 ENVIRONMENTAL RESTORATION, AIR FORCE

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Air Force, $525,453,000, 

9 to remain available until transferred: Provided, That the 

10 Secretary of the Air Force shall, upon determining that 

11 such funds are required for environmental restoration, re12 duction and recycling of hazardous waste, removal of un13 safe buildings and debris of the Department of the Air 

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

15 available by this appropriation to other appropriations 

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

17 merged with and to be available for the same purposes 

18 and for the same time period as the appropriations to 

19 which transferred: Provided further, That upon a deter20 mination that all or part of the funds transferred from 

21 this appropriation are not necessary for the purposes pro22 vided herein, such amounts may be transferred back to 

23 this appropriation: Provided further, That the transfer au24 thority provided under this heading is in addition to any 

25 other transfer authority provided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of Defense, $10,716,000, to re4 main available until transferred: Provided, That the Sec5 retary of Defense shall, upon determining that such funds 

6 are required for environmental restoration, reduction and 

7 recycling of hazardous waste, removal of unsafe buildings 

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

9 purposes, transfer the funds made available by this appro10 priation to other appropriations made available to the De11 partment of Defense, to be merged with and to be avail12 able for the same purposes and for the same time period 

13 as the appropriations to which transferred: Provided fur14 ther, That upon a determination that all or part of the 

15 funds transferred from this appropriation are not nec16 essary for the purposes provided herein, such amounts 

17 may be transferred back to this appropriation: Provided 

18 further, That the transfer authority provided under this 

19 heading is in addition to any other transfer authority pro20 vided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, FORMERLY USED

22 DEFENSE SITES

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Department of the Army, $276,495,000, to 

25 remain available until transferred: Provided, That the SecVerDate Mar 15 2010 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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1 retary of the Army shall, upon determining that such 

2 funds are required for environmental restoration, reduc3 tion and recycling of hazardous waste, removal of unsafe 

4 buildings and debris at sites formerly used by the Depart5 ment of Defense, transfer the funds made available by this 

6 appropriation to other appropriations made available to 

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

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

9 period as the appropriations to which transferred: Pro10 vided further, That upon a determination that all or part 

11 of the funds transferred from this appropriation are not 

12 necessary for the purposes provided herein, such amounts 

13 may be transferred back to this appropriation: Provided 

14 further, That the transfer authority provided under this 

15 heading is in addition to any other transfer authority pro16 vided elsewhere in this Act. 

17 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

18 For expenses relating to the Overseas Humanitarian, 

19 Disaster, and Civic Aid programs of the Department of 

20 Defense (consisting of the programs provided under sec21 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

22 United States Code), $107,662,000, to remain available 

23 until September 30, 2013. 


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1 COOPERATIVE THREAT REDUCTION ACCOUNT

2 For assistance to the republics of the former Soviet 

3 Union and, with appropriate authorization by the Depart4 ment of Defense and Department of State, to countries 

5 outside of the former Soviet Union, including assistance 

6 provided by contract or by grants, for facilitating the 

7 elimination and the safe and secure transportation and 

8 storage of nuclear, chemical and other weapons; for estab9 lishing programs to prevent the proliferation of weapons, 

10 weapons components, and weapon-related technology and 

11 expertise; for programs relating to the training and sup12 port of defense and military personnel for demilitarization 

13 and protection of weapons, weapons components and 

14 weapons technology and expertise, and for defense and 

15 military contacts, $508,219,000, to remain available until 

16 September 30, 2014. 

17 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

18 DEVELOPMENT FUND

19 For the Department of Defense Acquisition Work20 force Development Fund, $105,501,000. 

21 TITLE III 

22 PROCUREMENT 

23 AIRCRAFT PROCUREMENT, ARMY

24 For construction, procurement, production, modifica25 tion, and modernization of aircraft, equipment, including 


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1 ordnance, ground handling equipment, spare parts, and 

2 accessories therefor; specialized equipment and training 

3 devices; expansion of public and private plants, including 

4 the land necessary therefor, for the foregoing purposes, 

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

6 and construction prosecuted thereon prior to approval of 

7 title; and procurement and installation of equipment, ap8 pliances, and machine tools in public and private plants; 

9 reserve plant and Government and contractor-owned 

10 equipment layaway; and other expenses necessary for the 

11 foregoing purposes, $6,487,481,000, to remain available 

12 for obligation until September 30, 2014. 

13 MISSILE PROCUREMENT, ARMY

14 For construction, procurement, production, modifica15 tion, and modernization of missiles, equipment, including 

16 ordnance, ground handling equipment, spare parts, and 

17 accessories therefor; specialized equipment and training 

18 devices; expansion of public and private plants, including 

19 the land necessary therefor, for the foregoing purposes, 

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

21 and construction prosecuted thereon prior to approval of 

22 title; and procurement and installation of equipment, ap23 pliances, and machine tools in public and private plants; 

24 reserve plant and Government and contractor-owned 

25 equipment layaway; and other expenses necessary for the 


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1 foregoing purposes, $1,464,223,000, to remain available 

2 for obligation until September 30, 2014. 

3 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

4 VEHICLES, ARMY

5 For construction, procurement, production, and 

6 modification of weapons and tracked combat vehicles, 

7 equipment, including ordnance, spare parts, and acces8 sories therefor; specialized equipment and training devices; 

9 expansion of public and private plants, including the land 

10 necessary therefor, for the foregoing purposes, and such 

11 lands and interests therein, may be acquired, and con12 struction prosecuted thereon prior to approval of title; and 

13 procurement and installation of equipment, appliances, 

14 and machine tools in public and private plants; reserve 

15 plant and Government and contractor-owned equipment 

16 layaway; and other expenses necessary for the foregoing 

17 purposes, $2,178,886,000, to remain available for obliga18 tion until September 30, 2014. 

19 PROCUREMENT OF AMMUNITION, ARMY

20 For construction, procurement, production, and 

21 modification of ammunition, and accessories therefor; spe22 cialized equipment and training devices; expansion of pub23 lic and private plants, including ammunition facilities, au24 thorized by section 2854 of title 10, United States Code, 

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1 poses, and such lands and interests therein, may be ac2 quired, and construction prosecuted thereon prior to ap3 proval of title; and procurement and installation of equip4 ment, appliances, and machine tools in public and private 

5 plants; reserve plant and Government and contractor6 owned equipment layaway; and other expenses necessary 

7 for the foregoing purposes, $1,952,625,000, to remain 

8 available for obligation until September 30, 2014. 

9 OTHER PROCUREMENT, ARMY

10 For construction, procurement, production, and 

11 modification of vehicles, including tactical, support, and 

12 non-tracked combat vehicles; the purchase of passenger 

13 motor vehicles for replacement only; communications and 

14 electronic equipment; other support equipment; spare 

15 parts, ordnance, and accessories therefor; specialized 

16 equipment and training devices; expansion of public and 

17 private plants, including the land necessary therefor, for 

18 the foregoing purposes, 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; and other 

24 expenses necessary for the foregoing purposes, 


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1 $9,371,952,000, to remain available for obligation until 

2 September 30, 2014. 

3 AIRCRAFT PROCUREMENT, NAVY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, spare parts, and accessories therefor; specialized 

7 equipment; expansion of public and private plants, includ8 ing the land necessary therefor, and such lands and inter9 ests therein, may be acquired, and construction prosecuted 

10 thereon prior to approval of title; and procurement and 

11 installation of equipment, appliances, and machine tools 

12 in public and private plants; reserve plant and Govern13 ment and contractor-owned equipment layaway, 

14 $17,804,750,000, to remain available for obligation until 

15 September 30, 2014. 

16 WEAPONS PROCUREMENT, NAVY

17 For construction, procurement, production, modifica18 tion, and modernization of missiles, torpedoes, other weap19 ons, and related support equipment including spare parts, 

20 and accessories therefor; expansion of public and private 

21 plants, including the land necessary therefor, and such 

22 lands and interests therein, may be acquired, and con23 struction prosecuted thereon prior to approval of title; and 

24 procurement and installation of equipment, appliances, 

25 and machine tools in public and private plants; reserve 


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1 plant and Government and contractor-owned equipment 

2 layaway, $2,975,749,000, to remain available for obliga3 tion until September 30, 2014. 

4 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

5 CORPS

6 For construction, procurement, production, and 

7 modification of ammunition, and accessories therefor; spe8 cialized equipment and training devices; expansion of pub9 lic and private plants, including ammunition facilities, au10 thorized by section 2854 of title 10, United States Code, 

11 and the land necessary therefor, for the foregoing pur12 poses, and such lands and interests therein, may be ac13 quired, and construction prosecuted thereon prior to ap14 proval of title; and procurement and installation of equip15 ment, appliances, and machine tools in public and private 

16 plants; reserve plant and Government and contractor17 owned equipment layaway; and other expenses necessary 

18 for the foregoing purposes, $633,048,000, to remain avail19 able for obligation until September 30, 2014. 

20 SHIPBUILDING AND CONVERSION, NAVY

21 For expenses necessary for the construction, acquisi22 tion, or conversion of vessels as authorized by law, includ23 ing armor and armament thereof, plant equipment, appli24 ances, and machine tools and installation thereof in public 

25 and private plants; reserve plant and Government and conVerDate Mar 15 2010 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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1 tractor-owned equipment layaway; procurement of critical, 

2 long lead time components and designs for vessels to be 

3 constructed or converted in the future; and expansion of 

4 public and private plants, including land necessary there5 for, and such lands and interests therein, may be acquired, 

6 and construction prosecuted thereon prior to approval of 

7 title, as follows: 

8 Carrier Replacement Program (AP), $554,798,000. 

9 Virginia Class Submarine, $3,221,314,000. 

10 Virginia Class Submarine (AP), $1,461,361,000. 

11 CVN Refueling (AP), $529,652,000. 

12 DDG–1000, $453,727,000. 

13 DDG–51, $1,978,314,000. 

14 DDG–51 (AP), $100,723,000. 

15 Littoral Combat Ship, $1,755,093,000. 

16 LHA Replacement, $1,999,191,000. 

17 LPD–17, $1,833,444,000. 

18 Joint High Speed Vessel, $185,106,000. 

19 Oceanographic Ships, $89,000,000. 

20 Moored Training Ship (AP), $131,200,000. 

21 Service Craft, $3,863,000. 

22 LCAC Service Life Extension Program, $84,076,000. 

23 For outfitting, post delivery, conversions, and first 

24 destination transportation, $270,639,000. 


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1 Completion of Prior Year Shipbuilding Programs, 

2 $73,992,000. 

3 In all: $14,725,493,000, to remain available for obli4 gation until September 30, 2016: Provided, That addi5 tional obligations may be incurred after September 30, 

6 2016, for engineering services, tests, evaluations, and 

7 other such budgeted work that must be performed in the 

8 final stage of ship construction: Provided further, That 

9 none of the funds provided under this heading for the con10 struction or conversion of any naval vessel to be con11 structed in shipyards in the United States shall be ex12 pended in foreign facilities for the construction of major 

13 components of such vessel: Provided further, That none 

14 of the funds provided under this heading shall be used 

15 for the construction of any naval vessel in foreign ship16 yards. 

17 OTHER PROCUREMENT, NAVY

18 For procurement, production, and modernization of 

19 support equipment and materials not otherwise provided 

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

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

22 of passenger motor vehicles for replacement only; expan23 sion of public and private plants, including the land nec24 essary therefor, and such lands and interests therein, may 

25 be acquired, and construction prosecuted thereon prior to 


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1 approval of title; and procurement and installation of 

2 equipment, appliances, and machine tools in public and 

3 private plants; reserve plant and Government and con4 tractor-owned equipment layaway, $5,996,459,000, to re5 main available for obligation until September 30, 2014. 

6 PROCUREMENT, MARINE CORPS

7 For expenses necessary for the procurement, manu8 facture, and modification of missiles, armament, military 

9 equipment, spare parts, and accessories therefor; plant 

10 equipment, appliances, and machine tools, and installation 

11 thereof in public and private plants; reserve plant and 

12 Government and contractor-owned equipment layaway; ve13 hicles for the Marine Corps, including the purchase of pas14 senger motor vehicles for replacement only; and expansion 

15 of public and private plants, including land necessary 

16 therefor, and such lands and interests therein, may be ac17 quired, and construction prosecuted thereon prior to ap18 proval of title, $1,453,602,000, to remain available for ob19 ligation until September 30, 2014. 

20 AIRCRAFT PROCUREMENT, AIR FORCE

21 For construction, procurement, and modification of 

22 aircraft and equipment, including armor and armament, 

23 specialized ground handling equipment, and training de24 vices, spare parts, and accessories therefor; specialized 

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1 ernment-owned equipment and installation thereof in such 

2 plants, erection of structures, and acquisition of land, 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; reserve plant and Gov6 ernment and contractor-owned equipment layaway; and 

7 other expenses necessary for the foregoing purposes in8 cluding rents and transportation of things, 

9 $13,987,613,000, to remain available for obligation until 

10 September 30, 2014. 

11 MISSILE PROCUREMENT, AIR FORCE

12 For construction, procurement, and modification of 

13 missiles, spacecraft, rockets, and related equipment, in14 cluding spare parts and accessories therefor, ground han15 dling equipment, and training devices; expansion of public 

16 and private plants, Government-owned equipment and in17 stallation thereof in such plants, erection of structures, 

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

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

20 construction prosecuted thereon prior to approval of title; 

21 reserve plant and Government and contractor-owned 

22 equipment layaway; and other expenses necessary for the 

23 foregoing purposes including rents and transportation of 

24 things, $5,689,998,000, to remain available for obligation 

25 until September 30, 2014. 


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1 PROCUREMENT OF AMMUNITION, AIR FORCE

2 For construction, procurement, production, and 

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 

14 for the foregoing purposes, $522,565,000, to remain avail15 able for obligation until September 30, 2014. 

16 OTHER PROCUREMENT, AIR FORCE

17 For procurement and modification of equipment (in18 cluding ground guidance and electronic control equipment, 

19 and ground electronic and communication equipment), 

20 and supplies, materials, and spare parts therefor, not oth21 erwise provided for; the purchase of passenger motor vehi22 cles for replacement only; lease of passenger motor vehi23 cles; and expansion of public and private plants, Govern24 ment-owned equipment and installation thereof in such 

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


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1 the foregoing purposes, and such lands and interests 

2 therein, may be acquired, and construction prosecuted 

3 thereon, prior to approval of title; reserve plant and Gov4 ernment and contractor-owned equipment layaway, 

5 $17,260,619,000, to remain available for obligation until 

6 September 30, 2014. 

7 PROCUREMENT, DEFENSE-WIDE

8 For expenses of activities and agencies of the Depart9 ment of Defense (other than the military departments) 

10 necessary for procurement, production, and modification 

11 of equipment, supplies, materials, and spare parts there12 for, not otherwise provided for; the purchase of passenger 

13 motor vehicles for replacement only; expansion of public 

14 and private plants, equipment, and installation thereof in 

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

16 for the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

18 thereon prior to approval of title; reserve plant and Gov19 ernment and contractor-owned equipment layaway, 

20 $5,046,447,000, to remain available for obligation until 

21 September 30, 2014. 

22 DEFENSE PRODUCTION ACT PURCHASES

23 For activities by the Department of Defense pursuant 

24 to sections 108, 301, 302, and 303 of the Defense ProducVerDate Mar 15 2010 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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1 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

2 2093), $29,964,000, to remain available until expended. 

3 TITLE IV 

4 RESEARCH, DEVELOPMENT, TEST AND 

5 EVALUATION 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 ARMY

8 For expenses necessary for basic and applied sci9 entific research, development, test and evaluation, includ10 ing maintenance, rehabilitation, lease, and operation of fa11 cilities and equipment, $9,381,166,000, to remain avail12 able for obligation until September 30, 2013. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 NAVY

15 For expenses necessary for basic and applied sci16 entific research, development, test and evaluation, includ17 ing maintenance, rehabilitation, lease, and operation of fa18 cilities and equipment, $17,798,950,000, to remain avail19 able for obligation until September 30, 2013: Provided, 

20 That funds appropriated in this paragraph which are 

21 available for the V–22 may be used to meet unique oper22 ational requirements of the Special Operations Forces: 

23 Provided further, That funds appropriated in this para24 graph shall be available for the Cobra Judy program. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $26,313,196,000, to remain avail7 able for obligation until September 30, 2013. 

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 DEFENSE-WIDE

10 For expenses of activities and agencies of the Depart11 ment of Defense (other than the military departments), 

12 necessary for basic and applied scientific research, devel13 opment, test and evaluation; advanced research projects 

14 as may be designated and determined by the Secretary 

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

16 lease, and operation of facilities and equipment, 

17 $19,324,865,000 (reduced by $16,000,000) (reduced by 

18 $10,000,000), to remain available for obligation until Sep19 tember 30, 2013. 

20 OPERATIONAL TEST AND EVALUATION, DEFENSE

21 For expenses, not otherwise provided for, necessary 

22 for the independent activities of the Director, Operational 

23 Test and Evaluation, in the direction and supervision of 

24 operational test and evaluation, including initial oper25 ational test and evaluation which is conducted prior to, 


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1 and in support of, production decisions; joint operational 

2 testing and evaluation; and administrative expenses in 

3 connection therewith, $191,292,000, to remain available 

4 for obligation until September 30, 2013. 

5 TITLE V 

6 REVOLVING AND MANAGEMENT FUNDS 

7 DEFENSE WORKING CAPITAL FUNDS

8 For the Defense Working Capital Funds, 

9 $1,575,010,000. 

10 NATIONAL DEFENSE SEALIFT FUND

11 For National Defense Sealift Fund programs, 

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

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

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

15 and for the necessary expenses to maintain and preserve 

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

17 needs of the United States, $1,100,519,000, to remain 

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

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

20 contract that provides for the acquisition of any of the 

21 following major components unless such components are 

22 manufactured in the United States: auxiliary equipment, 

23 including pumps, for all shipboard services; propulsion 

24 system components (engines, reduction gears, and propel25 lers); shipboard cranes; and spreaders for shipboard 


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

2 in a contract awarded through the obligation of previously 

3 appropriated funds shall not be considered to be the award 

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

5 of the military department responsible for such procure6 ment may waive the restrictions in the first proviso on 

7 a case-by-case basis by certifying in writing to the Com8 mittees on Appropriations of the House of Representatives 

9 and the Senate that adequate domestic supplies are not 

10 available to meet Department of Defense requirements on 

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

12 in order to acquire capability for national security pur13 poses. 

14 TITLE VI 

15 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

16 DEFENSE HEALTH PROGRAM

17 For expenses, not otherwise provided for, for medical 

18 and health care programs of the Department of Defense 

19 as authorized by law, $32,317,459,000 (increased by 

20 $500,000) (increased by $16,000,000) (increased by 

21 $10,000,000) (increased by $3,600,000); of which 

22 $30,497,735,000 shall be for operation and maintenance, 

23 of which not to exceed 1 percent shall remain available 

24 until September 30, 2013, and of which up to 

25 $16,092,272,000 may be available for contracts entered 


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1 into under the TRICARE program; of which 

2 $632,518,000, to remain available for obligation until Sep3 tember 30, 2014, shall be for procurement; and of which 

4 $1,187,206,000 (increased by $500,000) (increased by 

5 $16,000,000) (increased by $10,000,000) (increased by 

6 $3,600,000), to remain available for obligation until Sep7 tember 30, 2013, shall be for research, development, test 

8 and evaluation: Provided, That, notwithstanding any other 

9 provision of law, of the amount made available under this 

10 heading for research, development, test and evaluation, 

11 not less than $8,000,000 shall be available for HIV pre12 vention educational activities undertaken in connection 

13 with United States military training, exercises, and hu14 manitarian assistance activities conducted primarily in Af15 rican nations. 

16 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

17 DEFENSE

18 For expenses, not otherwise provided for, necessary 

19 for the destruction of the United States stockpile of lethal 

20 chemical agents and munitions in accordance with the pro21 visions of section 1412 of the Department of Defense Au22 thorization Act, 1986 (50 U.S.C. 1521), and for the de23 struction of other chemical warfare materials that are not 

24 in the chemical weapon stockpile, $1,554,422,000, of 

25 which $1,147,691,000 shall be for operation and mainteVerDate Mar 15 2010 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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1 nance, of which no less than $103,097,000 shall be for 

2 the Chemical Stockpile Emergency Preparedness Pro3 gram, consisting of $30,615,000, for activities on military 

4 installations and $72,482,000, to remain available until 

5 September 30, 2013, to assist state and local govern6 ments; and $406,731,000 to remain available until Sep7 tember 30, 2013, shall be for research, development, test 

8 and evaluation, of which $401,768,000 shall be only for 

9 the Assembled Chemical Weapons Alternatives (ACWA) 

10 Program. 

11 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

12 DEFENSE

13 (INCLUDING TRANSFER OF FUNDS)

14 For drug interdiction and counter-drug activities of 

15 the Department of Defense, for transfer to appropriations 

16 available to the Department of Defense for military per17 sonnel of the reserve components serving under the provi18 sions of title 10 and title 32, United States Code; for oper19 ation and maintenance; for procurement; and for research, 

20 development, test and evaluation, $1,208,147,000: Pro21 vided, That the funds appropriated under this heading 

22 shall be available for obligation for the same time period 

23 and for the same purpose as the appropriation to which 

24 transferred: Provided further, That upon a determination 

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1 priation are not necessary for the purposes provided here2 in, such amounts may be transferred back to this appro3 priation: Provided further, That the transfer authority pro4 vided under this heading is in addition to any other trans5 fer authority contained elsewhere in this Act: Provided fur6 ther, That $23,000,000 may not be obligated or expended 

7 until the Secretary of Defense submits an implementation 

8 plan for the expansion of prescription drug testing to the 

9 congressional defense committees. 

10 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For the ‘‘Joint Improvised Explosive Device Defeat 

13 Fund’’, $220,634,000, to remain available until Sep14 tember 30, 2014, for Staff and Infrastructure: Provided, 

15 That such funds shall be available to the Secretary of De16 fense, notwithstanding any other provision of law, for the 

17 purpose of allowing the Director of the Joint Improvised 

18 Explosive Device Defeat Organization to investigate, de19 velop and provide equipment, supplies, services, training, 

20 facilities, personnel and funds to assist United States 

21 forces in the defeat of improvised explosive devices: Pro22 vided further, That not later than 60 days of the enact23 ment of this Act, the Secretary of Defense shall submit 

24 to the congressional defense committees a plan for the in25 tended management and use of the amounts provided 


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1 under this heading: Provided further, That the Secretary 

2 of Defense shall submit a report not later than 60 days 

3 after the end of each fiscal quarter to the congressional 

4 defense committees providing assessments of the evolving 

5 threats, individual service requirements to counter the 

6 threats, the current strategy for predeployment training 

7 of members of the Armed Forces on improvised explosive 

8 devices, and details on the execution of the Fund: Provided 

9 further, That the Secretary of Defense may transfer funds 

10 provided herein to appropriations for operation and main11 tenance; procurement; research, development, test and 

12 evaluation; and defense working capital funds to accom13 plish the purpose provided herein: Provided further, That 

14 amounts transferred shall be merged with and available 

15 for the same purposes and time period as the appropria16 tions to which transferred: Provided further, That this 

17 transfer authority is in addition to any other transfer au18 thority available to the Department of Defense: Provided 

19 further, That the Secretary of Defense shall, not fewer 

20 than 15 days prior to making transfers from this appro21 priation, notify the congressional defense committees in 

22 writing of the details of any such transfer. 

23 OFFICE OF THE INSPECTOR GENERAL

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1 spector General Act of 1978, as amended, $346,919,000, 

2 of which $286,919,000 shall be for operation and mainte3 nance, of which not to exceed $700,000 is available for 

4 emergencies and extraordinary expenses to be expended on 

5 the approval or authority of the Inspector General, and 

6 payments may be made on the Inspector General’s certifi7 cate of necessity for confidential military purposes; of 

8 which $1,000,000, to remain available until September 30, 

9 2014, shall be for procurement; and of which $1,600,000, 

10 to remain available until September 30, 2013, shall be for 

11 research, development, testing, and evaluation. 

12 TITLE VII 

13 RELATED AGENCIES 

14 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

15 DISABILITY SYSTEM FUND

16 For payment to the Central Intelligence Agency Re17 tirement and Disability System Fund, to maintain the 

18 proper funding level for continuing the operation of the 

19 Central Intelligence Agency Retirement and Disability 

20 System, $513,700,000. 

21 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

22 For necessary expenses of the Intelligence Commu23 nity Management Account, $458,225,000. 


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1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 

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

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 

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

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 

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

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is 

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

16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to 

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

19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United 

21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall 

24 not apply to foreign national employees of the Department 

25 of 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 (INCLUDING 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, 2012: 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’’ 

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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 2012: 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 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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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 advanced 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 UH–60M/HH–60M and MH–60R/MH–60S Heli17 copter Airframes; and MH–60R/S Mission Avionics and 

18 Common Cockpits. 

19 SEC. 8011. Within the funds appropriated for the op20 eration and maintenance of the Armed Forces, funds are 

21 hereby appropriated pursuant to section 401 of title 10, 

22 United States Code, for humanitarian and civic assistance 

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

24 Such funds may also be obligated for humanitarian and 

25 civic assistance costs incidental to authorized operations 


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1 and pursuant to authority granted in section 401 of chap2 ter 20 of title 10, United States Code, and these obliga3 tions shall be reported as required by section 401(d) of 

4 title 10, United States Code: Provided, That funds avail5 able for operation and maintenance shall be available for 

6 providing humanitarian and similar assistance by using 

7 Civic Action Teams in the Trust Territories of the Pacific 

8 Islands and freely associated states of Micronesia, pursu9 ant to the Compact of Free Association as authorized by 

10 Public Law 99–239: Provided further, That upon a deter11 mination by the Secretary of the Army that such action 

12 is beneficial for graduate medical education programs con13 ducted at Army medical facilities located in Hawaii, the 

14 Secretary of the Army may authorize the provision of med15 ical services at such facilities and transportation to such 

16 facilities, on a nonreimbursable basis, for civilian patients 

17 from American Samoa, the Commonwealth of the North18 ern Mariana Islands, the Marshall Islands, the Federated 

19 States of Micronesia, Palau, and Guam. 

20 SEC. 8012. (a) During fiscal year 2012, the civilian 

21 personnel of the Department of Defense may not be man22 aged on the basis of any end-strength, and the manage23 ment of such personnel during that fiscal year shall not 

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


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

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

3 (b) The fiscal year 2013 budget request for the De4 partment of Defense as well as all justification material 

5 and other documentation supporting the fiscal year 2013 

6 Department of Defense budget request shall be prepared 

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

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

9 year 2013. 

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

11 to military (civilian) technicians. 

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

13 Act shall be used in any way, directly or indirectly, to in14 fluence congressional action on any legislation or appro15 priation matters pending before the Congress. 

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

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

18 any member of the Army participating as a full-time stu19 dent and receiving benefits paid by the Secretary of Vet20 erans Affairs from the Department of Defense Education 

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

22 credited toward completion of a service commitment: Pro23 vided, That this section shall not apply to those members 

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


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1 1987: Provided further, That this section applies only to 

2 active components of the Army. 

3 (TRANSFER OF FUNDS)

4 SEC. 8015. Funds appropriated in title III of this Act 

5 for the Department of Defense Pilot Mentor-Protege Pro6 gram may be transferred to any other appropriation con7 tained in this Act solely for the purpose of implementing 

8 a Mentor-Protege Program developmental assistance 

9 agreement pursuant to section 831 of the National De10 fense Authorization Act for Fiscal Year 1991 (Public Law 

11 101–510; 10 U.S.C. 2302 note), as amended, under the 

12 authority of this provision or any other transfer authority 

13 contained in this Act. 

14 SEC. 8016. None of the funds in this Act may be 

15 available for the purchase by the Department of Defense 

16 (and its departments and agencies) of welded shipboard 

17 anchor and mooring chain 4 inches in diameter and under 

18 unless the anchor and mooring chain are manufactured 

19 in the United States from components which are substan20 tially manufactured in the United States: Provided, That 

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

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

23 of chain and welding (including the forging and shot blast24 ing process): Provided further, That for the purpose of this 

25 section, substantially all of the components of anchor and 


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1 mooring chain shall be considered to be produced or manu2 factured in the United States if the aggregate cost of the 

3 components produced or manufactured in the United 

4 States exceeds the aggregate cost of the components pro5 duced or manufactured outside the United States: Pro6 vided further, That when adequate domestic supplies are 

7 not available to meet Department of Defense requirements 

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

9 for the procurement may waive this restriction on a case10 by-case basis by certifying in writing to the Committees 

11 on Appropriations that such an acquisition must be made 

12 in order to acquire capability for national security pur13 poses. 

14 SEC. 8017. None of the funds available to the De15 partment of Defense, herein and hereafter, may be used 

16 to demilitarize or dispose of M–1 Carbines, M–1 Garand 

17 rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or 

18 M–1911 pistols, or to demilitarize or destroy small arms 

19 ammunition or ammunition components that are not oth20 erwise prohibited from commercial sale under Federal law, 

21 unless the small arms ammunition or ammunition compo22 nents are certified by the Secretary of the Army or des23 ignee as unserviceable or unsafe for further use. 

24 SEC. 8018. No more than $500,000 of the funds ap25 propriated or made available in this Act shall be used durVerDate Mar 15 2010 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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1 ing a single fiscal year for any single relocation of an orga2 nization, unit, activity or function of the Department of 

3 Defense into or within the National Capital Region: Pro4 vided, That the Secretary of Defense may waive this re5 striction on a case-by-case basis by certifying in writing 

6 to the congressional defense committees that such a relo7 cation is required in the best interest of the Government. 

8 SEC. 8019. In addition to the funds provided else9 where in this Act, $15,000,000 is appropriated only for 

10 incentive payments authorized by section 504 of the In11 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

12 That a prime contractor or a subcontractor at any tier 

13 that makes a subcontract award to any subcontractor or 

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

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

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

17 of title 25, United States Code, shall be considered a con18 tractor for the purposes of being allowed additional com19 pensation under section 504 of the Indian Financing Act 

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

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

22 expenditure of funds appropriated by an Act making Ap23 propriations for the Department of Defense with respect 

24 to any fiscal year: Provided further, That notwithstanding 

25 section 1906 of title 41, United States Code, this section 


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1 shall be applicable to any Department of Defense acquisi2 tion of supplies or services, including any contract and any 

3 subcontract at any tier for acquisition of commercial items 

4 produced or manufactured, in whole or in part, by any 

5 subcontractor or supplier defined in section 1544 of title 

6 25, United States Code, or a small business owned and 

7 controlled by an individual or individuals defined under 

8 section 4221(9) of title 25, United States Code. 

9 SEC. 8020. Funds appropriated by this Act for the 

10 Defense Media Activity shall not be used for any national 

11 or international political or psychological activities. 

12 SEC. 8021. During the current fiscal year, the De13 partment of Defense is authorized to incur obligations of 

14 not to exceed $350,000,000 for purposes specified in sec15 tion 2350j(c) of title 10, United States Code, in anticipa16 tion of receipt of contributions, only from the Government 

17 of Kuwait, under that section: Provided, That upon re18 ceipt, such contributions from the Government of Kuwait 

19 shall be credited to the appropriations or fund which in20 curred such obligations. 

21 SEC. 8022. (a) Of the funds made available in this 

22 Act, not less than $30,945,000 shall be available for the 

23 Civil Air Patrol Corporation, of which— 

24 (1) $27,838,000 shall be available from ‘‘Oper25 ation and Maintenance, Air Force’’ to support Civil 


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1 Air Patrol Corporation operation and maintenance, 

2 readiness, counter-drug activities, and drug demand 

3 reduction activities involving youth programs; 

4 (2) $2,190,000 shall be available from ‘‘Aircraft 

5 Procurement, Air Force’’; and 

6 (3) $917,000 shall be available from ‘‘Other 

7 Procurement, Air Force’’ for vehicle procurement. 

8 (b) The Secretary of the Air Force should waive reim9 bursement for any funds used by the Civil Air Patrol for 

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

11 local government agencies. 

12 SEC. 8023. (a) None of the funds appropriated in this 

13 Act are available to establish a new Department of De14 fense (department) federally funded research and develop15 ment center (FFRDC), either as a new entity, or as a 

16 separate entity administrated by an organization man17 aging another FFRDC, or as a nonprofit membership cor18 poration consisting of a consortium of other FFRDCs and 

19 other nonprofit entities. 

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

21 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

23 and no paid consultant to any defense FFRDC, except 

24 when acting in a technical advisory capacity, may be com25 pensated for his or her services as a member of such entiVerDate Mar 15 2010 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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1 ty, or as a paid consultant by more than one FFRDC in 

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

3 referred to previously in this subsection shall be allowed 

4 travel expenses and per diem as authorized under the Fed5 eral Joint Travel Regulations, when engaged in the per6 formance of membership duties. 

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

8 of the funds available to the department from any source 

9 during fiscal year 2012 may be used by a defense FFRDC, 

10 through a fee or other payment mechanism, for construc11 tion of new buildings, for payment of cost sharing for 

12 projects funded by Government grants, for absorption of 

13 contract overruns, or for certain charitable contributions, 

14 not to include employee participation in community service 

15 and/or development. 

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

17 the funds available to the department during fiscal year 

18 2012, not more than 5,750 staff years of technical effort 

19 (staff years) may be funded for defense FFRDCs: Pro20 vided, That of the specific amount referred to previously 

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

22 be funded for the defense studies and analysis FFRDCs: 

23 Provided further, That this subsection shall not apply to 

24 staff years funded in the National Intelligence Program 

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


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1 (e) The Secretary of Defense shall, with the submis2 sion of the department’s fiscal year 2013 budget request, 

3 submit a report presenting the specific amounts of staff 

4 years of technical effort to be allocated for each defense 

5 FFRDC during that fiscal year and the associated budget 

6 estimates. 

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

8 the total amount appropriated in this Act for FFRDCs 

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

10 SEC. 8024. None of the funds appropriated or made 

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

12 or armor steel plate for use in any Government-owned fa13 cility or property under the control of the Department of 

14 Defense which were not melted and rolled in the United 

15 States or Canada: Provided, That these procurement re16 strictions shall apply to any and all Federal Supply Class 

17 9515, American Society of Testing and Materials (ASTM) 

18 or American Iron and Steel Institute (AISI) specifications 

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

20 That the Secretary of the military department responsible 

21 for the procurement may waive this restriction on a case22 by-case basis by certifying in writing to the Committees 

23 on Appropriations of the House of Representatives and the 

24 Senate that adequate domestic supplies are not available 

25 to meet Department of Defense requirements on a timely 


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

2 to acquire capability for national security purposes: Pro3 vided further, That these restrictions shall not apply to 

4 contracts which are in being as of the date of the enact5 ment of this Act. 

6 SEC. 8025. For the purposes of this Act, the term 

7 ‘‘congressional defense committees’’ means the Armed 

8 Services Committee of the House of Representatives, the 

9 Armed Services Committee of the Senate, the Sub10 committee on Defense of the Committee on Appropriations 

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

12 Committee on Appropriations of the House of Representa13 tives. 

14 SEC. 8026. During the current fiscal year, the De15 partment of Defense may acquire the modification, depot 

16 maintenance and repair of aircraft, vehicles and vessels 

17 as well as the production of components and other De18 fense-related articles, through competition between De19 partment of Defense depot maintenance activities and pri20 vate firms: Provided, That the Senior Acquisition Execu21 tive of the military department or Defense Agency con22 cerned, with power of delegation, shall certify that success23 ful bids include comparable estimates of all direct and in24 direct costs for both public and private bids: Provided fur25 ther, That Office of Management and Budget Circular A– 


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1 76 shall not apply to competitions conducted under this 

2 section. 

3 SEC. 8027. (a)(1) If the Secretary of Defense, after 

4 consultation with the United States Trade Representative, 

5 determines that a foreign country which is party to an 

6 agreement described in paragraph (2) has violated the 

7 terms of the agreement by discriminating against certain 

8 types of products produced in the United States that are 

9 covered by the agreement, the Secretary of Defense shall 

10 rescind the Secretary’s blanket waiver of the Buy Amer11 ican Act with respect to such types of products produced 

12 in that foreign country. 

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

14 reciprocal defense procurement memorandum of under15 standing, between the United States and a foreign country 

16 pursuant to which the Secretary of Defense has prospec17 tively waived the Buy American Act for certain products 

18 in that country. 

19 (b) The Secretary of Defense shall submit to the Con20 gress a report on the amount of Department of Defense 

21 purchases from foreign entities in fiscal year 2012. Such 

22 report shall separately indicate the dollar value of items 

23 for which the Buy American Act was waived pursuant to 

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

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


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1 international agreement to which the United States is a 

2 party. 

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

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

5 States Code. 

6 SEC. 8028. During the current fiscal year, amounts 

7 contained in the Department of Defense Overseas Military 

8 Facility Investment Recovery Account established by sec9 tion 2921(c)(1) of the National Defense Authorization Act 

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

11 be available until expended for the payments specified by 

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

13 SEC. 8029. (a) Notwithstanding any other provision 

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

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

16 tribes located in the States of Nevada, Idaho, North Da17 kota, South Dakota, Montana, Oregon, Minnesota, and 

18 Washington relocatable military housing units located at 

19 Grand Forks Air Force Base, Malmstrom Air Force Base, 

20 Mountain Home Air Force Base, Ellsworth Air Force 

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

22 needs of the Air Force. 

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

24 no cost to the Air Force, military housing units under sub25 section (a) in accordance with the request for such units 


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1 that are submitted to the Secretary by the Operation 

2 Walking Shield Program on behalf of Indian tribes located 

3 in the States of Nevada, Idaho, North Dakota, South Da4 kota, Montana, Oregon, Minnesota, and Washington. Any 

5 such conveyance shall be subject to the condition that the 

6 housing units shall be removed within a reasonable period 

7 of time, as determined by the Secretary. 

8 (c) The Operation Walking Shield Program shall re9 solve any conflicts among requests of Indian tribes for 

10 housing units under subsection (a) before submitting re11 quests to the Secretary of the Air Force under subsection 

12 (b). 

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

14 any recognized Indian tribe included on the current list 

15 published by the Secretary of the Interior under section 

16 104 of the Federally Recognized Indian Tribe Act of 1994 

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

18 1). 

19 SEC. 8030. During the current fiscal year, appropria20 tions which are available to the Department of Defense 

21 for operation and maintenance may be used to purchase 

22 items having an investment item unit cost of not more 

23 than $250,000. 

24 SEC. 8031. (a) During the current fiscal year, none 

25 of the appropriations or funds available to the Department 


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1 of Defense Working Capital Funds shall be used for the 

2 purchase of an investment item for the purpose of acquir3 ing a new inventory item for sale or anticipated sale dur4 ing the current fiscal year or a subsequent fiscal year to 

5 customers of the Department of Defense Working Capital 

6 Funds if such an item would not have been chargeable 

7 to the Department of Defense Business Operations Fund 

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

9 investment item would be chargeable during the current 

10 fiscal year to appropriations made to the Department of 

11 Defense for procurement. 

12 (b) The fiscal year 2013 budget request for the De13 partment of Defense as well as all justification material 

14 and other documentation supporting the fiscal year 2013 

15 Department of Defense budget shall be prepared and sub16 mitted to the Congress on the basis that any equipment 

17 which was classified as an end item and funded in a pro18 curement appropriation contained in this Act shall be 

19 budgeted for in a proposed fiscal year 2013 procurement 

20 appropriation and not in the supply management business 

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

22 Defense Working Capital Funds. 

23 SEC. 8032. None of the funds appropriated by this 

24 Act for programs of the Central Intelligence Agency shall 

25 remain available for obligation beyond the current fiscal 


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1 year, except for funds appropriated for the Reserve for 

2 Contingencies, which shall remain available until Sep3 tember 30, 2013: Provided, That funds appropriated, 

4 transferred, or otherwise credited to the Central Intel5 ligence Agency Central Services Working Capital Fund 

6 during this or any prior or subsequent fiscal year shall 

7 remain available until expended: Provided further, That 

8 any funds appropriated or transferred to the Central Intel9 ligence Agency for advanced research and development ac10 quisition, for agent operations, and for covert action pro11 grams authorized by the President under section 503 of 

12 the National Security Act of 1947, as amended, shall re13 main available until September 30, 2013. 

14 SEC. 8033. Notwithstanding any other provision of 

15 law, funds made available in this Act for the Defense In16 telligence Agency may be used for the design, develop17 ment, and deployment of General Defense Intelligence 

18 Program intelligence communications and intelligence in19 formation systems for the Services, the Unified and Speci20 fied Commands, and the component commands. 

21 SEC. 8034. Of the funds appropriated to the Depart22 ment of Defense under the heading ‘‘Operation and Main23 tenance, Defense-Wide’’, not less than $12,000,000 shall 

24 be made available only for the mitigation of environmental 

25 impacts, including training and technical assistance to 


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1 tribes, related administrative support, the gathering of in2 formation, documenting of environmental damage, and de3 veloping a system for prioritization of mitigation and cost 

4 to complete estimates for mitigation, on Indian lands re5 sulting from Department of Defense activities. 

6 SEC. 8035. (a) None of the funds appropriated in this 

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

8 Defense unless the entity, in expending the funds, com9 plies with the Buy American Act. For purposes of this 

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

11 83 of title 41, United States Code. 

12 (b) If the Secretary of Defense determines that a per13 son has been convicted of intentionally affixing a label 

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

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

16 in America, the Secretary shall determine, in accordance 

17 with section 2410f of title 10, United States Code, wheth18 er the person should be debarred from contracting with 

19 the Department of Defense. 

20 (c) In the case of any equipment or products pur21 chased with appropriations provided under this Act, it is 

22 the sense of the Congress that any entity of the Depart23 ment of Defense, in expending the appropriation, purchase 

24 only American-made equipment and products, provided 

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1 competitive, quality-competitive, and available in a timely 

2 fashion. 

3 SEC. 8036. None of the funds appropriated by this 

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

5 or consulting services entered into without competition on 

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

7 activity responsible for the procurement determines— 

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

9 only one source is found fully qualified to perform 

10 the proposed work; 

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

12 unsolicited proposal which offers significant sci13 entific or technological promise, represents the prod14 uct of original thinking, and was submitted in con15 fidence by one source; or 

16 (3) the purpose of the contract is to take ad17 vantage of unique and significant industrial accom18 plishment by a specific concern, or to ensure that a 

19 new product or idea of a specific concern is given fi20 nancial support: Provided, That this limitation shall 

21 not apply to contracts in an amount of less than 

22 $25,000, contracts related to improvements of equip23 ment that is in development or production, or con24 tracts as to which a civilian official of the Depart25 ment of Defense, who has been confirmed by the 


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1 Senate, determines that the award of such contract 

2 is in the interest of the national defense. 

3 SEC. 8037. (a) Except as provided in subsections (b) 

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

5 be used— 

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

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

8 Armed Forces or civilian employee of the depart9 ment who is transferred or reassigned from a head10 quarters activity if the member or employee’s place 

11 of duty remains at the location of that headquarters. 

12 (b) The Secretary of Defense or Secretary of a mili13 tary department may waive the limitations in subsection 

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

15 and certifies to the Committees on Appropriations of the 

16 House of Representatives and Senate that the granting 

17 of the waiver will reduce the personnel requirements or 

18 the financial requirements of the department. 

19 (c) This section does not apply to— 

20 (1) field operating agencies funded within the 

21 National Intelligence Program; 

22 (2) an Army field operating agency established 

23 to eliminate, mitigate, or counter the effects of im24 provised explosive devices, and, as determined by the 

25 Secretary of the Army, other similar threats; or 


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1 (3) an Army field operating agency established 

2 to improve the effectiveness and efficiencies of bio3 metric activities and to integrate common biometric 

4 technologies throughout the Department of Defense. 

5 SEC. 8038. The Secretary of Defense, notwith6 standing any other provision of law, acting through the 

7 Office of Economic Adjustment of the Department of De8 fense, may use funds made available in this Act under the 

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

10 make grants and supplement other Federal funds in ac11 cordance with the guidance provided in the explanatory 

12 statement regarding this Act. 

13 (RESCISSIONS)

14 SEC. 8039. Of the funds appropriated in Department 

15 of Defense Appropriations Acts, the following funds are 

16 hereby rescinded from the following accounts and pro17 grams in the specified amounts: 

18 ‘‘National Defense Sealift Fund’’, 2002/XXXX, 

19 $20,444,000. 

20 ‘‘National Defense Sealift Fund’’, 2003/XXXX, 

21 $8,500,000. 

22 ‘‘National Defense Sealift Fund’’, 2004/XXXX, 

23 $6,500,000. 

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

25 $90,000,000. 


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1 ‘‘Aircraft Procurement, Navy’’, 2011/2013, 

2 $55,000,000. 

3 ‘‘Weapons Procurement, Navy’’, 2011/2013, 

4 $35,427,000. 

5 ‘‘Procurement of Ammunition, Navy and Marine 

6 Corps’’, 2011/2013, $8,612,000. 

7 ‘‘Shipbuilding and Conversion, Navy’’, 2011/2015, 

8 $110,351,000. 

9 ‘‘Aircraft Procurement, Air Force’’, 2011/2013, 

10 $30,000,000. 

11 ‘‘Missile Procurement, Air Force’’, 2011/2013, 

12 $122,500,000. 

13 ‘‘Other Procurement, Air Force’’, 2011/2013, 

14 $90,000,000. 

15 ‘‘Procurement, Defense-Wide’’, 2011/2013, 

16 $45,000,000. 

17 ‘‘Research, Development, Test and Evaluation, 

18 Navy’’, 2011/2012, $34,771,000. 

19 ‘‘Research, Development, Test and Evaluation, Air 

20 Force’’, 2011/2012, $105,000,000. 

21 ‘‘Research, Development, Test and Evaluation, De22 fense-Wide’’, 2011/2012, $318,000,000. 

23 Notwithstanding any other provision of law, none of the 

24 funds provided may be used for the construction of addi25 tional sealift capacity, as described under the heading 


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1 ‘‘National Defense Sealift Fund’’ in Public Law 107–117, 

2 Public Law 107–248, and Public Law 108–87, or for the 

3 purposes described in section 115 of division H of Public 

4 Law 108–199, as amended by section 1017 of division A 

5 of Public Law 109–13. 

6 SEC. 8040. None of the funds available in this Act 

7 may be used to reduce the authorized positions for mili8 tary (civilian) technicians of the Army National Guard, 

9 Air National Guard, Army Reserve and Air Force Reserve 

10 for the purpose of applying any administratively imposed 

11 civilian personnel ceiling, freeze, or reduction on military 

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

13 result of a reduction in military force structure. 

14 SEC. 8041. None of the funds appropriated or other15 wise made available in this Act may be obligated or ex16 pended for assistance to the Democratic People’s Republic 

17 of Korea unless specifically appropriated for that purpose. 

18 SEC. 8042. Funds appropriated in this Act for oper19 ation and maintenance of the Military Departments, Com20 batant Commands and Defense Agencies shall be available 

21 for reimbursement of pay, allowances and other expenses 

22 which would otherwise be incurred against appropriations 

23 for the National Guard and Reserve when members of the 

24 National Guard and Reserve provide intelligence or coun25 terintelligence support to Combatant Commands, Defense 


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1 Agencies and Joint Intelligence Activities, including the 

2 activities and programs included within the National Intel3 ligence Program and the Military Intelligence Program: 

4 Provided, That nothing in this section authorizes deviation 

5 from established Reserve and National Guard personnel 

6 and training procedures. 

7 SEC. 8043. During the current fiscal year, none of 

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

9 the civilian medical and medical support personnel as10 signed to military treatment facilities below the September 

11 30, 2003, level: Provided, That the Service Surgeons Gen12 eral may waive this section by certifying to the congres13 sional defense committees that the beneficiary population 

14 is declining in some catchment areas and civilian strength 

15 reductions may be consistent with responsible resource 

16 stewardship and capitation-based budgeting. 

17 SEC. 8044. (a) None of the funds available to the 

18 Department of Defense for any fiscal year for drug inter19 diction or counter-drug activities may be transferred to 

20 any other department or agency of the United States ex21 cept as specifically provided in an appropriations law. 

22 (b) None of the funds available to the Central Intel23 ligence Agency for any fiscal year for drug interdiction 

24 and counter-drug activities may be transferred to any 


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1 other department or agency of the United States except 

2 as specifically provided in an appropriations law. 

3 SEC. 8045. None of the funds appropriated by this 

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

5 bearings other than those produced by a domestic source 

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

7 the military department responsible for such procurement 

8 may waive this restriction on a case-by-case basis by certi9 fying in writing to the Committees on Appropriations of 

10 the House of Representatives and the Senate, that ade11 quate domestic supplies are not available to meet Depart12 ment of Defense requirements on a timely basis and that 

13 such an acquisition must be made in order to acquire ca14 pability for national security purposes: Provided further, 

15 That this restriction shall not apply to the purchase of 

16 ‘‘commercial items’’, as defined by section 103 of title 41, 

17 United States Code, except that the restriction shall apply 

18 to ball or roller bearings purchased as end items. 

19 SEC. 8046. None of the funds in this Act may be 

20 used to purchase any supercomputer which is not manu21 factured in the United States, unless the Secretary of De22 fense certifies to the congressional defense committees 

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

24 capability for national security purposes that is not avail25 able from United States manufacturers. 


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1 SEC. 8047. None of the funds made available in this 

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

3 officer or employee of the Department of Defense who ap4 proves or implements the transfer of administrative re5 sponsibilities or budgetary resources of any program, 

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

7 of another Federal agency not financed by this Act with8 out the express authorization of Congress: Provided, That 

9 this limitation shall not apply to transfers of funds ex10 pressly provided for in Defense Appropriations Acts, or 

11 provisions of Acts providing supplemental appropriations 

12 for the Department of Defense. 

13 SEC. 8048. (a) Notwithstanding any other provision 

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

15 Defense for the current fiscal year may be obligated or 

16 expended to transfer to another nation or an international 

17 organization any defense articles or services (other than 

18 intelligence services) for use in the activities described in 

19 subsection (b) unless the congressional defense commit20 tees, the Committee on Foreign Affairs of the House of 

21 Representatives, and the Committee on Foreign Relations 

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

23 transfer. 

24 (b) This section applies to— 


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1 (1) any international peacekeeping or peace-en2 forcement operation under the authority of chapter 

3 VI or chapter VII of the United Nations Charter 

4 under the authority of a United Nations Security 

5 Council resolution; and 

6 (2) any other international peacekeeping, peace7 enforcement, or humanitarian assistance operation. 

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

9 following: 

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

11 services to be transferred. 

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

13 supplies, or services to be transferred. 

14 (3) In the case of a proposed transfer of equip15 ment or supplies— 

16 (A) a statement of whether the inventory 

17 requirements of all elements of the Armed 

18 Forces (including the reserve components) for 

19 the type of equipment or supplies to be trans20 ferred have been met; and 

21 (B) a statement of whether the items pro22 posed to be transferred will have to be replaced 

23 and, if so, how the President proposes to pro24 vide funds for such replacement. 


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1 SEC. 8049. None of the funds available to the De2 partment of Defense under this Act shall be obligated or 

3 expended to pay a contractor under a contract with the 

4 Department of Defense for costs of any amount paid by 

5 the contractor to an employee when— 

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

7 excess of the normal salary paid by the contractor 

8 to the employee; and 

9 (2) such bonus is part of restructuring costs as10 sociated with a business combination. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8050. During the current fiscal year, no more 

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

14 under the heading ‘‘Operation and Maintenance, Defense15 Wide’’ may be transferred to appropriations available for 

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

17 be available for the same time period as the appropriations 

18 to which transferred, to be used in support of such per19 sonnel in connection with support and services for eligible 

20 organizations and activities outside the Department of De21 fense pursuant to section 2012 of title 10, United States 

22 Code. 

23 SEC. 8051. During the current fiscal year, in the case 

24 of an appropriation account of the Department of Defense 

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1 pired or which has closed under the provisions of section 

2 1552 of title 31, United States Code, and which has a 

3 negative unliquidated or unexpended balance, an obliga4 tion or an adjustment of an obligation may be charged 

5 to any current appropriation account for the same purpose 

6 as the expired or closed account if— 

7 (1) the obligation would have been properly 

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

9 closed account before the end of the period of avail10 ability or closing of that account; 

11 (2) the obligation is not otherwise properly 

12 chargeable to any current appropriation account of 

13 the Department of Defense; and 

14 (3) in the case of an expired account, the obli15 gation is not chargeable to a current appropriation 

16 of the Department of Defense under the provisions 

17 of section 1405(b)(8) of the National Defense Au18 thorization Act for Fiscal Year 1991, Public Law 

19 101–510, as amended (31 U.S.C. 1551 note): Pro20 vided, That in the case of an expired account, if sub21 sequent review or investigation discloses that there 

22 was not in fact a negative unliquidated or unex23 pended balance in the account, any charge to a cur24 rent account under the authority of this section shall 

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1 count: Provided further, That the total amount 

2 charged to a current appropriation under this sec3 tion may not exceed an amount equal to 1 percent 

4 of the total appropriation for that account. 

5 SEC. 8052. (a) Notwithstanding any other provision 

6 of law, the Chief of the National Guard Bureau may per7 mit the use of equipment of the National Guard Distance 

8 Learning Project by any person or entity on a space-avail9 able, reimbursable basis. The Chief of the National Guard 

10 Bureau shall establish the amount of reimbursement for 

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

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

13 credited to funds available for the National Guard Dis14 tance Learning Project and be available to defray the costs 

15 associated with the use of equipment of the project under 

16 that subsection. Such funds shall be available for such 

17 purposes without fiscal year limitation. 

18 SEC. 8053. Using funds available by this Act or any 

19 other Act, the Secretary of the Air Force, pursuant to a 

20 determination under section 2690 of title 10, United 

21 States Code, may implement cost-effective agreements for 

22 required heating facility modernization in the 

23 Kaiserslautern Military Community in the Federal Repub24 lic of Germany: Provided, That in the City of 

25 Kaiserslautern and at the Rhine Ordnance Barracks area, 


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1 such agreements will include the use of United States an2 thracite as the base load energy for municipal district heat 

3 to the United States Defense installations: Provided fur4 ther, That at Landstuhl Army Regional Medical Center 

5 and Ramstein Air Base, furnished heat may be obtained 

6 from private, regional or municipal services, if provisions 

7 are included for the consideration of United States coal 

8 as an energy source. 

9 SEC. 8054. None of the funds appropriated in title 

10 IV of this Act may be used to procure end-items for deliv11 ery to military forces for operational training, operational 

12 use or inventory requirements: Provided, That this restric13 tion does not apply to end-items used in development, 

14 prototyping, and test activities preceding and leading to 

15 acceptance for operational use: Provided further, That this 

16 restriction does not apply to programs funded within the 

17 National Intelligence Program: Provided further, That the 

18 Secretary of Defense may waive this restriction on a case19 by-case basis by certifying in writing to the Committees 

20 on Appropriations of the House of Representatives and the 

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

22 so. 

23 SEC. 8055. None of the funds made available in this 

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

25 22A advanced tactical fighter to any foreign government: 


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1 Provided, That the Department of Defense may conduct 

2 or participate in studies, research, design and other activi3 ties to define and develop a future export version of the 

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

5 technologies and U.S. warfighting capabilities. 

6 SEC. 8056. (a) The Secretary of Defense may, on a 

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

8 each limitation on the procurement of defense items from 

9 foreign sources provided in law if the Secretary determines 

10 that the application of the limitation with respect to that 

11 country would invalidate cooperative programs entered 

12 into between the Department of Defense and the foreign 

13 country, or would invalidate reciprocal trade agreements 

14 for the procurement of defense items entered into under 

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

16 country does not discriminate against the same or similar 

17 defense items produced in the United States for that coun18 try. 

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

20 (1) contracts and subcontracts entered into on 

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

22 (2) options for the procurement of items that 

23 are exercised after such date under contracts that 

24 are entered into before such date if the option prices 


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1 are adjusted for any reason other than the applica2 tion of a waiver granted under subsection (a). 

3 (c) Subsection (a) does not apply to a limitation re4 garding construction of public vessels, ball and roller bear5 ings, food, and clothing or textile materials as defined by 

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

7 Schedule and products classified under headings 4010, 

8 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

9 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

11 SEC. 8057. (a) None of the funds made available by 

12 this Act may be used to support any training program in13 volving a unit of the security forces or police of a foreign 

14 country if the Secretary of Defense has received credible 

15 information from the Department of State that the unit 

16 has committed a gross violation of human rights, unless 

17 all necessary corrective steps have been taken. 

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

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

20 to conduct any training program referred to in subsection 

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

22 available to the Department of State relating to human 

23 rights violations by foreign security forces. 

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

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1 section (a) if he determines that such waiver is required 

2 by extraordinary circumstances. 

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

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

5 submit a report to the congressional defense committees 

6 describing the extraordinary circumstances, the purpose 

7 and duration of the training program, the United States 

8 forces and the foreign security forces involved in the train9 ing program, and the information relating to human rights 

10 violations that necessitates the waiver. 

11 SEC. 8058. None of the funds appropriated or other12 wise made available by this or other Department of De13 fense Appropriations Acts may be obligated or expended 

14 for the purpose of performing repairs or maintenance to 

15 military family housing units of the Department of De16 fense, including areas in such military family housing 

17 units that may be used for the purpose of conducting offi18 cial Department of Defense business. 

19 SEC. 8059. Notwithstanding any other provision of 

20 law, funds appropriated in this Act under the heading 

21 ‘‘Research, Development, Test and Evaluation, Defense22 Wide’’ for any new start advanced concept technology 

23 demonstration project or joint capability demonstration 

24 project may only be obligated 30 days after a report, in25 cluding a description of the project, the planned acquisiVerDate Mar 15 2010 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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1 tion and transition strategy, and its estimated annual and 

2 total cost, has been provided in writing to the congres3 sional defense committees: Provided, That the Secretary 

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

5 basis by certifying to the congressional defense committees 

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

7 SEC. 8060. The Secretary of Defense shall provide 

8 a classified quarterly report beginning 30 days after enact9 ment of this Act, to the House and Senate Appropriations 

10 Committees, Subcommittees on Defense on certain mat11 ters as directed in the classified annex accompanying this 

12 Act. 

13 SEC. 8061. During the current fiscal year, none of 

14 the funds available to the Department of Defense may be 

15 used to provide support to another department or agency 

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

17 than 90 days in arrears in making payment to the Depart18 ment of Defense for goods or services previously provided 

19 to such department or agency on a reimbursable basis: 

20 Provided, That this restriction shall not apply if the de21 partment is authorized by law to provide support to such 

22 department or agency on a nonreimbursable basis, and is 

23 providing the requested support pursuant to such author24 ity: Provided further, That the Secretary of Defense may 

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


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1 in writing to the Committees on Appropriations of the 

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

3 national security interest to do so. 

4 SEC. 8062. Notwithstanding section 12310(b) of title 

5 10, United States Code, a Reserve who is a member of 

6 the National Guard serving on full-time National Guard 

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

8 may perform duties in support of the ground-based ele9 ments of the National Ballistic Missile Defense System. 

10 SEC. 8063. None of the funds provided in this Act 

11 may be used to transfer to any nongovernmental entity 

12 ammunition held by the Department of Defense that has 

13 a center-fire cartridge and a United States military no14 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

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

17 entity performing demilitarization services for the Depart18 ment of Defense under a contract that requires the entity 

19 to demonstrate to the satisfaction of the Department of 

20 Defense that armor piercing projectiles are either: (1) ren21 dered incapable of reuse by the demilitarization process; 

22 or (2) used to manufacture ammunition pursuant to a con23 tract with the Department of Defense or the manufacture 

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1 manent Export of Unclassified Military Articles issued by 

2 the Department of State. 

3 SEC. 8064. Notwithstanding any other provision of 

4 law, the Chief of the National Guard Bureau, or his des5 ignee, may waive payment of all or part of the consider6 ation that otherwise would be required under section 2667 

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

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

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

10 United States Code, or any other youth, social, or fra11 ternal nonprofit organization as may be approved by the 

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

13 a case-by-case basis. 

14 SEC. 8065. None of the funds appropriated by this 

15 Act shall be used for the support of any nonappropriated 

16 funds activity of the Department of Defense that procures 

17 malt beverages and wine with nonappropriated funds for 

18 resale (including such alcoholic beverages sold by the 

19 drink) on a military installation located in the United 

20 States unless such malt beverages and wine are procured 

21 within that State, or in the case of the District of Colum22 bia, within the District of Columbia, in which the military 

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

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

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1 tion is located: Provided further, That such local procure2 ment requirements for malt beverages and wine shall 

3 apply to all alcoholic beverages only for military installa4 tions in States which are not contiguous with another 

5 State: Provided further, That alcoholic beverages other 

6 than wine and malt beverages, in contiguous States and 

7 the District of Columbia shall be procured from the most 

8 competitive source, price and other factors considered. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8066. Of the amounts appropriated in this Act 

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

12 $124,493,000 shall remain available until expended: Pro13 vided, That notwithstanding any other provision of law, 

14 the Secretary of Defense is authorized to transfer such 

15 funds to other activities of the Federal Government: Pro16 vided further, That the Secretary of Defense is authorized 

17 to enter into and carry out contracts for the acquisition 

18 of real property, construction, personal services, and oper19 ations related to projects carrying out the purposes of this 

20 section: Provided further, That contracts entered into 

21 under the authority of this section may provide for such 

22 indemnification as the Secretary determines to be nec23 essary: Provided further, That projects authorized by this 

24 section shall comply with applicable Federal, State, and 


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1 local law to the maximum extent consistent with the na2 tional security, as determined by the Secretary of Defense. 

3 SEC. 8067. Section 8106 of the Department of De4 fense Appropriations Act, 1997 (titles I through VIII of 

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

6 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con7 tinue in effect to apply to disbursements that are made 

8 by the Department of Defense in fiscal year 2012. 

9 SEC. 8068. In addition to amounts provided else10 where in this Act, $4,000,000 is hereby appropriated to 

11 the Department of Defense, to remain available for obliga12 tion until expended: Provided, That notwithstanding any 

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

14 Secretary of Defense that it shall serve the national inter15 est, these funds shall be available only for a grant to the 

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

17 and furnishing of additional Fisher Houses to meet the 

18 needs of military family members when confronted with 

19 the illness or hospitalization of an eligible military bene20 ficiary. 

21 (INCLUDING TRANSFER OF FUNDS)

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

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

24 ‘‘Research, Development, Test and Evaluation, Defense25 Wide’’, $235,700,000 shall be for the Israeli Cooperative 


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1 Programs: Provided, That of this amount, $110,500,000 

2 shall be for the Short Range Ballistic Missile Defense 

3 (SRBMD) program, including cruise missile defense re4 search and development under the SRBMD program, of 

5 which $15,000,000 shall be for production activities of 

6 David Sling Weapon System missiles in the United States 

7 and in Israel to meet Israel’s defense requirements, con8 sistent with each nation’s laws, regulations, and proce9 dures, $66,200,000 shall be available for an upper-tier 

10 component to the Israeli Missile Defense architecture, and 

11 $59,000,000 shall be for the Arrow System Improvement 

12 Program including development of a long range, ground 

13 and airborne, detection suite: Provided further, That funds 

14 made available under this provision for production of mis15 siles and missile components may be transferred to appro16 priations available for the procurement of weapons and 

17 equipment, to be merged with and to be available for the 

18 same time period and the same purposes as the appropria19 tion to which transferred: Provided further, That the 

20 transfer authority provided under this provision is in addi21 tion to any other transfer authority contained in this Act. 

22 SEC. 8070. None of the funds available to the De23 partment of Defense may be obligated to modify command 

24 and control relationships to give Fleet Forces Command 

25 administrative and operational control of United States 


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1 Navy forces assigned to the Pacific fleet: Provided, That 

2 the command and control relationships which existed on 

3 October 1, 2004, shall remain in force unless changes are 

4 specifically authorized in a subsequent Act. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8071. Of the amounts appropriated in this Act 

7 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

8 $73,992,000 shall be available until September 30, 2012, 

9 to fund prior year shipbuilding cost increases: Provided, 

10 That upon enactment of this Act, the Secretary of the 

11 Navy shall transfer funds to the following appropriations 

12 in the amounts specified: Provided further, That the 

13 amounts transferred shall be merged with and be available 

14 for the same purposes as the appropriations to which 

15 transferred: 

16 To: 

17 Under the heading ‘‘Shipbuilding and Conver18 sion, Navy, 2005/2012’’: LPD–17 Amphibious 

19 Transport Dock Program $18,627,000. 

20 Under the heading ‘‘Shipbuilding and Conver21 sion, Navy, 2006/2012’’: LPD–17 Amphibious 

22 Transport Dock Program $23,437,000. 

23 Under the heading ‘‘Shipbuilding and Conver24 sion, Navy, 2008/2012’’: LPD–17 Amphibious 

25 Transport Dock Program $31,928,000. 


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1 SEC. 8072. Notwithstanding any other provision of 

2 law or regulation, the Secretary of Defense may exercise 

3 the provisions of section 7403(g) of title 38, United States 

4 Code, for occupations listed in section 7403(a)(2) of title 

5 38, United States Code, as well as the following: 

6 Pharmacists, Audiologists, Psychologists, Social 

7 Workers, Othotists/Prosthetists, Occupational 

8 Therapists, Physical Therapists, Rehabilitation 

9 Therapists, Respiratory Therapists, Speech Patholo10 gists, Dietitian/Nutritionists, Industrial Hygienists, 

11 Psychology Technicians, Social Service Assistants, 

12 Practical Nurses, Nursing Assistants, and Dental 

13 Hygienists: 

14 (1) The requirements of section 

15 7403(g)(1)(A) of title 38, United States 

16 Code, shall apply. 

17 (2) The limitations of section 

18 7403(g)(1)(B) of title 38, United States 

19 Code, shall not apply. 

20 SEC. 8073. Funds appropriated by this Act, or made 

21 available by the transfer of funds in this Act, for intel22 ligence activities are deemed to be specifically authorized 

23 by the Congress for purposes of section 504 of the Na24 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 


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1 year 2012 until the enactment of the Intelligence Author2 ization Act for Fiscal Year 2012. 

3 SEC. 8074. None of the funds provided in this Act 

4 shall be available for obligation or expenditure through a 

5 reprogramming of funds that creates or initiates a new 

6 program, project, or activity unless such program, project, 

7 or activity must be undertaken immediately in the interest 

8 of national security and only after written prior notifica9 tion to the congressional defense committees. 

10 SEC. 8075. The budget of the President for fiscal 

11 year 2013 submitted to the Congress pursuant to section 

12 1105 of title 31, United States Code, shall include sepa13 rate budget justification documents for costs of United 

14 States Armed Forces’ participation in contingency oper15 ations for the Military Personnel accounts, the Operation 

16 and Maintenance accounts, and the Procurement ac17 counts: Provided, That these documents shall include a de18 scription of the funding requested for each contingency op19 eration, for each military service, to include all Active and 

20 Reserve components, and for each appropriations account: 

21 Provided further, That these documents shall include esti22 mated costs for each element of expense or object class, 

23 a reconciliation of increases and decreases for each contin24 gency operation, and programmatic data including, but 

25 not limited to, troop strength for each Active and Reserve 


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1 component, and estimates of the major weapons systems 

2 deployed in support of each contingency: Provided further, 

3 That these documents shall include budget exhibits OP– 

4 5 and OP–32 (as defined in the Department of Defense 

5 Financial Management Regulation) for all contingency op6 erations for the budget year and the two preceding fiscal 

7 years. 

8 SEC. 8076. None of the funds in this Act may be 

9 used for research, development, test, evaluation, procure10 ment or deployment of nuclear armed interceptors of a 

11 missile defense system. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8077. In addition to the amounts appropriated 

14 or otherwise made available elsewhere in this Act, 

15 $44,000,000 is hereby appropriated to the Department of 

16 Defense: Provided, That upon the determination of the 

17 Secretary of Defense that it shall serve the national inter18 est, he shall make grants in the amounts specified as fol19 lows: $20,000,000 to the United Service Organizations 

20 and $24,000,000 to the Red Cross. 

21 SEC. 8078. None of the funds appropriated or made 

22 available in this Act shall be used to reduce or disestablish 

23 the operation of the 53rd Weather Reconnaissance Squad24 ron of the Air Force Reserve, if such action would reduce 

25 the WC–130 Weather Reconnaissance mission below the 


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1 levels funded in this Act: Provided, That the Air Force 

2 shall allow the 53rd Weather Reconnaissance Squadron to 

3 perform other missions in support of national defense re4 quirements during the non-hurricane season. 

5 SEC. 8079. None of the funds provided in this Act 

6 shall be available for integration of foreign intelligence in7 formation unless the information has been lawfully col8 lected and processed during the conduct of authorized for9 eign intelligence activities: Provided, That information 

10 pertaining to United States persons shall only be handled 

11 in accordance with protections provided in the Fourth 

12 Amendment of the United States Constitution as imple13 mented through Executive Order No. 12333. 

14 SEC. 8080. (a) At the time members of reserve com15 ponents of the Armed Forces are called or ordered to ac16 tive duty under section 12302(a) of title 10, United States 

17 Code, each member shall be notified in writing of the ex18 pected period during which the member will be mobilized. 

19 (b) The Secretary of Defense may waive the require20 ments of subsection (a) in any case in which the Secretary 

21 determines that it is necessary to do so to respond to a 

22 national security emergency or to meet dire operational 

23 requirements of the Armed Forces. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8081. The Secretary of Defense may transfer 

3 funds from any available Department of the Navy appro4 priation to any available Navy ship construction appro5 priation for the purpose of liquidating necessary changes 

6 resulting from inflation, market fluctuations, or rate ad7 justments for any ship construction program appropriated 

8 in law: Provided, That the Secretary may transfer not to 

9 exceed $100,000,000 under the authority provided by this 

10 section: Provided further, That the Secretary may not 

11 transfer any funds until 30 days after the proposed trans12 fer has been reported to the Committees on Appropria13 tions of the House of Representatives and the Senate un14 less a response from the Committees is received sooner: 

15 Provided further, That any funds transferred pursuant to 

16 this section shall retain the same period of availability as 

17 when originally appropriated: Provided further, That the 

18 transfer authority provided by this section is in addition 

19 to any other transfer authority contained elsewhere in this 

20 Act. 

21 SEC. 8082. For purposes of section 7108 of title 41, 

22 United States Code, any subdivision of appropriations 

23 made under the heading ‘‘Shipbuilding and Conversion, 

24 Navy’’ that is not closed at the time reimbursement is 

25 made shall be available to reimburse the Judgment Fund 


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1 and shall be considered for the same purposes as any sub2 division under the heading ‘‘Shipbuilding and Conversion, 

3 Navy’’ appropriations in the current fiscal year or any 

4 prior fiscal year. 

5 SEC. 8083. (a) None of the funds appropriated by 

6 this Act may be used to transfer research and develop7 ment, acquisition, or other program authority relating to 

8 current tactical unmanned aerial vehicles (TUAVs) from 

9 the Army. 

10 (b) The Army shall retain responsibility for and oper11 ational control of the MQ–1C Sky Warrior Unmanned 

12 Aerial Vehicle (UAV) in order to support the Secretary 

13 of Defense in matters relating to the employment of un14 manned aerial vehicles. 

15 SEC. 8084. Up to $15,000,000 of the funds appro16 priated under the heading ‘‘Operation and Maintenance, 

17 Navy’’ may be made available for the Asia Pacific Re18 gional Initiative Program for the purpose of enabling the 

19 Pacific Command to execute Theater Security Cooperation 

20 activities such as humanitarian assistance, and payment 

21 of incremental and personnel costs of training and exer22 cising with foreign security forces: Provided, That funds 

23 made available for this purpose may be used, notwith24 standing any other funding authorities for humanitarian 

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1 penses: Provided further, That funds may not be obligated 

2 to provide assistance to any foreign country that is other3 wise prohibited from receiving such type of assistance 

4 under any other provision of law. 

5 SEC. 8085. None of the funds appropriated by this 

6 Act for programs of the Office of the Director of National 

7 Intelligence shall remain available for obligation beyond 

8 the current fiscal year, except for funds appropriated for 

9 research and technology, which shall remain available until 

10 September 30, 2013. 

11 SEC. 8086. For purposes of section 1553(b) of title 

12 31, United States Code, any subdivision of appropriations 

13 made in this Act under the heading ‘‘Shipbuilding and 

14 Conversion, Navy’’ shall be considered to be for the same 

15 purpose as any subdivision under the heading ‘‘Ship16 building and Conversion, Navy’’ appropriations in any 

17 prior fiscal year, and the 1 percent limitation shall apply 

18 to the total amount of the appropriation. 

19 SEC. 8087. Notwithstanding any other provision of 

20 law, not more than 35 percent of funds provided in this 

21 Act for environmental remediation may be obligated under 

22 indefinite delivery/indefinite quantity contracts with a 

23 total contract value of $130,000,000 or higher. 

24 SEC. 8088. The Director of National Intelligence 

25 shall include the budget exhibits identified in paragraphs 


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1 (1) and (2) as described in the Department of Defense 

2 Financial Management Regulation with the congressional 

3 budget justification books: 

4 (1) For procurement programs requesting more 

5 than $10,000,000 in any fiscal year, the P–1, Pro6 curement Program; P–5, Cost Analysis; P–5a, Pro7 curement History and Planning; P–21, Production 

8 Schedule; and P–40, Budget Item Justification. 

9 (2) For research, development, test and evalua10 tion projects requesting more than $5,000,000 in 

11 any fiscal year, the R–1, RDT&E Program; R–2, 

12 RDT&E Budget Item Justification; R–3, RDT&E 

13 Project Cost Analysis; and R–4, RDT&E Program 

14 Schedule Profile. 

15 SEC. 8089. The Secretary of Defense shall create a 

16 major force program category for space for each future17 years defense program of the Department of Defense sub18 mitted to Congress under section 221 of title 10, United 

19 States Code, during fiscal year 2012. The Secretary of De20 fense shall designate an official in the Office of the Sec21 retary of Defense to provide overall supervision of the 

22 preparation and justification of program recommendations 

23 and budget proposals to be included in such major force 

24 program category. 


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1 SEC. 8090. (a) Not later than 60 days after enact2 ment of this Act, the Director of National Intelligence 

3 shall submit a report to the congressional intelligence com4 mittees to establish the baseline for application of re5 programming and transfer authorities pursuant to section 

6 8092 of this Act for fiscal year 2012: Provided, That the 

7 report shall include— 

8 (1) a table for each appropriation with a sepa9 rate column to display the President’s budget re10 quest, adjustments made by Congress, adjustments 

11 due to enacted rescissions, if appropriate, and the 

12 fiscal year enacted level; 

13 (2) a delineation in the table for each appro14 priation by Expenditure Center, project, and sub15 project; and 

16 (3) an identification of items of special congres17 sional interest. 

18 (b) None of the funds provided for the National Intel19 ligence Program in this Act shall be available for re20 programming or transfer pursuant to section 8092 of this 

21 Act until the report identified in subsection (a) is sub22 mitted to the congressional intelligence committees, unless 

23 the Director of National Intelligence certifies in writing 

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1 mittees that such reprogramming or transfer is necessary 

2 as an emergency requirement. 

3 SEC. 8091. (a) None of the funds provided for the 

4 National Intelligence Program in this or any prior appro5 priations Act shall be available for obligation or expendi6 ture through a reprogramming or transfer of funds in ac7 cordance with section 102A(d) of the National Security 

8 Act of 1947 (50 U.S.C. 403–1(d)) that— 

9 (1) creates a new program, project, or sub10 project; 

11 (2) eliminates a program, project, or subproject; 

12 (3) increases funds or personnel by any means 

13 for any program, project, or subproject; 

14 (4) for which funds have been denied or re15 stricted; 

16 (5) relocates an office or employees; or 

17 (6) reorganizes or renames an office, 

18 unless the Committees on Appropriations of the House of 

19 Representatives and the Senate are notified 15 days in 

20 advance of such reprogramming of funds. 

21 (b) None of the funds provided for the National Intel22 ligence Program in this or any prior appropriations Act 

23 shall be available for obligation or expenditure through a 

24 reprogramming or transfer of funds in accordance with 

25 section 102A(d) of the National Security Act of 1947 (50 


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1 U.S.C. 403–1(d)) in excess of $1,000,000 or 10 percent, 

2 whichever is less, that— 

3 (1) augments existing programs, projects, or 

4 subprojects; 

5 (2) reduces by 10 percent funding for any exist6 ing program, project, or subproject or the number of 

7 personnel by 10 percent as approved by Congress; or 

8 (3) results from any general savings, including 

9 savings from a reduction in personnel costs, which 

10 would result in a change in existing programs, 

11 projects, or subprojects as approved by Congress, 

12 unless the Appropriations Committees of both Houses of 

13 Congress are notified 15 days in advance of such re14 programming of funds. 

15 SEC. 8092. The Director of National Intelligence 

16 shall submit to Congress each year, at or about the time 

17 that the President’s budget is submitted to Congress that 

18 year under section 1105(a) of title 31, United States 

19 Code, a future-years intelligence program (including asso20 ciated annexes) reflecting the estimated expenditures and 

21 proposed appropriations included in that budget. Any such 

22 future-years intelligence program shall cover the fiscal 

23 year with respect to which the budget is submitted and 

24 at least the four succeeding fiscal years. 


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1 SEC. 8093. For the purposes of this Act, the term 

2 ‘‘congressional intelligence committees’’ means the Perma3 nent Select Committee on Intelligence of the House of 

4 Representatives, the Select Committee on Intelligence of 

5 the Senate, the Subcommittee on Defense of the Com6 mittee on Appropriations of the House of Representatives, 

7 and the Subcommittee on Defense of the Committee on 

8 Appropriations of the Senate. 

9 SEC. 8094. The Department of Defense shall con10 tinue to report incremental contingency operations costs 

11 for Operation New Dawn and Operation Enduring Free12 dom on a monthly basis in the Cost of War Execution 

13 Report as prescribed in the Department of Defense Finan14 cial Management Regulation Department of Defense In15 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

16 Operations’’, Annex 1, dated September 2005. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8095. During the current fiscal year, not to ex19 ceed $11,000,000 from each of the appropriations made 

20 in title II of this Act for ‘‘Operation and Maintenance, 

21 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper22 ation and Maintenance, Air Force’’ may be transferred by 

23 the military department concerned to its central fund es24 tablished for Fisher Houses and Suites pursuant to sec25 tion 2493(d) of title 10, United States Code. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8096. Of the funds appropriated in the Intel3 ligence Community Management Account for the Program 

4 Manager for the Information Sharing Environment, 

5 $22,000,000 is available for transfer by the Director of 

6 National Intelligence to other departments and agencies 

7 for purposes of Government-wide information sharing ac8 tivities: Provided, That funds transferred under this provi9 sion are to be merged with and available for the same pur10 poses and time period as the appropriation to which trans11 ferred: Provided further, That the Office of Management 

12 and Budget must approve any transfers made under this 

13 section: Provided further, That the Director of National 

14 Intelligence shall notify the Committees on Appropriations 

15 of the House of Representatives and the Senate of such 

16 transfers pursuant to section pursuant to the reprogram17 ming procedures established in sections 8090 and 8091. 

18 SEC. 8097. Funds appropriated by this Act for oper19 ation and maintenance may be available for the purpose 

20 of making remittances to the Defense Acquisition Work21 force Development Fund in accordance with the require22 ments of section 1705 of title 10, United States Code. 

23 SEC. 8098. (a) Any agency receiving funds made 

24 available in this Act, shall, subject to subsections (b) and 

25 (c), post on the public website of that agency any report 


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1 required to be submitted by the Congress in this or any 

2 other Act, upon the determination by the head of the agen3 cy that it shall serve the national interest. 

4 (b) Subsection (a) shall not apply to a report if— 

5 (1) the public posting of the report com6 promises national security; or 

7 (2) the report contains proprietary information. 

8 (c) The head of the agency posting such report shall 

9 do so only after such report has been made available to 

10 the requesting Committee or Committees of Congress for 

11 no less than 45 days. 

12 SEC. 8099. (a) None of the funds appropriated or 

13 otherwise made available by this Act may be expended for 

14 any Federal contract for an amount in excess of 

15 $1,000,000, unless the contractor agrees not to— 

16 (1) enter into any agreement with any of its 

17 employees or independent contractors that requires, 

18 as a condition of employment, that the employee or 

19 independent contractor agree to resolve through ar20 bitration any claim under title VII of the Civil 

21 Rights Act of 1964 or any tort related to or arising 

22 out of sexual assault or harassment, including as23 sault and battery, intentional infliction of emotional 

24 distress, false imprisonment, or negligent hiring, su25 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 SEC. 8100. (a)(1) No National Intelligence Program 

20 funds appropriated in this Act may be used for a mission 

21 critical or mission essential business management infor22 mation technology system that is not registered with the 

23 Director of National Intelligence. A system shall be con24 sidered to be registered with that officer upon the fur25 nishing notice of the system, together with such informaVerDate Mar 15 2010 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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1 tion concerning the system as the Director of the Business 

2 Transformation Office may prescribe. 

3 (2) During the fiscal year 2012 no funds may be obli4 gated or expended for a financial management automated 

5 information system, a mixed information system sup6 porting financial and non-financial systems, or a business 

7 system improvement of more than $3,000,000, within the 

8 intelligence community without the approval of the Busi9 ness Transformation Investment Review Board. 

10 (b) This section shall not apply to any programmatic 

11 or analytic systems or programmatic or analytic system 

12 improvements. 

13 SEC. 8101. None of the funds made available under 

14 this Act may be distributed to the Association of Commu15 nity Organizations for Reform Now (ACORN) or its sub16 sidiaries. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8102. Within the funds appropriated for oper19 ation and maintenance for the Defense Health Program 

20 in this Act, up to $132,200,000, shall be available for 

21 transfer to the Joint Department of Defense—Depart22 ment of Veterans Affairs Medical Facility Demonstration 

23 Fund in accordance with the provisions of section 1704 

24 of the National Defense Authorization Act for Fiscal Year 

25 2010, Public Law 111–84: Provided, That for purposes 


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1 of section 1704(b), the facility operations funded are oper2 ations of the integrated Captain James A. Lovell Federal 

3 Health Care Center, consisting of the North Chicago Vet4 erans Affairs Medical Center, the Navy Ambulatory Care 

5 Center, and supporting facilities designated as a combined 

6 Federal medical facility as described by section 706 of 

7 Public Law 110–417: Provided further, That additional 

8 funds may be transferred from funds appropriated for op9 eration and maintenance for the Defense Health Program 

10 to the Joint Department of Defense-Department of Vet11 erans Affairs Medical Facility Demonstration Fund upon 

12 written notification by the Secretary of Defense to the 

13 Committees on Appropriations of the House of Represent14 atives and the Senate. 

15 SEC. 8103. The Secretaries of the Army, Navy, Air 

16 Force, and the Directors of the Defense Agencies and 

17 Field Activities (in coordination with the appropriate Prin18 cipal Staff Assistant), in coordination with the Under Sec19 retary of Defense for Personnel and Readiness, shall re20 port to the congressional defense committees within 60 

21 days of enactment of this Act their plan for documenting 

22 the number of full-time contractor employees (or its equiv23 alent), as required by United States Code title 10, section 

24 2330a. 


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1 SEC. 8104. Section 310(b) of the Supplemental Ap2 propriations Act, 2009 (Public Law 111–32; 124 Stat. 

3 1871), as amended by Public Law 112–10, is amended 

4 by striking ‘‘2 years’’ both places it appears and inserting 

5 ‘‘3 years’’. 

6 SEC. 8105. The Office of the Director of National 

7 Intelligence shall not employ more Senior Executive and 

8 General Schedule 15 equivalent employees than are speci9 fied in the classified annex: Provided, That, notwith10 standing any other provision of law, the Office of the Di11 rector of National Intelligence shall select individuals for 

12 Senior Executive positions in a manner consistent with all 

13 requirements established in statute and all Office of Per14 sonnel Management regulations, guidance and procedures 

15 governing the appointment of individuals to the Senior Ex16 ecutive Service for other Federal agencies: Provided fur17 ther, That the Director of National Intelligence shall cer18 tify within 90 days of enactment of this Act to the Com19 mittees on Appropriations of the House of Representatives 

20 and the Senate that the Office of the Director of National 

21 Intelligence, in consultation with the Director of the Office 

22 of Personnel Management, has revised it selection process 

23 for Senior Executive positions to conform with Office of 

24 Personnel Management regulations, requirements, and 

25 procedures: Provided further, That during fiscal year 


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1 2012, the Office of the Director of National Intelligence 

2 shall not appoint any individual to a Senior Executive po3 sition if that person was not serving in a Senior Executive 

4 position in fiscal year 2011 until the Director of National 

5 Intelligence has submitted its new policies and procedures 

6 to the Committees on Appropriations of the House of Rep7 resentatives and the Senate. 

8 SEC. 8106. None of the funds appropriated or other9 wise made available by this Act may be obligated or ex10 pended to pay a retired general or flag officer to serve 

11 as a senior mentor advising the Department of Defense 

12 unless such retired officer files a Standard Form 278 (or 

13 successor form concerning public financial disclosure 

14 under part 2634 of title 5, Code of Federal Regulations) 

15 to the Office of Government Ethics. 

16 SEC. 8107. Appropriations available to the Depart17 ment of Defense may be used for the purchase of heavy 

18 and light armored vehicles for the physical security of per19 sonnel or for force protection purposes up to a limit of 

20 $250,000 per vehicle, notwithstanding price or other limi21 tations applicable to the purchase of passenger carrying 

22 vehicles. 

23 SEC. 8108. Of the amounts appropriated for Military 

24 Personnel under title I of the Act, not to exceed 1 percent 


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1 of each appropriation shall remain available until Sep2 tember 30, 2013. 

3 SEC. 8109. Of the amounts appropriated for ‘‘Oper4 ation and Maintenance, Defense-Wide’’, $33,000,000 shall 

5 be available to the Secretary of Defense, notwithstanding 

6 any other provision of law, acting through the Office of 

7 Economic Adjustment of the Department of Defense, to 

8 make grants, conclude cooperative agreements, and sup9 plement other Federal funds, to remain available until ex10 pended, to assist the civilian population of Guam in re11 sponse to the military buildup of Guam, to include ad12 dressing the need for vehicles and supplies for civilian stu13 dent transportation, preservation and repository of arti14 facts unearthed during military construction, and con15 struction of a mental health and substance abuse facility. 

16 SEC. 8110. None of the funds made available by this 

17 Act may be used by the Secretary of Defense to operate 

18 more than 1,000 parking spaces provided by the combina19 tion spaces provided by the BRAC 133 project and the 

20 lease of spaces in the immediate vicinity of the BRAC 133 

21 project. 

22 SEC. 8111. (a) None of the funds provided in this 

23 title for Operation and Maintenance may be available for 

24 obligation or expenditure to relocate Air Force program 

25 offices, or acquisition management functions of major 


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1 weapons systems, to a central location, or to any location 

2 other than the Air Force Material Command site where 

3 they are currently located until 30 days after the Sec4 retary of the Air Force submits the initial report under 

5 subsection (b). 

6 (b) The Secretary of the Air Force shall submit to 

7 the congressional defense committees a report which in8 cludes the following: a listing of all Air Force Material 

9 Command functions to be transferred and an identifica10 tion of the locations where these functions will be trans11 ferred from and to; a listing of all Air Force Material 

12 Command personnel positions to be transferred and an 

13 identification of the locations these positions will be trans14 ferred from and to; and the cost benefit analysis and the 

15 life-cycle cost analysis underpinning the Secretary of the 

16 Air Forces decisions to relocate Air Force Material Com17 mand functions and personnel. 

18 SEC. 8112. Not later than 120 days after the date 

19 of the enactment of this Act, the Secretary of Defense 

20 shall resume monthly reporting of the numbers of civilian 

21 personnel end strength by appropriation account for each 

22 and every appropriation account used to finance Federal 

23 civilian personnel salaries to the congressional defense 

24 committees. 


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1 SEC. 8113. In addition to amounts provided else2 where in this Act, $10,000,000 is hereby appropriated, for 

3 an additional amount for ‘‘Research, Development, Test 

4 and Evaluation, Army’’, to remain available until Sep5 tember 30, 2013. Such funds may be available for the Sec6 retary of the Army to conduct research on alternative en7 ergy resources for deployed forces. 

8 SEC. 8114. (a) None of the funds appropriated in this 

9 Act for the National Intelligence Program or the Military 

10 Intelligence Program are available to establish a new fed11 erally funded research and development center (FFRDC), 

12 either as a new entity, or as a separate entity adminis13 trated by an organization managing another FFRDC, or 

14 as a nonprofit membership corporation consisting of a con15 sortium of other FFRDCs and other nonprofit entities. 

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

17 Overseers, Advisory Group, Special Issues Panel, Visiting 

18 Committee, or any similar entity of a defense or intel19 ligence FFRDC, and no paid consultant to any defense 

20 or intelligence FFRDC, except when acting in a technical 

21 advisory capacity, may be compensated for his or her serv22 ices as a member of such entity, or as a paid consultant 

23 by more than one FFRDC in a fiscal year: Provided, That 

24 a member of any such entity referred to previously in this 

25 subsection shall be allowed travel expenses and per diem 


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1 as authorized under the Federal Joint Travel Regulations, 

2 when engaged in the performance of membership duties. 

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

4 of the funds available to a National Intelligence Program 

5 or Military Intelligence Program from any source during 

6 fiscal year 2012 may be used by a defense or intelligence 

7 FFRDC, through a fee or other payment mechanism, for 

8 construction of new buildings, for payment of cost sharing 

9 for projects funded by Government grants, for absorption 

10 of contract overruns, or for certain charitable contribu11 tions, not to include employee participation in community 

12 service and/or development. 

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

14 the funds available to the National Intelligence Program 

15 or Military Intelligence Program during fiscal year 2012, 

16 the total level of funding and staff years of technical effort 

17 (staff years) for FFRDCs shall not exceed the allocation 

18 included in the classified annex accompanying this Act. 

19 (e) The Secretary of Defense and the Director of Na20 tional Intelligence shall, with the submission of the fiscal 

21 year 2013 budget request, submit a report presenting the 

22 specific amounts of staff years of technical effort to be 

23 allocated for each FFRDC during that fiscal year and the 

24 associated budget estimates for the National Intelligence 

25 Programs and Military Intelligence Programs: Provided, 


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1 That such information shall be provided in a classified 

2 manner. 

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

4 the total amount appropriated in this Act for National In5 telligence Program and Military Intelligence Program 

6 FFRDCs is hereby reduced by the amount specified in the 

7 classified annex. 

8 SEC. 8115. The Secretary of Defense shall study and 

9 report to the Congressional Defense Committees the feasi10 bility of using commercially available telecommunications 

11 expense management solutions across the Department of 

12 Defense by March 1, 2012. 

13 SEC. 8116. None of the funds appropriated in this 

14 or any other Act may be used to plan, prepare for, or oth15 erwise take any action to undertake or implement the sep16 aration of the National Intelligence Program budget from 

17 the Department of Defense budget. 

18 SEC. 8117. None of the funds appropriated in title 

19 II in this Act for ‘‘Operation and Maintenance’’ may be 

20 used for Information Operations/Military Information 

21 Support Operations activities. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8118. Upon a determination by the Director of 

24 National Intelligence that such action is necessary and in 

25 the national interest, the Director may, with the approval 


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1 of the Office of Management and Budget, transfer not to 

2 exceed $1,000,000,000 of the funds made available in this 

3 Act to the intelligence community and the associated 

4 Agencies for intelligence functions (except military con5 struction) between such appropriations or funds or any 

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

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

8 the appropriation or fund to which transferred: Provided, 

9 That such authority to transfer may not be used unless 

10 for higher priority items, based on unforeseen intelligence 

11 requirements, than those for which originally appropriated 

12 and in no case where the item for which funds are re13 quested has been denied by the Congress: Provided further, 

14 That such transfers shall be made only in accordance with 

15 sections 8091 and 8092 of the Act: Provided further, That 

16 no part of the funds in this Act shall be available to pre17 pare or present a request to the Committees on Appropria18 tions of the House of Representatives and Senate for re19 programming of funds, unless for higher priority items, 

20 based on unforeseen military requirements, than those for 

21 which originally appropriated and in no case where the 

22 item for which reprogramming is requested has been de23 nied by the Congress: Provided further, That a request for 

24 multiple reprogrammings of funds using authority pro25 vided in this section shall be made prior to June 30, 2012. 


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1 SEC. 8119. Notwithstanding any other provision of 

2 this Act, to reflect savings from revised economic assump3 tions, the total amount appropriated in title II of this Act 

4 is hereby reduced by $501,800,000, the total amount ap5 propriated in title III of this Act is hereby reduced by 

6 $484,800,000, and the total amount appropriated in title 

7 IV of this Act is hereby reduced by $323,500,000: Pro8 vided, That the Secretary of Defense shall allocate this 

9 reduction proportionally to each budget activity, activity 

10 group, subactivity group, and each program, project, and 

11 activity, within each appropriation account. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8120. In addition to amounts provided else14 where in this Act, there is appropriated $250,000,000, for 

15 an additional amount for ‘‘Operation and Maintenance, 

16 Defense-Wide’’, to be available until expended: Provided, 

17 That such funds shall only be available to the Secretary 

18 of Defense, acting through the Office of Economic Adjust19 ment of the Department of Defense, or for transfer to the 

20 Secretary of Education, notwithstanding any other provi21 sion of law, to make grants, conclude cooperative agree22 ments, or supplement other Federal funds to construct, 

23 renovate, repair, or expand elementary and secondary pub24 lic schools on military installations in order to address ca25 pacity or facility condition deficiencies at such schools: 


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1 Provided further, That in making such funds available, the 

2 Office of Economic Adjustment or the Secretary of Edu3 cation shall give priority consideration to those military 

4 installations with schools having the most serious capacity 

5 or facility condition deficiencies as determined by the Sec6 retary of Defense. 

7 SEC. 8121. None of the funds appropriated or other8 wise made available in this or any other Act may be used 

9 to transfer, release, or assist in the transfer or release to 

10 or within the United States, its territories, or possessions 

11 Khalid Sheikh Mohammed or any other detainee who— 

12 (1) is not a United States citizen or a member 

13 of the Armed Forces; and 

14 (2) is or was held on or after June 24, 2009, 

15 at the United States Naval Station, Guantanamo 

16 Bay, Cuba, by the Department of Defense. 

17 SEC. 8122. (a)(1) Except as provided in paragraph 

18 (2), none of the funds appropriated or otherwise made 

19 available in this or any other Act may be used to transfer 

20 any individual detained at Guantanamo to the custody or 

21 effective control of the individual’s country of origin, any 

22 other foreign country, or any other foreign entity unless 

23 the Secretary of Defense submits to Congress the certifi24 cation described in subsection (b) by not later than 30 

25 days before the transfer of the individual. 


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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 reengage in any terrorist activity; 

6 (6) has agreed to share any information with 

7 the United States that— 

8 (A) is related to the individual or any asso9 ciates of the individual; and 

10 (B) could affect the security of the United 

11 States, its citizens, or its allies; and 

12 (7) has agreed to allow appropriate agencies of 

13 the United States to have access to the individual, 

14 if requested. 

15 (c)(1) Except as provided in paragraph (3), none of 

16 the funds appropriated or otherwise made available in this 

17 or any other Act may be used to transfer any individual 

18 detained at Guantanamo to the custody or effective control 

19 of the individual’s country of origin, any other foreign 

20 country, or any other foreign entity if there is a confirmed 

21 case of any individual who was detained at United States 

22 Naval Station, Guantanamo Bay, Cuba, at any time after 

23 September 11, 2001, who was transferred to the foreign 

24 country or entity and subsequently engaged in any ter25 rorist activity. 


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1 (2) The Secretary of Defense may waive the prohibi2 tion in paragraph (1) if the Secretary determines that 

3 such a transfer is in the national security interests of the 

4 United States and includes, as part of the certification de5 scribed in subsection (b) relating to such transfer, the de6 termination of the Secretary under this paragraph. 

7 (3) Paragraph (1) shall not apply to any action taken 

8 by the Secretary to transfer any individual detained at 

9 Guantanamo to effectuate an order affecting the disposi10 tion of the individual that is issued by a court or com11 petent tribunal of the United States having lawful jurisdic12 tion. The Secretary shall notify Congress promptly upon 

13 issuance of any such order. 

14 (d) For the purposes of this section: 

15 (1) The term ‘‘individual detained at Guanta16 namo’’ means any individual who is located at 

17 United States Naval Station, Guantanamo Bay, 

18 Cuba, as of October 1, 2009, who— 

19 (A) is not a citizen of the United States or 

20 a member of the Armed Forces of the United 

21 States; and 

22 (B) is— 

23 (i) in the custody or under the effec24 tive control of the Department of Defense; 

25 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 or any other Act may 

10 be used to modify any facility in the United States, its 

11 territories, or possessions to house any individual de12 scribed in subsection (c) for the purposes of detention or 

13 imprisonment in the custody or under the effective control 

14 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 SEC. 8124. (a) IN GENERAL.—Of the funds made 

6 available to the Department of Defense under ‘‘Operation 

7 and Maintenance, Defense-Wide’’ in title II, $1,000,000 

8 shall be available to the Department to commission 

9 through a competitive, independent, private sector entity 

10 that is an organization described in section 501(c)(3) of 

11 the Internal Revenue Code of 1986 and exempt from tax 

12 under section 501(a) of such Code, and has recognized 

13 credentials and expertise in military affairs, to conduct a 

14 forward-looking, independent assessment of the current 

15 and prospective situation on the ground in Afghanistan 

16 and Pakistan, its impact on the surrounding region, and 

17 its consequences for United States interests. The entity 

18 shall examine 4 broad topic areas to include the strategic 

19 environment in and around Afghanistan and Pakistan, as 

20 well as security, political, and economic and reconstruction 

21 developments in those 2 countries. 

22 (b) REPORT.—Not later than 120 days after the date 

23 of the enactment of this Act, the entity described in sub24 section (a) shall submit to the President and the Congress 

25 a report on the assessment conducted under subsection 


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1 (a), including relevant policy recommendations relating 

2 thereto. 

3 (c) SENSE OF CONGRESS.—It is the sense of Con4 gress that the entity described in subsection (a) should 

5 be modeled on the Iraq Study Group. 

6 SEC. 8125. Not later than 90 days after the date of 

7 the enactment of this Act, the Secretary of Defense shall 

8 submit to the congressional defense committees a report 

9 on the approximately $100,000,000,000 in efficiency sav10 ings identified by the military departments in the defense 

11 budget covering fiscal years 2012 through 2016 that are 

12 to be reinvested in the priorities of the military depart13 ments. Such report shall include an analysis of— 

14 (1) each savings identified by the military de15 partments, including— 

16 (A) the budget account from which such 

17 savings will be derived; 

18 (B) the number of military personnel and 

19 full-time civilian employees of the Federal Gov20 ernment affected by such savings; 

21 (C) the estimated reductions in the number 

22 and funding of contractor personnel caused by 

23 such savings; and 

24 (D) a specific description of activities or 

25 services that will be affected by such savings, 


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1 including the locations of such activities or serv2 ices; and 

3 (2) each reinvestment planned to be funded 

4 with such savings, including— 

5 (A) with respect to such reinvestment in 

6 procurement and research, development, test 

7 and evaluation accounts, the budget account to 

8 which such savings will be reinvested, including, 

9 by line item, the number of items to be pro10 cured, as shown in annual P–1 and R–1 docu11 ments; 

12 (B) with respect to such reinvestment in 

13 military personnel and operation and mainte14 nance accounts, the budget account and the 

15 subactivity (as shown in annual–1 and O–1 

16 budget documents) to which such savings will 

17 be reinvested; 

18 (C) the number of military personnel and 

19 full-time civilian employees of the Federal Gov20 ernment affected by such reinvestment; 

21 (D) the estimated number and funding of 

22 contractor personnel affected by such reinvest23 ment; and 

24 (E) a specific description of activities or 

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1 ment, including the locations of such activities 

2 or services. 

3 SEC. 8126. None of the funds made available by this 

4 Act may be used to enter into a contract, memorandum 

5 of understanding, or cooperative agreement with, make a 

6 grant to, or provide a loan or loan guarantee to, any cor7 poration that any unpaid Federal tax liability that has 

8 been assessed, for which all judicial and administrative 

9 remedies have been exhausted or have lapsed, and that 

10 is not being paid in a timely manner pursuant to an agree11 ment with the authority responsible for collecting the tax 

12 liability. 

13 SEC. 8127. None of the funds made available by this 

14 Act may be used to enter into a contract, memorandum 

15 of understanding, or cooperative agreement with, make a 

16 grant to, or provide a loan or loan guarantee to, any cor17 poration that was convicted of a felony criminal violation 

18 under any Federal law within the preceding 24 months. 

19 TITLE IX 

20 OVERSEAS CONTINGENCY OPERATIONS 

21 MILITARY PERSONNEL 

22 MILITARY PERSONNEL, ARMY

23 For an additional amount for ‘‘Military Personnel, 

24 Army’’, $6,822,635,000: Provided, That each amount in 

25 this paragraph is designated as being for the global war 


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1 on terrorism pursuant to section 301 of H. Con. Res. 34 

2 (112th Congress). 

3 MILITARY PERSONNEL, NAVY

4 For an additional amount for ‘‘Military Personnel, 

5 Navy’’, $919,034,000: Provided, That each amount in this 

6 paragraph is designated as being for the global war on 

7 terrorism pursuant to section 301 of H. Con. Res. 34 

8 (112th Congress). 

9 MILITARY PERSONNEL, MARINE CORPS

10 For an additional amount for ‘‘Military Personnel, 

11 Marine Corps’’, $675,360,000: Provided, That each 

12 amount in this paragraph is designated as being for the 

13 global war on terrorism pursuant to section 301 of H. 

14 Con. Res. 34 (112th Congress). 

15 MILITARY PERSONNEL, AIR FORCE

16 For an additional amount for ‘‘Military Personnel, 

17 Air Force’’, $1,436,353,000: Provided, That each amount 

18 in this paragraph is designated as being for the global war 

19 on terrorism pursuant to section 301 of H. Con. Res. 34 

20 (112th Congress). 

21 RESERVE PERSONNEL, ARMY

22 For an additional amount for ‘‘Reserve Personnel, 

23 Army’’, $207,162,000: Provided, That each amount in this 

24 paragraph is designated as being for the global war on 


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1 terrorism pursuant to section 301 of H. Con. Res. 34 

2 (112th Congress). 

3 RESERVE PERSONNEL, NAVY

4 For an additional amount for ‘‘Reserve Personnel, 

5 Navy’’, $44,530,000: Provided, That each amount in this 

6 paragraph is designated as being for the global war on 

7 terrorism pursuant to section 301 of H. Con. Res. 34 

8 (112th Congress). 

9 RESERVE PERSONNEL, MARINE CORPS

10 For an additional amount for ‘‘Reserve Personnel, 

11 Marine Corps’’, $25,421,000: Provided, That each amount 

12 in this paragraph is designated as being for the global war 

13 on terrorism pursuant to section 301 of H. Con. Res. 34 

14 (112th Congress). 

15 RESERVE PERSONNEL, AIR FORCE

16 For an additional amount for ‘‘Reserve Personnel, 

17 Air Force’’, $26,815,000: Provided, That each amount in 

18 this paragraph is designated as being for the global war 

19 on terrorism pursuant to section 301 of H. Con. Res. 34 

20 (112th Congress). 

21 NATIONAL GUARD PERSONNEL, ARMY

22 For an additional amount for ‘‘National Guard Per23 sonnel, Army’’, $646,879,000: Provided, That each 

24 amount in this paragraph is designated as being for the 


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1 global war on terrorism pursuant to section 301 of H. 

2 Con. Res. 34 (112th Congress). 

3 NATIONAL GUARD PERSONNEL, AIR FORCE

4 For an additional amount for ‘‘National Guard Per5 sonnel, Air Force’’, $9,435,000: Provided, That each 

6 amount in this paragraph is designated as being for the 

7 global war on terrorism pursuant to section 301 of H. 

8 Con. Res. 34 (112th Congress). 

9 OPERATION AND MAINTENANCE 

10 OPERATION AND MAINTENANCE, ARMY

11 For an additional amount for ‘‘Operation and Main12 tenance, Army’’, $39,175,755,000: Provided, That each 

13 amount in this paragraph is designated as being for the 

14 global war on terrorism pursuant to section 301 of H. 

15 Con. Res. 34 (112th Congress). 

16 OPERATION AND MAINTENANCE, NAVY

17 For an additional amount for ‘‘Operation and Main18 tenance, Navy’’, $6,749,489,000: Provided, That each 

19 amount in this paragraph is designated as being for the 

20 global war on terrorism pursuant to section 301 of H. 

21 Con. Res. 34 (112th Congress). 

22 OPERATION AND MAINTENANCE, MARINE CORPS

23 For an additional amount for ‘‘Operation and Main24 tenance, Marine Corps’’, $3,571,210,000: Provided, That 

25 each amount in this paragraph is designated as being for 


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1 the global war on terrorism pursuant to section 301 of 

2 H. Con. Res. 34 (112th Congress). 

3 OPERATION AND MAINTENANCE, AIR FORCE

4 For an additional amount for ‘‘Operation and Main5 tenance, Air Force’’, $10,739,587,000: Provided, That 

6 each amount in this paragraph is designated as being for 

7 the global war on terrorism pursuant to section 301 of 

8 H. Con. Res. 34 (112th Congress). 

9 OPERATION AND MAINTENANCE, DEFENSE-WIDE

10 For an additional amount for ‘‘Operation and Main11 tenance, Defense-Wide’’, $9,312,876,000: Provided, That 

12 each amount in this paragraph is designated as being for 

13 the global war on terrorism pursuant to section 301 of 

14 H. Con. Res. 34 (112th Congress): Provided further, That 

15 of the funds provided under this heading: 

16 (1) Not to exceed $12,500,000 for the Combat17 ant Commander Initiative Fund, to be used in sup18 port of Operation New Dawn and Operation Endur19 ing Freedom. 

20 (2) Not to exceed $1,750,000,000, to remain 

21 available until expended, for payments to reimburse 

22 key cooperating nations for logistical, military, and 

23 other support, including access provided to United 

24 States military operations in support of Operation 

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1 withstanding any other provision of law: Provided, 

2 That such reimbursement payments may be made in 

3 such amounts as the Secretary of Defense, with the 

4 concurrence of the Secretary of State, and in con5 sultation with the Director of the Office of Manage6 ment and Budget, may determine, in his discretion, 

7 based on documentation determined by the Secretary 

8 of Defense to adequately account for the support 

9 provided, and such determination is final and con10 clusive upon the accounting officers of the United 

11 States, and 15 days following notification to the ap12 propriate congressional committees: Provided further, 

13 That the requirement to provide notification shall 

14 not apply with respect to a reimbursement for access 

15 based on an international agreement: Provided fur16 ther, That these funds may be used for the purpose 

17 of providing specialized training and procuring sup18 plies and specialized equipment and providing such 

19 supplies and loaning such equipment on a non-reim20 bursable basis to coalition forces supporting United 

21 States military operations in Iraq and Afghanistan, 

22 and 15 days following notification to the appropriate 

23 congressional committees: Provided further, That the 

24 Secretary of Defense shall provide quarterly reports 


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1 to the congressional defense committees on the use 

2 of funds provided in this paragraph. 

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Army Reserve’’, $217,500,000: Provided, That 

6 each amount in this paragraph is designated as being for 

7 the global war on terrorism pursuant to section 301 of 

8 H. Con. Res. 34 (112th Congress). 

9 OPERATION AND MAINTENANCE, NAVY RESERVE

10 For an additional amount for ‘‘Operation and Main11 tenance, Navy Reserve’’, $74,148,000: Provided, That 

12 each amount in this paragraph is designated as being for 

13 the global war on terrorism pursuant to section 301 of 

14 H. Con. Res. 34 (112th Congress). 

15 OPERATION AND MAINTENANCE, MARINE CORPS

16 RESERVE

17 For an additional amount for ‘‘Operation and Main18 tenance, Marine Corps Reserve’’, $36,084,000: Provided, 

19 That each amount in this paragraph is designated as 

20 being for the global war on terrorism pursuant to section 

21 301 of H. Con. Res. 34 (112th Congress). 

22 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

23 For an additional amount for ‘‘Operation and Main24 tenance, Air Force Reserve’’, $142,050,000: Provided, 

25 That each amount in this paragraph is designated as 


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1 being for the global war on terrorism pursuant to section 

2 301 of H. Con. Res. 34 (112th Congress). 

3 OPERATION AND MAINTENANCE, ARMY NATIONAL

4 GUARD

5 For an additional amount for ‘‘Operation and Main6 tenance, Army National Guard’’, $387,544,000: Provided, 

7 That each amount in this paragraph is designated as 

8 being for the global war on terrorism pursuant to section 

9 301 of H. Con. Res. 34 (112th Congress). 

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For an additional amount for ‘‘Operation and Main12 tenance, Air National Guard’’, $34,050,000: Provided, 

13 That each amount in this paragraph is designated as 

14 being for the global war on terrorism pursuant to section 

15 301 of H. Con. Res. 34 (112th Congress). 

16 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 In addition to amounts provided elsewhere in this 

19 Act, there is appropriated $5,000,000,000 for the ‘‘Over20 seas Contingency Operations Transfer Fund’’ for expenses 

21 directly relating to overseas contingency operations by 

22 United States military forces, to be available until ex23 pended: Provided, That each amount in this paragraph is 

24 designated as being for the global war on terrorism pursu25 ant to section 301 of H. Con. Res. 34 (112th Congress): 


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1 Provided further, That of the funds made available in this 

2 section, the Secretary of Defense may transfer these funds 

3 only to military personnel accounts, operation and mainte4 nance accounts, procurement accounts, and working cap5 ital fund accounts: Provided further, That the funds trans6 ferred shall be merged with and shall be available for the 

7 same purposes and for the same time period, as the appro8 priation to which transferred: Provided further, that the 

9 Secretary shall notify the congressional defense commit10 tees 15 days prior to such transfer: Provided further, That 

11 the transfer authority provided under this heading is in 

12 addition to any other transfer authority available to the 

13 Department of Defense: Provided further, That upon a de14 termination that all or part of the funds transferred from 

15 this appropriation are not necessary for the purposes pro16 vided herein, such amounts may be transferred back to 

17 this appropriation and shall be available for the same pur18 poses and for the same time period as originally appro19 priated. 

20 AFGHANISTAN INFRASTRUCTURE FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 There is hereby established in the Treasury of the 

23 United States the ‘‘Afghanistan Infrastructure Fund’’. 

24 For the ‘‘Afghanistan Infrastructure Fund’’, 

25 $475,000,000, to remain available until September 30, 


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1 2013: Provided, That such sums shall be available for in2 frastructure projects in Afghanistan, notwithstanding any 

3 other provision of law, which shall be undertaken by the 

4 Secretary of State, unless the Secretary of State and the 

5 Secretary of Defense jointly decide that a specific project 

6 will be undertaken by the Department of Defense: Pro7 vided further, That the infrastructure referred to in the 

8 preceding proviso is in support of the counterinsurgency 

9 strategy, requiring funding for facility and infrastructure 

10 projects, including, but not limited to, water, power, and 

11 transportation projects and related maintenance and 

12 sustainment costs: Provided further, That the authority to 

13 undertake such infrastructure projects is in addition to 

14 any other authority to provide assistance to foreign na15 tions: Provided further, That any projects funded by this 

16 appropriation shall be jointly formulated and concurred in 

17 by the Secretary of State and Secretary of Defense: Pro18 vided further, That funds may be transferred to the De19 partment of State for purposes of undertaking projects, 

20 which funds shall be considered to be economic assistance 

21 under the Foreign Assistance Act of 1961 for purposes 

22 of making available the administrative authorities con23 tained in that Act: Provided further, That the transfer au24 thority in the preceding proviso is in addition to any other 

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1 fer funds: Provided further, That any unexpended funds 

2 transferred to the Secretary of State under this authority 

3 shall be returned to the Afghanistan Infrastructure Fund 

4 if the Secretary of State, in coordination with the Sec5 retary of Defense, determines that the project cannot be 

6 implemented for any reason, or that the project no longer 

7 supports the counterinsurgency strategy in Afghanistan: 

8 Provided further, That any funds returned to the Sec9 retary of Defense under the previous proviso shall be avail10 able for use under this appropriation and shall be treated 

11 in the same manner as funds not transferred to the Sec12 retary of State: Provided further, That contributions of 

13 funds for the purposes provided herein to the Secretary 

14 of State in accordance with section 635(d) of the Foreign 

15 Assistance Act from any person, foreign government, or 

16 international organization may be credited to this Fund, 

17 to remain available until expended, and used for such pur18 poses: Provided further, That the Secretary of Defense 

19 shall, not fewer than 15 days prior to making transfers 

20 to or from, or obligations from the Fund, notify the appro21 priate committees of Congress in writing of the details of 

22 any such transfer: Provided further, That for the purpose 

23 of the section the ‘‘appropriate committees of Congress’’ 

24 are the Committees on Armed Services, Foreign Relations 

25 and Appropriations of the Senate and the Committees on 


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1 Armed Services, Foreign Affairs and Appropriations of the 

2 House of Representatives: Provided further, That each 

3 amount in this paragraph is designated as being for the 

4 global war on terrorism pursuant to section 301 of H. 

5 Con. Res. 34 (112th Congress). 

6 AFGHANISTAN SECURITY FORCES FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 For the ‘‘Afghanistan Security Forces Fund’’, 

9 $12,800,000,000 (reduced by $35,000,000), to remain 

10 available until September 30, 2013: Provided, That such 

11 funds shall be available to the Secretary of Defense, not12 withstanding any other provision of law, for the purpose 

13 of allowing the Commander, Combined Security Transi14 tion Command—Afghanistan, or the Secretary’s designee, 

15 to provide assistance, with the concurrence of the Sec16 retary of State, to the security forces of Afghanistan, in17 cluding the provision of equipment, supplies, services, 

18 training, facility and infrastructure repair, renovation, and 

19 construction, and funding: Provided further, That the au20 thority to provide assistance under this heading is in addi21 tion to any other authority to provide assistance to foreign 

22 nations: Provided further, That up to $15,000,000 of these 

23 funds may be available for coalition police trainer life sup24 port costs: Provided further, That contributions of funds 

25 for the purposes provided herein from any person, foreign 


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1 government, or international organization may be credited 

2 to this Fund and used for such purposes: Provided further, 

3 That the Secretary of Defense shall notify the congres4 sional defense committees in writing upon the receipt and 

5 upon the obligation of any contribution, delineating the 

6 sources and amounts of the funds received and the specific 

7 use of such contributions: Provided further, That the Sec8 retary of Defense shall, not fewer than 15 days prior to 

9 obligating from this appropriation account, notify the con10 gressional defense committees in writing of the details of 

11 any such obligation: Provided further, That the Secretary 

12 of Defense shall notify the congressional defense commit13 tees of any proposed new projects or transfer of funds be14 tween budget sub-activity groups in excess of 

15 $20,000,000: Provided further, That each amount in this 

16 paragraph is designated as being for the global war on 

17 terrorism pursuant to section 301 of H. Con. Res. 34 

18 (112th Congress). 

19 PAKISTAN COUNTERINSURGENCY FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For the ‘‘Pakistan Counterinsurgency Fund’’, 

22 $1,100,000,000, to remain available until September 30, 

23 2013: Provided, That such funds shall be available to the 

24 Secretary of Defense, with the concurrence of the Sec25 retary of State, notwithstanding any other provision of 


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1 law, for the purpose of allowing the Secretary of Defense, 

2 or the Secretary’s designee, to provide assistance to Paki3 stan’s security forces; including program management and 

4 the provision of equipment, supplies, services, training, 

5 and funds; and facility and infrastructure repair, renova6 tion, and construction to build the counterinsurgency ca7 pability of Pakistan’s military and Frontier Corps: Pro8 vided further, That the authority to provide assistance 

9 under this provision is in addition to any other authority 

10 to provide assistance to foreign nations: Provided further, 

11 That the Secretary of Defense may transfer funds pro12 vided herein to appropriations for operation and mainte13 nance; procurement; research, development, test and eval14 uation; defense working capital funds; and to the Depart15 ment of State, Pakistan Counterinsurgency Capability 

16 Fund to accomplish the purpose provided herein: Provided 

17 further, That the transfer authority in the preceding pro18 viso is in addition to any other authority available to the 

19 Department of Defense to transfer funds: Provided fur20 ther, That funds so transferred shall be merged with and 

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

22 period as the appropriation or fund to which transferred: 

23 Provided further, That the Secretary of Defense shall, not 

24 fewer than 15 days prior to making transfers from this 

25 appropriation account, notify the Committees on ApproVerDate Mar 15 2010 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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1 priations in writing of the details of any such transfer: 

2 Provided further, That each amount in this paragraph is 

3 designated as being for the global war on terrorism pursu4 ant to section 301 of H. Con. Res. 34 (112th Congress). 

5 PROCUREMENT 

6 AIRCRAFT PROCUREMENT, ARMY

7 For an additional amount for ‘‘Aircraft Procurement, 

8 Army’’, $387,900,000, to remain available until Sep9 tember 30, 2014: Provided, That each amount in this 

10 paragraph is designated as being for the global war on 

11 terrorism pursuant to section 301 of H. Con. Res. 34 

12 (112th Congress). 

13 MISSILE PROCUREMENT, ARMY

14 For an additional amount for ‘‘Missile Procurement, 

15 Army’’, $118,412,000, to remain available until Sep16 tember 30, 2014: Provided, That each amount in this 

17 paragraph is designated as being for the global war on 

18 terrorism pursuant to section 301 of H. Con. Res. 34 

19 (112th Congress). 

20 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

21 VEHICLES, ARMY

22 For an additional amount for ‘‘Procurement of Weap23 ons and Tracked Combat Vehicles, Army’’, $37,117,000, 

24 to remain available until September 30, 2014: Provided, 

25 That each amount in this paragraph is designated as 


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1 being for the global war on terrorism pursuant to section 

2 301 of H. Con. Res. 34 (112th Congress). 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For an additional amount for ‘‘Procurement of Am5 munition, Army’’, $208,381,000, to remain available until 

6 September 30, 2014: Provided, That each amount in this 

7 paragraph is designated as being for the global war on 

8 terrorism pursuant to section 301 of H. Con. Res. 34 

9 (112th Congress). 

10 OTHER PROCUREMENT, ARMY

11 For an additional amount for ‘‘Other Procurement, 

12 Army’’, $1,398,195,000, to remain available until Sep13 tember 30, 2014: Provided, That each amount in this 

14 paragraph is designated as being for the global war on 

15 terrorism pursuant to section 301 of H. Con. Res. 34 

16 (112th Congress). 

17 AIRCRAFT PROCUREMENT, NAVY

18 For an additional amount for ‘‘Aircraft Procurement, 

19 Navy’’, $492,060,000, to remain available until September 

20 30, 2014: Provided, That each amount in this paragraph 

21 is designated as being for the global war on terrorism pur22 suant to section 301 of H. Con. Res. 34 (112th Congress). 

23 WEAPONS PROCUREMENT, NAVY

24 For an additional amount for ‘‘Weapons Procure25 ment, Navy’’, $41,070,000, to remain available until SepVerDate Mar 15 2010 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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1 tember 30, 2014: Provided, That each amount in this 

2 paragraph is designated as being for the global war on 

3 terrorism pursuant to section 301 of H. Con. Res. 34 

4 (112th Congress). 

5 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

6 CORPS

7 For an additional amount for ‘‘Procurement of Am8 munition, Navy and Marine Corps’’, $317,100,000, to re9 main available until September 30, 2014: Provided, That 

10 each amount in this paragraph is designated as being for 

11 the global war on terrorism pursuant to section 301 of 

12 H. Con. Res. 34 (112th Congress). 

13 OTHER PROCUREMENT, NAVY

14 For an additional amount for ‘‘Other Procurement, 

15 Navy’’, $249,514,000, to remain available until September 

16 30, 2014: Provided, That each amount in this paragraph 

17 is designated as being for the global war on terrorism pur18 suant to section 301 of H. Con. Res. 34 (112th Congress). 

19 PROCUREMENT, MARINE CORPS

20 For an additional amount for ‘‘Procurement, Marine 

21 Corps’’, $1,183,996,000, to remain available until Sep22 tember 30, 2014: Provided, That each amount in this 

23 paragraph is designated as being for the global war on 

24 terrorism pursuant to section 301 of H. Con. Res. 34 

25 (112th Congress). 


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1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Air Force’’, $440,265,000, to remain available until Sep4 tember 30, 2014: Provided, That each amount in this 

5 paragraph is designated as being for the global war on 

6 terrorism pursuant to section 301 of H. Con. Res. 34 

7 (112th Congress). 

8 MISSILE PROCUREMENT, AIR FORCE

9 For an additional amount for ‘‘Missile Procurement, 

10 Air Force’’, $46,920,000, to remain available until Sep11 tember 30, 2014: Provided, That each amount in this 

12 paragraph is designated as being for the global war on 

13 terrorism pursuant to section 301 of H. Con. Res. 34 

14 (112th Congress). 

15 PROCUREMENT OF AMMUNITION, AIR FORCE

16 For an additional amount for ‘‘Procurement of Am17 munition, Air Force’’, $139,510,000, to remain available 

18 until September 30, 2014: Provided, That each amount 

19 in this paragraph is designated as being for the global war 

20 on terrorism pursuant to section 301 of H. Con. Res. 34 

21 (112th Congress). 

22 OTHER PROCUREMENT, AIR FORCE

23 For an additional amount for ‘‘Other Procurement, 

24 Air Force’’, $3,213,010,000, to remain available until 

25 September 30, 2014: Provided, That each amount in this 


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1 paragraph is designated as being for the global war on 

2 terrorism pursuant to section 301 of H. Con. Res. 34 

3 (112th Congress). 

4 PROCUREMENT, DEFENSE-WIDE

5 For an additional amount for ‘‘Procurement, De6 fense-Wide’’, $406,668,000, to remain available until Sep7 tember 30, 2014: Provided, That each amount in this 

8 paragraph is designated as being for the global war on 

9 terrorism pursuant to section 301 of H. Con. Res. 34 

10 (112th Congress). 

11 NATIONAL GUARD AND RESERVE EQUIPMENT

12 For procurement of aircraft, missiles, tracked combat 

13 vehicles, ammunition, other weapons and other procure14 ment for the reserve components of the Armed Forces, 

15 $1,500,000,000, to remain available for obligation until 

16 September 30, 2014, of which $490,000,000 shall be 

17 available only for the Army National Guard: Provided, 

18 That the Chiefs of National Guard and Reserve compo19 nents shall, not later than 30 days after the enactment 

20 of this Act, individually submit to the congressional de21 fense committees the modernization priority assessment 

22 for their respective National Guard or Reserve component: 

23 Provided further, That each amount in this paragraph is 

24 designated as being for the global war on terrorism pursu25 ant to section 301 of H. Con. Res. 34 (112th Congress). 


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1 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Mine Resistant Ambush Protected Vehicle 

4 Fund, $3,195,170,000, to remain available until Sep5 tember 30, 2013: Provided, That such funds shall be avail6 able to the Secretary of Defense, notwithstanding any 

7 other provision of law, to procure, sustain, transport, and 

8 field Mine Resistant Ambush Protected vehicles: Provided 

9 further, That the Secretary shall transfer such funds only 

10 to appropriations made available in this or any other Act 

11 for operation and maintenance; procurement; research, de12 velopment, test and evaluation; and defense working cap13 ital funds to accomplish the purpose provided herein: Pro14 vided further, That such funds transferred shall be merged 

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

16 time period as the appropriation to which transferred: 

17 Provided further, That this transfer authority is in addi18 tion to any other transfer authority available to the De19 partment of Defense: Provided further, That the Secretary 

20 shall, not fewer than 10 days prior to making transfers 

21 from this appropriation, notify the congressional defense 

22 committees in writing of the details of any such transfer: 

23 Provided further, That each amount in this paragraph is 

24 designated as being for the global war on terrorism pursu25 ant to section 301 of H. Con. Res. 34 (112th Congress). 


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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’’, $8,513,000, to remain 

7 available until September 30, 2013: Provided, That each 

8 amount in this paragraph is designated as being for the 

9 global war on terrorism pursuant to section 301 of H. 

10 Con. Res. 34 (112th Congress). 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

13 For an additional amount for ‘‘Research, Develop14 ment, Test and Evaluation, Navy’’, $53,884,000, to re15 main available until September 30, 2013: Provided, That 

16 each amount in this paragraph is designated as being for 

17 the global war on terrorism pursuant to section 301 of 

18 H. Con. Res. 34 (112th Congress). 

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

20 AIR FORCE

21 For an additional amount for ‘‘Research, Develop22 ment, Test and Evaluation, Air Force’’, $182,000,000, to 

23 remain available until September 30, 2013: Provided, 

24 That each amount in this paragraph is designated as 


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1 being for the global war on terrorism pursuant to section 

2 301 of H. Con. Res. 34 (112th Congress). 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 DEFENSE-WIDE

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Defense-Wide’’, 

7 $192,361,000, to remain available until September 30, 

8 2013: Provided, That each amount in this paragraph is 

9 designated as being for the global war on terrorism pursu10 ant to section 301 of H. Con. Res. 34 (112th Congress). 

11 REVOLVING AND MANAGEMENT FUNDS 

12 DEFENSE WORKING CAPITAL FUNDS

13 For an additional amount for ‘‘Defense Working 

14 Capital Funds’’, $435,013,000: Provided, That each 

15 amount in this paragraph is designated as being for the 

16 global war on terrorism pursuant to section 301 of H. 

17 Con. Res. 34 (112th Congress). 

18 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

19 DEFENSE HEALTH PROGRAM

20 For an additional amount for ‘‘Defense Health Pro21 gram’’, $1,228,288,000 (increased by $20,000,000), 

22 which shall be for operation and maintenance: Provided, 

23 That each amount in this paragraph is designated as 

24 being for the global war on terrorism pursuant to section 

25 301 of H. Con. Res. 34 (112th Congress). 


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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

2 For an additional amount for ‘‘Drug Interdiction and 

3 Counter-Drug Activities’’, $469,458,000, to remain avail4 able until September 30, 2013: Provided, That each 

5 amount in this paragraph is designated as being for the 

6 global war on terrorism pursuant to section 301 of H. 

7 Con. Res. 34 (112th Congress). 

8 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for ‘‘Joint Improvised Ex11 plosive Device Defeat Fund’’, $2,577,500,000, to remain 

12 available until September 30, 2014: Provided, That such 

13 funds shall be available to the Secretary of Defense, not14 withstanding any other provision of law, for the purpose 

15 of allowing the Director of the Joint Improvised Explosive 

16 Device Defeat Organization to investigate, develop and 

17 provide equipment, supplies, services, training, facilities, 

18 personnel and funds to assist United States forces in the 

19 defeat of improvised explosive devices: Provided further, 

20 That the Secretary of Defense may transfer funds pro21 vided herein to appropriations for military personnel; oper22 ation and maintenance; procurement; research, develop23 ment, test and evaluation; and defense working capital 

24 funds to accomplish the purpose provided herein: Provided 

25 further, That this transfer authority is in addition to any 


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1 other transfer authority available to the Department of 

2 Defense: Provided further, That the Secretary of Defense 

3 shall, not fewer than 15 days prior to making transfers 

4 from this appropriation, notify the congressional defense 

5 committees in writing of the details of any such transfer: 

6 Provided further, That each amount in this paragraph is 

7 designated as being for the global war on terrorism pursu8 ant to section 301 of H. Con. Res. 34 (112th Congress). 

9 OFFICE OF THE INSPECTOR GENERAL

10 For an additional amount for the ‘‘Office of the In11 spector General’’, $11,055,000: Provided, That each 

12 amount in this paragraph is designated as being for the 

13 global war on terrorism pursuant to section 301 of H. 

14 Con. Res. 34 (112th Congress). 

15 GENERAL PROVISIONS—THIS TITLE 

16 SEC. 9001. Notwithstanding any other provision of 

17 law, funds made available in this title are in addition to 

18 amounts appropriated or otherwise made available for the 

19 Department of Defense for 2012. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 9002. Upon the determination of the Secretary 

22 of Defense that such action is necessary in the national 

23 interest, the Secretary may, with the approval of the Of24 fice of Management and Budget, transfer up to 

25 $3,000,000,000 between the appropriations or funds made 


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1 available to the Department of Defense in this title: Pro2 vided, That the Secretary shall notify the Congress 

3 promptly of each transfer made pursuant to the authority 

4 in this section: Provided further, That the authority pro5 vided in this section is in addition to any other transfer 

6 authority available to the Department of Defense and is 

7 subject to the same terms and conditions as the authority 

8 provided in the Department of Defense Appropriations 

9 Act, 2012. 

10 SEC. 9003. Supervision and administration costs as11 sociated with a construction project funded with appro12 priations available for operation and maintenance, ‘‘Af13 ghanistan Infrastructure Fund’’ or the ‘‘Afghanistan Se14 curity Forces Fund’’ provided in this Act and executed 

15 in direct support of overseas contingency operations in Af16 ghanistan, may be obligated at the time a construction 

17 contract is awarded: Provided, That for the purpose of this 

18 section, supervision and administration costs include all 

19 in-house Government costs. 

20 SEC. 9004. From funds made available in this title, 

21 the Secretary of Defense may purchase for use by military 

22 and civilian employees of the Department of Defense in 

23 the U. S. Central Command area of responsibility: (a) pas24 senger motor vehicles up to a limit of $75,000 per vehicle 

25 and (b) heavy and light armored vehicles for the physical 


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1 security of personnel or for force protection purposes up 

2 to a limit of $250,000 per vehicle, notwithstanding price 

3 or other limitations applicable to the purchase of pas4 senger carrying vehicles. 

5 SEC. 9005. Not to exceed $400,000,000 of the 

6 amount appropriated in this title under the heading ‘‘Op7 eration and Maintenance, Army’’ may be used, notwith8 standing any other provision of law, to fund the Com9 mander’s Emergency Response Program (CERP), for the 

10 purpose of enabling military commanders in Afghanistan 

11 to respond to urgent, small scale, humanitarian relief and 

12 reconstruction requirements within their areas of responsi13 bility: Provided, That each project (including any ancillary 

14 or related elements in connection with such project) exe15 cuted under this authority shall not exceed $20,000,000: 

16 Provided further, That not later than 45 days after the 

17 end of each fiscal year quarter, the Secretary of Defense 

18 shall submit to the congressional defense committees a re19 port regarding the source of funds and the allocation and 

20 use of funds during that quarter that were made available 

21 pursuant to the authority provided in this section or under 

22 any other provision of law for the purposes described here23 in: Provided further, That, not later than 30 days after 

24 the end of each month, the Army shall submit to the con25 gressional defense committees monthly commitment, obliVerDate Mar 15 2010 22:31 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RFS H2219

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1 gation, and expenditure data for the Commander’s Emer2 gency Response Program in Afghanistan: Provided further, 

3 That not less than 15 days before making funds available 

4 pursuant to the authority provided in this section or under 

5 any other provision of law for the purposes described here6 in for a project with a total anticipated cost for completion 

7 of $5,000,000 or more, the Secretary shall submit to the 

8 congressional defense committees a written notice con9 taining each of the following: 

10 (1) The location, nature and purpose of the 

11 proposed project, including how the project is in12 tended to advance the military campaign plan for 

13 the country in which it is to be carried out. 

14 (2) The budget, implementation timeline with 

15 milestones, and completion date for the proposed 

16 project, including any other CERP funding that has 

17 been or is anticipated to be contributed to the com18 pletion of the project. 

19 (3) A plan for the sustainment of the proposed 

20 project, including the agreement with either the host 

21 nation, a non-Department of Defense agency of the 

22 United States Government or a third party contrib23 utor to finance the sustainment of the activities and 

24 maintenance of any equipment or facilities to be pro25 vided through the proposed project. 


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1 SEC. 9006. Funds available to the Department of De2 fense for operation and maintenance may be used, not3 withstanding any other provision of law, to provide sup4 plies, services, transportation, including airlift and sealift, 

5 and other logistical support to coalition forces supporting 

6 military and stability operations in Iraq and Afghanistan: 

7 Provided, That the Secretary of Defense shall provide 

8 quarterly reports to the congressional defense committees 

9 regarding support provided under this section. 

10 SEC. 9007. None of the funds appropriated or other11 wise made available by this or any other Act shall be obli12 gated or expended by the United States Government for 

13 a purpose as follows: 

14 (1) To establish any military installation or 

15 base for the purpose of providing for the permanent 

16 stationing of United States Armed Forces in Iraq. 

17 (2) To exercise United States control over any 

18 oil resource of Iraq. 

19 (3) To establish any military installation or 

20 base for the purpose of providing for the permanent 

21 stationing of United States Armed Forces in Af22 ghanistan. 

23 SEC. 9008. None of the funds made available in this 

24 Act may be used in contravention of the following laws 

25 enacted or regulations promulgated to implement the 


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1 United Nations Convention Against Torture and Other 

2 Cruel, Inhuman or Degrading Treatment or Punishment 

3 (done at New York on December 10, 1984): 

4 (1) Section 2340A of title 18, United States 

5 Code. 

6 (2) Section 2242 of the Foreign Affairs Reform 

7 and Restructuring Act of 1998 (division G of Public 

8 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

9 note) and regulations prescribed thereto, including 

10 regulations under part 208 of title 8, Code of Fed11 eral Regulations, and part 95 of title 22, Code of 

12 Federal Regulations. 

13 (3) Sections 1002 and 1003 of the Department 

14 of Defense, Emergency Supplemental Appropriations 

15 to Address Hurricanes in the Gulf of Mexico, and 

16 Pandemic Influenza Act, 2006 (Public Law 109– 

17 148). 

18 SEC. 9009. (a) The Secretary of Defense shall submit 

19 to the congressional defense committees not later than 45 

20 days after the end of each fiscal quarter a report on the 

21 proposed use of all funds appropriated by this or any prior 

22 Act under each of the headings Afghanistan Security 

23 Forces Fund, Afghanistan Infrastructure Fund, and Paki24 stan Counterinsurgency Fund on a project-by-project 

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1 ing the 3-month period from such date, including esti2 mates for the accounts referred to in this section of the 

3 costs required to complete each such project. 

4 (b) The report required by this subsection shall in5 clude the following: 

6 (1) The use of all funds on a project-by-project 

7 basis for which funds appropriated under the head8 ings referred to in subsection (a) were obligated 

9 prior to the submission of the report, including esti10 mates for the accounts referred to in subsection (a) 

11 of the costs to complete each project. 

12 (2) The use of all funds on a project-by-project 

13 basis for which funds were appropriated under the 

14 headings referred to in subsection (a) in prior appro15 priations Acts, or for which funds were made avail16 able by transfer, reprogramming, or allocation from 

17 other headings in prior appropriations Acts, includ18 ing estimates for the accounts referred to in sub19 section (a) of the costs to complete each project. 

20 (3) An estimated total cost to train and equip 

21 the Afghanistan and Pakistan security forces, 

22 disaggregated by major program and sub-elements 

23 by force, arrayed by fiscal year. 

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1 INTEGRATION PROGRAM.—Of the amounts appropriated 

2 or otherwise made available by title IX, up to $20,000,000 

3 may be available for outreach and reintegration services 

4 under the Yellow Ribbon Reintegration Program under 

5 section 582(h) of the National Defense Authorization Act 

6 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

7 125; 10 U.S.C. 10101 note). 

8 (b) SUPPLEMENT NOT SUPPLANT.—The amount 

9 made available by subsection (a) for the services described 

10 in that subsection is in addition to any other amounts 

11 available in this Act for such services. 

12 SEC. 9011. Funds made available in this title to the 

13 Department of Defense for operation and maintenance 

14 may be used to purchase items having an investment unit 

15 cost of not more than $250,000: Provided, That, upon de16 termination by the Secretary of Defense that such action 

17 is necessary to meet the operational requirements of a 

18 Commander of a Combatant Command engaged in contin19 gency operations overseas, such funds may be used to pur20 chase items having an investment item unit cost of not 

21 more than $500,000. 

22 SEC. 9012. (a) The Task Force for Business and Sta23 bility Operations in Afghanistan may, subject to the direc24 tion and control of the Secretary of Defense and with the 

25 concurrence of the Secretary of State, carry out projects 


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1 in fiscal year 2012 to assist the commander of the United 

2 States Central Command in developing a link between 

3 United States military operations in Afghanistan under 

4 Operation Enduring Freedom and the economic elements 

5 of United States national power in order to reduce vio6 lence, enhance stability, and restore economic normalcy in 

7 Afghanistan through strategic business and economic op8 portunities. 

9 (b) The projects carried out under paragraph (a) may 

10 include projects that facilitate private investment, indus11 trial development, banking and financial system develop12 ment, agricultural diversification and revitalization, and 

13 energy development in and with respect to Afghanistan. 

14 (c) The Secretary may use up to $150,000,000 of the 

15 funds available for overseas contingency operations in 

16 ‘‘Operation and Maintenance, Army’’ for additional activi17 ties to carry out projects under paragraph (a). 

18 SEC. 9013. From funds made available in this title 

19 to the Department of Defense for operation and mainte20 nance, up to $524,000,000 may be used by the Secretary 

21 of Defense, notwithstanding any other provision of law, 

22 to support the United States Government transition activi23 ties in Iraq by undertaking facilities renovation and con24 struction associated with establishing Office of Security 

25 Cooperation locations, at no more than ten sites, in Iraq: 


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1 Provided, That not less than 15 days before making funds 

2 available pursuant to the authority provided in this sec3 tion, the Secretary shall submit to the congressional de4 fense committees a written notice containing a detailed 

5 justification and timeline for each proposed site and the 

6 source of funds. 

7 SEC. 9014. (a) Not more than 85 percent of the 

8 funds provided in this title for operation and maintenance 

9 may be available for obligation or expenditure until the 

10 date on which the Secretary of Defense submits the report 

11 under subsection (b). 

12 (b) Not later than 120 days after the date of the en13 actment of this Act, the Secretary of Defense shall submit 

14 to the congressional defense committees a report on con15 tractor employees in the United States Central Command, 

16 including— 

17 (1) the number of employees of a contractor 

18 awarded a contract by the Department of Defense 

19 (including subcontractor employees) who are em20 ployed at the time of the report in the area of oper21 ations of the United States Central Command, in22 cluding a list of the number of such employees in 

23 each of Iraq, Afghanistan, and all other areas of op24 erations of the United States Central Command; and 


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1 (2) for each fiscal year quarter beginning on 

2 the date of the report and ending on September 30, 

3 2012— 

4 (A) the number of such employees planned 

5 by the Secretary to be employed during each 

6 such period in each of Iraq, Afghanistan, and 

7 all other areas of operations of the United 

8 States Central Command; and 

9 (B) an explanation of how the number of 

10 such employees listed under subparagraph (A) 

11 relates to the planned number of military per12 sonnel in such locations. 

13 SEC. 9015. Of the amounts appropriated or trans14 ferred to the Pakistan Counterinsurgency Fund (hereafter 

15 in this subsection referred to as the ‘Fund’) for any fiscal 

16 year after fiscal year 2011— 

17 (1) not more than 25 percent of such amounts 

18 may be obligated or expended until such time as the 

19 Secretary of Defense, with the concurrence of the 

20 Secretary of State— 

21 (A) submits to the appropriate congres22 sional committees a report on the strategy to 

23 utilize the Fund and the metrics used to deter24 mine progress with respect to the Fund; and 


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1 (B) notifies the appropriate congressional 

2 committees of the intent of the Secretary to ob3 ligate or expend amounts that are in excess of 

4 such 25 percent and a period of 30 days has 

5 elapsed following such notification. 

6 (2) Notwithstanding any other provision of law, 

7 none of the amounts described in the matter pre8 ceding paragraph (1) shall be available for re9 programming. 

10 (3) Such report shall include, at a minimum, 

11 the following: 

12 (A) A discussion of United States strategic 

13 objectives in Pakistan. 

14 (B) A listing of the terrorist or extremist 

15 organizations in Pakistan opposing United 

16 States goals in the region and against which 

17 the United States encourages Pakistan to take 

18 action. 

19 (C) A discussion of the gaps in capabilities 

20 of Pakistani security units that hamper the 

21 ability of the Government of Pakistan to take 

22 action against the organizations listed in sub23 paragraph (B). 


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1 (D) A discussion of how assistance pro2 vided utilizing the Fund will address the gaps 

3 in capabilities listed in subparagraph (C). 

4 (E) A discussion of other efforts under5 taken by other United States Government de6 partments and agencies to address the gaps in 

7 capabilities listed in subparagraph (C) or com8 plementary activities of the Department of De9 fense and how those efforts are coordinated 

10 with the activities undertaken to utilize the 

11 Fund. 

12 (F) Metrics that will be used to track 

13 progress in achieving the United States stra14 tegic objectives in Pakistan, to track progress 

15 of the Government of Pakistan in combating 

16 the organizations listed in subparagraph (B), 

17 and to address the gaps in capabilities listed in 

18 subparagraph (C). 

19 SEC. 9016. (a) Not to exceed $176,575,000 from 

20 amounts made available to the Department of Defense in 

21 this Act or any other Act for fiscal year 2012 may be obli22 gated for information operations or military information 

23 support operations: Provided, That such amount is to be 

24 derived from the amounts provided in title IX of this Act 

25 for the following accounts in this title as follows: 


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1 ‘‘Operations and Maintenance, Army’’, 

2 $104,675,000. 

3 ‘‘Operations and Maintenance, Navy’’, 

4 $1,200,000. 

5 ‘‘Operations and Maintenance, Air Force’’, 

6 $20,400,000. 

7 ‘‘Operations and Maintenance, Defense Wide’’, 

8 $50,300,000. 

9 (b) Such amounts are to be allocated only in accord10 ance with the direction and for the purposes specified in 

11 the classified annex accompanying this Act. 

12 (RESCISSIONS)

13 SEC. 9017. Of the funds appropriated in Department 

14 of Defense Appropriations Acts, the following funds are 

15 hereby rescinded from the following account in the speci16 fied amount: 

17 ‘‘Mine Resistant Ambush Protection Vehicle Fund’’, 

18 2011/2013, $595,000,000. 

19 TITLE X—ADDITIONAL GENERAL PROVISIONS 

20 SPENDING REDUCTION ACCOUNT

21 SEC. 10001. The amount by which the applicable al22 location of new budget authority made by the Committee 

23 on Appropriations of the House of Representatives under 

24 section 302(b) of the Congressional Budget Act of 1974 


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1 exceeds the amount of proposed new budget authority is 

2 $0. 

3 SEC. 10002. The total amount of appropriations 

4 made available by this Act is hereby reduced by 

5 $124,800,000. 

6 SEC. 10003. None of the funds made available by this 

7 Act may be used by the Department of Defense to furnish 

8 military equipment, military training or advice, or other 

9 support for military activities, to any group or individual, 

10 not part of a country’s armed forces, for the purpose of 

11 assisting that group or individual in carrying out military 

12 activities in or against Libya. 

13 SEC. 10004. None of the funds made available by this 

14 Act may be used in contravention of section 2533a of title 

15 10, United States Code (popularly known as the ‘‘Berry 

16 Amendment’’). 

17 SEC. 10005. None of the funds made available by this 

18 Act may be used to enter into a contract, memorandum 

19 of understanding, or cooperative agreement with, or pro20 vide a loan or loan guarantee to, any United States com21 mercial air carrier if that contract, memorandum of un22 derstanding, cooperative agreement, loan, or loan guar23 antee allows the air carrier to charge baggage fees to any 

24 member of the Armed Forces who is traveling on official 


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1 military orders and is being deployed overseas or is return2 ing from an overseas deployment. 

3 SEC. 10006. None of the funds made available by this 

4 Act may be used in contravention of section 1590 or 1591 

5 of title 18, United States Code, or in contravention of the 

6 requirements of section 106(g) or (h) of the Trafficking 

7 Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 

8 (h)). 

9 SEC. 10007. None of the funds in this Act may be 

10 used to procure air transportation from a commercial air 

11 carrier for a member of the Armed Forces who is traveling 

12 under orders to deploy to or return from an overseas con13 tingency operation under terms that allow the carrier to 

14 charge the member fees for checked baggage other than 

15 for bags weighing more than 80 pounds or bags in excess 

16 of 4 per individual. 

17 SEC. 10008. None of the funds made available by this 

18 Act may be used by the Department of Defense to lease 

19 or purchase new light duty vehicles, for any executive fleet, 

20 or for an agency’s fleet inventory, except in accordance 

21 with Presidential Memorandum-Federal Fleet Perform22 ance, dated May 24, 2011. 

23 SEC. 10009. None of the funds made available by this 

24 Act may be used to reduce the number of B–1 aircraft 

25 of the Armed Forces. 


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1 SEC. 10010. None of the funds made available by this 

2 Act may be obligated or expended for assistance to the 

3 following entities: 

4 (1) The Government of Iran. 

5 (2) Hamas. 

6 (3) Hizbullah. 

7 (4) The Muslim Brotherhood. 

8 SEC. 10011. None of the funds made available by this 

9 Act may be used to enforce section 526 of the Energy 

10 Independence and Security Act of 2007 (Public Law 110– 

11 140; 42 U.S.C. 17142). 

12 SEC. 10012. None of the funds made available by this 

13 Act for international military education and training, for14 eign military financing, excess defense articles, assistance 

15 under section 1206 of the National Defense Authorization 

16 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

17 3456), issuance for direct commercial sales of military 

18 equipment, or peacekeeping operations for the countries 

19 of Chad, Yemen, Somalia, Sudan, Democratic Republic of 

20 the Congo, and Burma may be used to support any mili21 tary training or operations that include child soldiers, as 

22 defined by the Child Soldiers Prevention Act of 2008, and 

23 except if such assistance is otherwise permitted under sec24 tion 404 of the Child Soldiers Prevention Act of 2008 

25 (Public Law 110–457; 22 U.S.C. 2370c–1). 


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1 SEC. 10013. None of the funds made available by this 

2 Act may be used in contravention of section 7 of title 1, 

3 United States Code (the Defense of Marriage Act). 

4 SEC. 10014. None of the funds made available by this 

5 Act may be used in contravention of the War Powers Res6 olution (50 U.S.C. 1541 et seq.). 

7 SEC. 10015. None of the funds made available by this 

8 Act may be used to implement any rule, regulation, or ex9 ecutive order regarding the disclosure of political contribu10 tions that takes effect on or after the date of enactment 

11 of this Act. 

12 SEC. 10016. None of the funds made available in this 

13 Act may be used to enforce section 376 of the National 

14 Defense Authorization Act for Fiscal Year 2006 (Public 

15 Law 109–163). 

16 SEC. 10017. None of the funds made available by this 

17 Act may be used for— 

18 (1) deploying members of the Armed Forces on 

19 to the ground of Libya for the purposes of engaging 

20 in military operations unless the purpose of such de21 ployment is limited solely to rescuing members of 

22 the United States Armed Forces; 

23 (2) awarding a contract to a private security 

24 contractor to conduct any activity on the ground of 

25 Libya; or 


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1 (3) otherwise establishing or maintaining any 

2 presence of members of the Armed Forces or private 

3 security contractors on the ground of Libya unless 

4 the purpose of such deployment is limited solely to 

5 rescuing members of the United States Armed 

6 Forces. 

7 SEC. 10018. None of the funds made available by this 

8 Act may be used to research, develop, manufacture, or 

9 procure a newly designed flight suit or integrated aircrew 

10 ensemble. 

11 SEC. 10019. None of the funds made available by this 

12 Act may be used to enter into a contract that allows the 

13 contractor to use amounts paid to the contractor under 

14 such contract to pay a tax to the Afghan Ministry of Fi15 nance. 

16 SEC. 10020. None of the funds made available by this 

17 Act may be used to implement the curriculum of the Chap18 lain Corps Tier 1 DADT repeal training dated April 11, 

19 2011. 


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1 This Act may be cited as the ‘‘Department of Defense 

2 Appropriations Act, 2012’’. 

Passed the House of Representatives July 8, 2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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