```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2219 Reported in House (RH)]

                                                  Union Calendar No. 64
112th CONGRESS
  1st Session
                                H. R. 2219

                          [Report No. 112-110]

Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2012, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2011

 Mr. Young of Florida, from the Committee on Appropriations, reported 
 the following bill; which was committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2012, and for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2012, for 
military functions administered by the Department of Defense and for 
other purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty, (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $43,859,709,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $27,141,334,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $13,480,436,000.

                     Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of 
the Reserve Officers' Training Corps; and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, $28,264,646,000.

                        Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $4,333,507,000.

                        Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and expenses authorized by 
section 16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $1,948,544,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$645,422,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $1,711,653,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 10211, 10302, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$7,607,345,000.

                  National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$3,099,629,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $12,478,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes, $34,581,321,000.

                    Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $14,804,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$39,385,685,000.

                Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$6,036,996,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,699,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes, $36,065,107,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$30,682,265,000: Provided, That not more than $47,026,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code: Provided further, That not to 
exceed $36,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of Defense, and payments may be made on his certificate of necessity 
for confidential military purposes: Provided further, That of the funds 
provided under this heading, not less than $34,311,000 shall be made 
available for the Procurement Technical Assistance Cooperative 
Agreement Program, of which not less than $3,600,000 shall be available 
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That 
none of the funds appropriated or otherwise made available by this Act 
may be used to plan or implement the consolidation of a budget or 
appropriations liaison office of the Office of the Secretary of 
Defense, the office of the Secretary of a military department, or the 
service headquarters of one of the Armed Forces into a legislative 
affairs or legislative liaison office: Provided further, That 
$8,420,000, to remain available until expended, is available only for 
expenses relating to certain classified activities, and may be 
transferred as necessary by the Secretary of Defense to operation and 
maintenance appropriations or research, development, test and 
evaluation appropriations, to be merged with and to be available for 
the same time period as the appropriations to which transferred: 
Provided further, That any ceiling on the investment item unit cost of 
items that may be purchased with operation and maintenance funds shall 
not apply to the funds described in the preceding proviso: Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this 
Act.

                Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,047,033,000.

                Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,323,134,000.

            Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $271,443,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,310,459,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized 
by law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $6,979,232,000.

             Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department 
of Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $6,094,380,000.

          United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $13,861,000, of which not to exceed 
$5,000 may be used for official representation purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

    For the Department of the Army, $346,031,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

                    Environmental Restoration, Navy

                     (including transfer of funds)

    For the Department of the Navy, $308,668,000, to remain available 
until transferred: Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

    For the Department of the Air Force, $525,453,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

    For the Department of Defense, $10,716,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

    For the Department of the Army, $276,495,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of 
title 10, United States Code), $107,662,000, to remain available until 
September 30, 2013.

                  Cooperative Threat Reduction Account

    For assistance to the republics of the former Soviet Union and, 
with appropriate authorization by the Department of Defense and 
Department of State, to countries outside of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons components, 
and weapon-related technology and expertise; for programs relating to 
the training and support of defense and military personnel for 
demilitarization and protection of weapons, weapons components and 
weapons technology and expertise, and for defense and military 
contacts, $508,219,000, to remain available until September 30, 2014.

      Department of Defense Acquisition Workforce Development Fund

    For the Department of Defense Acquisition Workforce Development 
Fund, $105,501,000.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $6,487,481,000, to remain available for obligation until 
September 30, 2014.

                       Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,464,223,000, to remain available for obligation until 
September 30, 2014.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$2,178,886,000, to remain available for obligation until September 30, 
2014.

                    Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $1,952,625,000, to remain available for 
obligation until September 30, 2014.

                        Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$9,371,952,000, to remain available for obligation until September 30, 
2014.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $17,804,750,000, to remain available for obligation 
until September 30, 2014.

                       Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $2,975,749,000, to remain available 
for obligation until September 30, 2014.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $633,048,000, to remain available for 
obligation until September 30, 2014.

                   Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procurement of 
critical, long lead time components and designs for vessels to be 
constructed or converted in the future; and expansion of public and 
private plants, including land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title, as follows:
    Carrier Replacement Program (AP), $554,798,000;
    Virginia Class Submarine, $3,221,314,000;
    Virginia Class Submarine (AP), $1,461,361,000;
    CVN Refueling (AP), $529,652,000;
    DDG-1000, $453,727,000;
    DDG-51, $1,978,314,000;
    DDG-51 (AP), 100,723,000;
    Littoral Combat Ship, $1,755,093,000;
    LHA Replacement, $1,999,191,000;
    LPD-17, $1,833,444,000;
    Joint High Speed Vessel, $185,106,000;
    Oceanographic Ships, $89,000,000;
    Moored Training Ship (AP), $131,200,000;
    Service Craft, $3,863,000;
    LCAC Service Life Extension Program, $84,076,000;
    For outfitting, post delivery, conversions, and first destination 
transportation, $270,639,000; and
    Completion of Prior Year Shipbuilding Programs, $73,992,000.
    In all: $14,725,493,000, to remain available for obligation until 
September 30, 2016: Provided, That additional obligations may be 
incurred after September 30, 2016, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards.

                        Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except 
ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of passenger motor vehicles for replacement 
only; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway, $5,996,459,000, to 
remain available for obligation until September 30, 2014.

                       Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, 
and accessories therefor; plant equipment, appliances, and machine 
tools, and installation thereof in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title, $1,453,602,000, to remain available for obligation 
until September 30, 2014.

                    Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $13,987,613,000, to remain available for 
obligation until September 30, 2014.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes including rents and transportation of things, 
$5,689,998,000, to remain available for obligation until September 30, 
2014.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $522,565,000, to remain available for 
obligation until September 30, 2014.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only; lease of passenger motor vehicles; and 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon, prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway, $17,260,619,000, to remain 
available for obligation until September 30, 2014.

                       Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of passenger motor vehicles for replacement only; expansion of 
public and private plants, equipment, and installation thereof in such 
plants, erection of structures, and acquisition of land for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $5,046,447,000, to remain available for obligation until 
September 30, 2014.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $29,964,000, to remain available 
until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$9,381,166,000, to remain available for obligation until September 30, 
2013.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$17,798,950,000, to remain available for obligation until September 30, 
2013: Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique operational 
requirements of the Special Operations Forces: Provided further, That 
funds appropriated in this paragraph shall be available for the Cobra 
Judy program.

         Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$26,313,196,000, to remain available for obligation until September 30, 
2013.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic and 
applied scientific research, development, test and evaluation; advanced 
research projects as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $19,324,865,000, to remain 
available for obligation until September 30, 2013.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and 
Evaluation, in the direction and supervision of operational test and 
evaluation, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith, $191,292,000, to remain available for obligation 
until September 30, 2013.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For the Defense Working Capital Funds, $1,575,010,000.

                     National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $1,100,519,000, to remain available until 
expended:  Provided, That none of the funds provided in this paragraph 
shall be used to award a new contract that provides for the acquisition 
of any of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including 
pumps, for all shipboard services; propulsion system components 
(engines, reduction gears, and propellers); shipboard cranes; and 
spreaders for shipboard cranes:  Provided further, That the exercise of 
an option in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award of a new 
contract:  Provided further, That the Secretary of the military 
department responsible for such procurement may waive the restrictions 
in the first proviso on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense as authorized by law, 
$32,317,459,000; of which $30,497,735,000 shall be for operation and 
maintenance, of which not to exceed 1 percent shall remain available 
until September 30, 2013, and of which up to $16,092,272,000 may be 
available for contracts entered into under the TRICARE program; of 
which $632,518,000, to remain available for obligation until September 
30, 2014, shall be for procurement; and of which $1,187,206,000, to 
remain available for obligation until September 30, 2013, shall be for 
research, development, test and evaluation:  Provided, That, 
notwithstanding any other provision of law, of the amount made 
available under this heading for research, development, test and 
evaluation, not less than $8,000,000 shall be available for HIV 
prevention educational activities undertaken in connection with United 
States military training, exercises, and humanitarian assistance 
activities conducted primarily in African nations.

           Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $1,554,422,000, of which $1,147,691,000 
shall be for operation and maintenance, of which no less than 
$103,097,000 shall be for the Chemical Stockpile Emergency Preparedness 
Program, consisting of $30,615,000, for activities on military 
installations and $72,482,000, to remain available until September 30, 
2013, to assist state and local governments; and $406,731,000 to remain 
available until September 30, 2013, shall be for research, development, 
test and evaluation, of which $401,768,000 shall be only for the 
Assembled Chemical Weapons Alternatives (ACWA) Program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
operation and maintenance; for procurement; and for research, 
development, test and evaluation, $1,208,147,000: Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which transferred: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority contained elsewhere in this Act: Provided 
further, That $23,000,000 may not be obligated or expended until the 
Secretary of Defense submits an implementation plan for the expansion 
of prescription drug testing to the congressional defense committees.

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

    For the ``Joint Improvised Explosive Device Defeat Fund'', 
$220,634,000, to remain available until September 30, 2014, for Staff 
and Infrastructure: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision of law, for 
the purpose of allowing the Director of the Joint Improvised Explosive 
Device Defeat Organization to investigate, develop and provide 
equipment, supplies, services, training, facilities, personnel and 
funds to assist United States forces in the defeat of improvised 
explosive devices: Provided further, That not later than 60 days of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a plan for the intended management and 
use of the amounts provided under this heading: Provided further, That 
the Secretary of Defense shall submit a report not later than 60 days 
after the end of each fiscal quarter to the congressional defense 
committees providing assessments of the evolving threats, individual 
service requirements to counter the threats, the current strategy for 
predeployment training of members of the Armed Forces on improvised 
explosive devices, and details on the execution of the Fund: Provided 
further, That the Secretary of Defense may transfer funds provided 
herein to appropriations for operation and maintenance; procurement; 
research, development, test and evaluation; and defense working capital 
funds to accomplish the purpose provided herein: Provided further, That 
amounts transferred shall be merged with and available for the same 
purposes and time period as the appropriations to which transferred: 
Provided further, That this transfer authority is in addition to any 
other transfer authority available to the Department of Defense: 
Provided further, That the Secretary of Defense shall, not fewer than 
15 days prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer.

                    Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $346,919,000, of which $286,919,000 shall be for operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; of which $1,000,000, to remain available until September 30, 
2014, shall be for procurement; and of which $1,600,000, to remain 
available until September 30, 2013, shall be for research, development, 
testing, and evaluation.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $513,700,000.

               Intelligence Community Management Account

    For necessary expenses of the Intelligence Community Management 
Account, $458,225,000.

                               TITLE VIII

                           GENERAL PROVISIONS

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

                     (including transfer of funds)

    Sec. 8005.  Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, he may, with the 
approval of the Office of Management and Budget, transfer not to exceed 
$4,000,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by the Congress: Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress: 
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made prior to June 
30, 2012: Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section.
    Sec. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments to 
budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled ``Explanation of Project 
Level Adjustments'' in the explanatory statement regarding this Act, 
the obligation and expenditure of amounts appropriated or otherwise 
made available in this Act for those programs, projects, and activities 
for which the amounts appropriated exceed the amounts requested are 
hereby required by law to be carried out in the manner provided by such 
tables to the same extent as if the tables were included in the text of 
this Act.
    (b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
for purposes of section 8005 of this Act: Provided, That section 8005 
shall apply when transfers of the amounts described in subsection (a) 
occur between appropriation accounts.
    Sec. 8007. (a) Not later than 60 days after enactment of this Act, 
the Department of Defense shall submit a report to the congressional 
defense committees to establish the baseline for application of 
reprogramming and transfer authorities for fiscal year 2012: Provided, 
That the report shall include--
            (1) a table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation both 
        by budget activity and program, project, and activity as 
        detailed in the Budget Appendix; and
            (3) an identification of items of special congressional 
        interest.
    (b) Notwithstanding section 8005 of this Act, none of the funds 
provided in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency requirement.

                          (transfer of funds)

    Sec. 8008.  During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established pursuant 
to section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disbursements 
to be made from such funds: Provided, That transfers may be made 
between such funds: Provided further, That transfers may be made 
between working capital funds and the ``Foreign Currency Fluctuations, 
Defense'' appropriation and the ``Operation and Maintenance'' 
appropriation accounts in such amounts as may be determined by the 
Secretary of Defense, with the approval of the Office of Management and 
Budget, except that such transfers may not be made unless the Secretary 
of Defense has notified the Congress of the proposed transfer. Except 
in amounts equal to the amounts appropriated to working capital funds 
in this Act, no obligations may be made against a working capital fund 
to procure or increase the value of war reserve material inventory, 
unless the Secretary of Defense has notified the Congress prior to any 
such obligation.
    Sec. 8009.  Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense committees.
    Sec. 8010.  None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one year of 
the contract or that includes an unfunded contingent liability in 
excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any one year, unless the 
congressional defense committees have been notified at least 30 days in 
advance of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further, That no part of any appropriation 
contained in this Act shall be available to initiate multiyear 
procurement contracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to the 
congressional defense committees: Provided further, That the execution 
of multiyear authority shall require the use of a present value 
analysis to determine lowest cost compared to an annual procurement: 
Provided further, That none of the funds provided in this Act may be 
used for a multiyear contract executed after the date of the enactment 
of this Act unless in the case of any such contract--
            (1) the Secretary of Defense has submitted to Congress a 
        budget request for full funding of units to be procured through 
        the contract and, in the case of a contract for procurement of 
        aircraft, that includes, for any aircraft unit to be procured 
        through the contract for which procurement funds are requested 
        in that budget request for production beyond advanced 
        procurement activities in the fiscal year covered by the 
        budget, full funding of procurement of such unit in that fiscal 
        year;
            (2) cancellation provisions in the contract do not include 
        consideration of recurring manufacturing costs of the 
        contractor associated with the production of unfunded units to 
        be delivered under the contract;
            (3) the contract provides that payments to the contractor 
        under the contract shall not be made in advance of incurred 
        costs on funded units; and
            (4) the contract does not provide for a price adjustment 
        based on a failure to award a follow-on contract.
     Funds appropriated in title III of this Act may be used for a 
multiyear procurement contract as follows:
     UH-60M/HH-60M and MH-60R/MH-60S Helicopter Airframes; and MH-60R/S 
Mission Avionics and Common Cockpits.
    Sec. 8011.  Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. Such funds may also be obligated for humanitarian and civic 
assistance costs incidental to authorized operations and pursuant to 
authority granted in section 401 of chapter 20 of title 10, United 
States Code, and these obligations shall be reported as required by 
section 401(d) of title 10, United States Code: Provided, That funds 
available for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using Civic Action 
Teams in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact of Free 
Association as authorized by Public Law 99-239: Provided further, That 
upon a determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at Army 
medical facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable basis, for 
civilian patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.
    Sec. 8012. (a) During fiscal year 2012, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) The fiscal year 2013 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2013 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2013.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8013.  None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8014.  None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment: Provided, That this section shall 
not apply to those members who have reenlisted with this option prior 
to October 1, 1987: Provided further, That this section applies only to 
active components of the Army.
    Sec. 8015. (a) None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the 
enactment of this Act, is performed by Department of Defense civilian 
employees unless--
            (1) the conversion is based on the result of a public-
        private competition that includes a most efficient and cost 
        effective organization plan developed by such activity or 
        function;
            (2) the Competitive Sourcing Official determines that, over 
        all performance periods stated in the solicitation of offers 
        for performance of the activity or function, the cost of 
        performance of the activity or function by a contractor would 
        be less costly to the Department of Defense by an amount that 
        equals or exceeds the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that 
                activity or function by Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Department of Defense 
        by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or 
                function under the contract; or
                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute less towards the premium or subscription 
                share than the amount that is paid by the Department of 
                Defense for health benefits for civilian employees 
                under chapter 89 of title 5, United States Code.
    (b)(1) The Department of Defense, without regard to subsection (a) 
of this section or subsection (a), (b), or (c) of section 2461 of title 
10, United States Code, and notwithstanding any administrative 
regulation, requirement, or policy to the contrary shall have full 
authority to enter into a contract for the performance of any 
commercial or industrial type function of the Department of Defense 
that--
    (A) is included on the procurement list established pursuant to 
section 2 of the Javits-Wagner-O'Day Act (section 8503 of title 41, 
United States Code);
    (B) is planned to be converted to performance by a qualified 
nonprofit agency for the blind or by a qualified nonprofit agency for 
other severely handicapped individuals in accordance with that Act; or
    (C) is planned to be converted to performance by a qualified firm 
under at least 51 percent ownership by an Indian tribe, as defined in 
section 4(e) of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, as defined 
in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
    (2) This section shall not apply to depot contracts or contracts 
for depot maintenance as provided in sections 2469 and 2474 of title 
10, United States Code.

                          (transfer of funds)

    Sec. 8016.  Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred 
to any other appropriation contained in this Act solely for the purpose 
of implementing a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as 
amended, under the authority of this provision or any other transfer 
authority contained in this Act.
    Sec. 8017.  None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States: Provided, That for the purpose of 
this section, the term ``manufactured'' shall include cutting, heat 
treating, quality control, testing of chain and welding (including the 
forging and shot blasting process): Provided further, That for the 
purpose of this section, substantially all of the components of anchor 
and mooring chain shall be considered to be produced or manufactured in 
the United States if the aggregate cost of the components produced or 
manufactured in the United States exceeds the aggregate cost of the 
components produced or manufactured outside the United States: Provided 
further, That when adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis, the Secretary of 
the service responsible for the procurement may waive this restriction 
on a case-by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order to 
acquire capability for national security purposes.
    Sec. 8018.  None of the funds available to the Department of 
Defense, herein and hereafter, may be used to demilitarize or dispose 
of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
.30 caliber rifles, or M-1911 pistols, or to demilitarize or destroy 
small arms ammunition or ammunition components that are not otherwise 
prohibited from commercial sale under Federal law, unless the small 
arms ammunition or ammunition components are certified by the Secretary 
of the Army or designee as unserviceable or unsafe for further use.
    Sec. 8019.  No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region: 
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the best 
interest of the Government.
    Sec. 8020.  In addition to the funds provided elsewhere in this 
Act, $15,000,000 is appropriated only for incentive payments authorized 
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): 
Provided, That a prime contractor or a subcontractor at any tier that 
makes a subcontract award to any subcontractor or supplier as defined 
in section 1544 of title 25, United States Code, or a small business 
owned and controlled by an individual or individuals defined under 
section 4221(9) of title 25, United States Code, shall be considered a 
contractor for the purposes of being allowed additional compensation 
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 
whenever the prime contract or subcontract amount is over $500,000 and 
involves the expenditure of funds appropriated by an Act making 
Appropriations for the Department of Defense with respect to any fiscal 
year: Provided further, That notwithstanding section 1906 of title 41, 
United States Code, this section shall be applicable to any Department 
of Defense acquisition of supplies or services, including any contract 
and any subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part, by any subcontractor or 
supplier defined in section 1544 of title 25, United States Code, or a 
small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code.
    Sec. 8021.  Funds appropriated by this Act for the Defense Media 
Activity shall not be used for any national or international political 
or psychological activities.
    Sec. 8022.  During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, That upon 
receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such obligations.
    Sec. 8023. (a) Of the funds made available in this Act, not less 
than $30,945,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $27,838,000 shall be available from ``Operation and 
        Maintenance, Air Force'' to support Civil Air Patrol 
        Corporation operation and maintenance, readiness, counter-drug 
        activities, and drug demand reduction activities involving 
        youth programs;
            (2) $2,190,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $917,000 shall be available from ``Other Procurement, 
        Air Force'' for vehicle procurement.
    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8024. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other nonprofit 
entities.
    (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to any 
defense FFRDC, except when acting in a technical advisory capacity, may 
be compensated for his or her services as a member of such entity, or 
as a paid consultant by more than one FFRDC in a fiscal year:  
Provided, That a member of any such entity referred to previously in 
this subsection shall be allowed travel expenses and per diem as 
authorized under the Federal Joint Travel Regulations, when engaged in 
the performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during fiscal year 2012 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2012, not more than 
5,750 staff years of technical effort (staff years) may be funded for 
defense FFRDCs:  Provided, That of the specific amount referred to 
previously in this subsection, not more than 1,125 staff years may be 
funded for the defense studies and analysis FFRDCs:  Provided further, 
That this subsection shall not apply to staff years funded in the 
National Intelligence Program (NIP) and the Military Intelligence 
Program (MIP).
    (e) The Secretary of Defense shall, with the submission of the 
department's fiscal year 2013 budget request, submit a report 
presenting the specific amounts of staff years of technical effort to 
be allocated for each defense FFRDC during that fiscal year and the 
associated budget estimates.
    (f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced by 
$125,000,000.
    Sec. 8025.  None of the funds appropriated or made available in 
this Act shall be used to procure carbon, alloy or armor steel plate 
for use in any Government-owned facility or property under the control 
of the Department of Defense which were not melted and rolled in the 
United States or Canada: Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, American Society 
of Testing and Materials (ASTM) or American Iron and Steel Institute 
(AISI) specifications of carbon, alloy or armor steel plate: Provided 
further, That the Secretary of the military department responsible for 
the procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That these 
restrictions shall not apply to contracts which are in being as of the 
date of the enactment of this Act.
    Sec. 8026.  For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives.
    Sec. 8027.  During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms: 
Provided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids: Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.
    Sec. 8028. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a foreign 
country which is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against certain 
types of products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy American Act with respect to such types of 
products produced in that foreign country.
            (2) An agreement referred to in paragraph (1) is any 
        reciprocal defense procurement memorandum of understanding, 
        between the United States and a foreign country pursuant to 
        which the Secretary of Defense has prospectively waived the Buy 
        American Act for certain products in that country.
    (b) The Secretary of Defense shall submit to the Congress a report 
on the amount of Department of Defense purchases from foreign entities 
in fiscal year 2012. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade Agreement Act 
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to 
which the United States is a party.
    (c) For purposes of this section, the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.
    Sec. 8029.  During the current fiscal year, amounts contained in 
the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 2921(c)(1) of the National 
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 
note) shall be available until expended for the payments specified by 
section 2921(c)(2) of that Act.
    Sec. 8030. (a) Notwithstanding any other provision of law, the 
Secretary of the Air Force may convey at no cost to the Air Force, 
without consideration, to Indian tribes located in the States of 
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, 
and Washington relocatable military housing units located at Grand 
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force 
Base, Ellsworth Air Force Base, and Minot Air Force Base that are 
excess to the needs of the Air Force.
    (b) The Secretary of the Air Force shall convey, at no cost to the 
Air Force, military housing units under subsection (a) in accordance 
with the request for such units that are submitted to the Secretary by 
the Operation Walking Shield Program on behalf of Indian tribes located 
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, 
Oregon, Minnesota, and Washington. Any such conveyance shall be subject 
to the condition that the housing units shall be removed within a 
reasonable period of time, as determined by the Secretary.
    (c) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting requests to the Secretary of the Air 
Force under subsection (b).
    (d) In this section, the term ``Indian tribe'' means any recognized 
Indian tribe included on the current list published by the Secretary of 
the Interior under section 104 of the Federally Recognized Indian Tribe 
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8031.  During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment item 
unit cost of not more than $250,000.
    Sec. 8032. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) The fiscal year 2013 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2013 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 2013 procurement appropriation and not in the supply 
management business area or any other area or category of the 
Department of Defense Working Capital Funds.
    Sec. 8033.  None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 2013: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior or 
subsequent fiscal year shall remain available until expended: Provided 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for advanced research and development acquisition, 
for agent operations, and for covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2013.
    Sec. 8034.  Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8035.  Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $12,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8036. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, 
in expending the funds, complies with the Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means 
chapter 83 of title 41, United States Code.
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
    Sec. 8037.  None of the funds appropriated by this Act shall be 
available for a contract for studies, analysis, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the 
procurement determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work;
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant scientific or 
        technological promise, represents the product of original 
        thinking, and was submitted in confidence by one source; or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to ensure that a new product or idea of a specific 
        concern is given financial support: Provided, That this 
        limitation shall not apply to contracts in an amount of less 
        than $25,000, contracts related to improvements of equipment 
        that is in development or production, or contracts as to which 
        a civilian official of the Department of Defense, who has been 
        confirmed by the Senate, determines that the award of such 
        contract is in the interest of the national defense.
    Sec. 8038. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.
    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, 
if the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to--
            (1) field operating agencies funded within the National 
        Intelligence Program; or
            (2) an Army field operating agency established to 
        eliminate, mitigate, or counter the effects of improvised 
        explosive devices, and, as determined by the Secretary of the 
        Army, other similar threats.
            (3) an Army field operating agency established to improve 
        the effectiveness and efficiencies of biometric activities and 
        to integrate common biometric technologies throughout the 
        Department of Defense.
    Sec. 8039.  The Secretary of Defense, notwithstanding any other 
provision of law, acting through the Office of Economic Adjustment of 
the Department of Defense, may use funds made available in this Act 
under the heading ``Operation and Maintenance, Defense-Wide'' to make 
grants and supplement other Federal funds in accordance with the 
guidance provided in the explanatory statement regarding this Act.

                             (rescissions)

    Sec. 8040. Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
    ``National Defense Sealift Fund'', 2002/XXXX, $20,444,000;
    ``National Defense Sealift Fund'', 2003/XXXX, $8,500,000;
    ``National Defense Sealift Fund'', 2004/XXXX, $6,500,000;
    ``Aircraft Procurement, Navy'', 2010/2012, $90,000,000;
    ``Aircraft Procurement, Navy'', 2011/2013, $55,000,000;
    ``Weapons Procurement, Navy'', 2011/2013, $35,427,000;
    ``Procurement of Ammunition, Navy and Marine Corps'', 2011/2013, 
$8,612,000;
    ``Shipbuilding and Conversion, Navy'', 2011/2015, $110,351,000;
    ``Aircraft Procurement, Air Force'', 2011/2013, $30,000,000;
    ``Missile Procurement, Air Force'', 2011/2013, $122,500,000;
    ``Other Procurement, Air Force'', 2011/2013, $90,000,000;
    ``Procurement, Defense-Wide'', 2011/2013, $45,000,000;
    ``Research, Development, Test and Evaluation, Navy'', 2011/2012, 
$34,771,000;
    ``Research, Development, Test and Evaluation, Air Force'', 2011/
2012, $105,000,000;
    ``Research, Development, Test and Evaluation, Defense-Wide'' , 
2011/2012, $318,000,000.
Notwithstanding any other provision of law, none of the funds provided 
may be used for the construction of additional sealift capacity, as 
described under the heading ``National Defense Sealift Fund'' in Public 
Law 107-117, Public Law 107-248, and Public Law 108-87, or for the 
purposes described in section 115 of division H of Public Law 108-199, 
as amended by section 1017 of division A of Public Law 109-13.
    Sec. 8041.  None of the funds available in this Act may be used to 
reduce the authorized positions for military (civilian) technicians of 
the Army National Guard, Air National Guard, Army Reserve and Air Force 
Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8042.  None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to 
the Democratic People's Republic of Korea unless specifically 
appropriated for that purpose.
    Sec. 8043.  Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Intelligence Program and the Military Intelligence Program: Provided, 
That nothing in this section authorizes deviation from established 
Reserve and National Guard personnel and training procedures.
    Sec. 8044.  During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 2003, level: Provided, That the Service 
Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population is 
declining in some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and capitation-
based budgeting.
    Sec. 8045. (a) None of the funds available to the Department of 
Defense for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence Agency 
for any fiscal year for drug interdiction and counter-drug activities 
may be transferred to any other department or agency of the United 
States except as specifically provided in an appropriations law.
    Sec. 8046.  None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin:  Provided, That 
the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes:  Provided further, That this 
restriction shall not apply to the purchase of ``commercial items'', as 
defined by section 103 of title 41, United States Code, except that the 
restriction shall apply to ball or roller bearings purchased as end 
items.
    Sec. 8047.  None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, 
unless the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
    Sec. 8048.  None of the funds made available in this or any other 
Act may be used to pay the salary of any officer or employee of the 
Department of Defense who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of 
another Federal agency not financed by this Act without the express 
authorization of Congress:  Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.
    Sec. 8049. (a) Notwithstanding any other provision of law, none of 
the funds available to the Department of Defense for the current fiscal 
year may be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate are notified 15 days in 
advance of such transfer.
    (b) This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) A notice under subsection (a) shall include the following--
            (1) A description of the equipment, supplies, or services 
        to be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how 
                the President proposes to provide funds for such 
                replacement.
    Sec. 8050.  None of the funds available to the Department of 
Defense under this Act shall be obligated or expended to pay a 
contractor under a contract with the Department of Defense for costs of 
any amount paid by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of 
        the normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

                     (including transfer of funds)

    Sec. 8051.  During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' may be transferred to 
appropriations available for the pay of military personnel, to be 
merged with, and to be available for the same time period as the 
appropriations to which transferred, to be used in support of such 
personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code.
    Sec. 8052.  During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under 
the provisions of section 1552 of title 31, United States Code, and 
which has a negative unliquidated or unexpended balance, an obligation 
or an adjustment of an obligation may be charged to any current 
appropriation account for the same purpose as the expired or closed 
account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is 
        not chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note):  Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge 
        to a current account under the authority of this section shall 
        be reversed and recorded against the expired account:  Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.
    Sec. 8053. (a) Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau may permit the use of equipment of 
the National Guard Distance Learning Project by any person or entity on 
a space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8054.  Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under section 
2690 of title 10, United States Code, may implement cost-effective 
agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal Republic of Germany:  
Provided, That in the City of Kaiserslautern and at the Rhine Ordnance 
Barracks area, such agreements will include the use of United States 
anthracite as the base load energy for municipal district heat to the 
United States Defense installations:  Provided further, That at 
Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished 
heat may be obtained from private, regional or municipal services, if 
provisions are included for the consideration of United States coal as 
an energy source.
    Sec. 8055.  None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements: 
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this restriction 
does not apply to programs funded within the National Intelligence 
Program: Provided further, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do so.
    Sec. 8056.  None of the funds made available in this Act may be 
used to approve or license the sale of the F-22A advanced tactical 
fighter to any foreign government:  Provided, That the Department of 
Defense may conduct or participate in studies, research, design and 
other activities to define and develop a future export version of the 
F-22A that protects classified and sensitive information, technologies 
and U.S. warfighting capabilities.
    Sec. 8057. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if 
the Secretary determines that the application of the limitation with 
respect to that country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign country, or 
would invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, United 
States Code, and the country does not discriminate against the same or 
similar defense items produced in the United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason 
        other than the application of a waiver granted under subsection 
        (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 50-65) 
of the Harmonized Tariff Schedule and products classified under 
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 
8109, 8211, 8215, and 9404.
    Sec. 8058. (a) None of the funds made available by this Act may be 
used to support any training program involving a unit of the security 
forces or police of a foreign country if the Secretary of Defense has 
received credible information from the Department of State that the 
unit has committed a gross violation of human rights, unless all 
necessary corrective steps have been taken.
    (b) The Secretary of Defense, in consultation with the Secretary of 
State, shall ensure that prior to a decision to conduct any training 
program referred to in subsection (a), full consideration is given to 
all credible information available to the Department of State relating 
to human rights violations by foreign security forces.
    (c) The Secretary of Defense, after consultation with the Secretary 
of State, may waive the prohibition in subsection (a) if he determines 
that such waiver is required by extraordinary circumstances.
    (d) Not more than 15 days after the exercise of any waiver under 
subsection (c), the Secretary of Defense shall submit a report to the 
congressional defense committees describing the extraordinary 
circumstances, the purpose and duration of the training program, the 
United States forces and the foreign security forces involved in the 
training program, and the information relating to human rights 
violations that necessitates the waiver.
    Sec. 8059.  None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts 
may be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.
    Sec. 8060.  Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, 
Test and Evaluation, Defense-Wide'' for any new start advanced concept 
technology demonstration project or joint capability demonstration 
project may only be obligated 30 days after a report, including a 
description of the project, the planned acquisition and transition 
strategy, and its estimated annual and total cost, has been provided in 
writing to the congressional defense committees: Provided, That the 
Secretary of Defense may waive this restriction on a case-by-case basis 
by certifying to the congressional defense committees that it is in the 
national interest to do so.
    Sec. 8061.  The Secretary of Defense shall provide a classified 
quarterly report beginning 30 days after enactment of this Act, to the 
House and Senate Appropriations Committees, Subcommittees on Defense on 
certain matters as directed in the classified annex accompanying this 
Act.
    Sec. 8062.  During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide support 
to another department or agency of the United States if such department 
or agency is more than 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis:  Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable 
basis, and is providing the requested support pursuant to such 
authority:  Provided further, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of Representatives and 
the Senate that it is in the national security interest to do so.
    Sec. 8063.  Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of title 32, United 
States Code, may perform duties in support of the ground-based elements 
of the National Ballistic Missile Defense System.
    Sec. 8064.  None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the 
Department of Defense that has a center-fire cartridge and a United 
States military nomenclature designation of ``armor penetrator'', 
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or 
``armor-piercing incendiary-tracer (API-T)'', except to an entity 
performing demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to the 
satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition 
pursuant to a contract with the Department of Defense or the 
manufacture of ammunition for export pursuant to a License for 
Permanent Export of Unclassified Military Articles issued by the 
Department of State.
    Sec. 8065.  Notwithstanding any other provision of law, the Chief 
of the National Guard Bureau, or his designee, may waive payment of all 
or part of the consideration that otherwise would be required under 
section 2667 of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to any 
organization specified in section 508(d) of title 32, United States 
Code, or any other youth, social, or fraternal nonprofit organization 
as may be approved by the Chief of the National Guard Bureau, or his 
designee, on a case-by-case basis.
    Sec. 8066.  None of the funds appropriated by this Act shall be 
used for the support of any nonappropriated funds activity of the 
Department of Defense that procures malt beverages and wine with 
nonappropriated funds for resale (including such alcoholic beverages 
sold by the drink) on a military installation located in the United 
States unless such malt beverages and wine are procured within that 
State, or in the case of the District of Columbia, within the District 
of Columbia, in which the military installation is located:  Provided, 
That in a case in which the military installation is located in more 
than one State, purchases may be made in any State in which the 
installation is located:  Provided further, That such local procurement 
requirements for malt beverages and wine shall apply to all alcoholic 
beverages only for military installations in States which are not 
contiguous with another State:  Provided further, That alcoholic 
beverages other than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most competitive 
source, price and other factors considered.

                     (including transfer of funds)

    Sec. 8067.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Army'', $124,493,000 shall remain 
available until expended: Provided, That notwithstanding any other 
provision of law, the Secretary of Defense is authorized to transfer 
such funds to other activities of the Federal Government: Provided 
further, That the Secretary of Defense is authorized to enter into and 
carry out contracts for the acquisition of real property, construction, 
personal services, and operations related to projects carrying out the 
purposes of this section: Provided further, That contracts entered into 
under the authority of this section may provide for such 
indemnification as the Secretary determines to be necessary: Provided 
further, That projects authorized by this section shall comply with 
applicable Federal, State, and local law to the maximum extent 
consistent with the national security, as determined by the Secretary 
of Defense.
    Sec. 8068.  Section 8106 of the Department of Defense 
Appropriations Act, 1997 (titles I through VIII of the matter under 
subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 
113 note) shall continue in effect to apply to disbursements that are 
made by the Department of Defense in fiscal year 2012.
    Sec. 8069.  In addition to amounts provided elsewhere in this Act, 
$4,000,000 is hereby appropriated to the Department of Defense, to 
remain available for obligation until expended:  Provided, That 
notwithstanding any other provision of law, that upon the determination 
of the Secretary of Defense that it shall serve the national interest, 
these funds shall be available only for a grant to the Fisher House 
Foundation, Inc., only for the construction and furnishing of 
additional Fisher Houses to meet the needs of military family members 
when confronted with the illness or hospitalization of an eligible 
military beneficiary.

                     (including transfer of funds)

    Sec. 8070.  Of the amounts appropriated in this Act under the 
headings ``Procurement, Defense-Wide'' and ``Research, Development, 
Test and Evaluation, Defense-Wide'', $235,700,000 shall be for the 
Israeli Cooperative Programs: Provided, That of this amount, 
$110,500,000 shall be for the Short Range Ballistic Missile Defense 
(SRBMD) program, including cruise missile defense research and 
development under the SRBMD program, of which $15,000,000 shall be for 
production activities of David Sling Weapon System missiles in the 
United States and in Israel to meet Israel's defense requirements, 
consistent with each nation's laws, regulations, and procedures, 
$66,200,000 shall be available for an upper-tier component to the 
Israeli Missile Defense architecture, and $59,000,000 shall be for the 
Arrow System Improvement Program including development of a long range, 
ground and airborne, detection suite:  Provided further, That funds 
made available under this provision for production of missiles and 
missile components may be transferred to appropriations available for 
the procurement of weapons and equipment, to be merged with and to be 
available for the same time period and the same purposes as the 
appropriation to which transferred:  Provided further, That the 
transfer authority provided under this provision is in addition to any 
other transfer authority contained in this Act.
    Sec. 8071.  None of the funds available to the Department of 
Defense may be obligated to modify command and control relationships to 
give Fleet Forces Command administrative and operational control of 
U.S. Navy forces assigned to the Pacific fleet:  Provided, That the 
command and control relationships which existed on October 1, 2004, 
shall remain in force unless changes are specifically authorized in a 
subsequent Act.

                     (including transfer of funds)

    Sec. 8072.  Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $73,992,000 shall be 
available until September 30, 2012, to fund prior year shipbuilding 
cost increases: Provided, That upon enactment of this Act, the 
Secretary of the Navy shall transfer funds to the following 
appropriations in the amounts specified: Provided further, That the 
amounts transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred:
            To:
            Under the heading ``Shipbuilding and Conversion, Navy, 
        2005/2012'': LPD-17 Amphibious Transport Dock Program 
        $18,627,000.
            Under the heading ``Shipbuilding and Conversion, Navy, 
        2006/2012'': LPD-17 Amphibious Transport Dock Program 
        $23,437,000.
            Under the heading ``Shipbuilding and Conversion, Navy, 
        2008/2012'': LPD-17 Amphibious Transport Dock Program 
        $31,928,000.
    Sec. 8073.  Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may exercise the provisions of 
section 7403(g) of title 38, United States Code, for occupations listed 
in section 7403(a)(2) of title 38, United States Code, as well as the 
following:
            Pharmacists, Audiologists, Psychologists, Social Workers, 
        Othotists/Prosthetists, Occupational Therapists, Physical 
        Therapists, Rehabilitation Therapists, Respiratory Therapists, 
        Speech Pathologists, Dietitian/Nutritionists, Industrial 
        Hygienists, Psychology Technicians, Social Service Assistants, 
        Practical Nurses, Nursing Assistants, and Dental Hygienists:
                            (1) The requirements of section 
                        7403(g)(1)(A) of title 38, United States Code, 
                        shall apply.
                            (2) The limitations of section 
                        7403(g)(1)(B) of title 38, United States Code, 
                        shall not apply.
    Sec. 8074.  Funds appropriated by this Act, or made available by 
the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes of 
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during 
fiscal year 2012 until the enactment of the Intelligence Authorization 
Act for Fiscal Year 2012.
    Sec. 8075.  None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming of 
funds that creates or initiates a new program, project, or activity 
unless such program, project, or activity must be undertaken 
immediately in the interest of national security and only after written 
prior notification to the congressional defense committees.
    Sec. 8076.  The budget of the President for fiscal year 2013 
submitted to the Congress pursuant to section 1105 of title 31, United 
States Code, shall include separate budget justification documents for 
costs of United States Armed Forces' participation in contingency 
operations for the Military Personnel accounts, the Operation and 
Maintenance accounts, and the Procurement accounts:  Provided, That 
these documents shall include a description of the funding requested 
for each contingency operation, for each military service, to include 
all Active and Reserve components, and for each appropriations account: 
 Provided further, That these documents shall include estimated costs 
for each element of expense or object class, a reconciliation of 
increases and decreases for each contingency operation, and 
programmatic data including, but not limited to, troop strength for 
each Active and Reserve component, and estimates of the major weapons 
systems deployed in support of each contingency:  Provided further, 
That these documents shall include budget exhibits OP-5 and OP-32 (as 
defined in the Department of Defense Financial Management Regulation) 
for all contingency operations for the budget year and the two 
preceding fiscal years.
    Sec. 8077.  None of the funds in this Act may be used for research, 
development, test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system.

                     (including transfer of funds)

    Sec. 8078.  In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $44,000,000 is hereby 
appropriated to the Department of Defense:  Provided, That upon the 
determination of the Secretary of Defense that it shall serve the 
national interest, he shall make grants in the amounts specified as 
follows: $20,000,000 to the United Service Organizations and 
$24,000,000 to the Red Cross.
    Sec. 8079.  None of the funds appropriated or made available in 
this Act shall be used to reduce or disestablish the operation of the 
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such 
action would reduce the WC-130 Weather Reconnaissance mission below the 
levels funded in this Act:  Provided, That the Air Force shall allow 
the 53rd Weather Reconnaissance Squadron to perform other missions in 
support of national defense requirements during the non-hurricane 
season.
    Sec. 8080.  None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during the 
conduct of authorized foreign intelligence activities:  Provided, That 
information pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Executive Order No. 
12333.
    Sec. 8081. (a) At the time members of reserve components of the 
Armed Forces are called or ordered to active duty under section 
12302(a) of title 10, United States Code, each member shall be notified 
in writing of the expected period during which the member will be 
mobilized.
    (b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines that it is 
necessary to do so to respond to a national security emergency or to 
meet dire operational requirements of the Armed Forces.

                     (including transfer of funds)

    Sec. 8082.  The Secretary of Defense may transfer funds from any 
available Department of the Navy appropriation to any available Navy 
ship construction appropriation for the purpose of liquidating 
necessary changes resulting from inflation, market fluctuations, or 
rate adjustments for any ship construction program appropriated in law: 
Provided, That the Secretary may transfer not to exceed $100,000,000 
under the authority provided by this section: Provided further, That 
the Secretary may not transfer any funds until 30 days after the 
proposed transfer has been reported to the Committees on Appropriations 
of the House of Representatives and the Senate unless a response from 
the Committees is received sooner:  Provided further, That any funds 
transferred pursuant to this section shall retain the same period of 
availability as when originally appropriated: Provided further, That 
the transfer authority provided by this section is in addition to any 
other transfer authority contained elsewhere in this Act.
    Sec. 8083.  For purposes of section 7108 of title 41, United States 
Code, any subdivision of appropriations made under the heading 
``Shipbuilding and Conversion, Navy'' that is not closed at the time 
reimbursement is made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the 
current fiscal year or any prior fiscal year.
    Sec. 8084. (a) None of the funds appropriated by this Act may be 
used to transfer research and development, acquisition, or other 
program authority relating to current tactical unmanned aerial vehicles 
(TUAVs) from the Army.
    (b) The Army shall retain responsibility for and operational 
control of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV) in order 
to support the Secretary of Defense in matters relating to the 
employment of unmanned aerial vehicles.
    Sec. 8085.  Up to $15,000,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' may be made available for 
the Asia Pacific Regional Initiative Program for the purpose of 
enabling the Pacific Command to execute Theater Security Cooperation 
activities such as humanitarian assistance, and payment of incremental 
and personnel costs of training and exercising with foreign security 
forces:  Provided, That funds made available for this purpose may be 
used, notwithstanding any other funding authorities for humanitarian 
assistance, security assistance or combined exercise expenses:  
Provided further, That funds may not be obligated to provide assistance 
to any foreign country that is otherwise prohibited from receiving such 
type of assistance under any other provision of law.
    Sec. 8086.  None of the funds appropriated by this Act for programs 
of the Office of the Director of National Intelligence shall remain 
available for obligation beyond the current fiscal year, except for 
funds appropriated for research and technology, which shall remain 
available until September 30, 2013.
    Sec. 8087.  For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act under 
the heading ``Shipbuilding and Conversion, Navy'' shall be considered 
to be for the same purpose as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations in any prior 
fiscal year, and the 1 percent limitation shall apply to the total 
amount of the appropriation.
    Sec. 8088.  Notwithstanding any other provision of law, not more 
than 35 percent of funds provided in this Act for environmental 
remediation may be obligated under indefinite delivery/indefinite 
quantity contracts with a total contract value of $130,000,000 or 
higher.
    Sec. 8089.  The Director of National Intelligence shall include the 
budget exhibits identified in paragraphs (1) and (2) as described in 
the Department of Defense Financial Management Regulation with the 
congressional budget justification books.
            (1) For procurement programs requesting more than 
        $10,000,000 in any fiscal year, the P-1, Procurement Program; 
        P-5, Cost Analysis; P-5a, Procurement History and Planning; P-
        21, Production Schedule; and P-40, Budget Item Justification.
            (2) For research, development, test and evaluation projects 
        requesting more than $5,000,000 in any fiscal year, the R-1, 
        RDT&E Program; R-2, RDT&E Budget Item Justification; R-3, RDT&E 
        Project Cost Analysis; and R-4, RDT&E Program Schedule Profile.
    Sec. 8090.  The Secretary of Defense shall create a major force 
program category for space for each future-years defense program of the 
Department of Defense submitted to Congress under section 221 of title 
10, United States Code, during fiscal year 2012. The Secretary of 
Defense shall designate an official in the Office of the Secretary of 
Defense to provide overall supervision of the preparation and 
justification of program recommendations and budget proposals to be 
included in such major force program category.
    Sec. 8091. (a) Not later than 60 days after enactment of this Act, 
the Director of National Intelligence shall submit a report to the 
congressional intelligence committees to establish the baseline for 
application of reprogramming and transfer authorities pursuant to 
section 8092 of this Act for fiscal year 2012:  Provided, That the 
report shall include--
            (1) a table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation by 
        Expenditure Center, project, and subproject; and
            (3) an identification of items of special congressional 
        interest.
    (b) None of the funds provided for the National Intelligence 
Program in this Act shall be available for reprogramming or transfer 
pursuant to section 8092 of this Act until the report identified in 
subsection (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence certifies in 
writing 15 days in advance to the congressional intelligence committees 
that such reprogramming or transfer is necessary as an emergency 
requirement.
    Sec. 8092. (a) None of the funds provided for the National 
Intelligence Program in this or any prior appropriations Act shall be 
available for obligation or expenditure through a reprogramming or 
transfer of funds in accordance with section 102A(d) of the National 
Security Act of 1947 (50 U.S.C. 403-1(d)) that --
            (1) creates a new program, project, or subproject,
            (2) eliminates a program, project, or subproject,
            (3) increases funds or personnel by any means for any 
        program, project, or subproject,
            (4) for which funds have been denied or restricted,
            (5) relocates an office or employees, or
            (6) reorganizes or renames an office;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming of 
funds.
    (b) None of the funds provided for the National Intelligence 
Program in this or any prior appropriations Act shall be available for 
obligation or expenditure through a reprogramming or transfer of funds 
in accordance with section 102A(d) of the National Security Act of 1947 
(50 U.S.C. 403-1(d)) in excess of $1,000,000 or 10 percent, whichever 
is less, that --
            (1) augments existing programs, projects, or subprojects,
            (2) reduces by 10 percent funding for any existing program, 
        project, or subproject or the number of personnel by 10 percent 
        as approved by Congress, or
            (3) results from any general savings, including savings 
        from a reduction in personnel costs, which would result in a 
        change in existing programs, projects, or subprojects as 
        approved by Congress;
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    Sec. 8093.  The Director of National Intelligence shall submit to 
Congress each year, at or about the time that the President's budget is 
submitted to Congress that year under section 1105(a) of title 31, 
United States Code, a future-years intelligence program (including 
associated annexes) reflecting the estimated expenditures and proposed 
appropriations included in that budget. Any such future-years 
intelligence program shall cover the fiscal year with respect to which 
the budget is submitted and at least the four succeeding fiscal years.
    Sec. 8094.  For the purposes of this Act, the term ``congressional 
intelligence committees'' means the Permanent Select Committee on 
Intelligence of the House of Representatives, the Select Committee on 
Intelligence of the Senate, the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives, and the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate.
    Sec. 8095.  The Department of Defense shall continue to report 
incremental contingency operations costs for Operation New Dawn and 
Operation Enduring Freedom on a monthly basis in the Cost of War 
Execution Report as prescribed in the Department of Defense Financial 
Management Regulation Department of Defense Instruction 7000.14, Volume 
12, Chapter 23 ``Contingency Operations'', Annex 1, dated September 
2005.

                     (including transfer of funds)

    Sec. 8096.  During the current fiscal year, not to exceed 
$11,000,000 from each of the appropriations made in title II of this 
Act for ``Operation and Maintenance, Army'', ``Operation and 
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may 
be transferred by the military department concerned to its central fund 
established for Fisher Houses and Suites pursuant to section 2493(d) of 
title 10, United States Code.

                     (including transfer of funds)

    Sec. 8097.  Of the funds appropriated in the Intelligence Community 
Management Account for the Program Manager for the Information Sharing 
Environment, $22,000,000 is available for transfer by the Director of 
National Intelligence to other departments and agencies for purposes of 
Government-wide information sharing activities: Provided, That funds 
transferred under this provision are to be merged with and available 
for the same purposes and time period as the appropriation to which 
transferred: Provided further, That the Office of Management and Budget 
must approve any transfers made under this section: Provided further, 
That the Director of National Intelligence shall notify the Committees 
on Appropriations of the House of Representatives and the Senate of 
such transfers pursuant to section pursuant to the reprogramming 
procedures established in sections 8091 and 8092.
    Sec. 8098.  Funds appropriated by this Act for operation and 
maintenance may be available for the purpose of making remittances to 
the Defense Acquisition Workforce Development Fund in accordance with 
the requirements of section 1705 of title 10, United States Code.
    Sec. 8099. (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by the 
Congress in this or any other Act, upon the determination by the head 
of the agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee 
or Committees of Congress for no less than 45 days.
    Sec. 8100. (a) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal contract for an 
amount in excess of $1,000,000, unless the contractor agrees not to:
            (1) enter into any agreement with any of its employees or 
        independent contractors that requires, as a condition of 
        employment, that the employee or independent contractor agree 
        to resolve through arbitration any claim under title VII of the 
        Civil Rights Act of 1964 or any tort related to or arising out 
        of sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention; 
        or
            (2) take any action to enforce any provision of an existing 
        agreement with an employee or independent contractor that 
        mandates that the employee or independent contractor resolve 
        through arbitration any claim under title VII of the Civil 
        Rights Act of 1964 or any tort related to or arising out of 
        sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention.
    (b) None of the funds appropriated or otherwise made available by 
this Act may be expended for any Federal contract unless the contractor 
certifies that it requires each covered subcontractor to agree not to 
enter into, and not to take any action to enforce any provision of, any 
agreement as described in paragraphs (1) and (2) of subsection (a), 
with respect to any employee or independent contractor performing work 
related to such subcontract. For purposes of this subsection, a 
``covered subcontractor'' is an entity that has a subcontract in excess 
of $1,000,000 on a contract subject to subsection (a).
    (c) The prohibitions in this section do not apply with respect to a 
contractor's or subcontractor's agreements with employees or 
independent contractors that may not be enforced in a court of the 
United States.
    (d) The Secretary of Defense may waive the application of 
subsection (a) or (b) to a particular contractor or subcontractor for 
the purposes of a particular contract or subcontract if the Secretary 
or the Deputy Secretary personally determines that the waiver is 
necessary to avoid harm to national security interests of the United 
States, and that the term of the contract or subcontract is not longer 
than necessary to avoid such harm. The determination shall set forth 
with specificity the grounds for the waiver and for the contract or 
subcontract term selected, and shall state any alternatives considered 
in lieu of a waiver and the reasons each such alternative would not 
avoid harm to national security interests of the United States. The 
Secretary of Defense shall transmit to Congress, and simultaneously 
make public, any determination under this subsection not less than 15 
business days before the contract or subcontract addressed in the 
determination may be awarded.
    Sec. 8101. (a) Prohibition on Conversion of Functions Performed by 
Federal Employees to Contractor Performance.--None of the funds 
appropriated by this Act or otherwise made available to the Department 
of Defense may be used to begin or announce the competition to award to 
a contractor or convert to performance by a contractor any functions 
performed by Federal employees pursuant to a study conducted under 
Office of Management and Budget (OMB) Circular A-76.
    (b) Exception.--The prohibition in subsection (a) shall not apply 
to the award of a function to a contractor or the conversion of a 
function to performance by a contractor pursuant to a study conducted 
under Office of Management and Budget (OMB) Circular A-76 once all 
reporting and certifications required by section 325 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) have 
been satisfactorily completed.
    Sec. 8102. (a)(1) No National Intelligence Program funds 
appropriated in this Act may be used for a mission critical or mission 
essential business management information technology system that is not 
registered with the Director of National Intelligence. A system shall 
be considered to be registered with that officer upon the furnishing 
notice of the system, together with such information concerning the 
system as the Director of the Business Transformation Office may 
prescribe.
            (2) During the fiscal year 2012 no funds may be obligated 
        or expended for a financial management automated information 
        system, a mixed information system supporting financial and 
        non-financial systems, or a business system improvement of more 
        than $3,000,000, within the intelligence community without the 
        approval of the Business Transformation Investment Review 
        Board.
    (b) This section shall not apply to any programmatic or analytic 
systems or programmatic or analytic system improvements.
    Sec. 8103.  None of the funds made available under this Act may be 
distributed to the Association of Community Organizations for Reform 
Now (ACORN) or its subsidiaries.

                     (including transfer of funds)

    Sec. 8104.  Within the funds appropriated for operation and 
maintenance for the Defense Health Program in this Act, up to 
$132,200,000, shall be available for transfer to the Joint Department 
of Defense--Department of Veterans Affairs Medical Facility 
Demonstration Fund in accordance with the provisions of section 1704 of 
the National Defense Authorization Act for Fiscal Year 2010, Public Law 
111-84: Provided, That for purposes of section 1704(b), the facility 
operations funded are operations of the integrated Captain James A. 
Lovell Federal Health Care Center, consisting of the North Chicago 
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and 
supporting facilities designated as a combined Federal medical facility 
as described by section 706 of Public Law 110-417:  Provided further, 
That additional funds may be transferred from funds appropriated for 
operation and maintenance for the Defense Health Program to the Joint 
Department of Defense-Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Secretary of 
Defense to the Committees on Appropriations of the House of 
Representatives and the Senate.
    Sec. 8105.  The Secretaries of the Army, Navy, Air Force, and the 
Directors of the Defense Agencies and Field Activities (in coordination 
with the appropriate Principal Staff Assistant), in coordination with 
the Under Secretary of Defense for Personnel and Readiness, shall 
report to the congressional defense committees within 60 days of 
enactment of this Act their plan for documenting the number of full-
time contractor employees (or its equivalent), as required by United 
States Code title 10, section 2330a.
    Sec. 8106.  Section 310(b) of the Supplemental Appropriations Act, 
2009 (Public Law 111-32; 124 Stat. 1871), as amended by Public Law 112-
10, is amended by striking ``2 years'' both places it appears and 
inserting ``3 years''.
    Sec. 8107.  The Office of the Director of National Intelligence 
shall not employ more Senior Executive and General Schedule 15 
equivalent employees than are specified in the classified annex: 
Provided, That, notwithstanding any other provision of law, the Office 
of the Director of National Intelligence shall select individuals for 
Senior Executive positions in a manner consistent with all requirements 
established in statute and all Office of Personnel Management 
regulations, guidance and procedures governing the appointment of 
individuals to the Senior Executive Service for other Federal agencies: 
Provided further, That the Director of National Intelligence shall 
certify within 90 days of enactment of this Act to the Committees on 
Appropriations of the House of Representatives and the Senate that the 
Office of the Director of National Intelligence, in consultation with 
the Director of the Office of Personnel Management, has revised it 
selection process for Senior Executive positions to conform with Office 
of Personnel Management regulations, requirements, and procedures: 
Provided further, That during fiscal year 2012, the Office of the 
Director of National Intelligence shall not appoint any individual to a 
Senior Executive position if that person was not serving in a Senior 
Executive position in fiscal year 2011 until the Director of National 
Intelligence has submitted its new policies and procedures to the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    Sec. 8108.  None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay a retired 
general or flag officer to serve as a senior mentor advising the 
Department of Defense unless such retired officer files a Standard Form 
278 (or successor form concerning public financial disclosure under 
part 2634 of title 5, Code of Federal Regulations) to the Office of 
Government Ethics.
    Sec. 8109.  Appropriations available to the Department of Defense 
may be used for the purchase of heavy and light armored vehicles for 
the physical security of personnel or for force protection purposes up 
to a limit of $250,000 per vehicle, notwithstanding price or other 
limitations applicable to the purchase of passenger carrying vehicles.
    Sec. 8110.  Of the amounts appropriated for Military Personnel 
under title I of the Act, not to exceed 1 percent of each appropriation 
shall remain available until September 30, 2013.
    Sec. 8111.  Of the amounts appropriated for ``Operation and 
Maintenance, Defense-Wide'', $33,000,000 shall be available to the 
Secretary of Defense, notwithstanding any other provision of law, 
acting through the Office of Economic Adjustment of the Department of 
Defense, to make grants, conclude cooperative agreements, and 
supplement other Federal funds, to remain available until expended, to 
assist the civilian population of Guam in response to the military 
buildup of Guam, to include addressing the need for vehicles and 
supplies for civilian student transportation, preservation and 
repository of artifacts unearthed during military construction, and 
construction of a mental health and substance abuse facility.
    Sec. 8112.  None of the funds made available by this Act may be 
used by the Secretary of Defense to operate more than 1,000 parking 
spaces provided by the combination spaces provided by the BRAC 133 
project and the lease of spaces in the immediate vicinity of the BRAC 
133 project.
    Sec. 8113. (a) None of the funds provided in this title for 
Operation and Maintenance may be available for obligation or 
expenditure to relocate Air Force program offices, or acquisition 
management functions of major weapons systems, to a central location, 
or to any location other than the Air Force Material Command site where 
they are currently located until 30 days after the Secretary of the Air 
Force submits the initial report under subsection (b).
    (b) The Secretary of the Air Force shall submit to the 
congressional defense committees a report which includes the following: 
a listing of all Air Force Material Command functions to be transferred 
and an identification of the locations where these functions will be 
transferred from and to; a listing of all Air Force Material Command 
personnel positions to be transferred and an identification of the 
locations these positions will be transferred from and to; and the cost 
benefit analysis and the life-cycle cost analysis underpinning the 
Secretary of the Air Forces decisions to relocate Air Force Material 
Command functions and personnel.
    Sec. 8114.  Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Defense shall resume monthly reporting of 
the numbers of civilian personnel end strength by appropriation account 
for each and every appropriation account used to finance federal 
civilian personnel salaries to the congressional defense committees.
    Sec. 8115.  In addition to amounts provided elsewhere in this Act, 
$10,000,000 is hereby appropriated, for an additional amount for 
``Research, Development, Test and Evaluation, Army'', to remain 
available until September 30, 2013. Such funds may be available for the 
Secretary of the Army to conduct research on alternative energy 
resources for deployed forces.
    Sec. 8116. (a) None of the funds appropriated in this Act for the 
National Intelligence Program or the Military Intelligence Program are 
available to establish a new federally funded research and development 
center (FFRDC), either as a new entity, or as a separate entity 
administrated by an organization managing another FFRDC, or as a 
nonprofit membership corporation consisting of a consortium of other 
FFRDCs and other nonprofit entities.
    (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense or intelligence FFRDC, and no paid 
consultant to any defense or intelligence FFRDC, except when acting in 
a technical advisory capacity, may be compensated for his or her 
services as a member of such entity, or as a paid consultant by more 
than one FFRDC in a fiscal year:  Provided, That a member of any such 
entity referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Federal Joint 
Travel Regulations, when engaged in the performance of membership 
duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to a National Intelligence Program or Military Intelligence 
Program from any source during fiscal year 2012 may be used by a 
defense or intelligence FFRDC, through a fee or other payment 
mechanism, for construction of new buildings, for payment of cost 
sharing for projects funded by Government grants, for absorption of 
contract overruns, or for certain charitable contributions, not to 
include employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the National Intelligence Program or Military Intelligence 
Program during fiscal year 2012, the total level of funding and staff 
years of technical effort (staff years) for FFRDCs shall not exceed the 
allocation included in the classified annex accompanying this Act.
    (e) The Secretary of Defense and the Director of National 
Intelligence shall, with the submission of the fiscal year 2013 budget 
request, submit a report presenting the specific amounts of staff years 
of technical effort to be allocated for each FFRDC during that fiscal 
year and the associated budget estimates for the National Intelligence 
Programs and Military Intelligence Programs: Provided, That such 
information shall be provided in a classified manner.
    (f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for National Intelligence Program and 
Military Intelligence Program FFRDCs is hereby reduced by the amount 
specified in the classified annex.
    Sec. 8117.  The Secretary of Defense shall study and report to the 
Congressional Defense Committees the feasibility of using commercially 
available telecommunications expense management solutions across the 
Department of Defense by March 1, 2012.
    Sec. 8118.  None of the funds appropriated in this or any other Act 
may be used to plan, prepare for, or otherwise take any action to 
undertake or implement the separation of the National Intelligence 
Program budget from the Department of Defense budget.
    Sec. 8119.  None of the funds appropriated in title II in this Act 
for ``Operation and Maintenance'' may be used for Information 
Operations/Military Information Support Operations activities.

                     (including transfer of funds)

    Sec. 8120.  Upon a determination by the Director of National 
Intelligence that such action is necessary and in the national 
interest, the Director may, with the approval of the Office of 
Management and Budget, transfer not to exceed $1,000,000,000 of the 
funds made available in this Act to the intelligence community and the 
associated Agencies for intelligence functions (except military 
construction) between such appropriations or funds or any subdivision 
thereof, to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to which 
transferred: Provided, That such authority to transfer may not be used 
unless for higher priority items, based on unforeseen intelligence 
requirements, than those for which originally appropriated and in no 
case where the item for which funds are requested has been denied by 
the Congress: Provided further, That such transfers shall be made only 
in accordance with sections 8091 and 8092 of the Act: Provided further, 
That no part of the funds in this Act shall be available to prepare or 
present a request to the Committees on Appropriations of the House of 
Representatives and Senate for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress: 
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made prior to June 
30, 2012.
    Sec. 8121.  Notwithstanding any other provision of this Act, to 
reflect savings from revised economic assumptions, the total amount 
appropriated in title II of this Act is hereby reduced by $501,800,000, 
the total amount appropriated in title III of this Act is hereby 
reduced by $484,800,000, and the total amount appropriated in title IV 
of this Act is hereby reduced by $323,500,000: Provided, That the 
Secretary of Defense shall allocate this reduction proportionally to 
each budget activity, activity group, subactivity group, and each 
program, project, and activity, within each appropriation account.

                     (including transfer of funds)

    Sec. 8122.  In addition to amounts provided elsewhere in this Act, 
there is appropriated $250,000,000, for an additional amount for 
``Operation and Maintenance, Defense-Wide'', to be available until 
expended:  Provided, That such funds shall only be available to the 
Secretary of Defense, acting through the Office of Economic Adjustment 
of the Department of Defense, or for transfer to the Secretary of 
Education, notwithstanding any other provision of law, to make grants, 
conclude cooperative agreements, or supplement other Federal funds to 
construct, renovate, repair, or expand elementary and secondary public 
schools on military installations in order to address capacity or 
facility condition deficiencies at such schools:  Provided further, 
That in making such funds available, the Office of Economic Adjustment 
or the Secretary of Education shall give priority consideration to 
those military installations with schools having the most serious 
capacity or facility condition deficiencies as determined by the 
Secretary of Defense.
    Sec. 8123.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other 
detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
    Sec. 8124. (a)(1) Except as provided in paragraph (2), none of the 
funds appropriated or otherwise made available in this or any other Act 
may be used to transfer any individual detained at Guantanamo to the 
custody or effective control of the individual's country of origin, any 
other foreign country, or any other foreign entity unless the Secretary 
of Defense submits to Congress the certification described in 
subsection (b) by not later than 30 days before the transfer of the 
individual.
    (2) Paragraph (1) shall not apply to any action taken by the 
Secretary of Defense to transfer any individual detained at Guantanamo 
to effectuate an order affecting the disposition of the individual that 
is issued by a court or competent tribunal of the United States having 
lawful jurisdiction. The Secretary of Defense shall notify Congress 
promptly upon issuance of any such order.
    (b) The certification described in this subsection is a written 
certification made by the Secretary of Defense, with the concurrence of 
the Secretary of State, that the government of the foreign country or 
the recognized leadership of the foreign entity to which the individual 
detained at Guantanamo is to be transferred--
    (1) is not a designated state sponsor of terrorism or a designated 
foreign terrorist organization;
    (2) maintains effective control over each detention facility in 
which an individual is to be detained if the individual is to be housed 
in a detention facility;
    (3) is not, as of the date of the certification, facing a threat 
that is likely to substantially affect its ability to exercise control 
over the individual;
    (4) has agreed to take effective steps to ensure that the 
individual cannot take action to threaten the United States, its 
citizens, or its allies in the future;
    (5) has taken such steps as the Secretary determines are necessary 
to ensure that the individual cannot engage or reengage in any 
terrorist activity; and
    (6) has agreed to share any information with the United States 
that--
            (A) is related to the individual or any associates of the 
        individual; and
            (B) could affect the security of the United States, its 
        citizens, or its allies.
    (7) has agreed to allow appropriate agencies of the United States 
to have access to the individual, if requested.
    (c)(1) Except as provided in paragraph (3), none of the funds 
appropriated or otherwise made available in this or any other Act may 
be used to transfer any individual detained at Guantanamo to the 
custody or effective control of the individual's country of origin, any 
other foreign country, or any other foreign entity if there is a 
confirmed case of any individual who was detained at United States 
Naval Station, Guantanamo Bay, Cuba, at any time after September 11, 
2001, who was transferred to the foreign country or entity and 
subsequently engaged in any terrorist activity.
    (2) The Secretary of Defense may waive the prohibition in paragraph 
(1) if the Secretary determines that such a transfer is in the national 
security interests of the United States and includes, as part of the 
certification described in subsection (b) relating to such transfer, 
the determination of the Secretary under this paragraph.
    (3) Paragraph (1) shall not apply to any action taken by the 
Secretary to transfer any individual detained at Guantanamo to 
effectuate an order affecting the disposition of the individual that is 
issued by a court or competent tribunal of the United States having 
lawful jurisdiction. The Secretary shall notify Congress promptly upon 
issuance of any such order.
    (d) For the purposes of this section:
            (1) The term ``individual detained at Guantanamo'' means 
        any individual who is located at United States Naval Station, 
        Guantanamo Bay, Cuba, as of October 1, 2009, who--
                    (A) is not a citizen of the United States or a 
                member of the Armed Forces of the United States; and
                    (B) is--
                            (i) in the custody or under the effective 
                        control of the Department of Defense; or
                            (ii) otherwise under detention at United 
                        States Naval Station, Guantanamo Bay, Cuba.
            (2) The term ``foreign terrorist organization'' means any 
        organization so designated by the Secretary of State under 
        section 219 of the Immigration and Nationality Act (8 
        U.S.C.1189).
    Sec. 8125. (a) None of the funds appropriated or otherwise made 
available by this or any other Act may be used to modify any facility 
in the United States, its territories, or possessions to house any 
individual described in subsection (c) for the purposes of detention or 
imprisonment in the custody or under the effective control of the 
Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of 
        the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control 
                of the Department of Defense; or
                    (B) otherwise under detention at United States 
                Naval Station, Guantanamo Bay, Cuba.
    Sec. 8126. (a) In General.--Of the funds made available to the 
Department of Defense under ``Operation and Maintenance, Defense-Wide'' 
in title II, $1,000,000 shall be available to the Department to 
commission through a competitive, independent, private sector entity 
that is an organization described in section 501(c)(3) of the Internal 
Revenue Code of 1986 and exempt from tax under section 501(a) of such 
Code, and has recognized credentials and expertise in military affairs, 
to conduct a forward-looking, independent assessment of the current and 
prospective situation on the ground in Afghanistan and Pakistan, its 
impact on the surrounding region, and its consequences for United 
States interests. The entity shall examine 4 broad topic areas to 
include the strategic environment in and around Afghanistan and 
Pakistan, as well as security, political, and economic and 
reconstruction developments in those 2 countries.
    (b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the entity described in subsection (a) shall 
submit to the President and the Congress a report on the assessment 
conducted under subsection (a), including relevant policy 
recommendations relating thereto.
    (c) Sense of Congress.--It is the sense of Congress that the entity 
described in subsection (a) should be modeled on the Iraq Study Group.
    Sec. 8127.  Not more than $200,000,000 of the funds made available 
by this Act may be expended for military musical units (as defined in 
section 974 of title 10, United States Code).
    Sec. 8128.  Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on the approximately $100,000,000,000 in 
efficiency savings identified by the military departments in the 
defense budget covering fiscal years 2012 through 2016 that are to be 
reinvested in the priorities of the military departments. Such report 
shall include an analysis of--
            (1) each savings identified by the military departments, 
        including--
                    (A) the budget account from which such savings will 
                be derived;
                    (B) the number of military personnel and full-time 
                civilian employees of the Federal Government affected 
                by such savings;
                    (C) the estimated reductions in the number and 
                funding of contractor personnel caused by such savings; 
                and
                    (D) a specific description of activities or 
                services that will be affected by such savings, 
                including the locations of such activities or services; 
                and
            (2) each reinvestment planned to be funded with such 
        savings, including--
                    (A) with respect to such reinvestment in 
                procurement and research, development, test and 
                evaluation accounts, the budget account to which such 
                savings will be reinvested, including, by line item, 
                the number of items to be procured, as shown in annual 
                P-1 and R-1 documents;
                    (B) with respect to such reinvestment in military 
                personnel and operation and maintenance accounts, the 
                budget account and the subactivity (as shown in 
                annual--1 and O-1 budget documents) to which such 
                savings will be reinvested;
                    (C) the number of military personnel and full-time 
                civilian employees of the Federal Government affected 
                by such reinvestment;
                    (D) the estimated number and funding of contractor 
                personnel affected by such reinvestment; and
                    (E) a specific description of activities or 
                services that will be affected by such reinvestment, 
                including the locations of such activities or services.
    Sec. 8129.  None of the funds made available by this Act may be 
used to enter into a contract, memorandum of understanding, or 
cooperative agreement with, make a grant to, or provide a loan or loan 
guarantee to, any corporation that any unpaid Federal tax liability 
that has been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that is not being paid 
in a timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability.
    Sec. 8130.  None of the funds made available by this Act may be 
used to enter into a contract, memorandum of understanding, or 
cooperative agreement with, make a grant to, or provide a loan or loan 
guarantee to, any corporation that was convicted of a felony criminal 
violation under any Federal law within the preceding 24 months.

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$6,822,635,000: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$919,034,000: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$675,360,000: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,436,353,000: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$207,162,000: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$44,530,000: Provided, That each amount in this paragraph is designated 
as being for the global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress).

                    Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$25,421,000: Provided, That each amount in this paragraph is designated 
as being for the global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress).

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$26,815,000: Provided, That each amount in this paragraph is designated 
as being for the global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress).

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$646,879,000: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $9,435,000: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$39,175,755,000: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$6,749,489,000: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $3,571,210,000: Provided, That each amount in this paragraph 
is designated as being for the global war on terrorism pursuant to 
section 301 of H. Con. Res. 34 (112th Congress).

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $10,739,587,000: Provided, That each amount in this paragraph 
is designated as being for the global war on terrorism pursuant to 
section 301 of H. Con. Res. 34 (112th Congress).

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $9,312,876,000: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress): Provided further, That of the 
funds provided under this heading:
            (1) Not to exceed $12,500,000 for the Combatant Commander 
        Initiative Fund, to be used in support of Operation New Dawn 
        and Operation Enduring Freedom.
            (2) Not to exceed $1,750,000,000, to remain available until 
        expended, for payments to reimburse key cooperating nations for 
        logistical, military, and other support, including access 
        provided to United States military operations in support of 
        Operation New Dawn and Operation Enduring Freedom, 
        notwithstanding any other provision of law:  Provided, That 
        such reimbursement payments may be made in such amounts as the 
        Secretary of Defense, with the concurrence of the Secretary of 
        State, and in consultation with the Director of the Office of 
        Management and Budget, may determine, in his discretion, based 
        on documentation determined by the Secretary of Defense to 
        adequately account for the support provided, and such 
        determination is final and conclusive upon the accounting 
        officers of the United States, and 15 days following 
        notification to the appropriate congressional committees:  
        Provided further, That the requirement to provide notification 
        shall not apply with respect to a reimbursement for access 
        based on an international agreement: Provided further, That 
        these funds may be used for the purpose of providing 
        specialized training and procuring supplies and specialized 
        equipment and providing such supplies and loaning such 
        equipment on a non-reimbursable basis to coalition forces 
        supporting United States military operations in Iraq and 
        Afghanistan, and 15 days following notification to the 
        appropriate congressional committees:  Provided further, That 
        the Secretary of Defense shall provide quarterly reports to the 
        congressional defense committees on the use of funds provided 
        in this paragraph.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $217,500,000: Provided, That each amount in this paragraph 
is designated as being for the global war on terrorism pursuant to 
section 301 of H. Con. Res. 34 (112th Congress).

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $74,148,000: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $36,084,000: Provided, That each amount in this 
paragraph is designated as being for the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress).

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $142,050,000: Provided, That each amount in this paragraph 
is designated as being for the global war on terrorism pursuant to 
section 301 of H. Con. Res. 34 (112th Congress).

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $387,544,000: Provided, That each amount in this 
paragraph is designated as being for the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress).

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $34,050,000: Provided, That each amount in this 
paragraph is designated as being for the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress).

             Overseas Contingency Operations Transfer Fund

                     (including transfer of funds)

    In addition to amounts provided elsewhere in this Act, there is 
appropriated $5,000,000,000 for the ``Overseas Contingency Operations 
Transfer Fund'' for expenses directly relating to overseas contingency 
operations by United States military forces, to be available until 
expended: Provided, That each amount in this paragraph is designated as 
being for the global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress): Provided further, That of the funds made 
available in this section, the Secretary of Defense may transfer these 
funds only to military personnel accounts, operation and maintenance 
accounts, procurement accounts, and working capital fund accounts: 
Provided further, That the funds transferred shall be merged with and 
shall be available for the same purposes and for the same time period, 
as the appropriation to which transferred: Provided further, that the 
Secretary shall notify the congressional defense committees 15 days 
prior to such transfer: Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority available to the Department of Defense: Provided further, 
That upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this appropriation and 
shall be available for the same purposes and for the same time period 
as originally appropriated.

                    Afghanistan Infrastructure Fund

                     (including transfer of funds)

    There is hereby established in the Treasury of the United States 
the ``Afghanistan Infrastructure Fund''. For the ``Afghanistan 
Infrastructure Fund'', $475,000,000, to remain available until 
September 30, 2013:  Provided, That such sums shall be available for 
infrastructure projects in Afghanistan, notwithstanding any other 
provision of law, which shall be undertaken by the Secretary of State, 
unless the Secretary of State and the Secretary of Defense jointly 
decide that a specific project will be undertaken by the Department of 
Defense:  Provided further, That the infrastructure referred to in the 
preceding proviso is in support of the counterinsurgency strategy, 
requiring funding for facility and infrastructure projects, including, 
but not limited to, water, power, and transportation projects and 
related maintenance and sustainment costs:  Provided further, That the 
authority to undertake such infrastructure projects is in addition to 
any other authority to provide assistance to foreign nations:  Provided 
further, That any projects funded by this appropriation shall be 
jointly formulated and concurred in by the Secretary of State and 
Secretary of Defense:  Provided further, That funds may be transferred 
to the Department of State for purposes of undertaking projects, which 
funds shall be considered to be economic assistance under the Foreign 
Assistance Act of 1961 for purposes of making available the 
administrative authorities contained in that Act:  Provided further, 
That the transfer authority in the preceding proviso is in addition to 
any other authority available to the Department of Defense to transfer 
funds:  Provided further, That any unexpended funds transferred to the 
Secretary of State under this authority shall be returned to the 
Afghanistan Infrastructure Fund if the Secretary of State, in 
coordination with the Secretary of Defense, determines that the project 
cannot be implemented for any reason, or that the project no longer 
supports the counterinsurgency strategy in Afghanistan:  Provided 
further, That any funds returned to the Secretary of Defense under the 
previous proviso shall be available for use under this appropriation 
and shall be treated in the same manner as funds not transferred to the 
Secretary of State:  Provided further, That contributions of funds for 
the purposes provided herein to the Secretary of State in accordance 
with section 635(d) of the Foreign Assistance Act from any person, 
foreign government, or international organization may be credited to 
this Fund, to remain available until expended, and used for such 
purposes:  Provided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to making transfers to or from, or obligations 
from the Fund, notify the appropriate committees of Congress in writing 
of the details of any such transfer:  Provided further, That for the 
purpose of the section the ``appropriate committees of Congress'' are 
the Committees on Armed Services, Foreign Relations and Appropriations 
of the Senate and the Committees on Armed Services, Foreign Affairs and 
Appropriations of the House of Representatives: Provided further, That 
each amount in this paragraph is designated as being for the global war 
on terrorism pursuant to section 301 of H. Con. Res. 34 (112th 
Congress).

                    Afghanistan Security Forces Fund

                     (including transfer of funds)

    For the ``Afghanistan Security Forces Fund'', $12,800,000,000, to 
remain available until September 30, 2013: Provided, That such funds 
shall be available to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Commander, 
Combined Security Transition Command--Afghanistan, or the Secretary's 
designee, to provide assistance, with the concurrence of the Secretary 
of State, to the security forces of Afghanistan, including the 
provision of equipment, supplies, services, training, facility and 
infrastructure repair, renovation, and construction, and funding: 
Provided further, That the authority to provide assistance under this 
heading is in addition to any other authority to provide assistance to 
foreign nations:  Provided further, That up to $15,000,000 of these 
funds may be available for coalition police trainer life support costs: 
Provided further, That contributions of funds for the purposes provided 
herein from any person, foreign government, or international 
organization may be credited to this Fund and used for such purposes: 
Provided further, That the Secretary of Defense shall notify the 
congressional defense committees in writing upon the receipt and upon 
the obligation of any contribution, delineating the sources and amounts 
of the funds received and the specific use of such contributions: 
Provided further, That the Secretary of Defense shall, not fewer than 
15 days prior to obligating from this appropriation account, notify the 
congressional defense committees in writing of the details of any such 
obligation: Provided further, That the Secretary of Defense shall 
notify the congressional defense committees of any proposed new 
projects or transfer of funds between budget sub-activity groups in 
excess of $20,000,000: Provided further, That each amount in this 
paragraph is designated as being for the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress).

                    Pakistan Counterinsurgency Fund

                     (including transfer of funds)

    For the ``Pakistan Counterinsurgency Fund'', $1,100,000,000, to 
remain available until September 30, 2013: Provided, That such funds 
shall be available to the Secretary of Defense, with the concurrence of 
the Secretary of State, notwithstanding any other provision of law, for 
the purpose of allowing the Secretary of Defense, or the Secretary's 
designee, to provide assistance to Pakistan's security forces; 
including program management and the provision of equipment, supplies, 
services, training, and funds; and facility and infrastructure repair, 
renovation, and construction to build the counterinsurgency capability 
of Pakistan's military and Frontier Corps: Provided further, That the 
authority to provide assistance under this provision is in addition to 
any other authority to provide assistance to foreign nations: Provided 
further, That the Secretary of Defense may transfer funds provided 
herein to appropriations for operation and maintenance; procurement; 
research, development, test and evaluation; defense working capital 
funds; and to the Department of State, Pakistan Counterinsurgency 
Capability Fund to accomplish the purpose provided herein: Provided 
further, That the transfer authority in the preceding proviso is in 
addition to any other authority available to the Department of Defense 
to transfer funds: Provided further, That funds so transferred shall be 
merged with and be available for the same purposes and for the same 
time period as the appropriation or fund to which transferred: Provided 
further, That the Secretary of Defense shall, not fewer than 15 days 
prior to making transfers from this appropriation account, notify the 
Committees on Appropriations in writing of the details of any such 
transfer: Provided further, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$387,900,000, to remain available until September 30, 2014: Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$118,412,000, to remain available until September 30, 2014: Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $37,117,000, to remain available until 
September 30, 2014: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$208,381,000, to remain available until September 30, 2014: Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$1,398,195,000, to remain available until September 30, 2014: Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$492,060,000, to remain available until September 30, 2014: Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$41,070,000, to remain available until September 30, 2014: Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $317,100,000, to remain available until September 30, 
2014: Provided, That each amount in this paragraph is designated as 
being for the global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress).

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$249,514,000, to remain available until September 30, 2014: Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$1,183,996,000, to remain available until September 30, 2014: Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$440,265,000, to remain available until September 30, 2014: Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$46,920,000, to remain available until September 30, 2014: Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $139,510,000, to remain available until September 30, 2014: 
Provided, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$3,213,010,000, to remain available until September 30, 2014: Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$406,668,000, to remain available until September 30, 2014: Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons and other procurement for the reserve 
components of the Armed Forces, $1,500,000,000, to remain available for 
obligation until September 30, 2014, of which $490,000,000 shall be 
available only for the Army National Guard:  Provided, That the Chiefs 
of National Guard and Reserve components shall, not later than 30 days 
after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective National Guard or Reserve component: Provided 
further, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

    For the Mine Resistant Ambush Protected Vehicle Fund, 
$3,195,170,000, to remain available until September 30, 2013: Provided, 
That such funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, to procure, sustain, 
transport, and field Mine Resistant Ambush Protected vehicles: Provided 
further, That the Secretary shall transfer such funds only to 
appropriations made available in this or any other Act for operation 
and maintenance; procurement; research, development, test and 
evaluation; and defense working capital funds to accomplish the purpose 
provided herein: Provided further, That such funds transferred shall be 
merged with and be available for the same purposes and the same time 
period as the appropriation to which transferred: Provided further, 
That this transfer authority is in addition to any other transfer 
authority available to the Department of Defense: Provided further, 
That the Secretary shall, not fewer than 10 days prior to making 
transfers from this appropriation, notify the congressional defense 
committees in writing of the details of any such transfer: Provided 
further, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $8,513,000, to remain available until September 30, 
2013: Provided, That each amount in this paragraph is designated as 
being for the global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress).

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $53,884,000, to remain available until September 
30, 2013: Provided, That each amount in this paragraph is designated as 
being for the global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress).

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $182,000,000, to remain available until 
September 30, 2013: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $192,361,000, to remain available until 
September 30, 2013: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$435,013,000: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$1,228,288,000, which shall be for operation and maintenance: Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).

             Drug Interdiction and Counter-Drug Activities

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities'', $469,458,000, to remain available until September 30, 
2013:  Provided, That each amount in this paragraph is designated as 
being for the global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress).

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

    For an additional amount for ``Joint Improvised Explosive Device 
Defeat Fund'', $2,577,500,000, to remain available until September 30, 
2014:  Provided, That such funds shall be available to the Secretary of 
Defense, notwithstanding any other provision of law, for the purpose of 
allowing the Director of the Joint Improvised Explosive Device Defeat 
Organization to investigate, develop and provide equipment, supplies, 
services, training, facilities, personnel and funds to assist United 
States forces in the defeat of improvised explosive devices:  Provided 
further, That the Secretary of Defense may transfer funds provided 
herein to appropriations for military personnel; operation and 
maintenance; procurement; research, development, test and evaluation; 
and defense working capital funds to accomplish the purpose provided 
herein:  Provided further, That this transfer authority is in addition 
to any other transfer authority available to the Department of Defense: 
 Provided further, That the Secretary of Defense shall, not fewer than 
15 days prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer: Provided further, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                    Office of the Inspector General

    For an additional amount for the ``Office of the Inspector 
General'', $11,055,000: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 9001.  Notwithstanding any other provision of law, funds made 
available in this title are in addition to amounts appropriated or 
otherwise made available for the Department of Defense for 2012.

                     (including transfer of funds)

    Sec. 9002.  Upon the determination of the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may, 
with the approval of the Office of Management and Budget, transfer up 
to $3,000,000,000 between the appropriations or funds made available to 
the Department of Defense in this title: Provided, That the Secretary 
shall notify the Congress promptly of each transfer made pursuant to 
the authority in this section: Provided further, That the authority 
provided in this section is in addition to any other transfer authority 
available to the Department of Defense and is subject to the same terms 
and conditions as the authority provided in the Department of Defense 
Appropriations Act, 2012.
    Sec. 9003.  Supervision and administration costs associated with a 
construction project funded with appropriations available for operation 
and maintenance, ``Afghanistan Infrastructure Fund'' or the 
``Afghanistan Security Forces Fund'' provided in this Act and executed 
in direct support of overseas contingency operations in Afghanistan, 
may be obligated at the time a construction contract is awarded: 
Provided, That for the purpose of this section, supervision and 
administration costs include all in-house Government costs.
    Sec. 9004.  From funds made available in this title, the Secretary 
of Defense may purchase for use by military and civilian employees of 
the Department of Defense in the U. S. Central Command area of 
responsibility: (a) passenger motor vehicles up to a limit of $75,000 
per vehicle and (b) heavy and light armored vehicles for the physical 
security of personnel or for force protection purposes up to a limit of 
$250,000 per vehicle, notwithstanding price or other limitations 
applicable to the purchase of passenger carrying vehicles.
    Sec. 9005.  Not to exceed $400,000,000 of the amount appropriated 
in this title under the heading ``Operation and Maintenance, Army'' may 
be used, notwithstanding any other provision of law, to fund the 
Commander's Emergency Response Program (CERP), for the purpose of 
enabling military commanders in Afghanistan to respond to urgent, small 
scale, humanitarian relief and reconstruction requirements within their 
areas of responsibility:  Provided, That each project (including any 
ancillary or related elements in connection with such project) executed 
under this authority shall not exceed $20,000,000:  Provided further, 
That not later than 45 days after the end of each fiscal year quarter, 
the Secretary of Defense shall submit to the congressional defense 
committees a report regarding the source of funds and the allocation 
and use of funds during that quarter that were made available pursuant 
to the authority provided in this section or under any other provision 
of law for the purposes described herein:  Provided further, That, not 
later than 30 days after the end of each month, the Army shall submit 
to the congressional defense committees monthly commitment, obligation, 
and expenditure data for the Commander's Emergency Response Program in 
Afghanistan:  Provided further, That not less than 15 days before 
making funds available pursuant to the authority provided in this 
section or under any other provision of law for the purposes described 
herein for a project with a total anticipated cost for completion of 
$5,000,000 or more, the Secretary shall submit to the congressional 
defense committees a written notice containing each of the following:
            (1) The location, nature and purpose of the proposed 
        project, including how the project is intended to advance the 
        military campaign plan for the country in which it is to be 
        carried out.
            (2) The budget, implementation timeline with milestones, 
        and completion date for the proposed project, including any 
        other CERP funding that has been or is anticipated to be 
        contributed to the completion of the project.
            (3) A plan for the sustainment of the proposed project, 
        including the agreement with either the host nation, a non-
        Department of Defense agency of the United States Government or 
        a third party contributor to finance the sustainment of the 
        activities and maintenance of any equipment or facilities to be 
        provided through the proposed project.
    Sec. 9006.  Funds available to the Department of Defense for 
operation and maintenance may be used, notwithstanding any other 
provision of law, to provide supplies, services, transportation, 
including airlift and sealift, and other logistical support to 
coalition forces supporting military and stability operations in Iraq 
and Afghanistan: Provided, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees regarding 
support provided under this section.
    Sec. 9007.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended by 
the United States Government for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control over any oil resource 
        of Iraq.
            (3) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Afghanistan.
    Sec. 9008.  None of the funds made available in this Act may be 
used in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at 
New York on December 10, 1984):
            (1) Section 2340A of title 18, United States Code.
            (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 105-277; 
        112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
        prescribed thereto, including regulations under part 208 of 
        title 8, Code of Federal Regulations, and part 95 of title 22, 
        Code of Federal Regulations.
            (3) Sections 1002 and 1003 of the Department of Defense, 
        Emergency Supplemental Appropriations to Address Hurricanes in 
        the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public 
        Law 109-148).
    Sec. 9009. (a) The Secretary of Defense shall submit to the 
congressional defense committees not later than 45 days after the end 
of each fiscal quarter a report on the proposed use of all funds 
appropriated by this or any prior Act under each of the headings 
Afghanistan Security Forces Fund, Afghanistan Infrastructure Fund, and 
Pakistan Counterinsurgency Fund on a project-by-project basis, for 
which the obligation of funds is anticipated during the 3-month period 
from such date, including estimates for the accounts referred to in 
this section of the costs required to complete each such project.
    (b) The report required by this subsection shall include the 
following:
            (1) The use of all funds on a project-by-project basis for 
        which funds appropriated under the headings referred to in 
        subsection (a) were obligated prior to the submission of the 
        report, including estimates for the accounts referred to in 
        subsection (a) of the costs to complete each project.
            (2) The use of all funds on a project-by-project basis for 
        which funds were appropriated under the headings referred to in 
        subsection (a) in prior appropriations Acts, or for which funds 
        were made available by transfer, reprogramming, or allocation 
        from other headings in prior appropriations Acts, including 
        estimates for the accounts referred to in subsection (a) of the 
        costs to complete each project.
            (3) An estimated total cost to train and equip the 
        Afghanistan and Pakistan security forces, disaggregated by 
        major program and sub-elements by force, arrayed by fiscal 
        year.
    Sec. 9010. (a) Funding for Outreach and Reintegration Services 
Under Yellow Ribbon Reintegration Program.--Of the amounts appropriated 
or otherwise made available by title IX, up to $20,000,000 may be 
available for outreach and reintegration services under the Yellow 
Ribbon Reintegration Program under section 582(h) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 125; 10 U.S.C. 10101 note).
    (b) Supplement Not Supplant.--The amount made available by 
subsection (a) for the services described in that subsection is in 
addition to any other amounts available in this Act for such services.
    Sec. 9011.  Funds made available in this title to the Department of 
Defense for operation and maintenance may be used to purchase items 
having an investment unit cost of not more than $250,000: Provided, 
That, upon determination by the Secretary of Defense that such action 
is necessary to meet the operational requirements of a Commander of a 
Combatant Command engaged in contingency operations overseas, such 
funds may be used to purchase items having an investment item unit cost 
of not more than $500,000.
    Sec. 9012. (a) The Task Force for Business and Stability Operations 
in Afghanistan may, subject to the direction and control of the 
Secretary of Defense and with the concurrence of the Secretary of 
State, carry out projects in fiscal year 2012 to assist the commander 
of the United States Central Command in developing a link between 
United States military operations in Afghanistan under Operation 
Enduring Freedom and the economic elements of United States national 
power in order to reduce violence, enhance stability, and restore 
economic normalcy in Afghanistan through strategic business and 
economic opportunities.
    (b) The projects carried out under paragraph (a) may include 
projects that facilitate private investment, industrial development, 
banking and financial system development, agricultural diversification 
and revitalization, and energy development in and with respect to 
Afghanistan.
    (c) The Secretary may use up to $150,000,000 of the funds available 
for overseas contingency operations in ``Operation and Maintenance, 
Army'' for additional activities to carry out projects under paragraph 
(a).
    Sec. 9013.  From funds made available in this title to the 
Department of Defense for operation and maintenance, up to $524,000,000 
may be used by the Secretary of Defense, notwithstanding any other 
provision of law, to support the United States Government transition 
activities in Iraq by undertaking facilities renovation and 
construction associated with establishing Office of Security 
Cooperation locations, at no more than ten sites, in Iraq:  Provided, 
That not less than 15 days before making funds available pursuant to 
the authority provided in this section, the Secretary shall submit to 
the congressional defense committees a written notice containing a 
detailed justification and timeline for each proposed site and the 
source of funds.
    Sec. 9014. (a) Not more than 85 percent of the funds provided in 
this title for operation and maintenance may be available for 
obligation or expenditure until the date on which the Secretary of 
Defense submits the report under subsection (b).
    (b) Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the congressional defense 
committees a report on contractor employees in the United States 
Central Command, including--
            (1) the number of employees of a contractor awarded a 
        contract by the Department of Defense (including subcontractor 
        employees) who are employed at the time of the report in the 
        area of operations of the United States Central Command, 
        including a list of the number of such employees in each of 
        Iraq, Afghanistan, and all other areas of operations of the 
        United States Central Command; and
            (2) for each fiscal year quarter beginning on the date of 
        the report and ending on September 30, 2012--
                    (A) the number of such employees planned by the 
                Secretary to be employed during each such period in 
                each of Iraq, Afghanistan, and all other areas of 
                operations of the United States Central Command; and
                    (B) an explanation of how the number of such 
                employees listed under subparagraph (A) relates to the 
                planned number of military personnel in such locations.
    Sec. 9015.  Of the amounts appropriated or transferred to the 
Pakistan Counterinsurgency Fund (hereafter in this subsection referred 
to as the `Fund') for any fiscal year after fiscal year 2011--
            (1) not more than 25 percent of such amounts may be 
        obligated or expended until such time as the Secretary of 
        Defense, with the concurrence of the Secretary of State--
                    (A) submits to the appropriate congressional 
                committees a report on the strategy to utilize the Fund 
                and the metrics used to determine progress with respect 
                to the Fund; and
                    (B) notifies the appropriate congressional 
                committees of the intent of the Secretary to obligate 
                or expend amounts that are in excess of such 25 percent 
                and a period of 30 days has elapsed following such 
                notification.
            (2) Notwithstanding any other provision of law, none of the 
        amounts described in the matter preceding paragraph (1) shall 
        be available for reprogramming.
            (3) Such report shall include, at a minimum, the following:
                    (A) A discussion of United States strategic 
                objectives in Pakistan.
                    (B) A listing of the terrorist or extremist 
                organizations in Pakistan opposing United States goals 
                in the region and against which the United States 
                encourages Pakistan to take action.
                    (C) A discussion of the gaps in capabilities of 
                Pakistani security units that hamper the ability of the 
                Government of Pakistan to take action against the 
                organizations listed in subparagraph (B).
                    (D) A discussion of how assistance provided 
                utilizing the Fund will address the gaps in 
                capabilities listed in subparagraph (C).
                    (E) A discussion of other efforts undertaken by 
                other United States Government departments and agencies 
                to address the gaps in capabilities listed in 
                subparagraph (C) or complementary activities of the 
                Department of Defense and how those efforts are 
                coordinated with the activities undertaken to utilize 
                the Fund.
                    (F) Metrics that will be used to track progress in 
                achieving the United States strategic objectives in 
                Pakistan, to track progress of the Government of 
                Pakistan in combating the organizations listed in 
                subparagraph (B), and to address the gaps in 
                capabilities listed in subparagraph (C).
    Sec. 9016. (a) Not to exceed $176,575,000 from amounts made 
available to the Department of Defense in this Act or any other Act for 
fiscal year 2012 may be obligated for information operations or 
military information support operations: Provided, That such amount is 
to be derived from the amounts provided in title IX of this Act for the 
following accounts in this title as follows:
            ``Operations and Maintenance, Army'', $104,675,000;
            ``Operations and Maintenance, Navy'', $1,200,000;
            ``Operations and Maintenance, Air Force'', $20,400,000; and
            ``Operations and Maintenance, Defense Wide'', $50,300,000.
    (b) Such amounts are to be allocated only in accordance with the 
direction and for the purposes specified in the classified annex 
accompanying this Act.

                             (rescissions)

    Sec. 9017.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following account in the specified amount:
    ``Mine Resistant Ambush Protection Vehicle Fund'', 2011/2013, 
$595,000,000.

                 TITLE X--ADDITIONAL GENERAL PROVISIONS

                       spending reduction account

    Sec. 10001. The amount by which the applicable allocation of new 
budget authority made by the Committee on Appropriations of the House 
of Representatives under section 302(b) of the Congressional Budget Act 
of 1974 exceeds the amount of proposed new budget authority is $0.
     This Act may be cited as the ``Department of Defense 
Appropriations Act, 2012''.
                                                  Union Calendar No. 64

112th CONGRESS

  1st Session

                               H. R. 2219

                          [Report No. 112-110]

_______________________________________________________________________

                                 A BILL

Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2012, and for other purposes.

_______________________________________________________________________

                             June 16, 2011

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```