II 

Calendar No. 169 

112TH CONGRESS 

1ST SESSION H. R. 2219 

[Report No. 112–77] 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2011 

Received; read twice and referred to the Committee on Appropriations 

SEPTEMBER 15, 2011 

Reported by Mr. INOUYE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

Making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2012, and for other 

purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2012, for military func6 tions administered by the Department of Defense and for 

7 other purposes, namely: 
2 

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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the 

9 Army on active duty, (except members of reserve compo10 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

13 377, as amended (42 U.S.C. 402 note), and to the Depart14 ment of Defense Military Retirement Fund, 

15 $43,859,709,000. 

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence, 

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

21 between permanent duty stations, for members of the 

22 Navy on active duty (except members of the Reserve pro23 vided for elsewhere), midshipmen, and aviation cadets; for 

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

25 payments pursuant to section 156 of Public Law 97–377, 
3 

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

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

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the Ma9 rine Corps on active duty (except members of the Reserve 

10 provided for elsewhere); and for payments pursuant to sec11 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

12 402 note), and to the Department of Defense Military Re13 tirement Fund, $13,480,436,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

16 interest on deposits, gratuities, permanent change of sta17 tion travel (including all expenses thereof for organiza18 tional movements), and expenses of temporary duty travel 

19 between permanent duty stations, for members of the Air 

20 Force on active duty (except members of reserve compo21 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

24 377, as amended (42 U.S.C. 402 note), and to the Depart-
4 

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1 ment of Defense Military Retirement Fund, 

2 $28,264,646,000. 

3 RESERVE PERSONNEL, ARMY

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

5 travel, and related expenses for personnel of the Army Re6 serve on active duty under sections 10211, 10302, and 

7 3038 of title 10, United States Code, or while serving on 

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

9 States Code, in connection with performing duty specified 

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

11 while undergoing reserve training, or while performing 

12 drills or equivalent duty or other duty, and expenses au13 thorized by section 16131 of title 10, United States Code; 

14 and for payments to the Department of Defense Military 

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

16 RESERVE PERSONNEL, NAVY

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

18 travel, and related expenses for personnel of the Navy Re19 serve on active duty under section 10211 of title 10, 

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

21 section 12301(d) of title 10, United States Code, in con22 nection with performing duty specified in section 12310(a) 

23 of title 10, United States Code, or while undergoing re24 serve training, or while performing drills or equivalent 

25 duty, and expenses authorized by section 16131 of title 
5 

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1 10, United States Code; and for payments to the Depart2 ment of Defense Military Retirement Fund, 

3 $1,948,544,000. 

4 RESERVE PERSONNEL, MARINE CORPS

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

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

8 10, United States Code, or while serving on active duty 

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

10 in connection with performing duty specified in section 

11 12310(a) of title 10, United States Code, or while under12 going reserve training, or while performing drills or equiv13 alent duty, and for members of the Marine Corps platoon 

14 leaders class, and expenses authorized by section 16131 

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

16 Department of Defense Military Retirement Fund, 

17 $645,422,000. 

18 RESERVE PERSONNEL, AIR FORCE

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

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

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

22 8038 of title 10, United States Code, or while serving on 

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

24 States Code, in connection with performing duty specified 

25 in section 12310(a) of title 10, United States Code, or 
6 

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1 while undergoing reserve training, or while performing 

2 drills or equivalent duty or other duty, and expenses au3 thorized by section 16131 of title 10, United States Code; 

4 and for payments to the Department of Defense Military 

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

6 NATIONAL GUARD PERSONNEL, ARMY

7 For pay, allowances, clothing, subsistence, gratuities, 

8 travel, and related expenses for personnel of the Army Na9 tional Guard while on duty under section 10211, 10302, 

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

11 States Code, or while serving on duty under section 

12 12301(d) of title 10 or section 502(f) of title 32, United 

13 States Code, in connection with performing duty specified 

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

15 while undergoing training, or while performing drills or 

16 equivalent duty or other duty, and expenses authorized by 

17 section 16131 of title 10, United States Code; and for pay18 ments to the Department of Defense Military Retirement 

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

20 NATIONAL GUARD PERSONNEL, AIR FORCE

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

22 travel, and related expenses for personnel of the Air Na23 tional Guard on duty under section 10211, 10305, or 

24 12402 of title 10 or section 708 of title 32, United States 

25 Code, or while serving on duty under section 12301(d) of 
7 

•HR 2219 RS

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

2 in connection with performing duty specified in section 

3 12310(a) of title 10, United States Code, or while under4 going training, or while performing drills or equivalent 

5 duty or other duty, and expenses authorized by section 

6 16131 of title 10, United States Code; and for payments 

7 to the Department of Defense Military Retirement Fund, 

8 $3,099,629,000. 

9 TITLE II 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of the Army, as author14 ized by law; and not to exceed $12,478,000 can be used 

15 for emergencies and extraordinary expenses, to be ex16 pended on the approval or authority of the Secretary of 

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

18 of necessity for confidential military purposes, 

19 $34,581,321,000. 

20 OPERATION AND MAINTENANCE, NAVY

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance of the Navy and the 

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

24 $14,804,000 can be used for emergencies and extraor25 dinary expenses, to be expended on the approval or author-
8 

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1 ity of the Secretary of the Navy, and payments may be 

2 made on his certificate of necessity for confidential mili3 tary purposes, $39,385,685,000. 

4 OPERATION AND MAINTENANCE, MARINE CORPS

5 For expenses, not otherwise provided for, necessary 

6 for the operation and maintenance of the Marine Corps, 

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

8 OPERATION AND MAINTENANCE, AIR FORCE

9 For expenses, not otherwise provided for, necessary 

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

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

12 used for emergencies and extraordinary expenses, to be ex13 pended on the approval or authority of the Secretary of 

14 the Air Force, and payments may be made on his certifi15 cate of necessity for confidential military purposes, 

16 $36,065,107,000. 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance of activities and agen21 cies of the Department of Defense (other than the military 

22 departments), as authorized by law, $30,682,265,000 (re23 duced by $650,000) (reduced by $3,600,000): Provided, 

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

25 Combatant Commander Initiative Fund authorized under 
9 

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1 section 166a of title 10, United States Code: Provided fur2 ther, That not to exceed $36,000,000 can be used for 

3 emergencies and extraordinary expenses, to be expended 

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

5 and payments may be made on his certificate of necessity 

6 for confidential military purposes: Provided further, That 

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

8 $34,311,000 shall be made available for the Procurement 

9 Technical Assistance Cooperative Agreement Program, of 

10 which not less than $3,600,000 shall be available for cen11 ters defined in 10 U.S.C. 2411(1)(D): Provided further, 

12 That none of the funds appropriated or otherwise made 

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

14 the consolidation of a budget or appropriations liaison of15 fice of the Office of the Secretary of Defense, the office 

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

17 headquarters of one of the Armed Forces into a legislative 

18 affairs or legislative liaison office: Provided further, That 

19 $8,420,000, to remain available until expended, is avail20 able only for expenses relating to certain classified activi21 ties, and may be transferred as necessary by the Secretary 

22 of Defense to operation and maintenance appropriations 

23 or research, development, test and evaluation appropria24 tions, to be merged with and to be available for the same 

25 time period as the appropriations to which transferred: 
10 

•HR 2219 RS

1 Provided further, That any ceiling on the investment item 

2 unit cost of items that may be purchased with operation 

3 and maintenance funds shall not apply to the funds de4 scribed in the preceding proviso: Provided further, That 

5 the transfer authority provided under this heading is in 

6 addition to any other transfer authority provided else7 where in this Act. 

8 OPERATION AND MAINTENANCE, ARMY RESERVE

9 For expenses, not otherwise provided for, necessary 

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

13 vehicles; travel and transportation; care of the dead; re14 cruiting; procurement of services, supplies, and equip15 ment; and communications, $3,047,033,000. 

16 OPERATION AND MAINTENANCE, NAVY RESERVE

17 For expenses, not otherwise provided for, necessary 

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

21 vehicles; travel and transportation; care of the dead; re22 cruiting; procurement of services, supplies, and equip23 ment; and communications, $1,323,134,000. 
11 

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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For expenses, not otherwise provided for, necessary 

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

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

8 recruiting; procurement of services, supplies, and equip9 ment; and communications, $271,443,000. 

10 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

11 For expenses, not otherwise provided for, necessary 

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

14 repair of facilities and equipment; hire of passenger motor 

15 vehicles; travel and transportation; care of the dead; re16 cruiting; procurement of services, supplies, and equip17 ment; and communications, $3,310,459,000. 

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

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

22 hospital treatment and related expenses in non-Federal 

23 hospitals; maintenance, operation, and repairs to struc24 tures and facilities; hire of passenger motor vehicles; per25 sonnel services in the National Guard Bureau; travel ex-
12 

•HR 2219 RS

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

2 Army personnel on active duty, for Army National Guard 

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

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

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

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

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

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

13 hospital treatment and related expenses in non-Federal 

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

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

18 modification, maintenance, and issue of supplies and 

19 equipment, including those furnished from stocks under 

20 the control of agencies of the Department of Defense; 

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

22 authorized by law for Air National Guard personnel on 

23 active Federal duty, for Air National Guard commanders 

24 while inspecting units in compliance with National Guard 
13 

•HR 2219 RS

1 Bureau regulations when specifically authorized by the 

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

3 UNITED STATES COURT OF APPEALS FOR THE ARMED

4 FORCES

5 For salaries and expenses necessary for the United 

6 States Court of Appeals for the Armed Forces, 

7 $13,861,000, of which not to exceed $5,000 may be used 

8 for official representation purposes. 

9 ENVIRONMENTAL RESTORATION, ARMY

10 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

17 for similar purposes, transfer the funds made available by 

18 this appropriation to other appropriations made available 

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

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

21 time period as the appropriations to which transferred: 

22 Provided further, That upon a determination that all or 

23 part of the funds transferred from this appropriation are 

24 not necessary for the purposes provided herein, such 

25 amounts may be transferred back to this appropriation: 
14 

•HR 2219 RS

1 Provided further, That the transfer authority provided 

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

4 ENVIRONMENTAL RESTORATION, NAVY

5 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

12 for similar purposes, transfer the funds made available by 

13 this appropriation to other appropriations made available 

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

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

16 time period as the appropriations to which transferred: 

17 Provided further, That upon a determination that all or 

18 part of the funds transferred from this appropriation are 

19 not necessary for the purposes provided herein, such 

20 amounts may be transferred back to this appropriation: 

21 Provided further, That the transfer authority provided 

22 under this heading is in addition to any other transfer au23 thority provided elsewhere in this Act. 
15 

•HR 2219 RS

1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

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

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

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

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

10 available by this appropriation to other appropriations 

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

12 merged with and to be available for the same purposes 

13 and for the same time period as the appropriations to 

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

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

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

20 other transfer authority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of Defense, $10,716,000, to re24 main available until transferred: Provided, That the Sec25 retary of Defense shall, upon determining that such funds 
16 

•HR 2219 RS

1 are required for environmental restoration, reduction and 

2 recycling of hazardous waste, removal of unsafe buildings 

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

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

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

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

12 may be transferred back to this appropriation: Provided 

13 further, That the transfer authority provided under this 

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

16 ENVIRONMENTAL RESTORATION, FORMERLY USED

17 DEFENSE SITES

18 (INCLUDING TRANSFER OF FUNDS)

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

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

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

24 buildings and debris at sites formerly used by the Depart25 ment of Defense, transfer the funds made available by this 
17 

•HR 2219 RS

1 appropriation to other appropriations made available to 

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

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

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

6 of the funds transferred from this appropriation are not 

7 necessary for the purposes provided herein, such amounts 

8 may be transferred back to this appropriation: Provided 

9 further, That the transfer authority provided under this 

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

12 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

13 For expenses relating to the Overseas Humanitarian, 

14 Disaster, and Civic Aid programs of the Department of 

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

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

18 until September 30, 2013. 

19 COOPERATIVE THREAT REDUCTION ACCOUNT

20 For assistance to the republics of the former Soviet 

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

23 outside of the former Soviet Union, including assistance 

24 provided by contract or by grants, for facilitating the 

25 elimination and the safe and secure transportation and 
18 

•HR 2219 RS

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

3 weapons components, and weapon-related technology and 

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

6 and protection of weapons, weapons components and 

7 weapons technology and expertise, and for defense and 

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

9 September 30, 2014. 

10 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

11 DEVELOPMENT FUND

12 For the Department of Defense Acquisition Work13 force Development Fund, $105,501,000. 

14 TITLE III 

15 PROCUREMENT 

16 AIRCRAFT PROCUREMENT, ARMY

17 For construction, procurement, production, modifica18 tion, and modernization of aircraft, equipment, including 

19 ordnance, ground handling equipment, spare parts, and 

20 accessories therefor; specialized equipment and training 

21 devices; expansion of public and private plants, including 

22 the land necessary therefor, for the foregoing purposes, 

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

24 and construction prosecuted thereon prior to approval of 

25 title; and procurement and installation of equipment, ap-
19 

•HR 2219 RS

1 pliances, and machine tools in public and private plants; 

2 reserve plant and Government and contractor-owned 

3 equipment layaway; and other expenses necessary for the 

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

5 for obligation until September 30, 2014. 

6 MISSILE PROCUREMENT, ARMY

7 For construction, procurement, production, modifica8 tion, and modernization of missiles, equipment, including 

9 ordnance, ground handling equipment, spare parts, and 

10 accessories therefor; specialized equipment and training 

11 devices; expansion of public and private plants, including 

12 the land necessary therefor, for the foregoing purposes, 

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

14 and construction prosecuted thereon prior to approval of 

15 title; and procurement and installation of equipment, ap16 pliances, and machine tools in public and private plants; 

17 reserve plant and Government and contractor-owned 

18 equipment layaway; and other expenses necessary for the 

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

20 for obligation until September 30, 2014. 

21 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

22 VEHICLES, ARMY

23 For construction, procurement, production, and 

24 modification of weapons and tracked combat vehicles, 

25 equipment, including ordnance, spare parts, and acces-
20 

•HR 2219 RS

1 sories therefor; specialized equipment and training devices; 

2 expansion of public and private plants, including the land 

3 necessary therefor, for the foregoing purposes, and such 

4 lands and interests therein, may be acquired, and con5 struction prosecuted thereon prior to approval of title; and 

6 procurement and installation of equipment, appliances, 

7 and machine tools in public and private plants; reserve 

8 plant and Government and contractor-owned equipment 

9 layaway; and other expenses necessary for the foregoing 

10 purposes, $2,178,886,000, to remain available for obliga11 tion until September 30, 2014. 

12 PROCUREMENT OF AMMUNITION, ARMY

13 For construction, procurement, production, and 

14 modification of ammunition, and accessories therefor; spe15 cialized equipment and training devices; expansion of pub16 lic and private plants, including ammunition facilities, au17 thorized by section 2854 of title 10, United States Code, 

18 and the land necessary therefor, for the foregoing pur19 poses, and such lands and interests therein, may be ac20 quired, and construction prosecuted thereon prior to ap21 proval of title; and procurement and installation of equip22 ment, appliances, and machine tools in public and private 

23 plants; reserve plant and Government and contractor24 owned equipment layaway; and other expenses necessary 
21 

•HR 2219 RS

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

2 available for obligation until September 30, 2014. 

3 OTHER PROCUREMENT, ARMY

4 For construction, procurement, production, and 

5 modification of vehicles, including tactical, support, and 

6 non-tracked combat vehicles; the purchase of passenger 

7 motor vehicles for replacement only; communications and 

8 electronic equipment; other support equipment; spare 

9 parts, ordnance, and accessories therefor; specialized 

10 equipment and training devices; expansion of public and 

11 private plants, including the land necessary therefor, for 

12 the foregoing purposes, and such lands and interests 

13 therein, may be acquired, and construction prosecuted 

14 thereon prior to approval of title; and procurement and 

15 installation of equipment, appliances, and machine tools 

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

18 expenses necessary for the foregoing purposes, 

19 $9,371,952,000, to remain available for obligation until 

20 September 30, 2014. 

21 AIRCRAFT PROCUREMENT, NAVY

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

24 ordnance, spare parts, and accessories therefor; specialized 

25 equipment; expansion of public and private plants, includ-
22 

•HR 2219 RS

1 ing the land necessary therefor, and such lands and inter2 ests therein, may be acquired, and construction prosecuted 

3 thereon prior to approval of title; and procurement and 

4 installation of equipment, appliances, and machine tools 

5 in public and private plants; reserve plant and Govern6 ment and contractor-owned equipment layaway, 

7 $17,804,750,000, to remain available for obligation until 

8 September 30, 2014. 

9 WEAPONS PROCUREMENT, NAVY

10 For construction, procurement, production, modifica11 tion, and modernization of missiles, torpedoes, other weap12 ons, and related support equipment including spare parts, 

13 and accessories therefor; expansion of public and private 

14 plants, including the land necessary therefor, and such 

15 lands and interests therein, may be acquired, and con16 struction prosecuted thereon prior to approval of title; and 

17 procurement and installation of equipment, appliances, 

18 and machine tools in public and private plants; reserve 

19 plant and Government and contractor-owned equipment 

20 layaway, $2,975,749,000, to remain available for obliga21 tion until September 30, 2014. 

22 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

23 CORPS

24 For construction, procurement, production, and 

25 modification of ammunition, and accessories therefor; spe-
23 

•HR 2219 RS

1 cialized equipment and training devices; expansion of pub2 lic and private plants, including ammunition facilities, au3 thorized by section 2854 of title 10, United States Code, 

4 and the land necessary therefor, for the foregoing pur5 poses, and such lands and interests therein, may be ac6 quired, and construction prosecuted thereon prior to ap7 proval of title; and procurement and installation of equip8 ment, appliances, and machine tools in public and private 

9 plants; reserve plant and Government and contractor10 owned equipment layaway; and other expenses necessary 

11 for the foregoing purposes, $633,048,000, to remain avail12 able for obligation until September 30, 2014. 

13 SHIPBUILDING AND CONVERSION, NAVY

14 For expenses necessary for the construction, acquisi15 tion, or conversion of vessels as authorized by law, includ16 ing armor and armament thereof, plant equipment, appli17 ances, and machine tools and installation thereof in public 

18 and private plants; reserve plant and Government and con19 tractor-owned equipment layaway; procurement of critical, 

20 long lead time components and designs for vessels to be 

21 constructed or converted in the future; and expansion of 

22 public and private plants, including land necessary there23 for, and such lands and interests therein, may be acquired, 

24 and construction prosecuted thereon prior to approval of 

25 title, as follows: 
24 

•HR 2219 RS

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

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

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

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

5 DDG–1000, $453,727,000. 

6 DDG–51, $1,978,314,000. 

7 DDG–51 (AP), $100,723,000. 

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

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

10 LPD–17, $1,833,444,000. 

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

12 Oceanographic Ships, $89,000,000. 

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

14 Service Craft, $3,863,000. 

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

16 For outfitting, post delivery, conversions, and first 

17 destination transportation, $270,639,000. 

18 Completion of Prior Year Shipbuilding Programs, 

19 $73,992,000. 

20 In all: $14,725,493,000, to remain available for obli21 gation until September 30, 2016: Provided, That addi22 tional obligations may be incurred after September 30, 

23 2016, for engineering services, tests, evaluations, and 

24 other such budgeted work that must be performed in the 

25 final stage of ship construction: Provided further, That 
25 

•HR 2219 RS

1 none of the funds provided under this heading for the con2 struction or conversion of any naval vessel to be con3 structed in shipyards in the United States shall be ex4 pended in foreign facilities for the construction of major 

5 components of such vessel: Provided further, That none 

6 of the funds provided under this heading shall be used 

7 for the construction of any naval vessel in foreign ship8 yards. 

9 OTHER PROCUREMENT, NAVY

10 For procurement, production, and modernization of 

11 support equipment and materials not otherwise provided 

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

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

14 of passenger motor vehicles for replacement only; expan15 sion of public and private plants, including the land nec16 essary therefor, and such lands and interests therein, may 

17 be acquired, and construction prosecuted thereon prior to 

18 approval of title; and procurement and installation of 

19 equipment, appliances, and machine tools in public and 

20 private plants; reserve plant and Government and con21 tractor-owned equipment layaway, $5,996,459,000, to re22 main available for obligation until September 30, 2014. 

23 PROCUREMENT, MARINE CORPS

24 For expenses necessary for the procurement, manu25 facture, and modification of missiles, armament, military 
26 

•HR 2219 RS

1 equipment, spare parts, and accessories therefor; plant 

2 equipment, appliances, and machine tools, and installation 

3 thereof in public and private plants; reserve plant and 

4 Government and contractor-owned equipment layaway; ve5 hicles for the Marine Corps, including the purchase of pas6 senger motor vehicles for replacement only; and expansion 

7 of public and private plants, including land necessary 

8 therefor, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title, $1,453,602,000, to remain available for ob11 ligation until September 30, 2014. 

12 AIRCRAFT PROCUREMENT, AIR FORCE

13 For construction, procurement, and modification of 

14 aircraft and equipment, including armor and armament, 

15 specialized ground handling equipment, and training de16 vices, spare parts, and accessories therefor; specialized 

17 equipment; expansion of public and private plants, Gov18 ernment-owned equipment and installation thereof in such 

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

20 the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

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

24 other expenses necessary for the foregoing purposes in25 cluding rents and transportation of things, 
27 

•HR 2219 RS

1 $13,987,613,000, to remain available for obligation until 

2 September 30, 2014. 

3 MISSILE PROCUREMENT, AIR FORCE

4 For construction, procurement, and modification of 

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

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

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

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

12 construction prosecuted thereon prior to approval of title; 

13 reserve plant and Government and contractor-owned 

14 equipment layaway; and other expenses necessary for the 

15 foregoing purposes including rents and transportation of 

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

17 until September 30, 2014. 

18 PROCUREMENT OF AMMUNITION, AIR FORCE

19 For construction, procurement, production, and 

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

24 and the land necessary therefor, for the foregoing pur25 poses, and such lands and interests therein, may be ac-
28 

•HR 2219 RS

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

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

6 for the foregoing purposes, $522,565,000, to remain avail7 able for obligation until September 30, 2014. 

8 OTHER PROCUREMENT, AIR FORCE

9 For procurement and modification of equipment (in10 cluding ground guidance and electronic control equipment, 

11 and ground electronic and communication equipment), 

12 and supplies, materials, and spare parts therefor, not oth13 erwise provided for; the purchase of passenger motor vehi14 cles for replacement only; lease of passenger motor vehi15 cles; and expansion of public and private plants, Govern16 ment-owned equipment and installation thereof in such 

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

18 the foregoing purposes, and such lands and interests 

19 therein, may be acquired, and construction prosecuted 

20 thereon, prior to approval of title; reserve plant and Gov21 ernment and contractor-owned equipment layaway, 

22 $17,260,619,000, to remain available for obligation until 

23 September 30, 2014. 
29 

•HR 2219 RS

1 PROCUREMENT, DEFENSE-WIDE

2 For expenses of activities and agencies of the Depart3 ment of Defense (other than the military departments) 

4 necessary for procurement, production, and modification 

5 of equipment, supplies, materials, and spare parts there6 for, not otherwise provided for; the purchase of passenger 

7 motor vehicles for replacement only; expansion of public 

8 and private plants, equipment, and installation thereof in 

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

10 for the foregoing purposes, and such lands and interests 

11 therein, may be acquired, and construction prosecuted 

12 thereon prior to approval of title; reserve plant and Gov13 ernment and contractor-owned equipment layaway, 

14 $5,046,447,000, to remain available for obligation until 

15 September 30, 2014. 

16 DEFENSE PRODUCTION ACT PURCHASES

17 For activities by the Department of Defense pursuant 

18 to sections 108, 301, 302, and 303 of the Defense Produc19 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

20 2093), $29,964,000, to remain available until expended. 
30 

•HR 2219 RS

1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $9,381,166,000, to remain avail10 able for obligation until September 30, 2013. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $17,798,950,000, to remain avail17 able for obligation until September 30, 2013: Provided, 

18 That funds appropriated in this paragraph which are 

19 available for the V–22 may be used to meet unique oper20 ational requirements of the Special Operations Forces: 

21 Provided further, That funds appropriated in this para22 graph shall be available for the Cobra Judy program. 
31 

•HR 2219 RS

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

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

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 DEFENSE-WIDE

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

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

14 as may be designated and determined by the Secretary 

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

16 lease, and operation of facilities and equipment, 

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

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

20 OPERATIONAL TEST AND EVALUATION, DEFENSE

21 For expenses, not otherwise provided for, necessary 

22 for the independent activities of the Director, Operational 

23 Test and Evaluation, in the direction and supervision of 

24 operational test and evaluation, including initial oper25 ational test and evaluation which is conducted prior to, 
32 

•HR 2219 RS

1 and in support of, production decisions; joint operational 

2 testing and evaluation; and administrative expenses in 

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

4 for obligation until September 30, 2013. 

5 TITLE V 

6 REVOLVING AND MANAGEMENT FUNDS 

7 DEFENSE WORKING CAPITAL FUNDS

8 For the Defense Working Capital Funds, 

9 $1,575,010,000. 

10 NATIONAL DEFENSE SEALIFT FUND

11 For National Defense Sealift Fund programs, 

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

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

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

15 and for the necessary expenses to maintain and preserve 

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

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

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

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

20 contract that provides for the acquisition of any of the 

21 following major components unless such components are 

22 manufactured in the United States: auxiliary equipment, 

23 including pumps, for all shipboard services; propulsion 

24 system components (engines, reduction gears, and propel25 lers); shipboard cranes; and spreaders for shipboard 
33 

•HR 2219 RS

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

2 in a contract awarded through the obligation of previously 

3 appropriated funds shall not be considered to be the award 

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

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

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

9 and the Senate that adequate domestic supplies are not 

10 available to meet Department of Defense requirements on 

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

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

14 TITLE VI 

15 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

16 DEFENSE HEALTH PROGRAM

17 For expenses, not otherwise provided for, for medical 

18 and health care programs of the Department of Defense 

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

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

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

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

23 of which not to exceed 1 percent shall remain available 

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

25 $16,092,272,000 may be available for contracts entered 
34 

•HR 2219 RS

1 into under the TRICARE program; of which 

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

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

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

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

8 and evaluation: Provided, That, notwithstanding any other 

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

10 heading for research, development, test and evaluation, 

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

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

16 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

17 DEFENSE

18 For expenses, not otherwise provided for, necessary 

19 for the destruction of the United States stockpile of lethal 

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

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

25 which $1,147,691,000 shall be for operation and mainte-
35 

•HR 2219 RS

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

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

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

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

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

9 the Assembled Chemical Weapons Alternatives (ACWA) 

10 Program. 

11 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

12 DEFENSE

13 (INCLUDING TRANSFER OF FUNDS)

14 For drug interdiction and counter-drug activities of 

15 the Department of Defense, for transfer to appropriations 

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

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

22 shall be available for obligation for the same time period 

23 and for the same purpose as the appropriation to which 

24 transferred: Provided further, That upon a determination 

25 that all or part of the funds transferred from this appro-
36 

•HR 2219 RS

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

7 until the Secretary of Defense submits an implementation 

8 plan for the expansion of prescription drug testing to the 

9 congressional defense committees. 

10 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For the ‘‘Joint Improvised Explosive Device Defeat 

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

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

17 purpose of allowing the Director of the Joint Improvised 

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

20 facilities, personnel and funds to assist United States 

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

24 to the congressional defense committees a plan for the in25 tended management and use of the amounts provided 
37 

•HR 2219 RS

1 under this heading: Provided further, That the Secretary 

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

3 after the end of each fiscal quarter to the congressional 

4 defense committees providing assessments of the evolving 

5 threats, individual service requirements to counter the 

6 threats, the current strategy for predeployment training 

7 of members of the Armed Forces on improvised explosive 

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

9 further, That the Secretary of Defense may transfer funds 

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

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

14 amounts transferred shall be merged with and available 

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

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

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

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

22 writing of the details of any such transfer. 

23 OFFICE OF THE INSPECTOR GENERAL

24 For expenses and activities of the Office of the In25 spector General in carrying out the provisions of the In-
38 

•HR 2219 RS

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

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

4 emergencies and extraordinary expenses to be expended on 

5 the approval or authority of the Inspector General, and 

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

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

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

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

11 research, development, testing, and evaluation. 

12 TITLE VII 

13 RELATED AGENCIES 

14 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

15 DISABILITY SYSTEM FUND

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

18 proper funding level for continuing the operation of the 

19 Central Intelligence Agency Retirement and Disability 

20 System, $513,700,000. 

21 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

22 For necessary expenses of the Intelligence Commu23 nity Management Account, $458,225,000. 
39 

•HR 2219 RS

1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

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

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

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

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

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

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

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is 

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

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

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

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

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

24 not apply to foreign national employees of the Department 

25 of Defense in the Republic of Turkey. 
40 

•HR 2219 RS

1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

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

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

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

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

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

16 of working capital funds of the Department of Defense 

17 or funds made available in this Act to the Department 

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

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

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

22 the appropriation or fund to which transferred: Provided, 

23 That such authority to transfer may not be used unless 

24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated 
41 

•HR 2219 RS

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

3 That the Secretary of Defense shall notify the Congress 

4 promptly of all transfers made pursuant to this authority 

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

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

10 than those for which originally appropriated and in no 

11 case where the item for which reprogramming is requested 

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

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

15 30, 2012: Provided further, That transfers among military 

16 personnel appropriations shall not be taken into account 

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

18 may be transferred under this section. 

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

21 and adjustments to budget activities corresponding to 

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

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

24 in the explanatory statement regarding this Act, the obli25 gation and expenditure of amounts appropriated or other-
42 

•HR 2219 RS

1 wise made available in this Act for those programs, 

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

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

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

6 in the text of this Act. 

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

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

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

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

17 transfer authorities for fiscal year 2012: Provided, That 

18 the report shall include— 

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

22 due to enacted rescissions, if appropriate, and the 

23 fiscal year enacted level; 

24 (2) a delineation in the table for each appro25 priation both by budget activity and program, 
43 

•HR 2219 RS

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

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

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

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

7 reprogramming or transfer until the report identified in 

8 subsection (a) is submitted to the congressional defense 

9 committees, unless the Secretary of Defense certifies in 

10 writing to the congressional defense committees that such 

11 reprogramming or transfer is necessary as an emergency 

12 requirement. 

13 (TRANSFER OF FUNDS)

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

17 United States Code, may be maintained in only such 

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

21 That transfers may be made between working capital 

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

23 appropriation and the ‘‘Operation and Maintenance’’ ap24 propriation accounts in such amounts as may be deter25 mined by the Secretary of Defense, with the approval of 
44 

•HR 2219 RS

1 the Office of Management and Budget, except that such 

2 transfers may not be made unless the Secretary of Defense 

3 has notified the Congress of the proposed transfer. Except 

4 in amounts equal to the amounts appropriated to working 

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

6 against a working capital fund to procure or increase the 

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

9 such obligation. 

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

11 be used to initiate a special access program without prior 

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

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

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

16 employs economic order quantity procurement in excess of 

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

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

20 leading to a multiyear contract that employs economic 

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

22 any one year, unless the congressional defense committees 

23 have been notified at least 30 days in advance of the pro24 posed contract award: Provided, That no part of any ap25 propriation contained in this Act shall be available to ini-
45 

•HR 2219 RS

1 tiate a multiyear contract for which the economic order 

2 quantity advance procurement is not funded at least to 

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

4 That no part of any appropriation contained in this Act 

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

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

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

13 present value analysis to determine lowest cost compared 

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

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

16 contract executed after the date of the enactment of this 

17 Act unless in the case of any such contract— 

18 (1) the Secretary of Defense has submitted to 

19 Congress a budget request for full funding of units 

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

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

23 the contract for which procurement funds are re24 quested in that budget request for production be25 yond advanced procurement activities in the fiscal 
46 

•HR 2219 RS

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

3 (2) cancellation provisions in the contract do 

4 not include consideration of recurring manufacturing 

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

8 (3) the contract provides that payments to the 

9 contractor under the contract shall not be made in 

10 advance of incurred costs on funded units; and 

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

13 contract. 

14 Funds appropriated in title III of this Act may be 

15 used for a multiyear procurement contract as follows: 

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

18 Common Cockpits. 

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

21 hereby appropriated pursuant to section 401 of title 10, 

22 United States Code, for humanitarian and civic assistance 

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

24 Such funds may also be obligated for humanitarian and 

25 civic assistance costs incidental to authorized operations 
47 

•HR 2219 RS

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

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

6 providing humanitarian and similar assistance by using 

7 Civic Action Teams in the Trust Territories of the Pacific 

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

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

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

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

16 facilities, on a nonreimbursable basis, for civilian patients 

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

19 States of Micronesia, Palau, and Guam. 

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

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

24 be subject to any constraint or limitation (known as an 
48 

•HR 2219 RS

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

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

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

5 and other documentation supporting the fiscal year 2013 

6 Department of Defense budget request shall be prepared 

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

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

9 year 2013. 

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

11 to military (civilian) technicians. 

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

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

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

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

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

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

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

24 who have reenlisted with this option prior to October 1, 
49 

•HR 2219 RS

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

2 active components of the Army. 

3 (TRANSFER OF FUNDS)

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

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

8 a Mentor-Protege Program developmental assistance 

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

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

12 authority of this provision or any other transfer authority 

13 contained in this Act. 

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

15 available for the purchase by the Department of Defense 

16 (and its departments and agencies) of welded shipboard 

17 anchor and mooring chain 4 inches in diameter and under 

18 unless the anchor and mooring chain are manufactured 

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

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

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

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

25 section, substantially all of the components of anchor and 
50 

•HR 2219 RS

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

3 components produced or manufactured in the United 

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

7 not available to meet Department of Defense requirements 

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

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

11 on Appropriations that such an acquisition must be made 

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

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

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

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

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

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

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

24 SEC. 8018. No more than $500,000 of the funds ap25 propriated or made available in this Act shall be used dur-
51 

•HR 2219 RS

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

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

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

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

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

12 That a prime contractor or a subcontractor at any tier 

13 that makes a subcontract award to any subcontractor or 

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

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

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

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

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

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

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

24 to any fiscal year: Provided further, That notwithstanding 

25 section 1906 of title 41, United States Code, this section 
52 

•HR 2219 RS

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

3 subcontract at any tier for acquisition of commercial items 

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

5 subcontractor or supplier defined in section 1544 of title 

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

7 controlled by an individual or individuals defined under 

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

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

10 Defense Media Activity shall not be used for any national 

11 or international political or psychological activities. 

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

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

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

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

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

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

23 Civil Air Patrol Corporation, of which— 

24 (1) $27,838,000 shall be available from ‘‘Oper25 ation and Maintenance, Air Force’’ to support Civil 
53 

•HR 2219 RS

1 Air Patrol Corporation operation and maintenance, 

2 readiness, counter-drug activities, and drug demand 

3 reduction activities involving youth programs; 

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

5 Procurement, Air Force’’; and 

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

7 Procurement, Air Force’’ for vehicle procurement. 

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

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

11 local government agencies. 

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

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

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

19 other nonprofit entities. 

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

21 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

23 and no paid consultant to any defense FFRDC, except 

24 when acting in a technical advisory capacity, may be com25 pensated for his or her services as a member of such enti-
54 

•HR 2219 RS

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

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

3 referred to previously in this subsection shall be allowed 

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

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

8 of the funds available to the department from any source 

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

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

12 projects funded by Government grants, for absorption of 

13 contract overruns, or for certain charitable contributions, 

14 not to include employee participation in community service 

15 and/or development. 

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

17 the funds available to the department during fiscal year 

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

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

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

22 be funded for the defense studies and analysis FFRDCs: 

23 Provided further, That this subsection shall not apply to 

24 staff years funded in the National Intelligence Program 

25 (NIP) and the Military Intelligence Program (MIP). 
55 

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

3 submit a report presenting the specific amounts of staff 

4 years of technical effort to be allocated for each defense 

5 FFRDC during that fiscal year and the associated budget 

6 estimates. 

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

8 the total amount appropriated in this Act for FFRDCs 

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

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

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

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

14 Defense which were not melted and rolled in the United 

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

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

18 or American Iron and Steel Institute (AISI) specifications 

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

20 That the Secretary of the military department responsible 

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

23 on Appropriations of the House of Representatives and the 

24 Senate that adequate domestic supplies are not available 

25 to meet Department of Defense requirements on a timely 
56 

•HR 2219 RS

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

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

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

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

7 ‘‘congressional defense committees’’ means the Armed 

8 Services Committee of the House of Representatives, the 

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

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

12 Committee on Appropriations of the House of Representa13 tives. 

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

16 maintenance and repair of aircraft, vehicles and vessels 

17 as well as the production of components and other De18 fense-related articles, through competition between De19 partment of Defense depot maintenance activities and pri20 vate firms: Provided, That the Senior Acquisition Execu21 tive of the military department or Defense Agency con22 cerned, with power of delegation, shall certify that success23 ful bids include comparable estimates of all direct and in24 direct costs for both public and private bids: Provided fur25 ther, That Office of Management and Budget Circular A– 
57 

•HR 2219 RS

1 76 shall not apply to competitions conducted under this 

2 section. 

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

4 consultation with the United States Trade Representative, 

5 determines that a foreign country which is party to an 

6 agreement described in paragraph (2) has violated the 

7 terms of the agreement by discriminating against certain 

8 types of products produced in the United States that are 

9 covered by the agreement, the Secretary of Defense shall 

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

12 in that foreign country. 

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

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

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

18 in that country. 

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

21 purchases from foreign entities in fiscal year 2012. Such 

22 report shall separately indicate the dollar value of items 

23 for which the Buy American Act was waived pursuant to 

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

25 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
58 

•HR 2219 RS

1 international agreement to which the United States is a 

2 party. 

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

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

5 States Code. 

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

7 contained in the Department of Defense Overseas Military 

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

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

11 be available until expended for the payments specified by 

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

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

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

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

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

18 Washington relocatable military housing units located at 

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

20 Mountain Home Air Force Base, Ellsworth Air Force 

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

22 needs of the Air Force. 

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

24 no cost to the Air Force, military housing units under sub25 section (a) in accordance with the request for such units 
59 

•HR 2219 RS

1 that are submitted to the Secretary by the Operation 

2 Walking Shield Program on behalf of Indian tribes located 

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

5 such conveyance shall be subject to the condition that the 

6 housing units shall be removed within a reasonable period 

7 of time, as determined by the Secretary. 

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

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

12 (b). 

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

14 any recognized Indian tribe included on the current list 

15 published by the Secretary of the Interior under section 

16 104 of the Federally Recognized Indian Tribe Act of 1994 

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

18 1). 

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

21 for operation and maintenance may be used to purchase 

22 items having an investment item unit cost of not more 

23 than $250,000. 

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

25 of the appropriations or funds available to the Department 
60 

•HR 2219 RS

1 of Defense Working Capital Funds shall be used for the 

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

5 customers of the Department of Defense Working Capital 

6 Funds if such an item would not have been chargeable 

7 to the Department of Defense Business Operations Fund 

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

9 investment item would be chargeable during the current 

10 fiscal year to appropriations made to the Department of 

11 Defense for procurement. 

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

14 and other documentation supporting the fiscal year 2013 

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

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

19 budgeted for in a proposed fiscal year 2013 procurement 

20 appropriation and not in the supply management business 

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

22 Defense Working Capital Funds. 

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

24 Act for programs of the Central Intelligence Agency shall 

25 remain available for obligation beyond the current fiscal 
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•HR 2219 RS

1 year, except for funds appropriated for the Reserve for 

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

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

6 during this or any prior or subsequent fiscal year shall 

7 remain available until expended: Provided further, That 

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

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

14 SEC. 8033. Notwithstanding any other provision of 

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

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

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

24 be made available only for the mitigation of environmental 

25 impacts, including training and technical assistance to 
62 

•HR 2219 RS

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

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

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

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

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

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

11 83 of title 41, United States Code. 

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

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

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

16 in America, the Secretary shall determine, in accordance 

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

19 the Department of Defense. 

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

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

24 only American-made equipment and products, provided 

25 that American-made equipment and products are cost- 
63 

•HR 2219 RS

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

2 fashion. 

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

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

5 or consulting services entered into without competition on 

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

7 activity responsible for the procurement determines— 

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

9 only one source is found fully qualified to perform 

10 the proposed work; 

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

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

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

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

21 not apply to contracts in an amount of less than 

22 $25,000, contracts related to improvements of equip23 ment that is in development or production, or con24 tracts as to which a civilian official of the Depart25 ment of Defense, who has been confirmed by the 
64 

•HR 2219 RS

1 Senate, determines that the award of such contract 

2 is in the interest of the national defense. 

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

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

5 be used— 

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

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

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

11 of duty remains at the location of that headquarters. 

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

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

15 and certifies to the Committees on Appropriations of the 

16 House of Representatives and Senate that the granting 

17 of the waiver will reduce the personnel requirements or 

18 the financial requirements of the department. 

19 (c) This section does not apply to— 

20 (1) field operating agencies funded within the 

21 National Intelligence Program; 

22 (2) an Army field operating agency established 

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

25 Secretary of the Army, other similar threats; or 
65 

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1 (3) an Army field operating agency established 

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

4 technologies throughout the Department of Defense. 

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

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

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

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

12 statement regarding this Act. 

13 (RESCISSIONS)

14 SEC. 8039. Of the funds appropriated in Department 

15 of Defense Appropriations Acts, the following funds are 

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

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

19 $20,444,000. 

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

21 $8,500,000. 

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

23 $6,500,000. 

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

25 $90,000,000. 
66 

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

2 $55,000,000. 

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

4 $35,427,000. 

5 ‘‘Procurement of Ammunition, Navy and Marine 

6 Corps’’, 2011/2013, $8,612,000. 

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

8 $110,351,000. 

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

10 $30,000,000. 

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

12 $122,500,000. 

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

14 $90,000,000. 

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

16 $45,000,000. 

17 ‘‘Research, Development, Test and Evaluation, 

18 Navy’’, 2011/2012, $34,771,000. 

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

20 Force’’, 2011/2012, $105,000,000. 

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

23 Notwithstanding any other provision of law, none of the 

24 funds provided may be used for the construction of addi25 tional sealift capacity, as described under the heading 
67 

•HR 2219 RS

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

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

3 purposes described in section 115 of division H of Public 

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

5 of Public Law 109–13. 

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

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

9 Air National Guard, Army Reserve and Air Force Reserve 

10 for the purpose of applying any administratively imposed 

11 civilian personnel ceiling, freeze, or reduction on military 

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

13 result of a reduction in military force structure. 

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

17 of Korea unless specifically appropriated for that purpose. 

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

21 for reimbursement of pay, allowances and other expenses 

22 which would otherwise be incurred against appropriations 

23 for the National Guard and Reserve when members of the 

24 National Guard and Reserve provide intelligence or coun25 terintelligence support to Combatant Commands, Defense 
68 

•HR 2219 RS

1 Agencies and Joint Intelligence Activities, including the 

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

4 Provided, That nothing in this section authorizes deviation 

5 from established Reserve and National Guard personnel 

6 and training procedures. 

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

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

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

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

14 is declining in some catchment areas and civilian strength 

15 reductions may be consistent with responsible resource 

16 stewardship and capitation-based budgeting. 

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

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

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

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

24 and counter-drug activities may be transferred to any 
69 

•HR 2219 RS

1 other department or agency of the United States except 

2 as specifically provided in an appropriations law. 

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

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

5 bearings other than those produced by a domestic source 

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

7 the military department responsible for such procurement 

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

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

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

15 That this restriction shall not apply to the purchase of 

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

17 United States Code, except that the restriction shall apply 

18 to ball or roller bearings purchased as end items. 

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

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

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

24 capability for national security purposes that is not avail25 able from United States manufacturers. 
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1 SEC. 8047. None of the funds made available in this 

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

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

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

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

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

11 provisions of Acts providing supplemental appropriations 

12 for the Department of Defense. 

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

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

15 Defense for the current fiscal year may be obligated or 

16 expended to transfer to another nation or an international 

17 organization any defense articles or services (other than 

18 intelligence services) for use in the activities described in 

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

21 Representatives, and the Committee on Foreign Relations 

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

23 transfer. 

24 (b) This section applies to— 
71 

•HR 2219 RS

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

3 VI or chapter VII of the United Nations Charter 

4 under the authority of a United Nations Security 

5 Council resolution; and 

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

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

9 following: 

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

11 services to be transferred. 

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

13 supplies, or services to be transferred. 

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

16 (A) a statement of whether the inventory 

17 requirements of all elements of the Armed 

18 Forces (including the reserve components) for 

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

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

23 and, if so, how the President proposes to pro24 vide funds for such replacement. 
72 

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

3 expended to pay a contractor under a contract with the 

4 Department of Defense for costs of any amount paid by 

5 the contractor to an employee when— 

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

7 excess of the normal salary paid by the contractor 

8 to the employee; and 

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

11 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

17 be available for the same time period as the appropriations 

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

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

22 Code. 

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

24 of an appropriation account of the Department of Defense 

25 for which the period of availability for obligation has ex-
73 

•HR 2219 RS

1 pired or which has closed under the provisions of section 

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

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

5 to any current appropriation account for the same purpose 

6 as the expired or closed account if— 

7 (1) the obligation would have been properly 

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

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

11 (2) the obligation is not otherwise properly 

12 chargeable to any current appropriation account of 

13 the Department of Defense; and 

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

16 of the Department of Defense under the provisions 

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

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

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

25 be reversed and recorded against the expired ac-
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1 count: Provided further, That the total amount 

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

4 of the total appropriation for that account. 

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

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

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

10 Bureau shall establish the amount of reimbursement for 

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

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

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

15 associated with the use of equipment of the project under 

16 that subsection. Such funds shall be available for such 

17 purposes without fiscal year limitation. 

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

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

20 determination under section 2690 of title 10, United 

21 States Code, may implement cost-effective agreements for 

22 required heating facility modernization in the 

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

25 Kaiserslautern and at the Rhine Ordnance Barracks area, 
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•HR 2219 RS

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

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

5 and Ramstein Air Base, furnished heat may be obtained 

6 from private, regional or municipal services, if provisions 

7 are included for the consideration of United States coal 

8 as an energy source. 

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

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

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

14 prototyping, and test activities preceding and leading to 

15 acceptance for operational use: Provided further, That this 

16 restriction does not apply to programs funded within the 

17 National Intelligence Program: Provided further, That the 

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

20 on Appropriations of the House of Representatives and the 

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

22 so. 

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

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

25 22A advanced tactical fighter to any foreign government: 
76 

•HR 2219 RS

1 Provided, That the Department of Defense may conduct 

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

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

5 technologies and U.S. warfighting capabilities. 

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

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

8 each limitation on the procurement of defense items from 

9 foreign sources provided in law if the Secretary determines 

10 that the application of the limitation with respect to that 

11 country would invalidate cooperative programs entered 

12 into between the Department of Defense and the foreign 

13 country, or would invalidate reciprocal trade agreements 

14 for the procurement of defense items entered into under 

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

16 country does not discriminate against the same or similar 

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

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

20 (1) contracts and subcontracts entered into on 

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

22 (2) options for the procurement of items that 

23 are exercised after such date under contracts that 

24 are entered into before such date if the option prices 
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•HR 2219 RS

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

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

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

7 Schedule and products classified under headings 4010, 

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

9 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

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

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

14 country if the Secretary of Defense has received credible 

15 information from the Department of State that the unit 

16 has committed a gross violation of human rights, unless 

17 all necessary corrective steps have been taken. 

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

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

20 to conduct any training program referred to in subsection 

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

22 available to the Department of State relating to human 

23 rights violations by foreign security forces. 

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

25 the Secretary of State, may waive the prohibition in sub-
78 

•HR 2219 RS

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

2 by extraordinary circumstances. 

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

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

5 submit a report to the congressional defense committees 

6 describing the extraordinary circumstances, the purpose 

7 and duration of the training program, the United States 

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

10 violations that necessitates the waiver. 

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

14 for the purpose of performing repairs or maintenance to 

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

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

19 SEC. 8059. Notwithstanding any other provision of 

20 law, funds appropriated in this Act under the heading 

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

23 demonstration project or joint capability demonstration 

24 project may only be obligated 30 days after a report, in25 cluding a description of the project, the planned acquisi-
79 

•HR 2219 RS

1 tion and transition strategy, and its estimated annual and 

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

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

5 basis by certifying to the congressional defense committees 

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

7 SEC. 8060. The Secretary of Defense shall provide 

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

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

12 Act. 

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

14 the funds available to the Department of Defense may be 

15 used to provide support to another department or agency 

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

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

19 to such department or agency on a reimbursable basis: 

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

22 department or agency on a nonreimbursable basis, and is 

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

25 waive this restriction on a case-by-case basis by certifying 
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•HR 2219 RS

1 in writing to the Committees on Appropriations of the 

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

3 national security interest to do so. 

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

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

6 the National Guard serving on full-time National Guard 

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

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

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

11 may be used to transfer to any nongovernmental entity 

12 ammunition held by the Department of Defense that has 

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

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

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

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

19 to demonstrate to the satisfaction of the Department of 

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

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

24 of ammunition for export pursuant to a License for Per-
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•HR 2219 RS

1 manent Export of Unclassified Military Articles issued by 

2 the Department of State. 

3 SEC. 8064. Notwithstanding any other provision of 

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

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

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

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

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

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

13 a case-by-case basis. 

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

15 Act shall be used for the support of any nonappropriated 

16 funds activity of the Department of Defense that procures 

17 malt beverages and wine with nonappropriated funds for 

18 resale (including such alcoholic beverages sold by the 

19 drink) on a military installation located in the United 

20 States unless such malt beverages and wine are procured 

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

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

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

25 purchases may be made in any State in which the installa-
82 

•HR 2219 RS

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

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

5 State: Provided further, That alcoholic beverages other 

6 than wine and malt beverages, in contiguous States and 

7 the District of Columbia shall be procured from the most 

8 competitive source, price and other factors considered. 

9 (INCLUDING TRANSFER OF FUNDS)

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

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

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

14 the Secretary of Defense is authorized to transfer such 

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

17 to enter into and carry out contracts for the acquisition 

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

20 section: Provided further, That contracts entered into 

21 under the authority of this section may provide for such 

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

24 section shall comply with applicable Federal, State, and 
83 

•HR 2219 RS

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

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

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

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

8 by the Department of Defense in fiscal year 2012. 

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

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

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

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

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

17 and furnishing of additional Fisher Houses to meet the 

18 needs of military family members when confronted with 

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

21 (INCLUDING TRANSFER OF FUNDS)

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

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

24 ‘‘Research, Development, Test and Evaluation, Defense25 Wide’’, $235,700,000 shall be for the Israeli Cooperative 
84 

•HR 2219 RS

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

2 shall be for the Short Range Ballistic Missile Defense 

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

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

6 David Sling Weapon System missiles in the United States 

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

10 component to the Israeli Missile Defense architecture, and 

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

12 Program including development of a long range, ground 

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

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

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

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

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

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

24 and control relationships to give Fleet Forces Command 

25 administrative and operational control of United States 
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•HR 2219 RS

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

2 the command and control relationships which existed on 

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

4 specifically authorized in a subsequent Act. 

5 (INCLUDING TRANSFER OF FUNDS)

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

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

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

9 to fund prior year shipbuilding cost increases: Provided, 

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

11 Navy shall transfer funds to the following appropriations 

12 in the amounts specified: Provided further, That the 

13 amounts transferred shall be merged with and be available 

14 for the same purposes as the appropriations to which 

15 transferred: 

16 To: 

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

19 Transport Dock Program $18,627,000. 

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

22 Transport Dock Program $23,437,000. 

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

25 Transport Dock Program $31,928,000. 
86 

•HR 2219 RS

1 SEC. 8072. Notwithstanding any other provision of 

2 law or regulation, the Secretary of Defense may exercise 

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

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

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

6 Pharmacists, Audiologists, Psychologists, Social 

7 Workers, Othotists/Prosthetists, Occupational 

8 Therapists, Physical Therapists, Rehabilitation 

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

11 Psychology Technicians, Social Service Assistants, 

12 Practical Nurses, Nursing Assistants, and Dental 

13 Hygienists: 

14 (1) The requirements of section 

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

16 Code, shall apply. 

17 (2) The limitations of section 

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

19 Code, shall not apply. 

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

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

23 by the Congress for purposes of section 504 of the Na24 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 
87 

•HR 2219 RS

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

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

4 shall be available for obligation or expenditure through a 

5 reprogramming of funds that creates or initiates a new 

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

7 or activity must be undertaken immediately in the interest 

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

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

11 year 2013 submitted to the Congress pursuant to section 

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

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

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

20 Reserve components, and for each appropriations account: 

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

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

25 not limited to, troop strength for each Active and Reserve 
88 

•HR 2219 RS

1 component, and estimates of the major weapons systems 

2 deployed in support of each contingency: Provided further, 

3 That these documents shall include budget exhibits OP– 

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

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

7 years. 

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

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

11 missile defense system. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8077. In addition to the amounts appropriated 

14 or otherwise made available elsewhere in this Act, 

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

16 Defense: Provided, That upon the determination of the 

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

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

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

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

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

25 the WC–130 Weather Reconnaissance mission below the 
89 

•HR 2219 RS

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

2 shall allow the 53rd Weather Reconnaissance Squadron to 

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

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

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

10 pertaining to United States persons shall only be handled 

11 in accordance with protections provided in the Fourth 

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

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

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

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

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

22 national security emergency or to meet dire operational 

23 requirements of the Armed Forces. 
90 

•HR 2219 RS

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8081. The Secretary of Defense may transfer 

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

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

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

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

10 section: Provided further, That the Secretary may not 

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

15 Provided further, That any funds transferred pursuant to 

16 this section shall retain the same period of availability as 

17 when originally appropriated: Provided further, That the 

18 transfer authority provided by this section is in addition 

19 to any other transfer authority contained elsewhere in this 

20 Act. 

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

22 United States Code, any subdivision of appropriations 

23 made under the heading ‘‘Shipbuilding and Conversion, 

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

25 made shall be available to reimburse the Judgment Fund 
91 

•HR 2219 RS

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

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

4 prior fiscal year. 

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

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

8 current tactical unmanned aerial vehicles (TUAVs) from 

9 the Army. 

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

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

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

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

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

19 Pacific Command to execute Theater Security Cooperation 

20 activities such as humanitarian assistance, and payment 

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

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

25 assistance, security assistance or combined exercise ex-
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•HR 2219 RS

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

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

4 under any other provision of law. 

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

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

7 Intelligence shall remain available for obligation beyond 

8 the current fiscal year, except for funds appropriated for 

9 research and technology, which shall remain available until 

10 September 30, 2013. 

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

12 31, United States Code, any subdivision of appropriations 

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

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

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

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

18 to the total amount of the appropriation. 

19 SEC. 8087. Notwithstanding any other provision of 

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

21 Act for environmental remediation may be obligated under 

22 indefinite delivery/indefinite quantity contracts with a 

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

24 SEC. 8088. The Director of National Intelligence 

25 shall include the budget exhibits identified in paragraphs 
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1 (1) and (2) as described in the Department of Defense 

2 Financial Management Regulation with the congressional 

3 budget justification books: 

4 (1) For procurement programs requesting more 

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

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

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

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

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

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

14 Schedule Profile. 

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

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

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

22 preparation and justification of program recommendations 

23 and budget proposals to be included in such major force 

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

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

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

7 report shall include— 

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

11 due to enacted rescissions, if appropriate, and the 

12 fiscal year enacted level; 

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

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

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

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

23 the Director of National Intelligence certifies in writing 

24 15 days in advance to the congressional intelligence com-
95 

•HR 2219 RS

1 mittees that such reprogramming or transfer is necessary 

2 as an emergency requirement. 

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

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

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

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

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

12 (3) increases funds or personnel by any means 

13 for any program, project, or subproject; 

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

16 (5) relocates an office or employees; or 

17 (6) reorganizes or renames an office, 

18 unless the Committees on Appropriations of the House of 

19 Representatives and the Senate are notified 15 days in 

20 advance of such reprogramming of funds. 

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

23 shall be available for obligation or expenditure through a 

24 reprogramming or transfer of funds in accordance with 

25 section 102A(d) of the National Security Act of 1947 (50 
96 

•HR 2219 RS

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

2 whichever is less, that— 

3 (1) augments existing programs, projects, or 

4 subprojects; 

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

7 personnel by 10 percent as approved by Congress; or 

8 (3) results from any general savings, including 

9 savings from a reduction in personnel costs, which 

10 would result in a change in existing programs, 

11 projects, or subprojects as approved by Congress, 

12 unless the Appropriations Committees of both Houses of 

13 Congress are notified 15 days in advance of such re14 programming of funds. 

15 SEC. 8092. The Director of National Intelligence 

16 shall submit to Congress each year, at or about the time 

17 that the President’s budget is submitted to Congress that 

18 year under section 1105(a) of title 31, United States 

19 Code, a future-years intelligence program (including asso20 ciated annexes) reflecting the estimated expenditures and 

21 proposed appropriations included in that budget. Any such 

22 future-years intelligence program shall cover the fiscal 

23 year with respect to which the budget is submitted and 

24 at least the four succeeding fiscal years. 
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•HR 2219 RS

1 SEC. 8093. For the purposes of this Act, the term 

2 ‘‘congressional intelligence committees’’ means the Perma3 nent Select Committee on Intelligence of the House of 

4 Representatives, the Select Committee on Intelligence of 

5 the Senate, the Subcommittee on Defense of the Com6 mittee on Appropriations of the House of Representatives, 

7 and the Subcommittee on Defense of the Committee on 

8 Appropriations of the Senate. 

9 SEC. 8094. The Department of Defense shall con10 tinue to report incremental contingency operations costs 

11 for Operation New Dawn and Operation Enduring Free12 dom on a monthly basis in the Cost of War Execution 

13 Report as prescribed in the Department of Defense Finan14 cial Management Regulation Department of Defense In15 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

16 Operations’’, Annex 1, dated September 2005. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8095. During the current fiscal year, not to ex19 ceed $11,000,000 from each of the appropriations made 

20 in title II of this Act for ‘‘Operation and Maintenance, 

21 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper22 ation and Maintenance, Air Force’’ may be transferred by 

23 the military department concerned to its central fund es24 tablished for Fisher Houses and Suites pursuant to sec25 tion 2493(d) of title 10, United States Code. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8096. Of the funds appropriated in the Intel3 ligence Community Management Account for the Program 

4 Manager for the Information Sharing Environment, 

5 $22,000,000 is available for transfer by the Director of 

6 National Intelligence to other departments and agencies 

7 for purposes of Government-wide information sharing ac8 tivities: Provided, That funds transferred under this provi9 sion are to be merged with and available for the same pur10 poses and time period as the appropriation to which trans11 ferred: Provided further, That the Office of Management 

12 and Budget must approve any transfers made under this 

13 section: Provided further, That the Director of National 

14 Intelligence shall notify the Committees on Appropriations 

15 of the House of Representatives and the Senate of such 

16 transfers pursuant to section pursuant to the reprogram17 ming procedures established in sections 8090 and 8091. 

18 SEC. 8097. Funds appropriated by this Act for oper19 ation and maintenance may be available for the purpose 

20 of making remittances to the Defense Acquisition Work21 force Development Fund in accordance with the require22 ments of section 1705 of title 10, United States Code. 

23 SEC. 8098. (a) Any agency receiving funds made 

24 available in this Act, shall, subject to subsections (b) and 

25 (c), post on the public website of that agency any report 
99 

•HR 2219 RS

1 required to be submitted by the Congress in this or any 

2 other Act, upon the determination by the head of the agen3 cy that it shall serve the national interest. 

4 (b) Subsection (a) shall not apply to a report if— 

5 (1) the public posting of the report com6 promises national security; or 

7 (2) the report contains proprietary information. 

8 (c) The head of the agency posting such report shall 

9 do so only after such report has been made available to 

10 the requesting Committee or Committees of Congress for 

11 no less than 45 days. 

12 SEC. 8099. (a) None of the funds appropriated or 

13 otherwise made available by this Act may be expended for 

14 any Federal contract for an amount in excess of 

15 $1,000,000, unless the contractor agrees not to— 

16 (1) enter into any agreement with any of its 

17 employees or independent contractors that requires, 

18 as a condition of employment, that the employee or 

19 independent contractor agree to resolve through ar20 bitration any claim under title VII of the Civil 

21 Rights Act of 1964 or any tort related to or arising 

22 out of sexual assault or harassment, including as23 sault and battery, intentional infliction of emotional 

24 distress, false imprisonment, or negligent hiring, su25 pervision, or retention; or 
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1 (2) take any action to enforce any provision of 

2 an existing agreement with an employee or inde3 pendent contractor that mandates that the employee 

4 or independent contractor resolve through arbitra5 tion any claim under title VII of the Civil Rights Act 

6 of 1964 or any tort related to or arising out of sex7 ual assault or harassment, including assault and 

8 battery, intentional infliction of emotional distress, 

9 false imprisonment, or negligent hiring, supervision, 

10 or retention. 

11 (b) None of the funds appropriated or otherwise 

12 made available by this Act may be expended for any Fed13 eral contract unless the contractor certifies that it requires 

14 each covered subcontractor to agree not to enter into, and 

15 not to take any action to enforce any provision of, any 

16 agreement as described in paragraphs (1) and (2) of sub17 section (a), with respect to any employee or independent 

18 contractor performing work related to such subcontract. 

19 For purposes of this subsection, a ‘‘covered subcon20 tractor’’ is an entity that has a subcontract in excess of 

21 $1,000,000 on a contract subject to subsection (a). 

22 (c) The prohibitions in this section do not apply with 

23 respect to a contractor’s or subcontractor’s agreements 

24 with employees or independent contractors that may not 

25 be enforced in a court of the United States. 
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1 (d) The Secretary of Defense may waive the applica2 tion of subsection (a) or (b) to a particular contractor or 

3 subcontractor for the purposes of a particular contract or 

4 subcontract if the Secretary or the Deputy Secretary per5 sonally determines that the waiver is necessary to avoid 

6 harm to national security interests of the United States, 

7 and that the term of the contract or subcontract is not 

8 longer than necessary to avoid such harm. The determina9 tion shall set forth with specificity the grounds for the 

10 waiver and for the contract or subcontract term selected, 

11 and shall state any alternatives considered in lieu of a 

12 waiver and the reasons each such alternative would not 

13 avoid harm to national security interests of the United 

14 States. The Secretary of Defense shall transmit to Con15 gress, and simultaneously make public, any determination 

16 under this subsection not less than 15 business days be17 fore the contract or subcontract addressed in the deter18 mination may be awarded. 

19 SEC. 8100. (a)(1) No National Intelligence Program 

20 funds appropriated in this Act may be used for a mission 

21 critical or mission essential business management infor22 mation technology system that is not registered with the 

23 Director of National Intelligence. A system shall be con24 sidered to be registered with that officer upon the fur25 nishing notice of the system, together with such informa-
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1 tion concerning the system as the Director of the Business 

2 Transformation Office may prescribe. 

3 (2) During the fiscal year 2012 no funds may be obli4 gated or expended for a financial management automated 

5 information system, a mixed information system sup6 porting financial and non-financial systems, or a business 

7 system improvement of more than $3,000,000, within the 

8 intelligence community without the approval of the Busi9 ness Transformation Investment Review Board. 

10 (b) This section shall not apply to any programmatic 

11 or analytic systems or programmatic or analytic system 

12 improvements. 

13 SEC. 8101. None of the funds made available under 

14 this Act may be distributed to the Association of Commu15 nity Organizations for Reform Now (ACORN) or its sub16 sidiaries. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8102. Within the funds appropriated for oper19 ation and maintenance for the Defense Health Program 

20 in this Act, up to $132,200,000, shall be available for 

21 transfer to the Joint Department of Defense—Depart22 ment of Veterans Affairs Medical Facility Demonstration 

23 Fund in accordance with the provisions of section 1704 

24 of the National Defense Authorization Act for Fiscal Year 

25 2010, Public Law 111–84: Provided, That for purposes 
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1 of section 1704(b), the facility operations funded are oper2 ations of the integrated Captain James A. Lovell Federal 

3 Health Care Center, consisting of the North Chicago Vet4 erans Affairs Medical Center, the Navy Ambulatory Care 

5 Center, and supporting facilities designated as a combined 

6 Federal medical facility as described by section 706 of 

7 Public Law 110–417: Provided further, That additional 

8 funds may be transferred from funds appropriated for op9 eration and maintenance for the Defense Health Program 

10 to the Joint Department of Defense-Department of Vet11 erans Affairs Medical Facility Demonstration Fund upon 

12 written notification by the Secretary of Defense to the 

13 Committees on Appropriations of the House of Represent14 atives and the Senate. 

15 SEC. 8103. The Secretaries of the Army, Navy, Air 

16 Force, and the Directors of the Defense Agencies and 

17 Field Activities (in coordination with the appropriate Prin18 cipal Staff Assistant), in coordination with the Under Sec19 retary of Defense for Personnel and Readiness, shall re20 port to the congressional defense committees within 60 

21 days of enactment of this Act their plan for documenting 

22 the number of full-time contractor employees (or its equiv23 alent), as required by United States Code title 10, section 

24 2330a. 
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1 SEC. 8104. Section 310(b) of the Supplemental Ap2 propriations Act, 2009 (Public Law 111–32; 124 Stat. 

3 1871), as amended by Public Law 112–10, is amended 

4 by striking ‘‘2 years’’ both places it appears and inserting 

5 ‘‘3 years’’. 

6 SEC. 8105. The Office of the Director of National 

7 Intelligence shall not employ more Senior Executive and 

8 General Schedule 15 equivalent employees than are speci9 fied in the classified annex: Provided, That, notwith10 standing any other provision of law, the Office of the Di11 rector of National Intelligence shall select individuals for 

12 Senior Executive positions in a manner consistent with all 

13 requirements established in statute and all Office of Per14 sonnel Management regulations, guidance and procedures 

15 governing the appointment of individuals to the Senior Ex16 ecutive Service for other Federal agencies: Provided fur17 ther, That the Director of National Intelligence shall cer18 tify within 90 days of enactment of this Act to the Com19 mittees on Appropriations of the House of Representatives 

20 and the Senate that the Office of the Director of National 

21 Intelligence, in consultation with the Director of the Office 

22 of Personnel Management, has revised it selection process 

23 for Senior Executive positions to conform with Office of 

24 Personnel Management regulations, requirements, and 

25 procedures: Provided further, That during fiscal year 
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1 2012, the Office of the Director of National Intelligence 

2 shall not appoint any individual to a Senior Executive po3 sition if that person was not serving in a Senior Executive 

4 position in fiscal year 2011 until the Director of National 

5 Intelligence has submitted its new policies and procedures 

6 to the Committees on Appropriations of the House of Rep7 resentatives and the Senate. 

8 SEC. 8106. None of the funds appropriated or other9 wise made available by this Act may be obligated or ex10 pended to pay a retired general or flag officer to serve 

11 as a senior mentor advising the Department of Defense 

12 unless such retired officer files a Standard Form 278 (or 

13 successor form concerning public financial disclosure 

14 under part 2634 of title 5, Code of Federal Regulations) 

15 to the Office of Government Ethics. 

16 SEC. 8107. Appropriations available to the Depart17 ment of Defense may be used for the purchase of heavy 

18 and light armored vehicles for the physical security of per19 sonnel or for force protection purposes up to a limit of 

20 $250,000 per vehicle, notwithstanding price or other limi21 tations applicable to the purchase of passenger carrying 

22 vehicles. 

23 SEC. 8108. Of the amounts appropriated for Military 

24 Personnel under title I of the Act, not to exceed 1 percent 
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•HR 2219 RS

1 of each appropriation shall remain available until Sep2 tember 30, 2013. 

3 SEC. 8109. Of the amounts appropriated for ‘‘Oper4 ation and Maintenance, Defense-Wide’’, $33,000,000 shall 

5 be available to the Secretary of Defense, notwithstanding 

6 any other provision of law, acting through the Office of 

7 Economic Adjustment of the Department of Defense, to 

8 make grants, conclude cooperative agreements, and sup9 plement other Federal funds, to remain available until ex10 pended, to assist the civilian population of Guam in re11 sponse to the military buildup of Guam, to include ad12 dressing the need for vehicles and supplies for civilian stu13 dent transportation, preservation and repository of arti14 facts unearthed during military construction, and con15 struction of a mental health and substance abuse facility. 

16 SEC. 8110. None of the funds made available by this 

17 Act may be used by the Secretary of Defense to operate 

18 more than 1,000 parking spaces provided by the combina19 tion spaces provided by the BRAC 133 project and the 

20 lease of spaces in the immediate vicinity of the BRAC 133 

21 project. 

22 SEC. 8111. (a) None of the funds provided in this 

23 title for Operation and Maintenance may be available for 

24 obligation or expenditure to relocate Air Force program 

25 offices, or acquisition management functions of major 
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•HR 2219 RS

1 weapons systems, to a central location, or to any location 

2 other than the Air Force Material Command site where 

3 they are currently located until 30 days after the Sec4 retary of the Air Force submits the initial report under 

5 subsection (b). 

6 (b) The Secretary of the Air Force shall submit to 

7 the congressional defense committees a report which in8 cludes the following: a listing of all Air Force Material 

9 Command functions to be transferred and an identifica10 tion of the locations where these functions will be trans11 ferred from and to; a listing of all Air Force Material 

12 Command personnel positions to be transferred and an 

13 identification of the locations these positions will be trans14 ferred from and to; and the cost benefit analysis and the 

15 life-cycle cost analysis underpinning the Secretary of the 

16 Air Forces decisions to relocate Air Force Material Com17 mand functions and personnel. 

18 SEC. 8112. Not later than 120 days after the date 

19 of the enactment of this Act, the Secretary of Defense 

20 shall resume monthly reporting of the numbers of civilian 

21 personnel end strength by appropriation account for each 

22 and every appropriation account used to finance Federal 

23 civilian personnel salaries to the congressional defense 

24 committees. 
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1 SEC. 8113. In addition to amounts provided else2 where in this Act, $10,000,000 is hereby appropriated, for 

3 an additional amount for ‘‘Research, Development, Test 

4 and Evaluation, Army’’, to remain available until Sep5 tember 30, 2013. Such funds may be available for the Sec6 retary of the Army to conduct research on alternative en7 ergy resources for deployed forces. 

8 SEC. 8114. (a) None of the funds appropriated in this 

9 Act for the National Intelligence Program or the Military 

10 Intelligence Program are available to establish a new fed11 erally funded research and development center (FFRDC), 

12 either as a new entity, or as a separate entity adminis13 trated by an organization managing another FFRDC, or 

14 as a nonprofit membership corporation consisting of a con15 sortium of other FFRDCs and other nonprofit entities. 

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

17 Overseers, Advisory Group, Special Issues Panel, Visiting 

18 Committee, or any similar entity of a defense or intel19 ligence FFRDC, and no paid consultant to any defense 

20 or intelligence FFRDC, except when acting in a technical 

21 advisory capacity, may be compensated for his or her serv22 ices as a member of such entity, or as a paid consultant 

23 by more than one FFRDC in a fiscal year: Provided, That 

24 a member of any such entity referred to previously in this 

25 subsection shall be allowed travel expenses and per diem 
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•HR 2219 RS

1 as authorized under the Federal Joint Travel Regulations, 

2 when engaged in the performance of membership duties. 

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

4 of the funds available to a National Intelligence Program 

5 or Military Intelligence Program from any source during 

6 fiscal year 2012 may be used by a defense or intelligence 

7 FFRDC, through a fee or other payment mechanism, for 

8 construction of new buildings, for payment of cost sharing 

9 for projects funded by Government grants, for absorption 

10 of contract overruns, or for certain charitable contribu11 tions, not to include employee participation in community 

12 service and/or development. 

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

14 the funds available to the National Intelligence Program 

15 or Military Intelligence Program during fiscal year 2012, 

16 the total level of funding and staff years of technical effort 

17 (staff years) for FFRDCs shall not exceed the allocation 

18 included in the classified annex accompanying this Act. 

19 (e) The Secretary of Defense and the Director of Na20 tional Intelligence shall, with the submission of the fiscal 

21 year 2013 budget request, submit a report presenting the 

22 specific amounts of staff years of technical effort to be 

23 allocated for each FFRDC during that fiscal year and the 

24 associated budget estimates for the National Intelligence 

25 Programs and Military Intelligence Programs: Provided, 
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•HR 2219 RS

1 That such information shall be provided in a classified 

2 manner. 

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

4 the total amount appropriated in this Act for National In5 telligence Program and Military Intelligence Program 

6 FFRDCs is hereby reduced by the amount specified in the 

7 classified annex. 

8 SEC. 8115. The Secretary of Defense shall study and 

9 report to the Congressional Defense Committees the feasi10 bility of using commercially available telecommunications 

11 expense management solutions across the Department of 

12 Defense by March 1, 2012. 

13 SEC. 8116. None of the funds appropriated in this 

14 or any other Act may be used to plan, prepare for, or oth15 erwise take any action to undertake or implement the sep16 aration of the National Intelligence Program budget from 

17 the Department of Defense budget. 

18 SEC. 8117. None of the funds appropriated in title 

19 II in this Act for ‘‘Operation and Maintenance’’ may be 

20 used for Information Operations/Military Information 

21 Support Operations activities. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8118. Upon a determination by the Director of 

24 National Intelligence that such action is necessary and in 

25 the national interest, the Director may, with the approval 
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1 of the Office of Management and Budget, transfer not to 

2 exceed $1,000,000,000 of the funds made available in this 

3 Act to the intelligence community and the associated 

4 Agencies for intelligence functions (except military con5 struction) between such appropriations or funds or any 

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

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

8 the appropriation or fund to which transferred: Provided, 

9 That such authority to transfer may not be used unless 

10 for higher priority items, based on unforeseen intelligence 

11 requirements, than those for which originally appropriated 

12 and in no case where the item for which funds are re13 quested has been denied by the Congress: Provided further, 

14 That such transfers shall be made only in accordance with 

15 sections 8091 and 8092 of the Act: Provided further, That 

16 no part of the funds in this Act shall be available to pre17 pare or present a request to the Committees on Appropria18 tions of the House of Representatives and Senate for re19 programming of funds, unless for higher priority items, 

20 based on unforeseen military requirements, than those for 

21 which originally appropriated and in no case where the 

22 item for which reprogramming is requested has been de23 nied by the Congress: Provided further, That a request for 

24 multiple reprogrammings of funds using authority pro25 vided in this section shall be made prior to June 30, 2012. 
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1 SEC. 8119. Notwithstanding any other provision of 

2 this Act, to reflect savings from revised economic assump3 tions, the total amount appropriated in title II of this Act 

4 is hereby reduced by $501,800,000, the total amount ap5 propriated in title III of this Act is hereby reduced by 

6 $484,800,000, and the total amount appropriated in title 

7 IV of this Act is hereby reduced by $323,500,000: Pro8 vided, That the Secretary of Defense shall allocate this 

9 reduction proportionally to each budget activity, activity 

10 group, subactivity group, and each program, project, and 

11 activity, within each appropriation account. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8120. In addition to amounts provided else14 where in this Act, there is appropriated $250,000,000, for 

15 an additional amount for ‘‘Operation and Maintenance, 

16 Defense-Wide’’, to be available until expended: Provided, 

17 That such funds shall only be available to the Secretary 

18 of Defense, acting through the Office of Economic Adjust19 ment of the Department of Defense, or for transfer to the 

20 Secretary of Education, notwithstanding any other provi21 sion of law, to make grants, conclude cooperative agree22 ments, or supplement other Federal funds to construct, 

23 renovate, repair, or expand elementary and secondary pub24 lic schools on military installations in order to address ca25 pacity or facility condition deficiencies at such schools: 
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•HR 2219 RS

1 Provided further, That in making such funds available, the 

2 Office of Economic Adjustment or the Secretary of Edu3 cation shall give priority consideration to those military 

4 installations with schools having the most serious capacity 

5 or facility condition deficiencies as determined by the Sec6 retary of Defense. 

7 SEC. 8121. None of the funds appropriated or other8 wise made available in this or any other Act may be used 

9 to transfer, release, or assist in the transfer or release to 

10 or within the United States, its territories, or possessions 

11 Khalid Sheikh Mohammed or any other detainee who— 

12 (1) is not a United States citizen or a member 

13 of the Armed Forces; and 

14 (2) is or was held on or after June 24, 2009, 

15 at the United States Naval Station, Guantanamo 

16 Bay, Cuba, by the Department of Defense. 

17 SEC. 8122. (a)(1) Except as provided in paragraph 

18 (2), none of the funds appropriated or otherwise made 

19 available in this or any other Act may be used to transfer 

20 any individual detained at Guantanamo to the custody or 

21 effective control of the individual’s country of origin, any 

22 other foreign country, or any other foreign entity unless 

23 the Secretary of Defense submits to Congress the certifi24 cation described in subsection (b) by not later than 30 

25 days before the transfer of the individual. 
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1 (2) Paragraph (1) shall not apply to any action taken 

2 by the Secretary of Defense to transfer any individual de3 tained at Guantanamo to effectuate an order affecting the 

4 disposition of the individual that is issued by a court or 

5 competent tribunal of the United States having lawful ju6 risdiction. The Secretary of Defense shall notify Congress 

7 promptly upon issuance of any such order. 

8 (b) The certification described in this subsection is 

9 a written certification made by the Secretary of Defense, 

10 with the concurrence of the Secretary of State, that the 

11 government of the foreign country or the recognized lead12 ership of the foreign entity to which the individual de13 tained at Guantanamo is to be transferred— 

14 (1) is not a designated state sponsor of ter15 rorism or a designated foreign terrorist organization; 

16 (2) maintains effective control over each deten17 tion facility in which an individual is to be detained 

18 if the individual is to be housed in a detention facil19 ity; 

20 (3) is not, as of the date of the certification, 

21 facing a threat that is likely to substantially affect 

22 its ability to exercise control over the individual; 

23 (4) has agreed to take effective steps to ensure 

24 that the individual cannot take action to threaten 
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•HR 2219 RS

1 the United States, its citizens, or its allies in the fu2 ture; 

3 (5) has taken such steps as the Secretary deter4 mines are necessary to ensure that the individual 

5 cannot engage or reengage in any terrorist activity; 

6 (6) has agreed to share any information with 

7 the United States that— 

8 (A) is related to the individual or any asso9 ciates of the individual; and 

10 (B) could affect the security of the United 

11 States, its citizens, or its allies; and 

12 (7) has agreed to allow appropriate agencies of 

13 the United States to have access to the individual, 

14 if requested. 

15 (c)(1) Except as provided in paragraph (3), none of 

16 the funds appropriated or otherwise made available in this 

17 or any other Act may be used to transfer any individual 

18 detained at Guantanamo to the custody or effective control 

19 of the individual’s country of origin, any other foreign 

20 country, or any other foreign entity if there is a confirmed 

21 case of any individual who was detained at United States 

22 Naval Station, Guantanamo Bay, Cuba, at any time after 

23 September 11, 2001, who was transferred to the foreign 

24 country or entity and subsequently engaged in any ter25 rorist activity. 
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1 (2) The Secretary of Defense may waive the prohibi2 tion in paragraph (1) if the Secretary determines that 

3 such a transfer is in the national security interests of the 

4 United States and includes, as part of the certification de5 scribed in subsection (b) relating to such transfer, the de6 termination of the Secretary under this paragraph. 

7 (3) Paragraph (1) shall not apply to any action taken 

8 by the Secretary to transfer any individual detained at 

9 Guantanamo to effectuate an order affecting the disposi10 tion of the individual that is issued by a court or com11 petent tribunal of the United States having lawful jurisdic12 tion. The Secretary shall notify Congress promptly upon 

13 issuance of any such order. 

14 (d) For the purposes of this section: 

15 (1) The term ‘‘individual detained at Guanta16 namo’’ means any individual who is located at 

17 United States Naval Station, Guantanamo Bay, 

18 Cuba, as of October 1, 2009, who— 

19 (A) is not a citizen of the United States or 

20 a member of the Armed Forces of the United 

21 States; and 

22 (B) is— 

23 (i) in the custody or under the effec24 tive control of the Department of Defense; 

25 or 
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•HR 2219 RS

1 (ii) otherwise under detention at 

2 United States Naval Station, Guantanamo 

3 Bay, Cuba. 

4 (2) The term ‘‘foreign terrorist organization’’ 

5 means any organization so designated by the Sec6 retary of State under section 219 of the Immigra7 tion and Nationality Act (8 U.S.C. 1189). 

8 SEC. 8123. (a) None of the funds appropriated or 

9 otherwise made available by this or any other Act may 

10 be used to modify any facility in the United States, its 

11 territories, or possessions to house any individual de12 scribed in subsection (c) for the purposes of detention or 

13 imprisonment in the custody or under the effective control 

14 of the Department of Defense. 

15 (b) The prohibition in subsection (a) shall not apply 

16 to any modification of facilities at United States Naval 

17 Station, Guantanamo Bay, Cuba. 

18 (c) An individual described in this subsection is any 

19 individual who, as of June 24, 2009, is located at United 

20 States Naval Station, Guantanamo Bay, Cuba, and who— 

21 (1) is not a citizen of the United States or a 

22 member of the Armed Forces of the United States; 

23 and 

24 (2) is— 
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•HR 2219 RS

1 (A) in the custody or under the effective 

2 control of the Department of Defense; or 

3 (B) otherwise under detention at United 

4 States Naval Station, Guantanamo Bay, Cuba. 

5 SEC. 8124. (a) IN GENERAL.—Of the funds made 

6 available to the Department of Defense under ‘‘Operation 

7 and Maintenance, Defense-Wide’’ in title II, $1,000,000 

8 shall be available to the Department to commission 

9 through a competitive, independent, private sector entity 

10 that is an organization described in section 501(c)(3) of 

11 the Internal Revenue Code of 1986 and exempt from tax 

12 under section 501(a) of such Code, and has recognized 

13 credentials and expertise in military affairs, to conduct a 

14 forward-looking, independent assessment of the current 

15 and prospective situation on the ground in Afghanistan 

16 and Pakistan, its impact on the surrounding region, and 

17 its consequences for United States interests. The entity 

18 shall examine 4 broad topic areas to include the strategic 

19 environment in and around Afghanistan and Pakistan, as 

20 well as security, political, and economic and reconstruction 

21 developments in those 2 countries. 

22 (b) REPORT.—Not later than 120 days after the date 

23 of the enactment of this Act, the entity described in sub24 section (a) shall submit to the President and the Congress 

25 a report on the assessment conducted under subsection 
119 

•HR 2219 RS

1 (a), including relevant policy recommendations relating 

2 thereto. 

3 (c) SENSE OF CONGRESS.—It is the sense of Con4 gress that the entity described in subsection (a) should 

5 be modeled on the Iraq Study Group. 

6 SEC. 8125. Not later than 90 days after the date of 

7 the enactment of this Act, the Secretary of Defense shall 

8 submit to the congressional defense committees a report 

9 on the approximately $100,000,000,000 in efficiency sav10 ings identified by the military departments in the defense 

11 budget covering fiscal years 2012 through 2016 that are 

12 to be reinvested in the priorities of the military depart13 ments. Such report shall include an analysis of— 

14 (1) each savings identified by the military de15 partments, including— 

16 (A) the budget account from which such 

17 savings will be derived; 

18 (B) the number of military personnel and 

19 full-time civilian employees of the Federal Gov20 ernment affected by such savings; 

21 (C) the estimated reductions in the number 

22 and funding of contractor personnel caused by 

23 such savings; and 

24 (D) a specific description of activities or 

25 services that will be affected by such savings, 
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•HR 2219 RS

1 including the locations of such activities or serv2 ices; and 

3 (2) each reinvestment planned to be funded 

4 with such savings, including— 

5 (A) with respect to such reinvestment in 

6 procurement and research, development, test 

7 and evaluation accounts, the budget account to 

8 which such savings will be reinvested, including, 

9 by line item, the number of items to be pro10 cured, as shown in annual P–1 and R–1 docu11 ments; 

12 (B) with respect to such reinvestment in 

13 military personnel and operation and mainte14 nance accounts, the budget account and the 

15 subactivity (as shown in annual–1 and O–1 

16 budget documents) to which such savings will 

17 be reinvested; 

18 (C) the number of military personnel and 

19 full-time civilian employees of the Federal Gov20 ernment affected by such reinvestment; 

21 (D) the estimated number and funding of 

22 contractor personnel affected by such reinvest23 ment; and 

24 (E) a specific description of activities or 

25 services that will be affected by such reinvest-
121 

•HR 2219 RS

1 ment, including the locations of such activities 

2 or services. 

3 SEC. 8126. None of the funds made available by this 

4 Act may be used to enter into a contract, memorandum 

5 of understanding, or cooperative agreement with, make a 

6 grant to, or provide a loan or loan guarantee to, any cor7 poration that any unpaid Federal tax liability that has 

8 been assessed, for which all judicial and administrative 

9 remedies have been exhausted or have lapsed, and that 

10 is not being paid in a timely manner pursuant to an agree11 ment with the authority responsible for collecting the tax 

12 liability. 

13 SEC. 8127. None of the funds made available by this 

14 Act may be used to enter into a contract, memorandum 

15 of understanding, or cooperative agreement with, make a 

16 grant to, or provide a loan or loan guarantee to, any cor17 poration that was convicted of a felony criminal violation 

18 under any Federal law within the preceding 24 months. 

19 TITLE IX 

20 OVERSEAS CONTINGENCY OPERATIONS 

21 MILITARY PERSONNEL 

22 MILITARY PERSONNEL, ARMY

23 For an additional amount for ‘‘Military Personnel, 

24 Army’’, $6,822,635,000: Provided, That each amount in 

25 this paragraph is designated as being for the global war 
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•HR 2219 RS

1 on terrorism pursuant to section 301 of H. Con. Res. 34 

2 (112th Congress). 

3 MILITARY PERSONNEL, NAVY

4 For an additional amount for ‘‘Military Personnel, 

5 Navy’’, $919,034,000: Provided, That each amount in this 

6 paragraph is designated as being for the global war on 

7 terrorism pursuant to section 301 of H. Con. Res. 34 

8 (112th Congress). 

9 MILITARY PERSONNEL, MARINE CORPS

10 For an additional amount for ‘‘Military Personnel, 

11 Marine Corps’’, $675,360,000: Provided, That each 

12 amount in this paragraph is designated as being for the 

13 global war on terrorism pursuant to section 301 of H. 

14 Con. Res. 34 (112th Congress). 

15 MILITARY PERSONNEL, AIR FORCE

16 For an additional amount for ‘‘Military Personnel, 

17 Air Force’’, $1,436,353,000: Provided, That each amount 

18 in this paragraph is designated as being for the global war 

19 on terrorism pursuant to section 301 of H. Con. Res. 34 

20 (112th Congress). 

21 RESERVE PERSONNEL, ARMY

22 For an additional amount for ‘‘Reserve Personnel, 

23 Army’’, $207,162,000: Provided, That each amount in this 

24 paragraph is designated as being for the global war on 
123 

•HR 2219 RS

1 terrorism pursuant to section 301 of H. Con. Res. 34 

2 (112th Congress). 

3 RESERVE PERSONNEL, NAVY

4 For an additional amount for ‘‘Reserve Personnel, 

5 Navy’’, $44,530,000: Provided, That each amount in this 

6 paragraph is designated as being for the global war on 

7 terrorism pursuant to section 301 of H. Con. Res. 34 

8 (112th Congress). 

9 RESERVE PERSONNEL, MARINE CORPS

10 For an additional amount for ‘‘Reserve Personnel, 

11 Marine Corps’’, $25,421,000: Provided, That each amount 

12 in this paragraph is designated as being for the global war 

13 on terrorism pursuant to section 301 of H. Con. Res. 34 

14 (112th Congress). 

15 RESERVE PERSONNEL, AIR FORCE

16 For an additional amount for ‘‘Reserve Personnel, 

17 Air Force’’, $26,815,000: Provided, That each amount in 

18 this paragraph is designated as being for the global war 

19 on terrorism pursuant to section 301 of H. Con. Res. 34 

20 (112th Congress). 

21 NATIONAL GUARD PERSONNEL, ARMY

22 For an additional amount for ‘‘National Guard Per23 sonnel, Army’’, $646,879,000: Provided, That each 

24 amount in this paragraph is designated as being for the 
124 

•HR 2219 RS

1 global war on terrorism pursuant to section 301 of H. 

2 Con. Res. 34 (112th Congress). 

3 NATIONAL GUARD PERSONNEL, AIR FORCE

4 For an additional amount for ‘‘National Guard Per5 sonnel, Air Force’’, $9,435,000: Provided, That each 

6 amount in this paragraph is designated as being for the 

7 global war on terrorism pursuant to section 301 of H. 

8 Con. Res. 34 (112th Congress). 

9 OPERATION AND MAINTENANCE 

10 OPERATION AND MAINTENANCE, ARMY

11 For an additional amount for ‘‘Operation and Main12 tenance, Army’’, $39,175,755,000: Provided, That each 

13 amount in this paragraph is designated as being for the 

14 global war on terrorism pursuant to section 301 of H. 

15 Con. Res. 34 (112th Congress). 

16 OPERATION AND MAINTENANCE, NAVY

17 For an additional amount for ‘‘Operation and Main18 tenance, Navy’’, $6,749,489,000: Provided, That each 

19 amount in this paragraph is designated as being for the 

20 global war on terrorism pursuant to section 301 of H. 

21 Con. Res. 34 (112th Congress). 

22 OPERATION AND MAINTENANCE, MARINE CORPS

23 For an additional amount for ‘‘Operation and Main24 tenance, Marine Corps’’, $3,571,210,000: Provided, That 

25 each amount in this paragraph is designated as being for 
125 

•HR 2219 RS

1 the global war on terrorism pursuant to section 301 of 

2 H. Con. Res. 34 (112th Congress). 

3 OPERATION AND MAINTENANCE, AIR FORCE

4 For an additional amount for ‘‘Operation and Main5 tenance, Air Force’’, $10,739,587,000: Provided, That 

6 each amount in this paragraph is designated as being for 

7 the global war on terrorism pursuant to section 301 of 

8 H. Con. Res. 34 (112th Congress). 

9 OPERATION AND MAINTENANCE, DEFENSE-WIDE

10 For an additional amount for ‘‘Operation and Main11 tenance, Defense-Wide’’, $9,312,876,000: Provided, That 

12 each amount in this paragraph is designated as being for 

13 the global war on terrorism pursuant to section 301 of 

14 H. Con. Res. 34 (112th Congress): Provided further, That 

15 of the funds provided under this heading: 

16 (1) Not to exceed $12,500,000 for the Combat17 ant Commander Initiative Fund, to be used in sup18 port of Operation New Dawn and Operation Endur19 ing Freedom. 

20 (2) Not to exceed $1,750,000,000, to remain 

21 available until expended, for payments to reimburse 

22 key cooperating nations for logistical, military, and 

23 other support, including access provided to United 

24 States military operations in support of Operation 

25 New Dawn and Operation Enduring Freedom, not-
126 

•HR 2219 RS

1 withstanding any other provision of law: Provided, 

2 That such reimbursement payments may be made in 

3 such amounts as the Secretary of Defense, with the 

4 concurrence of the Secretary of State, and in con5 sultation with the Director of the Office of Manage6 ment and Budget, may determine, in his discretion, 

7 based on documentation determined by the Secretary 

8 of Defense to adequately account for the support 

9 provided, and such determination is final and con10 clusive upon the accounting officers of the United 

11 States, and 15 days following notification to the ap12 propriate congressional committees: Provided further, 

13 That the requirement to provide notification shall 

14 not apply with respect to a reimbursement for access 

15 based on an international agreement: Provided fur16 ther, That these funds may be used for the purpose 

17 of providing specialized training and procuring sup18 plies and specialized equipment and providing such 

19 supplies and loaning such equipment on a non-reim20 bursable basis to coalition forces supporting United 

21 States military operations in Iraq and Afghanistan, 

22 and 15 days following notification to the appropriate 

23 congressional committees: Provided further, That the 

24 Secretary of Defense shall provide quarterly reports 
127 

•HR 2219 RS

1 to the congressional defense committees on the use 

2 of funds provided in this paragraph. 

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Army Reserve’’, $217,500,000: Provided, That 

6 each amount in this paragraph is designated as being for 

7 the global war on terrorism pursuant to section 301 of 

8 H. Con. Res. 34 (112th Congress). 

9 OPERATION AND MAINTENANCE, NAVY RESERVE

10 For an additional amount for ‘‘Operation and Main11 tenance, Navy Reserve’’, $74,148,000: Provided, That 

12 each amount in this paragraph is designated as being for 

13 the global war on terrorism pursuant to section 301 of 

14 H. Con. Res. 34 (112th Congress). 

15 OPERATION AND MAINTENANCE, MARINE CORPS

16 RESERVE

17 For an additional amount for ‘‘Operation and Main18 tenance, Marine Corps Reserve’’, $36,084,000: Provided, 

19 That each amount in this paragraph is designated as 

20 being for the global war on terrorism pursuant to section 

21 301 of H. Con. Res. 34 (112th Congress). 

22 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

23 For an additional amount for ‘‘Operation and Main24 tenance, Air Force Reserve’’, $142,050,000: Provided, 

25 That each amount in this paragraph is designated as 
128 

•HR 2219 RS

1 being for the global war on terrorism pursuant to section 

2 301 of H. Con. Res. 34 (112th Congress). 

3 OPERATION AND MAINTENANCE, ARMY NATIONAL

4 GUARD

5 For an additional amount for ‘‘Operation and Main6 tenance, Army National Guard’’, $387,544,000: Provided, 

7 That each amount in this paragraph is designated as 

8 being for the global war on terrorism pursuant to section 

9 301 of H. Con. Res. 34 (112th Congress). 

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For an additional amount for ‘‘Operation and Main12 tenance, Air National Guard’’, $34,050,000: Provided, 

13 That each amount in this paragraph is designated as 

14 being for the global war on terrorism pursuant to section 

15 301 of H. Con. Res. 34 (112th Congress). 

16 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 In addition to amounts provided elsewhere in this 

19 Act, there is appropriated $5,000,000,000 for the ‘‘Over20 seas Contingency Operations Transfer Fund’’ for expenses 

21 directly relating to overseas contingency operations by 

22 United States military forces, to be available until ex23 pended: Provided, That each amount in this paragraph is 

24 designated as being for the global war on terrorism pursu25 ant to section 301 of H. Con. Res. 34 (112th Congress): 
129 

•HR 2219 RS

1 Provided further, That of the funds made available in this 

2 section, the Secretary of Defense may transfer these funds 

3 only to military personnel accounts, operation and mainte4 nance accounts, procurement accounts, and working cap5 ital fund accounts: Provided further, That the funds trans6 ferred shall be merged with and shall be available for the 

7 same purposes and for the same time period, as the appro8 priation to which transferred: Provided further, that the 

9 Secretary shall notify the congressional defense commit10 tees 15 days prior to such transfer: Provided further, That 

11 the transfer authority provided under this heading is in 

12 addition to any other transfer authority available to the 

13 Department of Defense: Provided further, That upon a de14 termination that all or part of the funds transferred from 

15 this appropriation are not necessary for the purposes pro16 vided herein, such amounts may be transferred back to 

17 this appropriation and shall be available for the same pur18 poses and for the same time period as originally appro19 priated. 

20 AFGHANISTAN INFRASTRUCTURE FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 There is hereby established in the Treasury of the 

23 United States the ‘‘Afghanistan Infrastructure Fund’’. 

24 For the ‘‘Afghanistan Infrastructure Fund’’, 

25 $475,000,000, to remain available until September 30, 
130 

•HR 2219 RS

1 2013: Provided, That such sums shall be available for in2 frastructure projects in Afghanistan, notwithstanding any 

3 other provision of law, which shall be undertaken by the 

4 Secretary of State, unless the Secretary of State and the 

5 Secretary of Defense jointly decide that a specific project 

6 will be undertaken by the Department of Defense: Pro7 vided further, That the infrastructure referred to in the 

8 preceding proviso is in support of the counterinsurgency 

9 strategy, requiring funding for facility and infrastructure 

10 projects, including, but not limited to, water, power, and 

11 transportation projects and related maintenance and 

12 sustainment costs: Provided further, That the authority to 

13 undertake such infrastructure projects is in addition to 

14 any other authority to provide assistance to foreign na15 tions: Provided further, That any projects funded by this 

16 appropriation shall be jointly formulated and concurred in 

17 by the Secretary of State and Secretary of Defense: Pro18 vided further, That funds may be transferred to the De19 partment of State for purposes of undertaking projects, 

20 which funds shall be considered to be economic assistance 

21 under the Foreign Assistance Act of 1961 for purposes 

22 of making available the administrative authorities con23 tained in that Act: Provided further, That the transfer au24 thority in the preceding proviso is in addition to any other 

25 authority available to the Department of Defense to trans-
131 

•HR 2219 RS

1 fer funds: Provided further, That any unexpended funds 

2 transferred to the Secretary of State under this authority 

3 shall be returned to the Afghanistan Infrastructure Fund 

4 if the Secretary of State, in coordination with the Sec5 retary of Defense, determines that the project cannot be 

6 implemented for any reason, or that the project no longer 

7 supports the counterinsurgency strategy in Afghanistan: 

8 Provided further, That any funds returned to the Sec9 retary of Defense under the previous proviso shall be avail10 able for use under this appropriation and shall be treated 

11 in the same manner as funds not transferred to the Sec12 retary of State: Provided further, That contributions of 

13 funds for the purposes provided herein to the Secretary 

14 of State in accordance with section 635(d) of the Foreign 

15 Assistance Act from any person, foreign government, or 

16 international organization may be credited to this Fund, 

17 to remain available until expended, and used for such pur18 poses: Provided further, That the Secretary of Defense 

19 shall, not fewer than 15 days prior to making transfers 

20 to or from, or obligations from the Fund, notify the appro21 priate committees of Congress in writing of the details of 

22 any such transfer: Provided further, That for the purpose 

23 of the section the ‘‘appropriate committees of Congress’’ 

24 are the Committees on Armed Services, Foreign Relations 

25 and Appropriations of the Senate and the Committees on 
132 

•HR 2219 RS

1 Armed Services, Foreign Affairs and Appropriations of the 

2 House of Representatives: Provided further, That each 

3 amount in this paragraph is designated as being for the 

4 global war on terrorism pursuant to section 301 of H. 

5 Con. Res. 34 (112th Congress). 

6 AFGHANISTAN SECURITY FORCES FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 For the ‘‘Afghanistan Security Forces Fund’’, 

9 $12,800,000,000 (reduced by $35,000,000), to remain 

10 available until September 30, 2013: Provided, That such 

11 funds shall be available to the Secretary of Defense, not12 withstanding any other provision of law, for the purpose 

13 of allowing the Commander, Combined Security Transi14 tion Command—Afghanistan, or the Secretary’s designee, 

15 to provide assistance, with the concurrence of the Sec16 retary of State, to the security forces of Afghanistan, in17 cluding the provision of equipment, supplies, services, 

18 training, facility and infrastructure repair, renovation, and 

19 construction, and funding: Provided further, That the au20 thority to provide assistance under this heading is in addi21 tion to any other authority to provide assistance to foreign 

22 nations: Provided further, That up to $15,000,000 of these 

23 funds may be available for coalition police trainer life sup24 port costs: Provided further, That contributions of funds 

25 for the purposes provided herein from any person, foreign 
133 

•HR 2219 RS

1 government, or international organization may be credited 

2 to this Fund and used for such purposes: Provided further, 

3 That the Secretary of Defense shall notify the congres4 sional defense committees in writing upon the receipt and 

5 upon the obligation of any contribution, delineating the 

6 sources and amounts of the funds received and the specific 

7 use of such contributions: Provided further, That the Sec8 retary of Defense shall, not fewer than 15 days prior to 

9 obligating from this appropriation account, notify the con10 gressional defense committees in writing of the details of 

11 any such obligation: Provided further, That the Secretary 

12 of Defense shall notify the congressional defense commit13 tees of any proposed new projects or transfer of funds be14 tween budget sub-activity groups in excess of 

15 $20,000,000: Provided further, That each amount in this 

16 paragraph is designated as being for the global war on 

17 terrorism pursuant to section 301 of H. Con. Res. 34 

18 (112th Congress). 

19 PAKISTAN COUNTERINSURGENCY FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For the ‘‘Pakistan Counterinsurgency Fund’’, 

22 $1,100,000,000, to remain available until September 30, 

23 2013: Provided, That such funds shall be available to the 

24 Secretary of Defense, with the concurrence of the Sec25 retary of State, notwithstanding any other provision of 
134 

•HR 2219 RS

1 law, for the purpose of allowing the Secretary of Defense, 

2 or the Secretary’s designee, to provide assistance to Paki3 stan’s security forces; including program management and 

4 the provision of equipment, supplies, services, training, 

5 and funds; and facility and infrastructure repair, renova6 tion, and construction to build the counterinsurgency ca7 pability of Pakistan’s military and Frontier Corps: Pro8 vided further, That the authority to provide assistance 

9 under this provision is in addition to any other authority 

10 to provide assistance to foreign nations: Provided further, 

11 That the Secretary of Defense may transfer funds pro12 vided herein to appropriations for operation and mainte13 nance; procurement; research, development, test and eval14 uation; defense working capital funds; and to the Depart15 ment of State, Pakistan Counterinsurgency Capability 

16 Fund to accomplish the purpose provided herein: Provided 

17 further, That the transfer authority in the preceding pro18 viso is in addition to any other authority available to the 

19 Department of Defense to transfer funds: Provided fur20 ther, That funds so transferred shall be merged with and 

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

22 period as the appropriation or fund to which transferred: 

23 Provided further, That the Secretary of Defense shall, not 

24 fewer than 15 days prior to making transfers from this 

25 appropriation account, notify the Committees on Appro-
135 

•HR 2219 RS

1 priations in writing of the details of any such transfer: 

2 Provided further, That each amount in this paragraph is 

3 designated as being for the global war on terrorism pursu4 ant to section 301 of H. Con. Res. 34 (112th Congress). 

5 PROCUREMENT 

6 AIRCRAFT PROCUREMENT, ARMY

7 For an additional amount for ‘‘Aircraft Procurement, 

8 Army’’, $387,900,000, to remain available until Sep9 tember 30, 2014: Provided, That each amount in this 

10 paragraph is designated as being for the global war on 

11 terrorism pursuant to section 301 of H. Con. Res. 34 

12 (112th Congress). 

13 MISSILE PROCUREMENT, ARMY

14 For an additional amount for ‘‘Missile Procurement, 

15 Army’’, $118,412,000, to remain available until Sep16 tember 30, 2014: Provided, That each amount in this 

17 paragraph is designated as being for the global war on 

18 terrorism pursuant to section 301 of H. Con. Res. 34 

19 (112th Congress). 

20 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

21 VEHICLES, ARMY

22 For an additional amount for ‘‘Procurement of Weap23 ons and Tracked Combat Vehicles, Army’’, $37,117,000, 

24 to remain available until September 30, 2014: Provided, 

25 That each amount in this paragraph is designated as 
136 

•HR 2219 RS

1 being for the global war on terrorism pursuant to section 

2 301 of H. Con. Res. 34 (112th Congress). 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For an additional amount for ‘‘Procurement of Am5 munition, Army’’, $208,381,000, to remain available until 

6 September 30, 2014: Provided, That each amount in this 

7 paragraph is designated as being for the global war on 

8 terrorism pursuant to section 301 of H. Con. Res. 34 

9 (112th Congress). 

10 OTHER PROCUREMENT, ARMY

11 For an additional amount for ‘‘Other Procurement, 

12 Army’’, $1,398,195,000, to remain available until Sep13 tember 30, 2014: Provided, That each amount in this 

14 paragraph is designated as being for the global war on 

15 terrorism pursuant to section 301 of H. Con. Res. 34 

16 (112th Congress). 

17 AIRCRAFT PROCUREMENT, NAVY

18 For an additional amount for ‘‘Aircraft Procurement, 

19 Navy’’, $492,060,000, to remain available until September 

20 30, 2014: Provided, That each amount in this paragraph 

21 is designated as being for the global war on terrorism pur22 suant to section 301 of H. Con. Res. 34 (112th Congress). 

23 WEAPONS PROCUREMENT, NAVY

24 For an additional amount for ‘‘Weapons Procure25 ment, Navy’’, $41,070,000, to remain available until Sep-
137 

•HR 2219 RS

1 tember 30, 2014: Provided, That each amount in this 

2 paragraph is designated as being for the global war on 

3 terrorism pursuant to section 301 of H. Con. Res. 34 

4 (112th Congress). 

5 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

6 CORPS

7 For an additional amount for ‘‘Procurement of Am8 munition, Navy and Marine Corps’’, $317,100,000, to re9 main available until September 30, 2014: Provided, That 

10 each amount in this paragraph is designated as being for 

11 the global war on terrorism pursuant to section 301 of 

12 H. Con. Res. 34 (112th Congress). 

13 OTHER PROCUREMENT, NAVY

14 For an additional amount for ‘‘Other Procurement, 

15 Navy’’, $249,514,000, to remain available until September 

16 30, 2014: Provided, That each amount in this paragraph 

17 is designated as being for the global war on terrorism pur18 suant to section 301 of H. Con. Res. 34 (112th Congress). 

19 PROCUREMENT, MARINE CORPS

20 For an additional amount for ‘‘Procurement, Marine 

21 Corps’’, $1,183,996,000, to remain available until Sep22 tember 30, 2014: Provided, That each amount in this 

23 paragraph is designated as being for the global war on 

24 terrorism pursuant to section 301 of H. Con. Res. 34 

25 (112th Congress). 
138 

•HR 2219 RS

1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Air Force’’, $440,265,000, to remain available until Sep4 tember 30, 2014: Provided, That each amount in this 

5 paragraph is designated as being for the global war on 

6 terrorism pursuant to section 301 of H. Con. Res. 34 

7 (112th Congress). 

8 MISSILE PROCUREMENT, AIR FORCE

9 For an additional amount for ‘‘Missile Procurement, 

10 Air Force’’, $46,920,000, to remain available until Sep11 tember 30, 2014: Provided, That each amount in this 

12 paragraph is designated as being for the global war on 

13 terrorism pursuant to section 301 of H. Con. Res. 34 

14 (112th Congress). 

15 PROCUREMENT OF AMMUNITION, AIR FORCE

16 For an additional amount for ‘‘Procurement of Am17 munition, Air Force’’, $139,510,000, to remain available 

18 until September 30, 2014: Provided, That each amount 

19 in this paragraph is designated as being for the global war 

20 on terrorism pursuant to section 301 of H. Con. Res. 34 

21 (112th Congress). 

22 OTHER PROCUREMENT, AIR FORCE

23 For an additional amount for ‘‘Other Procurement, 

24 Air Force’’, $3,213,010,000, to remain available until 

25 September 30, 2014: Provided, That each amount in this 
139 

•HR 2219 RS

1 paragraph is designated as being for the global war on 

2 terrorism pursuant to section 301 of H. Con. Res. 34 

3 (112th Congress). 

4 PROCUREMENT, DEFENSE-WIDE

5 For an additional amount for ‘‘Procurement, De6 fense-Wide’’, $406,668,000, to remain available until Sep7 tember 30, 2014: Provided, That each amount in this 

8 paragraph is designated as being for the global war on 

9 terrorism pursuant to section 301 of H. Con. Res. 34 

10 (112th Congress). 

11 NATIONAL GUARD AND RESERVE EQUIPMENT

12 For procurement of aircraft, missiles, tracked combat 

13 vehicles, ammunition, other weapons and other procure14 ment for the reserve components of the Armed Forces, 

15 $1,500,000,000, to remain available for obligation until 

16 September 30, 2014, of which $490,000,000 shall be 

17 available only for the Army National Guard: Provided, 

18 That the Chiefs of National Guard and Reserve compo19 nents shall, not later than 30 days after the enactment 

20 of this Act, individually submit to the congressional de21 fense committees the modernization priority assessment 

22 for their respective National Guard or Reserve component: 

23 Provided further, That each amount in this paragraph is 

24 designated as being for the global war on terrorism pursu25 ant to section 301 of H. Con. Res. 34 (112th Congress). 
140 

•HR 2219 RS

1 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Mine Resistant Ambush Protected Vehicle 

4 Fund, $3,195,170,000, to remain available until Sep5 tember 30, 2013: Provided, That such funds shall be avail6 able to the Secretary of Defense, notwithstanding any 

7 other provision of law, to procure, sustain, transport, and 

8 field Mine Resistant Ambush Protected vehicles: Provided 

9 further, That the Secretary shall transfer such funds only 

10 to appropriations made available in this or any other Act 

11 for operation and maintenance; procurement; research, de12 velopment, test and evaluation; and defense working cap13 ital funds to accomplish the purpose provided herein: Pro14 vided further, That such funds transferred shall be merged 

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

16 time period as the appropriation to which transferred: 

17 Provided further, That this transfer authority is in addi18 tion to any other transfer authority available to the De19 partment of Defense: Provided further, That the Secretary 

20 shall, not fewer than 10 days prior to making transfers 

21 from this appropriation, notify the congressional defense 

22 committees in writing of the details of any such transfer: 

23 Provided further, That each amount in this paragraph is 

24 designated as being for the global war on terrorism pursu25 ant to section 301 of H. Con. Res. 34 (112th Congress). 
141 

•HR 2219 RS

1 RESEARCH, DEVELOPMENT, TEST, AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 ARMY

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Army’’, $8,513,000, to remain 

7 available until September 30, 2013: Provided, That each 

8 amount in this paragraph is designated as being for the 

9 global war on terrorism pursuant to section 301 of H. 

10 Con. Res. 34 (112th Congress). 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

13 For an additional amount for ‘‘Research, Develop14 ment, Test and Evaluation, Navy’’, $53,884,000, to re15 main available until September 30, 2013: Provided, That 

16 each amount in this paragraph is designated as being for 

17 the global war on terrorism pursuant to section 301 of 

18 H. Con. Res. 34 (112th Congress). 

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

20 AIR FORCE

21 For an additional amount for ‘‘Research, Develop22 ment, Test and Evaluation, Air Force’’, $182,000,000, to 

23 remain available until September 30, 2013: Provided, 

24 That each amount in this paragraph is designated as 
142 

•HR 2219 RS

1 being for the global war on terrorism pursuant to section 

2 301 of H. Con. Res. 34 (112th Congress). 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 DEFENSE-WIDE

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Defense-Wide’’, 

7 $192,361,000, to remain available until September 30, 

8 2013: Provided, That each amount in this paragraph is 

9 designated as being for the global war on terrorism pursu10 ant to section 301 of H. Con. Res. 34 (112th Congress). 

11 REVOLVING AND MANAGEMENT FUNDS 

12 DEFENSE WORKING CAPITAL FUNDS

13 For an additional amount for ‘‘Defense Working 

14 Capital Funds’’, $435,013,000: Provided, That each 

15 amount in this paragraph is designated as being for the 

16 global war on terrorism pursuant to section 301 of H. 

17 Con. Res. 34 (112th Congress). 

18 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

19 DEFENSE HEALTH PROGRAM

20 For an additional amount for ‘‘Defense Health Pro21 gram’’, $1,228,288,000 (increased by $20,000,000), 

22 which shall be for operation and maintenance: Provided, 

23 That each amount in this paragraph is designated as 

24 being for the global war on terrorism pursuant to section 

25 301 of H. Con. Res. 34 (112th Congress). 
143 

•HR 2219 RS

1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

2 For an additional amount for ‘‘Drug Interdiction and 

3 Counter-Drug Activities’’, $469,458,000, to remain avail4 able until September 30, 2013: Provided, That each 

5 amount in this paragraph is designated as being for the 

6 global war on terrorism pursuant to section 301 of H. 

7 Con. Res. 34 (112th Congress). 

8 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for ‘‘Joint Improvised Ex11 plosive Device Defeat Fund’’, $2,577,500,000, to remain 

12 available until September 30, 2014: Provided, That such 

13 funds shall be available to the Secretary of Defense, not14 withstanding any other provision of law, for the purpose 

15 of allowing the Director of the Joint Improvised Explosive 

16 Device Defeat Organization to investigate, develop and 

17 provide equipment, supplies, services, training, facilities, 

18 personnel and funds to assist United States forces in the 

19 defeat of improvised explosive devices: Provided further, 

20 That the Secretary of Defense may transfer funds pro21 vided herein to appropriations for military personnel; oper22 ation and maintenance; procurement; research, develop23 ment, test and evaluation; and defense working capital 

24 funds to accomplish the purpose provided herein: Provided 

25 further, That this transfer authority is in addition to any 
144 

•HR 2219 RS

1 other transfer authority available to the Department of 

2 Defense: Provided further, That the Secretary of Defense 

3 shall, not fewer than 15 days prior to making transfers 

4 from this appropriation, notify the congressional defense 

5 committees in writing of the details of any such transfer: 

6 Provided further, That each amount in this paragraph is 

7 designated as being for the global war on terrorism pursu8 ant to section 301 of H. Con. Res. 34 (112th Congress). 

9 OFFICE OF THE INSPECTOR GENERAL

10 For an additional amount for the ‘‘Office of the In11 spector General’’, $11,055,000: Provided, That each 

12 amount in this paragraph is designated as being for the 

13 global war on terrorism pursuant to section 301 of H. 

14 Con. Res. 34 (112th Congress). 

15 GENERAL PROVISIONS—THIS TITLE 

16 SEC. 9001. Notwithstanding any other provision of 

17 law, funds made available in this title are in addition to 

18 amounts appropriated or otherwise made available for the 

19 Department of Defense for 2012. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 9002. Upon the determination of the Secretary 

22 of Defense that such action is necessary in the national 

23 interest, the Secretary may, with the approval of the Of24 fice of Management and Budget, transfer up to 

25 $3,000,000,000 between the appropriations or funds made 
145 

•HR 2219 RS

1 available to the Department of Defense in this title: Pro2 vided, That the Secretary shall notify the Congress 

3 promptly of each transfer made pursuant to the authority 

4 in this section: Provided further, That the authority pro5 vided in this section is in addition to any other transfer 

6 authority available to the Department of Defense and is 

7 subject to the same terms and conditions as the authority 

8 provided in the Department of Defense Appropriations 

9 Act, 2012. 

10 SEC. 9003. Supervision and administration costs as11 sociated with a construction project funded with appro12 priations available for operation and maintenance, ‘‘Af13 ghanistan Infrastructure Fund’’ or the ‘‘Afghanistan Se14 curity Forces Fund’’ provided in this Act and executed 

15 in direct support of overseas contingency operations in Af16 ghanistan, may be obligated at the time a construction 

17 contract is awarded: Provided, That for the purpose of this 

18 section, supervision and administration costs include all 

19 in-house Government costs. 

20 SEC. 9004. From funds made available in this title, 

21 the Secretary of Defense may purchase for use by military 

22 and civilian employees of the Department of Defense in 

23 the U. S. Central Command area of responsibility: (a) pas24 senger motor vehicles up to a limit of $75,000 per vehicle 

25 and (b) heavy and light armored vehicles for the physical 
146 

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1 security of personnel or for force protection purposes up 

2 to a limit of $250,000 per vehicle, notwithstanding price 

3 or other limitations applicable to the purchase of pas4 senger carrying vehicles. 

5 SEC. 9005. Not to exceed $400,000,000 of the 

6 amount appropriated in this title under the heading ‘‘Op7 eration and Maintenance, Army’’ may be used, notwith8 standing any other provision of law, to fund the Com9 mander’s Emergency Response Program (CERP), for the 

10 purpose of enabling military commanders in Afghanistan 

11 to respond to urgent, small scale, humanitarian relief and 

12 reconstruction requirements within their areas of responsi13 bility: Provided, That each project (including any ancillary 

14 or related elements in connection with such project) exe15 cuted under this authority shall not exceed $20,000,000: 

16 Provided further, That not later than 45 days after the 

17 end of each fiscal year quarter, the Secretary of Defense 

18 shall submit to the congressional defense committees a re19 port regarding the source of funds and the allocation and 

20 use of funds during that quarter that were made available 

21 pursuant to the authority provided in this section or under 

22 any other provision of law for the purposes described here23 in: Provided further, That, not later than 30 days after 

24 the end of each month, the Army shall submit to the con25 gressional defense committees monthly commitment, obli-
147 

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1 gation, and expenditure data for the Commander’s Emer2 gency Response Program in Afghanistan: Provided further, 

3 That not less than 15 days before making funds available 

4 pursuant to the authority provided in this section or under 

5 any other provision of law for the purposes described here6 in for a project with a total anticipated cost for completion 

7 of $5,000,000 or more, the Secretary shall submit to the 

8 congressional defense committees a written notice con9 taining each of the following: 

10 (1) The location, nature and purpose of the 

11 proposed project, including how the project is in12 tended to advance the military campaign plan for 

13 the country in which it is to be carried out. 

14 (2) The budget, implementation timeline with 

15 milestones, and completion date for the proposed 

16 project, including any other CERP funding that has 

17 been or is anticipated to be contributed to the com18 pletion of the project. 

19 (3) A plan for the sustainment of the proposed 

20 project, including the agreement with either the host 

21 nation, a non-Department of Defense agency of the 

22 United States Government or a third party contrib23 utor to finance the sustainment of the activities and 

24 maintenance of any equipment or facilities to be pro25 vided through the proposed project. 
148 

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1 SEC. 9006. Funds available to the Department of De2 fense for operation and maintenance may be used, not3 withstanding any other provision of law, to provide sup4 plies, services, transportation, including airlift and sealift, 

5 and other logistical support to coalition forces supporting 

6 military and stability operations in Iraq and Afghanistan: 

7 Provided, That the Secretary of Defense shall provide 

8 quarterly reports to the congressional defense committees 

9 regarding support provided under this section. 

10 SEC. 9007. None of the funds appropriated or other11 wise made available by this or any other Act shall be obli12 gated or expended by the United States Government for 

13 a purpose as follows: 

14 (1) To establish any military installation or 

15 base for the purpose of providing for the permanent 

16 stationing of United States Armed Forces in Iraq. 

17 (2) To exercise United States control over any 

18 oil resource of Iraq. 

19 (3) To establish any military installation or 

20 base for the purpose of providing for the permanent 

21 stationing of United States Armed Forces in Af22 ghanistan. 

23 SEC. 9008. None of the funds made available in this 

24 Act may be used in contravention of the following laws 

25 enacted or regulations promulgated to implement the 
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1 United Nations Convention Against Torture and Other 

2 Cruel, Inhuman or Degrading Treatment or Punishment 

3 (done at New York on December 10, 1984): 

4 (1) Section 2340A of title 18, United States 

5 Code. 

6 (2) Section 2242 of the Foreign Affairs Reform 

7 and Restructuring Act of 1998 (division G of Public 

8 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

9 note) and regulations prescribed thereto, including 

10 regulations under part 208 of title 8, Code of Fed11 eral Regulations, and part 95 of title 22, Code of 

12 Federal Regulations. 

13 (3) Sections 1002 and 1003 of the Department 

14 of Defense, Emergency Supplemental Appropriations 

15 to Address Hurricanes in the Gulf of Mexico, and 

16 Pandemic Influenza Act, 2006 (Public Law 109– 

17 148). 

18 SEC. 9009. (a) The Secretary of Defense shall submit 

19 to the congressional defense committees not later than 45 

20 days after the end of each fiscal quarter a report on the 

21 proposed use of all funds appropriated by this or any prior 

22 Act under each of the headings Afghanistan Security 

23 Forces Fund, Afghanistan Infrastructure Fund, and Paki24 stan Counterinsurgency Fund on a project-by-project 

25 basis, for which the obligation of funds is anticipated dur-
150 

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1 ing the 3-month period from such date, including esti2 mates for the accounts referred to in this section of the 

3 costs required to complete each such project. 

4 (b) The report required by this subsection shall in5 clude the following: 

6 (1) The use of all funds on a project-by-project 

7 basis for which funds appropriated under the head8 ings referred to in subsection (a) were obligated 

9 prior to the submission of the report, including esti10 mates for the accounts referred to in subsection (a) 

11 of the costs to complete each project. 

12 (2) The use of all funds on a project-by-project 

13 basis for which funds were appropriated under the 

14 headings referred to in subsection (a) in prior appro15 priations Acts, or for which funds were made avail16 able by transfer, reprogramming, or allocation from 

17 other headings in prior appropriations Acts, includ18 ing estimates for the accounts referred to in sub19 section (a) of the costs to complete each project. 

20 (3) An estimated total cost to train and equip 

21 the Afghanistan and Pakistan security forces, 

22 disaggregated by major program and sub-elements 

23 by force, arrayed by fiscal year. 

24 SEC. 9010. (a) FUNDING FOR OUTREACH AND RE25 INTEGRATION SERVICES UNDER YELLOW RIBBON RE-
151 

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1 INTEGRATION PROGRAM.—Of the amounts appropriated 

2 or otherwise made available by title IX, up to $20,000,000 

3 may be available for outreach and reintegration services 

4 under the Yellow Ribbon Reintegration Program under 

5 section 582(h) of the National Defense Authorization Act 

6 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

7 125; 10 U.S.C. 10101 note). 

8 (b) SUPPLEMENT NOT SUPPLANT.—The amount 

9 made available by subsection (a) for the services described 

10 in that subsection is in addition to any other amounts 

11 available in this Act for such services. 

12 SEC. 9011. Funds made available in this title to the 

13 Department of Defense for operation and maintenance 

14 may be used to purchase items having an investment unit 

15 cost of not more than $250,000: Provided, That, upon de16 termination by the Secretary of Defense that such action 

17 is necessary to meet the operational requirements of a 

18 Commander of a Combatant Command engaged in contin19 gency operations overseas, such funds may be used to pur20 chase items having an investment item unit cost of not 

21 more than $500,000. 

22 SEC. 9012. (a) The Task Force for Business and Sta23 bility Operations in Afghanistan may, subject to the direc24 tion and control of the Secretary of Defense and with the 

25 concurrence of the Secretary of State, carry out projects 
152 

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1 in fiscal year 2012 to assist the commander of the United 

2 States Central Command in developing a link between 

3 United States military operations in Afghanistan under 

4 Operation Enduring Freedom and the economic elements 

5 of United States national power in order to reduce vio6 lence, enhance stability, and restore economic normalcy in 

7 Afghanistan through strategic business and economic op8 portunities. 

9 (b) The projects carried out under paragraph (a) may 

10 include projects that facilitate private investment, indus11 trial development, banking and financial system develop12 ment, agricultural diversification and revitalization, and 

13 energy development in and with respect to Afghanistan. 

14 (c) The Secretary may use up to $150,000,000 of the 

15 funds available for overseas contingency operations in 

16 ‘‘Operation and Maintenance, Army’’ for additional activi17 ties to carry out projects under paragraph (a). 

18 SEC. 9013. From funds made available in this title 

19 to the Department of Defense for operation and mainte20 nance, up to $524,000,000 may be used by the Secretary 

21 of Defense, notwithstanding any other provision of law, 

22 to support the United States Government transition activi23 ties in Iraq by undertaking facilities renovation and con24 struction associated with establishing Office of Security 

25 Cooperation locations, at no more than ten sites, in Iraq: 
153 

•HR 2219 RS

1 Provided, That not less than 15 days before making funds 

2 available pursuant to the authority provided in this sec3 tion, the Secretary shall submit to the congressional de4 fense committees a written notice containing a detailed 

5 justification and timeline for each proposed site and the 

6 source of funds. 

7 SEC. 9014. (a) Not more than 85 percent of the 

8 funds provided in this title for operation and maintenance 

9 may be available for obligation or expenditure until the 

10 date on which the Secretary of Defense submits the report 

11 under subsection (b). 

12 (b) Not later than 120 days after the date of the en13 actment of this Act, the Secretary of Defense shall submit 

14 to the congressional defense committees a report on con15 tractor employees in the United States Central Command, 

16 including— 

17 (1) the number of employees of a contractor 

18 awarded a contract by the Department of Defense 

19 (including subcontractor employees) who are em20 ployed at the time of the report in the area of oper21 ations of the United States Central Command, in22 cluding a list of the number of such employees in 

23 each of Iraq, Afghanistan, and all other areas of op24 erations of the United States Central Command; and 
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1 (2) for each fiscal year quarter beginning on 

2 the date of the report and ending on September 30, 

3 2012— 

4 (A) the number of such employees planned 

5 by the Secretary to be employed during each 

6 such period in each of Iraq, Afghanistan, and 

7 all other areas of operations of the United 

8 States Central Command; and 

9 (B) an explanation of how the number of 

10 such employees listed under subparagraph (A) 

11 relates to the planned number of military per12 sonnel in such locations. 

13 SEC. 9015. Of the amounts appropriated or trans14 ferred to the Pakistan Counterinsurgency Fund (hereafter 

15 in this subsection referred to as the ‘Fund’) for any fiscal 

16 year after fiscal year 2011— 

17 (1) not more than 25 percent of such amounts 

18 may be obligated or expended until such time as the 

19 Secretary of Defense, with the concurrence of the 

20 Secretary of State— 

21 (A) submits to the appropriate congres22 sional committees a report on the strategy to 

23 utilize the Fund and the metrics used to deter24 mine progress with respect to the Fund; and 
155 

•HR 2219 RS

1 (B) notifies the appropriate congressional 

2 committees of the intent of the Secretary to ob3 ligate or expend amounts that are in excess of 

4 such 25 percent and a period of 30 days has 

5 elapsed following such notification. 

6 (2) Notwithstanding any other provision of law, 

7 none of the amounts described in the matter pre8 ceding paragraph (1) shall be available for re9 programming. 

10 (3) Such report shall include, at a minimum, 

11 the following: 

12 (A) A discussion of United States strategic 

13 objectives in Pakistan. 

14 (B) A listing of the terrorist or extremist 

15 organizations in Pakistan opposing United 

16 States goals in the region and against which 

17 the United States encourages Pakistan to take 

18 action. 

19 (C) A discussion of the gaps in capabilities 

20 of Pakistani security units that hamper the 

21 ability of the Government of Pakistan to take 

22 action against the organizations listed in sub23 paragraph (B). 
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•HR 2219 RS

1 (D) A discussion of how assistance pro2 vided utilizing the Fund will address the gaps 

3 in capabilities listed in subparagraph (C). 

4 (E) A discussion of other efforts under5 taken by other United States Government de6 partments and agencies to address the gaps in 

7 capabilities listed in subparagraph (C) or com8 plementary activities of the Department of De9 fense and how those efforts are coordinated 

10 with the activities undertaken to utilize the 

11 Fund. 

12 (F) Metrics that will be used to track 

13 progress in achieving the United States stra14 tegic objectives in Pakistan, to track progress 

15 of the Government of Pakistan in combating 

16 the organizations listed in subparagraph (B), 

17 and to address the gaps in capabilities listed in 

18 subparagraph (C). 

19 SEC. 9016. (a) Not to exceed $176,575,000 from 

20 amounts made available to the Department of Defense in 

21 this Act or any other Act for fiscal year 2012 may be obli22 gated for information operations or military information 

23 support operations: Provided, That such amount is to be 

24 derived from the amounts provided in title IX of this Act 

25 for the following accounts in this title as follows: 
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•HR 2219 RS

1 ‘‘Operations and Maintenance, Army’’, 

2 $104,675,000. 

3 ‘‘Operations and Maintenance, Navy’’, 

4 $1,200,000. 

5 ‘‘Operations and Maintenance, Air Force’’, 

6 $20,400,000. 

7 ‘‘Operations and Maintenance, Defense Wide’’, 

8 $50,300,000. 

9 (b) Such amounts are to be allocated only in accord10 ance with the direction and for the purposes specified in 

11 the classified annex accompanying this Act. 

12 (RESCISSIONS)

13 SEC. 9017. Of the funds appropriated in Department 

14 of Defense Appropriations Acts, the following funds are 

15 hereby rescinded from the following account in the speci16 fied amount: 

17 ‘‘Mine Resistant Ambush Protection Vehicle Fund’’, 

18 2011/2013, $595,000,000. 

19 TITLE X—ADDITIONAL GENERAL PROVISIONS 

20 SPENDING REDUCTION ACCOUNT

21 SEC. 10001. The amount by which the applicable al22 location of new budget authority made by the Committee 

23 on Appropriations of the House of Representatives under 

24 section 302(b) of the Congressional Budget Act of 1974 
158 

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1 exceeds the amount of proposed new budget authority is 

2 $0. 

3 SEC. 10002. The total amount of appropriations 

4 made available by this Act is hereby reduced by 

5 $124,800,000. 

6 SEC. 10003. None of the funds made available by this 

7 Act may be used by the Department of Defense to furnish 

8 military equipment, military training or advice, or other 

9 support for military activities, to any group or individual, 

10 not part of a country’s armed forces, for the purpose of 

11 assisting that group or individual in carrying out military 

12 activities in or against Libya. 

13 SEC. 10004. None of the funds made available by this 

14 Act may be used in contravention of section 2533a of title 

15 10, United States Code (popularly known as the ‘‘Berry 

16 Amendment’’). 

17 SEC. 10005. None of the funds made available by this 

18 Act may be used to enter into a contract, memorandum 

19 of understanding, or cooperative agreement with, or pro20 vide a loan or loan guarantee to, any United States com21 mercial air carrier if that contract, memorandum of un22 derstanding, cooperative agreement, loan, or loan guar23 antee allows the air carrier to charge baggage fees to any 

24 member of the Armed Forces who is traveling on official 
159 

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1 military orders and is being deployed overseas or is return2 ing from an overseas deployment. 

3 SEC. 10006. None of the funds made available by this 

4 Act may be used in contravention of section 1590 or 1591 

5 of title 18, United States Code, or in contravention of the 

6 requirements of section 106(g) or (h) of the Trafficking 

7 Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 

8 (h)). 

9 SEC. 10007. None of the funds in this Act may be 

10 used to procure air transportation from a commercial air 

11 carrier for a member of the Armed Forces who is traveling 

12 under orders to deploy to or return from an overseas con13 tingency operation under terms that allow the carrier to 

14 charge the member fees for checked baggage other than 

15 for bags weighing more than 80 pounds or bags in excess 

16 of 4 per individual. 

17 SEC. 10008. None of the funds made available by this 

18 Act may be used by the Department of Defense to lease 

19 or purchase new light duty vehicles, for any executive fleet, 

20 or for an agency’s fleet inventory, except in accordance 

21 with Presidential Memorandum-Federal Fleet Perform22 ance, dated May 24, 2011. 

23 SEC. 10009. None of the funds made available by this 

24 Act may be used to reduce the number of B–1 aircraft 

25 of the Armed Forces. 
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1 SEC. 10010. None of the funds made available by this 

2 Act may be obligated or expended for assistance to the 

3 following entities: 

4 (1) The Government of Iran. 

5 (2) Hamas. 

6 (3) Hizbullah. 

7 (4) The Muslim Brotherhood. 

8 SEC. 10011. None of the funds made available by this 

9 Act may be used to enforce section 526 of the Energy 

10 Independence and Security Act of 2007 (Public Law 110– 

11 140; 42 U.S.C. 17142). 

12 SEC. 10012. None of the funds made available by this 

13 Act for international military education and training, for14 eign military financing, excess defense articles, assistance 

15 under section 1206 of the National Defense Authorization 

16 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

17 3456), issuance for direct commercial sales of military 

18 equipment, or peacekeeping operations for the countries 

19 of Chad, Yemen, Somalia, Sudan, Democratic Republic of 

20 the Congo, and Burma may be used to support any mili21 tary training or operations that include child soldiers, as 

22 defined by the Child Soldiers Prevention Act of 2008, and 

23 except if such assistance is otherwise permitted under sec24 tion 404 of the Child Soldiers Prevention Act of 2008 

25 (Public Law 110–457; 22 U.S.C. 2370c–1). 
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1 SEC. 10013. None of the funds made available by this 

2 Act may be used in contravention of section 7 of title 1, 

3 United States Code (the Defense of Marriage Act). 

4 SEC. 10014. None of the funds made available by this 

5 Act may be used in contravention of the War Powers Res6 olution (50 U.S.C. 1541 et seq.). 

7 SEC. 10015. None of the funds made available by this 

8 Act may be used to implement any rule, regulation, or ex9 ecutive order regarding the disclosure of political contribu10 tions that takes effect on or after the date of enactment 

11 of this Act. 

12 SEC. 10016. None of the funds made available in this 

13 Act may be used to enforce section 376 of the National 

14 Defense Authorization Act for Fiscal Year 2006 (Public 

15 Law 109–163). 

16 SEC. 10017. None of the funds made available by this 

17 Act may be used for— 

18 (1) deploying members of the Armed Forces on 

19 to the ground of Libya for the purposes of engaging 

20 in military operations unless the purpose of such de21 ployment is limited solely to rescuing members of 

22 the United States Armed Forces; 

23 (2) awarding a contract to a private security 

24 contractor to conduct any activity on the ground of 

25 Libya; or 
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1 (3) otherwise establishing or maintaining any 

2 presence of members of the Armed Forces or private 

3 security contractors on the ground of Libya unless 

4 the purpose of such deployment is limited solely to 

5 rescuing members of the United States Armed 

6 Forces. 

7 SEC. 10018. None of the funds made available by this 

8 Act may be used to research, develop, manufacture, or 

9 procure a newly designed flight suit or integrated aircrew 

10 ensemble. 

11 SEC. 10019. None of the funds made available by this 

12 Act may be used to enter into a contract that allows the 

13 contractor to use amounts paid to the contractor under 

14 such contract to pay a tax to the Afghan Ministry of Fi15 nance. 

16 SEC. 10020. None of the funds made available by this 

17 Act may be used to implement the curriculum of the Chap18 lain Corps Tier 1 DADT repeal training dated April 11, 

19 2011. 

20 This Act may be cited as the ‘‘Department of Defense 

21 Appropriations Act, 2012’’. 

22 That the following sums are appropriated, out of any 

23 money in the Treasury not otherwise appropriated, for 

24 military functions administered by the Department of De25 fense and for other purposes, namely: 
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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of station 

6 travel (including all expenses thereof for organizational 

7 movements), and expenses of temporary duty travel between 

8 permanent duty stations, for members of the Army on active 

9 duty, (except members of reserve components provided for 

10 elsewhere), cadets, and aviation cadets; for members of the 

11 Reserve Officers’ Training Corps; and for payments pursu12 ant to section 156 of Public Law 97–377, as amended (42 

13 U.S.C. 402 note), and to the Department of Defense Mili14 tary Retirement Fund, $43,291,009,000. 

15 MILITARY PERSONNEL, NAVY

16 For pay, allowances, individual clothing, subsistence, 

17 interest on deposits, gratuities, permanent change of station 

18 travel (including all expenses thereof for organizational 

19 movements), and expenses of temporary duty travel between 

20 permanent duty stations, for members of the Navy on active 

21 duty (except members of the Reserve provided for elsewhere), 

22 midshipmen, and aviation cadets; for members of the Re23 serve Officers’ Training Corps; and for payments pursuant 

24 to section 156 of Public Law 97–377, as amended (42 
164 

•HR 2219 RS

1 U.S.C. 402 note), and to the Department of Defense Mili2 tary Retirement Fund, $26,801,134,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of station 

6 travel (including all expenses thereof for organizational 

7 movements), and expenses of temporary duty travel between 

8 permanent duty stations, for members of the Marine Corps 

9 on active duty (except members of the Reserve provided for 

10 elsewhere); and for payments pursuant to section 156 of 

11 Public Law 97–377, as amended (42 U.S.C. 402 note), and 

12 to the Department of Defense Military Retirement Fund, 

13 $13,653,366,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

16 interest on deposits, gratuities, permanent change of station 

17 travel (including all expenses thereof for organizational 

18 movements), and expenses of temporary duty travel between 

19 permanent duty stations, for members of the Air Force on 

20 active duty (except members of reserve components provided 

21 for elsewhere), cadets, and aviation cadets; for members of 

22 the Reserve Officers’ Training Corps; and for payments 

23 pursuant to section 156 of Public Law 97–377, as amended 

24 (42 U.S.C. 402 note), and to the Department of Defense 

25 Military Retirement Fund, $28,038,108,000. 
165 

•HR 2219 RS

1 RESERVE PERSONNEL, ARMY

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

3 travel, and related expenses for personnel of the Army Re4 serve on active duty under sections 10211, 10302, and 3038 

5 of title 10, United States Code, or while serving on active 

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

7 in connection with performing duty specified in section 

8 12310(a) of title 10, United States Code, or while under9 going reserve training, or while performing drills or equiva10 lent duty or other duty, and expenses authorized by section 

11 16131 of title 10, United States Code; and for payments 

12 to the Department of Defense Military Retirement Fund, 

13 $4,280,507,000. 

14 RESERVE PERSONNEL, NAVY

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

16 travel, and related expenses for personnel of the Navy Re17 serve on active duty under section 10211 of title 10, United 

18 States Code, or while serving on active duty under section 

19 12301(d) of title 10, United States Code, in connection with 

20 performing duty specified in section 12310(a) of title 10, 

21 United States Code, or while undergoing reserve training, 

22 or while performing drills or equivalent duty, and expenses 

23 authorized by section 16131 of title 10, United States Code; 

24 and for payments to the Department of Defense Military 

25 Retirement Fund, $1,933,544,000. 
166 

•HR 2219 RS

1 RESERVE PERSONNEL, MARINE CORPS

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

3 travel, and related expenses for personnel of the Marine 

4 Corps Reserve on active duty under section 10211 of title 

5 10, United States Code, or while serving on active duty 

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

7 connection with performing duty specified in section 

8 12310(a) of title 10, United States Code, or while under9 going reserve training, or while performing drills or equiva10 lent duty, and for members of the Marine Corps platoon 

11 leaders class, and expenses authorized by section 16131 of 

12 title 10, United States Code; and for payments to the De13 partment of Defense Military Retirement Fund, 

14 $643,422,000. 

15 RESERVE PERSONNEL, AIR FORCE

16 For pay, allowances, clothing, subsistence, gratuities, 

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

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

19 8038 of title 10, United States Code, or while serving on 

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

21 Code, in connection with performing duty specified in sec22 tion 12310(a) of title 10, United States Code, or while un23 dergoing reserve training, or while performing drills or 

24 equivalent duty or other duty, and expenses authorized by 

25 section 16131 of title 10, United States Code; and for pay-
167 

•HR 2219 RS

1 ments to the Department of Defense Military Retirement 

2 Fund, $1,709,695,000. 

3 NATIONAL GUARD PERSONNEL, ARMY

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

5 travel, and related expenses for personnel of the Army Na6 tional Guard while on duty under section 10211, 10302, 

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

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

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

10 in connection with performing duty specified in section 

11 12310(a) of title 10, United States Code, or while under12 going training, or while performing drills or equivalent 

13 duty or other duty, and expenses authorized by section 

14 16131 of title 10, United States Code; and for payments 

15 to the Department of Defense Military Retirement Fund, 

16 $7,562,645,000. 

17 NATIONAL GUARD PERSONNEL, AIR FORCE

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

19 travel, and related expenses for personnel of the Air Na20 tional Guard on duty under section 10211, 10305, or 12402 

21 of title 10 or section 708 of title 32, United States Code, 

22 or while serving on duty under section 12301(d) of title 10 

23 or section 502(f) of title 32, United States Code, in connec24 tion with performing duty specified in section 12310(a) of 

25 title 10, United States Code, or while undergoing training, 
168 

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1 or while performing drills or equivalent duty or other duty, 

2 and expenses authorized by section 16131 of title 10, United 

3 States Code; and for payments to the Department of Defense 

4 Military Retirement Fund, $3,087,129,000. 

5 TITLE II 

6 OPERATION AND MAINTENANCE 

7 OPERATION AND MAINTENANCE, ARMY

8 For expenses, not otherwise provided for, necessary for 

9 the operation and maintenance of the Army, as authorized 

10 by law; and not to exceed $12,478,000 can be used for emer11 gencies and extraordinary expenses, to be expended on the 

12 approval or authority of the Secretary of the Army, and 

13 payments may be made on his certificate of necessity for 

14 confidential military purposes, $29,813,840,000. 

15 OPERATION AND MAINTENANCE, NAVY

16 For expenses, not otherwise provided for, necessary for 

17 the operation and maintenance of the Navy and the Marine 

18 Corps, as authorized by law; and not to exceed $15,055,000 

19 can be used for emergencies and extraordinary expenses, to 

20 be expended on the approval or authority of the Secretary 

21 of the Navy, and payments may be made on his certificate 

22 of necessity for confidential military purposes, 

23 $38,176,209,000. 
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 For expenses, not otherwise provided for, necessary for 

3 the operation and maintenance of the Marine Corps, as au4 thorized by law, $5,545,437,000. 

5 OPERATION AND MAINTENANCE, AIR FORCE

6 For expenses, not otherwise provided for, necessary for 

7 the operation and maintenance of the Air Force, as author8 ized by law; and not to exceed $7,699,000 can be used for 

9 emergencies and extraordinary expenses, to be expended on 

10 the approval or authority of the Secretary of the Air Force, 

11 and payments may be made on his certificate of necessity 

12 for confidential military purposes, $35,252,873,000. 

13 OPERATION AND MAINTENANCE, DEFENSE-WIDE

14 (INCLUDING TRANSFER OF FUNDS)

15 For expenses, not otherwise provided for, necessary for 

16 the operation and maintenance of activities and agencies 

17 of the Department of Defense (other than the military de18 partments), as authorized by law, $30,450,742,000: Pro19 vided, That not more than $47,026,000 may be used for 

20 the Combatant Commander Initiative Fund authorized 

21 under section 166a of title 10, United States Code: Provided 

22 further, That not to exceed $40,000,000 can be used for 

23 emergencies and extraordinary expenses, to be expended on 

24 the approval or authority of the Secretary of Defense, and 

25 payments may be made on his certificate of necessity for 
170 

•HR 2219 RS

1 confidential military purposes: Provided further, That of 

2 the funds provided under this heading, not less than 

3 $34,311,000 shall be made available for the Procurement 

4 Technical Assistance Cooperative Agreement Program, of 

5 which not less than $3,600,000 shall be available for centers 

6 defined in 10 U.S.C. 2411(1)(D): Provided further, That 

7 none of the funds appropriated or otherwise made available 

8 by this Act may be used to plan or implement the consolida9 tion of a budget or appropriations liaison office of the Office 

10 of the Secretary of Defense, the office of the Secretary of 

11 a military department, or the service headquarters of one 

12 of the Armed Forces into a legislative affairs or legislative 

13 liaison office: Provided further, That $8,420,000, to remain 

14 available until expended, is available only for expenses re15 lating to certain classified activities, and may be trans16 ferred as necessary by the Secretary of Defense to operation 

17 and maintenance appropriations or research, development, 

18 test and evaluation appropriations, to be merged with and 

19 to be available for the same time period as the appropria20 tions to which transferred: Provided further, That any ceil21 ing on the investment item unit cost of items that may be 

22 purchased with operation and maintenance funds shall not 

23 apply to the funds described in the preceding proviso: Pro24 vided further, That the transfer authority provided under 
171 

•HR 2219 RS

1 this heading is in addition to any other transfer authority 

2 provided elsewhere in this Act. 

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For expenses, not otherwise provided for, necessary for 

5 the operation and maintenance, including training, organi6 zation, and administration, of the Army Reserve; repair of 

7 facilities and equipment; hire of passenger motor vehicles; 

8 travel and transportation; care of the dead; recruiting; pro9 curement of services, supplies, and equipment; and commu10 nications, $3,092,176,000. 

11 OPERATION AND MAINTENANCE, NAVY RESERVE

12 For expenses, not otherwise provided for, necessary for 

13 the operation and maintenance, including training, organi14 zation, and administration, of the Navy Reserve; repair of 

15 facilities and equipment; hire of passenger motor vehicles; 

16 travel and transportation; care of the dead; recruiting; pro17 curement of services, supplies, and equipment; and commu18 nications, $1,305,134,000. 

19 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

20 For expenses, not otherwise provided for, necessary for 

21 the operation and maintenance, including training, organi22 zation, and administration, of the Marine Corps Reserve; 

23 repair of facilities and equipment; hire of passenger motor 

24 vehicles; travel and transportation; care of the dead; recruit-
172 

•HR 2219 RS

1 ing; procurement of services, supplies, and equipment; and 

2 communications, $271,443,000. 

3 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

4 For expenses, not otherwise provided for, necessary for 

5 the operation and maintenance, including training, organi6 zation, and administration, of the Air Force Reserve; repair 

7 of facilities and equipment; hire of passenger motor vehicles; 

8 travel and transportation; care of the dead; recruiting; pro9 curement of services, supplies, and equipment; and commu10 nications, $3,274,359,000. 

11 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

12 For expenses of training, organizing, and admin13 istering the Army National Guard, including medical and 

14 hospital treatment and related expenses in non-Federal hos15 pitals; maintenance, operation, and repairs to structures 

16 and facilities; hire of passenger motor vehicles; personnel 

17 services in the National Guard Bureau; travel expenses 

18 (other than mileage), as authorized by law for Army per19 sonnel on active duty, for Army National Guard division, 

20 regimental, and battalion commanders while inspecting 

21 units in compliance with National Guard Bureau regula22 tions when specifically authorized by the Chief, National 

23 Guard Bureau; supplying and equipping the Army Na24 tional Guard as authorized by law; and expenses of repair, 
173 

•HR 2219 RS

1 modification, maintenance, and issue of supplies and 

2 equipment (including aircraft), $6,949,932,000. 

3 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

4 For expenses of training, organizing, and admin5 istering the Air National Guard, including medical and 

6 hospital treatment and related expenses in non-Federal hos7 pitals; maintenance, operation, and repairs to structures 

8 and facilities; transportation of things, hire of passenger 

9 motor vehicles; supplying and equipping the Air National 

10 Guard, as authorized by law; expenses for repair, modifica11 tion, maintenance, and issue of supplies and equipment, 

12 including those furnished from stocks under the control of 

13 agencies of the Department of Defense; travel expenses (other 

14 than mileage) on the same basis as authorized by law for 

15 Air National Guard personnel on active Federal duty, for 

16 Air National Guard commanders while inspecting units in 

17 compliance with National Guard Bureau regulations when 

18 specifically authorized by the Chief, National Guard Bu19 reau, $6,094,780,000. 

20 UNITED STATES COURT OF APPEALS FOR THE ARMED

21 FORCES

22 For salaries and expenses necessary for the United 

23 States Court of Appeals for the Armed Forces, $13,861,000, 

24 of which not to exceed $5,000 may be used for official rep25 resentation purposes. 
174 

•HR 2219 RS

1 ENVIRONMENTAL RESTORATION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Army, $346,031,000, to re4 main available until transferred: Provided, That the Sec5 retary of the Army shall, upon determining that such funds 

6 are required for environmental restoration, reduction and 

7 recycling of hazardous waste, removal of unsafe buildings 

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

9 purposes, transfer the funds made available by this appro10 priation to other appropriations made available to the De11 partment of the Army, to be merged with and to be available 

12 for the same purposes and for the same time period as the 

13 appropriations to which transferred: Provided further, That 

14 upon a determination that all or part of the funds trans15 ferred from this appropriation are not necessary for the 

16 purposes provided herein, such amounts may be transferred 

17 back to this appropriation: Provided further, That the 

18 transfer authority provided under this heading is in addi19 tion to any other transfer authority provided elsewhere in 

20 this Act. 

21 ENVIRONMENTAL RESTORATION, NAVY

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of the Navy, $308,668,000, to re24 main available until transferred: Provided, That the Sec25 retary of the Navy shall, upon determining that such funds 
175 

•HR 2219 RS

1 are required for environmental restoration, reduction and 

2 recycling of hazardous waste, removal of unsafe buildings 

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

4 purposes, transfer the funds made available by this appro5 priation to other appropriations made available to the De6 partment of the Navy, to be merged with and to be available 

7 for the same purposes and for the same time period as the 

8 appropriations to which transferred: Provided further, That 

9 upon a determination that all or part of the funds trans10 ferred from this appropriation are not necessary for the 

11 purposes provided herein, such amounts may be transferred 

12 back to this appropriation: Provided further, That the 

13 transfer authority provided under this heading is in addi14 tion to any other transfer authority provided elsewhere in 

15 this Act. 

16 ENVIRONMENTAL RESTORATION, AIR FORCE

17 (INCLUDING TRANSFER OF FUNDS)

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

19 to remain available until transferred: Provided, That the 

20 Secretary of the Air Force shall, upon determining that 

21 such funds are required for environmental restoration, re22 duction and recycling of hazardous waste, removal of unsafe 

23 buildings and debris of the Department of the Air Force, 

24 or for similar purposes, transfer the funds made available 

25 by this appropriation to other appropriations made avail-
176 

•HR 2219 RS

1 able to the Department of the Air Force, to be merged with 

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

3 time period as the appropriations to which transferred: 

4 Provided further, That upon a determination that all or 

5 part of the funds transferred from this appropriation are 

6 not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation: 

8 Provided further, That the transfer authority provided 

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

11 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of Defense, $10,716,000, to remain 

14 available until transferred: Provided, That the Secretary of 

15 Defense shall, upon determining that such funds are re16 quired for environmental restoration, reduction and recy17 cling of hazardous waste, removal of unsafe buildings and 

18 debris of the Department of Defense, or for similar purposes, 

19 transfer the funds made available by this appropriation to 

20 other appropriations made available to the Department of 

21 Defense, to be merged with and to be available for the same 

22 purposes and for the same time period as the appropria23 tions to which transferred: Provided further, That upon a 

24 determination that all or part of the funds transferred from 

25 this appropriation are not necessary for the purposes pro-
177 

•HR 2219 RS

1 vided herein, such amounts may be transferred back to this 

2 appropriation: Provided further, That the transfer author3 ity provided under this heading is in addition to any other 

4 transfer authority provided elsewhere in this Act. 

5 ENVIRONMENTAL RESTORATION, FORMERLY USED

6 DEFENSE SITES

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Army, $326,495,000, to re9 main available until transferred: Provided, That the Sec10 retary of the Army shall, upon determining that such funds 

11 are required for environmental restoration, reduction and 

12 recycling of hazardous waste, removal of unsafe buildings 

13 and debris at sites formerly used by the Department of De14 fense, transfer the funds made available by this appropria15 tion to other appropriations made available to the Depart16 ment of the Army, to be merged with and to be available 

17 for the same purposes and for the same time period as the 

18 appropriations to which transferred: Provided further, That 

19 upon a determination that all or part of the funds trans20 ferred from this appropriation are not necessary for the 

21 purposes provided herein, such amounts may be transferred 

22 back to this appropriation: Provided further, That the 

23 transfer authority provided under this heading is in addi24 tion to any other transfer authority provided elsewhere in 

25 this Act. 
178 

•HR 2219 RS

1 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

2 For expenses relating to the Overseas Humanitarian, 

3 Disaster, and Civic Aid programs of the Department of De4 fense (consisting of the programs provided under sections 

5 401, 402, 404, 407, 2557, and 2561 of title 10, United 

6 States Code), $107,662,000, to remain available until Sep7 tember 30, 2013. 

8 COOPERATIVE THREAT REDUCTION ACCOUNT

9 For assistance to the republics of the former Soviet 

10 Union and, with appropriate authorization by the Depart11 ment of Defense and Department of State, to countries out12 side of the former Soviet Union, including assistance pro13 vided by contract or by grants, for facilitating the elimi14 nation and the safe and secure transportation and storage 

15 of nuclear, chemical and other weapons; for establishing 

16 programs to prevent the proliferation of weapons, weapons 

17 components, and weapon-related technology and expertise; 

18 for programs relating to the training and support of defense 

19 and military personnel for demilitarization and protection 

20 of weapons, weapons components and weapons technology 

21 and expertise, and for defense and military contacts, 

22 $508,219,000, to remain available until September 30, 

23 2014: Provided, That of the amounts provided under this 

24 heading, not less than $13,500,000 shall be available only 

25 to support the dismantling and disposal of nuclear sub-
179 

•HR 2219 RS

1 marines, submarine reactor components, and security en2 hancements for transport and storage of nuclear warheads 

3 in the Russian Far East and North. 

4 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

5 DEVELOPMENT FUND

6 For the Department of Defense Acquisition Workforce 

7 Development Fund, $175,501,000. 

8 TITLE III 

9 PROCUREMENT 

10 AIRCRAFT PROCUREMENT, ARMY

11 For construction, procurement, production, modifica12 tion, and modernization of aircraft, equipment, including 

13 ordnance, ground handling equipment, spare parts, and ac14 cessories therefor; specialized equipment and training de15 vices; expansion of public and private plants, including the 

16 land necessary therefor, for the foregoing purposes, and such 

17 lands and interests therein, may be acquired, and construc18 tion prosecuted thereon prior to approval of title; and pro19 curement and installation of equipment, appliances, and 

20 machine tools in public and private plants; reserve plant 

21 and Government and contractor-owned equipment layaway; 

22 and other expenses necessary for the foregoing purposes, 

23 $5,410,334,000, to remain available for obligation until 

24 September 30, 2014. 
180 

•HR 2219 RS

1 MISSILE PROCUREMENT, ARMY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, equipment, including 

4 ordnance, ground handling equipment, spare parts, and ac5 cessories therefor; specialized equipment and training de6 vices; expansion of public and private plants, including the 

7 land necessary therefor, for the foregoing purposes, and such 

8 lands and interests therein, may be acquired, and construc9 tion prosecuted thereon prior to approval of title; and pro10 curement and installation of equipment, appliances, and 

11 machine tools in public and private plants; reserve plant 

12 and Government and contractor-owned equipment layaway; 

13 and other expenses necessary for the foregoing purposes, 

14 $1,461,223,000, to remain available for obligation until 

15 September 30, 2014. 

16 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

17 VEHICLES, ARMY

18 For construction, procurement, production, and modi19 fication of weapons and tracked combat vehicles, equipment, 

20 including ordnance, spare parts, and accessories therefor; 

21 specialized equipment and training devices; expansion of 

22 public and private plants, including the land necessary 

23 therefor, for the foregoing purposes, and such lands and in24 terests therein, may be acquired, and construction pros25 ecuted thereon prior to approval of title; and procurement 
181 

•HR 2219 RS

1 and installation of equipment, appliances, and machine 

2 tools in public and private plants; reserve plant and Gov3 ernment and contractor-owned equipment layaway; and 

4 other expenses necessary for the foregoing purposes, 

5 $1,964,061,000, to remain available for obligation until 

6 September 30, 2014. 

7 PROCUREMENT OF AMMUNITION, ARMY

8 For construction, procurement, production, and modi9 fication of ammunition, and accessories therefor; specialized 

10 equipment and training devices; expansion of public and 

11 private plants, including ammunition facilities, authorized 

12 by section 2854 of title 10, United States Code, and the 

13 land necessary therefor, for the foregoing purposes, and such 

14 lands and interests therein, may be acquired, and construc15 tion prosecuted thereon prior to approval of title; and pro16 curement and installation of equipment, appliances, and 

17 machine tools in public and private plants; reserve plant 

18 and Government and contractor-owned equipment layaway; 

19 and other expenses necessary for the foregoing purposes, 

20 $1,876,724,000, to remain available for obligation until 

21 September 30, 2014. 

22 OTHER PROCUREMENT, ARMY

23 For construction, procurement, production, and modi24 fication of vehicles, including tactical, support, and non25 tracked combat vehicles; the purchase of passenger motor ve-
182 

•HR 2219 RS

1 hicles for replacement only; communications and electronic 

2 equipment; other support equipment; spare parts, ordnance, 

3 and accessories therefor; specialized equipment and training 

4 devices; expansion of public and private plants, including 

5 the land necessary therefor, for the foregoing purposes, and 

6 such lands and interests therein, may be acquired, and con7 struction prosecuted thereon prior to approval of title; and 

8 procurement and installation of equipment, appliances, 

9 and machine tools in public and private plants; reserve 

10 plant and Government and contractor-owned equipment 

11 layaway; and other expenses necessary for the foregoing 

12 purposes, $6,511,961,000, to remain available for obligation 

13 until September 30, 2014. 

14 AIRCRAFT PROCUREMENT, NAVY

15 For construction, procurement, production, modifica16 tion, and modernization of aircraft, equipment, including 

17 ordnance, spare parts, and accessories therefor; specialized 

18 equipment; expansion of public and private plants, includ19 ing the land necessary therefor, and such lands and inter20 ests therein, may be acquired, and construction prosecuted 

21 thereon prior to approval of title; and procurement and in22 stallation of equipment, appliances, and machine tools in 

23 public and private plants; reserve plant and Government 

24 and contractor-owned equipment layaway, 
183 

•HR 2219 RS

1 $17,591,566,000, to remain available for obligation until 

2 September 30, 2014. 

3 WEAPONS PROCUREMENT, NAVY

4 For construction, procurement, production, modifica5 tion, and modernization of missiles, torpedoes, other weap6 ons, and related support equipment including spare parts, 

7 and accessories therefor; expansion of public and private 

8 plants, including the land necessary therefor, and such 

9 lands and interests therein, may be acquired, and construc10 tion prosecuted thereon prior to approval of title; and pro11 curement and installation of equipment, appliances, and 

12 machine tools in public and private plants; reserve plant 

13 and Government and contractor-owned equipment layaway, 

14 $3,281,432,000, to remain available for obligation until 

15 September 30, 2014. 

16 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

17 CORPS

18 For construction, procurement, production, and modi19 fication of ammunition, and accessories therefor; specialized 

20 equipment and training devices; expansion of public and 

21 private plants, including ammunition facilities, authorized 

22 by section 2854 of title 10, United States Code, and the 

23 land necessary therefor, for the foregoing purposes, and such 

24 lands and interests therein, may be acquired, and construc25 tion prosecuted thereon prior to approval of title; and pro-
184 

•HR 2219 RS

1 curement and installation of equipment, appliances, and 

2 machine tools in public and private plants; reserve plant 

3 and Government and contractor-owned equipment layaway; 

4 and other expenses necessary for the foregoing purposes, 

5 $689,751,000, to remain available for obligation until Sep6 tember 30, 2014. 

7 SHIPBUILDING AND CONVERSION, NAVY

8 For expenses necessary for the construction, acquisi9 tion, or conversion of vessels as authorized by law, includ10 ing armor and armament thereof, plant equipment, appli11 ances, and machine tools and installation thereof in public 

12 and private plants; reserve plant and Government and con13 tractor-owned equipment layaway; procurement of critical, 

14 long lead time components and designs for vessels to be con15 structed or converted in the future; and expansion of public 

16 and private plants, including land necessary therefor, and 

17 such lands and interests therein, may be acquired, and con18 struction prosecuted thereon prior to approval of title, as 

19 follows: 

20 Carrier Replacement Program (AP), 

21 $554,798,000; 

22 Virginia Class Submarine, $3,232,215,000; 

23 Virginia Class Submarine (AP), $1,524,761,000; 

24 CVN Refuelings (AP), $529,652,000; 

25 DDG–1000 Program, $453,727,000; 
185 

•HR 2219 RS

1 DDG–51 Destroyer, $1,980,709,000; 

2 DDG–51 Destroyer (AP), $100,723,000; 

3 Littoral Combat Ship, $1,802,093,000; 

4 LPD–17, $1,847,444,000; 

5 LHA–R, $2,018,691,000; 

6 Joint High Speed Vessel, $370,206,000; 

7 Oceanographic Ships, $89,000,000; 

8 Moored Training Ship, $155,200,000; 

9 LCAC Service Life Extension Program, 

10 $84,076,000; 

11 Service Craft, $3,863,000; and 

12 For outfitting, post delivery, conversions, and 

13 first destination transportation, $292,871,000. 

14 Completion of Prior Year Shipbuilding Pro15 grams, $73,992,000. 

16 In all: $15,114,021,000, to remain available for obliga17 tion until September 30, 2016: Provided, That additional 

18 obligations may be incurred after September 30, 2016, for 

19 engineering services, tests, evaluations, and other such budg20 eted work that must be performed in the final stage of ship 

21 construction: Provided further, That none of the funds pro22 vided under this heading for the construction or conversion 

23 of any naval vessel to be constructed in shipyards in the 

24 United States shall be expended in foreign facilities for the 

25 construction of major components of such vessel: Provided 
186 

•HR 2219 RS

1 further, That none of the funds provided under this heading 

2 shall be used for the construction of any naval vessel in 

3 foreign shipyards. 

4 OTHER PROCUREMENT, NAVY

5 For procurement, production, and modernization of 

6 support equipment and materials not otherwise provided 

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

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

9 of passenger motor vehicles for replacement only; expansion 

10 of public and private plants, including the land necessary 

11 therefor, and such lands and interests therein, may be ac12 quired, and construction prosecuted thereon prior to ap13 proval of title; and procurement and installation of equip14 ment, appliances, and machine tools in public and private 

15 plants; reserve plant and Government and contractor-owned 

16 equipment layaway, $6,135,465,000, to remain available 

17 for obligation until September 30, 2014. 

18 PROCUREMENT, MARINE CORPS

19 For expenses necessary for the procurement, manufac20 ture, and modification of missiles, armament, military 

21 equipment, spare parts, and accessories therefor; plant 

22 equipment, appliances, and machine tools, and installation 

23 thereof in public and private plants; reserve plant and Gov24 ernment and contractor-owned equipment layaway; vehicles 

25 for the Marine Corps, including the purchase of passenger 
187 

•HR 2219 RS

1 motor vehicles for replacement only; and expansion of pub2 lic and private plants, including land necessary therefor, 

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

4 construction prosecuted thereon prior to approval of title, 

5 $1,377,570,000, to remain available for obligation until 

6 September 30, 2014. 

7 AIRCRAFT PROCUREMENT, AIR FORCE

8 For construction, procurement, and modification of 

9 aircraft and equipment, including armor and armament, 

10 specialized ground handling equipment, and training de11 vices, spare parts, and accessories therefor; specialized 

12 equipment; expansion of public and private plants, Govern13 ment-owned equipment and installation thereof in such 

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

15 the foregoing purposes, and such lands and interests therein, 

16 may be acquired, and construction prosecuted thereon prior 

17 to approval of title; reserve plant and Government and con18 tractor-owned equipment layaway; and other expenses nec19 essary for the foregoing purposes including rents and trans20 portation of things, $12,174,885,000, to remain available 

21 for obligation until September 30, 2014. 

22 MISSILE PROCUREMENT, AIR FORCE

23 For construction, procurement, and modification of 

24 missiles, spacecraft, rockets, and related equipment, includ25 ing spare parts and accessories therefor, ground handling 
188 

•HR 2219 RS

1 equipment, and training devices; expansion of public and 

2 private plants, Government-owned equipment and installa3 tion thereof in such plants, erection of structures, and ac4 quisition of land, for the foregoing purposes, and such lands 

5 and interests therein, may be acquired, and construction 

6 prosecuted thereon prior to approval of title; reserve plant 

7 and Government and contractor-owned equipment layaway; 

8 and other expenses necessary for the foregoing purposes in9 cluding rents and transportation of things, $5,924,017,000, 

10 to remain available for obligation until September 30, 

11 2014. 

12 PROCUREMENT OF AMMUNITION, AIR FORCE

13 For construction, procurement, production, and modi14 fication of ammunition, and accessories therefor; specialized 

15 equipment and training devices; expansion of public and 

16 private plants, including ammunition facilities, authorized 

17 by section 2854 of title 10, United States Code, and the 

18 land necessary therefor, for the foregoing purposes, and such 

19 lands and interests therein, may be acquired, and construc20 tion prosecuted thereon prior to approval of title; and pro21 curement and installation of equipment, appliances, and 

22 machine tools in public and private plants; reserve plant 

23 and Government and contractor-owned equipment layaway; 

24 and other expenses necessary for the foregoing purposes, 
189 

•HR 2219 RS

1 $485,005,000, to remain available for obligation until Sep2 tember 30, 2014. 

3 OTHER PROCUREMENT, AIR FORCE

4 For procurement and modification of equipment (in5 cluding ground guidance and electronic control equipment, 

6 and ground electronic and communication equipment), and 

7 supplies, materials, and spare parts therefor, not otherwise 

8 provided for; the purchase of passenger motor vehicles for 

9 replacement only; lease of passenger motor vehicles; and ex10 pansion of public and private plants, Government-owned 

11 equipment and installation thereof in such plants, erection 

12 of structures, and acquisition of land, for the foregoing pur13 poses, and such lands and interests therein, may be ac14 quired, and construction prosecuted thereon, prior to ap15 proval of title; reserve plant and Government and con16 tractor-owned equipment layaway, $17,376,695,000, to re17 main available for obligation until September 30, 2014. 

18 PROCUREMENT, DEFENSE-WIDE

19 For expenses of activities and agencies of the Depart20 ment of Defense (other than the military departments) nec21 essary for procurement, production, and modification of 

22 equipment, supplies, materials, and spare parts therefor, 

23 not otherwise provided for; the purchase of passenger motor 

24 vehicles for replacement only; expansion of public and pri25 vate plants, equipment, and installation thereof in such 
190 

•HR 2219 RS

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

2 the foregoing purposes, and such lands and interests therein, 

3 may be acquired, and construction prosecuted thereon prior 

4 to approval of title; reserve plant and Government and con5 tractor-owned equipment layaway, $4,573,608,000, to re6 main available for obligation until September 30, 2014. 

7 DEFENSE PRODUCTION ACT PURCHASES

8 For activities by the Department of Defense pursuant 

9 to sections 108, 301, 302, and 303 of the Defense Production 

10 Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 

11 $169,964,000, to remain available until expended. 

12 TITLE IV 

13 RESEARCH, DEVELOPMENT, TEST AND 

14 EVALUATION 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

16 For expenses necessary for basic and applied scientific 

17 research, development, test and evaluation, including main18 tenance, rehabilitation, lease, and operation of facilities 

19 and equipment, $8,311,011,000, to remain available for ob20 ligation until September 30, 2013. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

22 For expenses necessary for basic and applied scientific 

23 research, development, test and evaluation, including main24 tenance, rehabilitation, lease, and operation of facilities 

25 and equipment, $17,406,689,000, to remain available for 
191 

•HR 2219 RS

1 obligation until September 30, 2013: Provided, That funds 

2 appropriated in this paragraph which are available for the 

3 V–22 may be used to meet unique operational requirements 

4 of the Special Operations Forces: Provided further, That 

5 funds appropriated in this paragraph shall be available for 

6 the Cobra Judy program. 

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

8 FORCE

9 For expenses necessary for basic and applied scientific 

10 research, development, test and evaluation, including main11 tenance, rehabilitation, lease, and operation of facilities 

12 and equipment, $26,007,694,000, to remain available for 

13 obligation until September 30, 2013. 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 DEFENSE-WIDE

16 (INCLUDING TRANSFER OF FUNDS)

17 For expenses of activities and agencies of the Depart18 ment of Defense (other than the military departments), nec19 essary for basic and applied scientific research, develop20 ment, test and evaluation; advanced research projects as 

21 may be designated and determined by the Secretary of De22 fense, pursuant to law; maintenance, rehabilitation, lease, 

23 and operation of facilities and equipment, $19,117,270,000, 

24 to remain available for obligation until September 30, 

25 2013: Provided, That of the funds made available in this 
192 

•HR 2219 RS

1 paragraph, $200,000,000 for the Defense Rapid Innovation 

2 Program shall only be available for expenses, not otherwise 

3 provided for, to include program management and over4 sight, to conduct research, development, test and evaluation 

5 to include proof of concept demonstration; engineering, test6 ing, and validation; and transition to full-scale production: 

7 Provided further, That the Secretary of Defense may trans8 fer funds provided herein for the Defense Rapid Innovation 

9 Program to appropriations for research, development, test 

10 and evaluation to accomplish the purpose provided herein: 

11 Provided further, That this transfer authority is in addi12 tion to any other transfer authority available to the Depart13 ment of Defense: Provided further, That the Secretary of 

14 Defense shall, not fewer than 30 days prior to making 

15 transfers from this appropriation, notify the congressional 

16 defense committees in writing of the details of any such 

17 transfer. 

18 OPERATIONAL TEST AND EVALUATION, DEFENSE

19 For expenses, not otherwise provided for, necessary for 

20 the independent activities of the Director, Operational Test 

21 and Evaluation, in the direction and supervision of oper22 ational test and evaluation, including initial operational 

23 test and evaluation which is conducted prior to, and in sup24 port of, production decisions; joint operational testing and 

25 evaluation; and administrative expenses in connection 
193 

•HR 2219 RS

1 therewith, $191,292,000, to remain available for obligation 

2 until September 30, 2013. 

3 TITLE V 

4 REVOLVING AND MANAGEMENT FUNDS 

5 DEFENSE WORKING CAPITAL FUNDS

6 For the Defense Working Capital Funds, 

7 $1,562,010,000. 

8 NATIONAL DEFENSE SEALIFT FUND

9 For National Defense Sealift Fund programs, projects, 

10 and activities, and for expenses of the National Defense Re11 serve Fleet, as established by section 11 of the Merchant 

12 Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the 

13 necessary expenses to maintain and preserve a U.S.-flag 

14 merchant fleet to serve the national security needs of the 

15 United States, $700,519,000, to remain available until ex16 pended: Provided, That none of the funds provided in this 

17 paragraph shall be used to award a new contract that pro18 vides for the acquisition of any of the following major com19 ponents unless such components are manufactured in the 

20 United States: auxiliary equipment, including pumps, for 

21 all shipboard services; propulsion system components (en22 gines, reduction gears, and propellers); shipboard cranes; 

23 and spreaders for shipboard cranes: Provided further, That 

24 the exercise of an option in a contract awarded through the 

25 obligation of previously appropriated funds shall not be 
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1 considered to be the award of a new contract: Provided fur2 ther, That the Secretary of the military department respon3 sible for such procurement may waive the restrictions in 

4 the first proviso on a case-by-case basis by certifying in 

5 writing to the Committees on Appropriations of the House 

6 of Representatives and the Senate that adequate domestic 

7 supplies are not available to meet Department of Defense 

8 requirements on a timely basis and that such an acquisition 

9 must be made in order to acquire capability for national 

10 security purposes. 

11 TITLE VI 

12 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

13 DEFENSE HEALTH PROGRAM

14 For expenses, not otherwise provided for, for medical 

15 and health care programs of the Department of Defense as 

16 authorized by law, $32,536,070,000; of which 

17 $30,885,846,000 shall be for operation and maintenance, of 

18 which not to exceed 1 percent shall remain available until 

19 September 30, 2013, and of which up to $16,842,141,000 

20 may be available for contracts entered into under the 

21 TRICARE program; of which $632,518,000, to remain 

22 available for obligation until September 30, 2014, shall be 

23 for procurement; and of which $1,017,706,000, to remain 

24 available for obligation until September 30, 2013, shall be 

25 for research, development, test and evaluation. 
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1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

2 DEFENSE

3 For expenses, not otherwise provided for, necessary for 

4 the destruction of the United States stockpile of lethal chem5 ical agents and munitions, to include construction of facili6 ties, in accordance with the provisions of section 1412 of 

7 the Department of Defense Authorization Act, 1986 (50 

8 U.S.C. 1521), and for the destruction of other chemical war9 fare materials that are not in the chemical weapon stock10 pile, $1,554,422,000, of which $1,147,691,000 shall be for 

11 operation and maintenance, of which no less than 

12 $71,211,000, shall be for the Chemical Stockpile Emergency 

13 Preparedness Program, consisting of $19,211,000 for activi14 ties on military installations and $52,000,000, to remain 

15 available until September 30, 2013, to assist State and local 

16 governments and $406,731,000, to remain available until 

17 September 30, 2013, shall be for research, development, test 

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

19 Assembled Chemical Weapons Alternatives (ACWA) pro20 gram. 

21 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

22 DEFENSE

23 (INCLUDING TRANSFER OF FUNDS)

24 For drug interdiction and counter-drug activities of 

25 the Department of Defense, for transfer to appropriations 
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1 available to the Department of Defense for military per2 sonnel of the reserve components serving under the provi3 sions of title 10 and title 32, United States Code; for oper4 ation and maintenance; for procurement; and for research, 

5 development, test and evaluation, $1,205,072,000: Provided, 

6 That the funds appropriated under this heading shall be 

7 available for obligation for the same time period and for 

8 the same purpose as the appropriation to which transferred: 

9 Provided further, That upon a determination that all or 

10 part of the funds transferred from this appropriation are 

11 not necessary for the purposes provided herein, such 

12 amounts may be transferred back to this appropriation: 

13 Provided further, That the transfer authority provided 

14 under this heading is in addition to any other transfer au15 thority contained elsewhere in this Act. 

16 OFFICE OF THE INSPECTOR GENERAL

17 For expenses and activities of the Office of the Inspec18 tor General in carrying out the provisions of the Inspector 

19 General Act of 1978, as amended, $332,919,000, of which 

20 $327,419,000 shall be for operation and maintenance, of 

21 which not to exceed $700,000 is available for emergencies 

22 and extraordinary expenses to be expended on the approval 

23 or authority of the Inspector General, and payments may 

24 be made on the Inspector General’s certificate of necessity 

25 for confidential military purposes; of which $1,000,000, to 
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1 remain available until September 30, 2014, shall be for pro2 curement; and of which $4,500,000, to remain available 

3 until September 30, 2013, shall be for research, develop4 ment, testing, and evaluation. 

5 TITLE VII 

6 RELATED AGENCIES 

7 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

8 DISABILITY SYSTEM FUND

9 For payment to the Central Intelligence Agency Retire10 ment and Disability System Fund, to maintain the proper 

11 funding level for continuing the operation of the Central 

12 Intelligence Agency Retirement and Disability System, 

13 $513,700,000. 

14 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

15 For necessary expenses of the Intelligence Community 

16 Management Account, $593,713,000. 

17 TITLE VIII 

18 GENERAL PROVISIONS 

19 SEC. 8001. No part of any appropriation contained 

20 in this Act shall be used for publicity or propaganda pur21 poses not authorized by the Congress. 

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

23 of law prohibiting the payment of compensation to, or em24 ployment of, any person not a citizen of the United States 

25 shall not apply to personnel of the Department of Defense: 
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1 Provided, That salary increases granted to direct and indi2 rect hire foreign national employees of the Department of 

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

4 of the percentage increase authorized by law for civilian 

5 employees of the Department of Defense whose pay is com6 puted under the provisions of section 5332 of title 5, United 

7 States Code, or at a rate in excess of the percentage increase 

8 provided by the appropriate host nation to its own employ9 ees, whichever is higher: Provided further, That this section 

10 shall not apply to Department of Defense foreign service 

11 national employees serving at United States diplomatic 

12 missions whose pay is set by the Department of State under 

13 the Foreign Service Act of 1980: Provided further, That the 

14 limitations of this provision shall not apply to foreign na15 tional employees of the Department of Defense in the Re16 public of Turkey. 

17 SEC. 8003. No part of any appropriation contained 

18 in this Act shall remain available for obligation beyond the 

19 current fiscal year, unless expressly so provided herein. 

20 SEC. 8004. No more than 20 percent of the appropria21 tions in this Act which are limited for obligation during 

22 the current fiscal year shall be obligated during the last 2 

23 months of the fiscal year: Provided, That this section shall 

24 not apply to obligations for support of active duty training 
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1 of reserve components or summer camp training of the Re2 serve Officers’ Training Corps. 

3 (TRANSFER OF FUNDS)

4 SEC. 8005. Upon determination by the Secretary of 

5 Defense that such action is necessary in the national inter6 est, he may, with the approval of the Office of Management 

7 and Budget, transfer not to exceed $3,000,000,000 of work8 ing capital funds of the Department of Defense or funds 

9 made available in this Act to the Department of Defense 

10 for military functions (except military construction) be11 tween such appropriations or funds or any subdivision 

12 thereof, to be merged with and to be available for the same 

13 purposes, and for the same time period, as the appropria14 tion or fund to which transferred: Provided, That such au15 thority to transfer may not be used unless for higher pri16 ority items, based on unforeseen military requirements, 

17 than those for which originally appropriated and in no case 

18 where the item for which funds are requested has been de19 nied by the Congress: Provided further, That the Secretary 

20 of Defense shall notify the Congress promptly of all transfers 

21 made pursuant to this authority or any other authority in 

22 this Act: Provided further, That no part of the funds in 

23 this Act shall be available to prepare or present a request 

24 to the Committees on Appropriations for reprogramming 

25 of funds, unless for higher priority items, based on unfore-
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1 seen military requirements, than those for which originally 

2 appropriated and in no case where the item for which re3 programming is requested has been denied by the Congress: 

4 Provided further, That a request for multiple 

5 reprogrammings of funds using authority provided in this 

6 section shall be made prior to June 30, 2012: Provided fur7 ther, That transfers among military personnel appropria8 tions shall not be taken into account for purposes of the 

9 limitation on the amount of funds that may be transferred 

10 under this section. 

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

13 adjustments to budget activities corresponding to such pro14 grams, projects, and activities) contained in the tables titled 

15 ‘‘Explanation of Project Level Adjustments’’ in the explana16 tory statement regarding this Act, the obligation and ex17 penditure of amounts appropriated or otherwise made 

18 available in this Act for those programs, projects, and ac19 tivities for which the amounts appropriated exceed the 

20 amounts requested are hereby required by law to be carried 

21 out in the manner provided by such tables to the same ex22 tent as if the tables were included in the text of this Act. 

23 (b) Amounts specified in the referenced tables described 

24 in subsection (a) shall not be treated as subdivisions of ap25 propriations for purposes of section 8005 of this Act: Pro-
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1 vided, That section 8005 shall apply when transfers of the 

2 amounts described in subsection (a) occur between appro3 priation accounts. 

4 SEC. 8007. (a) Not later than 60 days after enactment 

5 of this Act, the Department of Defense shall submit a report 

6 to the congressional defense committees to establish the base7 line for application of reprogramming and transfer au8 thorities for fiscal year 2012: Provided, That the report 

9 shall include— 

10 (1) a table for each appropriation with a sepa11 rate column to display the President’s budget request, 

12 adjustments made by Congress, adjustments due to 

13 enacted rescissions, if appropriate, and the fiscal year 

14 enacted level; 

15 (2) a delineation in the table for each appropria16 tion both by budget activity and program, project, 

17 and activity as detailed in the Budget Appendix; and 

18 (3) an identification of items of special congres19 sional interest. 

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

21 the funds provided in this Act shall be available for re22 programming or transfer until the report identified in sub23 section (a) is submitted to the congressional defense commit24 tees, unless the Secretary of Defense certifies in writing to 
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•HR 2219 RS

1 the congressional defense committees that such reprogram2 ming or transfer is necessary as an emergency requirement. 

3 (TRANSFER OF FUNDS)

4 SEC. 8008. During the current fiscal year, cash bal5 ances in working capital funds of the Department of De6 fense established pursuant to section 2208 of title 10, United 

7 States Code, may be maintained in only such amounts as 

8 are necessary at any time for cash disbursements to be made 

9 from such funds: Provided, That transfers may be made be10 tween such funds: Provided further, That transfers may be 

11 made between working capital funds and the ‘‘Foreign Cur12 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper13 ation and Maintenance’’ appropriation accounts in such 

14 amounts as may be determined by the Secretary of Defense, 

15 with the approval of the Office of Management and Budget, 

16 except that such transfers may not be made unless the Sec17 retary of Defense has notified the Congress of the proposed 

18 transfer. Except in amounts equal to the amounts appro19 priated to working capital funds in this Act, no obligations 

20 may be made against a working capital fund to procure 

21 or increase the value of war reserve material inventory, un22 less the Secretary of Defense has notified the Congress prior 

23 to any such obligation. 

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

25 be used to initiate a special access program without prior 
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1 notification 30 calendar days in advance to the congres2 sional defense committees. 

3 SEC. 8010. None of the funds provided in this Act shall 

4 be available to initiate: (1) a multiyear contract that em5 ploys economic order quantity procurement in excess of 

6 $20,000,000 in any one year of the contract or that includes 

7 an unfunded contingent liability in excess of $20,000,000; 

8 or (2) a contract for advance procurement leading to a 

9 multiyear contract that employs economic order quantity 

10 procurement in excess of $20,000,000 in any one year, un11 less the congressional defense committees have been notified 

12 at least 30 days in advance of the proposed contract award: 

13 Provided, That no part of any appropriation contained in 

14 this Act shall be available to initiate a multiyear contract 

15 for which the economic order quantity advance procurement 

16 is not funded at least to the limits of the Government’s li17 ability: Provided further, That no part of any appropria18 tion contained in this Act shall be available to initiate 

19 multiyear procurement contracts for any systems or compo20 nent thereof if the value of the multiyear contract would 

21 exceed $500,000,000 unless specifically provided in this Act: 

22 Provided further, That no multiyear procurement contract 

23 can be terminated without 10-day prior notification to the 

24 congressional defense committees: Provided further, That the 

25 execution of multiyear authority shall require the use of a 
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1 present value analysis to determine lowest cost compared 

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

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

4 contract executed after the date of the enactment of this Act 

5 unless in the case of any such contract— 

6 (1) the Secretary of Defense has submitted to 

7 Congress a budget request for full funding of units to 

8 be procured through the contract and, in the case of 

9 a contract for procurement of aircraft, that includes, 

10 for any aircraft unit to be procured through the con11 tract for which procurement funds are requested in 

12 that budget request for production beyond advance 

13 procurement activities in the fiscal year covered by 

14 the budget, full funding of procurement of such unit 

15 in that fiscal year; 

16 (2) cancellation provisions in the contract do not 

17 include consideration of recurring manufacturing 

18 costs of the contractor associated with the production 

19 of unfunded units to be delivered under the contract; 

20 (3) the contract provides that payments to the 

21 contractor under the contract shall not be made in 

22 advance of incurred costs on funded units; and 

23 (4) the contract does not provide for a price ad24 justment based on a failure to award a follow-on con25 tract. 
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1 Funds appropriated in title III of this Act may be 

2 used for a multiyear procurement contract as follows: 

3 UH–60M/HH–60M and MH–60R/MH–60S Heli4 copter Airframes; and MH–60R/S Mission Avionics and 

5 Common Cockpits. 

6 SEC. 8011. Within the funds appropriated for the oper7 ation and maintenance of the Armed Forces, funds are here8 by appropriated pursuant to section 401 of title 10, United 

9 States Code, for humanitarian and civic assistance costs 

10 under chapter 20 of title 10, United States Code. Such funds 

11 may also be obligated for humanitarian and civic assist12 ance costs incidental to authorized operations and pursuant 

13 to authority granted in section 401 of chapter 20 of title 

14 10, United States Code, and these obligations shall be re15 ported as required by section 401(d) of title 10, United 

16 States Code: Provided, That funds available for operation 

17 and maintenance shall be available for providing humani18 tarian and similar assistance by using Civic Action Teams 

19 in the Trust Territories of the Pacific Islands and freely 

20 associated states of Micronesia, pursuant to the Compact 

21 of Free Association as authorized by Public Law 99–239: 

22 Provided further, That upon a determination by the Sec23 retary of the Army that such action is beneficial for grad24 uate medical education programs conducted at Army med25 ical facilities located in Hawaii, the Secretary of the Army 
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•HR 2219 RS

1 may authorize the provision of medical services at such fa2 cilities and transportation to such facilities, on a nonreim3 bursable basis, for civilian patients from American Samoa, 

4 the Commonwealth of the Northern Mariana Islands, the 

5 Marshall Islands, the Federated States of Micronesia, 

6 Palau, and Guam. 

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

8 personnel of the Department of Defense may not be man9 aged on the basis of any end-strength, and the management 

10 of such personnel during that fiscal year shall not be subject 

11 to any constraint or limitation (known as an end-strength) 

12 on the number of such personnel who may be employed on 

13 the last day of such fiscal year. 

14 (b) The fiscal year 2013 budget request for the Depart15 ment of Defense as well as all justification material and 

16 other documentation supporting the fiscal year 2013 De17 partment of Defense budget request shall be prepared and 

18 submitted to the Congress as if subsections (a) and (b) of 

19 this provision were effective with regard to fiscal year 2013. 

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

21 to military (civilian) technicians. 

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

23 Act shall be used in any way, directly or indirectly, to in24 fluence congressional action on any legislation or appro25 priation matters pending before the Congress. 
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1 SEC. 8014. None of the funds appropriated by this Act 

2 shall be available for the basic pay and allowances of any 

3 member of the Army participating as a full-time student 

4 and receiving benefits paid by the Secretary of Veterans Af5 fairs from the Department of Defense Education Benefits 

6 Fund when time spent as a full-time student is credited 

7 toward completion of a service commitment: Provided, That 

8 this section shall not apply to those members who have reen9 listed with this option prior to October 1, 1987: Provided 

10 further, That this section applies only to active components 

11 of the Army. 

12 (TRANSFER OF FUNDS)

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

14 for the Department of Defense Pilot Mentor-Protege Pro15 gram may be transferred to any other appropriation con16 tained in this Act solely for the purpose of implementing 

17 a Mentor-Protege Program developmental assistance agree18 ment pursuant to section 831 of the National Defense Au19 thorization Act for Fiscal Year 1991 (Public Law 101–510; 

20 10 U.S.C. 2302 note), as amended, under the authority of 

21 this provision or any other transfer authority contained in 

22 this Act. 

23 SEC. 8016. None of the funds in this Act may be avail24 able for the purchase by the Department of Defense (and 

25 its departments and agencies) of welded shipboard anchor 
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1 and mooring chain 4 inches in diameter and under unless 

2 the anchor and mooring chain are manufactured in the 

3 United States from components which are substantially 

4 manufactured in the United States: Provided, That for the 

5 purpose of this section, the term ‘‘manufactured’’ shall in6 clude cutting, heat treating, quality control, testing of chain 

7 and welding (including the forging and shot blasting proc8 ess): Provided further, That for the purpose of this section 

9 substantially all of the components of anchor and mooring 

10 chain shall be considered to be produced or manufactured 

11 in the United States if the aggregate cost of the components 

12 produced or manufactured in the United States exceeds the 

13 aggregate cost of the components produced or manufactured 

14 outside the United States: Provided further, That when ade15 quate domestic supplies are not available to meet Depart16 ment of Defense requirements on a timely basis, the Sec17 retary of the service responsible for the procurement may 

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

19 in writing to the Committees on Appropriations that such 

20 an acquisition must be made in order to acquire capability 

21 for national security purposes. 

22 SEC. 8017. None of the funds available to the Depart23 ment of Defense may be used to demilitarize or dispose of 

24 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 

25 rifles, .30 caliber rifles, or M–1911 pistols, or to demili-
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1 tarize or destroy small arms ammunition or ammunition 

2 components that are not otherwise prohibited from commer3 cial sale under Federal law, unless the small arms ammuni4 tion or ammunition components are certified by the Sec5 retary of the Army or designee as unserviceable or unsafe 

6 for further use. 

7 SEC. 8018. No more than $500,000 of the funds appro8 priated or made available in this Act shall be used during 

9 a single fiscal year for any single relocation of an organiza10 tion, unit, activity or function of the Department of Defense 

11 into or within the National Capital Region: Provided, That 

12 the Secretary of Defense may waive this restriction on a 

13 case-by-case basis by certifying in writing to the congres14 sional defense committees that such a relocation is required 

15 in the best interest of the Government. 

16 SEC. 8019. In addition to the funds provided elsewhere 

17 in this Act, $15,000,000 is appropriated only for incentive 

18 payments authorized by section 504 of the Indian Financ19 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime 

20 contractor or a subcontractor at any tier that makes a sub21 contract award to any subcontractor or supplier as defined 

22 in section 1544 of title 25, United States Code, or a small 

23 business owned and controlled by an individual or individ24 uals defined under section 4221(9) of title 25, United States 

25 Code, shall be considered a contractor for the purposes of 
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•HR 2219 RS

1 being allowed additional compensation under section 504 

2 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 

3 whenever the prime contract or subcontract amount is over 

4 $500,000 and involves the expenditure of funds appro5 priated by an Act making Appropriations for the Depart6 ment of Defense with respect to any fiscal year: Provided 

7 further, That notwithstanding section 430 of title 41, 

8 United States Code, this section shall be applicable to any 

9 Department of Defense acquisition of supplies or services, 

10 including any contract and any subcontract at any tier for 

11 acquisition of commercial items produced or manufactured, 

12 in whole or in part, by any subcontractor or supplier de13 fined in section 1544 of title 25, United States Code, or 

14 a small business owned and controlled by an individual or 

15 individuals defined under section 4221(9) of title 25, 

16 United States Code. 

17 SEC. 8020. Funds appropriated by this Act for the De18 fense Media Activity shall not be used for any national or 

19 international political or psychological activities. 

20 SEC. 8021. During the current fiscal year, the Depart21 ment of Defense is authorized to incur obligations of not 

22 to exceed $350,000,000 for purposes specified in section 

23 2350j(c) of title 10, United States Code, in anticipation of 

24 receipt of contributions, only from the Government of Ku25 wait, under that section: Provided, That upon receipt, such 
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1 contributions from the Government of Kuwait shall be cred2 ited to the appropriations or fund which incurred such obli3 gations. 

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

5 Act, not less than $37,745,000 shall be available for the 

6 Civil Air Patrol Corporation, of which— 

7 (1) $27,838,000 shall be available from ‘‘Oper8 ation and Maintenance, Air Force’’ to support Civil 

9 Air Patrol Corporation operation and maintenance, 

10 readiness, counterdrug activities, and drug demand 

11 reduction activities involving youth programs; 

12 (2) $8,990,000 shall be available from ‘‘Aircraft 

13 Procurement, Air Force’’; and 

14 (3) $917,000 shall be available from ‘‘Other Pro15 curement, Air Force’’ for vehicle procurement. 

16 (b) The Secretary of the Air Force should waive reim17 bursement for any funds used by the Civil Air Patrol for 

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

19 local government agencies. 

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

21 Act are available to establish a new Department of Defense 

22 (department) federally funded research and development 

23 center (FFRDC), either as a new entity, or as a separate 

24 entity administrated by an organization managing another 

25 FFRDC, or as a nonprofit membership corporation con-
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1 sisting of a consortium of other FFRDCs and other non2 profit entities. 

3 (b) No member of a Board of Directors, Trustees, Over4 seers, Advisory Group, Special Issues Panel, Visiting Com5 mittee, or any similar entity of a defense FFRDC, and no 

6 paid consultant to any defense FFRDC, except when acting 

7 in a technical advisory capacity, may be compensated for 

8 his or her services as a member of such entity, or as a paid 

9 consultant by more than one FFRDC in a fiscal year: Pro10 vided, That a member of any such entity referred to pre11 viously in this subsection shall be allowed travel expenses 

12 and per diem as authorized under the Federal Joint Travel 

13 Regulations, when engaged in the performance of member14 ship duties. 

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

16 of the funds available to the department from any source 

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

18 through a fee or other payment mechanism, for construction 

19 of new buildings, for payment of cost sharing for projects 

20 funded by Government grants, for absorption of contract 

21 overruns, or for certain charitable contributions, not to in22 clude employee participation in community service and/or 

23 development. 

24 (d) Notwithstanding any other provision of law, of the 

25 funds available to the department during fiscal year 2012, 
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•HR 2219 RS

1 not more than 5,750 staff years of technical effort (staff 

2 years) may be funded for defense FFRDCs: Provided, That 

3 of the specific amount referred to previously in this sub4 section, not more than 1,125 staff years may be funded for 

5 the defense studies and analysis FFRDCs: Provided further, 

6 That this subsection shall not apply to staff years funded 

7 in the National Intelligence Program (NIP) and the Mili8 tary Intelligence Program (MIP). 

9 (e) The Secretary of Defense shall, with the submission 

10 of the department’s fiscal year 2013 budget request, submit 

11 a report presenting the specific amounts of staff years of 

12 technical effort to be allocated for each defense FFRDC dur13 ing that fiscal year and the associated budget estimates. 

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

15 the total amount appropriated in this Act for FFRDCs is 

16 hereby reduced by $150,245,000. 

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

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

19 or armor steel plate for use in any Government-owned facil20 ity or property under the control of the Department of De21 fense which were not melted and rolled in the United States 

22 or Canada: Provided, That these procurement restrictions 

23 shall apply to any and all Federal Supply Class 9515, 

24 American Society of Testing and Materials (ASTM) or 

25 American Iron and Steel Institute (AISI) specifications of 
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•HR 2219 RS

1 carbon, alloy or armor steel plate: Provided further, That 

2 the Secretary of the military department responsible for the 

3 procurement may waive this restriction on a case-by-case 

4 basis by certifying in writing to the Committees on Appro5 priations of the House of Representatives and the Senate 

6 that adequate domestic supplies are not available to meet 

7 Department of Defense requirements on a timely basis and 

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

9 capability for national security purposes: Provided further, 

10 That these restrictions shall not apply to contracts which 

11 are in being as of the date of the enactment of this Act. 

12 SEC. 8025. For the purposes of this Act, the term ‘‘con13 gressional defense committees’’ means the Armed Services 

14 Committee of the House of Representatives, the Armed Serv15 ices Committee of the Senate, the Subcommittee on Defense 

16 of the Committee on Appropriations of the Senate, and the 

17 Subcommittee on Defense of the Committee on Appropria18 tions of the House of Representatives. 

19 SEC. 8026. During the current fiscal year, the Depart20 ment of Defense may acquire the modification, depot main21 tenance and repair of aircraft, vehicles and vessels as well 

22 as the production of components and other Defense-related 

23 articles, through competition between Department of De24 fense depot maintenance activities and private firms: Pro25 vided, That the Senior Acquisition Executive of the military 
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1 department or Defense Agency concerned, with power of del2 egation, shall certify that successful bids include comparable 

3 estimates of all direct and indirect costs for both public and 

4 private bids: Provided further, That Office of Management 

5 and Budget Circular A–76 shall not apply to competitions 

6 conducted under this section. 

7 SEC. 8027. (a)(1) If the Secretary of Defense, after con8 sultation with the United States Trade Representative, de9 termines that a foreign country which is party to an agree10 ment described in paragraph (2) has violated the terms of 

11 the agreement by discriminating against certain types of 

12 products produced in the United States that are covered by 

13 the agreement, the Secretary of Defense shall rescind the 

14 Secretary’s blanket waiver of the Buy American Act with 

15 respect to such types of products produced in that foreign 

16 country. 

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

18 reciprocal defense procurement memorandum of under19 standing, between the United States and a foreign country 

20 pursuant to which the Secretary of Defense has prospec21 tively waived the Buy American Act for certain products 

22 in that country. 

23 (b) The Secretary of Defense shall submit to the Con24 gress a report on the amount of Department of Defense pur25 chases from foreign entities in fiscal year 2012. Such report 
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1 shall separately indicate the dollar value of items for which 

2 the Buy American Act was waived pursuant to any agree3 ment described in subsection (a)(2), the Trade Agreement 

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

5 agreement to which the United States is a party. 

6 (c) For purposes of this section, the term ‘‘Buy Amer7 ican Act’’ means chapter 83 of title 41, United States Code. 

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

9 contained in the Department of Defense Overseas Military 

10 Facility Investment Recovery Account established by section 

11 2921(c)(1) of the National Defense Authorization Act of 

12 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be 

13 available until expended for the payments specified by sec14 tion 2921(c)(2) of that Act. 

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

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

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

18 tribes located in the States of Nevada, Idaho, North Dakota, 

19 South Dakota, Montana, Oregon, Minnesota, and Wash20 ington relocatable military housing units located at Grand 

21 Forks Air Force Base, Malmstrom Air Force Base, Moun22 tain Home Air Force Base, Ellsworth Air Force Base, and 

23 Minot Air Force Base that are excess to the needs of the 

24 Air Force. 
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1 (b) The Secretary of the Air Force shall convey, at no 

2 cost to the Air Force, military housing units under sub3 section (a) in accordance with the request for such units 

4 that are submitted to the Secretary by the Operation Walk5 ing Shield Program on behalf of Indian tribes located in 

6 the States of Nevada, Idaho, North Dakota, South Dakota, 

7 Montana, Oregon, Minnesota, and Washington. Any such 

8 conveyance shall be subject to the condition that the housing 

9 units shall be removed within a reasonable period of time, 

10 as determined by the Secretary. 

11 (c) The Operation Walking Shield Program shall re12 solve any conflicts among requests of Indian tribes for hous13 ing units under subsection (a) before submitting requests 

14 to the Secretary of the Air Force under subsection (b). 

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

16 recognized Indian tribe included on the current list pub17 lished by the Secretary of the Interior under section 104 

18 of the Federally Recognized Indian Tribe Act of 1994 (Pub19 lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). 

20 SEC. 8030. During the current fiscal year, appropria21 tions which are available to the Department of Defense for 

22 operation and maintenance may be used to purchase items 

23 having an investment item unit cost of not more than 

24 $250,000. 
218 

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

2 of the appropriations or funds available to the Department 

3 of Defense Working Capital Funds shall be used for the pur4 chase of an investment item for the purpose of acquiring 

5 a new inventory item for sale or anticipated sale during 

6 the current fiscal year or a subsequent fiscal year to cus7 tomers of the Department of Defense Working Capital 

8 Funds if such an item would not have been chargeable to 

9 the Department of Defense Business Operations Fund dur10 ing fiscal year 1994 and if the purchase of such an invest11 ment item would be chargeable during the current fiscal 

12 year to appropriations made to the Department of Defense 

13 for procurement. 

14 (b) The fiscal year 2013 budget request for the Depart15 ment of Defense as well as all justification material and 

16 other documentation supporting the fiscal year 2013 De17 partment of Defense budget shall be prepared and submitted 

18 to the Congress on the basis that any equipment which was 

19 classified as an end item and funded in a procurement ap20 propriation contained in this Act shall be budgeted for in 

21 a proposed fiscal year 2013 procurement appropriation and 

22 not in the supply management business area or any other 

23 area or category of the Department of Defense Working 

24 Capital Funds. 
219 

•HR 2219 RS

1 SEC. 8032. None of the funds appropriated by this Act 

2 for programs of the Central Intelligence Agency shall re3 main available for obligation beyond the current fiscal year, 

4 except for funds appropriated for the Reserve for Contin5 gencies, which shall remain available until September 30, 

6 2013: Provided, That funds appropriated, transferred, or 

7 otherwise credited to the Central Intelligence Agency Cen8 tral Services Working Capital Fund during this or any 

9 prior or subsequent fiscal year shall remain available until 

10 expended: Provided further, That any funds appropriated 

11 or transferred to the Central Intelligence Agency for ad12 vanced research and development acquisition, for agent op13 erations, and for covert action programs authorized by the 

14 President under section 503 of the National Security Act 

15 of 1947, as amended, shall remain available until Sep16 tember 30, 2013. 

17 SEC. 8033. Notwithstanding any other provision of 

18 law, funds made available in this Act for the Defense Intel19 ligence Agency may be used for the design, development, and 

20 deployment of General Defense Intelligence Program intel21 ligence communications and intelligence information sys22 tems for the Services, the Unified and Specified Commands, 

23 and the component commands. 

24 SEC. 8034. Of the funds appropriated to the Depart25 ment of Defense under the heading ‘‘Operation and Mainte-
220 

•HR 2219 RS

1 nance, Defense-Wide’’, not less than $12,000,000 shall be 

2 made available only for the mitigation of environmental 

3 impacts, including training and technical assistance to 

4 tribes, related administrative support, the gathering of in5 formation, documenting of environmental damage, and de6 veloping a system for prioritization of mitigation and cost 

7 to complete estimates for mitigation, on Indian lands re8 sulting from Department of Defense activities. 

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

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

11 Defense unless the entity, in expending the funds, complies 

12 with the Buy American Act. For purposes of this subsection, 

13 the term ‘‘Buy American Act’’ means chapter 83 of title 

14 41, United States Code. 

15 (b) If the Secretary of Defense determines that a person 

16 has been convicted of intentionally affixing a label bearing 

17 a ‘‘Made in America’’ inscription to any product sold in 

18 or shipped to the United States that is not made in Amer19 ica, the Secretary shall determine, in accordance with sec20 tion 2410f of title 10, United States Code, whether the per21 son should be debarred from contracting with the Depart22 ment of Defense. 

23 (c) In the case of any equipment or products purchased 

24 with appropriations provided under this Act, it is the sense 

25 of the Congress that any entity of the Department of De-
221 

•HR 2219 RS

1 fense, in expending the appropriation, purchase only Amer2 ican-made equipment and products, provided that Amer3 ican-made equipment and products are cost-competitive, 

4 quality competitive, and available in a timely fashion. 

5 SEC. 8036. None of the funds appropriated by this Act 

6 shall be available for a contract for studies, analysis, or 

7 consulting services entered into without competition on the 

8 basis of an unsolicited proposal unless the head of the activ9 ity responsible for the procurement determines— 

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

11 only one source is found fully qualified to perform the 

12 proposed work; 

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

14 unsolicited proposal which offers significant scientific 

15 or technological promise, represents the product of 

16 original thinking, and was submitted in confidence 

17 by one source; or 

18 (3) the purpose of the contract is to take advan19 tage of unique and significant industrial accomplish20 ment by a specific concern, or to insure that a new 

21 product or idea of a specific concern is given finan22 cial support: Provided, That this limitation shall not 

23 apply to contracts in an amount of less than $25,000, 

24 contracts related to improvements of equipment that 

25 is in development or production, or contracts as to 
222 

•HR 2219 RS

1 which a civilian official of the Department of Defense, 

2 who has been confirmed by the Senate, determines 

3 that the award of such contract is in the interest of 

4 the national defense. 

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

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

7 be used— 

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

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

10 Armed Forces or civilian employee of the department 

11 who is transferred or reassigned from a headquarters 

12 activity if the member or employee’s place of duty re13 mains at the location of that headquarters. 

14 (b) The Secretary of Defense or Secretary of a military 

15 department may waive the limitations in subsection (a), 

16 on a case-by-case basis, if the Secretary determines, and cer17 tifies to the Committees on Appropriations of the House of 

18 Representatives and Senate that the granting of the waiver 

19 will reduce the personnel requirements or the financial re20 quirements of the department. 

21 (c) This section does not apply to— 

22 (1) field operating agencies funded within the 

23 National Intelligence Program; 

24 (2) an Army field operating agency established 

25 to eliminate, mitigate, or counter the effects of impro-
223 

•HR 2219 RS

1 vised explosive devices, and, as determined by the Sec2 retary of the Army, other similar threats; or 

3 (3) an Army field operating agency established 

4 to improve the effectiveness and efficiencies of biomet5 ric activities and to integrate common biometric tech6 nologies throughout the Department of Defense. 

7 SEC. 8038. (a) None of the funds appropriated by this 

8 Act shall be available to convert to contractor performance 

9 an activity or function of the Department of Defense that, 

10 on or after the date of the enactment of this Act, is per11 formed by Department of Defense civilian employees un12 less— 

13 (1) the conversion is based on the result of a pub14 lic-private competition that includes a most efficient 

15 and cost effective organization plan developed by such 

16 activity or function; 

17 (2) the Competitive Sourcing Official determines 

18 that, over all performance periods stated in the solici19 tation of offers for performance of the activity or 

20 function, the cost of performance of the activity or 

21 function by a contractor would be less costly to the 

22 Department of Defense by an amount that equals or 

23 exceeds the lesser of— 

24 (A) 10 percent of the most efficient organi25 zation’s personnel-related costs for performance 
224 

•HR 2219 RS

1 of that activity or function by Federal employ2 ees; or 

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

4 (3) the contractor does not receive an advantage 

5 for a proposal that would reduce costs for the Depart6 ment of Defense by— 

7 (A) not making an employer-sponsored 

8 health insurance plan available to the workers 

9 who are to be employed in the performance of 

10 that activity or function under the contract; or 

11 (B) offering to such workers an employer12 sponsored health benefits plan that requires the 

13 employer to contribute less towards the premium 

14 or subscription share than the amount that is 

15 paid by the Department of Defense for health 

16 benefits for civilian employees under chapter 89 

17 of title 5, United States Code. 

18 (b)(1) The Department of Defense, without regard to 

19 subsection (a) of this section or subsection (a), (b), or (c) 

20 of section 2461 of title 10, United States Code, and notwith21 standing any administrative regulation, requirement, or 

22 policy to the contrary shall have full authority to enter into 

23 a contract for the performance of any commercial or indus24 trial type function of the Department of Defense that— 
225 

•HR 2219 RS

1 (A) is included on the procurement list es2 tablished pursuant to section 2 of the Javits3 Wagner-O’Day Act (section 8503 of title 41, 

4 United States Code); 

5 (B) is planned to be converted to perform6 ance by a qualified nonprofit agency for the 

7 blind or by a qualified nonprofit agency for 

8 other severely handicapped individuals in ac9 cordance with that Act; or 

10 (C) is planned to be converted to perform11 ance by a qualified firm under at least 51 per12 cent ownership by an Indian tribe, as defined in 

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

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

15 450b(e)), or a Native Hawaiian Organization, as 

16 defined in section 8(a)(15) of the Small Business 

17 Act (15 U.S.C. 637(a)(15)). 

18 (2) This section shall not apply to depot con19 tracts or contracts for depot maintenance as provided 

20 in sections 2469 and 2474 of title 10, United States 

21 Code. 

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

23 Department of Defense under the authority provided by this 

24 section shall be credited toward any competitive or out25 sourcing goal, target, or measurement that may be estab-
226 

•HR 2219 RS

1 lished by statute, regulation, or policy and is deemed to 

2 be awarded under the authority of, and in compliance with, 

3 subsection (h) of section 2304 of title 10, United States 

4 Code, for the competition or outsourcing of commercial ac5 tivities. 

6 (RESCISSIONS)

7 SEC. 8039. Of the funds appropriated in Department 

8 of Defense Appropriations Acts, the following funds are 

9 hereby rescinded from the following accounts and programs 

10 in the specified amounts: 

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

12 $5,100,000; 

13 ‘‘Procurement of Weapons and Tracked Combat 

14 Vehicles, Army, 2010/2012’’, $4,353,000; 

15 ‘‘Procurement of Ammunition, Army, 2010/ 

16 2012’’, $21,674,000; 

17 ‘‘Other Procurement, Army, 2010/2012’’, 

18 $58,647,000; 

19 ‘‘Weapons Procurement, Navy, 2010/2012’’, 

20 $8,500,000; 

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

22 $32,897,000; 

23 ‘‘Missile Procurement, Air Force, 2010/2012’’, 

24 $3,889,000; 
227 

•HR 2219 RS

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

2 $12,200,000; 

3 ‘‘Procurement, Defense-Wide, 2010/2012’’, 

4 $716,000; 

5 ‘‘Aircraft Procurement, Army, 2011/2013’’, 

6 $21,500,000; 

7 ‘‘Missile Procurement, Army, 2011/2013’’, 

8 $99,800,000; 

9 ‘‘Procurement of Weapons and Tracked Combat 

10 Vehicles, Army, 2011/2013’’, $18,834,000; 

11 ‘‘Procurement of Ammunition, Army, 2011/ 

12 2013’’, $15,000,000; 

13 ‘‘Other Procurement, Army, 2011/2013’’, 

14 $444,171,000; 

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

16 $53,144,000; 

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

18 $12,849,000; 

19 ‘‘Procurement of Ammunition, Navy and Marine 

20 Corps, 2011/2013’’, $28,262,000; 

21 ‘‘Other Procurement, Navy, 2011/2013’’, 

22 $59,598,000; 

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

24 $223,213,000; 
228 

•HR 2219 RS

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

2 $192,774,000; 

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

4 $52,868,000; 

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

6 $4,312,000; 

7 ‘‘Research, Development, Test and Evaluation, 

8 Army, 2011/2012’’, $358,625,000; 

9 ‘‘Research, Development, Test and Evaluation, 

10 Navy, 2011/2012’’, $43,516,000; 

11 ‘‘Research, Development, Test and Evaluation, 

12 Air Force, 2011/2012’’, $273,994,000; 

13 ‘‘Research, Development, Test and Evaluation, 

14 Defense-Wide, 2011/2012’’, $254,284,000; 

15 ‘‘Defense Health Program, 2011/2012’’, $257,000. 

16 SEC. 8040. None of the funds available in this Act may 

17 be used to reduce the authorized positions for military tech18 nicians (dual status) of the Army National Guard, Air Na19 tional Guard, Army Reserve and Air Force Reserve for the 

20 purpose of applying any administratively imposed civilian 

21 personnel ceiling, freeze, or reduction on military techni22 cians (dual status), unless such reductions are a direct re23 sult of a reduction in military force structure. 

24 SEC. 8041. None of the funds appropriated or other25 wise made available in this Act may be obligated or ex-
229 

•HR 2219 RS

1 pended for assistance to the Democratic People’s Republic 

2 of Korea unless specifically appropriated for that purpose. 

3 SEC. 8042. Funds appropriated in this Act for oper4 ation and maintenance of the Military Departments, Com5 batant Commands and Defense Agencies shall be available 

6 for reimbursement of pay, allowances and other expenses 

7 which would otherwise be incurred against appropriations 

8 for the National Guard and Reserve when members of the 

9 National Guard and Reserve provide intelligence or coun10 terintelligence support to Combatant Commands, Defense 

11 Agencies and Joint Intelligence Activities, including the ac12 tivities and programs included within the National Intel13 ligence Program and the Military Intelligence Program: 

14 Provided, That nothing in this section authorizes deviation 

15 from established Reserve and National Guard personnel and 

16 training procedures. 

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

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

19 civilian medical and medical support personnel assigned to 

20 military treatment facilities below the September 30, 2003, 

21 level: Provided, That the Service Surgeons General may 

22 waive this section by certifying to the congressional defense 

23 committees that the beneficiary population is declining in 

24 some catchment areas and civilian strength reductions may 
230 

•HR 2219 RS

1 be consistent with responsible resource stewardship and 

2 capitation-based budgeting. 

3 SEC. 8044. (a) None of the funds available to the De4 partment of Defense for any fiscal year for drug interdic5 tion or counter-drug activities may be transferred to any 

6 other department or agency of the United States except as 

7 specifically provided in an appropriations law. 

8 (b) None of the funds available to the Central Intel9 ligence Agency for any fiscal year for drug interdiction and 

10 counter-drug activities may be transferred to any other de11 partment or agency of the United States except as specifi12 cally provided in an appropriations law. 

13 SEC. 8045. None of the funds appropriated by this Act 

14 may be used for the procurement of ball and roller bearings 

15 other than those produced by a domestic source and of do16 mestic origin: Provided, That the Secretary of the military 

17 department responsible for such procurement may waive 

18 this restriction on a case-by-case basis by certifying in writ19 ing to the Committees on Appropriations of the House of 

20 Representatives and the Senate, that adequate domestic 

21 supplies are not available to meet Department of Defense 

22 requirements on a timely basis and that such an acquisition 

23 must be made in order to acquire capability for national 

24 security purposes: Provided further, That this restriction 

25 shall not apply to the purchase of ‘‘commercial items’’, as 
231 

•HR 2219 RS

1 defined by section 4(12) of the Office of Federal Procure2 ment Policy Act, except that the restriction shall apply to 

3 ball or roller bearings purchased as end items. 

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

5 to purchase any supercomputer which is not manufactured 

6 in the United States, unless the Secretary of Defense cer7 tifies to the congressional defense committees that such an 

8 acquisition must be made in order to acquire capability for 

9 national security purposes that is not available from 

10 United States manufacturers. 

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

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

13 officer or employee of the Department of Defense who ap14 proves or implements the transfer of administrative respon15 sibilities or budgetary resources of any program, project, 

16 or activity financed by this Act to the jurisdiction of an17 other Federal agency not financed by this Act without the 

18 express authorization of Congress: Provided, That this limi19 tation shall not apply to transfers of funds expressly pro20 vided for in Defense Appropriations Acts, or provisions of 

21 Acts providing supplemental appropriations for the De22 partment of Defense. 

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

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

25 Defense for the current fiscal year may be obligated or ex-
232 

•HR 2219 RS

1 pended to transfer to another nation or an international 

2 organization any defense articles or services (other than in3 telligence services) for use in the activities described in sub4 section (b) unless the congressional defense committees, the 

5 Committee on Foreign Affairs of the House of Representa6 tives, and the Committee on Foreign Relations of the Senate 

7 are notified 15 days in advance of such transfer. 

8 (b) This section applies to— 

9 (1) any international peacekeeping or peace-en10 forcement operation under the authority of chapter VI 

11 or chapter VII of the United Nations Charter under 

12 the authority of a United Nations Security Council 

13 resolution; and 

14 (2) any other international peacekeeping, peace15 enforcement, or humanitarian assistance operation. 

16 (c) A notice under subsection (a) shall include the fol17 lowing: 

18 (1) A description of the equipment, supplies, or 

19 services to be transferred. 

20 (2) A statement of the value of the equipment, 

21 supplies, or services to be transferred. 

22 (3) In the case of a proposed transfer of equip23 ment or supplies— 

24 (A) a statement of whether the inventory re25 quirements of all elements of the Armed Forces 
233 

•HR 2219 RS

1 (including the reserve components) for the type 

2 of equipment or supplies to be transferred have 

3 been met; and 

4 (B) a statement of whether the items pro5 posed to be transferred will have to be replaced 

6 and, if so, how the President proposes to provide 

7 funds for such replacement. 

8 SEC. 8049. None of the funds available to the Depart9 ment of Defense under this Act shall be obligated or ex10 pended to pay a contractor under a contract with the De11 partment of Defense for costs of any amount paid by the 

12 contractor to an employee when— 

13 (1) such costs are for a bonus or otherwise in ex14 cess of the normal salary paid by the contractor to the 

15 employee; and 

16 (2) such bonus is part of restructuring costs asso17 ciated with a business combination. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8050. During the current fiscal year, no more 

20 than $30,000,000 of appropriations made in this Act under 

21 the heading ‘‘Operation and Maintenance, Defense-Wide’’ 

22 may be transferred to appropriations available for the pay 

23 of military personnel, to be merged with, and to be available 

24 for the same time period as the appropriations to which 

25 transferred, to be used in support of such personnel in con-
234 

•HR 2219 RS

1 nection with support and services for eligible organizations 

2 and activities outside the Department of Defense pursuant 

3 to section 2012 of title 10, United States Code. 

4 SEC. 8051. During the current fiscal year, in the case 

5 of an appropriation account of the Department of Defense 

6 for which the period of availability for obligation has ex7 pired or which has closed under the provisions of section 

8 1552 of title 31, United States Code, and which has a nega9 tive unliquidated or unexpended balance, an obligation or 

10 an adjustment of an obligation may be charged to any cur11 rent appropriation account for the same purpose as the ex12 pired or closed account if— 

13 (1) the obligation would have been properly 

14 chargeable (except as to amount) to the expired or 

15 closed account before the end of the period of avail16 ability or closing of that account; 

17 (2) the obligation is not otherwise properly 

18 chargeable to any current appropriation account of 

19 the Department of Defense; and 

20 (3) in the case of an expired account, the obliga21 tion is not chargeable to a current appropriation of 

22 the Department of Defense under the provisions of sec23 tion 1405(b)(8) of the National Defense Authorization 

24 Act for Fiscal Year 1991, Public Law 101–510, as 

25 amended (31 U.S.C. 1551 note): Provided, That in 
235 

•HR 2219 RS

1 the case of an expired account, if subsequent review 

2 or investigation discloses that there was not in fact a 

3 negative unliquidated or unexpended balance in the 

4 account, any charge to a current account under the 

5 authority of this section shall be reversed and re6 corded against the expired account: Provided further, 

7 That the total amount charged to a current appro8 priation under this section may not exceed an 

9 amount equal to 1 percent of the total appropriation 

10 for that account. 

11 SEC. 8052. (a) Notwithstanding any other provision 

12 of law, the Chief of the National Guard Bureau may permit 

13 the use of equipment of the National Guard Distance Learn14 ing Project by any person or entity on a space-available, 

15 reimbursable basis. The Chief of the National Guard Bu16 reau shall establish the amount of reimbursement for such 

17 use on a case-by-case basis. 

18 (b) Amounts collected under subsection (a) shall be 

19 credited to funds available for the National Guard Distance 

20 Learning Project and be available to defray the costs associ21 ated with the use of equipment of the project under that 

22 subsection. Such funds shall be available for such purposes 

23 without fiscal year limitation. 

24 SEC. 8053. Using funds made available by this Act 

25 or any other Act, the Secretary of the Air Force, pursuant 
236 

•HR 2219 RS

1 to a determination under section 2690 of title 10, United 

2 States Code, may implement cost-effective agreements for 

3 required heating facility modernization in the 

4 Kaiserslautern Military Community in the Federal Repub5 lic of Germany: Provided, That in the City of 

6 Kaiserslautern and at the Rhine Ordnance Barracks area, 

7 such agreements will include the use of United States an8 thracite as the base load energy for municipal district heat 

9 to the United States Defense installations: Provided further, 

10 That at Landstuhl Army Regional Medical Center and 

11 Ramstein Air Base, furnished heat may be obtained from 

12 private, regional or municipal services, if provisions are in13 cluded for the consideration of United States coal as an en14 ergy source. 

15 SEC. 8054. None of the funds appropriated in title IV 

16 of this Act may be used to procure end-items for delivery 

17 to military forces for operational training, operational use 

18 or inventory requirements: Provided, That this restriction 

19 does not apply to end-items used in development, proto20 typing, and test activities preceding and leading to accept21 ance for operational use: Provided further, That this restric22 tion does not apply to programs funded within the National 

23 Intelligence Program: Provided further, That the Secretary 

24 of Defense may waive this restriction on a case-by-case basis 

25 by certifying in writing to the Committees on Appropria-
237 

•HR 2219 RS

1 tions of the House of Representatives and the Senate that 

2 it is in the national security interest to do so. 

3 SEC. 8055. None of the funds made available in this 

4 Act may be used to approve or license the sale of the F– 

5 22A advanced tactical fighter to any foreign government: 

6 Provided, That the Department of Defense may conduct or 

7 participate in studies, research, design and other activities 

8 to define and develop a future export version of the F–22A 

9 that protects classified and sensitive information, tech10 nologies and U.S. warfighting capabilities. 

11 SEC. 8056. (a) The Secretary of Defense may, on a 

12 case-by-case basis, waive with respect to a foreign country 

13 each limitation on the procurement of defense items from 

14 foreign sources provided in law if the Secretary determines 

15 that the application of the limitation with respect to that 

16 country would invalidate cooperative programs entered into 

17 between the Department of Defense and the foreign country, 

18 or would invalidate reciprocal trade agreements for the pro19 curement of defense items entered into under section 2531 

20 of title 10, United States Code, and the country does not 

21 discriminate against the same or similar defense items pro22 duced in the United States for that country. 

23 (b) Subsection (a) applies with respect to— 

24 (1) contracts and subcontracts entered into on or 

25 after the date of the enactment of this Act; and 
238 

•HR 2219 RS

1 (2) options for the procurement of items that are 

2 exercised after such date under contracts that are en3 tered into before such date if the option prices are ad4 justed for any reason other than the application of a 

5 waiver granted under subsection (a). 

6 (c) Subsection (a) does not apply to a limitation re7 garding construction of public vessels, ball and roller bear8 ings, food, and clothing or textile materials as defined by 

9 section 11 (chapters 50–65) of the Harmonized Tariff 

10 Schedule and products classified under headings 4010, 

11 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 

12 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

13 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

14 SEC. 8057. (a) None of the funds made available by 

15 this Act may be used to support any training program in16 volving a unit of the security forces or police of a foreign 

17 country if the Secretary of Defense has received credible in18 formation from the Department of State that the unit has 

19 committed a gross violation of human rights, unless all nec20 essary corrective steps have been taken. 

21 (b) The Secretary of Defense, in consultation with the 

22 Secretary of State, shall ensure that prior to a decision to 

23 conduct any training program referred to in subsection (a), 

24 full consideration is given to all credible information avail-
239 

•HR 2219 RS

1 able to the Department of State relating to human rights 

2 violations by foreign security forces. 

3 (c) The Secretary of Defense, after consultation with 

4 the Secretary of State, may waive the prohibition in sub5 section (a) if he determines that such waiver is required 

6 by extraordinary circumstances. 

7 (d) Not more than 15 days after the exercise of any 

8 waiver under subsection (c), the Secretary of Defense shall 

9 submit a report to the congressional defense committees de10 scribing the extraordinary circumstances, the purpose and 

11 duration of the training program, the United States forces 

12 and the foreign security forces involved in the training pro13 gram, and the information relating to human rights viola14 tions that necessitates the waiver. 

15 SEC. 8058. (a) PROHIBITION ON CONVERSION OF

16 FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO CON17 TRACTOR PERFORMANCE.—None of the funds appropriated 

18 or otherwise made available by this Act, or that remain 

19 available for obligation for the Department of Defense under 

20 any prior appropriations act, may be used to begin or an21 nounce the competition to award to a contractor or convert 

22 to performance by a contractor any functions performed by 

23 Federal employees pursuant to a study conducted under Of24 fice of Management and Budget (OMB) Circular A–76. 
240 

•HR 2219 RS

1 (b) EXCEPTION.—The prohibition in subsection (a) 

2 shall not apply to the award of a function to a contractor 

3 or the conversion of a function to performance by a con4 tractor pursuant to a study conducted under Office of Man5 agement and Budget (OMB) Circular A–76 once all report6 ing and certifications required by section 325 of the Na7 tional Defense Authorization Act for Fiscal Year 2010 (Pub8 lic Law 111–84) have been satisfactorily completed. 

9 SEC. 8059. Notwithstanding any other provision of 

10 law, funds appropriated in this Act under the heading ‘‘Re11 search, Development, Test and Evaluation, Defense-Wide’’ 

12 for any new start advanced concept technology demonstra13 tion project or joint capability demonstration project may 

14 only be obligated 45 days after a report, including a de15 scription of the project, the planned acquisition and transi16 tion strategy and its estimated annual and total cost, has 

17 been provided in writing to the congressional defense com18 mittees: Provided, That the Secretary of Defense may waive 

19 this restriction on a case-by-case basis by certifying to the 

20 congressional defense committees that it is in the national 

21 interest to do so. 

22 SEC. 8060. The Secretary of Defense shall provide a 

23 classified quarterly report beginning 30 days after enact24 ment of this Act, to the House and Senate Appropriations 
241 

•HR 2219 RS

1 Committees, Subcommittees on Defense on certain matters 

2 as directed in the classified annex accompanying this Act. 

3 SEC. 8061. During the current fiscal year, none of the 

4 funds available to the Department of Defense may be used 

5 to provide support to another department or agency of the 

6 United States if such department or agency is more than 

7 90 days in arrears in making payment to the Department 

8 of Defense for goods or services previously provided to such 

9 department or agency on a reimbursable basis: Provided, 

10 That this restriction shall not apply if the department is 

11 authorized by law to provide support to such department 

12 or agency on a nonreimbursable basis, and is providing the 

13 requested support pursuant to such authority: Provided fur14 ther, That the Secretary of Defense may waive this restric15 tion on a case-by-case basis by certifying in writing to the 

16 Committees on Appropriations of the House of Representa17 tives and the Senate that it is in the national security inter18 est to do so. 

19 SEC. 8062. Notwithstanding section 12310(b) of title 

20 10, United States Code, a Reserve who is a member of the 

21 National Guard serving on full-time National Guard duty 

22 under section 502(f) of title 32, United States Code, may 

23 perform duties in support of the ground-based elements of 

24 the National Ballistic Missile Defense System. 
242 

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1 SEC. 8063. None of the funds provided in this Act may 

2 be used to transfer to any nongovernmental entity ammuni3 tion held by the Department of Defense that has a center4 fire cartridge and a United States military nomenclature 

5 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 

6 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in7 cendiary tracer (API–T)’’, except to an entity performing 

8 demilitarization services for the Department of Defense 

9 under a contract that requires the entity to demonstrate to 

10 the satisfaction of the Department of Defense that armor 

11 piercing projectiles are either: (1) rendered incapable of 

12 reuse by the demilitarization process; or (2) used to manu13 facture ammunition pursuant to a contract with the De14 partment of Defense or the manufacture of ammunition for 

15 export pursuant to a License for Permanent Export of Un16 classified Military Articles issued by the Department of 

17 State. 

18 SEC. 8064. Notwithstanding any other provision of 

19 law, the Chief of the National Guard Bureau, or his des20 ignee, may waive payment of all or part of the consider21 ation that otherwise would be required under section 2667 

22 of title 10, United States Code, in the case of a lease of 

23 personal property for a period not in excess of 1 year to 

24 any organization specified in section 508(d) of title 32, 

25 United States Code, or any other youth, social, or fraternal 
243 

•HR 2219 RS

1 nonprofit organization as may be approved by the Chief 

2 of the National Guard Bureau, or his designee, on a case3 by-case basis. 

4 SEC. 8065. None of the funds appropriated by this Act 

5 shall be used for the support of any nonappropriated funds 

6 activity of the Department of Defense that procures malt 

7 beverages and wine with nonappropriated funds for resale 

8 (including such alcoholic beverages sold by the drink) on 

9 a military installation located in the United States unless 

10 such malt beverages and wine are procured within that 

11 State, or in the case of the District of Columbia, within 

12 the District of Columbia, in which the military installation 

13 is located: Provided, That in a case in which the military 

14 installation is located in more than one State, purchases 

15 may be made in any State in which the installation is lo16 cated: Provided further, That such local procurement re17 quirements for malt beverages and wine shall apply to all 

18 alcoholic beverages only for military installations in States 

19 which are not contiguous with another State: Provided fur20 ther, That alcoholic beverages other than wine and malt bev21 erages, in contiguous States and the District of Columbia 

22 shall be procured from the most competitive source, price 

23 and other factors considered. 
244 

•HR 2219 RS

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8066. Of the amounts appropriated in this Act 

3 under the heading ‘‘Operation and Maintenance, Army’’, 

4 $124,493,000 shall remain available until expended: Pro5 vided, That notwithstanding any other provision of law, the 

6 Secretary of Defense is authorized to transfer such funds 

7 to other activities of the Federal Government: Provided fur8 ther, That the Secretary of Defense is authorized to enter 

9 into and carry out contracts for the acquisition of real 

10 property, construction, personal services, and operations re11 lated to projects carrying out the purposes of this section: 

12 Provided further, That contracts entered into under the au13 thority of this section may provide for such indemnification 

14 as the Secretary determines to be necessary: Provided fur15 ther, That projects authorized by this section shall comply 

16 with applicable Federal, State, and local law to the max17 imum extent consistent with the national security, as deter18 mined by the Secretary of Defense. 

19 SEC. 8067. Section 8106 of the Department of Defense 

20 Appropriations Act, 1997 (titles I through VIII of the mat21 ter under subsection 101(b) of Public Law 104–208; 110 

22 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect 

23 to apply to disbursements that are made by the Department 

24 of Defense in fiscal year 2012. 
245 

•HR 2219 RS

1 SEC. 8068. (a) IN GENERAL.—Subchapter I of chapter 

2 88 of title 10, United States Code, is amended by adding 

3 the following new section at its end— 

4 ‘‘§ 1790. MILITARY PERSONNEL CITIZENSHIP 

5 PROCESSING. 

6 ‘‘AUTHORIZATION OF PAYMENTS.—Using funds pro7 vided for operations and maintenance and notwithstanding 

8 section 2215 of title 10, United States Code, the Secretary 

9 of Defense may reimburse the Secretary of Homeland Secu10 rity for costs associated with the processing and adjudica11 tion by the United States Citizenship and Immigration 

12 Services (USCIS) of applications for naturalization de13 scribed in sections 328(b)(4) and 329(b)(4) of the Immigra14 tion and Nationality Act (8 U.S.C. §§ 1439(b)(4) and 

15 1440(b)(4)). Such reimbursements shall be deposited and re16 main available as provided by sections 286(m) and (n) of 

17 such Act (8 U.S.C. § 1356(m). Such reimbursements shall 

18 be based on actual costs incurred by USCIS for processing 

19 applications for naturalization, and shall not exceed 

20 $7,500,000 per fiscal year.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections at 

22 the beginning of subchapter I of chapter 88 of title 10, 

23 United States Code, is amended by inserting after the item 

24 relating to section 1789 the following new item: 

‘‘1790. Military personnel citizenship processing.’’. 
246 

•HR 2219 RS

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8069. Of the amounts appropriated in this Act 

3 under the heading ‘‘Research, Development, Test and Eval4 uation, Defense-Wide’’, $235,700,000 shall be for the Israeli 

5 Cooperative Programs: Provided, That of this amount, 

6 $110,525,000 shall be for the Short Range Ballistic Missile 

7 Defense (SRBMD) program, including cruise missile de8 fense research and development under the SRBMD pro9 gram, of which $15,000,000 shall be for production activi10 ties of SRBMD missiles in the United States and in Israel 

11 to meet Israel’s defense requirements consistent with each 

12 nation’s laws, regulations, and procedures, $66,220,000 

13 shall be available for an upper-tier component to the Israeli 

14 Missile Defense Architecture, and $58,955,000 shall be for 

15 the Arrow System Improvement Program including devel16 opment of a long range, ground and airborne, detection 

17 suite: Provided further, That funds made available under 

18 this provision for production of missiles and missile compo19 nents may be transferred to appropriations available for 

20 the procurement of weapons and equipment, to be merged 

21 with and to be available for the same time period and the 

22 same purposes as the appropriation to which transferred: 

23 Provided further, That the transfer authority provided 

24 under this provision is in addition to any other transfer 

25 authority contained in this Act. 
247 

•HR 2219 RS

1 SEC. 8070. (a) None of the funds available to the De2 partment of Defense may be obligated to modify command 

3 and control relationships to give Fleet Forces Command 

4 operational and administrative control of U.S. Navy forces 

5 assigned to the Pacific fleet. 

6 (b) None of the funds available to the Department of 

7 Defense may be obligated to modify command and control 

8 relationships to give United States Transportation Com9 mand operational and administrative control of C–130 and 

10 KC–135 forces assigned to the Pacific and European Air 

11 Force Commands. 

12 (c) The command and control relationships in sub13 sections (a) and (b) which existed on March 13, 2011, shall 

14 remain in force unless changes are specifically authorized 

15 in a subsequent Act. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 8071. Of the amounts appropriated in this Act 

18 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

19 $73,992,000 shall be available until September 30, 2012, 

20 to fund prior year shipbuilding cost increases: Provided, 

21 That upon enactment of this Act, the Secretary of the Navy 

22 shall transfer funds to the following appropriations in the 

23 amounts specified: Provided further, That the amounts 

24 transferred shall be merged with and be available for the 
248 

•HR 2219 RS

1 same purposes as the appropriations to which transferred 

2 to: 

3 (1) Under the heading ‘‘Shipbuilding and Con4 version, Navy, 2005/2012’’: LPD–17 Amphibious 

5 Transport Dock Program $18,627,000; 

6 (2) Under the heading ‘‘Shipbuilding and Con7 version, Navy, 2006/2012’’: LPD–17 Amphibious 

8 Transport Dock Program $23,437,000; and 

9 (3) Under the heading ‘‘Shipbuilding and Con10 version, Navy, 2008/2012’’: LPD–17 Amphibious 

11 Transport Dock Program $31,928,000. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8072. (a) Of the amounts appropriated in title 

14 IV of this Act under the heading ‘‘Research, Development, 

15 Test and Evaluation, Army’’, for Budget Activities 4, 5 and 

16 7, $50,000,000 shall be transferred to Program Element 

17 0605807A: Provided, That no funds may be transferred 

18 until 30 days after the Secretary of the Army provides to 

19 the congressional defense committees a report including the 

20 details of any such transfer: Provided further, That the 

21 transfer authority provided under this provision is in addi22 tion to any other transfer authority contained in this Act. 

23 (b) Of the amounts appropriated in title IV of this 

24 Act under the heading ‘‘Research, Development, Test and 

25 Evaluation, Air Force’’, for Budget Activities 4, 5 and 7, 
249 

•HR 2219 RS

1 $34,000,000 shall be transferred to Program Element 

2 0605807F: Provided, That no funds may be transferred 

3 until 30 days after the Secretary of the Air Force provides 

4 to the congressional defense committees a report including 

5 the details of any such transfer: Provided further, That the 

6 transfer authority provided under this provision is in addi7 tion to any other transfer authority contained in this Act. 

8 SEC. 8073. Funds appropriated by this Act, or made 

9 available by the transfer of funds in this Act, for intelligence 

10 activities are deemed to be specifically authorized by the 

11 Congress for purposes of section 504 of the National Secu12 rity Act of 1947 (50 U.S.C. 414) during fiscal year 2012 

13 until the enactment of the Intelligence Authorization Act 

14 for Fiscal Year 2012. 

15 SEC. 8074. None of the funds provided in this Act shall 

16 be available for obligation or expenditure through a re17 programming of funds that creates or initiates a new pro18 gram, project, or activity unless such program, project, or 

19 activity must be undertaken immediately in the interest of 

20 national security and only after written prior notification 

21 to the congressional defense committees. 

22 SEC. 8075. The budget of the President for fiscal year 

23 2013 submitted to the Congress pursuant to section 1105 

24 of title 31, United States Code, shall include separate budget 

25 justification documents for costs of United States Armed 
250 

•HR 2219 RS

1 Forces’ participation in contingency operations for the 

2 Military Personnel accounts, the Operation and Mainte3 nance accounts, and the Procurement accounts: Provided, 

4 That these documents shall include a description of the 

5 funding requested for each contingency operation, for each 

6 military service, to include all Active and Reserve compo7 nents, and for each appropriations account: Provided fur8 ther, That these documents shall include estimated costs for 

9 each element of expense or object class, a reconciliation of 

10 increases and decreases for each contingency operation, and 

11 programmatic data including, but not limited to, troop 

12 strength for each Active and Reserve component, and esti13 mates of the major weapons systems deployed in support 

14 of each contingency: Provided further, That these documents 

15 shall include budget exhibits OP–5 and OP–32 (as defined 

16 in the Department of Defense Financial Management Regu17 lation) for all contingency operations for the budget year 

18 and the two preceding fiscal years. 

19 SEC. 8076. None of the funds available to the Depart20 ment of Defense in the current fiscal year, and hereafter, 

21 may be obligated or expended for research, development, 

22 test, evaluation, procurement or deployment of nuclear 

23 armed interceptors of a missile defense system. 

24 SEC. 8077. In addition to the amounts appropriated 

25 or otherwise made available elsewhere in this Act, 
251 

•HR 2219 RS

1 $20,000,000 is hereby appropriated to the Department of 

2 Defense: Provided, That upon the determination of the Sec3 retary of Defense that it shall serve the national interest, 

4 he shall make a grant in the amount specified as follows: 

5 $20,000,000 to the United Service Organizations. 

6 SEC. 8078. None of the funds appropriated or made 

7 available in this Act shall be used to reduce or disestablish 

8 the operation of the 53rd Weather Reconnaissance Squad9 ron of the Air Force Reserve, if such action would reduce 

10 the WC–130 Weather Reconnaissance mission below the lev11 els funded in this Act: Provided, That the Air Force shall 

12 allow the 53rd Weather Reconnaissance Squadron to per13 form other missions in support of national defense require14 ments during the non-hurricane season. 

15 SEC. 8079. None of the funds provided in this Act shall 

16 be available for integration of foreign intelligence informa17 tion unless the information has been lawfully collected and 

18 processed during the conduct of authorized foreign intel19 ligence activities: Provided, That information pertaining to 

20 United States persons shall only be handled in accordance 

21 with protections provided in the Fourth Amendment of the 

22 United States Constitution as implemented through Execu23 tive Order No. 12333. 

24 SEC. 8080. (a) At the time members of reserve compo25 nents of the Armed Forces are called or ordered to active 
252 

•HR 2219 RS

1 duty under section 12302(a) of title 10, United States Code, 

2 each member shall be notified in writing of the expected 

3 period during which the member will be mobilized. 

4 (b) The Secretary of Defense may waive the require5 ments of subsection (a) in any case in which the Secretary 

6 determines that it is necessary to do so to respond to a na7 tional security emergency or to meet dire operational re8 quirements of the Armed Forces. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 8081. The Secretary of Defense may transfer 

11 funds from any available Department of the Navy appro12 priation to any available Navy ship construction appro13 priation for the purpose of liquidating necessary changes 

14 resulting from inflation, market fluctuations, or rate adjust15 ments for any ship construction program appropriated in 

16 law: Provided, That the Secretary may transfer not to ex17 ceed $100,000,000 under the authority provided by this sec18 tion: Provided further, That the Secretary may not transfer 

19 any funds until 30 days after the proposed transfer has been 

20 reported to the Committees on Appropriations of the House 

21 of Representatives and the Senate, unless a response from 

22 the Committees is received sooner: Provided further, That 

23 any funds transferred pursuant to this section shall retain 

24 the same period of availability as when originally appro25 priated: Provided further, That the transfer authority pro-
253 

•HR 2219 RS

1 vided by this section is in addition to any other transfer 

2 authority contained elsewhere in this Act. 

3 SEC. 8082. For purposes of section 7108 of title 41, 

4 United States Code, any subdivision of appropriations 

5 made under the heading ‘‘Shipbuilding and Conversion, 

6 Navy’’ that is not closed at the time reimbursement is made 

7 shall be available to reimburse the Judgment Fund and 

8 shall be considered for the same purposes as any subdivision 

9 under the heading ‘‘Shipbuilding and Conversion, Navy’’ 

10 appropriations in the current fiscal year or any prior fiscal 

11 year. 

12 SEC. 8083. (a) None of the funds appropriated by this 

13 Act may be used to transfer research and development, ac14 quisition, or other program authority relating to current 

15 tactical unmanned aerial vehicles (TUAVs) from the Army. 

16 (b) The Army shall retain responsibility for and oper17 ational control of the MQ–1C Sky Warrior Unmanned Aer18 ial Vehicle (UAV) in order to support the Secretary of De19 fense in matters relating to the employment of unmanned 

20 aerial vehicles. 

21 SEC. 8084. Up to $15,000,000 of the funds appro22 priated under the heading ‘‘Operation and Maintenance, 

23 Navy’’ may be made available for the Asia Pacific Regional 

24 Initiative Program for the purpose of enabling the Pacific 

25 Command to execute Theater Security Cooperation activi-
254 

•HR 2219 RS

1 ties such as humanitarian assistance, and payment of in2 cremental and personnel costs of training and exercising 

3 with foreign security forces: Provided, That funds made 

4 available for this purpose may be used, notwithstanding 

5 any other funding authorities for humanitarian assistance, 

6 security assistance or combined exercise expenses: Provided 

7 further, That funds may not be obligated to provide assist8 ance to any foreign country that is otherwise prohibited 

9 from receiving such type of assistance under any other pro10 vision of law. 

11 SEC. 8085. None of the funds appropriated by this Act 

12 for programs of the Office of the Director of National Intel13 ligence shall remain available for obligation beyond the cur14 rent fiscal year, except for funds appropriated for research 

15 and technology, which shall remain available until Sep16 tember 30, 2013. 

17 SEC. 8086. For purposes of section 1553(b) of title 31, 

18 United States Code, any subdivision of appropriations 

19 made in this Act under the heading ‘‘Shipbuilding and 

20 Conversion, Navy’’ shall be considered to be for the same 

21 purpose as any subdivision under the heading ‘‘Ship22 building and Conversion, Navy’’ appropriations in any 

23 prior fiscal year, and the 1 percent limitation shall apply 

24 to the total amount of the appropriation. 
255 

•HR 2219 RS

1 SEC. 8087. During the current fiscal year, not to ex2 ceed $200,000,000 from funds available under ‘‘Operation 

3 and Maintenance, Defense-Wide’’ under section 1206 of the 

4 National Defense Authorization Act for Fiscal Year 2006 

5 (Public Law 109–163; 119 Stat. 3456; relating to program 

6 to build the capacity of foreign military forces) may be 

7 transferred to the Department of State ‘‘Global Security 

8 Contingency Fund’’: Provided, That this transfer authority 

9 is in addition to any other transfer authority available to 

10 the Department of Defense: Provided further, That the Sec11 retary of Defense shall, not fewer than 15 days prior to 

12 making transfers to the Department of State, notify the con13 gressional defense committees in writing of the details of 

14 any such transfer: Provided further, That none of the funds 

15 available under ‘‘Operation and Maintenance, Defense16 Wide’’ under section 1206 of the National Defense Author17 ization Act for Fiscal Year 2006 (Public Law 109–163; 119 

18 Stat. 3456; relating to program to build the capacity of for19 eign military forces) may be obligated prior to the Depart20 ment of Defense formally submitting a request for authority 

21 to transfer funds to the ‘‘Global Security Contingency 

22 Fund’’ to the Subcommittees on Defense of the Committees 

23 on Appropriations of the House and Senate. 

24 SEC. 8088. The Director of National Intelligence shall 

25 include the budget exhibits identified in paragraphs (1) and 
256 

•HR 2219 RS

1 (2) as described in the Department of Defense Financial 

2 Management Regulation with the congressional budget jus3 tification books: 

4 (1) For procurement programs requesting more 

5 than $20,000,000 in any fiscal year, the P–1, Pro6 curement Program; P–5, Cost Analysis; P–5a, Pro7 curement History and Planning; P–21, Production 

8 Schedule; and P–40, Budget Item Justification. 

9 (2) For research, development, test and evalua10 tion projects requesting more than $10,000,000 in 

11 any fiscal year, the R–1, RDT&E Program; R–2, 

12 RDT&E Budget Item Justification; R–3, RDT&E 

13 Project Cost Analysis; and R–4, RDT&E Program 

14 Schedule Profile. 

15 SEC. 8089. The amounts appropriated in title II of 

16 this Act are hereby reduced by $515,000,000 to reflect excess 

17 cash balances in Department of Defense Working Capital 

18 Funds, as follows: From ‘‘Operation and Maintenance, 

19 Army’’, $515,000,000. 

20 SEC. 8090. (a) Not later than 60 days after enactment 

21 of this Act, the Office of the Director of National Intelligence 

22 shall submit a report to the congressional intelligence com23 mittees to establish the baseline for application of re24 programming and transfer authorities for fiscal year 2012: 

25 Provided, That the report shall include— 
257 

•HR 2219 RS

1 (1) a table for each appropriation with a sepa2 rate column to display the President’s budget request, 

3 adjustments made by Congress, adjustments due to 

4 enacted rescissions, if appropriate, and the fiscal year 

5 enacted level; 

6 (2) a delineation in the table for each appropria7 tion by Expenditure Center and project; and 

8 (3) an identification of items of special congres9 sional interest. 

10 (b) None of the funds provided for the National Intel11 ligence Program in this Act shall be available for re12 programming or transfer until the report identified in sub13 section (a) is submitted to the congressional intelligence 

14 committees, unless the Director of National Intelligence cer15 tifies in writing to the congressional intelligence committees 

16 that such reprogramming or transfer is necessary as an 

17 emergency requirement. 

18 SEC. 8091. The Director of National Intelligence shall 

19 submit to Congress each year, at or about the time that 

20 the President’s budget is submitted to Congress that year 

21 under section 1105(a) of title 31, United States Code, a fu22 ture-years intelligence program (including associated an23 nexes) reflecting the estimated expenditures and proposed 

24 appropriations included in that budget. Any such future25 years intelligence program shall cover the fiscal year with 
258 

•HR 2219 RS

1 respect to which the budget is submitted and at least the 

2 four succeeding fiscal years. 

3 SEC. 8092. For the purposes of this Act, the term ‘‘con4 gressional intelligence committees’’ means the Permanent 

5 Select Committee on Intelligence of the House of Represent6 atives, the Select Committee on Intelligence of the Senate, 

7 the Subcommittee on Defense of the Committee on Appro8 priations of the House of Representatives, and the Sub9 committee on Defense of the Committee on Appropriations 

10 of the Senate. 

11 SEC. 8093. The Department of Defense shall continue 

12 to report incremental contingency operations costs for Oper13 ation New Dawn and Operation Enduring Freedom on a 

14 monthly basis in the Cost of War Execution Report as pre15 scribed in the Department of Defense Financial Manage16 ment Regulation Department of Defense Instruction 

17 7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, 

18 Annex 1, dated September 2005. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8094. During the current fiscal year, not to ex21 ceed $11,000,000 from each of the appropriations made in 

22 title II of this Act for ‘‘Operation and Maintenance, Army’’, 

23 ‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and 

24 Maintenance, Air Force’’ may be transferred by the mili25 tary department concerned to its central fund established 
259 

•HR 2219 RS

1 for Fisher Houses and Suites pursuant to section 2493(d) 

2 of title 10, United States Code. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8095. Of the funds appropriated in the Intel5 ligence Community Management Account for the Program 

6 Manager for the Information Sharing Environment, 

7 $20,000,000 is available for transfer by the Director of Na8 tional Intelligence to other departments and agencies for 

9 purposes of Government-wide information sharing activi10 ties: Provided, That funds transferred under this provision 

11 are to be merged with and available for the same purposes 

12 and time period as the appropriation to which transferred: 

13 Provided further, That the Office of Management and Budg14 et must approve any transfers made under this provision. 

15 SEC. 8096. Funds appropriated by this Act for oper16 ation and maintenance may be available for the purpose 

17 of making remittances to the Defense Acquisition Workforce 

18 Development Fund in accordance with the requirements of 

19 section 1705 of title 10, United States Code. 

20 SEC. 8097. (a) Any agency receiving funds made 

21 available in this Act, shall, subject to subsections (b) and 

22 (c), post on the public website of that agency any report 

23 required to be submitted by the Congress in this or any 

24 other Act, upon the determination by the head of the agency 

25 that it shall serve the national interest. 
260 

•HR 2219 RS

1 (b) Subsection (a) shall not apply to a report if— 

2 (1) the public posting of the report compromises 

3 national security; or 

4 (2) the report contains proprietary information. 

5 (c) The head of the agency posting such report shall 

6 do so only after such report has been made available to the 

7 requesting Committee or Committees of Congress for no less 

8 than 45 days. 

9 SEC. 8098. (a) None of the funds appropriated or oth10 erwise made available by this Act may be expended for any 

11 Federal contract for an amount in excess of $1,000,000, un12 less the contractor agrees not to— 

13 (1) enter into any agreement with any of its em14 ployees or independent contractors that requires, as a 

15 condition of employment, that the employee or inde16 pendent contractor agree to resolve through arbitra17 tion any claim under title VII of the Civil Rights Act 

18 of 1964 or any tort related to or arising out of sexual 

19 assault or harassment, including assault and battery, 

20 intentional infliction of emotional distress, false im21 prisonment, or negligent hiring, supervision, or reten22 tion; or 

23 (2) take any action to enforce any provision of 

24 an existing agreement with an employee or inde25 pendent contractor that mandates that the employee 
261 

•HR 2219 RS

1 or independent contractor resolve through arbitration 

2 any claim under title VII of the Civil Rights Act of 

3 1964 or any tort related to or arising out of sexual 

4 assault or harassment, including assault and battery, 

5 intentional infliction of emotional distress, false im6 prisonment, or negligent hiring, supervision, or reten7 tion. 

8 (b) None of the funds appropriated or otherwise made 

9 available by this Act may be expended for any Federal con10 tract unless the contractor certifies that it requires each cov11 ered subcontractor to agree not to enter into, and not to 

12 take any action to enforce any provision of, any agreement 

13 as described in paragraphs (1) and (2) of subsection (a), 

14 with respect to any employee or independent contractor per15 forming work related to such subcontract. For purposes of 

16 this subsection, a ‘‘covered subcontractor’’ is an entity that 

17 has a subcontract in excess of $1,000,000 on a contract sub18 ject to subsection (a). 

19 (c) The prohibitions in this section do not apply with 

20 respect to a contractor’s or subcontractor’s agreements with 

21 employees or independent contractors that may not be en22 forced in a court of the United States. 

23 (d) The Secretary of Defense may waive the applica24 tion of subsection (a) or (b) to a particular contractor or 

25 subcontractor for the purposes of a particular contract or 
262 

•HR 2219 RS

1 subcontract if the Secretary or the Deputy Secretary per2 sonally determines that the waiver is necessary to avoid 

3 harm to national security interests of the United States, 

4 and that the term of the contract or subcontract is not 

5 longer than necessary to avoid such harm. The determina6 tion shall set forth with specificity the grounds for the waiv7 er and for the contract or subcontract term selected, and 

8 shall state any alternatives considered in lieu of a waiver 

9 and the reasons each such alternative would not avoid harm 

10 to national security interests of the United States. The Sec11 retary of Defense shall transmit to Congress, and simulta12 neously make public, any determination under this sub13 section not less than 15 business days before the contract 

14 or subcontract addressed in the determination may be 

15 awarded. 

16 SEC. 8099. (a)(1) No National Intelligence Program 

17 funds appropriated in this Act may be used for a mission 

18 critical or mission essential business management informa19 tion technology system that is not registered with the Direc20 tor of National Intelligence. A system shall be considered 

21 to be registered with that officer upon the furnishing notice 

22 of the system, together with such information concerning 

23 the system as the Director of the Business Transformation 

24 Office may prescribe. 
263 

•HR 2219 RS

1 (2) During the fiscal year 2012 no funds may be obli2 gated or expended for a financial management automated 

3 information system, a mixed information system sup4 porting financial and non-financial systems, or a business 

5 system improvement of more than $3,000,000, within the 

6 Intelligence Community without the approval of the Busi7 ness Transformation Investment Review Board. 

8 (b) This section shall not apply to any programmatic 

9 or analytic systems or programmatic or analytic system 

10 improvements. 

11 SEC. 8100. None of the funds made available under 

12 this Act may be distributed to the Association of Commu13 nity Organizations for Reform Now (ACORN) or its sub14 sidiaries. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8101. From within the funds appropriated for 

17 operation and maintenance for the Defense Health Program 

18 in this Act, up to $135,631,000, shall be available for trans19 fer to the Joint Department of Defense-Department of Vet20 erans Affairs Medical Facility Demonstration Fund in ac21 cordance with the provisions of section 1704 of the National 

22 Defense Authorization Act for Fiscal Year 2010, Public Law 

23 111–84: Provided, That for purposes of section 1704(b), the 

24 facility operations funded are operations of the integrated 

25 Captain James A. Lovell Federal Health Care Center, con-
264 

•HR 2219 RS

1 sisting of the North Chicago Veterans Affairs Medical Cen2 ter, the Navy Ambulatory Care Center, and supporting fa3 cilities designated as a combined Federal medical facility 

4 as described by section 706 of Public Law 110–417: Pro5 vided further, That additional funds may be transferred 

6 from funds appropriated for operation and maintenance for 

7 the Defense Health Program to the Joint Department of De8 fense-Department of Veterans Affairs Medical Facility 

9 Demonstration Fund upon written notification by the Sec10 retary of Defense to the Committees on Appropriations of 

11 the House of Representatives and the Senate. 

12 SEC. 8102. None of the funds appropriated or other13 wise made available by this Act may be obligated or ex14 pended to pay a retired general or flag officer to serve as 

15 a senior mentor advising the Department of Defense unless 

16 such retired officer files a Standard Form 278 (or successor 

17 form concerning public financial disclosure under part 

18 2634 of title 5, Code of Federal Regulations) to the Office 

19 of Government Ethics. 

20 SEC. 8103. Appropriations available to the Depart21 ment of Defense may be used for the purchase of heavy and 

22 light armored vehicles for the physical security of personnel 

23 or for force protection purposes up to a limit of $250,000 

24 per vehicle, notwithstanding price or other limitations ap25 plicable to the purchase of passenger carrying vehicles. 
265 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8104. Of the amounts appropriated in ‘‘Oper3 ation and Maintenance, Defense-wide’’, $22,930,000 shall 

4 be available to the Secretary of Defense for transfer to 

5 ‘‘Community Development Fund’’, Department of Housing 

6 and Urban Development, to remain available until ex7 pended to address community development needs associated 

8 with the relocation of various facilities and functions eligi9 ble for assistance under title I of the Housing and Commu10 nity Development Act of 1974 (42 U.S.C. 5301 et seq.) to 

11 assist the civilian population of Guam in its response to 

12 the military buildup of Guam: Provided, That the funds 

13 shall be deemed to be Community Development Block Grant 

14 funds available under title I of the Housing and Commu15 nity Development Act of 1974 (42 U.S.C. 5301 et seq.) and 

16 shall be made available to the Guam Housing and Urban 

17 Renewal Authority: Provided further, That, in admin18 istering funds appropriated or otherwise made available 

19 under this section, the Secretary of Housing and Urban De20 velopment may waive or specify alternative requirements 

21 for any provision of any statute or regulation in connection 

22 with the obligation or the use of the funds except for require23 ments relating to fair housing, nondiscrimination, labor 

24 standards, and the environment, upon a finding that such 

25 a waiver is necessary to expedite or facilitate the use of 
266 

•HR 2219 RS

1 such funds: Provided further, That, with respect to the pre2 vious proviso, the Secretary of Housing and Urban Develop3 ment shall publish any such waiver or alternative require4 ment in the Federal Register no later than 30 days before 

5 the effective date of such waiver or alternative requirement: 

6 Provided further, That the transfer authority in this section 

7 is in addition to any other transfer authority available to 

8 the Department of Defense. 

9 SEC. 8105. Of the amounts appropriated for ‘‘Oper10 ation and Maintenance, Defense-wide’’, $10,070,000 shall 

11 be available to the Secretary of Defense for transfer to ‘‘As12 sistance to Territories’’, Department of the Interior, to re13 main available until expended, to be used to assist the civil14 ian population of Guam in its response to the military 

15 buildup of Guam: Provided, That the funds so transferred 

16 shall be available for technical assistance, as authorized by 

17 section 1469d of title 48, United States Code, involving pro18 vision of vehicles and supplies for student transportation: 

19 Provided further, That the transfer authority in this section 

20 is in addition to any other transfer authority available to 

21 the Department of Defense. 

22 SEC. 8106. None of the funds appropriated or other23 wise made available in this Act may be used to transfer, 

24 release, or assist in the transfer or release to or within the 
267 

•HR 2219 RS

1 United States, its territories, or possessions Khalid Sheikh 

2 Mohammed or any other detainee who— 

3 (1) is not a United States citizen or a member 

4 of the Armed Forces; and 

5 (2) is or was held on or after June 24, 2009, at 

6 the United States Naval Station, Guantanamo Bay, 

7 Cuba, by the Department of Defense. 

8 SEC. 8107. (a)(1) Except as provided in paragraph 

9 (2) and subsection (d), none of the funds appropriated or 

10 otherwise made available in this Act may be used to trans11 fer any individual detained at Guantanamo to the custody 

12 or effective control of the individual’s country of origin, any 

13 other foreign country, or any other foreign entity unless the 

14 Secretary of Defense submits to Congress the certification 

15 described in subsection (b) by not later than 30 days before 

16 the transfer of the individual. 

17 (2) Paragraph (1) shall not apply to any action taken 

18 by the Secretary of Defense to transfer any individual de19 tained at Guantanamo to effectuate an order affecting the 

20 disposition of the individual that is issued by a court or 

21 competent tribunal of the United States having lawful juris22 diction or a pre-trial agreement entered into before a mili23 tary commission before the date of the enactment of this 

24 Act. The Secretary of Defense shall notify Congress prompt25 ly upon issuance of any such order. 
268 

•HR 2219 RS

1 (b) The certification described in this subsection is a 

2 written certification made by the Secretary of Defense, with 

3 the concurrence of the Secretary of State, that the govern4 ment of the foreign country or the recognized leadership of 

5 the foreign entity to which the individual detained at Guan6 tanamo is to be transferred— 

7 (1) is not a designated state sponsor of terrorism 

8 or a designated foreign terrorist organization; 

9 (2) maintains effective control over each deten10 tion facility in which an individual is to be detained 

11 if the individual is to be housed in a detention facil12 ity; 

13 (3) is not, as of the date of the certification, fac14 ing a threat that is likely to substantially affect its 

15 ability to exercise control over the individual; 

16 (4) has taken or agreed to take effective steps to 

17 ensure that the individual cannot take action to 

18 threaten the United States, its citizens, or its allies in 

19 the future; 

20 (5) has taken or agreed to take such steps as the 

21 Secretary determines are necessary to ensure that the 

22 individual cannot engage or re-engage in any ter23 rorist activity; and 

24 (6) has agreed to share any information with the 

25 United States that— 
269 

•HR 2219 RS

1 (A) is related to the individual or any asso2 ciates of the individual; and 

3 (B) could affect the security of the United 

4 States, its citizens, or its allies. 

5 (c)(1) Except as provided in paragraph (2) and sub6 section (d), none of the funds appropriated or otherwise 

7 made available in this Act may be used to transfer any 

8 individual detained at Guantanamo to the custody or effec9 tive control of the individual’s country of origin, any other 

10 foreign country, or any other foreign entity if there is a 

11 confirmed case of any individual who was detained at 

12 United States Naval Station, Guantanamo Bay, Cuba, at 

13 any time after September 11, 2001, who was transferred 

14 to the foreign country or entity and subsequently engaged 

15 in any terrorist activity. 

16 (2) Paragraph (1) shall not apply to any action taken 

17 by the Secretary to transfer any individual detained at 

18 Guantanamo to effectuate an order affecting the disposition 

19 of the individual that is issued by a court or competent 

20 tribunal of the United States having lawful jurisdiction or 

21 a pre-trial agreement entered into before a military com22 mission before the date of the enactment of this Act. The 

23 Secretary shall notify Congress promptly upon issuance of 

24 any such order. 
270 

•HR 2219 RS

1 (d)(1) The Secretary of Defense may waive the appli2 cability to a detainee transfer of a certification requirement 

3 specified in paragraph (4) or (5) of subsection (b), or the 

4 prohibition in subsection (c), if the Secretary, with the con5 currence of the Secretary of State and in consultation with 

6 the Director of National Intelligence, determines that— 

7 (A) alternative actions will be taken to address 

8 the underlying purpose of the requirement or require9 ments to be waived; 

10 (B) in the case of a waiver of paragraph (4) or 

11 (5) of subsection (b), it is not possible to certify that 

12 the risks addressed in the paragraph to be waived 

13 have been completely eliminated, but the actions to be 

14 taken under subparagraph (A) will substantially 

15 mitigate such risks with regard to the individual to 

16 be transferred; 

17 (C) in the case of a waiver of subsection (c), the 

18 Secretary has considered any confirmed case in which 

19 an individual who was transferred to the country 

20 subsequently engaged in terrorist activity, and the ac21 tions to be taken under subparagraph (A) will sub22 stantially mitigate the risk of recidivism with regard 

23 to the individual to be transferred; and 

24 (D) the transfer is in the national security inter25 ests of the United States. 
271 

•HR 2219 RS

1 (2) Whenever the Secretary makes a determination 

2 under paragraph (1), the Secretary shall submit to the con3 gressional defense committees, not later than 30 days before 

4 the transfer of the individual concerned the following: 

5 (A) A copy of the determination and the waiver 

6 concerned; 

7 (B) A statement of the basis for the determina8 tion, including— 

9 (i) an explanation why the transfer is in 

10 the national security interests of the United 

11 States; and 

12 (ii) in the case of a waiver of paragraph (4) 

13 or (5) of subsection (b), an explanation why it 

14 is not possible to certify that the risks addressed 

15 in the paragraph to be waived have been com16 pletely eliminated. 

17 (C) A summary of the alternative actions to be 

18 taken to address the underlying purpose of, and to 

19 mitigate the risks addressed in, the paragraph or sub20 section to be waived. 

21 (e) In this section: 

22 (1) The term ‘‘individual detained at Guanta23 namo’’ means any individual who is located at 

24 United States Naval Station, Guantanamo Bay, 

25 Cuba, as of October 1, 2009, who— 
272 

•HR 2219 RS

1 (A) is not a citizen of the United States or 

2 a member of the Armed Forces of the United 

3 States; and 

4 (B) is— 

5 (i) in the custody or under the effective 

6 control of the Department of Defense; or 

7 (ii) otherwise under detention at 

8 United States Naval Station, Guantanamo 

9 Bay, Cuba. 

10 (2) The term ‘‘foreign terrorist organization’’ 

11 means any organization so designated by the Sec12 retary of State under section 219 of the Immigration 

13 and Nationality Act (8 U.S.C. 1189). 

14 SEC. 8108. (a) IN GENERAL.—None of the funds ap15 propriated or otherwise made available to the Department 

16 of Defense in this Act may be used to construct, renovate, 

17 or expand any facility in the United States, its territories, 

18 or possessions to house any individual detained at United 

19 States Naval Station, Guantanamo Bay, Cuba, for the pur20 poses of detention or imprisonment in the custody or under 

21 the control of the Department of Defense unless authorized 

22 by Congress. 

23 (b) EXCEPTION.—The prohibition in subsection (a) 

24 shall not apply to any modification of facilities at United 

25 States Naval Station, Guantanamo Bay, Cuba. 
273 

•HR 2219 RS

1 TITLE IX 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $7,195,335,000: Provided, That such amounts in 

7 this paragraph are designated by Congress as being for the 

8 overseas contingency operations pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985 (Public Law 99–177), as 

11 amended. 

12 MILITARY PERSONNEL, NAVY

13 For an additional amount for ‘‘Military Personnel, 

14 Navy’’, $1,259,234,000: Provided, That such amounts in 

15 this paragraph are designated by Congress as being for the 

16 overseas contingency operations pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985 (Public Law 99–177), as 

19 amended. 

20 MILITARY PERSONNEL, MARINE CORPS

21 For an additional amount for ‘‘Military Personnel, 

22 Marine Corps’’, $717,360,000: Provided, That such amounts 

23 in this paragraph are designated by Congress as being for 

24 the overseas contingency operations pursuant to section 

25 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
274 

•HR 2219 RS

1 Deficit Control Act of 1985 (Public Law 99–177), as 

2 amended. 

3 MILITARY PERSONNEL, AIR FORCE

4 For an additional amount for ‘‘Military Personnel, 

5 Air Force’’, $1,492,381,000: Provided, That such amounts 

6 in this paragraph are designated by Congress as being for 

7 the overseas contingency operations pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985 (Public Law 99–177), as 

10 amended. 

11 RESERVE PERSONNEL, ARMY

12 For an additional amount for ‘‘Reserve Personnel, 

13 Army’’, $207,162,000: Provided, That such amounts in this 

14 paragraph are designated by Congress as being for the over15 seas contingency operations pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985 (Public Law 99–177), as 

18 amended. 

19 RESERVE PERSONNEL, NAVY

20 For an additional amount for ‘‘Reserve Personnel, 

21 Navy’’, $44,530,000: Provided, That such amounts in this 

22 paragraph are designated by Congress as being for the over23 seas contingency operations pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
275 

•HR 2219 RS

1 Deficit Control Act of 1985 (Public Law 99–177), as 

2 amended. 

3 RESERVE PERSONNEL, MARINE CORPS

4 For an additional amount for ‘‘Reserve Personnel, Ma5 rine Corps’’, $25,421,000: Provided, That such amounts in 

6 this paragraph are designated by Congress as being for the 

7 overseas contingency operations pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985 (Public Law 99–177), as 

10 amended. 

11 RESERVE PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘Reserve Personnel, Air 

13 Force’’ $26,815,000: Provided, That such amounts in this 

14 paragraph are designated by Congress as being for the over15 seas contingency operations pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985 (Public Law 99–177), as 

18 amended. 

19 NATIONAL GUARD PERSONNEL, ARMY

20 For an additional amount for ‘‘National Guard Per21 sonnel, Army’’, $679,579,000: Provided, That such amounts 

22 in this paragraph are designated by Congress as being for 

23 the overseas contingency operations pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
276 

•HR 2219 RS

1 Deficit Control Act of 1985 (Public Law 99–177), as 

2 amended. 

3 NATIONAL GUARD PERSONNEL, AIR FORCE

4 For an additional amount for ‘‘National Guard Per5 sonnel, Air Force’’, $9,435,000: Provided, That such 

6 amounts in this paragraph are designated by Congress as 

7 being for the overseas contingency operations pursuant to 

8 section 251(b)(2)(A)(ii) of the Balanced Budget and Emer9 gency Deficit Control Act of 1985 (Public Law 99–177), 

10 as amended. 

11 OPERATION AND MAINTENANCE 

12 OPERATION AND MAINTENANCE, ARMY

13 For an additional amount for ‘‘Operation and Mainte14 nance, Army’’, $46,406,481,000: Provided, That such 

15 amounts in this paragraph are designated by Congress as 

16 being for the overseas contingency operations pursuant to 

17 section 251(b)(2)(A)(ii) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985 (Public Law 99–177), 

19 as amended. 

20 OPERATION AND MAINTENANCE, NAVY

21 For an additional amount for ‘‘Operation and Mainte22 nance, Navy’’, $7,670,026,000: Provided, That such 

23 amounts in this paragraph are designated by Congress as 

24 being for the overseas contingency operations pursuant to 

25 section 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
277 

•HR 2219 RS

1 gency Deficit Control Act of 1985 (Public Law 99–177), 

2 as amended. 

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Mainte5 nance, Marine Corps’’, $3,918,210,000: Provided, That such 

6 amounts in this paragraph are designated by Congress as 

7 being for the overseas contingency operations pursuant to 

8 section 251(b)(2)(A)(ii) of the Balanced Budget and Emer9 gency Deficit Control Act of 1985 (Public Law 99–177), 

10 as amended. 

11 OPERATION AND MAINTENANCE, AIR FORCE

12 For an additional amount for ‘‘Operation and Mainte13 nance, Air Force’’, $10,851,547,000: Provided, That such 

14 amounts in this paragraph are designated by Congress as 

15 being for the overseas contingency operations pursuant to 

16 section 251(b)(2)(A)(ii) of the Balanced Budget and Emer17 gency Deficit Control Act of 1985 (Public Law 99–177), 

18 as amended. 

19 OPERATION AND MAINTENANCE, DEFENSE-WIDE

20 For an additional amount for ‘‘Operation and Mainte21 nance, Defense-Wide’’, $9,219,211,000: Provided, That each 

22 amount in this section is designated by Congress as being 

23 for the overseas contingency operations pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985 (Public Law 99–177), as 
278 

•HR 2219 RS

1 amended: Provided further, That of the funds provided 

2 under this heading: Not to exceed $1,690,000,000, to remain 

3 available until September 30, 2013, for payments to reim4 burse key cooperating nations for logistical, military, and 

5 other support, including access, provided to United States 

6 military operations in support of Operation Enduring 

7 Freedom, Operation New Dawn, and post-operation Iraq 

8 border security related to the activities of the Office of Secu9 rity Cooperation in Iraq, notwithstanding any other provi10 sion of law: Provided further, That such reimbursement 

11 payments may be made in such amounts as the Secretary 

12 of Defense, with the concurrence of the Secretary of State, 

13 and in consultation with the Director of the Office of Man14 agement and Budget, may determine, in his discretion, 

15 based on documentation determined by the Secretary of De16 fense to adequately account for the support provided, and 

17 such determination is final and conclusive upon the ac18 counting officers of the United States, and 15 days fol19 lowing notification to the appropriate congressional com20 mittees: Provided further, That the requirement to provide 

21 notification shall not apply with respect to a reimburse22 ment for access based on an international agreement: Pro23 vided further, That these funds may be used for the purpose 

24 of providing specialized training and procuring supplies 

25 and specialized equipment and providing such supplies and 
279 

•HR 2219 RS

1 loaning such equipment on a non-reimbursable basis to coa2 lition forces supporting United States military operations 

3 in Afghanistan, and 15 days following notification to the 

4 appropriate congressional committees: Provided further, 

5 That the Secretary of Defense shall provide quarterly re6 ports to the congressional defense committees on the use of 

7 funds provided in this paragraph. 

8 OPERATION AND MAINTENANCE, ARMY RESERVE

9 For an additional amount for ‘‘Operation and Mainte10 nance, Army Reserve’’, $217,500,000: Provided, That such 

11 amounts in this paragraph are designated by Congress as 

12 being for the overseas contingency operations pursuant to 

13 section 251(b)(2)(A)(ii) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985 (Public Law 99–177), 

15 as amended. 

16 OPERATION AND MAINTENANCE, NAVY RESERVE

17 For an additional amount for ‘‘Operation and Mainte18 nance, Navy Reserve’’, $74,148,000: Provided, That such 

19 amounts in this paragraph are designated by Congress as 

20 being for the overseas contingency operations pursuant to 

21 section 251(b)(2)(A)(ii) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985 (Public Law 99–177), 

23 as amended. 
280 

•HR 2219 RS

1 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Marine Corps Reserve’’, $36,084,000: Provided, That 

4 such amounts in this paragraph are designated by Congress 

5 as being for the overseas contingency operations pursuant 

6 to section 251(b)(2)(A)(ii) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985 (Public Law 99– 

8 177), as amended. 

9 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

10 For an additional amount for ‘‘Operation and Mainte11 nance, Air Force Reserve’’, $142,050,000: Provided, That 

12 such amounts in this paragraph are designated by Congress 

13 as being for the overseas contingency operations pursuant 

14 to section 251(b)(2)(A)(ii) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985 (Public Law 99– 

16 177), as amended. 

17 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

18 For an additional amount for ‘‘Operation and Mainte19 nance, Army National Guard’’, $377,544,000: Provided, 

20 That such amounts in this paragraph are designated by 

21 Congress as being for the overseas contingency operations 

22 pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

23 and Emergency Deficit Control Act of 1985 (Public Law 

24 99–177), as amended. 
281 

•HR 2219 RS

1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For an additional amount for ‘‘Operation and Mainte3 nance, Air National Guard’’, $34,050,000: Provided, That 

4 such amounts in this paragraph are designated by Congress 

5 as being for the overseas contingency operations pursuant 

6 to section 251(b)(2)(A)(ii) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985 (Public Law 99– 

8 177), as amended. 

9 AFGHANISTAN INFRASTRUCTURE FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For the ‘‘Afghanistan Infrastructure Fund’’, 

12 $400,000,000, to remain available until September 30, 

13 2013: Provided, That such sums shall be available for infra14 structure projects in Afghanistan, notwithstanding any 

15 other provision of law, which shall be undertaken by the 

16 Secretary of State, unless the Secretary of State and the 

17 Secretary of Defense jointly decide that a specific project 

18 will be undertaken by the Department of Defense: Provided 

19 further, That the infrastructure referred to in the preceding 

20 proviso is in support of the counterinsurgency strategy, re21 quiring funding for facility and infrastructure projects, in22 cluding, but not limited to, water, power, and transpor23 tation projects and related maintenance and sustainment 

24 costs: Provided further, That the authority to undertake 

25 such infrastructure projects is in addition to any other au-
282 

•HR 2219 RS

1 thority to provide assistance to foreign nations: Provided 

2 further, That any projects funded by this appropriation 

3 shall be jointly formulated and concurred in by the Sec4 retary of State and Secretary of Defense: Provided further, 

5 That funds may be transferred to the Department of State 

6 for purposes of undertaking projects, which funds shall be 

7 considered to be economic assistance under the Foreign As8 sistance Act of 1961 for purposes of making available the 

9 administrative authorities contained in that Act: Provided 

10 further, That the transfer authority in the preceding proviso 

11 is in addition to any other authority available to the De12 partment of Defense to transfer funds: Provided further, 

13 That any unexpended funds transferred to the Secretary of 

14 State under this authority shall be returned to the Afghani15 stan Infrastructure Fund if the Secretary of State, in co16 ordination with the Secretary of Defense, determines that 

17 the project cannot be implemented for any reason, or that 

18 the project no longer supports the counterinsurgency strat19 egy in Afghanistan: Provided further, That any funds re20 turned to the Secretary of Defense under the previous pro21 viso shall be available for use under this appropriation and 

22 shall be treated in the same manner as funds not transferred 

23 to the Secretary of State: Provided further, That contribu24 tions of funds for the purposes provided herein to the Sec25 retary of State in accordance with section 635(d) of the For-
283 

•HR 2219 RS

1 eign Assistance Act from any person, foreign government, 

2 or international organization may be credited to this Fund, 

3 to remain available until expended, and used for such pur4 poses: Provided further, That the Secretary of Defense shall, 

5 not fewer than 15 days prior to making transfers to or from, 

6 or obligations from the Fund, notify the appropriate com7 mittees of Congress in writing of the details of any such 

8 transfer: Provided further, That the ‘‘appropriate commit9 tees of Congress’’ are the Committees on Armed Services, 

10 Foreign Relations and Appropriations of the Senate and 

11 the Committees on Armed Services, Foreign Affairs and Ap12 propriations of the House of Representatives: Provided fur13 ther, That such amounts in this paragraph are designated 

14 by Congress as being for the overseas contingency operations 

15 pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

16 and Emergency Deficit Control Act of 1985 (Public Law 

17 99–177), as amended. 

18 AFGHANISTAN SECURITY FORCES FUND

19 For the ‘‘Afghanistan Security Forces Fund’’, 

20 $11,200,000,000, to remain available until September 30, 

21 2013: Provided, That such funds shall be available to the 

22 Secretary of Defense, notwithstanding any other provision 

23 of law, for the purpose of allowing the Commander, Com24 bined Security Transition Command—Afghanistan, or the 

25 Secretary’s designee, to provide assistance, with the concur-
284 

•HR 2219 RS

1 rence of the Secretary of State, to the security forces of Af2 ghanistan, including the provision of equipment, supplies, 

3 services, training, facility and infrastructure repair, ren4 ovation, and construction, and funding: Provided further, 

5 That the authority to provide assistance under this heading 

6 is in addition to any other authority to provide assistance 

7 to foreign nations: Provided further, That contributions of 

8 funds for the purposes provided herein from any person, 

9 foreign government, or international organization may be 

10 credited to this Fund and used for such purposes: Provided 

11 further, That the Secretary of Defense shall notify the con12 gressional defense committees in writing upon the receipt 

13 and upon the obligation of any contribution, delineating 

14 the sources and amounts of the funds received and the spe15 cific use of such contributions: Provided further, That the 

16 Secretary of Defense shall, not fewer than 15 days prior 

17 to obligating from this appropriation account, notify the 

18 congressional defense committees in writing of the details 

19 of any such obligation: Provided further, That the Secretary 

20 of Defense shall notify the congressional defense committees 

21 of any proposed new projects or transfer of funds between 

22 budget sub-activity groups in excess of $20,000,000: Pro23 vided further, That such amounts in this paragraph are 

24 designated by Congress as being for the overseas contingency 

25 operations pursuant to section 251(b)(2)(A)(ii) of the Bal-
285 

•HR 2219 RS

1 anced Budget and Emergency Deficit Control Act of 1985 

2 (Public Law 99–177), as amended. 

3 PROCUREMENT 

4 AIRCRAFT PROCUREMENT, ARMY

5 For an additional amount for ‘‘Aircraft Procurement, 

6 Army’’, $1,137,381,000, to remain available until Sep7 tember 30, 2014: Provided, That such amounts in this para8 graph are designated by Congress as being for the overseas 

9 contingency operations pursuant to section 251(b)(2)(A)(ii) 

10 of the Balanced Budget and Emergency Deficit Control Act 

11 of 1985 (Public Law 99–177), as amended. 

12 MISSILE PROCUREMENT, ARMY

13 For an additional amount for ‘‘Missile Procurement, 

14 Army’’, $126,556,000, to remain available until September 

15 30, 2014: Provided, That such amounts in this paragraph 

16 are designated by Congress as being for the overseas contin17 gency operations pursuant to section 251(b)(2)(A)(ii) of the 

18 Balanced Budget and Emergency Deficit Control Act of 

19 1985 (Public Law 99–177), as amended. 

20 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

21 VEHICLES, ARMY

22 For an additional amount for ‘‘Procurement of Weap23 ons and Tracked Combat Vehicles, Army’’, $130,141,000, to 

24 remain available until September 30, 2014: Provided, That 

25 such amounts in this paragraph are designated by Congress 
286 

•HR 2219 RS

1 as being for the overseas contingency operations pursuant 

2 to section 251(b)(2)(A)(ii) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985 (Public Law 99– 

4 177), as amended. 

5 PROCUREMENT OF AMMUNITION, ARMY

6 For an additional amount for ‘‘Procurement of Am7 munition, Army’’, $208,381,000, to remain available until 

8 September 30, 2014: Provided, That such amounts in this 

9 paragraph are designated by Congress as being for the over10 seas contingency operations pursuant to section 

11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985 (Public Law 99–177), as 

13 amended. 

14 OTHER PROCUREMENT, ARMY

15 For an additional amount for ‘‘Other Procurement, 

16 Army’’, $2,326,376,000, to remain available until Sep17 tember 30, 2014: Provided, That such amounts in this para18 graph are designated by Congress as being for the overseas 

19 contingency operations pursuant to section 251(b)(2)(A)(ii) 

20 of the Balanced Budget and Emergency Deficit Control Act 

21 of 1985 (Public Law 99–177), as amended. 

22 AIRCRAFT PROCUREMENT, NAVY

23 For an additional amount for ‘‘Aircraft Procurement, 

24 Navy’’, $750,633,000, to remain available until September 

25 30, 2014: Provided, That such amounts in this paragraph 
287 

•HR 2219 RS

1 are designated by Congress as being for the overseas contin2 gency operations pursuant to section 251(b)(2)(A)(ii) of the 

3 Balanced Budget and Emergency Deficit Control Act of 

4 1985 (Public Law 99–177), as amended. 

5 WEAPONS PROCUREMENT, NAVY

6 For an additional amount for ‘‘Weapons Procurement, 

7 Navy’’, $41,070,000, to remain available until September 

8 30, 2014: Provided, That such amounts in this paragraph 

9 are designated by Congress as being for the overseas contin10 gency operations pursuant to section 251(b)(2)(A)(ii) of the 

11 Balanced Budget and Emergency Deficit Control Act of 

12 1985 (Public Law 99–177), as amended. 

13 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

14 CORPS

15 For an additional amount for ‘‘Procurement of Am16 munition, Navy and Marine Corps’’, $317,100,000, to re17 main available until September 30, 2014: Provided, That 

18 such amounts in this paragraph are designated by Congress 

19 as being for the overseas contingency operations pursuant 

20 to section 251(b)(2)(A)(ii) of the Balanced Budget and 

21 Emergency Deficit Control Act of 1985 (Public Law 99– 

22 177), as amended. 

23 OTHER PROCUREMENT, NAVY

24 For an additional amount for ‘‘Other Procurement, 

25 Navy’’, $259,881,000, to remain available until September 
288 

•HR 2219 RS

1 30, 2014: Provided, That such amounts in this paragraph 

2 are designated by Congress as being for the overseas contin3 gency operations pursuant to section 251(b)(2)(A)(ii) of the 

4 Balanced Budget and Emergency Deficit Control Act of 

5 1985 (Public Law 99–177), as amended. 

6 PROCUREMENT, MARINE CORPS

7 For an additional amount for ‘‘Procurement, Marine 

8 Corps’’, $1,233,996,000, to remain available until Sep9 tember 30, 2014: Provided, That such amounts in this para10 graph are designated by Congress as being for the overseas 

11 contingency operations pursuant to section 251(b)(2)(A)(ii) 

12 of the Balanced Budget and Emergency Deficit Control Act 

13 of 1985 (Public Law 99–177), as amended. 

14 AIRCRAFT PROCUREMENT, AIR FORCE

15 For an additional amount for ‘‘Aircraft Procurement, 

16 Air Force’’, $1,299,777,000, to remain available until Sep17 tember 30, 2014: Provided, That such amounts in this para18 graph are designated by Congress as being for the overseas 

19 contingency operations pursuant to section 251(b)(2)(A)(ii) 

20 of the Balanced Budget and Emergency Deficit Control Act 

21 of 1985 (Public Law 99–177), as amended. 

22 MISSILE PROCUREMENT, AIR FORCE

23 For an additional amount for ‘‘Missile Procurement, 

24 Air Force’’, $28,420,000, to remain available until Sep25 tember 30, 2014: Provided, That such amounts in this para-
289 

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1 graph are designated by Congress as being for the overseas 

2 contingency operations pursuant to section 251(b)(2)(A)(ii) 

3 of the Balanced Budget and Emergency Deficit Control Act 

4 of 1985 (Public Law 99–177), as amended. 

5 PROCUREMENT OF AMMUNITION, AIR FORCE

6 For an additional amount for ‘‘Procurement of Am7 munition, Air Force’’, $92,510,000, to remain available 

8 until September 30, 2014: Provided, That such amounts in 

9 this paragraph are designated by Congress as being for the 

10 overseas contingency operations pursuant to section 

11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985 (Public Law 99–177), as 

13 amended. 

14 OTHER PROCUREMENT, AIR FORCE

15 For an additional amount for ‘‘Other Procurement, 

16 Air Force’’, $3,194,641,000, to remain available until Sep17 tember 30, 2014: Provided, That such amounts in this para18 graph are designated by Congress as being for the overseas 

19 contingency operations pursuant to section 251(b)(2)(A)(ii) 

20 of the Balanced Budget and Emergency Deficit Control Act 

21 of 1985 (Public Law 99–177), as amended. 

22 PROCUREMENT, DEFENSE-WIDE

23 For an additional amount for ‘‘Procurement, Defense24 Wide’’, $426,668,000, to remain available until September 

25 30, 2014: Provided, That such amounts in this paragraph 
290 

•HR 2219 RS

1 are designated by Congress as being for the overseas contin2 gency operations pursuant to section 251(b)(2)(A)(ii) of the 

3 Balanced Budget and Emergency Deficit Control Act of 

4 1985 (Public Law 99–177), as amended. 

5 NATIONAL GUARD AND RESERVE EQUIPMENT

6 For procurement of aircraft, missiles, tracked combat 

7 vehicles, ammunition, other weapons and other procure8 ment for the reserve components of the Armed Forces, 

9 $500,000,000, to remain available for obligation until Sep10 tember 30, 2014: Provided, That the Chiefs of National 

11 Guard and Reserve components shall, not later than 30 

12 days after the enactment of this Act, individually submit 

13 to the congressional defense committees the modernization 

14 priority assessment for their respective National Guard or 

15 Reserve component: Provided further, That such amounts 

16 in this paragraph are designated by Congress as being for 

17 the overseas contingency operations pursuant to section 

18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985 (Public Law 99–177), as 

20 amended. 

21 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Mine Resistant Ambush Protected Vehicle 

24 Fund, $3,445,170,000, to remain available until September 

25 30, 2013: Provided, That such funds shall be available to 
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•HR 2219 RS

1 the Secretary of Defense, notwithstanding any other provi2 sion of law, to procure, sustain, transport, and field Mine 

3 Resistant Ambush Protected vehicles: Provided further, That 

4 the Secretary shall transfer such funds only to appropria5 tions made available in this or any other Act for operation 

6 and maintenance; procurement; research, development, test 

7 and evaluation; and defense working capital funds to ac8 complish the purpose provided herein: Provided further, 

9 That such transferred funds shall be merged with and be 

10 available for the same purposes and the same time period 

11 as the appropriation to which transferred: Provided further, 

12 That this transfer authority is in addition to any other 

13 transfer authority available to the Department of Defense: 

14 Provided further, That the Secretary shall, not fewer than 

15 10 days prior to making transfers from this appropriation, 

16 notify the congressional defense committees in writing of 

17 the details of any such transfer: Provided further, That such 

18 amounts in this paragraph are designated by Congress as 

19 being for the overseas contingency operations pursuant to 

20 section 251(b)(2)(A)(ii) of the Balanced Budget and Emer21 gency Deficit Control Act of 1985 (Public Law 99–177), 

22 as amended. 
292 

•HR 2219 RS

1 RESEARCH, DEVELOPMENT, TEST AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

4 For an additional amount for ‘‘Research, Develop5 ment, Test and Evaluation, Army’’, $18,513,000, to remain 

6 available until September 30, 2013: Provided, That such 

7 amounts in this paragraph are designated by Congress as 

8 being for the overseas contingency operations pursuant to 

9 section 251(b)(2)(A)(ii) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985 (Public Law 99–177), 

11 as amended. 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

13 For an additional amount for ‘‘Research, Develop14 ment, Test and Evaluation, Navy’’, $158,484,000, to re15 main available until September 30, 2013: Provided, That 

16 such amounts in this paragraph are designated by Congress 

17 as being for the overseas contingency operations pursuant 

18 to section 251(b)(2)(A)(ii) of the Balanced Budget and 

19 Emergency Deficit Control Act of 1985 (Public Law 99– 

20 177), as amended. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

22 FORCE

23 For an additional amount for ‘‘Research, Develop24 ment, Test and Evaluation, Air Force’’, $207,600,000, to 

25 remain available until September 30, 2013: Provided, That 
293 

•HR 2219 RS

1 such amounts in this paragraph are designated by Congress 

2 as being for the overseas contingency operations pursuant 

3 to section 251(b)(2)(A)(ii) of the Balanced Budget and 

4 Emergency Deficit Control Act of 1985 (Public Law 99– 

5 177), as amended. 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 DEFENSE-WIDE

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Defense-Wide’’, $197,361,000, 

10 to remain available until September 30, 2013: Provided, 

11 That such amounts in this paragraph are designated by 

12 Congress as being for the overseas contingency operations 

13 pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

14 and Emergency Deficit Control Act of 1985 (Public Law 

15 99–177), as amended. 

16 REVOLVING AND MANAGEMENT FUNDS 

17 DEFENSE WORKING CAPITAL FUNDS

18 For an additional amount for ‘‘Defense Working Cap19 ital Funds’’, $396,513,000: Provided, That such amounts 

20 in this paragraph are designated by Congress as being for 

21 the overseas contingency operations pursuant to section 

22 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985 (Public Law 99–177), as 

24 amended. 
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•HR 2219 RS

1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

2 DEFENSE HEALTH PROGRAM

3 For an additional amount for ‘‘Defense Health Pro4 gram’’, $1,228,288,000, which shall be for operation and 

5 maintenance, to remain available until September 30, 

6 2012: Provided, That such amounts in this paragraph are 

7 designated by Congress as being for the overseas contingency 

8 operations pursuant to section 251(b)(2)(A)(ii) of the Bal9 anced Budget and Emergency Deficit Control Act of 1985 

10 (Public Law 99–177), as amended. 

11 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

12 DEFENSE

13 For an additional amount for ‘‘Drug Interdiction and 

14 Counter-Drug Activities, Defense’’, $463,458,000, to remain 

15 available until September 30, 2013: Provided, That such 

16 amounts in this paragraph are designated by Congress as 

17 being for the overseas contingency operations pursuant to 

18 section 251(b)(2)(A)(ii) of the Balanced Budget and Emer19 gency Deficit Control Act of 1985 (Public Law 99–177), 

20 as amended. 

21 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For the ‘‘Joint Improvised Explosive Device Defeat 

24 Fund’’, $2,441,984,000, to remain available until Sep25 tember 30, 2014: Provided, That such funds shall be avail-
295 

•HR 2219 RS

1 able to the Secretary of Defense, notwithstanding any other 

2 provision of law, for the purpose of allowing the Director 

3 of the Joint Improvised Explosive Device Defeat Organiza4 tion to investigate, develop and provide equipment, sup5 plies, services, training, facilities, personnel and funds to 

6 assist United States forces in the defeat of improvised explo7 sive devices: Provided further, That the Secretary of Defense 

8 may transfer funds provided herein to appropriations for 

9 military personnel; operation and maintenance; procure10 ment; research, development, test and evaluation; and de11 fense working capital funds to accomplish the purpose pro12 vided herein: Provided further, That this transfer authority 

13 is in addition to any other transfer authority available to 

14 the Department of Defense: Provided further, That the Sec15 retary of Defense shall, not fewer than 15 days prior to 

16 making transfers from this appropriation, notify the con17 gressional defense committees in writing of the details of 

18 any such transfer: Provided further, That such amounts in 

19 this paragraph are designated by Congress as being for the 

20 overseas contingency operations pursuant to section 

21 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985 (Public Law 99–177), as 

23 amended. 
296 

•HR 2219 RS

1 OFFICE OF THE INSPECTOR GENERAL

2 For an additional amount for the ‘‘Office of the Inspec3 tor General’’, $11,055,000: Provided, That such amounts in 

4 this paragraph are designated by Congress as being for the 

5 overseas contingency operations pursuant to section 

6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985 (Public Law 99–177), as 

8 amended. 

9 GENERAL PROVISIONS—THIS TITLE 

10 SEC. 9001. Notwithstanding any other provision of 

11 law, funds made available in this title are in addition to 

12 amounts appropriated or otherwise made available for the 

13 Department of Defense for fiscal year 2012. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 9002. Upon the determination of the Secretary 

16 of Defense that such action is necessary in the national in17 terest, the Secretary may, with the approval of the Office 

18 of Management and Budget, transfer up to $4,000,000,000 

19 between the appropriations or funds made available to the 

20 Department of Defense in this title: Provided, That the Sec21 retary shall notify the Congress promptly of each transfer 

22 made pursuant to the authority in this section: Provided 

23 further, That the authority provided in this section is in 

24 addition to any other transfer authority available to the 

25 Department of Defense and is subject to the same terms and 
297 

•HR 2219 RS

1 conditions as the authority provided in the Department of 

2 Defense Appropriations Act, 2012. 

3 SEC. 9003. Supervision and administration costs asso4 ciated with a construction project funded with appropria5 tions available for operation and maintenance, ‘‘Afghani6 stan Infrastructure Fund’’, or the ‘‘Afghanistan Security 

7 Forces Fund’’ provided in this Act and executed in direct 

8 support of overseas contingency operations in Afghanistan, 

9 may be obligated at the time a construction contract is 

10 awarded: Provided, That for the purpose of this section, su11 pervision and administration costs include all in-house 

12 Government costs. 

13 SEC. 9004. From funds made available in this title, 

14 the Secretary of Defense may purchase for use by military 

15 and civilian employees of the Department of Defense in the 

16 U.S. Central Command area of responsibility: (a) passenger 

17 motor vehicles up to a limit of $75,000 per vehicle; and 

18 (b) heavy and light armored vehicles for the physical secu19 rity of personnel or for force protection purposes up to a 

20 limit of $250,000 per vehicle, notwithstanding price or 

21 other limitations applicable to the purchase of passenger 

22 carrying vehicles. 

23 SEC. 9005. Not to exceed $400,000,000 of the amount 

24 appropriated in this title under the heading ‘‘Operation 

25 and Maintenance, Army’’ may be used, notwithstanding 
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•HR 2219 RS

1 any other provision of law, to fund the Commander’s Emer2 gency Response Program (CERP), for the purpose of ena3 bling military commanders in Afghanistan to respond to 

4 urgent, small-scale, humanitarian relief and reconstruction 

5 requirements within their areas of responsibility: Provided, 

6 That each project (including any ancillary or related ele7 ments in connection with such project) executed under this 

8 authority shall not exceed $20,000,000: Provided further, 

9 That not later than 45 days after the end of each fiscal 

10 year quarter, the Secretary of Defense shall submit to the 

11 congressional defense committees a report regarding the 

12 source of funds and the allocation and use of funds during 

13 that quarter that were made available pursuant to the au14 thority provided in this section or under any other provi15 sion of law for the purposes described herein: Provided fur16 ther, That, not later than 30 days after the end of each 

17 month, the Army shall submit to the congressional defense 

18 committees monthly commitment, obligation, and expendi19 ture data for the Commander’s Emergency Response Pro20 gram in Afghanistan: Provided further, That not less than 

21 15 days before making funds available pursuant to the au22 thority provided in this section or under any other provi23 sion of law for the purposes described herein for a project 

24 with a total anticipated cost for completion of $5,000,000 

25 or more, the Secretary shall submit to the congressional de-
299 

•HR 2219 RS

1 fense committees a written notice containing each of the fol2 lowing: 

3 (1) The location, nature and purpose of the pro4 posed project, including how the project is intended to 

5 advance the military campaign plan for the country 

6 in which it is to be carried out. 

7 (2) The budget, implementation timeline with 

8 milestones, and completion date for the proposed 

9 project, including any other CERP funding that has 

10 been or is anticipated to be contributed to the comple11 tion of the project. 

12 (3) A plan for the sustainment of the proposed 

13 project, including the agreement with either the host 

14 nation, a non-Department of Defense agency of the 

15 United States Government or a third-party contrib16 utor to finance the sustainment of the activities and 

17 maintenance of any equipment or facilities to be pro18 vided through the proposed project. 

19 SEC. 9006. Funds available to the Department of De20 fense for operation and maintenance may be used, notwith21 standing any other provision of law, to provide supplies, 

22 services, transportation, including airlift and sealift, and 

23 other logistical support to coalition forces supporting mili24 tary and stability operations in Iraq and Afghanistan: Pro25 vided, That the Secretary of Defense shall provide quarterly 
300 

•HR 2219 RS

1 reports to the congressional defense committees regarding 

2 support provided under this section. 

3 SEC. 9007. None of the funds appropriated or other4 wise made available by this or any other Act shall be obli5 gated or expended by the United States Government for a 

6 purpose as follows: 

7 (1) To establish any military installation or base 

8 for the purpose of providing for the permanent sta9 tioning of United States Armed Forces in Iraq. 

10 (2) To exercise United States control over any 

11 oil resource of Iraq. 

12 (3) To establish any military installation or base 

13 for the purpose of providing for the permanent sta14 tioning of United States Armed Forces in Afghani15 stan. 

16 SEC. 9008. None of the funds made available in this 

17 Act may be used in contravention of the following laws en18 acted or regulations promulgated to implement the United 

19 Nations Convention Against Torture and Other Cruel, In20 human or Degrading Treatment or Punishment (done at 

21 New York on December 10, 1984): 

22 (1) Section 2340A of title 18, United States 

23 Code. 

24 (2) Section 2242 of the Foreign Affairs Reform 

25 and Restructuring Act of 1998 (division G of Public 
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•HR 2219 RS

1 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

2 note) and regulations prescribed thereto, including 

3 regulations under part 208 of title 8, Code of Federal 

4 Regulations, and part 95 of title 22, Code of Federal 

5 Regulations. 

6 (3) Sections 1002 and 1003 of the Department of 

7 Defense, Emergency Supplemental Appropriations to 

8 Address Hurricanes in the Gulf of Mexico, and Pan9 demic Influenza Act, 2006 (Public Law 109–148). 

10 SEC. 9009. None of the funds provided for the ‘‘Afghan11 istan Security Forces Fund’’ (ASFF) may be obligated for 

12 a revised spend plan prior to the meeting and approval of 

13 the Afghanistan Resources Oversight Council (AROC) of the 

14 Department of Defense: Provided, That the AROC must re15 view and approve the requirement and acquisition plan for 

16 any contract or task order in excess of $10,000,000 using 

17 ASFF: Provided further, That in approving the acquisition 

18 plan, the AROC shall consider the extent of competition for 

19 the purchase, any relevant qualifications or requirements 

20 for eligible contractors for the purchase, the adequacy of 

21 steps to ensure that the purchase meets cost, schedule, and 

22 performance requirements, and the adequacy of steps to 

23 manage and oversee contractor performance: Provided fur24 ther, That the AROC must review and approve all projects 

25 and contracting under the ‘‘Afghanistan Infrastructure 
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•HR 2219 RS

1 Fund’’ (AIF) and any project in excess of $1,000,000 from 

2 the Commanders Emergency Response Program (CERP): 

3 Provided further, That the Department of Defense must cer4 tify to the congressional defense committees that the AROC 

5 has convened and approved a process for ensuring compli6 ance with the requirements in the preceding provisos for 

7 the ASFF, AIF, and CERP. 

8 SEC. 9010. (a) FUNDING FOR OUTREACH AND RE9 INTEGRATION SERVICES UNDER YELLOW RIBBON RE10 INTEGRATION PROGRAM.—Of the amounts appropriated or 

11 otherwise made available by title IX, up to $20,000,000 

12 may be available for outreach and reintegration services 

13 under the Yellow Ribbon Reintegration Program under sec14 tion 582(h) of the National Defense Authorization Act for 

15 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 125; 10 

16 U.S.C. 10101 note). 

17 (b) SUPPLEMENT NOT SUPPLANT.—The amount made 

18 available by subsection (a) for the services described in that 

19 subsection is in addition to any other amounts available 

20 in this Act for such services. 

21 SEC. 9011. Funds made available in this title to the 

22 Department of Defense for operation and maintenance may 

23 be used to purchase items having an investment unit cost 

24 of not more than $250,000: Provided, That, upon deter25 mination by the Secretary of Defense that such action is 
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•HR 2219 RS

1 necessary to meet the operational requirements of a Com2 mander of a Combatant Command engaged in contingency 

3 operations overseas, such funds may be used to purchase 

4 items having an investment item unit cost of not more than 

5 $500,000. 

6 SEC. 9012. Notwithstanding any other provision of 

7 law, up to $150,000,000 of funds made available in this 

8 title under the heading ‘‘Operation and Maintenance, 

9 Army’’ may be obligated and expended for purposes of the 

10 Task Force for Business and Stability Operations, subject 

11 to the direction and control of the Secretary of Defense, with 

12 concurrence of the Secretary of State, to carry out strategic 

13 business and economic assistance activities in Afghanistan 

14 in support of Operation Enduring Freedom: Provided, That 

15 not less than 15 days before making funds available pursu16 ant to the authority provided in this section, the Secretary 

17 shall submit to the congressional defense committees a writ18 ten notice containing a detailed justification and timeline 

19 for each proposed project. 

20 SEC. 9013. From funds made available to the Depart21 ment of Defense in this title under the heading ‘‘Operation 

22 and Maintenance, Air Force’’ up to $524,000,000 may be 

23 used by the Secretary of Defense, notwithstanding any other 

24 provision of law, to support United States Government 

25 transition activities in Iraq by funding the operations and 
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•HR 2219 RS

1 activities of the Office of Security Cooperation in Iraq and 

2 security assistance teams, including life support, transpor3 tation and personal security, and facilities renovation and 

4 construction: Provided, That not less than 15 days before 

5 making funds available pursuant to the authority provided 

6 in this section, the Secretary shall submit to the congres7 sional defense committees a written notice containing a de8 tailed justification and timeline for each proposed site. 

9 SEC. 9014. The amounts appropriated in title IX of 

10 this Act are hereby reduced by $5,000,000,000 to reflect re11 duced troop strength in theater: Provided, That the reduc12 tions shall be applied to the military personnel and oper13 ation and maintenance appropriations only: Provided fur14 ther, That the Secretary of Defense shall, not fewer than 

15 15 days prior to reducing funds for this purpose, notify 

16 the congressional defense committees in writing of the de17 tails of any such reduction by appropriation and budget 

18 line item. 

19 SEC. 9015. Of the funds appropriated in Department 

20 of Defense Appropriations Acts, the following funds are 

21 hereby rescinded from the following accounts and programs 

22 in the specified amounts: 

23 ‘‘Overseas Contingency Operations Transfer 

24 Fund, 2010’’, $356,810,000; 
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•HR 2219 RS

1 ‘‘Procurement of Ammunition, Army, 2010/ 

2 2012’’, $21,000,000; 

3 ‘‘Other Procurement, Air Force, 2010/2012’’, 

4 $2,250,000. 

5 This Act may be cited as the ‘‘Department of Defense 

6 Appropriations Act, 2012’’. 
Calendar No. 169 

112TH CONGRESS 

1ST SESSION H. R. 2219 

[Report No. 112–77] 

AN ACT 

Making appropriations for the Department of De2012, and for other purposes. fense for the fiscal year ending September 30, 

JULY 11, 2011 

Received; read twice and referred to the Committee on 

Appropriations 

SEPTEMBER 15, 2011 

Reported with an amendment