IB 

Union Calendar No. 64 

112TH CONGRESS 

1ST SESSION H. R. 2219 

[Report No. 112–110] 

Making appropriations for the Department of Defense for the fiscal year 

ending September 30, 2012, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2011 

Mr. YOUNG of Florida, from the Committee on Appropriations, reported the 

following bill; which was committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of Defense for 

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

purposes. 


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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: 

8 TITLE I 

9 MILITARY PERSONNEL 

10 MILITARY PERSONNEL, ARMY

11 For pay, allowances, individual clothing, subsistence, 

12 interest on deposits, gratuities, permanent change of sta13 tion travel (including all expenses thereof for organiza14 tional movements), and expenses of temporary duty travel 

15 between permanent duty stations, for members of the 

16 Army on active duty, (except members of reserve compo17 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

20 377, as amended (42 U.S.C. 402 note), and to the Depart21 ment of Defense Military Retirement Fund, 

22 $43,859,709,000. 

23 MILITARY PERSONNEL, NAVY

24 For pay, allowances, individual clothing, subsistence, 

25 interest on deposits, gratuities, permanent change of staVerDate Mar 15 2010 23:11 Jun 16, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RH H2219

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1 tion travel (including all expenses thereof for organiza2 tional movements), and expenses of temporary duty travel 

3 between permanent duty stations, for members of the 

4 Navy on active duty (except members of the Reserve pro5 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

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

10 MILITARY PERSONNEL, MARINE CORPS

11 For pay, allowances, individual clothing, subsistence, 

12 interest on deposits, gratuities, permanent change of sta13 tion travel (including all expenses thereof for organiza14 tional movements), and expenses of temporary duty travel 

15 between permanent duty stations, for members of the Ma16 rine Corps on active duty (except members of the Reserve 

17 provided for elsewhere); and for payments pursuant to sec18 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

19 402 note), and to the Department of Defense Military Re20 tirement Fund, $13,480,436,000. 

21 MILITARY PERSONNEL, AIR FORCE

22 For pay, allowances, individual clothing, subsistence, 

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


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1 between permanent duty stations, for members of the Air 

2 Force on active duty (except members of reserve compo3 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

6 377, as amended (42 U.S.C. 402 note), and to the Depart7 ment of Defense Military Retirement Fund, 

8 $28,264,646,000. 

9 RESERVE PERSONNEL, ARMY

10 For pay, allowances, clothing, subsistence, gratuities, 

11 travel, and related expenses for personnel of the Army Re12 serve on active duty under sections 10211, 10302, and 

13 3038 of title 10, United States Code, or while serving on 

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

15 States Code, in connection with performing duty specified 

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

17 while undergoing reserve training, or while performing 

18 drills or equivalent duty or other duty, and expenses au19 thorized by section 16131 of title 10, United States Code; 

20 and for payments to the Department of Defense Military 

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

22 RESERVE PERSONNEL, NAVY

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

24 travel, and related expenses for personnel of the Navy Re25 serve on active duty under section 10211 of title 10, 


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

2 section 12301(d) of title 10, United States Code, in con3 nection with performing duty specified in section 12310(a) 

4 of title 10, United States Code, or while undergoing re5 serve training, or while performing drills or equivalent 

6 duty, and expenses authorized by section 16131 of title 

7 10, United States Code; and for payments to the Depart8 ment of Defense Military Retirement Fund, 

9 $1,948,544,000. 

10 RESERVE PERSONNEL, MARINE CORPS

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

12 travel, and related expenses for personnel of the Marine 

13 Corps Reserve on active duty under section 10211 of title 

14 10, United States Code, or while serving on active duty 

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

16 in connection with performing duty specified in section 

17 12310(a) of title 10, United States Code, or while under18 going reserve training, or while performing drills or equiv19 alent duty, and for members of the Marine Corps platoon 

20 leaders class, and expenses authorized by section 16131 

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

22 Department of Defense Military Retirement Fund, 

23 $645,422,000. 


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1 RESERVE PERSONNEL, AIR FORCE

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

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

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

5 8038 of title 10, United States Code, or while serving on 

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

7 States Code, in connection with performing duty specified 

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

9 while undergoing reserve training, or while performing 

10 drills or equivalent duty or other duty, and expenses au11 thorized by section 16131 of title 10, United States Code; 

12 and for payments to the Department of Defense Military 

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

14 NATIONAL GUARD PERSONNEL, ARMY

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

16 travel, and related expenses for personnel of the Army Na17 tional Guard while on duty under section 10211, 10302, 

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

19 States Code, or while serving on duty under section 

20 12301(d) of title 10 or section 502(f) of title 32, United 

21 States Code, in connection with performing duty specified 

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

23 while undergoing training, or while performing drills or 

24 equivalent duty or other duty, and expenses authorized by 

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1 ments to the Department of Defense Military Retirement 

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

3 NATIONAL GUARD PERSONNEL, AIR FORCE

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

5 travel, and related expenses for personnel of the Air Na6 tional Guard on duty under section 10211, 10305, or 

7 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 $3,099,629,000. 

17 TITLE II 

18 OPERATION AND MAINTENANCE 

19 OPERATION AND MAINTENANCE, ARMY

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance of the Army, as author22 ized by law; and not to exceed $12,478,000 can be used 

23 for emergencies and extraordinary expenses, to be ex24 pended on the approval or authority of the Secretary of 

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


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1 of necessity for confidential military purposes, 

2 $34,581,321,000. 

3 OPERATION AND MAINTENANCE, NAVY

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance of the Navy and the 

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

7 $14,804,000 can be used for emergencies and extraor8 dinary expenses, to be expended on the approval or author9 ity of the Secretary of the Navy, and payments may be 

10 made on his certificate of necessity for confidential mili11 tary purposes, $39,385,685,000. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Marine Corps, 

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

16 OPERATION AND MAINTENANCE, AIR FORCE

17 For expenses, not otherwise provided for, necessary 

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

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

20 used for emergencies and extraordinary expenses, to be ex21 pended on the approval or authority of the Secretary of 

22 the Air Force, and payments may be made on his certifi23 cate of necessity for confidential military purposes, 

24 $36,065,107,000. 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary 

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

6 departments), as authorized by law, $30,682,265,000: 

7 Provided, That not more than $47,026,000 may be used 

8 for the Combatant Commander Initiative Fund authorized 

9 under section 166a of title 10, United States Code: Pro10 vided further, That not to exceed $36,000,000 can be used 

11 for emergencies and extraordinary expenses, to be ex12 pended on the approval or authority of the Secretary of 

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

14 necessity for confidential military purposes: Provided fur15 ther, That of the funds provided under this heading, not 

16 less than $34,311,000 shall be made available for the Pro17 curement Technical Assistance Cooperative Agreement 

18 Program, of which not less than $3,600,000 shall be avail19 able for centers defined in 10 U.S.C. 2411(1)(D): Pro20 vided further, That none of the funds appropriated or oth21 erwise made available by this Act may be used to plan 

22 or implement the consolidation of a budget or appropria23 tions liaison office of the Office of the Secretary of De24 fense, the office of the Secretary of a military department, 

25 or the service headquarters of one of the Armed Forces 


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1 into a legislative affairs or legislative liaison office: Pro2 vided further, That $8,420,000, to remain available until 

3 expended, is available only for expenses relating to certain 

4 classified activities, and may be transferred as necessary 

5 by the Secretary of Defense to operation and maintenance 

6 appropriations or research, development, test and evalua7 tion appropriations, to be merged with and to be available 

8 for the same time period as the appropriations to which 

9 transferred: Provided further, That any ceiling on the in10 vestment item unit cost of items that may be purchased 

11 with operation and maintenance funds shall not apply to 

12 the funds described in the preceding proviso: Provided fur13 ther, That the transfer authority provided under this head14 ing is in addition to any other transfer authority provided 

15 elsewhere in this Act. 

16 OPERATION AND MAINTENANCE, ARMY RESERVE

17 For expenses, not otherwise provided for, necessary 

18 for the operation and maintenance, including training, or19 ganization, and administration, of the Army 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, $3,047,033,000. 


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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For expenses, not otherwise provided for, necessary 

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

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

9 OPERATION AND MAINTENANCE, MARINE CORPS

10 RESERVE

11 For expenses, not otherwise provided for, necessary 

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

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

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

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For expenses, not otherwise provided for, necessary 

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

22 repair of facilities and equipment; hire of passenger motor 

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


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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

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

5 hospital treatment and related expenses in non-Federal 

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

10 Army personnel on active duty, for Army National Guard 

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

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

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

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

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

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

21 hospital treatment and related expenses in non-Federal 

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

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


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1 modification, maintenance, and issue of supplies and 

2 equipment, including those furnished from stocks under 

3 the control of agencies of the Department of Defense; 

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

5 authorized by law for Air National Guard personnel on 

6 active Federal duty, for Air National Guard commanders 

7 while inspecting units in compliance with National Guard 

8 Bureau regulations when specifically authorized by the 

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

10 UNITED STATES COURT OF APPEALS FOR THE ARMED

11 FORCES

12 For salaries and expenses necessary for the United 

13 States Court of Appeals for the Armed Forces, 

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

15 for official representation purposes. 

16 ENVIRONMENTAL RESTORATION, ARMY

17 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

24 for similar purposes, transfer the funds made available by 

25 this appropriation to other appropriations made available 


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

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

3 time period as the appropriations to which transferred: 

4 Provided further, That upon a determination that all or 

5 part of the funds transferred from this appropriation are 

6 not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation: 

8 Provided further, That the transfer authority provided 

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

11 ENVIRONMENTAL RESTORATION, NAVY

12 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

19 for similar purposes, transfer the funds made available by 

20 this appropriation to other appropriations made available 

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

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

23 time period as the appropriations to which transferred: 

24 Provided further, That upon a determination that all or 

25 part of the funds transferred from this appropriation are 


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1 not necessary for the purposes provided herein, such 

2 amounts may be transferred back to this appropriation: 

3 Provided further, That the transfer authority provided 

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

6 ENVIRONMENTAL RESTORATION, AIR FORCE

7 (INCLUDING TRANSFER OF FUNDS)

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

9 to remain available until transferred: Provided, That the 

10 Secretary of the Air Force shall, upon determining that 

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

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

15 available by this appropriation to other appropriations 

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

17 merged with and to be available for the same purposes 

18 and for the same time period as the appropriations to 

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

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

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

25 other transfer authority provided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

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

6 are required for environmental restoration, reduction and 

7 recycling of hazardous waste, removal of unsafe buildings 

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

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

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

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

17 may be transferred back to this appropriation: Provided 

18 further, That the transfer authority provided under this 

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

21 ENVIRONMENTAL RESTORATION, FORMERLY USED

22 DEFENSE SITES

23 (INCLUDING TRANSFER OF FUNDS)

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

25 remain available until transferred: Provided, That the SecVerDate Mar 15 2010 23:11 Jun 16, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RH H2219

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1 retary of the Army shall, upon determining that such 

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

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

6 appropriation to other appropriations made available to 

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

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

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

11 of the funds transferred from this appropriation are not 

12 necessary for the purposes provided herein, such amounts 

13 may be transferred back to this appropriation: Provided 

14 further, That the transfer authority provided under this 

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

17 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

18 For expenses relating to the Overseas Humanitarian, 

19 Disaster, and Civic Aid programs of the Department of 

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

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

23 until September 30, 2013. 


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1 COOPERATIVE THREAT REDUCTION ACCOUNT

2 For assistance to the republics of the former Soviet 

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

5 outside of the former Soviet Union, including assistance 

6 provided by contract or by grants, for facilitating the 

7 elimination and the safe and secure transportation and 

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

10 weapons components, and weapon-related technology and 

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

13 and protection of weapons, weapons components and 

14 weapons technology and expertise, and for defense and 

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

16 September 30, 2014. 

17 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

18 DEVELOPMENT FUND

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

21 TITLE III 

22 PROCUREMENT 

23 AIRCRAFT PROCUREMENT, ARMY

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


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1 ordnance, ground handling equipment, spare parts, and 

2 accessories therefor; specialized equipment and training 

3 devices; expansion of public and private plants, including 

4 the land necessary therefor, for the foregoing purposes, 

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

6 and construction prosecuted thereon prior to approval of 

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

9 reserve plant and Government and contractor-owned 

10 equipment layaway; and other expenses necessary for the 

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

12 for obligation until September 30, 2014. 

13 MISSILE PROCUREMENT, ARMY

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

16 ordnance, ground handling equipment, spare parts, and 

17 accessories therefor; specialized equipment and training 

18 devices; expansion of public and private plants, including 

19 the land necessary therefor, for the foregoing purposes, 

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

21 and construction prosecuted thereon prior to approval of 

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

24 reserve plant and Government and contractor-owned 

25 equipment layaway; and other expenses necessary for the 


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

2 for obligation until September 30, 2014. 

3 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

4 VEHICLES, ARMY

5 For construction, procurement, production, and 

6 modification of weapons and tracked combat vehicles, 

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

9 expansion of public and private plants, including the land 

10 necessary therefor, for the foregoing purposes, and such 

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

13 procurement and installation of equipment, appliances, 

14 and machine tools in public and private plants; reserve 

15 plant and Government and contractor-owned equipment 

16 layaway; and other expenses necessary for the foregoing 

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

19 PROCUREMENT OF AMMUNITION, ARMY

20 For construction, procurement, production, and 

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

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

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

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

8 available for obligation until September 30, 2014. 

9 OTHER PROCUREMENT, ARMY

10 For construction, procurement, production, and 

11 modification of vehicles, including tactical, support, and 

12 non-tracked combat vehicles; the purchase of passenger 

13 motor vehicles for replacement only; communications and 

14 electronic equipment; other support equipment; spare 

15 parts, ordnance, and accessories therefor; specialized 

16 equipment and training devices; expansion of public and 

17 private plants, including the land necessary therefor, for 

18 the foregoing purposes, and such lands and interests 

19 therein, may be acquired, and construction prosecuted 

20 thereon prior to approval of title; and procurement and 

21 installation of equipment, appliances, and machine tools 

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

24 expenses necessary for the foregoing purposes, 


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

2 September 30, 2014. 

3 AIRCRAFT PROCUREMENT, NAVY

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

6 ordnance, spare parts, and accessories therefor; specialized 

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

10 thereon prior to approval of title; and procurement and 

11 installation of equipment, appliances, and machine tools 

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

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

15 September 30, 2014. 

16 WEAPONS PROCUREMENT, NAVY

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

20 and accessories therefor; expansion of public and private 

21 plants, including the land necessary therefor, and such 

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

24 procurement and installation of equipment, appliances, 

25 and machine tools in public and private plants; reserve 


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1 plant and Government and contractor-owned equipment 

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

4 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

5 CORPS

6 For construction, procurement, production, and 

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

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

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

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

20 SHIPBUILDING AND CONVERSION, NAVY

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

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1 tractor-owned equipment layaway; procurement of critical, 

2 long lead time components and designs for vessels to be 

3 constructed or converted in the future; and expansion of 

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

6 and construction prosecuted thereon prior to approval of 

7 title, as follows: 

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

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

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

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

12 DDG-1000, $453,727,000; 

13 DDG-51, $1,978,314,000; 

14 DDG-51 (AP), 100,723,000; 

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

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

17 LPD-17, $1,833,444,000; 

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

19 Oceanographic Ships, $89,000,000; 

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

21 Service Craft, $3,863,000; 

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

23 For outfitting, post delivery, conversions, and first 

24 destination transportation, $270,639,000; and 


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1 Completion of Prior Year Shipbuilding Programs, 

2 $73,992,000. 

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

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

7 other such budgeted work that must be performed in the 

8 final stage of ship construction: Provided further, That 

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

13 components of such vessel: Provided further, That none 

14 of the funds provided under this heading shall be used 

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

17 OTHER PROCUREMENT, NAVY

18 For procurement, production, and modernization of 

19 support equipment and materials not otherwise provided 

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

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

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

25 be acquired, and construction prosecuted thereon prior to 


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1 approval of title; and procurement and installation of 

2 equipment, appliances, and machine tools in public and 

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

6 PROCUREMENT, MARINE CORPS

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

9 equipment, spare parts, and accessories therefor; plant 

10 equipment, appliances, and machine tools, and installation 

11 thereof in public and private plants; reserve plant and 

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

15 of public and private plants, including land necessary 

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

20 AIRCRAFT PROCUREMENT, AIR FORCE

21 For construction, procurement, and modification of 

22 aircraft and equipment, including armor and armament, 

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

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1 ernment-owned equipment and installation thereof in such 

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

3 the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

5 thereon prior to approval of title; reserve plant and Gov6 ernment and contractor-owned equipment layaway; and 

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

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

10 September 30, 2014. 

11 MISSILE PROCUREMENT, AIR FORCE

12 For construction, procurement, and modification of 

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

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

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

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

20 construction prosecuted thereon prior to approval of title; 

21 reserve plant and Government and contractor-owned 

22 equipment layaway; and other expenses necessary for the 

23 foregoing purposes including rents and transportation of 

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

25 until September 30, 2014. 


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1 PROCUREMENT OF AMMUNITION, AIR FORCE

2 For construction, procurement, production, and 

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

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

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

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

16 OTHER PROCUREMENT, AIR FORCE

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

19 and ground electronic and communication equipment), 

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

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


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1 the foregoing purposes, and such lands and interests 

2 therein, may be acquired, and construction prosecuted 

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

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

6 September 30, 2014. 

7 PROCUREMENT, DEFENSE-WIDE

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

10 necessary for procurement, production, and modification 

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

13 motor vehicles for replacement only; expansion of public 

14 and private plants, equipment, and installation thereof in 

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

16 for the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

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

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

21 September 30, 2014. 

22 DEFENSE PRODUCTION ACT PURCHASES

23 For activities by the Department of Defense pursuant 

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

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

3 TITLE IV 

4 RESEARCH, DEVELOPMENT, TEST AND 

5 EVALUATION 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 ARMY

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

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 NAVY

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

20 That funds appropriated in this paragraph which are 

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

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


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

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

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 DEFENSE-WIDE

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

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

14 as may be designated and determined by the Secretary 

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

16 lease, and operation of facilities and equipment, 

17 $19,324,865,000, to remain available for obligation until 

18 September 30, 2013. 

19 OPERATIONAL TEST AND EVALUATION, DEFENSE

20 For expenses, not otherwise provided for, necessary 

21 for the independent activities of the Director, Operational 

22 Test and Evaluation, in the direction and supervision of 

23 operational test and evaluation, including initial oper24 ational test and evaluation which is conducted prior to, 

25 and in support of, production decisions; joint operational 


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1 testing and evaluation; and administrative expenses in 

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

3 for obligation until September 30, 2013. 

4 TITLE V 

5 REVOLVING AND MANAGEMENT FUNDS 

6 DEFENSE WORKING CAPITAL FUNDS

7 For the Defense Working Capital Funds, 

8 $1,575,010,000. 

9 NATIONAL DEFENSE SEALIFT FUND

10 For National Defense Sealift Fund programs, 

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

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

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

14 and for the necessary expenses to maintain and preserve 

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

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

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

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

19 contract that provides for the acquisition of any of the 

20 following major components unless such components are 

21 manufactured in the United States: auxiliary equipment, 

22 including pumps, for all shipboard services; propulsion 

23 system components (engines, reduction gears, and propel24 lers); shipboard cranes; and spreaders for shipboard 

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


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1 in a contract awarded through the obligation of previously 

2 appropriated funds shall not be considered to be the award 

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

4 of the military department responsible for such procure5 ment may waive the restrictions in the first proviso on 

6 a case-by-case basis by certifying in writing to the Com7 mittees on Appropriations of the House of Representatives 

8 and the Senate that adequate domestic supplies are not 

9 available to meet Department of Defense requirements on 

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

11 in order to acquire capability for national security pur12 poses. 

13 TITLE VI 

14 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

15 DEFENSE HEALTH PROGRAM

16 For expenses, not otherwise provided for, for medical 

17 and health care programs of the Department of Defense 

18 as authorized by law, $32,317,459,000; of which 

19 $30,497,735,000 shall be for operation and maintenance, 

20 of which not to exceed 1 percent shall remain available 

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

22 $16,092,272,000 may be available for contracts entered 

23 into under the TRICARE program; of which 

24 $632,518,000, to remain available for obligation until Sep25 tember 30, 2014, shall be for procurement; and of which 


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1 $1,187,206,000, to remain available for obligation until 

2 September 30, 2013, shall be for research, development, 

3 test and evaluation: Provided, That, notwithstanding any 

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

5 this heading for research, development, test and evalua6 tion, not less than $8,000,000 shall be available for HIV 

7 prevention educational activities undertaken in connection 

8 with United States military training, exercises, and hu9 manitarian assistance activities conducted primarily in Af10 rican nations. 

11 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

12 DEFENSE

13 For expenses, not otherwise provided for, necessary 

14 for the destruction of the United States stockpile of lethal 

15 chemical agents and munitions in accordance with the pro16 visions of section 1412 of the Department of Defense Au17 thorization Act, 1986 (50 U.S.C. 1521), and for the de18 struction of other chemical warfare materials that are not 

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

20 which $1,147,691,000 shall be for operation and mainte21 nance, of which no less than $103,097,000 shall be for 

22 the Chemical Stockpile Emergency Preparedness Pro23 gram, consisting of $30,615,000, for activities on military 

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

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1 ments; and $406,731,000 to remain available until Sep2 tember 30, 2013, shall be for research, development, test 

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

4 the Assembled Chemical Weapons Alternatives (ACWA) 

5 Program. 

6 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

7 DEFENSE

8 (INCLUDING TRANSFER OF FUNDS)

9 For drug interdiction and counter-drug activities of 

10 the Department of Defense, for transfer to appropriations 

11 available to the Department of Defense for military per12 sonnel of the reserve components serving under the provi13 sions of title 10 and title 32, United States Code; for oper14 ation and maintenance; for procurement; and for research, 

15 development, test and evaluation, $1,208,147,000: Pro16 vided, That the funds appropriated under this heading 

17 shall be available for obligation for the same time period 

18 and for the same purpose as the appropriation to which 

19 transferred: Provided further, That upon a determination 

20 that all or part of the funds transferred from this appro21 priation are not necessary for the purposes provided here22 in, such amounts may be transferred back to this appro23 priation: Provided further, That the transfer authority pro24 vided under this heading is in addition to any other trans25 fer authority contained elsewhere in this Act: Provided furVerDate Mar 15 2010 23:11 Jun 16, 2011 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RH H2219

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1 ther, That $23,000,000 may not be obligated or expended 

2 until the Secretary of Defense submits an implementation 

3 plan for the expansion of prescription drug testing to the 

4 congressional defense committees. 

5 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For the ‘‘Joint Improvised Explosive Device Defeat 

8 Fund’’, $220,634,000, to remain available until Sep9 tember 30, 2014, for Staff and Infrastructure: Provided, 

10 That such funds shall be available to the Secretary of De11 fense, notwithstanding any other provision of law, for the 

12 purpose of allowing the Director of the Joint Improvised 

13 Explosive Device Defeat Organization to investigate, de14 velop and provide equipment, supplies, services, training, 

15 facilities, personnel and funds to assist United States 

16 forces in the defeat of improvised explosive devices: Pro17 vided further, That not later than 60 days of the enact18 ment of this Act, the Secretary of Defense shall submit 

19 to the congressional defense committees a plan for the in20 tended management and use of the amounts provided 

21 under this heading: Provided further, That the Secretary 

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

23 after the end of each fiscal quarter to the congressional 

24 defense committees providing assessments of the evolving 

25 threats, individual service requirements to counter the 


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1 threats, the current strategy for predeployment training 

2 of members of the Armed Forces on improvised explosive 

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

4 further, That the Secretary of Defense may transfer funds 

5 provided herein to appropriations for operation and main6 tenance; procurement; research, development, test and 

7 evaluation; and defense working capital funds to accom8 plish the purpose provided herein: Provided further, That 

9 amounts transferred shall be merged with and available 

10 for the same purposes and time period as the appropria11 tions to which transferred: Provided further, That this 

12 transfer authority is in addition to any other transfer au13 thority available to the Department of Defense: Provided 

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

15 than 15 days prior to making transfers from this appro16 priation, notify the congressional defense committees in 

17 writing of the details of any such transfer. 

18 OFFICE OF THE INSPECTOR GENERAL

19 For expenses and activities of the Office of the In20 spector General in carrying out the provisions of the In21 spector General Act of 1978, as amended, $346,919,000, 

22 of which $286,919,000 shall be for operation and mainte23 nance, of which not to exceed $700,000 is available for 

24 emergencies and extraordinary expenses to be expended on 

25 the approval or authority of the Inspector General, and 


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1 payments may be made on the Inspector General’s certifi2 cate of necessity for confidential military purposes; of 

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

4 2014, shall be for procurement; and of which $1,600,000, 

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

6 research, development, testing, and evaluation. 

7 TITLE VII 

8 RELATED AGENCIES 

9 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

10 DISABILITY SYSTEM FUND

11 For payment to the Central Intelligence Agency Re12 tirement and Disability System Fund, to maintain the 

13 proper funding level for continuing the operation of the 

14 Central Intelligence Agency Retirement and Disability 

15 System, $513,700,000. 

16 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

17 For necessary expenses of the Intelligence Commu18 nity Management Account, $458,225,000. 

19 TITLE VIII 

20 GENERAL PROVISIONS 

21 SEC. 8001. No part of any appropriation contained 

22 in this Act shall be used for publicity or propaganda pur23 poses not authorized by the Congress. 

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

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1 ployment of, any person not a citizen of the United States 

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

3 Provided, That salary increases granted to direct and indi4 rect hire foreign national employees of the Department of 

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

6 of the percentage increase authorized by law for civilian 

7 employees of the Department of Defense whose pay is 

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

9 United States Code, or at a rate in excess of the percent10 age increase provided by the appropriate host nation to 

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

12 That this section shall not apply to Department of De13 fense foreign service national employees serving at United 

14 States diplomatic missions whose pay is set by the Depart15 ment of State under the Foreign Service Act of 1980: Pro16 vided further, That the limitations of this provision shall 

17 not apply to foreign national employees of the Department 

18 of Defense in the Republic of Turkey. 

19 SEC. 8003. No part of any appropriation contained 

20 in this Act shall remain available for obligation beyond 

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

22 SEC. 8004. No more than 20 percent of the appro23 priations in this Act which are limited for obligation dur24 ing the current fiscal year shall be obligated during the 

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1 tion shall not apply to obligations for support of active 

2 duty training of reserve components or summer camp 

3 training of the Reserve Officers’ Training Corps. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8005. Upon determination by the Secretary of 

6 Defense that such action is necessary in the national inter7 est, he may, with the approval of the Office of Manage8 ment and Budget, transfer not to exceed $4,000,000,000 

9 of working capital funds of the Department of Defense 

10 or funds made available in this Act to the Department 

11 of Defense for military functions (except military con12 struction) between such appropriations or funds or any 

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

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

15 the appropriation or fund to which transferred: Provided, 

16 That such authority to transfer may not be used unless 

17 for higher priority items, based on unforeseen military re18 quirements, than those for which originally appropriated 

19 and in no case where the item for which funds are re20 quested has been denied by the Congress: Provided further, 

21 That the Secretary of Defense shall notify the Congress 

22 promptly of all transfers made pursuant to this authority 

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

24 no part of the funds in this Act shall be available to pre25 pare or present a request to the Committees on AppropriaVerDate Mar 15 2010 23:11 Jun 16, 2011 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RH H2219

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1 tions for reprogramming of funds, unless for higher pri2 ority items, based on unforeseen military requirements, 

3 than those for which originally appropriated and in no 

4 case where the item for which reprogramming is requested 

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

6 a request for multiple reprogrammings of funds using au7 thority provided in this section shall be made prior to June 

8 30, 2012: Provided further, That transfers among military 

9 personnel appropriations shall not be taken into account 

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

11 may be transferred under this section. 

12 SEC. 8006. (a) With regard to the list of specific pro13 grams, projects, and activities (and the dollar amounts 

14 and adjustments to budget activities corresponding to 

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

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

17 in the explanatory statement regarding this Act, the obli18 gation and expenditure of amounts appropriated or other19 wise made available in this Act for those programs, 

20 projects, and activities for which the amounts appro21 priated exceed the amounts requested are hereby required 

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

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

24 in the text of this Act. 


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1 (b) Amounts specified in the referenced tables de2 scribed in subsection (a) shall not be treated as subdivi3 sions of appropriations for purposes of section 8005 of this 

4 Act: Provided, That section 8005 shall apply when trans5 fers of the amounts described in subsection (a) occur be6 tween appropriation accounts. 

7 SEC. 8007. (a) Not later than 60 days after enact8 ment of this Act, the Department of Defense shall submit 

9 a report to the congressional defense committees to estab10 lish the baseline for application of reprogramming and 

11 transfer authorities for fiscal year 2012: Provided, That 

12 the report shall include— 

13 (1) a table for each appropriation with a sepa14 rate column to display the President’s budget re15 quest, adjustments made by Congress, adjustments 

16 due to enacted rescissions, if appropriate, and the 

17 fiscal year enacted level; 

18 (2) a delineation in the table for each appro19 priation both by budget activity and program, 

20 project, and activity as detailed in the Budget Ap21 pendix; and 

22 (3) an identification of items of special congres23 sional interest. 

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

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


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1 reprogramming or transfer until the report identified in 

2 subsection (a) is submitted to the congressional defense 

3 committees, unless the Secretary of Defense certifies in 

4 writing to the congressional defense committees that such 

5 reprogramming or transfer is necessary as an emergency 

6 requirement. 

7 (TRANSFER OF FUNDS)

8 SEC. 8008. During the current fiscal year, cash bal9 ances in working capital funds of the Department of De10 fense established pursuant to section 2208 of title 10, 

11 United States Code, may be maintained in only such 

12 amounts as are necessary at any time for cash disburse13 ments to be made from such funds: Provided, That trans14 fers may be made between such funds: Provided further, 

15 That transfers may be made between working capital 

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

17 appropriation and the ‘‘Operation and Maintenance’’ ap18 propriation accounts in such amounts as may be deter19 mined by the Secretary of Defense, with the approval of 

20 the Office of Management and Budget, except that such 

21 transfers may not be made unless the Secretary of Defense 

22 has notified the Congress of the proposed transfer. Except 

23 in amounts equal to the amounts appropriated to working 

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

25 against a working capital fund to procure or increase the 


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1 value of war reserve material inventory, unless the Sec2 retary of Defense has notified the Congress prior to any 

3 such obligation. 

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

5 be used to initiate a special access program without prior 

6 notification 30 calendar days in advance to the congres7 sional defense committees. 

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

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

10 employs economic order quantity procurement in excess of 

11 $20,000,000 in any one year of the contract or that in12 cludes an unfunded contingent liability in excess of 

13 $20,000,000; or (2) a contract for advance procurement 

14 leading to a multiyear contract that employs economic 

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

16 any one year, unless the congressional defense committees 

17 have been notified at least 30 days in advance of the pro18 posed contract award: Provided, That no part of any ap19 propriation contained in this Act shall be available to ini20 tiate a multiyear contract for which the economic order 

21 quantity advance procurement is not funded at least to 

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

23 That no part of any appropriation contained in this Act 

24 shall be available to initiate multiyear procurement con25 tracts for any systems or component thereof if the value 


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1 of the multiyear contract would exceed $500,000,000 un2 less specifically provided in this Act: Provided further, 

3 That no multiyear procurement contract can be termi4 nated without 10-day prior notification to the congres5 sional defense committees: Provided further, That the exe6 cution of multiyear authority shall require the use of a 

7 present value analysis to determine lowest cost compared 

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

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

10 contract executed after the date of the enactment of this 

11 Act unless in the case of any such contract— 

12 (1) the Secretary of Defense has submitted to 

13 Congress a budget request for full funding of units 

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

15 of a contract for procurement of aircraft, that in16 cludes, for any aircraft unit to be procured through 

17 the contract for which procurement funds are re18 quested in that budget request for production be19 yond advanced procurement activities in the fiscal 

20 year covered by the budget, full funding of procure21 ment of such unit in that fiscal year; 

22 (2) cancellation provisions in the contract do 

23 not include consideration of recurring manufacturing 

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1 tion of unfunded units to be delivered under the con2 tract; 

3 (3) the contract provides that payments to the 

4 contractor under the contract shall not be made in 

5 advance of incurred costs on funded units; and 

6 (4) the contract does not provide for a price ad7 justment based on a failure to award a follow-on 

8 contract. 

9 Funds appropriated in title III of this Act may be 

10 used for a multiyear procurement contract as follows: 

11 UH-60M/HH-60M and MH-60R/MH-60S Helicopter 

12 Airframes; and MH-60R/S Mission Avionics and Common 

13 Cockpits. 

14 SEC. 8011. Within the funds appropriated for the op15 eration and maintenance of the Armed Forces, funds are 

16 hereby appropriated pursuant to section 401 of title 10, 

17 United States Code, for humanitarian and civic assistance 

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

19 Such funds may also be obligated for humanitarian and 

20 civic assistance costs incidental to authorized operations 

21 and pursuant to authority granted in section 401 of chap22 ter 20 of title 10, United States Code, and these obliga23 tions shall be reported as required by section 401(d) of 

24 title 10, United States Code: Provided, That funds avail25 able for operation and maintenance shall be available for 


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1 providing humanitarian and similar assistance by using 

2 Civic Action Teams in the Trust Territories of the Pacific 

3 Islands and freely associated states of Micronesia, pursu4 ant to the Compact of Free Association as authorized by 

5 Public Law 99–239: Provided further, That upon a deter6 mination by the Secretary of the Army that such action 

7 is beneficial for graduate medical education programs con8 ducted at Army medical facilities located in Hawaii, the 

9 Secretary of the Army may authorize the provision of med10 ical services at such facilities and transportation to such 

11 facilities, on a nonreimbursable basis, for civilian patients 

12 from American Samoa, the Commonwealth of the North13 ern Mariana Islands, the Marshall Islands, the Federated 

14 States of Micronesia, Palau, and Guam. 

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

16 personnel of the Department of Defense may not be man17 aged on the basis of any end-strength, and the manage18 ment of such personnel during that fiscal year shall not 

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

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

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

22 (b) The fiscal year 2013 budget request for the De23 partment of Defense as well as all justification material 

24 and other documentation supporting the fiscal year 2013 

25 Department of Defense budget request shall be prepared 


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

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

3 year 2013. 

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

5 to military (civilian) technicians. 

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

7 Act shall be used in any way, directly or indirectly, to in8 fluence congressional action on any legislation or appro9 priation matters pending before the Congress. 

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

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

12 any member of the Army participating as a full-time stu13 dent and receiving benefits paid by the Secretary of Vet14 erans Affairs from the Department of Defense Education 

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

16 credited toward completion of a service commitment: Pro17 vided, That this section shall not apply to those members 

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

19 1987: Provided further, That this section applies only to 

20 active components of the Army. 

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

22 this Act shall be available to convert to contractor per23 formance an activity or function of the Department of De24 fense that, on or after the date of the enactment of this 


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1 Act, is performed by Department of Defense civilian em2 ployees unless— 

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

4 public-private competition that includes a most effi5 cient and cost effective organization plan developed 

6 by such activity or function; 

7 (2) the Competitive Sourcing Official deter8 mines that, over all performance periods stated in 

9 the solicitation of offers for performance of the ac10 tivity or function, the cost of performance of the ac11 tivity or function by a contractor would be less costly 

12 to the Department of Defense by an amount that 

13 equals or exceeds the lesser of— 

14 (A) 10 percent of the most efficient organi15 zation’s personnel-related costs for performance 

16 of that activity or function by Federal employ17 ees; or 

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

19 (3) the contractor does not receive an advan20 tage for a proposal that would reduce costs for the 

21 Department of Defense by— 

22 (A) not making an employer-sponsored 

23 health insurance plan available to the workers 

24 who are to be employed in the performance of 

25 that activity or function under the contract; or 


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1 (B) offering to such workers an employer2 sponsored health benefits plan that requires the 

3 employer to contribute less towards the pre4 mium or subscription share than the amount 

5 that is paid by the Department of Defense for 

6 health benefits for civilian employees under 

7 chapter 89 of title 5, United States Code. 

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

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

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

11 notwithstanding any administrative regulation, require12 ment, or policy to the contrary shall have full authority 

13 to enter into a contract for the performance of any com14 mercial or industrial type function of the Department of 

15 Defense that— 

16 (A) is included on the procurement list established 

17 pursuant to section 2 of the Javits-Wagner-O’Day Act 

18 (section 8503 of title 41, United States Code); 

19 (B) is planned to be converted to performance by a 

20 qualified nonprofit agency for the blind or by a qualified 

21 nonprofit agency for other severely handicapped individ22 uals in accordance with that Act; or 

23 (C) is planned to be converted to performance by a 

24 qualified firm under at least 51 percent ownership by an 

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

2 450b(e)), or a Native Hawaiian Organization, as defined 

3 in section 8(a)(15) of the Small Business Act (15 U.S.C. 

4 637(a)(15)). 

5 (2) This section shall not apply to depot contracts 

6 or contracts for depot maintenance as provided in sections 

7 2469 and 2474 of title 10, United States Code. 

8 (TRANSFER OF FUNDS)

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

10 for the Department of Defense Pilot Mentor-Protege Pro11 gram may be transferred to any other appropriation con12 tained in this Act solely for the purpose of implementing 

13 a Mentor-Protege Program developmental assistance 

14 agreement pursuant to section 831 of the National De15 fense Authorization Act for Fiscal Year 1991 (Public Law 

16 101–510; 10 U.S.C. 2302 note), as amended, under the 

17 authority of this provision or any other transfer authority 

18 contained in this Act. 

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

20 available for the purchase by the Department of Defense 

21 (and its departments and agencies) of welded shipboard 

22 anchor and mooring chain 4 inches in diameter and under 

23 unless the anchor and mooring chain are manufactured 

24 in the United States from components which are substan25 tially manufactured in the United States: Provided, That 


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

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

3 of chain and welding (including the forging and shot blast4 ing process): Provided further, That for the purpose of this 

5 section, substantially all of the components of anchor and 

6 mooring chain shall be considered to be produced or manu7 factured in the United States if the aggregate cost of the 

8 components produced or manufactured in the United 

9 States exceeds the aggregate cost of the components pro10 duced or manufactured outside the United States: Pro11 vided further, That when adequate domestic supplies are 

12 not available to meet Department of Defense requirements 

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

14 for the procurement may waive this restriction on a case15 by-case basis by certifying in writing to the Committees 

16 on Appropriations that such an acquisition must be made 

17 in order to acquire capability for national security pur18 poses. 

19 SEC. 8018. None of the funds available to the De20 partment of Defense, herein and hereafter, may be used 

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

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

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

24 ammunition or ammunition components that are not oth25 erwise prohibited from commercial sale under Federal law, 


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1 unless the small arms ammunition or ammunition compo2 nents are certified by the Secretary of the Army or des3 ignee as unserviceable or unsafe for further use. 

4 SEC. 8019. No more than $500,000 of the funds ap5 propriated or made available in this Act shall be used dur6 ing a single fiscal year for any single relocation of an orga7 nization, unit, activity or function of the Department of 

8 Defense into or within the National Capital Region: Pro9 vided, That the Secretary of Defense may waive this re10 striction on a case-by-case basis by certifying in writing 

11 to the congressional defense committees that such a relo12 cation is required in the best interest of the Government. 

13 SEC. 8020. In addition to the funds provided else14 where in this Act, $15,000,000 is appropriated only for 

15 incentive payments authorized by section 504 of the In16 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

17 That a prime contractor or a subcontractor at any tier 

18 that makes a subcontract award to any subcontractor or 

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

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

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

22 of title 25, United States Code, shall be considered a con23 tractor for the purposes of being allowed additional com24 pensation under section 504 of the Indian Financing Act 

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


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

2 expenditure of funds appropriated by an Act making Ap3 propriations for the Department of Defense with respect 

4 to any fiscal year: Provided further, That notwithstanding 

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

6 shall be applicable to any Department of Defense acquisi7 tion of supplies or services, including any contract and any 

8 subcontract at any tier for acquisition of commercial items 

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

10 subcontractor or supplier defined in section 1544 of title 

11 25, United States Code, or a small business owned and 

12 controlled by an individual or individuals defined under 

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

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

15 Defense Media Activity shall not be used for any national 

16 or international political or psychological activities. 

17 SEC. 8022. During the current fiscal year, the De18 partment of Defense is authorized to incur obligations of 

19 not to exceed $350,000,000 for purposes specified in sec20 tion 2350j(c) of title 10, United States Code, in anticipa21 tion of receipt of contributions, only from the Government 

22 of Kuwait, under that section: Provided, That upon re23 ceipt, such contributions from the Government of Kuwait 

24 shall be credited to the appropriations or fund which in25 curred such obligations. 


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

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

3 Civil Air Patrol Corporation, of which— 

4 (1) $27,838,000 shall be available from ‘‘Oper5 ation and Maintenance, Air Force’’ to support Civil 

6 Air Patrol Corporation operation and maintenance, 

7 readiness, counter-drug activities, and drug demand 

8 reduction activities involving youth programs; 

9 (2) $2,190,000 shall be available from ‘‘Aircraft 

10 Procurement, Air Force’’; and 

11 (3) $917,000 shall be available from ‘‘Other 

12 Procurement, Air Force’’ for vehicle procurement. 

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

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

16 local government agencies. 

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

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

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

24 other nonprofit entities. 


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

2 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

4 and no paid consultant to any defense FFRDC, except 

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

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

9 referred to previously in this subsection shall be allowed 

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

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

14 of the funds available to the department from any source 

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

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

18 projects funded by Government grants, for absorption of 

19 contract overruns, or for certain charitable contributions, 

20 not to include employee participation in community service 

21 and/or development. 

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

23 the funds available to the department during fiscal year 

24 2012, not more than 5,750 staff years of technical effort 

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1 vided, That of the specific amount referred to previously 

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

3 be funded for the defense studies and analysis FFRDCs: 

4 Provided further, That this subsection shall not apply to 

5 staff years funded in the National Intelligence Program 

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

7 (e) The Secretary of Defense shall, with the submis8 sion of the department’s fiscal year 2013 budget request, 

9 submit a report presenting the specific amounts of staff 

10 years of technical effort to be allocated for each defense 

11 FFRDC during that fiscal year and the associated budget 

12 estimates. 

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

14 the total amount appropriated in this Act for FFRDCs 

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

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

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

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

20 Defense which were not melted and rolled in the United 

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

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

24 or American Iron and Steel Institute (AISI) specifications 

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


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1 That the Secretary of the military department responsible 

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

4 on Appropriations of the House of Representatives and the 

5 Senate that adequate domestic supplies are not available 

6 to meet Department of Defense requirements on a timely 

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

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

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

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

13 ‘‘congressional defense committees’’ means the Armed 

14 Services Committee of the House of Representatives, the 

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

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

18 Committee on Appropriations of the House of Representa19 tives. 

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

22 maintenance and repair of aircraft, vehicles and vessels 

23 as well as the production of components and other De24 fense-related articles, through competition between De25 partment of Defense depot maintenance activities and priVerDate Mar 15 2010 23:11 Jun 16, 2011 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RH H2219

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

7 76 shall not apply to competitions conducted under this 

8 section. 

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

10 consultation with the United States Trade Representative, 

11 determines that a foreign country which is party to an 

12 agreement described in paragraph (2) has violated the 

13 terms of the agreement by discriminating against certain 

14 types of products produced in the United States that are 

15 covered by the agreement, the Secretary of Defense shall 

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

18 in that foreign country. 

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

20 is any reciprocal defense procurement memorandum 

21 of understanding, between the United States and a 

22 foreign country pursuant to which the Secretary of 

23 Defense has prospectively waived the Buy American 

24 Act for certain products in that country. 


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

3 purchases from foreign entities in fiscal year 2012. Such 

4 report shall separately indicate the dollar value of items 

5 for which the Buy American Act was waived pursuant to 

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

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

8 international agreement to which the United States is a 

9 party. 

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

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

12 States Code. 

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

14 contained in the Department of Defense Overseas Military 

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

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

18 be available until expended for the payments specified by 

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

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

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

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

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

25 Washington relocatable military housing units located at 


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

2 Mountain Home Air Force Base, Ellsworth Air Force 

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

4 needs of the Air Force. 

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

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

8 that are submitted to the Secretary by the Operation 

9 Walking Shield Program on behalf of Indian tribes located 

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

12 such conveyance shall be subject to the condition that the 

13 housing units shall be removed within a reasonable period 

14 of time, as determined by the Secretary. 

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

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

19 (b). 

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

21 any recognized Indian tribe included on the current list 

22 published by the Secretary of the Interior under section 

23 104 of the Federally Recognized Indian Tribe Act of 1994 

24 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a25 1). 


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

3 for operation and maintenance may be used to purchase 

4 items having an investment item unit cost of not more 

5 than $250,000. 

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

7 of the appropriations or funds available to the Department 

8 of Defense Working Capital Funds shall be used for the 

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

12 customers of the Department of Defense Working Capital 

13 Funds if such an item would not have been chargeable 

14 to the Department of Defense Business Operations Fund 

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

16 investment item would be chargeable during the current 

17 fiscal year to appropriations made to the Department of 

18 Defense for procurement. 

19 (b) The fiscal year 2013 budget request for the De20 partment of Defense as well as all justification material 

21 and other documentation supporting the fiscal year 2013 

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

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


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1 budgeted for in a proposed fiscal year 2013 procurement 

2 appropriation and not in the supply management business 

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

4 Defense Working Capital Funds. 

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

6 Act for programs of the Central Intelligence Agency shall 

7 remain available for obligation beyond the current fiscal 

8 year, except for funds appropriated for the Reserve for 

9 Contingencies, which shall remain available until Sep10 tember 30, 2013: Provided, That funds appropriated, 

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

13 during this or any prior or subsequent fiscal year shall 

14 remain available until expended: Provided further, That 

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

19 the National Security Act of 1947, as amended, shall re20 main available until September 30, 2013. 

21 SEC. 8034. Notwithstanding any other provision of 

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

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

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

6 be made available only for the mitigation of environmental 

7 impacts, including training and technical assistance to 

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

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

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

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

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

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

18 83 of title 41, United States Code. 

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

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

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

23 in America, the Secretary shall determine, in accordance 

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1 er the person should be debarred from contracting with 

2 the Department of Defense. 

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

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

7 only American-made equipment and products, provided 

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

10 fashion. 

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

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

13 or consulting services entered into without competition on 

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

15 activity responsible for the procurement determines— 

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

17 only one source is found fully qualified to perform 

18 the proposed work; 

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

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

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

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

4 not apply to contracts in an amount of less than 

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

9 Senate, determines that the award of such contract 

10 is in the interest of the national defense. 

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

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

13 be used— 

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

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

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

19 of duty remains at the location of that headquarters. 

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

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

23 and certifies to the Committees on Appropriations of the 

24 House of Representatives and Senate that the granting 


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1 of the waiver will reduce the personnel requirements or 

2 the financial requirements of the department. 

3 (c) This section does not apply to— 

4 (1) field operating agencies funded within the 

5 National Intelligence Program; or 

6 (2) an Army field operating agency established 

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

9 Secretary of the Army, other similar threats. 

10 (3) an Army field operating agency established 

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

13 technologies throughout the Department of Defense. 

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

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

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

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

21 statement regarding this Act. 

22 (RESCISSIONS)

23 SEC. 8040. Of the funds appropriated in Department 

24 of Defense Appropriations Acts, the following funds are 


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

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

4 $20,444,000; 

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

6 $8,500,000; 

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

8 $6,500,000; 

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

10 $90,000,000; 

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

12 $55,000,000; 

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

14 $35,427,000; 

15 ‘‘Procurement of Ammunition, Navy and Marine 

16 Corps’’, 2011/2013, $8,612,000; 

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

18 $110,351,000; 

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

20 $30,000,000; 

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

22 $122,500,000; 

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

24 $90,000,000; 


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

2 $45,000,000; 

3 ‘‘Research, Development, Test and Evaluation, 

4 Navy’’, 2011/2012, $34,771,000; 

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

6 Force’’, 2011/2012, $105,000,000; 

7 ‘‘Research, Development, Test and Evaluation, De8 fense-Wide’’ , 2011/2012, $318,000,000. 

9 Notwithstanding any other provision of law, none of the 

10 funds provided may be used for the construction of addi11 tional sealift capacity, as described under the heading 

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

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

14 purposes described in section 115 of division H of Public 

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

16 of Public Law 109–13. 

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

18 may be used to reduce the authorized positions for mili19 tary (civilian) technicians of the Army National Guard, 

20 Air National Guard, Army Reserve and Air Force Reserve 

21 for the purpose of applying any administratively imposed 

22 civilian personnel ceiling, freeze, or reduction on military 

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

24 result of a reduction in military force structure. 


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1 SEC. 8042. None of the funds appropriated or other2 wise made available in this Act may be obligated or ex3 pended for assistance to the Democratic People’s Republic 

4 of Korea unless specifically appropriated for that purpose. 

5 SEC. 8043. Funds appropriated in this Act for oper6 ation and maintenance of the Military Departments, Com7 batant Commands and Defense Agencies shall be available 

8 for reimbursement of pay, allowances and other expenses 

9 which would otherwise be incurred against appropriations 

10 for the National Guard and Reserve when members of the 

11 National Guard and Reserve provide intelligence or coun12 terintelligence support to Combatant Commands, Defense 

13 Agencies and Joint Intelligence Activities, including the 

14 activities and programs included within the National Intel15 ligence Program and the Military Intelligence Program: 

16 Provided, That nothing in this section authorizes deviation 

17 from established Reserve and National Guard personnel 

18 and training procedures. 

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

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

21 the civilian medical and medical support personnel as22 signed to military treatment facilities below the September 

23 30, 2003, level: Provided, That the Service Surgeons Gen24 eral may waive this section by certifying to the congres25 sional defense committees that the beneficiary population 


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1 is declining in some catchment areas and civilian strength 

2 reductions may be consistent with responsible resource 

3 stewardship and capitation-based budgeting. 

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

5 Department of Defense for any fiscal year for drug inter6 diction or counter-drug activities may be transferred to 

7 any other department or agency of the United States ex8 cept as specifically provided in an appropriations law. 

9 (b) None of the funds available to the Central Intel10 ligence Agency for any fiscal year for drug interdiction 

11 and counter-drug activities may be transferred to any 

12 other department or agency of the United States except 

13 as specifically provided in an appropriations law. 

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

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

16 bearings other than those produced by a domestic source 

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

18 the military department responsible for such procurement 

19 may waive this restriction on a case-by-case basis by certi20 fying in writing to the Committees on Appropriations of 

21 the House of Representatives and the Senate, that ade22 quate domestic supplies are not available to meet Depart23 ment of Defense requirements on a timely basis and that 

24 such an acquisition must be made in order to acquire ca25 pability for national security purposes: Provided further, 


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1 That this restriction shall not apply to the purchase of 

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

3 United States Code, except that the restriction shall apply 

4 to ball or roller bearings purchased as end items. 

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

6 used to purchase any supercomputer which is not manu7 factured in the United States, unless the Secretary of De8 fense certifies to the congressional defense committees 

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

10 capability for national security purposes that is not avail11 able from United States manufacturers. 

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

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

14 officer or employee of the Department of Defense who ap15 proves or implements the transfer of administrative re16 sponsibilities or budgetary resources of any program, 

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

18 of another Federal agency not financed by this Act with19 out the express authorization of Congress: Provided, That 

20 this limitation shall not apply to transfers of funds ex21 pressly provided for in Defense Appropriations Acts, or 

22 provisions of Acts providing supplemental appropriations 

23 for the Department of Defense. 

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

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


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1 Defense for the current fiscal year may be obligated or 

2 expended to transfer to another nation or an international 

3 organization any defense articles or services (other than 

4 intelligence services) for use in the activities described in 

5 subsection (b) unless the congressional defense commit6 tees, the Committee on Foreign Affairs of the House of 

7 Representatives, and the Committee on Foreign Relations 

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

9 transfer. 

10 (b) This section applies to— 

11 (1) any international peacekeeping or peace-en12 forcement operation under the authority of chapter 

13 VI or chapter VII of the United Nations Charter 

14 under the authority of a United Nations Security 

15 Council resolution; and 

16 (2) any other international peacekeeping, peace17 enforcement, or humanitarian assistance operation. 

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

19 following— 

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

21 services to be transferred. 

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

23 supplies, or services to be transferred. 

24 (3) In the case of a proposed transfer of equip25 ment or supplies— 


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1 (A) a statement of whether the inventory 

2 requirements of all elements of the Armed 

3 Forces (including the reserve components) for 

4 the type of equipment or supplies to be trans5 ferred have been met; and 

6 (B) a statement of whether the items pro7 posed to be transferred will have to be replaced 

8 and, if so, how the President proposes to pro9 vide funds for such replacement. 

10 SEC. 8050. None of the funds available to the De11 partment of Defense under this Act shall be obligated or 

12 expended to pay a contractor under a contract with the 

13 Department of Defense for costs of any amount paid by 

14 the contractor to an employee when— 

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

16 excess of the normal salary paid by the contractor 

17 to the employee; and 

18 (2) such bonus is part of restructuring costs as19 sociated with a business combination. 

20 (INCLUDING TRANSFER OF FUNDS)

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

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

23 under the heading ‘‘Operation and Maintenance, Defense24 Wide’’ may be transferred to appropriations available for 

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


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1 be available for the same time period as the appropriations 

2 to which transferred, to be used in support of such per3 sonnel in connection with support and services for eligible 

4 organizations and activities outside the Department of De5 fense pursuant to section 2012 of title 10, United States 

6 Code. 

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

8 of an appropriation account of the Department of Defense 

9 for which the period of availability for obligation has ex10 pired or which has closed under the provisions of section 

11 1552 of title 31, United States Code, and which has a 

12 negative unliquidated or unexpended balance, an obliga13 tion or an adjustment of an obligation may be charged 

14 to any current appropriation account for the same purpose 

15 as the expired or closed account if— 

16 (1) the obligation would have been properly 

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

18 closed account before the end of the period of avail19 ability or closing of that account; 

20 (2) the obligation is not otherwise properly 

21 chargeable to any current appropriation account of 

22 the Department of Defense; and 

23 (3) in the case of an expired account, the obli24 gation is not chargeable to a current appropriation 

25 of the Department of Defense under the provisions 


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1 of section 1405(b)(8) of the National Defense Au2 thorization Act for Fiscal Year 1991, Public Law 

3 101–510, as amended (31 U.S.C. 1551 note): Pro4 vided, That in the case of an expired account, if sub5 sequent review or investigation discloses that there 

6 was not in fact a negative unliquidated or unex7 pended balance in the account, any charge to a cur8 rent account under the authority of this section shall 

9 be reversed and recorded against the expired ac10 count: Provided further, That the total amount 

11 charged to a current appropriation under this sec12 tion may not exceed an amount equal to 1 percent 

13 of the total appropriation for that account. 

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

15 of law, the Chief of the National Guard Bureau may per16 mit the use of equipment of the National Guard Distance 

17 Learning Project by any person or entity on a space-avail18 able, reimbursable basis. The Chief of the National Guard 

19 Bureau shall establish the amount of reimbursement for 

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

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

22 credited to funds available for the National Guard Dis23 tance Learning Project and be available to defray the costs 

24 associated with the use of equipment of the project under 


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1 that subsection. Such funds shall be available for such 

2 purposes without fiscal year limitation. 

3 SEC. 8054. Using funds available by this Act or any 

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

5 determination under section 2690 of title 10, United 

6 States Code, may implement cost-effective agreements for 

7 required heating facility modernization in the 

8 Kaiserslautern Military Community in the Federal Repub9 lic of Germany: Provided, That in the City of 

10 Kaiserslautern and at the Rhine Ordnance Barracks area, 

11 such agreements will include the use of United States an12 thracite as the base load energy for municipal district heat 

13 to the United States Defense installations: Provided fur14 ther, That at Landstuhl Army Regional Medical Center 

15 and Ramstein Air Base, furnished heat may be obtained 

16 from private, regional or municipal services, if provisions 

17 are included for the consideration of United States coal 

18 as an energy source. 

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

20 IV of this Act may be used to procure end-items for deliv21 ery to military forces for operational training, operational 

22 use or inventory requirements: Provided, That this restric23 tion does not apply to end-items used in development, 

24 prototyping, and test activities preceding and leading to 

25 acceptance for operational use: Provided further, That this 


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1 restriction does not apply to programs funded within the 

2 National Intelligence Program: Provided further, That the 

3 Secretary of Defense may waive this restriction on a case4 by-case basis by certifying in writing to the Committees 

5 on Appropriations of the House of Representatives and the 

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

7 so. 

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

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

10 22A advanced tactical fighter to any foreign government: 

11 Provided, That the Department of Defense may conduct 

12 or participate in studies, research, design and other activi13 ties to define and develop a future export version of the 

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

15 technologies and U.S. warfighting capabilities. 

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

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

18 each limitation on the procurement of defense items from 

19 foreign sources provided in law if the Secretary determines 

20 that the application of the limitation with respect to that 

21 country would invalidate cooperative programs entered 

22 into between the Department of Defense and the foreign 

23 country, or would invalidate reciprocal trade agreements 

24 for the procurement of defense items entered into under 

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


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1 country does not discriminate against the same or similar 

2 defense items produced in the United States for that coun3 try. 

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

5 (1) contracts and subcontracts entered into on 

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

7 (2) options for the procurement of items that 

8 are exercised after such date under contracts that 

9 are entered into before such date if the option prices 

10 are adjusted for any reason other than the applica11 tion of a waiver granted under subsection (a). 

12 (c) Subsection (a) does not apply to a limitation re13 garding construction of public vessels, ball and roller bear14 ings, food, and clothing or textile materials as defined by 

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

16 Schedule and products classified under headings 4010, 

17 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

18 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

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

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

21 this Act may be used to support any training program in22 volving a unit of the security forces or police of a foreign 

23 country if the Secretary of Defense has received credible 

24 information from the Department of State that the unit 


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1 has committed a gross violation of human rights, unless 

2 all necessary corrective steps have been taken. 

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

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

5 to conduct any training program referred to in subsection 

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

7 available to the Department of State relating to human 

8 rights violations by foreign security forces. 

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

10 the Secretary of State, may waive the prohibition in sub11 section (a) if he determines that such waiver is required 

12 by extraordinary circumstances. 

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

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

15 submit a report to the congressional defense committees 

16 describing the extraordinary circumstances, the purpose 

17 and duration of the training program, the United States 

18 forces and the foreign security forces involved in the train19 ing program, and the information relating to human rights 

20 violations that necessitates the waiver. 

21 SEC. 8059. None of the funds appropriated or other22 wise made available by this or other Department of De23 fense Appropriations Acts may be obligated or expended 

24 for the purpose of performing repairs or maintenance to 

25 military family housing units of the Department of DeVerDate Mar 15 2010 23:11 Jun 16, 2011 Jkt 099200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RH H2219

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1 fense, including areas in such military family housing 

2 units that may be used for the purpose of conducting offi3 cial Department of Defense business. 

4 SEC. 8060. Notwithstanding any other provision of 

5 law, funds appropriated in this Act under the heading 

6 ‘‘Research, Development, Test and Evaluation, Defense7 Wide’’ for any new start advanced concept technology 

8 demonstration project or joint capability demonstration 

9 project may only be obligated 30 days after a report, in10 cluding a description of the project, the planned acquisi11 tion and transition strategy, and its estimated annual and 

12 total cost, has been provided in writing to the congres13 sional defense committees: Provided, That the Secretary 

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

15 basis by certifying to the congressional defense committees 

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

17 SEC. 8061. The Secretary of Defense shall provide 

18 a classified quarterly report beginning 30 days after enact19 ment of this Act, to the House and Senate Appropriations 

20 Committees, Subcommittees on Defense on certain mat21 ters as directed in the classified annex accompanying this 

22 Act. 

23 SEC. 8062. During the current fiscal year, none of 

24 the funds available to the Department of Defense may be 

25 used to provide support to another department or agency 


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

2 than 90 days in arrears in making payment to the Depart3 ment of Defense for goods or services previously provided 

4 to such department or agency on a reimbursable basis: 

5 Provided, That this restriction shall not apply if the de6 partment is authorized by law to provide support to such 

7 department or agency on a nonreimbursable basis, and is 

8 providing the requested support pursuant to such author9 ity: Provided further, That the Secretary of Defense may 

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

11 in writing to the Committees on Appropriations of the 

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

13 national security interest to do so. 

14 SEC. 8063. Notwithstanding section 12310(b) of title 

15 10, United States Code, a Reserve who is a member of 

16 the National Guard serving on full-time National Guard 

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

18 may perform duties in support of the ground-based ele19 ments of the National Ballistic Missile Defense System. 

20 SEC. 8064. None of the funds provided in this Act 

21 may be used to transfer to any nongovernmental entity 

22 ammunition held by the Department of Defense that has 

23 a center-fire cartridge and a United States military no24 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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


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

2 entity performing demilitarization services for the Depart3 ment of Defense under a contract that requires the entity 

4 to demonstrate to the satisfaction of the Department of 

5 Defense that armor piercing projectiles are either: (1) ren6 dered incapable of reuse by the demilitarization process; 

7 or (2) used to manufacture ammunition pursuant to a con8 tract with the Department of Defense or the manufacture 

9 of ammunition for export pursuant to a License for Per10 manent Export of Unclassified Military Articles issued by 

11 the Department of State. 

12 SEC. 8065. Notwithstanding any other provision of 

13 law, the Chief of the National Guard Bureau, or his des14 ignee, may waive payment of all or part of the consider15 ation that otherwise would be required under section 2667 

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

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

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

19 United States Code, or any other youth, social, or fra20 ternal nonprofit organization as may be approved by the 

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

22 a case-by-case basis. 

23 SEC. 8066. None of the funds appropriated by this 

24 Act shall be used for the support of any nonappropriated 

25 funds activity of the Department of Defense that procures 


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1 malt beverages and wine with nonappropriated funds for 

2 resale (including such alcoholic beverages sold by the 

3 drink) on a military installation located in the United 

4 States unless such malt beverages and wine are procured 

5 within that State, or in the case of the District of Colum6 bia, within the District of Columbia, in which the military 

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

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

9 purchases may be made in any State in which the installa10 tion is located: Provided further, That such local procure11 ment requirements for malt beverages and wine shall 

12 apply to all alcoholic beverages only for military installa13 tions in States which are not contiguous with another 

14 State: Provided further, That alcoholic beverages other 

15 than wine and malt beverages, in contiguous States and 

16 the District of Columbia shall be procured from the most 

17 competitive source, price and other factors considered. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8067. Of the amounts appropriated in this Act 

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

21 $124,493,000 shall remain available until expended: Pro22 vided, That notwithstanding any other provision of law, 

23 the Secretary of Defense is authorized to transfer such 

24 funds to other activities of the Federal Government: Pro25 vided further, That the Secretary of Defense is authorized 


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1 to enter into and carry out contracts for the acquisition 

2 of real property, construction, personal services, and oper3 ations related to projects carrying out the purposes of this 

4 section: Provided further, That contracts entered into 

5 under the authority of this section may provide for such 

6 indemnification as the Secretary determines to be nec7 essary: Provided further, That projects authorized by this 

8 section shall comply with applicable Federal, State, and 

9 local law to the maximum extent consistent with the na10 tional security, as determined by the Secretary of Defense. 

11 SEC. 8068. Section 8106 of the Department of De12 fense Appropriations Act, 1997 (titles I through VIII of 

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

14 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con15 tinue in effect to apply to disbursements that are made 

16 by the Department of Defense in fiscal year 2012. 

17 SEC. 8069. In addition to amounts provided else18 where in this Act, $4,000,000 is hereby appropriated to 

19 the Department of Defense, to remain available for obliga20 tion until expended: Provided, That notwithstanding any 

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

22 Secretary of Defense that it shall serve the national inter23 est, these funds shall be available only for a grant to the 

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

25 and furnishing of additional Fisher Houses to meet the 


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1 needs of military family members when confronted with 

2 the illness or hospitalization of an eligible military bene3 ficiary. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8070. Of the amounts appropriated in this Act 

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

7 ‘‘Research, Development, Test and Evaluation, Defense8 Wide’’, $235,700,000 shall be for the Israeli Cooperative 

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

10 shall be for the Short Range Ballistic Missile Defense 

11 (SRBMD) program, including cruise missile defense re12 search and development under the SRBMD program, of 

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

14 David Sling Weapon System missiles in the United States 

15 and in Israel to meet Israel’s defense requirements, con16 sistent with each nation’s laws, regulations, and proce17 dures, $66,200,000 shall be available for an upper-tier 

18 component to the Israeli Missile Defense architecture, and 

19 $59,000,000 shall be for the Arrow System Improvement 

20 Program including development of a long range, ground 

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

22 made available under this provision for production of mis23 siles and missile components may be transferred to appro24 priations available for the procurement of weapons and 

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


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1 same time period and the same purposes as the appropria2 tion to which transferred: Provided further, That the 

3 transfer authority provided under this provision is in addi4 tion to any other transfer authority contained in this Act. 

5 SEC. 8071. None of the funds available to the De6 partment of Defense may be obligated to modify command 

7 and control relationships to give Fleet Forces Command 

8 administrative and operational control of U.S. Navy forces 

9 assigned to the Pacific fleet: Provided, That the command 

10 and control relationships which existed on October 1, 

11 2004, shall remain in force unless changes are specifically 

12 authorized in a subsequent Act. 

13 (INCLUDING TRANSFER OF FUNDS)

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

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

16 $73,992,000 shall be available until September 30, 2012, 

17 to fund prior year shipbuilding cost increases: Provided, 

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

19 Navy shall transfer funds to the following appropriations 

20 in the amounts specified: Provided further, That the 

21 amounts transferred shall be merged with and be available 

22 for the same purposes as the appropriations to which 

23 transferred: 

24 To: 


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1 Under the heading ‘‘Shipbuilding and Conver2 sion, Navy, 2005/2012’’: LPD-17 Amphibious 

3 Transport Dock Program $18,627,000. 

4 Under the heading ‘‘Shipbuilding and Conver5 sion, Navy, 2006/2012’’: LPD-17 Amphibious 

6 Transport Dock Program $23,437,000. 

7 Under the heading ‘‘Shipbuilding and Conver8 sion, Navy, 2008/2012’’: LPD-17 Amphibious 

9 Transport Dock Program $31,928,000. 

10 SEC. 8073. Notwithstanding any other provision of 

11 law or regulation, the Secretary of Defense may exercise 

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

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

14 38, United States Code, as well as the following: 

15 Pharmacists, Audiologists, Psychologists, Social 

16 Workers, Othotists/Prosthetists, Occupational 

17 Therapists, Physical Therapists, Rehabilitation 

18 Therapists, Respiratory Therapists, Speech Patholo19 gists, Dietitian/Nutritionists, Industrial Hygienists, 

20 Psychology Technicians, Social Service Assistants, 

21 Practical Nurses, Nursing Assistants, and Dental 

22 Hygienists: 

23 (1) The requirements of section 

24 7403(g)(1)(A) of title 38, United States 

25 Code, shall apply. 


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1 (2) The limitations of section 

2 7403(g)(1)(B) of title 38, United States 

3 Code, shall not apply. 

4 SEC. 8074. Funds appropriated by this Act, or made 

5 available by the transfer of funds in this Act, for intel6 ligence activities are deemed to be specifically authorized 

7 by the Congress for purposes of section 504 of the Na8 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

9 year 2012 until the enactment of the Intelligence Author10 ization Act for Fiscal Year 2012. 

11 SEC. 8075. None of the funds provided in this Act 

12 shall be available for obligation or expenditure through a 

13 reprogramming of funds that creates or initiates a new 

14 program, project, or activity unless such program, project, 

15 or activity must be undertaken immediately in the interest 

16 of national security and only after written prior notifica17 tion to the congressional defense committees. 

18 SEC. 8076. The budget of the President for fiscal 

19 year 2013 submitted to the Congress pursuant to section 

20 1105 of title 31, United States Code, shall include sepa21 rate budget justification documents for costs of United 

22 States Armed Forces’ participation in contingency oper23 ations for the Military Personnel accounts, the Operation 

24 and Maintenance accounts, and the Procurement ac25 counts: Provided, That these documents shall include a deVerDate Mar 15 2010 23:11 Jun 16, 2011 Jkt 099200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RH H2219

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1 scription of the funding requested for each contingency op2 eration, for each military service, to include all Active and 

3 Reserve components, and for each appropriations account: 

4 Provided further, That these documents shall include esti5 mated costs for each element of expense or object class, 

6 a reconciliation of increases and decreases for each contin7 gency operation, and programmatic data including, but 

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

9 component, and estimates of the major weapons systems 

10 deployed in support of each contingency: Provided further, 

11 That these documents shall include budget exhibits OP– 

12 5 and OP–32 (as defined in the Department of Defense 

13 Financial Management Regulation) for all contingency op14 erations for the budget year and the two preceding fiscal 

15 years. 

16 SEC. 8077. None of the funds in this Act may be 

17 used for research, development, test, evaluation, procure18 ment or deployment of nuclear armed interceptors of a 

19 missile defense system. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8078. In addition to the amounts appropriated 

22 or otherwise made available elsewhere in this Act, 

23 $44,000,000 is hereby appropriated to the Department of 

24 Defense: Provided, That upon the determination of the 

25 Secretary of Defense that it shall serve the national interVerDate Mar 15 2010 23:11 Jun 16, 2011 Jkt 099200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RH H2219

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1 est, he shall make grants in the amounts specified as fol2 lows: $20,000,000 to the United Service Organizations 

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

4 SEC. 8079. None of the funds appropriated or made 

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

6 the operation of the 53rd Weather Reconnaissance Squad7 ron of the Air Force Reserve, if such action would reduce 

8 the WC–130 Weather Reconnaissance mission below the 

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

10 shall allow the 53rd Weather Reconnaissance Squadron to 

11 perform other missions in support of national defense re12 quirements during the non-hurricane season. 

13 SEC. 8080. None of the funds provided in this Act 

14 shall be available for integration of foreign intelligence in15 formation unless the information has been lawfully col16 lected and processed during the conduct of authorized for17 eign intelligence activities: Provided, That information 

18 pertaining to United States persons shall only be handled 

19 in accordance with protections provided in the Fourth 

20 Amendment of the United States Constitution as imple21 mented through Executive Order No. 12333. 

22 SEC. 8081. (a) At the time members of reserve com23 ponents of the Armed Forces are called or ordered to ac24 tive duty under section 12302(a) of title 10, United States 


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1 Code, each member shall be notified in writing of the ex2 pected period during which the member will be mobilized. 

3 (b) The Secretary of Defense may waive the require4 ments of subsection (a) in any case in which the Secretary 

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

6 national security emergency or to meet dire operational 

7 requirements of the Armed Forces. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8082. The Secretary of Defense may transfer 

10 funds from any available Department of the Navy appro11 priation to any available Navy ship construction appro12 priation for the purpose of liquidating necessary changes 

13 resulting from inflation, market fluctuations, or rate ad14 justments for any ship construction program appropriated 

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

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

17 section: Provided further, That the Secretary may not 

18 transfer any funds until 30 days after the proposed trans19 fer has been reported to the Committees on Appropria20 tions of the House of Representatives and the Senate un21 less a response from the Committees is received sooner: 

22 Provided further, That any funds transferred pursuant to 

23 this section shall retain the same period of availability as 

24 when originally appropriated: Provided further, That the 

25 transfer authority provided by this section is in addition 


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1 to any other transfer authority contained elsewhere in this 

2 Act. 

3 SEC. 8083. 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 

7 made shall be available to reimburse the Judgment Fund 

8 and shall be considered for the same purposes as any sub9 division under the heading ‘‘Shipbuilding and Conversion, 

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

11 prior fiscal year. 

12 SEC. 8084. (a) None of the funds appropriated by 

13 this Act may be used to transfer research and develop14 ment, acquisition, or other program authority relating to 

15 current tactical unmanned aerial vehicles (TUAVs) from 

16 the Army. 

17 (b) The Army shall retain responsibility for and oper18 ational control of the MQ–1C Sky Warrior Unmanned 

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

20 of Defense in matters relating to the employment of un21 manned aerial vehicles. 

22 SEC. 8085. Up to $15,000,000 of the funds appro23 priated under the heading ‘‘Operation and Maintenance, 

24 Navy’’ may be made available for the Asia Pacific Re25 gional Initiative Program for the purpose of enabling the 


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1 Pacific Command to execute Theater Security Cooperation 

2 activities such as humanitarian assistance, and payment 

3 of incremental and personnel costs of training and exer4 cising with foreign security forces: Provided, That funds 

5 made available for this purpose may be used, notwith6 standing any other funding authorities for humanitarian 

7 assistance, security assistance or combined exercise ex8 penses: Provided further, That funds may not be obligated 

9 to provide assistance to any foreign country that is other10 wise prohibited from receiving such type of assistance 

11 under any other provision of law. 

12 SEC. 8086. None of the funds appropriated by this 

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

14 Intelligence shall remain available for obligation beyond 

15 the current fiscal year, except for funds appropriated for 

16 research and technology, which shall remain available until 

17 September 30, 2013. 

18 SEC. 8087. For purposes of section 1553(b) of title 

19 31, United States Code, any subdivision of appropriations 

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

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

22 purpose as any subdivision under the heading ‘‘Ship23 building and Conversion, Navy’’ appropriations in any 

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

25 to the total amount of the appropriation. 


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1 SEC. 8088. Notwithstanding any other provision of 

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

3 Act for environmental remediation may be obligated under 

4 indefinite delivery/indefinite quantity contracts with a 

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

6 SEC. 8089. The Director of National Intelligence 

7 shall include the budget exhibits identified in paragraphs 

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

9 Financial Management Regulation with the congressional 

10 budget justification books. 

11 (1) For procurement programs requesting more 

12 than $10,000,000 in any fiscal year, the P–1, Pro13 curement Program; P–5, Cost Analysis; P–5a, Pro14 curement History and Planning; P–21, Production 

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

16 (2) For research, development, test and evalua17 tion projects requesting more than $5,000,000 in 

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

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

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

21 Schedule Profile. 

22 SEC. 8090. The Secretary of Defense shall create a 

23 major force program category for space for each future24 years defense program of the Department of Defense sub25 mitted to Congress under section 221 of title 10, United 


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1 States Code, during fiscal year 2012. The Secretary of De2 fense shall designate an official in the Office of the Sec3 retary of Defense to provide overall supervision of the 

4 preparation and justification of program recommendations 

5 and budget proposals to be included in such major force 

6 program category. 

7 SEC. 8091. (a) Not later than 60 days after enact8 ment of this Act, the Director of National Intelligence 

9 shall submit a report to the congressional intelligence com10 mittees to establish the baseline for application of re11 programming and transfer authorities pursuant to section 

12 8092 of this Act for fiscal year 2012: Provided, That the 

13 report shall include— 

14 (1) a table for each appropriation with a sepa15 rate column to display the President’s budget re16 quest, adjustments made by Congress, adjustments 

17 due to enacted rescissions, if appropriate, and the 

18 fiscal year enacted level; 

19 (2) a delineation in the table for each appro20 priation by Expenditure Center, project, and sub21 project; and 

22 (3) an identification of items of special congres23 sional interest. 

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1 programming or transfer pursuant to section 8092 of this 

2 Act until the report identified in subsection (a) is sub3 mitted to the congressional intelligence committees, unless 

4 the Director of National Intelligence certifies in writing 

5 15 days in advance to the congressional intelligence com6 mittees that such reprogramming or transfer is necessary 

7 as an emergency requirement. 

8 SEC. 8092. (a) None of the funds provided for the 

9 National Intelligence Program in this or any prior appro10 priations Act shall be available for obligation or expendi11 ture through a reprogramming or transfer of funds in ac12 cordance with section 102A(d) of the National Security 

13 Act of 1947 (50 U.S.C. 403-1(d)) that — 

14 (1) creates a new program, project, or sub15 project, 

16 (2) eliminates a program, project, or subproject, 

17 (3) increases funds or personnel by any means 

18 for any program, project, or subproject, 

19 (4) for which funds have been denied or re20 stricted, 

21 (5) relocates an office or employees, or 

22 (6) reorganizes or renames an office; 

23 unless the Committees on Appropriations of the House of 

24 Representatives and the Senate are notified 15 days in 

25 advance of such reprogramming of funds. 


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1 (b) None of the funds provided for the National Intel2 ligence Program in this or any prior appropriations Act 

3 shall be available for obligation or expenditure through a 

4 reprogramming or transfer of funds in accordance with 

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

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

7 whichever is less, that — 

8 (1) augments existing programs, projects, or 

9 subprojects, 

10 (2) reduces by 10 percent funding for any exist11 ing program, project, or subproject or the number of 

12 personnel by 10 percent as approved by Congress, or 

13 (3) results from any general savings, including 

14 savings from a reduction in personnel costs, which 

15 would result in a change in existing programs, 

16 projects, or subprojects as approved by Congress; 

17 unless the Appropriations Committees of both Houses of 

18 Congress are notified 15 days in advance of such re19 programming of funds. 

20 SEC. 8093. The Director of National Intelligence 

21 shall submit to Congress each year, at or about the time 

22 that the President’s budget is submitted to Congress that 

23 year under section 1105(a) of title 31, United States 

24 Code, a future-years intelligence program (including asso25 ciated annexes) reflecting the estimated expenditures and 


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1 proposed appropriations included in that budget. Any such 

2 future-years intelligence program shall cover the fiscal 

3 year with respect to which the budget is submitted and 

4 at least the four succeeding fiscal years. 

5 SEC. 8094. For the purposes of this Act, the term 

6 ‘‘congressional intelligence committees’’ means the Perma7 nent Select Committee on Intelligence of the House of 

8 Representatives, the Select Committee on Intelligence of 

9 the Senate, the Subcommittee on Defense of the Com10 mittee on Appropriations of the House of Representatives, 

11 and the Subcommittee on Defense of the Committee on 

12 Appropriations of the Senate. 

13 SEC. 8095. The Department of Defense shall con14 tinue to report incremental contingency operations costs 

15 for Operation New Dawn and Operation Enduring Free16 dom on a monthly basis in the Cost of War Execution 

17 Report as prescribed in the Department of Defense Finan18 cial Management Regulation Department of Defense In19 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

20 Operations’’, Annex 1, dated September 2005. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8096. During the current fiscal year, not to ex23 ceed $11,000,000 from each of the appropriations made 

24 in title II of this Act for ‘‘Operation and Maintenance, 

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1 ation and Maintenance, Air Force’’ may be transferred by 

2 the military department concerned to its central fund es3 tablished for Fisher Houses and Suites pursuant to sec4 tion 2493(d) of title 10, United States Code. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8097. Of the funds appropriated in the Intel7 ligence Community Management Account for the Program 

8 Manager for the Information Sharing Environment, 

9 $22,000,000 is available for transfer by the Director of 

10 National Intelligence to other departments and agencies 

11 for purposes of Government-wide information sharing ac12 tivities: Provided, That funds transferred under this provi13 sion are to be merged with and available for the same pur14 poses and time period as the appropriation to which trans15 ferred: Provided further, That the Office of Management 

16 and Budget must approve any transfers made under this 

17 section: Provided further, That the Director of National 

18 Intelligence shall notify the Committees on Appropriations 

19 of the House of Representatives and the Senate of such 

20 transfers pursuant to section pursuant to the reprogram21 ming procedures established in sections 8091 and 8092. 

22 SEC. 8098. Funds appropriated by this Act for oper23 ation and maintenance may be available for the purpose 

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1 force Development Fund in accordance with the require2 ments of section 1705 of title 10, United States Code. 

3 SEC. 8099. (a) Any agency receiving funds made 

4 available in this Act, shall, subject to subsections (b) and 

5 (c), post on the public website of that agency any report 

6 required to be submitted by the Congress in this or any 

7 other Act, upon the determination by the head of the agen8 cy that it shall serve the national interest. 

9 (b) Subsection (a) shall not apply to a report if— 

10 (1) the public posting of the report com11 promises national security; or 

12 (2) the report contains proprietary information. 

13 (c) The head of the agency posting such report shall 

14 do so only after such report has been made available to 

15 the requesting Committee or Committees of Congress for 

16 no less than 45 days. 

17 SEC. 8100. (a) None of the funds appropriated or 

18 otherwise made available by this Act may be expended for 

19 any Federal contract for an amount in excess of 

20 $1,000,000, unless the contractor agrees not to: 

21 (1) enter into any agreement with any of its 

22 employees or independent contractors that requires, 

23 as a condition of employment, that the employee or 

24 independent contractor agree to resolve through ar25 bitration any claim under title VII of the Civil 


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1 Rights Act of 1964 or any tort related to or arising 

2 out of sexual assault or harassment, including as3 sault and battery, intentional infliction of emotional 

4 distress, false imprisonment, or negligent hiring, su5 pervision, or retention; or 

6 (2) take any action to enforce any provision of 

7 an existing agreement with an employee or inde8 pendent contractor that mandates that the employee 

9 or independent contractor resolve through arbitra10 tion any claim under title VII of the Civil Rights Act 

11 of 1964 or any tort related to or arising out of sex12 ual assault or harassment, including assault and 

13 battery, intentional infliction of emotional distress, 

14 false imprisonment, or negligent hiring, supervision, 

15 or retention. 

16 (b) None of the funds appropriated or otherwise 

17 made available by this Act may be expended for any Fed18 eral contract unless the contractor certifies that it requires 

19 each covered subcontractor to agree not to enter into, and 

20 not to take any action to enforce any provision of, any 

21 agreement as described in paragraphs (1) and (2) of sub22 section (a), with respect to any employee or independent 

23 contractor performing work related to such subcontract. 

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1 tractor’’ is an entity that has a subcontract in excess of 

2 $1,000,000 on a contract subject to subsection (a). 

3 (c) The prohibitions in this section do not apply with 

4 respect to a contractor’s or subcontractor’s agreements 

5 with employees or independent contractors that may not 

6 be enforced in a court of the United States. 

7 (d) The Secretary of Defense may waive the applica8 tion of subsection (a) or (b) to a particular contractor or 

9 subcontractor for the purposes of a particular contract or 

10 subcontract if the Secretary or the Deputy Secretary per11 sonally determines that the waiver is necessary to avoid 

12 harm to national security interests of the United States, 

13 and that the term of the contract or subcontract is not 

14 longer than necessary to avoid such harm. The determina15 tion shall set forth with specificity the grounds for the 

16 waiver and for the contract or subcontract term selected, 

17 and shall state any alternatives considered in lieu of a 

18 waiver and the reasons each such alternative would not 

19 avoid harm to national security interests of the United 

20 States. The Secretary of Defense shall transmit to Con21 gress, and simultaneously make public, any determination 

22 under this subsection not less than 15 business days be23 fore the contract or subcontract addressed in the deter24 mination may be awarded. 


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1 SEC. 8101. (a) PROHIBITION ON CONVERSION OF

2 FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO

3 CONTRACTOR PERFORMANCE.—None of the funds appro4 priated by this Act or otherwise made available to the De5 partment of Defense may be used to begin or announce 

6 the competition to award to a contractor or convert to per7 formance by a contractor any functions performed by Fed8 eral employees pursuant to a study conducted under Office 

9 of Management and Budget (OMB) Circular A-76. 

10 (b) EXCEPTION.—The prohibition in subsection (a) 

11 shall not apply to the award of a function to a contractor 

12 or the conversion of a function to performance by a con13 tractor pursuant to a study conducted under Office of 

14 Management and Budget (OMB) Circular A-76 once all 

15 reporting and certifications required by section 325 of the 

16 National Defense Authorization Act for Fiscal Year 2010 

17 (Public Law 111–84) have been satisfactorily completed. 

18 SEC. 8102. (a)(1) No National Intelligence Program 

19 funds appropriated in this Act may be used for a mission 

20 critical or mission essential business management infor21 mation technology system that is not registered with the 

22 Director of National Intelligence. A system shall be con23 sidered to be registered with that officer upon the fur24 nishing notice of the system, together with such informaVerDate Mar 15 2010 23:11 Jun 16, 2011 Jkt 099200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RH H2219

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1 tion concerning the system as the Director of the Business 

2 Transformation Office may prescribe. 

3 (2) During the fiscal year 2012 no funds may 

4 be obligated or expended for a financial management 

5 automated information system, a mixed information 

6 system supporting financial and non-financial sys7 tems, or a business system improvement of more 

8 than $3,000,000, within the intelligence community 

9 without the approval of the Business Trans10 formation Investment Review Board. 

11 (b) This section shall not apply to any programmatic 

12 or analytic systems or programmatic or analytic system 

13 improvements. 

14 SEC. 8103. None of the funds made available under 

15 this Act may be distributed to the Association of Commu16 nity Organizations for Reform Now (ACORN) or its sub17 sidiaries. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8104. Within the funds appropriated for oper20 ation and maintenance for the Defense Health Program 

21 in this Act, up to $132,200,000, shall be available for 

22 transfer to the Joint Department of Defense—Depart23 ment of Veterans Affairs Medical Facility Demonstration 

24 Fund in accordance with the provisions of section 1704 

25 of the National Defense Authorization Act for Fiscal Year 


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1 2010, Public Law 111–84: Provided, That for purposes 

2 of section 1704(b), the facility operations funded are oper3 ations of the integrated Captain James A. Lovell Federal 

4 Health Care Center, consisting of the North Chicago Vet5 erans Affairs Medical Center, the Navy Ambulatory Care 

6 Center, and supporting facilities designated as a combined 

7 Federal medical facility as described by section 706 of 

8 Public Law 110–417: Provided further, That additional 

9 funds may be transferred from funds appropriated for op10 eration and maintenance for the Defense Health Program 

11 to the Joint Department of Defense-Department of Vet12 erans Affairs Medical Facility Demonstration Fund upon 

13 written notification by the Secretary of Defense to the 

14 Committees on Appropriations of the House of Represent15 atives and the Senate. 

16 SEC. 8105. The Secretaries of the Army, Navy, Air 

17 Force, and the Directors of the Defense Agencies and 

18 Field Activities (in coordination with the appropriate Prin19 cipal Staff Assistant), in coordination with the Under Sec20 retary of Defense for Personnel and Readiness, shall re21 port to the congressional defense committees within 60 

22 days of enactment of this Act their plan for documenting 

23 the number of full-time contractor employees (or its equiv24 alent), as required by United States Code title 10, section 

25 2330a. 


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1 SEC. 8106. 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 by 

4 striking ‘‘2 years’’ both places it appears and inserting 

5 ‘‘3 years’’. 

6 SEC. 8107. 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. 8108. 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. 8109. 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. 8110. Of the amounts appropriated for Military 

24 Personnel under title I of the Act, not to exceed 1 percent 


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1 of each appropriation shall remain available until Sep2 tember 30, 2013. 

3 SEC. 8111. 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. 8112. 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. 8113. (a) None of the funds provided in this 

23 title for Operation and Maintenance may be available for 

24 obligation or expenditure to relocate Air Force program 

25 offices, or acquisition management functions of major 


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1 weapons systems, to a central location, or to any location 

2 other than the Air Force Material Command site where 

3 they are currently located until 30 days after the Sec4 retary of the Air Force submits the initial report under 

5 subsection (b). 

6 (b) The Secretary of the Air Force shall submit to 

7 the congressional defense committees a report which in8 cludes the following: a listing of all Air Force Material 

9 Command functions to be transferred and an identifica10 tion of the locations where these functions will be trans11 ferred from and to; a listing of all Air Force Material 

12 Command personnel positions to be transferred and an 

13 identification of the locations these positions will be trans14 ferred from and to; and the cost benefit analysis and the 

15 life-cycle cost analysis underpinning the Secretary of the 

16 Air Forces decisions to relocate Air Force Material Com17 mand functions and personnel. 

18 SEC. 8114. 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. 8115. 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. 8116. (a) None of the funds appropriated in this 

9 Act for the National Intelligence Program or the Military 

10 Intelligence Program are available to establish a new fed11 erally funded research and development center (FFRDC), 

12 either as a new entity, or as a separate entity adminis13 trated by an organization managing another FFRDC, or 

14 as a nonprofit membership corporation consisting of a con15 sortium of other FFRDCs and other nonprofit entities. 

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

17 Overseers, Advisory Group, Special Issues Panel, Visiting 

18 Committee, or any similar entity of a defense or intel19 ligence FFRDC, and no paid consultant to any defense 

20 or intelligence FFRDC, except when acting in a technical 

21 advisory capacity, may be compensated for his or her serv22 ices as a member of such entity, or as a paid consultant 

23 by more than one FFRDC in a fiscal year: Provided, That 

24 a member of any such entity referred to previously in this 

25 subsection shall be allowed travel expenses and per diem 


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1 as authorized under the Federal Joint Travel Regulations, 

2 when engaged in the performance of membership duties. 

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

4 of the funds available to a National Intelligence Program 

5 or Military Intelligence Program from any source during 

6 fiscal year 2012 may be used by a defense or intelligence 

7 FFRDC, through a fee or other payment mechanism, for 

8 construction of new buildings, for payment of cost sharing 

9 for projects funded by Government grants, for absorption 

10 of contract overruns, or for certain charitable contribu11 tions, not to include employee participation in community 

12 service and/or development. 

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

14 the funds available to the National Intelligence Program 

15 or Military Intelligence Program during fiscal year 2012, 

16 the total level of funding and staff years of technical effort 

17 (staff years) for FFRDCs shall not exceed the allocation 

18 included in the classified annex accompanying this Act. 

19 (e) The Secretary of Defense and the Director of Na20 tional Intelligence shall, with the submission of the fiscal 

21 year 2013 budget request, submit a report presenting the 

22 specific amounts of staff years of technical effort to be 

23 allocated for each FFRDC during that fiscal year and the 

24 associated budget estimates for the National Intelligence 

25 Programs and Military Intelligence Programs: Provided, 


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1 That such information shall be provided in a classified 

2 manner. 

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

4 the total amount appropriated in this Act for National In5 telligence Program and Military Intelligence Program 

6 FFRDCs is hereby reduced by the amount specified in the 

7 classified annex. 

8 SEC. 8117. 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. 8118. 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. 8119. 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. 8120. 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. 8121. 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. 8122. In addition to amounts provided else14 where in this Act, there is appropriated $250,000,000, for 

15 an additional amount for ‘‘Operation and Maintenance, 

16 Defense-Wide’’, to be available until expended: Provided, 

17 That such funds shall only be available to the Secretary 

18 of Defense, acting through the Office of Economic Adjust19 ment of the Department of Defense, or for transfer to the 

20 Secretary of Education, notwithstanding any other provi21 sion of law, to make grants, conclude cooperative agree22 ments, or supplement other Federal funds to construct, 

23 renovate, repair, or expand elementary and secondary pub24 lic schools on military installations in order to address ca25 pacity or facility condition deficiencies at such schools: 


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1 Provided further, That in making such funds available, the 

2 Office of Economic Adjustment or the Secretary of Edu3 cation shall give priority consideration to those military 

4 installations with schools having the most serious capacity 

5 or facility condition deficiencies as determined by the Sec6 retary of Defense. 

7 SEC. 8123. 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. 8124. (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 terrorism or 

15 a designated foreign terrorist organization; 

16 (2) maintains effective control over each detention fa17 cility in which an individual is to be detained if the indi18 vidual is to be housed in a detention facility; 

19 (3) is not, as of the date of the certification, facing 

20 a threat that is likely to substantially affect its ability to 

21 exercise control over the individual; 

22 (4) has agreed to take effective steps to ensure that 

23 the individual cannot take action to threaten the United 

24 States, its citizens, or its allies in the future; 


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1 (5) has taken such steps as the Secretary determines 

2 are necessary to ensure that the individual cannot engage 

3 or reengage in any terrorist activity; and 

4 (6) has agreed to share any information with the 

5 United States that— 

6 (A) is related to the individual or any associates 

7 of the individual; and 

8 (B) could affect the security of the United 

9 States, its citizens, or its allies. 

10 (7) has agreed to allow appropriate agencies of the 

11 United States to have access to the individual, if re12 quested. 

13 (c)(1) Except as provided in paragraph (3), none of 

14 the funds appropriated or otherwise made available in this 

15 or any other Act may be used to transfer any individual 

16 detained at Guantanamo to the custody or effective control 

17 of the individual’s country of origin, any other foreign 

18 country, or any other foreign entity if there is a confirmed 

19 case of any individual who was detained at United States 

20 Naval Station, Guantanamo Bay, Cuba, at any time after 

21 September 11, 2001, who was transferred to the foreign 

22 country or entity and subsequently engaged in any ter23 rorist activity. 

24 (2) The Secretary of Defense may waive the prohibi25 tion in paragraph (1) if the Secretary determines that 


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1 such a transfer is in the national security interests of the 

2 United States and includes, as part of the certification de3 scribed in subsection (b) relating to such transfer, the de4 termination of the Secretary under this paragraph. 

5 (3) Paragraph (1) shall not apply to any action taken 

6 by the Secretary to transfer any individual detained at 

7 Guantanamo to effectuate an order affecting the disposi8 tion of the individual that is issued by a court or com9 petent tribunal of the United States having lawful jurisdic10 tion. The Secretary shall notify Congress promptly upon 

11 issuance of any such order. 

12 (d) For the purposes of this section: 

13 (1) The term ‘‘individual detained at Guanta14 namo’’ means any individual who is located at 

15 United States Naval Station, Guantanamo Bay, 

16 Cuba, as of October 1, 2009, who— 

17 (A) is not a citizen of the United States or 

18 a member of the Armed Forces of the United 

19 States; and 

20 (B) is— 

21 (i) in the custody or under the effec22 tive control of the Department of Defense; 

23 or 


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1 (ii) otherwise under detention at 

2 United States Naval Station, Guantanamo 

3 Bay, Cuba. 

4 (2) The term ‘‘foreign terrorist organization’’ 

5 means any organization so designated by the Sec6 retary of State under section 219 of the Immigra7 tion and Nationality Act (8 U.S.C.1189). 

8 SEC. 8125. (a) None of the funds appropriated or 

9 otherwise made available by this or any other Act may 

10 be used to modify any facility in the United States, its 

11 territories, or possessions to house any individual de12 scribed in subsection (c) for the purposes of detention or 

13 imprisonment in the custody or under the effective control 

14 of the Department of Defense. 

15 (b) The prohibition in subsection (a) shall not apply 

16 to any modification of facilities at United States Naval 

17 Station, Guantanamo Bay, Cuba. 

18 (c) An individual described in this subsection is any 

19 individual who, as of June 24, 2009, is located at United 

20 States Naval Station, Guantanamo Bay, Cuba, and who— 

21 (1) is not a citizen of the United States or a 

22 member of the Armed Forces of the United States; 

23 and 

24 (2) is— 


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1 (A) in the custody or under the effective 

2 control of the Department of Defense; or 

3 (B) otherwise under detention at United 

4 States Naval Station, Guantanamo Bay, Cuba. 

5 SEC. 8126. (a) IN GENERAL.—Of the funds made 

6 available to the Department of Defense under ‘‘Operation 

7 and Maintenance, Defense-Wide’’ in title II, $1,000,000 

8 shall be available to the Department to commission 

9 through a competitive, independent, private sector entity 

10 that is an organization described in section 501(c)(3) of 

11 the Internal Revenue Code of 1986 and exempt from tax 

12 under section 501(a) of such Code, and has recognized 

13 credentials and expertise in military affairs, to conduct a 

14 forward-looking, independent assessment of the current 

15 and prospective situation on the ground in Afghanistan 

16 and Pakistan, its impact on the surrounding region, and 

17 its consequences for United States interests. The entity 

18 shall examine 4 broad topic areas to include the strategic 

19 environment in and around Afghanistan and Pakistan, as 

20 well as security, political, and economic and reconstruction 

21 developments in those 2 countries. 

22 (b) REPORT.—Not later than 120 days after the date 

23 of the enactment of this Act, the entity described in sub24 section (a) shall submit to the President and the Congress 

25 a report on the assessment conducted under subsection 


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1 (a), including relevant policy recommendations relating 

2 thereto. 

3 (c) SENSE OF CONGRESS.—It is the sense of Con4 gress that the entity described in subsection (a) should 

5 be modeled on the Iraq Study Group. 

6 SEC. 8127. Not more than $200,000,000 of the funds 

7 made available by this Act may be expended for military 

8 musical units (as defined in section 974 of title 10, United 

9 States Code). 

10 SEC. 8128. Not later than 90 days after the date of 

11 the enactment of this Act, the Secretary of Defense shall 

12 submit to the congressional defense committees a report 

13 on the approximately $100,000,000,000 in efficiency sav14 ings identified by the military departments in the defense 

15 budget covering fiscal years 2012 through 2016 that are 

16 to be reinvested in the priorities of the military depart17 ments. Such report shall include an analysis of— 

18 (1) each savings identified by the military de19 partments, including— 

20 (A) the budget account from which such 

21 savings will be derived; 

22 (B) the number of military personnel and 

23 full-time civilian employees of the Federal Gov24 ernment affected by such savings; 


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1 (C) the estimated reductions in the number 

2 and funding of contractor personnel caused by 

3 such savings; and 

4 (D) a specific description of activities or 

5 services that will be affected by such savings, 

6 including the locations of such activities or serv7 ices; and 

8 (2) each reinvestment planned to be funded 

9 with such savings, including— 

10 (A) with respect to such reinvestment in 

11 procurement and research, development, test 

12 and evaluation accounts, the budget account to 

13 which such savings will be reinvested, including, 

14 by line item, the number of items to be pro15 cured, as shown in annual P–1 and R–1 docu16 ments; 

17 (B) with respect to such reinvestment in 

18 military personnel and operation and mainte19 nance accounts, the budget account and the 

20 subactivity (as shown in annual—1 and O–1 

21 budget documents) to which such savings will 

22 be reinvested; 

23 (C) the number of military personnel and 

24 full-time civilian employees of the Federal Gov25 ernment affected by such reinvestment; 


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1 (D) the estimated number and funding of 

2 contractor personnel affected by such reinvest3 ment; and 

4 (E) a specific description of activities or 

5 services that will be affected by such reinvest6 ment, including the locations of such activities 

7 or services. 

8 SEC. 8129. None of the funds made available by this 

9 Act may be used to enter into a contract, memorandum 

10 of understanding, or cooperative agreement with, make a 

11 grant to, or provide a loan or loan guarantee to, any cor12 poration that any unpaid Federal tax liability that has 

13 been assessed, for which all judicial and administrative 

14 remedies have been exhausted or have lapsed, and that 

15 is not being paid in a timely manner pursuant to an agree16 ment with the authority responsible for collecting the tax 

17 liability. 

18 SEC. 8130. None of the funds made available by this 

19 Act may be used to enter into a contract, memorandum 

20 of understanding, or cooperative agreement with, make a 

21 grant to, or provide a loan or loan guarantee to, any cor22 poration that was convicted of a felony criminal violation 

23 under any Federal law within the preceding 24 months. 


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1 TITLE IX 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $6,822,635,000: Provided, That each amount in 

7 this paragraph is designated as being for the global war 

8 on terrorism pursuant to section 301 of H. Con. Res. 34 

9 (112th Congress). 

10 MILITARY PERSONNEL, NAVY

11 For an additional amount for ‘‘Military Personnel, 

12 Navy’’, $919,034,000: Provided, That each amount in this 

13 paragraph is designated as being for the global war on 

14 terrorism pursuant to section 301 of H. Con. Res. 34 

15 (112th Congress). 

16 MILITARY PERSONNEL, MARINE CORPS

17 For an additional amount for ‘‘Military Personnel, 

18 Marine Corps’’, $675,360,000: 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 MILITARY PERSONNEL, AIR FORCE

23 For an additional amount for ‘‘Military Personnel, 

24 Air Force’’, $1,436,353,000: Provided, That each amount 

25 in this paragraph is designated as being for the global war 


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1 on terrorism pursuant to section 301 of H. Con. Res. 34 

2 (112th Congress). 

3 RESERVE PERSONNEL, ARMY

4 For an additional amount for ‘‘Reserve Personnel, 

5 Army’’, $207,162,000: 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, NAVY

10 For an additional amount for ‘‘Reserve Personnel, 

11 Navy’’, $44,530,000: 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 RESERVE PERSONNEL, MARINE CORPS

16 For an additional amount for ‘‘Reserve Personnel, 

17 Marine Corps’’, $25,421,000: 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, AIR FORCE

22 For an additional amount for ‘‘Reserve Personnel, 

23 Air Force’’, $26,815,000: Provided, That each amount in 

24 this paragraph is designated as being for the global war 


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1 on terrorism pursuant to section 301 of H. Con. Res. 34 

2 (112th Congress). 

3 NATIONAL GUARD PERSONNEL, ARMY

4 For an additional amount for ‘‘National Guard Per5 sonnel, Army’’, $646,879,000: 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 NATIONAL GUARD PERSONNEL, AIR FORCE

10 For an additional amount for ‘‘National Guard Per11 sonnel, Air Force’’, $9,435,000: 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 OPERATION AND MAINTENANCE 

16 OPERATION AND MAINTENANCE, ARMY

17 For an additional amount for ‘‘Operation and Main18 tenance, Army’’, $39,175,755,000: 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, NAVY

23 For an additional amount for ‘‘Operation and Main24 tenance, Navy’’, $6,749,489,000: Provided, That each 

25 amount in this paragraph is designated as being for the 


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1 global war on terrorism pursuant to section 301 of H. 

2 Con. Res. 34 (112th Congress). 

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Main5 tenance, Marine Corps’’, $3,571,210,000: 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, AIR FORCE

10 For an additional amount for ‘‘Operation and Main11 tenance, Air Force’’, $10,739,587,000: 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, DEFENSE-WIDE

16 For an additional amount for ‘‘Operation and Main17 tenance, Defense-Wide’’, $9,312,876,000: Provided, That 

18 each amount in this paragraph is designated as being for 

19 the global war on terrorism pursuant to section 301 of 

20 H. Con. Res. 34 (112th Congress): Provided further, That 

21 of the funds provided under this heading: 

22 (1) Not to exceed $12,500,000 for the Combat23 ant Commander Initiative Fund, to be used in sup24 port of Operation New Dawn and Operation Endur25 ing Freedom. 


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1 (2) Not to exceed $1,750,000,000, to remain 

2 available until expended, for payments to reimburse 

3 key cooperating nations for logistical, military, and 

4 other support, including access provided to United 

5 States military operations in support of Operation 

6 New Dawn and Operation Enduring Freedom, not7 withstanding any other provision of law: Provided, 

8 That such reimbursement payments may be made in 

9 such amounts as the Secretary of Defense, with the 

10 concurrence of the Secretary of State, and in con11 sultation with the Director of the Office of Manage12 ment and Budget, may determine, in his discretion, 

13 based on documentation determined by the Secretary 

14 of Defense to adequately account for the support 

15 provided, and such determination is final and con16 clusive upon the accounting officers of the United 

17 States, and 15 days following notification to the ap18 propriate congressional committees: Provided further, 

19 That the requirement to provide notification shall 

20 not apply with respect to a reimbursement for access 

21 based on an international agreement: Provided fur22 ther, That these funds may be used for the purpose 

23 of providing specialized training and procuring sup24 plies and specialized equipment and providing such 

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1 bursable basis to coalition forces supporting United 

2 States military operations in Iraq and Afghanistan, 

3 and 15 days following notification to the appropriate 

4 congressional committees: Provided further, That the 

5 Secretary of Defense shall provide quarterly reports 

6 to the congressional defense committees on the use 

7 of funds provided in this paragraph. 

8 OPERATION AND MAINTENANCE, ARMY RESERVE

9 For an additional amount for ‘‘Operation and Main10 tenance, Army Reserve’’, $217,500,000: Provided, That 

11 each amount in this paragraph is designated as being for 

12 the global war on terrorism pursuant to section 301 of 

13 H. Con. Res. 34 (112th Congress). 

14 OPERATION AND MAINTENANCE, NAVY RESERVE

15 For an additional amount for ‘‘Operation and Main16 tenance, Navy Reserve’’, $74,148,000: Provided, That 

17 each amount in this paragraph is designated as being for 

18 the global war on terrorism pursuant to section 301 of 

19 H. Con. Res. 34 (112th Congress). 

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 RESERVE

22 For an additional amount for ‘‘Operation and Main23 tenance, Marine Corps Reserve’’, $36,084,000: Provided, 

24 That each amount in this paragraph is designated as 


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1 being for the global war on terrorism pursuant to section 

2 301 of H. Con. Res. 34 (112th Congress). 

3 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Air Force Reserve’’, $142,050,000: Provided, 

6 That each amount in this paragraph is designated as 

7 being for the global war on terrorism pursuant to section 

8 301 of H. Con. Res. 34 (112th Congress). 

9 OPERATION AND MAINTENANCE, ARMY NATIONAL

10 GUARD

11 For an additional amount for ‘‘Operation and Main12 tenance, Army National Guard’’, $387,544,000: 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 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

17 For an additional amount for ‘‘Operation and Main18 tenance, Air National Guard’’, $34,050,000: 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 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 In addition to amounts provided elsewhere in this 

25 Act, there is appropriated $5,000,000,000 for the ‘‘OverVerDate Mar 15 2010 23:11 Jun 16, 2011 Jkt 099200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RH H2219

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1 seas Contingency Operations Transfer Fund’’ for expenses 

2 directly relating to overseas contingency operations by 

3 United States military forces, to be available until ex4 pended: Provided, That each amount in this paragraph is 

5 designated as being for the global war on terrorism pursu6 ant to section 301 of H. Con. Res. 34 (112th Congress): 

7 Provided further, That of the funds made available in this 

8 section, the Secretary of Defense may transfer these funds 

9 only to military personnel accounts, operation and mainte10 nance accounts, procurement accounts, and working cap11 ital fund accounts: Provided further, That the funds trans12 ferred shall be merged with and shall be available for the 

13 same purposes and for the same time period, as the appro14 priation to which transferred: Provided further, that the 

15 Secretary shall notify the congressional defense commit16 tees 15 days prior to such transfer: Provided further, That 

17 the transfer authority provided under this heading is in 

18 addition to any other transfer authority available to the 

19 Department of Defense: Provided further, That upon a de20 termination that all or part of the funds transferred from 

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

23 this appropriation and shall be available for the same pur24 poses and for the same time period as originally appro25 priated. 


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1 AFGHANISTAN INFRASTRUCTURE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 There is hereby established in the Treasury of the 

4 United States the ‘‘Afghanistan Infrastructure Fund’’. 

5 For the ‘‘Afghanistan Infrastructure Fund’’, 

6 $475,000,000, to remain available until September 30, 

7 2013: Provided, That such sums shall be available for in8 frastructure projects in Afghanistan, notwithstanding any 

9 other provision of law, which shall be undertaken by the 

10 Secretary of State, unless the Secretary of State and the 

11 Secretary of Defense jointly decide that a specific project 

12 will be undertaken by the Department of Defense: Pro13 vided further, That the infrastructure referred to in the 

14 preceding proviso is in support of the counterinsurgency 

15 strategy, requiring funding for facility and infrastructure 

16 projects, including, but not limited to, water, power, and 

17 transportation projects and related maintenance and 

18 sustainment costs: Provided further, That the authority to 

19 undertake such infrastructure projects is in addition to 

20 any other authority to provide assistance to foreign na21 tions: Provided further, That any projects funded by this 

22 appropriation shall be jointly formulated and concurred in 

23 by the Secretary of State and Secretary of Defense: Pro24 vided further, That funds may be transferred to the De25 partment of State for purposes of undertaking projects, 


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1 which funds shall be considered to be economic assistance 

2 under the Foreign Assistance Act of 1961 for purposes 

3 of making available the administrative authorities con4 tained in that Act: Provided further, That the transfer au5 thority in the preceding proviso is in addition to any other 

6 authority available to the Department of Defense to trans7 fer funds: Provided further, That any unexpended funds 

8 transferred to the Secretary of State under this authority 

9 shall be returned to the Afghanistan Infrastructure Fund 

10 if the Secretary of State, in coordination with the Sec11 retary of Defense, determines that the project cannot be 

12 implemented for any reason, or that the project no longer 

13 supports the counterinsurgency strategy in Afghanistan: 

14 Provided further, That any funds returned to the Sec15 retary of Defense under the previous proviso shall be avail16 able for use under this appropriation and shall be treated 

17 in the same manner as funds not transferred to the Sec18 retary of State: Provided further, That contributions of 

19 funds for the purposes provided herein to the Secretary 

20 of State in accordance with section 635(d) of the Foreign 

21 Assistance Act from any person, foreign government, or 

22 international organization may be credited to this Fund, 

23 to remain available until expended, and used for such pur24 poses: Provided further, That the Secretary of Defense 

25 shall, not fewer than 15 days prior to making transfers 


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1 to or from, or obligations from the Fund, notify the appro2 priate committees of Congress in writing of the details of 

3 any such transfer: Provided further, That for the purpose 

4 of the section the ‘‘appropriate committees of Congress’’ 

5 are the Committees on Armed Services, Foreign Relations 

6 and Appropriations of the Senate and the Committees on 

7 Armed Services, Foreign Affairs and Appropriations of the 

8 House of Representatives: Provided further, That each 

9 amount in this paragraph is designated as being for the 

10 global war on terrorism pursuant to section 301 of H. 

11 Con. Res. 34 (112th Congress). 

12 AFGHANISTAN SECURITY FORCES FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For the ‘‘Afghanistan Security Forces Fund’’, 

15 $12,800,000,000, to remain available until September 30, 

16 2013: Provided, That such funds shall be available to the 

17 Secretary of Defense, notwithstanding any other provision 

18 of law, for the purpose of allowing the Commander, Com19 bined Security Transition Command—Afghanistan, or the 

20 Secretary’s designee, to provide assistance, with the con21 currence of the Secretary of State, to the security forces 

22 of Afghanistan, including the provision of equipment, sup23 plies, services, training, facility and infrastructure repair, 

24 renovation, and construction, and funding: Provided fur25 ther, That the authority to provide assistance under this 


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1 heading is in addition to any other authority to provide 

2 assistance to foreign nations: Provided further, That up 

3 to $15,000,000 of these funds may be available for coali4 tion police trainer life support costs: Provided further, 

5 That contributions of funds for the purposes provided 

6 herein from any person, foreign government, or inter7 national organization may be credited to this Fund and 

8 used for such purposes: Provided further, That the Sec9 retary of Defense shall notify the congressional defense 

10 committees in writing upon the receipt and upon the obli11 gation of any contribution, delineating the sources and 

12 amounts of the funds received and the specific use of such 

13 contributions: Provided further, That the Secretary of De14 fense shall, not fewer than 15 days prior to obligating 

15 from this appropriation account, notify the congressional 

16 defense committees in writing of the details of any such 

17 obligation: Provided further, That the Secretary of Defense 

18 shall notify the congressional defense committees of any 

19 proposed new projects or transfer of funds between budget 

20 sub-activity groups in excess of $20,000,000: Provided fur21 ther, That each amount in this paragraph is designated 

22 as being for the global war on terrorism pursuant to sec23 tion 301 of H. Con. Res. 34 (112th Congress). 


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1 PAKISTAN COUNTERINSURGENCY FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Pakistan Counterinsurgency Fund’’, 

4 $1,100,000,000, to remain available until September 30, 

5 2013: Provided, That such funds shall be available to the 

6 Secretary of Defense, with the concurrence of the Sec7 retary of State, notwithstanding any other provision of 

8 law, for the purpose of allowing the Secretary of Defense, 

9 or the Secretary’s designee, to provide assistance to Paki10 stan’s security forces; including program management and 

11 the provision of equipment, supplies, services, training, 

12 and funds; and facility and infrastructure repair, renova13 tion, and construction to build the counterinsurgency ca14 pability of Pakistan’s military and Frontier Corps: Pro15 vided further, That the authority to provide assistance 

16 under this provision is in addition to any other authority 

17 to provide assistance to foreign nations: Provided further, 

18 That the Secretary of Defense may transfer funds pro19 vided herein to appropriations for operation and mainte20 nance; procurement; research, development, test and eval21 uation; defense working capital funds; and to the Depart22 ment of State, Pakistan Counterinsurgency Capability 

23 Fund to accomplish the purpose provided herein: Provided 

24 further, That the transfer authority in the preceding pro25 viso is in addition to any other authority available to the 


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1 Department of Defense to transfer funds: Provided fur2 ther, That funds so transferred shall be merged with and 

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

4 period as the appropriation or fund to which transferred: 

5 Provided further, That the Secretary of Defense shall, not 

6 fewer than 15 days prior to making transfers from this 

7 appropriation account, notify the Committees on Appro8 priations in writing of the details of any such transfer: 

9 Provided further, That each amount in this paragraph is 

10 designated as being for the global war on terrorism pursu11 ant to section 301 of H. Con. Res. 34 (112th Congress). 

12 PROCUREMENT 

13 AIRCRAFT PROCUREMENT, ARMY

14 For an additional amount for ‘‘Aircraft Procurement, 

15 Army’’, $387,900,000, 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 MISSILE PROCUREMENT, ARMY

21 For an additional amount for ‘‘Missile Procurement, 

22 Army’’, $118,412,000, to remain available until Sep23 tember 30, 2014: Provided, That each amount in this 

24 paragraph is designated as being for the global war on 


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1 terrorism pursuant to section 301 of H. Con. Res. 34 

2 (112th Congress). 

3 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

4 VEHICLES, ARMY

5 For an additional amount for ‘‘Procurement of Weap6 ons and Tracked Combat Vehicles, Army’’, $37,117,000, 

7 to remain available until September 30, 2014: Provided, 

8 That each amount in this paragraph is designated as 

9 being for the global war on terrorism pursuant to section 

10 301 of H. Con. Res. 34 (112th Congress). 

11 PROCUREMENT OF AMMUNITION, ARMY

12 For an additional amount for ‘‘Procurement of Am13 munition, Army’’, $208,381,000, to remain available until 

14 September 30, 2014: Provided, That each amount in this 

15 paragraph is designated as being for the global war on 

16 terrorism pursuant to section 301 of H. Con. Res. 34 

17 (112th Congress). 

18 OTHER PROCUREMENT, ARMY

19 For an additional amount for ‘‘Other Procurement, 

20 Army’’, $1,398,195,000, to remain available until Sep21 tember 30, 2014: Provided, That each amount in this 

22 paragraph is designated as being for the global war on 

23 terrorism pursuant to section 301 of H. Con. Res. 34 

24 (112th Congress). 


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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $492,060,000, to remain available until September 

4 30, 2014: Provided, That each amount in this paragraph 

5 is designated as being for the global war on terrorism pur6 suant to section 301 of H. Con. Res. 34 (112th Congress). 

7 WEAPONS PROCUREMENT, NAVY

8 For an additional amount for ‘‘Weapons Procure9 ment, Navy’’, $41,070,000, to remain available until Sep10 tember 30, 2014: Provided, That each amount in this 

11 paragraph is designated as being for the global war on 

12 terrorism pursuant to section 301 of H. Con. Res. 34 

13 (112th Congress). 

14 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

15 CORPS

16 For an additional amount for ‘‘Procurement of Am17 munition, Navy and Marine Corps’’, $317,100,000, to re18 main available until September 30, 2014: Provided, That 

19 each amount in this paragraph is designated as being for 

20 the global war on terrorism pursuant to section 301 of 

21 H. Con. Res. 34 (112th Congress). 

22 OTHER PROCUREMENT, NAVY

23 For an additional amount for ‘‘Other Procurement, 

24 Navy’’, $249,514,000, to remain available until September 

25 30, 2014: Provided, That each amount in this paragraph 


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1 is designated as being for the global war on terrorism pur2 suant to section 301 of H. Con. Res. 34 (112th Congress). 

3 PROCUREMENT, MARINE CORPS

4 For an additional amount for ‘‘Procurement, Marine 

5 Corps’’, $1,183,996,000, to remain available until Sep6 tember 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 AIRCRAFT PROCUREMENT, AIR FORCE

11 For an additional amount for ‘‘Aircraft Procurement, 

12 Air Force’’, $440,265,000, 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 MISSILE PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Missile Procurement, 

19 Air Force’’, $46,920,000, to remain available until Sep20 tember 30, 2014: Provided, That each amount in this 

21 paragraph is designated as being for the global war on 

22 terrorism pursuant to section 301 of H. Con. Res. 34 

23 (112th Congress). 


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1 PROCUREMENT OF AMMUNITION, AIR FORCE

2 For an additional amount for ‘‘Procurement of Am3 munition, Air Force’’, $139,510,000, to remain available 

4 until September 30, 2014: Provided, That each amount 

5 in this paragraph is designated as being for the global war 

6 on terrorism pursuant to section 301 of H. Con. Res. 34 

7 (112th Congress). 

8 OTHER PROCUREMENT, AIR FORCE

9 For an additional amount for ‘‘Other Procurement, 

10 Air Force’’, $3,213,010,000, to remain available until 

11 September 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, DEFENSE-WIDE

16 For an additional amount for ‘‘Procurement, De17 fense-Wide’’, $406,668,000, to remain available until Sep18 tember 30, 2014: Provided, That each amount in this 

19 paragraph is designated as being for the global war on 

20 terrorism pursuant to section 301 of H. Con. Res. 34 

21 (112th Congress). 

22 NATIONAL GUARD AND RESERVE EQUIPMENT

23 For procurement of aircraft, missiles, tracked combat 

24 vehicles, ammunition, other weapons and other procure25 ment for the reserve components of the Armed Forces, 


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1 $1,500,000,000, to remain available for obligation until 

2 September 30, 2014, of which $490,000,000 shall be 

3 available only for the Army National Guard: Provided, 

4 That the Chiefs of National Guard and Reserve compo5 nents shall, not later than 30 days after the enactment 

6 of this Act, individually submit to the congressional de7 fense committees the modernization priority assessment 

8 for their respective National Guard or Reserve component: 

9 Provided further, That each amount in this paragraph is 

10 designated as being for the global war on terrorism pursu11 ant to section 301 of H. Con. Res. 34 (112th Congress). 

12 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Mine Resistant Ambush Protected Vehicle 

15 Fund, $3,195,170,000, to remain available until Sep16 tember 30, 2013: Provided, That such funds shall be avail17 able to the Secretary of Defense, notwithstanding any 

18 other provision of law, to procure, sustain, transport, and 

19 field Mine Resistant Ambush Protected vehicles: Provided 

20 further, That the Secretary shall transfer such funds only 

21 to appropriations made available in this or any other Act 

22 for operation and maintenance; procurement; research, de23 velopment, test and evaluation; and defense working cap24 ital funds to accomplish the purpose provided herein: Pro25 vided further, That such funds transferred shall be merged 


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1 with and be available for the same purposes and the same 

2 time period as the appropriation to which transferred: 

3 Provided further, That this transfer authority is in addi4 tion to any other transfer authority available to the De5 partment of Defense: Provided further, That the Secretary 

6 shall, not fewer than 10 days prior to making transfers 

7 from this appropriation, notify the congressional defense 

8 committees in writing of the details of any such transfer: 

9 Provided further, That each amount in this paragraph is 

10 designated as being for the global war on terrorism pursu11 ant to section 301 of H. Con. Res. 34 (112th Congress). 

12 RESEARCH, DEVELOPMENT, TEST, AND 

13 EVALUATION 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 ARMY

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Army’’, $8,513,000, to remain 

18 available until September 30, 2013: 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 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

23 NAVY

24 For an additional amount for ‘‘Research, Develop25 ment, Test and Evaluation, Navy’’, $53,884,000, to reVerDate Mar 15 2010 23:11 Jun 16, 2011 Jkt 099200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H2219.RH H2219

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1 main available until September 30, 2013: Provided, That 

2 each amount in this paragraph is designated as being for 

3 the global war on terrorism pursuant to section 301 of 

4 H. Con. Res. 34 (112th Congress). 

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

6 AIR FORCE

7 For an additional amount for ‘‘Research, Develop8 ment, Test and Evaluation, Air Force’’, $182,000,000, to 

9 remain available until September 30, 2013: Provided, 

10 That each amount in this paragraph is designated as 

11 being for the global war on terrorism pursuant to section 

12 301 of H. Con. Res. 34 (112th Congress). 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 DEFENSE-WIDE

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Defense-Wide’’, 

17 $192,361,000, to remain available until September 30, 

18 2013: Provided, That each amount in this paragraph is 

19 designated as being for the global war on terrorism pursu20 ant to section 301 of H. Con. Res. 34 (112th Congress). 

21 REVOLVING AND MANAGEMENT FUNDS 

22 DEFENSE WORKING CAPITAL FUNDS

23 For an additional amount for ‘‘Defense Working 

24 Capital Funds’’, $435,013,000: Provided, That each 

25 amount in this paragraph is designated as being for the 


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1 global war on terrorism pursuant to section 301 of H. 

2 Con. Res. 34 (112th Congress). 

3 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

4 DEFENSE HEALTH PROGRAM

5 For an additional amount for ‘‘Defense Health Pro6 gram’’, $1,228,288,000, which shall be for operation and 

7 maintenance: Provided, That each amount in this para8 graph is designated as being for the global war on ter9 rorism pursuant to section 301 of H. Con. Res. 34 (112th 

10 Congress). 

11 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

12 For an additional amount for ‘‘Drug Interdiction and 

13 Counter-Drug Activities’’, $469,458,000, to remain avail14 able until September 30, 2013: 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 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for ‘‘Joint Improvised Ex21 plosive Device Defeat Fund’’, $2,577,500,000, to remain 

22 available until September 30, 2014: Provided, That such 

23 funds shall be available to the Secretary of Defense, not24 withstanding any other provision of law, for the purpose 

25 of allowing the Director of the Joint Improvised Explosive 


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1 Device Defeat Organization to investigate, develop and 

2 provide equipment, supplies, services, training, facilities, 

3 personnel and funds to assist United States forces in the 

4 defeat of improvised explosive devices: Provided further, 

5 That the Secretary of Defense may transfer funds pro6 vided herein to appropriations for military personnel; oper7 ation and maintenance; procurement; research, develop8 ment, test and evaluation; and defense working capital 

9 funds to accomplish the purpose provided herein: Provided 

10 further, That this transfer authority is in addition to any 

11 other transfer authority available to the Department of 

12 Defense: Provided further, That the Secretary of Defense 

13 shall, not fewer than 15 days prior to making transfers 

14 from this appropriation, notify the congressional defense 

15 committees in writing of the details of any such transfer: 

16 Provided further, That each amount in this paragraph is 

17 designated as being for the global war on terrorism pursu18 ant to section 301 of H. Con. Res. 34 (112th Congress). 

19 OFFICE OF THE INSPECTOR GENERAL

20 For an additional amount for the ‘‘Office of the In21 spector General’’, $11,055,000: Provided, That each 

22 amount in this paragraph is designated as being for the 

23 global war on terrorism pursuant to section 301 of H. 

24 Con. Res. 34 (112th Congress). 


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1 GENERAL PROVISIONS—THIS TITLE 

2 SEC. 9001. Notwithstanding any other provision of 

3 law, funds made available in this title are in addition to 

4 amounts appropriated or otherwise made available for the 

5 Department of Defense for 2012. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 9002. Upon the determination of the Secretary 

8 of Defense that such action is necessary in the national 

9 interest, the Secretary may, with the approval of the Of10 fice of Management and Budget, transfer up to 

11 $3,000,000,000 between the appropriations or funds made 

12 available to the Department of Defense in this title: Pro13 vided, That the Secretary shall notify the Congress 

14 promptly of each transfer made pursuant to the authority 

15 in this section: Provided further, That the authority pro16 vided in this section is in addition to any other transfer 

17 authority available to the Department of Defense and is 

18 subject to the same terms and conditions as the authority 

19 provided in the Department of Defense Appropriations 

20 Act, 2012. 

21 SEC. 9003. Supervision and administration costs as22 sociated with a construction project funded with appro23 priations available for operation and maintenance, ‘‘Af24 ghanistan Infrastructure Fund’’ or the ‘‘Afghanistan Se25 curity Forces Fund’’ provided in this Act and executed 


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1 in direct support of overseas contingency operations in Af2 ghanistan, may be obligated at the time a construction 

3 contract is awarded: Provided, That for the purpose of this 

4 section, supervision and administration costs include all 

5 in-house Government costs. 

6 SEC. 9004. From funds made available in this title, 

7 the Secretary of Defense may purchase for use by military 

8 and civilian employees of the Department of Defense in 

9 the U. S. Central Command area of responsibility: (a) pas10 senger motor vehicles up to a limit of $75,000 per vehicle 

11 and (b) heavy and light armored vehicles for the physical 

12 security of personnel or for force protection purposes up 

13 to a limit of $250,000 per vehicle, notwithstanding price 

14 or other limitations applicable to the purchase of pas15 senger carrying vehicles. 

16 SEC. 9005. Not to exceed $400,000,000 of the 

17 amount appropriated in this title under the heading ‘‘Op18 eration and Maintenance, Army’’ may be used, notwith19 standing any other provision of law, to fund the Com20 mander’s Emergency Response Program (CERP), for the 

21 purpose of enabling military commanders in Afghanistan 

22 to respond to urgent, small scale, humanitarian relief and 

23 reconstruction requirements within their areas of responsi24 bility: Provided, That each project (including any ancillary 

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1 cuted under this authority shall not exceed $20,000,000: 

2 Provided further, That not later than 45 days after the 

3 end of each fiscal year quarter, the Secretary of Defense 

4 shall submit to the congressional defense committees a re5 port regarding the source of funds and the allocation and 

6 use of funds during that quarter that were made available 

7 pursuant to the authority provided in this section or under 

8 any other provision of law for the purposes described here9 in: Provided further, That, not later than 30 days after 

10 the end of each month, the Army shall submit to the con11 gressional defense committees monthly commitment, obli12 gation, and expenditure data for the Commander’s Emer13 gency Response Program in Afghanistan: Provided further, 

14 That not less than 15 days before making funds available 

15 pursuant to the authority provided in this section or under 

16 any other provision of law for the purposes described here17 in for a project with a total anticipated cost for completion 

18 of $5,000,000 or more, the Secretary shall submit to the 

19 congressional defense committees a written notice con20 taining each of the following: 

21 (1) The location, nature and purpose of the 

22 proposed project, including how the project is in23 tended to advance the military campaign plan for 

24 the country in which it is to be carried out. 


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1 (2) The budget, implementation timeline with 

2 milestones, and completion date for the proposed 

3 project, including any other CERP funding that has 

4 been or is anticipated to be contributed to the com5 pletion of the project. 

6 (3) A plan for the sustainment of the proposed 

7 project, including the agreement with either the host 

8 nation, a non-Department of Defense agency of the 

9 United States Government or a third party contrib10 utor to finance the sustainment of the activities and 

11 maintenance of any equipment or facilities to be pro12 vided through the proposed project. 

13 SEC. 9006. Funds available to the Department of De14 fense for operation and maintenance may be used, not15 withstanding any other provision of law, to provide sup16 plies, services, transportation, including airlift and sealift, 

17 and other logistical support to coalition forces supporting 

18 military and stability operations in Iraq and Afghanistan: 

19 Provided, That the Secretary of Defense shall provide 

20 quarterly reports to the congressional defense committees 

21 regarding support provided under this section. 

22 SEC. 9007. None of the funds appropriated or other23 wise made available by this or any other Act shall be obli24 gated or expended by the United States Government for 

25 a purpose as follows: 


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1 (1) To establish any military installation or 

2 base for the purpose of providing for the permanent 

3 stationing of United States Armed Forces in Iraq. 

4 (2) To exercise United States control over any 

5 oil resource of Iraq. 

6 (3) To establish any military installation or 

7 base for the purpose of providing for the permanent 

8 stationing of United States Armed Forces in Af9 ghanistan. 

10 SEC. 9008. None of the funds made available in this 

11 Act may be used in contravention of the following laws 

12 enacted or regulations promulgated to implement the 

13 United Nations Convention Against Torture and Other 

14 Cruel, Inhuman or Degrading Treatment or Punishment 

15 (done at New York on December 10, 1984): 

16 (1) Section 2340A of title 18, United States 

17 Code. 

18 (2) Section 2242 of the Foreign Affairs Reform 

19 and Restructuring Act of 1998 (division G of Public 

20 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

21 note) and regulations prescribed thereto, including 

22 regulations under part 208 of title 8, Code of Fed23 eral Regulations, and part 95 of title 22, Code of 

24 Federal Regulations. 


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1 (3) Sections 1002 and 1003 of the Department 

2 of Defense, Emergency Supplemental Appropriations 

3 to Address Hurricanes in the Gulf of Mexico, and 

4 Pandemic Influenza Act, 2006 (Public Law 109– 

5 148). 

6 SEC. 9009. (a) The Secretary of Defense shall submit 

7 to the congressional defense committees not later than 45 

8 days after the end of each fiscal quarter a report on the 

9 proposed use of all funds appropriated by this or any prior 

10 Act under each of the headings Afghanistan Security 

11 Forces Fund, Afghanistan Infrastructure Fund, and Paki12 stan Counterinsurgency Fund on a project-by-project 

13 basis, for which the obligation of funds is anticipated dur14 ing the 3-month period from such date, including esti15 mates for the accounts referred to in this section of the 

16 costs required to complete each such project. 

17 (b) The report required by this subsection shall in18 clude the following: 

19 (1) The use of all funds on a project-by-project 

20 basis for which funds appropriated under the head21 ings referred to in subsection (a) were obligated 

22 prior to the submission of the report, including esti23 mates for the accounts referred to in subsection (a) 

24 of the costs to complete each project. 


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1 (2) The use of all funds on a project-by-project 

2 basis for which funds were appropriated under the 

3 headings referred to in subsection (a) in prior appro4 priations Acts, or for which funds were made avail5 able by transfer, reprogramming, or allocation from 

6 other headings in prior appropriations Acts, includ7 ing estimates for the accounts referred to in sub8 section (a) of the costs to complete each project. 

9 (3) An estimated total cost to train and equip 

10 the Afghanistan and Pakistan security forces, 

11 disaggregated by major program and sub-elements 

12 by force, arrayed by fiscal year. 

13 SEC. 9010. (a) FUNDING FOR OUTREACH AND RE14 INTEGRATION SERVICES UNDER YELLOW RIBBON RE15 INTEGRATION PROGRAM.—Of the amounts appropriated 

16 or otherwise made available by title IX, up to $20,000,000 

17 may be available for outreach and reintegration services 

18 under the Yellow Ribbon Reintegration Program under 

19 section 582(h) of the National Defense Authorization Act 

20 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

21 125; 10 U.S.C. 10101 note). 

22 (b) SUPPLEMENT NOT SUPPLANT.—The amount 

23 made available by subsection (a) for the services described 

24 in that subsection is in addition to any other amounts 

25 available in this Act for such services. 


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1 SEC. 9011. Funds made available in this title to the 

2 Department of Defense for operation and maintenance 

3 may be used to purchase items having an investment unit 

4 cost of not more than $250,000: Provided, That, upon de5 termination by the Secretary of Defense that such action 

6 is necessary to meet the operational requirements of a 

7 Commander of a Combatant Command engaged in contin8 gency operations overseas, such funds may be used to pur9 chase items having an investment item unit cost of not 

10 more than $500,000. 

11 SEC. 9012. (a) The Task Force for Business and Sta12 bility Operations in Afghanistan may, subject to the direc13 tion and control of the Secretary of Defense and with the 

14 concurrence of the Secretary of State, carry out projects 

15 in fiscal year 2012 to assist the commander of the United 

16 States Central Command in developing a link between 

17 United States military operations in Afghanistan under 

18 Operation Enduring Freedom and the economic elements 

19 of United States national power in order to reduce vio20 lence, enhance stability, and restore economic normalcy in 

21 Afghanistan through strategic business and economic op22 portunities. 

23 (b) The projects carried out under paragraph (a) may 

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1 ment, agricultural diversification and revitalization, and 

2 energy development in and with respect to Afghanistan. 

3 (c) The Secretary may use up to $150,000,000 of the 

4 funds available for overseas contingency operations in 

5 ‘‘Operation and Maintenance, Army’’ for additional activi6 ties to carry out projects under paragraph (a). 

7 SEC. 9013. From funds made available in this title 

8 to the Department of Defense for operation and mainte9 nance, up to $524,000,000 may be used by the Secretary 

10 of Defense, notwithstanding any other provision of law, 

11 to support the United States Government transition activi12 ties in Iraq by undertaking facilities renovation and con13 struction associated with establishing Office of Security 

14 Cooperation locations, at no more than ten sites, in Iraq: 

15 Provided, That not less than 15 days before making funds 

16 available pursuant to the authority provided in this sec17 tion, the Secretary shall submit to the congressional de18 fense committees a written notice containing a detailed 

19 justification and timeline for each proposed site and the 

20 source of funds. 

21 SEC. 9014. (a) Not more than 85 percent of the 

22 funds provided in this title for operation and maintenance 

23 may be available for obligation or expenditure until the 

24 date on which the Secretary of Defense submits the report 

25 under subsection (b). 


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1 (b) Not later than 120 days after the date of the en2 actment of this Act, the Secretary of Defense shall submit 

3 to the congressional defense committees a report on con4 tractor employees in the United States Central Command, 

5 including— 

6 (1) the number of employees of a contractor 

7 awarded a contract by the Department of Defense 

8 (including subcontractor employees) who are em9 ployed at the time of the report in the area of oper10 ations of the United States Central Command, in11 cluding a list of the number of such employees in 

12 each of Iraq, Afghanistan, and all other areas of op13 erations of the United States Central Command; and 

14 (2) for each fiscal year quarter beginning on 

15 the date of the report and ending on September 30, 

16 2012— 

17 (A) the number of such employees planned 

18 by the Secretary to be employed during each 

19 such period in each of Iraq, Afghanistan, and 

20 all other areas of operations of the United 

21 States Central Command; and 

22 (B) an explanation of how the number of 

23 such employees listed under subparagraph (A) 

24 relates to the planned number of military per25 sonnel in such locations. 


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1 SEC. 9015. Of the amounts appropriated or trans2 ferred to the Pakistan Counterinsurgency Fund (hereafter 

3 in this subsection referred to as the ‘Fund’) for any fiscal 

4 year after fiscal year 2011— 

5 (1) not more than 25 percent of such amounts 

6 may be obligated or expended until such time as the 

7 Secretary of Defense, with the concurrence of the 

8 Secretary of State— 

9 (A) submits to the appropriate congres10 sional committees a report on the strategy to 

11 utilize the Fund and the metrics used to deter12 mine progress with respect to the Fund; and 

13 (B) notifies the appropriate congressional 

14 committees of the intent of the Secretary to ob15 ligate or expend amounts that are in excess of 

16 such 25 percent and a period of 30 days has 

17 elapsed following such notification. 

18 (2) Notwithstanding any other provision of law, 

19 none of the amounts described in the matter pre20 ceding paragraph (1) shall be available for re21 programming. 

22 (3) Such report shall include, at a minimum, 

23 the following: 

24 (A) A discussion of United States strategic 

25 objectives in Pakistan. 


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1 (B) A listing of the terrorist or extremist 

2 organizations in Pakistan opposing United 

3 States goals in the region and against which 

4 the United States encourages Pakistan to take 

5 action. 

6 (C) A discussion of the gaps in capabilities 

7 of Pakistani security units that hamper the 

8 ability of the Government of Pakistan to take 

9 action against the organizations listed in sub10 paragraph (B). 

11 (D) A discussion of how assistance pro12 vided utilizing the Fund will address the gaps 

13 in capabilities listed in subparagraph (C). 

14 (E) A discussion of other efforts under15 taken by other United States Government de16 partments and agencies to address the gaps in 

17 capabilities listed in subparagraph (C) or com18 plementary activities of the Department of De19 fense and how those efforts are coordinated 

20 with the activities undertaken to utilize the 

21 Fund. 

22 (F) Metrics that will be used to track 

23 progress in achieving the United States stra24 tegic objectives in Pakistan, to track progress 

25 of the Government of Pakistan in combating 


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1 the organizations listed in subparagraph (B), 

2 and to address the gaps in capabilities listed in 

3 subparagraph (C). 

4 SEC. 9016. (a) Not to exceed $176,575,000 from 

5 amounts made available to the Department of Defense in 

6 this Act or any other Act for fiscal year 2012 may be obli7 gated for information operations or military information 

8 support operations: Provided, That such amount is to be 

9 derived from the amounts provided in title IX of this Act 

10 for the following accounts in this title as follows: 

11 ‘‘Operations and Maintenance, Army’’, 

12 $104,675,000; 

13 ‘‘Operations and Maintenance, Navy’’, 

14 $1,200,000; 

15 ‘‘Operations and Maintenance, Air Force’’, 

16 $20,400,000; and 

17 ‘‘Operations and Maintenance, Defense Wide’’, 

18 $50,300,000. 

19 (b) Such amounts are to be allocated only in accord20 ance with the direction and for the purposes specified in 

21 the classified annex accompanying this Act. 

22 (RESCISSIONS)

23 SEC. 9017. Of the funds appropriated in Department 

24 of Defense Appropriations Acts, the following funds are 


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1 hereby rescinded from the following account in the speci2 fied amount: 

3 ‘‘Mine Resistant Ambush Protection Vehicle Fund’’, 

4 2011/2013, $595,000,000. 

5 TITLE X—ADDITIONAL GENERAL PROVISIONS 

6 SPENDING REDUCTION ACCOUNT

7 SEC. 10001. The amount by which the applicable al8 location of new budget authority made by the Committee 

9 on Appropriations of the House of Representatives under 

10 section 302(b) of the Congressional Budget Act of 1974 

11 exceeds the amount of proposed new budget authority is 

12 $0. 

13 This Act may be cited as the ‘‘Department of Defense 

14 Appropriations Act, 2012’’. 


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Union Calendar No. 64 

112TH CONGRESS 

1ST SESSION H. R. 2219 

[Report No. 112–110] 

A BILL 

Making appropriations for the Department of De2012, and for other purposes. fense for the fiscal year ending September 30, 

JUNE 16, 2011 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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