TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $9,710,998,000, to remain avail-
able for obligation until September 30, 2012. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $17,736,303,000, to remain avail-
able for obligation until September 30, 2012: Provided, 
That funds appropriated in this paragraph which are 
available for the V–22 may be used to meet unique oper-
ational requirements of the Special Operations Forces: 
Provided further, That funds appropriated in this para-
graph shall be available for the Cobra Judy program.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $26,517,405,000, to remain avail-
able for obligation until September 30, 2012. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), 
necessary for basic and applied scientific research, devel-
opment, test and evaluation; advanced research projects 
as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, 
lease, and operation of facilities and equipment, 
$20,797,412,000, to remain available for obligation until 
September 30, 2012: Provided, That of the funds made 
available in this paragraph, $3,200,000 shall only be avail-
able for program management and oversight of innovative 
research and development. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary 
for the independent activities of the Director, Operational 
Test and Evaluation, in the direction and supervision of
operational test and evaluation, including initial oper-
ational test and evaluation which is conducted prior to, 
and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in 
connection therewith, $194,910,000, to remain available 
for obligation until September 30, 2012. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For 
the 
Defense 
Working 
Capital 
Funds, 
$1,434,536,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, 
projects, and activities, and for expenses of the National 
Defense Reserve Fleet, as established by section 11 of the 
Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 
and for the necessary expenses to maintain and preserve 
a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $1,474,866,000, to remain 
available until expended: Provided, That none of the funds 
provided in this paragraph shall be used to award a new 
contract that provides for the acquisition of any of the 
following major components unless such components are 
manufactured in the United States: auxiliary equipment, 
including pumps, for all shipboard services; propulsion
system components (engines, reduction gears, and propel-
lers); shipboard cranes; and spreaders for shipboard 
cranes: Provided further, That the exercise of an option 
in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award 
of a new contract: Provided further, That the Secretary 
of the military department responsible for such procure-
ment may waive the restrictions in the first proviso on 
a case-by-case basis by certifying in writing to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made 
in order to acquire capability for national security pur-
poses. 
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical 
and health care programs of the Department of Defense 
as authorized by law, $31,382,198,000; of which 
$29,671,764,000 shall be for operation and maintenance, 
of which not to exceed 1 percent shall remain available 
until September 30, 2012, and of which up to 
$16,212,121,000 may be available for contracts entered
into 
under 
the 
TRICARE 
program; 
of 
which 
$534,921,000, to remain available for obligation until Sep-
tember 30, 2013, shall be for procurement; and of which 
$1,175,513,000, to remain available for obligation until 
September 30, 2012, shall be for research, development, 
test and evaluation: Provided, That, notwithstanding any 
other provision of law, of the amount made available under 
this heading for research, development, test and evalua-
tion, not less than $10,000,000 shall be available for HIV 
prevention educational activities undertaken in connection 
with United States military training, exercises, and hu-
manitarian assistance activities conducted primarily in Af-
rican nations. 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE 
For expenses, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal 
chemical agents and munitions, to include construction of 
facilities, in accordance with the provisions of section 1412 
of the Department of Defense Authorization Act, 1986 
(50 U.S.C. 1521), and for the destruction of other chem-
ical warfare materials that are not in the chemical weapon 
stockpile, $1,467,307,000, of which $1,067,364,000 shall 
be for operation and maintenance, of which no less than 
$111,178,000, shall be for the Chemical Stockpile Emer-
gency Preparedness Program, consisting of $35,130,000 
for activities on military installations and $76,048,000, to 
remain available until September 30, 2012, to assist State 
and local governments; $7,132,000 shall be for procure-
ment, to remain available until September 30, 2013; and 
$392,811,000, to remain available until September 30, 
2012, shall be for research, development, test and evalua-
tion, of which $385,868,000 shall only be for the Assem-
bled Chemical Weapons Alternatives (ACWA) program. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of 
the Department of Defense, for transfer to appropriations 
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for oper-
ation and maintenance; for procurement; and for research, 
development, test and evaluation, $1,156,957,000: Pro-
vided, That the funds appropriated under this heading 
shall be available for obligation for the same time period 
and for the same purpose as the appropriation to which 
transferred: Provided further, That upon a determination 
that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided here-
in, such amounts may be transferred back to this appro-
priation: Provided further, That the transfer authority pro-
vided under this heading is in addition to any other trans-
fer authority contained elsewhere in this Act. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the In-
spector General in carrying out the provisions of the In-
spector General Act of 1978, as amended, $306,794,000, 
of which $305,794,000 shall be for operation and mainte-
nance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on 
the approval or authority of the Inspector General, and 
payments may be made on the Inspector General’s certifi-
cate of necessity for confidential military purposes; and 
of which $1,000,000, to remain available until September 
30, 2013, shall be for procurement. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM FUND 
For payment to the Central Intelligence Agency Re-
tirement and Disability System Fund, to maintain the 
proper funding level for continuing the operation of the 
Central Intelligence Agency Retirement and Disability 
System, $292,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For necessary expenses of the Intelligence Commu-
nity Management Account, $649,732,000. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained 
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress. 
SEC. 8002. During the current fiscal year, provisions 
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States 
shall not apply to personnel of the Department of Defense: 
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of 
Defense funded by this Act shall not be at a rate in excess 
of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is 
computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percent-
age increase provided by the appropriate host nation to 
its own employees, whichever is higher: Provided further, 
That, in the case of a host nation that does not provide 
salary increases on an annual basis, any increase granted 
by that nation shall be annualized for the purpose of ap-
plying the preceding proviso: Provided further, That this
section shall not apply to Department of Defense foreign 
service national employees serving at United States diplo-
matic missions whose pay is set by the Department of 
State under the Foreign Service Act of 1980: Provided 
further, That the limitations of this provision shall not 
apply to foreign national employees of the Department of 
Defense in the Republic of Turkey. 
SEC. 8003. No part of any appropriation contained 
in this Act shall remain available for obligation beyond 
the current fiscal year, unless expressly so provided herein. 
SEC. 8004. No more than 20 percent of the appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the 
last 2 months of the fiscal year: Provided, That this sec-
tion shall not apply to obligations for support of active 
duty training of reserve components or summer camp 
training of the Reserve Officers’ Training Corps. 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of 
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Manage-
ment and Budget, transfer not to exceed $4,000,000,000 
of working capital funds of the Department of Defense 
or funds made available in this Act to the Department 
of Defense for military functions (except military con-
struction) between such appropriations or funds or any 
subdivision thereof, to be merged with and to be available 
for the same purposes, and for the same time period, as 
the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless 
for higher priority items, based on unforeseen military re-
quirements, than those for which originally appropriated 
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further, 
That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority 
or any other authority in this Act: Provided further, That 
no part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropria-
tions for reprogramming of funds, unless for higher pri-
ority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no 
case where the item for which reprogramming is requested 
has been denied by the Congress: Provided further, That 
a request for multiple reprogrammings of funds using au-
thority provided in this section shall be made prior to June 
30, 2011: Provided further, That transfers among military 
personnel appropriations shall not be taken into account 
for purposes of the limitation on the amount of funds that 
may be transferred under this section.
SEC. 8006. (a) With regard to the list of specific pro-
grams, projects, and activities (and the dollar amounts 
and adjustments to budget activities corresponding to 
such programs, projects, and activities) contained in the 
tables titled ‘‘Explanation of Project Level Adjustments’’ 
in the explanatory statement regarding this Act, the obli-
gation and expenditure of amounts appropriated or other-
wise made available in this Act for those programs, 
projects, and activities for which the amounts appro-
priated exceed the amounts requested are hereby required 
by law to be carried out in the manner provided by such 
tables to the same extent as if the tables were included 
in the text of this Act. 
(b) Amounts specified in the referenced tables de-
scribed in subsection (a) shall not be treated as subdivi-
sions of appropriations for purposes of section 8005 of this 
Act: Provided, That section 8005 shall apply when trans-
fers of the amounts described in subsection (a) occur be-
tween appropriation accounts. 
SEC. 8007. (a) Not later than 60 days after enact-
ment of this Act, the Department of Defense shall submit 
a report to the congressional defense committees to estab-
lish the baseline for application of reprogramming and 
transfer authorities for fiscal year 2011: Provided, That 
the report shall include—
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation both by budget activity and program, 
project, and activity as detailed in the Budget Ap-
pendix; and 
(3) an identification of items of special congres-
sional interest. 
(b) Notwithstanding section 8005 of this Act, none 
of the funds provided in this Act shall be available for 
reprogramming or transfer until the report identified in 
subsection (a) is submitted to the congressional defense 
committees, unless the Secretary of Defense certifies in 
writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency 
requirement. 
(TRANSFER OF FUNDS) 
SEC. 8008. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, 
United States Code, may be maintained in only such 
amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds: Provided further, 
That transfers may be made between working capital 
funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of 
the Office of Management and Budget, except that such 
transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except 
in amounts equal to the amounts appropriated to working 
capital funds in this Act, no obligations may be made 
against a working capital fund to procure or increase the 
value of war reserve material inventory, unless the Sec-
retary of Defense has notified the Congress prior to any 
such obligation. 
SEC. 8009. Funds appropriated by this Act may not 
be used to initiate a special access program without prior 
notification 30 calendar days in advance to the congres-
sional defense committees. 
SEC. 8010. None of the funds provided in this Act 
shall be available to initiate: (1) a multiyear contract that 
employs economic order quantity procurement in excess of 
$20,000,000 in any one year of the contract or that in-
cludes an unfunded contingent liability in excess of
ern Mariana Islands, the Marshall Islands, the Federated 
States of Micronesia, Palau, and Guam. 
SEC. 8012. (a) During fiscal year 2011, the civilian 
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the manage-
ment of such personnel during that fiscal year shall not 
be subject to any constraint or limitation (known as an 
end-strength) on the number of such personnel who may 
be employed on the last day of such fiscal year. 
(b) The fiscal year 2012 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2012 
Department of Defense budget request shall be prepared 
and submitted to the Congress as if subsections (a) and 
(b) of this provision were effective with regard to fiscal 
year 2012. 
(c) Nothing in this section shall be construed to apply 
to military (civilian) technicians. 
SEC. 8013. None of the funds made available by this 
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress. 
SEC. 8014. None of the funds appropriated by this 
Act shall be available for the basic pay and allowances of 
any member of the Army participating as a full-time stu-
dent and receiving benefits paid by the Secretary of Vet-
erans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is 
credited toward completion of a service commitment: Pro-
vided, That this section shall not apply to those members 
who have reenlisted with this option prior to October 1, 
1987: Provided further, That this section applies only to 
active components of the Army. 
SEC. 8015. (a) None of the funds appropriated by 
this Act shall be available to convert to contractor per-
formance an activity or function of the Department of De-
fense that, on or after the date of the enactment of this 
Act, is performed by Department of Defense civilian em-
ployees unless— 
(1) the conversion is based on the result of a 
public-private competition that includes a most effi-
cient and cost effective organization plan developed 
by such activity or function; 
(2) the Competitive Sourcing Official deter-
mines that, over all performance periods stated in 
the solicitation of offers for performance of the ac-
tivity or function, the cost of performance of the ac-
tivity or function by a contractor would be less costly 
to the Department of Defense by an amount that 
equals or exceeds the lesser of—
(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advan-
tage for a proposal that would reduce costs for the 
Department of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the pre-
mium or subscription share than the amount 
that is paid by the Department of Defense for 
health benefits for civilian employees under 
chapter 89 of title 5, United States Code. 
(b)(1) The Department of Defense, without regard 
to subsection (a) of this section or subsection (a), (b), or 
(c) of section 2461 of title 10, United States Code, and 
notwithstanding any administrative regulation, require-
ment, or policy to the contrary shall have full authority 
to enter into a contract for the performance of any com-
mercial or industrial type function of the Department of 
Defense that— 
(A) is included on the procurement list es-
tablished pursuant to section 2 of the Javits- 
Wagner-O’Day Act (section 8503 of title 41, 
United States Code); 
(B) is planned to be converted to perform-
ance by a qualified nonprofit agency for the 
blind or by a qualified nonprofit agency for 
other severely handicapped individuals in ac-
cordance with that Act; or 
(C) is planned to be converted to perform-
ance by a qualified firm under at least 51 per-
cent ownership by an Indian tribe, as defined in 
section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
450b(e)), or a Native Hawaiian Organization, 
as defined in section 8(a)(15) of the Small 
Business Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot con-
tracts or contracts for depot maintenance as pro-
vided in sections 2469 and 2474 of title 10, United 
States Code. 
(c) The conversion of any activity or function of the 
Department of Defense under the authority provided by
this section shall be credited toward any competitive or 
outsourcing goal, target, or measurement that may be es-
tablished by statute, regulation, or policy and is deemed 
to be awarded under the authority of, and in compliance 
with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of com-
mercial activities. 
(TRANSFER OF FUNDS) 
SEC. 8016. Funds appropriated in title III of this Act 
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing 
a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National De-
fense Authorization Act for Fiscal Year 1991 (Public Law 
101–510; 10 U.S.C. 2302 note), as amended, under the 
authority of this provision or any other transfer authority 
contained in this Act: Provided, That subsection (j) of sec-
tion 831 of the National Defense Authorization Act for 
Fiscal Year 1991 is amended by striking ‘‘September 30, 
2010’’ and inserting ‘‘September 30, 2011’’, and by strik-
ing ‘‘September 30, 2013’’ and inserting ‘‘September 30, 
2014’’. 
SEC. 8017. None of the funds in this Act may be 
available for the purchase by the Department of Defense
(and its departments and agencies) of welded shipboard 
anchor and mooring chain 4 inches in diameter and under 
unless the anchor and mooring chain are manufactured 
in the United States from components which are substan-
tially manufactured in the United States: Provided, That 
for the purpose of this section, the term ‘‘manufactured’’ 
shall include cutting, heat treating, quality control, testing 
of chain and welding (including the forging and shot blast-
ing process): Provided further, That for the purpose of this 
section substantially all of the components of anchor and 
mooring chain shall be considered to be produced or manu-
factured in the United States if the aggregate cost of the 
components produced or manufactured in the United 
States exceeds the aggregate cost of the components pro-
duced or manufactured outside the United States: Pro-
vided further, That when adequate domestic supplies are 
not available to meet Department of Defense requirements 
on a timely basis, the Secretary of the service responsible 
for the procurement may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations that such an acquisition must be made 
in order to acquire capability for national security pur-
poses. 
SEC. 8018. None of the funds available to the De-
partment of Defense may be used to demilitarize or dis-
pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 
.22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 
to demilitarize or destroy small arms ammunition or am-
munition components that are not otherwise prohibited 
from commercial sale under Federal law, unless the small 
arms ammunition or ammunition components are certified 
by the Secretary of the Army or designee as unserviceable 
or unsafe for further use. 
SEC. 8019. No more than $500,000 of the funds ap-
propriated or made available in this Act shall be used dur-
ing a single fiscal year for any single relocation of an orga-
nization, unit, activity or function of the Department of 
Defense into or within the National Capital Region: Pro-
vided, That the Secretary of Defense may waive this re-
striction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relo-
cation is required in the best interest of the Government. 
SEC. 8020. In addition to the funds provided else-
where in this Act, $15,000,000 is appropriated only for 
incentive payments authorized by section 504 of the In-
dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 
That a prime contractor or a subcontractor at any tier 
that makes a subcontract award to any subcontractor or 
supplier as defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by
an individual or individuals defined under section 4221(9) 
of title 25, United States Code, shall be considered a con-
tractor for the purposes of being allowed additional com-
pensation under section 504 of the Indian Financing Act 
of 1974 (25 U.S.C. 1544) whenever the prime contract 
or subcontract amount is over $500,000 and involves the 
expenditure of funds appropriated by an Act making Ap-
propriations for the Department of Defense with respect 
to any fiscal year: Provided further, That notwithstanding 
section 430 of title 41, United States Code, this section 
shall be applicable to any Department of Defense acquisi-
tion of supplies or services, including any contract and any 
subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part by any sub-
contractor or supplier defined in section 1544 of title 25, 
United States Code, or a small business owned and con-
trolled by an individual or individuals defined under sec-
tion 4221(9) of title 25, United States Code. 
SEC. 8021. Funds appropriated by this Act for the 
Defense Media Activity shall not be used for any national 
or international political or psychological activities. 
SEC. 8022. During the current fiscal year, the De-
partment of Defense is authorized to incur obligations of 
not to exceed $350,000,000 for purposes specified in sec-
tion 2350j(c) of title 10, United States Code, in anticipa-
tion of receipt of contributions, only from the Government 
of Kuwait, under that section: Provided, That upon re-
ceipt, such contributions from the Government of Kuwait 
shall be credited to the appropriations or fund which in-
curred such obligations. 
SEC. 8023. (a) Of the funds made available in this 
Act, not less than $30,374,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
(1) $27,048,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil 
Air Patrol Corporation operation and maintenance, 
readiness, counterdrug activities, and drug demand 
reduction activities involving youth programs; 
(2) $2,424,000 shall be available from ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $902,000 shall be available from ‘‘Other 
Procurement, Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and 
local government agencies. 
SEC. 8024. (a) None of the funds appropriated in this 
Act are available to establish a new Department of De-
fense (department) federally funded research and develop-
ment center (FFRDC), either as a new entity, or as a
separate entity administrated by an organization man-
aging another FFRDC, or as a nonprofit membership cor-
poration consisting of a consortium of other FFRDCs and 
other nonprofit entities. 
(b) No member of a Board of Directors, Trustees, 
Overseers, Advisory Group, Special Issues Panel, Visiting 
Committee, or any similar entity of a defense FFRDC, 
and no paid consultant to any defense FFRDC, except 
when acting in a technical advisory capacity, may be com-
pensated for his or her services as a member of such enti-
ty, or as a paid consultant by more than one FFRDC in 
a fiscal year: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Fed-
eral Joint Travel Regulations, when engaged in the per-
formance of membership duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to the department from any source 
during fiscal year 2011 may be used by a defense FFRDC, 
through a fee or other payment mechanism, for construc-
tion of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of 
contract overruns, or for certain charitable contributions, 
not to include employee participation in community service 
and/or development.
(d) Notwithstanding any other provision of law, of 
the funds available to the department during fiscal year 
2011, not more than 5,750 staff years of technical effort 
(staff years) may be funded for defense FFRDCs: Pro-
vided, That of the specific amount referred to previously 
in this subsection, not more than 1,125 staff years may 
be funded for the defense studies and analysis FFRDCs: 
Provided further, That this subsection shall not apply to 
staff years funded in the National Intelligence Program 
(NIP) and the Military Intelligence Program (MIP). 
(e) The Secretary of Defense shall, with the submis-
sion of the department’s fiscal year 2012 budget request, 
submit a report presenting the specific amounts of staff 
years of technical effort to be allocated for each defense 
FFRDC during that fiscal year and the associated budget 
estimates. 
(f) Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act for FFRDCs 
is hereby reduced by $125,000,000. 
SEC. 8025. None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy 
or armor steel plate for use in any Government-owned fa-
cility or property under the control of the Department of 
Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement re-
strictions shall apply to any and all Federal Supply Class 
9515, American Society of Testing and Materials (ASTM) 
or American Iron and Steel Institute (AISI) specifications 
of carbon, alloy or armor steel plate: Provided further, 
That the Secretary of the military department responsible 
for the procurement may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate that adequate domestic supplies are not available 
to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order 
to acquire capability for national security purposes: Pro-
vided further, That these restrictions shall not apply to 
contracts which are in being as of the date of the enact-
ment of this Act. 
SEC. 8026. For the purposes of this Act, the term 
‘‘congressional defense committees’’ means the Armed 
Services Committee of the House of Representatives, the 
Armed Services Committee of the Senate, the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representa-
tives. 
SEC. 8027. During the current fiscal year, the De-
partment of Defense may acquire the modification, depot
maintenance and repair of aircraft, vehicles and vessels 
as well as the production of components and other De-
fense-related articles, through competition between De-
partment of Defense depot maintenance activities and pri-
vate firms: Provided, That the Senior Acquisition Execu-
tive of the military department or Defense Agency con-
cerned, with power of delegation, shall certify that success-
ful bids include comparable estimates of all direct and in-
direct costs for both public and private bids: Provided fur-
ther, That Office of Management and Budget Circular A– 
76 shall not apply to competitions conducted under this 
section. 
SEC. 8028. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the 
terms of the agreement by discriminating against certain 
types of products produced in the United States that are 
covered by the agreement, the Secretary of Defense shall 
rescind the Secretary’s blanket waiver of the Buy Amer-
ican Act with respect to such types of products produced 
in that foreign country. 
(2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products 
in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense 
purchases from foreign entities in fiscal year 2011. Such 
report shall separately indicate the dollar value of items 
for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade 
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a 
party. 
(c) For purposes of this section, the term ‘‘Buy 
American Act’’ means chapter 83 of title 41, United 
States Code. 
SEC. 8029. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by sec-
tion 2921(c)(1) of the National Defense Authorization Act 
of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 
be available until expended for the payments specified by 
section 2921(c)(2) of that Act. 
SEC. 8030. (a) Notwithstanding any other provision 
of law, the Secretary of the Air Force may convey at no 
cost to the Air Force, without consideration, to Indian
tribes located in the States of Nevada, Idaho, North Da-
kota, South Dakota, Montana, Oregon, Minnesota, and 
Washington relocatable military housing units located at 
Grand Forks Air Force Base, Malmstrom Air Force Base, 
Mountain Home Air Force Base, Ellsworth Air Force 
Base, and Minot Air Force Base that are excess to the 
needs of the Air Force. 
(b) The Secretary of the Air Force shall convey, at 
no cost to the Air Force, military housing units under sub-
section (a) in accordance with the request for such units 
that are submitted to the Secretary by the Operation 
Walking Shield Program on behalf of Indian tribes located 
in the States of Nevada, Idaho, North Dakota, South Da-
kota, Montana, Oregon, Minnesota, and Washington. Any 
such conveyance shall be subject to the condition that the 
housing units shall be removed within a reasonable period 
of time, as determined by the Secretary. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for 
housing units under subsection (a) before submitting re-
quests to the Secretary of the Air Force under subsection 
(b). 
(d) In this section, the term ‘‘Indian tribe’’ means 
any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section
104 of the Federally Recognized Indian Tribe Act of 1994 
(Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 
1). 
SEC. 8031. During the current fiscal year, appropria-
tions which are available to the Department of Defense 
for operation and maintenance may be used to purchase 
items having an investment item unit cost of not more 
than $250,000. 
SEC. 8032. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the 
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable 
to the Department of Defense Business Operations Fund 
during fiscal year 1994 and if the purchase of such an 
investment item would be chargeable during the current 
fiscal year to appropriations made to the Department of 
Defense for procurement. 
(b) The fiscal year 2012 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2012 
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be 
budgeted for in a proposed fiscal year 2012 procurement 
appropriation and not in the supply management business 
area or any other area or category of the Department of 
Defense Working Capital Funds. 
SEC. 8033. None of the funds appropriated by this 
Act for programs of the Central Intelligence Agency shall 
remain available for obligation beyond the current fiscal 
year, except for funds appropriated for the Reserve for 
Contingencies, which shall remain available until Sep-
tember 30, 2012: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intel-
ligence Agency Central Services Working Capital Fund 
during this or any prior or subsequent fiscal year shall 
remain available until expended: Provided further, That 
any funds appropriated or transferred to the Central Intel-
ligence Agency for advanced research and development ac-
quisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of 
the National Security Act of 1947, as amended, shall re-
main available until September 30, 2012. 
SEC. 8034. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence 
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands. 
SEC. 8035. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Main-
tenance, Defense-Wide’’, not less than $12,000,000 shall 
be made available only for the mitigation of environmental 
impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost 
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities. 
SEC. 8036. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, com-
plies with the Buy American Act. For purposes of this 
subsection, the term ‘‘Buy American Act’’ means chapter 
83 of title 41, United States Code. 
(b) If the Secretary of Defense determines that a per-
son has been convicted of intentionally affixing a label 
bearing a ‘‘Made in America’’ inscription to any product 
sold in or shipped to the United States that is not made
in America, the Secretary shall determine, in accordance 
with section 2410f of title 10, United States Code, wheth-
er the person should be debarred from contracting with 
the Department of Defense. 
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is 
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase 
only American-made equipment and products, provided 
that American-made equipment and products are cost- 
competitive, quality competitive, and available in a timely 
fashion. 
SEC. 8037. None of the funds appropriated by this 
Act shall be available for a contract for studies, analysis, 
or consulting services entered into without competition on 
the basis of an unsolicited proposal unless the head of the 
activity responsible for the procurement determines— 
(1) as a result of thorough technical evaluation, 
only one source is found fully qualified to perform 
the proposed work; 
(2) the purpose of the contract is to explore an 
unsolicited proposal which offers significant sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a 
new product or idea of a specific concern is given fi-
nancial support: Provided, That this limitation shall 
not apply to contracts in an amount of less than 
$25,000, contracts related to improvements of equip-
ment that is in development or production, or con-
tracts as to which a civilian official of the Depart-
ment of Defense, who has been confirmed by the 
Senate, determines that the award of such contract 
is in the interest of the national defense. 
SEC. 8038. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place 
of duty remains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection 
(a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the
House of Representatives and Senate that the granting 
of the waiver will reduce the personnel requirements or 
the financial requirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the 
National Intelligence Program; 
(2) an Army field operating agency established 
to eliminate, mitigate, or counter the effects of im-
provised explosive devices, and, as determined by the 
Secretary of the Army, other similar threats; or 
(3) an Army field operating agency established 
to improve the effectiveness and efficiencies of bio-
metric activities and to integrate common biometric 
technologies throughout the Department of Defense. 
SEC. 8039. The Secretary of Defense, notwith-
standing any other provision of law, acting through the 
Office of Economic Adjustment of the Department of De-
fense, may use funds made available in this Act under the 
heading ‘‘Operation and Maintenance, Defense-Wide’’ to 
make grants and supplement other Federal funds in ac-
cordance with the guidance provided in the explanatory 
statement regarding this Act. 
(RESCISSIONS) 
SEC. 8040. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are
hereby rescinded from the following accounts and pro-
grams in the specified amounts: 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army, 2009/2011’’, $86,300,000. 
‘‘Other 
Procurement, 
Army, 
2009/2011’’, 
$147,600,000. 
‘‘Aircraft Procurement, Navy, 2009/2011’’, 
$26,100,000. 
‘‘Aircraft Procurement, Air Force, 2009/2011’’, 
$387,700,000. 
‘‘Aircraft Procurement, Army, 2010/2012’’, 
$14,000,000. 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army, 2010/2012’’, $36,000,000. 
‘‘Missile 
Procurement, 
Army, 
2010/2012’’, 
$9,171,000. 
‘‘Aircraft Procurement, Navy, 2010/2012’’, 
$464,847,000. 
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps, 2010/2012’’, $11,576,000. 
Under the heading, ‘‘Shipbuilding and Conver-
sion, 
Navy, 
2010/2014’’: 
DDG–51 
Destroyer, 
$22,000,000. 
‘‘Other 
Procurement, 
Navy, 
2010/2012’’, 
$9,042,000.
‘‘Aircraft Procurement, Air Force, 2010/2012’’, 
$340,600,000. 
‘‘Other Procurement, Air Force, 2010/2012’’, 
$36,600,000. 
‘‘Research, Development, Test and Evaluation, 
Army, 2010/2011’’, $163,400,000. 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2010/2011’’, $198,600,000. 
‘‘Other 
Procurement, 
Army, 
2010/2012’’, 
$50,000,000. 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide, 2010/2011’’, $10,000,000. 
SEC. 8041. None of the funds available in this Act 
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the Army National Guard, 
Air National Guard, Army Reserve and Air Force Reserve 
for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military 
(civilian) technicians, unless such reductions are a direct 
result of a reduction in military force structure. 
SEC. 8042. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose.
SEC. 8043. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available 
for reimbursement of pay, allowances and other expenses 
which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the 
activities and programs included within the National Intel-
ligence Program and the Military Intelligence Program: 
Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel 
and training procedures. 
SEC. 8044. During the current fiscal year, none of 
the funds appropriated in this Act may be used to reduce 
the civilian medical and medical support personnel as-
signed to military treatment facilities below the September 
30, 2003, level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional defense committees that the beneficiary population 
is declining in some catchment areas and civilian strength 
reductions may be consistent with responsible resource 
stewardship and capitation-based budgeting.
SEC. 8045. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to 
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction 
and counter-drug activities may be transferred to any 
other department or agency of the United States except 
as specifically provided in an appropriations law. 
SEC. 8046. None of the funds appropriated by this 
Act may be used for the procurement of ball and roller 
bearings other than those produced by a domestic source 
and of domestic origin: Provided, That the Secretary of 
the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that 
such an acquisition must be made in order to acquire ca-
pability for national security purposes: Provided further, 
That this restriction shall not apply to the purchase of 
‘‘commercial items’’, as defined by section 4(12) of the 
Office of Federal Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased 
as end items. 
SEC. 8047. None of the funds in this Act may be 
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees 
that such an acquisition must be made in order to acquire 
capability for national security purposes that is not avail-
able from United States manufacturers. 
SEC. 8048. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of the Department of Defense who ap-
proves or implements the transfer of administrative re-
sponsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction 
of another Federal agency not financed by this Act with-
out the express authorization of Congress: Provided, That 
this limitation shall not apply to transfers of funds ex-
pressly provided for in Defense Appropriations Acts, or 
provisions of Acts providing supplemental appropriations 
for the Department of Defense. 
SEC. 8049. (a) Notwithstanding any other provision 
of law, none of the funds available to the Department of 
Defense for the current fiscal year may be obligated or 
expended to transfer to another nation or an international
organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense commit-
tees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations 
of the Senate are notified 15 days in advance of such 
transfer. 
(b) This section applies to— 
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter 
VI or chapter VII of the United Nations Charter 
under the authority of a United Nations Security 
Council resolution; and 
(2) any other international peacekeeping, peace- 
enforcement, or humanitarian assistance operation. 
(c) A notice under subsection (a) shall include the 
following: 
(1) A description of the equipment, supplies, or 
services to be transferred. 
(2) A statement of the value of the equipment, 
supplies, or services to be transferred. 
(3) In the case of a proposed transfer of equip-
ment or supplies— 
(A) a statement of whether the inventory 
requirements of all elements of the Armed
Forces (including the reserve components) for 
the type of equipment or supplies to be trans-
ferred have been met; and 
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced 
and, if so, how the President proposes to pro-
vide funds for such replacement. 
SEC. 8050. None of the funds available to the De-
partment of Defense under this Act shall be obligated or 
expended to pay a contractor under a contract with the 
Department of Defense for costs of any amount paid by 
the contractor to an employee when— 
(1) such costs are for a bonus or otherwise in 
excess of the normal salary paid by the contractor 
to the employee; and 
(2) such bonus is part of restructuring costs as-
sociated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8051. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’ may be transferred to appropriations available for 
the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations 
to which transferred, to be used in support of such per-
sonnel in connection with support and services for eligible 
organizations and activities outside the Department of De-
fense pursuant to section 2012 of title 10, United States 
Code. 
SEC. 8052. During the current fiscal year, in the case 
of an appropriation account of the Department of Defense 
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section 
1552 of title 31, United States Code, and which has a 
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged 
to any current appropriation account for the same purpose 
as the expired or closed account if— 
(1) the obligation would have been properly 
chargeable (except as to amount) to the expired or 
closed account before the end of the period of avail-
ability or closing of that account; 
(2) the obligation is not otherwise properly 
chargeable to any current appropriation account of 
the Department of Defense; and 
(3) in the case of an expired account, the obli-
gation is not chargeable to a current appropriation 
of the Department of Defense under the provisions 
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there 
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall 
be reversed and recorded against the expired ac-
count: Provided further, That the total amount 
charged to a current appropriation under this sec-
tion may not exceed an amount equal to 1 percent 
of the total appropriation for that account. 
SEC. 8053. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may per-
mit the use of equipment of the National Guard Distance 
Learning Project by any person or entity on a space-avail-
able, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for 
such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Dis-
tance Learning Project and be available to defray the costs 
associated with the use of equipment of the project under 
that subsection. Such funds shall be available for such 
purposes without fiscal year limitation.
SEC. 8054. Using funds made available by this Act 
or any other Act, the Secretary of the Air Force, pursuant 
to a determination under section 2690 of title 10, United 
States Code, may implement cost-effective agreements for 
required 
heating 
facility 
modernization 
in 
the 
Kaiserslautern Military Community in the Federal Repub-
lic of Germany: Provided, That in the City of 
Kaiserslautern and at the Rhine Ordnance Barracks area, 
such agreements will include the use of United States an-
thracite as the base load energy for municipal district heat 
to the United States Defense installations: Provided fur-
ther, That at Landstuhl Army Regional Medical Center 
and Ramstein Air Base, furnished heat may be obtained 
from private, regional or municipal services, if provisions 
are included for the consideration of United States coal 
as an energy source. 
SEC. 8055. None of the funds appropriated in title 
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational 
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development, 
prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this 
restriction does not apply to programs funded within the 
National Intelligence Program: Provided further, That the
Secretary of Defense may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do 
so. 
SEC. 8056. None of the funds made available in this 
Act may be used to approve or license the sale of the F– 
22A advanced tactical fighter to any foreign government: 
Provided, That the Department of Defense may conduct 
or participate in studies, research, design and other activi-
ties to define and develop a future export version of the 
F–22A that protects classified and sensitive information, 
technologies and U.S. warfighting capabilities. 
SEC. 8057. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign 
country, or would invalidate reciprocal trade agreements 
for the procurement of defense items entered into under 
section 2531 of title 10, United States Code, and the 
country does not discriminate against the same or similar
defense items produced in the United States for that coun-
try. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on 
or after the date of the enactment of this Act; and 
(2) options for the procurement of items that 
are exercised after such date under contracts that 
are entered into before such date if the option prices 
are adjusted for any reason other than the applica-
tion of a waiver granted under subsection (a). 
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by 
section 11 (chapters 50–65) of the Harmonized Tariff 
Schedule and products classified under headings 4010, 
4202, 4203, 6401 through 6406, 6505, 7019, 7218 
through 7229, 7304.41 through 7304.49, 7306.40, 7502 
through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8058. (a) None of the funds made available by 
this Act may be used to support any training program in-
volving a unit of the security forces or police of a foreign 
country if the Secretary of Defense has received credible 
information from the Department of State that the unit 
has committed a gross violation of human rights, unless 
all necessary corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision 
to conduct any training program referred to in subsection 
(a), full consideration is given to all credible information 
available to the Department of State relating to human 
rights violations by foreign security forces. 
(c) The Secretary of Defense, after consultation with 
the Secretary of State, may waive the prohibition in sub-
section (a) if he determines that such waiver is required 
by extraordinary circumstances. 
(d) Not more than 15 days after the exercise of any 
waiver under subsection (c), the Secretary of Defense shall 
submit a report to the congressional defense committees 
describing the extraordinary circumstances, the purpose 
and duration of the training program, the United States 
forces and the foreign security forces involved in the train-
ing program, and the information relating to human rights 
violations that necessitates the waiver. 
SEC. 8059. None of the funds appropriated or made 
available in this Act to the Department of the Navy shall 
be used to develop, lease or procure the T–AKE class of 
ships unless the main propulsion diesel engines and 
propulsors are manufactured in the United States by a 
domestically operated entity: Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations of the House of Representatives and the Senate 
that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis 
and that such an acquisition must be made in order to 
acquire capability for national security purposes or there 
exists a significant cost or quality difference. 
SEC. 8060. None of the funds appropriated or other-
wise made available by this or other Department of De-
fense Appropriations Acts may be obligated or expended 
for the purpose of performing repairs or maintenance to 
military family housing units of the Department of De-
fense, including areas in such military family housing 
units that may be used for the purpose of conducting offi-
cial Department of Defense business. 
SEC. 8061. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’ for any new start advanced concept technology 
demonstration project or joint capability demonstration 
project may only be obligated 30 days after a report, in-
cluding a description of the project, the planned acquisi-
tion and transition strategy and its estimated annual and 
total cost, has been provided in writing to the congres-
sional defense committees: Provided, That the Secretary
of Defense may waive this restriction on a case-by-case 
basis by certifying to the congressional defense committees 
that it is in the national interest to do so. 
SEC. 8062. The Secretary of Defense shall provide 
a classified quarterly report beginning 30 days after enact-
ment of this Act, to the House and Senate Appropriations 
Committees, Subcommittees on Defense on certain mat-
ters as directed in the classified annex accompanying this 
Act. 
SEC. 8063. During the current fiscal year, none of 
the funds available to the Department of Defense may be 
used to provide support to another department or agency 
of the United States if such department or agency is more 
than 90 days in arrears in making payment to the Depart-
ment of Defense for goods or services previously provided 
to such department or agency on a reimbursable basis: 
Provided, That this restriction shall not apply if the de-
partment is authorized by law to provide support to such 
department or agency on a nonreimbursable basis, and is 
providing the requested support pursuant to such author-
ity: Provided further, That the Secretary of Defense may 
waive this restriction on a case-by-case basis by certifying 
in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that it is in the 
national security interest to do so.
SEC. 8064. Notwithstanding section 12310(b) of title 
10, United States Code, a Reserve who is a member of 
the National Guard serving on full-time National Guard 
duty under section 502(f) of title 32, United States Code, 
may perform duties in support of the ground-based ele-
ments of the National Ballistic Missile Defense System. 
SEC. 8065. None of the funds provided in this Act 
may be used to transfer to any nongovernmental entity 
ammunition held by the Department of Defense that has 
a center-fire cartridge and a United States military no-
menclature designation of ‘‘armor penetrator’’, ‘‘armor 
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 
‘‘armor-piercing incendiary tracer (API–T)’’, except to an 
entity performing demilitarization services for the Depart-
ment of Defense under a contract that requires the entity 
to demonstrate to the satisfaction of the Department of 
Defense that armor piercing projectiles are either: (1) ren-
dered incapable of reuse by the demilitarization process; 
or (2) used to manufacture ammunition pursuant to a con-
tract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Per-
manent Export of Unclassified Military Articles issued by 
the Department of State. 
SEC. 8066. Notwithstanding any other provision of 
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under section 2667 
of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to 
any organization specified in section 508(d) of title 32, 
United States Code, or any other youth, social, or fra-
ternal nonprofit organization as may be approved by the 
Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis. 
SEC. 8067. None of the funds appropriated by this 
Act shall be used for the support of any nonappropriated 
funds activity of the Department of Defense that procures 
malt beverages and wine with nonappropriated funds for 
resale (including such alcoholic beverages sold by the 
drink) on a military installation located in the United 
States unless such malt beverages and wine are procured 
within that State, or in the case of the District of Colum-
bia, within the District of Columbia, in which the military 
installation is located: Provided, That in a case in which 
the military installation is located in more than one State, 
purchases may be made in any State in which the installa-
tion is located: Provided further, That such local procure-
ment requirements for malt beverages and wine shall 
apply to all alcoholic beverages only for military installa-
tions in States which are not contiguous with another
State: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most 
competitive source, price and other factors considered. 
SEC. 8068. Funds available to the Department of De-
fense for the Global Positioning System during the current 
fiscal year, and hereafter, may be used to fund civil re-
quirements associated with the satellite and ground con-
trol segments of such system’s modernization program. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$147,258,300 shall remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
the Secretary of Defense is authorized to transfer such 
funds to other activities of the Federal Government: Pro-
vided further, That the Secretary of Defense is authorized 
to enter into and carry out contracts for the acquisition 
of real property, construction, personal services, and oper-
ations related to projects carrying out the purposes of this 
section: Provided further, That contracts entered into 
under the authority of this section may provide for such 
indemnification as the Secretary determines to be nec-
essary: Provided further, That projects authorized by this 
section shall comply with applicable Federal, State, and
local law to the maximum extent consistent with the na-
tional security, as determined by the Secretary of Defense. 
SEC. 8070. Section 8106 of the Department of De-
fense Appropriations Act, 1997 (titles I through VIII of 
the matter under subsection 101(b) of Public Law 104– 
208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con-
tinue in effect to apply to disbursements that are made 
by the Department of Defense in fiscal year 2011. 
SEC. 8071. In addition to amounts provided else-
where in this Act, $4,000,000 is hereby appropriated to 
the Department of Defense, to remain available for obliga-
tion until expended: Provided, That notwithstanding any 
other provision of law, that upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, these funds shall be available only for a grant to the 
Fisher House Foundation, Inc., only for the construction 
and furnishing of additional Fisher Houses to meet the 
needs of military family members when confronted with 
the illness or hospitalization of an eligible military bene-
ficiary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8072. Of the amounts appropriated in this Act 
under the headings ‘‘Procurement, Defense-Wide’’ and 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’, $415,115,000 shall be for the Israeli Cooperative
Programs: Provided, That of this amount, $205,000,000 
shall be for the Secretary of Defense to provide to the Gov-
ernment of Israel for the procurement of the Iron Dome 
defense system to counter short-range rocket threats, 
$84,722,000 shall be for the Short Range Ballistic Missile 
Defense (SRBMD) program, including cruise missile de-
fense research and development under the SRBMD pro-
gram, $58,966,000 shall be available for an upper-tier 
component to the Israeli Missile Defense Architecture, and 
$66,427,000 shall be for the Arrow System Improvement 
Program including development of a long range, ground 
and airborne, detection suite, of which $12,000,000 shall 
be for producing Arrow missile components in the United 
States and Arrow missile components in Israel to meet 
Israel’s defense requirements, consistent with each na-
tion’s laws, regulations and procedures: Provided further, 
That funds made available under this provision for pro-
duction of missiles and missile components may be trans-
ferred to appropriations available for the procurement of 
weapons and equipment, to be merged with and to be 
available for the same time period and the same purposes 
as the appropriation to which transferred: Provided fur-
ther, That the transfer authority provided under this pro-
vision is in addition to any other transfer authority con-
tained in this Act.
SEC. 8073. None of the funds available to the De-
partment of Defense may be obligated to modify command 
and control relationships to give Fleet Forces Command 
administrative and operational control of U.S. Navy forces 
assigned to the Pacific fleet: Provided, That the command 
and control relationships which existed on October 1, 
2004, shall remain in force unless changes are specifically 
authorized in a subsequent Act. 
SEC. 8074. Notwithstanding any other provision of 
law or regulation, the Secretary of Defense may exercise 
the provisions of section 7403(g) of title 38, United States 
Code, for occupations listed in section 7403(a)(2) of title 
38, United States Code, as well as the following: 
Pharmacists, Audiologists, Psychologists, Social 
Workers, 
Othotists/Prosthetists, 
Occupational 
Therapists, 
Physical 
Therapists, 
Rehabilitation 
Therapists, Respiratory Therapists, Speech Patholo-
gists, Dietitian/Nutritionists, Industrial Hygienists, 
Psychology Technicians, Social Service Assistants, 
Practical Nurses, Nursing Assistants, and Dental 
Hygienists: 
(A) 
The 
requirements 
of 
section 
7403(g)(1)(A) of title 38, United States Code, 
shall apply.
(B) 
The 
limitations 
of 
section 
7403(g)(1)(B) of title 38, United States Code, 
shall not apply. 
SEC. 8075. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2011 until the enactment of the Intelligence Author-
ization Act for Fiscal Year 2011. 
SEC. 8076. None of the funds provided in this Act 
shall be available for obligation or expenditure through a 
reprogramming of funds that creates or initiates a new 
program, project, or activity unless such program, project, 
or activity must be undertaken immediately in the interest 
of national security and only after written prior notifica-
tion to the congressional defense committees. 
SEC. 8077. The budget of the President for fiscal 
year 2012 submitted to the Congress pursuant to section 
1105 of title 31, United States Code, shall include sepa-
rate budget justification documents for costs of United 
States Armed Forces’ participation in contingency oper-
ations for the Military Personnel accounts, the Operation 
and Maintenance accounts, and the Procurement ac-
counts: Provided, That these documents shall include a de-
scription of the funding requested for each contingency op-
eration, for each military service, to include all Active and 
Reserve components, and for each appropriations account: 
Provided further, That these documents shall include esti-
mated costs for each element of expense or object class, 
a reconciliation of increases and decreases for each contin-
gency operation, and programmatic data including, but 
not limited to, troop strength for each Active and Reserve 
component, and estimates of the major weapons systems 
deployed in support of each contingency: Provided further, 
That these documents shall include budget exhibits OP– 
5 and OP–32 (as defined in the Department of Defense 
Financial Management Regulation) for all contingency op-
erations for the budget year and the two preceding fiscal 
years. 
SEC. 8078. None of the funds in this Act may be 
used for research, development, test, evaluation, procure-
ment or deployment of nuclear armed interceptors of a 
missile defense system. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8079. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$65,200,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, he shall make grants in the amounts specified as fol-
lows: $20,000,000 to the United Service Organizations; 
$24,000,000 to the Red Cross; $1,200,000 to the Special 
Olympics; and $20,000,000 to the Youth Mentoring 
Grants Program: Provided further, That funds available 
in this section for the Youth Mentoring Grants Program 
may be available for transfer to the Department of Justice 
Youth Mentoring Grants Program. 
SEC. 8080. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force 
shall allow the 53rd Weather Reconnaissance Squadron to 
perform other missions in support of national defense re-
quirements during the non-hurricane season. 
SEC. 8081. None of the funds provided in this Act 
shall be available for integration of foreign intelligence in-
formation unless the information has been lawfully col-
lected and processed during the conduct of authorized for-
eign intelligence activities: Provided, That information 
pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth
Amendment of the United States Constitution as imple-
mented through Executive Order No. 12333. 
SEC. 8082. (a) At the time members of reserve com-
ponents of the Armed Forces are called or ordered to ac-
tive duty under section 12302(a) of title 10, United States 
Code, each member shall be notified in writing of the ex-
pected period during which the member will be mobilized. 
(b) The Secretary of Defense may waive the require-
ments of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a 
national security emergency or to meet dire operational 
requirements of the Armed Forces. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8083. The Secretary of Defense may transfer 
funds from any available Department of the Navy appro-
priation to any available Navy ship construction appro-
priation for the purpose of liquidating necessary changes 
resulting from inflation, market fluctuations, or rate ad-
justments for any ship construction program appropriated 
in law: Provided, That the Secretary may transfer not to 
exceed $100,000,000 under the authority provided by this 
section: Provided further, That the Secretary may not 
transfer any funds until 30 days after the proposed trans-
fer has been reported to the Committees on Appropria-
tions of the House of Representatives and the Senate, un-
less a response from the Committees is received sooner: 
Provided further, That any funds transferred pursuant to 
this section shall retain the same period of availability as 
when originally appropriated: Provided further, That the 
transfer authority provided by this section is in addition 
to any other transfer authority contained elsewhere in this 
Act. 
SEC. 8084. For purposes of section 7108 of title 41, 
United States Code, any subdivision of appropriations 
made under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ that is not closed at the time reimbursement is 
made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any sub-
division under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ appropriations in the current fiscal year or any 
prior fiscal year. 
SEC. 8085. (a) None of the funds appropriated by 
this Act may be used to transfer research and develop-
ment, acquisition, or other program authority relating to 
current tactical unmanned aerial vehicles (TUAVs) from 
the Army. 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Sky Warrior Unmanned 
Aerial Vehicle (UAV) in order to support the Secretary
of Defense in matters relating to the employment of un-
manned aerial vehicles. 
SEC. 8086. Notwithstanding any other provision of 
law or regulation, during the current fiscal year and here-
after, the Secretary of Defense may adjust wage rates for 
civilian employees hired for certain health care occupa-
tions as authorized for the Secretary of Veterans Affairs 
by section 7455 of title 38, United States Code. 
SEC. 8087. Up to $15,000,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
Navy’’ may be made available for the Asia Pacific Re-
gional Initiative Program for the purpose of enabling the 
Pacific Command to execute Theater Security Cooperation 
activities such as humanitarian assistance, and payment 
of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds 
made available for this purpose may be used, notwith-
standing any other funding authorities for humanitarian 
assistance, security assistance or combined exercise ex-
penses: Provided further, That funds may not be obligated 
to provide assistance to any foreign country that is other-
wise prohibited from receiving such type of assistance 
under any other provision of law. 
SEC. 8088. None of the funds appropriated by this 
Act for programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond 
the current fiscal year, except for funds appropriated for 
research and technology, which shall remain available until 
September 30, 2012. 
SEC. 8089. For purposes of section 1553(b) of title 
31, United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8090. Notwithstanding any other provision of 
law, not more than 35 percent of funds provided in this 
Act for environmental remediation may be obligated under 
indefinite delivery/indefinite quantity contracts with a 
total contract value of $130,000,000 or higher. 
SEC. 8091. The Director of National Intelligence 
shall include the budget exhibits identified in paragraphs 
(1) and (2) as described in the Department of Defense 
Financial Management Regulation with the congressional 
budget justification books: 
(1) For procurement programs requesting more 
than $20,000,000 in any fiscal year, the P–1, Pro-
curement Program; P–5, Cost Analysis; P–5a, Pro-
curement History and Planning; P–21, Production 
Schedule; and P–40, Budget Item Justification. 
(2) For research, development, test and evalua-
tion projects requesting more than $10,000,000 in 
any fiscal year, the R–1, RDT&E Program; R–2, 
RDT&E Budget Item Justification; R–3, RDT&E 
Project Cost Analysis; and R–4, RDT&E Program 
Schedule Profile. 
SEC. 8092. The Secretary of Defense shall create a 
major force program category for space for each future- 
years defense program of the Department of Defense sub-
mitted to Congress under section 221 of title 10, United 
States Code, during fiscal year 2011. The Secretary of De-
fense shall designate an official in the Office of the Sec-
retary of Defense to provide overall supervision of the 
preparation and justification of program recommendations 
and budget proposals to be included in such major force 
program category. 
SEC. 8093. (a) Not later than 60 days after enact-
ment of this Act, the Office of the Director of National 
Intelligence shall submit a report to the congressional in-
telligence committees to establish the baseline for applica-
tion of reprogramming and transfer authorities for fiscal 
year 2011: Provided, That the report shall include—
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation by Expenditure Center and project; and 
(3) an identification of items of special congres-
sional interest. 
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence 
certifies in writing to the congressional intelligence com-
mittees that such reprogramming or transfer is necessary 
as an emergency requirement. 
SEC. 8094. The Director of National Intelligence 
shall submit to Congress each year, at or about the time 
that the President’s budget is submitted to Congress that 
year under section 1105(a) of title 31, United States 
Code, a future-years intelligence program (including asso-
ciated annexes) reflecting the estimated expenditures and 
proposed appropriations included in that budget. Any such 
future-years intelligence program shall cover the fiscal
100 
year with respect to which the budget is submitted and 
at least the four succeeding fiscal years. 
SEC. 8095. For the purposes of this Act, the term 
‘‘congressional intelligence committees’’ means the Perma-
nent Select Committee on Intelligence of the House of 
Representatives, the Select Committee on Intelligence of 
the Senate, the Subcommittee on Defense of the Com-
mittee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on 
Appropriations of the Senate. 
SEC. 8096. The Department of Defense shall con-
tinue to report incremental contingency operations costs 
for Operation New Dawn and Operation Enduring Free-
dom on a monthly basis in the Cost of War Execution 
Report as prescribed in the Department of Defense Finan-
cial Management Regulation Department of Defense In-
struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 
Operations’’, Annex 1, dated September 2005. 
SEC. 8097. The amounts appropriated in title II of 
this Act are hereby reduced by $1,983,000,000 to reflect 
excess cash balances in Department of Defense Working 
Capital Funds, as follows: (1) From ‘‘Operation and Main-
tenance, Army’’, $700,000,000; and (2) From ‘‘Operation 
and Maintenance, Defense-Wide’’, $1,283,000,000.
101 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8098. During the current fiscal year, not to ex-
ceed $11,000,000 from each of the appropriations made 
in title II of this Act for ‘‘Operation and Maintenance, 
Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-
ation and Maintenance, Air Force’’ may be transferred by 
the military department concerned to its central fund es-
tablished for Fisher Houses and Suites pursuant to sec-
tion 2493(d) of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8099. Of the funds appropriated in the Intel-
ligence Community Management Account for the Program 
Manager for the Information Sharing Environment, 
$24,000,000 is available for transfer by the Director of 
National Intelligence to other departments and agencies 
for purposes of Government-wide information sharing ac-
tivities: Provided, That funds transferred under this provi-
sion are to be merged with and available for the same pur-
poses and time period as the appropriation to which trans-
ferred: Provided further, That the Office of Management 
and Budget must approve any transfers made under this 
provision. 
SEC. 8100. Funds appropriated by this Act for oper-
ation and maintenance may be available for the purpose 
of making remittances to the Defense Acquisition Work-
102 
force Development Fund in accordance with the require-
ments of section 1705 of title 10, United States Code. 
SEC. 8101. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public website of that agency any report 
required to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the agen-
cy that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report com-
promises national security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to 
the requesting Committee or Committees of Congress for 
no less than 45 days. 
SEC. 8102. (a) None of the funds appropriated or 
otherwise made available by this Act may be expended for 
any Federal contract for an amount in excess of 
$1,000,000 unless the contractor agrees not to— 
(1) enter into any agreement with any of its 
employees or independent contractors that requires, 
as a condition of employment, that the employee or 
independent contractor agree to resolve through ar-
bitration any claim under title VII of the Civil
103 
Rights Act of 1964 or any tort related to or arising 
out of sexual assault or harassment, including as-
sault and battery, intentional infliction of emotional 
distress, false imprisonment, or negligent hiring, su-
pervision, or retention; or 
(2) take any action to enforce any provision of 
an existing agreement with an employee or inde-
pendent contractor that mandates that the employee 
or independent contractor resolve through arbitra-
tion any claim under title VII of the Civil Rights Act 
of 1964 or any tort related to or arising out of sex-
ual assault or harassment, including assault and 
battery, intentional infliction of emotional distress, 
false imprisonment, or negligent hiring, supervision, 
or retention. 
(b) None of the funds appropriated or otherwise 
made available by this Act may be expended for any Fed-
eral contract unless the contractor certifies that it requires 
each covered subcontractor to agree not to enter into, and 
not to take any action to enforce any provision of, any 
agreement as described in paragraphs (1) and (2) of sub-
section (a), with respect to any employee or independent 
contractor performing work related to such subcontract. 
For purposes of this subsection, a ‘‘covered subcon-
104 
tractor’’ is an entity that has a subcontract in excess of 
$1,000,000 on a contract subject to subsection (a). 
(c) The prohibitions in this section do not apply with 
respect to a contractor’s or subcontractor’s agreements 
with employees or independent contractors that may not 
be enforced in a court of the United States. 
(d) The Secretary of Defense may waive the applica-
tion of subsection (a) or (b) to a particular contractor or 
subcontractor for the purposes of a particular contract or 
subcontract if the Secretary or the Deputy Secretary per-
sonally determines that the waiver is necessary to avoid 
harm to national security interests of the United States, 
and that the term of the contract or subcontract is not 
longer than necessary to avoid such harm. The determina-
tion shall set forth with specificity the grounds for the 
waiver and for the contract or subcontract term selected, 
and shall state any alternatives considered in lieu of a 
waiver and the reasons each such alternative would not 
avoid harm to national security interests of the United 
States. The Secretary of Defense shall transmit to Con-
gress, and simultaneously make public, any determination 
under this subsection not less than 15 business days be-
fore the contract or subcontract addressed in the deter-
mination may be awarded.
105 
(e) By March 1, 2011, or within 60 days after enact-
ment of this Act, whichever is later, the Government Ac-
countability Office shall submit a report to the Congress 
evaluating the effect that the requirements of this section 
have had on national security, including recommendations, 
if any, for changes to these requirements. 
SEC. 8103. (a) PROHIBITION ON CONVERSION OF 
FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO 
CONTRACTOR PERFORMANCE.—None of the funds appro-
priated by this Act or otherwise available to the Depart-
ment of Defense may be used to begin or announce the 
competition to award to a contractor or convert to per-
formance by a contractor any functions performed by Fed-
eral employees pursuant to a study conducted under Office 
of Management and Budget (OMB) Circular A–76. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to the award of a function to a contractor 
or the conversion of a function to performance by a con-
tractor pursuant to a study conducted under Office of 
Management and Budget (OMB) Circular A–76 once all 
reporting and certifications required by section 325 of the 
National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84) have been satisfactorily completed. 
SEC. 8104. (a)(1) No National Intelligence Program 
funds appropriated in this Act may be used for a mission
106 
critical or mission essential business management infor-
mation technology system that is not registered with the 
Director of National Intelligence. A system shall be con-
sidered to be registered with that officer upon the fur-
nishing notice of the system, together with such informa-
tion concerning the system as the Director of the Business 
Transformation Office may prescribe. 
(2) During the current fiscal year no funds may be 
obligated or expended for a financial management auto-
mated information system, a mixed information system 
supporting financial and non-financial systems, or a busi-
ness system improvement of more than $3,000,000, within 
the Intelligence Community without the approval of the 
Business Transformation Office, and the designated Intel-
ligence Community functional lead element. 
(b) The Director of the Business Transformation Of-
fice shall provide the congressional intelligence committees 
a semi-annual report of approvals under paragraph (1) no 
later than March 30 and September 30 of each year. The 
report shall include the results of the Business Trans-
formation Investment Review Board’s semi-annual activi-
ties, and each report shall certify that the following steps 
have been taken for systems approved under paragraph 
(1): 
(1) Business process reengineering.
107 
(2) An analysis of alternatives and an economic 
analysis that includes a calculation of the return on 
investment. 
(3) Assurance the system is compatible with the 
enterprise-wide business architecture. 
(4) Performance measures. 
(5) An information assurance strategy con-
sistent with the Chief Information Officer of the In-
telligence Community. 
(c) This section shall not apply to any programmatic 
or analytic systems or programmatic or analytic system 
improvements. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8105. Of the funds appropriated in this Act for 
the Office of the Director of National Intelligence, 
$50,000,000, may be transferred to appropriations avail-
able to the Central Intelligence Agency, the National Secu-
rity Agency, and the National Geospatial Intelligence 
Agency, the Defense Intelligence Agency and the National 
Reconnaissance Office for the Business Transformation 
Transfer Funds, to be merged with and to be available 
for the same time period and the same purposes as the 
appropriation to which transferred: Provided, That the 
transfer authority provided under this provision is in addi-
tion to any other transfer authority contained in this Act.
108 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8106. In addition to funds made available else-
where in this Act, there is hereby appropriated 
$538,875,000, to remain available until transferred: Pro-
vided, That these funds are appropriated to the ‘‘Tanker 
Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ 
elsewhere in this section): Provided further, That the Sec-
retary of the Air Force may transfer amounts in the Fund 
to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft 
Procurement, Air Force’’, and ‘‘Research, Development, 
Test and Evaluation, Air Force’’, only for the purposes 
of proceeding with a tanker acquisition program: Provided 
further, That funds transferred shall be merged with and 
be available for the same purposes and for the same time 
period as the appropriations or fund to which transferred: 
Provided further, That this transfer authority is in addi-
tion to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary 
of the Air Force shall, not fewer than 15 days prior to 
making transfers using funds provided in this section, no-
tify the congressional defense committees in writing of the 
details of any such transfer: Provided further, That the 
Secretary shall submit a report no later than 30 days after 
the end of each fiscal quarter to the congressional defense
109 
committees summarizing the details of the transfer of 
funds from this appropriation. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8107. From within the funds appropriated for 
operation and maintenance for the Defense Health Pro-
gram in this Act, up to $132,200,000, shall be available 
for transfer to the Joint Department of Defense-Depart-
ment of Veterans Affairs Medical Facility Demonstration 
Fund in accordance with the provisions of section 1704 
of the National Defense Authorization Act for Fiscal Year 
2010, Public Law 111–84: Provided, That for purposes 
of section 1704(b), the facility operations funded are oper-
ations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Vet-
erans Affairs Medical Center, the Navy Ambulatory Care 
Center, and supporting facilities designated as a combined 
Federal medical facility as described by section 706 of 
Public Law 110–417: Provided further, That additional 
funds may be transferred from funds appropriated for op-
eration and maintenance for the Defense Health Program 
to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund upon 
written notification by the Secretary of Defense to the 
Committees on Appropriations of the House of Represent-
atives and the Senate.
110 
SEC. 8108. (a) Of the amounts made available in this 
Act under the heading ‘‘Operation and Maintenance, 
Navy’’, not less than $2,000,000, shall be made available 
for leveraging the Army’s Contractor Manpower Reporting 
Application, modified as appropriate for Service-specific 
requirements, for documenting the number of full-time 
contractor employees (or its equivalent) pursuant to 
United States Code title 10, section 2330a(c) and meeting 
the requirements of United States Code title 10, section 
2330a(e) and United States Code title 10, section 235. 
(b) Of the amounts made available in this Act under 
the heading ‘‘Operation and Maintenance, Air Force’’, not 
less than $2,000,000 shall be made available for 
leveraging the Army’s Contractor Manpower Reporting 
Application, modified as appropriate for Service-specific 
requirements, for documenting the number of full-time 
contractor employees (or its equivalent) pursuant to 
United States Code title 10 section 2330a(c) and meeting 
the requirements of United States Code title 10, section 
2330a(e) and United States Code title 10, section 235. 
(c) The Secretaries of the Army, Navy, Air Force, 
and the Directors of the Defense Agencies and Field Ac-
tivities (in coordination with the appropriate Principal 
Staff Assistant), in coordination with the Under Secretary 
of Defense for Personnel and Readiness, shall report to
111 
the congressional defense committees within 60 days of 
enactment of this Act their plan for documenting the num-
ber of full-time contractor employees (or its equivalent), 
as required by United States Code title 10, section 2330a. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8109. In addition to amounts provided else-
where in this Act, there is appropriated $250,000,000, for 
an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, to be available until expended: Provided, 
That such funds shall only be available to the Secretary 
of Defense, acting through the Office of Economic Adjust-
ment of the Department of Defense, or for transfer to the 
Secretary of Education, notwithstanding any other provi-
sion of law, to make grants, conclude cooperative agree-
ments, or supplement other Federal funds to construct, 
renovate, repair, or expand elementary and secondary pub-
lic schools on military installations in order to address ca-
pacity or facility condition deficiencies at such schools: 
Provided further, That in making such funds available, the 
Office of Economic Adjustment or the Secretary of Edu-
cation shall give priority consideration to those military 
installations with schools having the most serious capacity 
or facility condition deficiencies as determined by the Sec-
retary of Defense.
112 
SEC. 8110. In addition to amounts provided else-
where in this Act, there is appropriated $300,000,000, for 
an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, to remain available until expended. Such 
funds may be available for the Office of Economic Adjust-
ment, notwithstanding any other provision of law, for 
transportation infrastructure improvements associated 
with medical facilities related to recommendations of the 
Defense Base Closure and Realignment Commission. 
SEC. 8111. Section 310(b) of the Supplemental Ap-
propriations Act, 2009 (Public Law 111–32; 124 Stat. 
1871) is amended by striking ‘‘1 year’’ both places it ap-
pears and inserting ‘‘2 years’’. 
SEC. 8112. The Office of the Director of National 
Intelligence shall not employ more Senior Executive em-
ployees than are specified in the classified annex: Pro-
vided, That not later than 90 days after enactment of this 
Act, the Director of National Intelligence shall certify that 
the Office of the Director of National Intelligence selects 
individuals for Senior Executive positions in a manner 
consistent with statutes, regulations, and the requirements 
of other Federal agencies in making such appointments 
and will submit its policies and procedures related to the 
appointment of personnel to Senior Executive positions to 
the congressional intelligence oversight committees.
113 
SEC. 8113. For all major defense acquisition pro-
grams for which the Department of Defense plans to pro-
ceed to source selection during the current fiscal year, the 
Secretary of Defense shall perform an assessment of the 
winning bidder to determine whether or not the proposed 
costs are realistic and reasonable with respect to proposed 
development and production costs. The Secretary of De-
fense shall provide a report of these assessments, to spe-
cifically include whether any cost assessments determined 
that such proposed costs were unreasonable or unrealistic, 
to the congressional defense committees not later than 60 
days after enactment of this Act and on a quarterly basis 
thereafter. 
SEC. 8114. (a) The Deputy Under Secretary of De-
fense for Installations and Environment, in collaboration 
with the Secretary of Energy, shall conduct energy secu-
rity pilot projects at facilities of the Department of De-
fense. 
(b) In addition to the amounts provided elsewhere in 
this Act, $20,000,000, is appropriated to the Department 
of Defense for ‘‘Operation and Maintenance, Defense- 
Wide’’ for energy security pilot projects under subsection 
(a). 
SEC. 8115. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
114 
pended to pay a retired general or flag officer to serve 
as a senior mentor advising the Department of Defense 
unless such retired officer files a Standard Form 278 (or 
successor form concerning public financial disclosure 
under part 2634 of title 5, Code of Federal Regulations) 
to the Office of Government Ethics. 
SEC. 8116. Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense, 
the Chief of the Air Force Reserve, and the Director of 
the National Guard Bureau, in collaboration with the Sec-
retary of Agriculture and the Secretary of the Interior, 
shall submit to the Committees on Appropriations of the 
House and Senate, the House Committee on Agriculture, 
the Senate Committee on Agriculture, Nutrition and For-
estry, the House Committee on Natural Resources, and 
the Senate Committee on Energy and Natural Resources 
a report of firefighting aviation assets. The report re-
quired under this section shall include each of the fol-
lowing: 
(1) A description of the programming details 
necessary to obtain an appropriate mix of fixed wing 
and rotor wing firefighting assets needed to produce 
an effective aviation resource base to support the 
wildland fire management program into the future. 
Such programming details shall include the acquisi-
115 
tion and contracting needs of the mix of aviation re-
sources fleet, including the acquisition of up to 24 
C–130Js equipped with the Mobile Airborne Fire 
Fighting System II (in this section referred to as 
‘‘MAFFS’’), to be acquired over several fiscal years 
starting in fiscal year 2012. 
(2) The costs associated with acquisition and 
contracting of the aviation assets described in para-
graph (1). 
(3) A description of the costs of the operation, 
maintenance, and sustainment of a fixed and rotor 
wing aviation fleet, including a C–130J/MAFFS II 
in an Air National Guard tactical airlift unit con-
struct of 4, 6, or 8 C–130Js per unit starting in fis-
cal year 2012, projected out through fiscal year 
2020. Such description shall include the projected 
costs associated with each of the following through 
fiscal year 2020: 
(A) Crew ratio based on 4, 6, or 8 C–130J 
Air National Guard unit construct and require-
ment for full-time equivalent crews. 
(B) Associated maintenance and other sup-
port personnel and requirement for full-time 
equivalent positions.
116 
(C) Yearly flying hour model and the cost 
for use of a fixed and rotor wing aviation fleet, 
including C–130J in its MAFFS capacity sup-
porting the United States Forest Service. 
(D) Yearly flying hour model and cost for 
use of a C–130J in its capacity supporting Air 
National Guard tactical airlift training. 
(E) Any other costs required to conduct 
both the airlift and firefighting missions, in-
cluding the Air National Guard unit construct 
for C–130Js. 
(4) Proposed program management, utilization, 
and cost share arrangements for the aircraft de-
scribed in paragraph (1) for primary support of the 
Forest Service and secondary support, on an as 
available basis, for the Department of Defense, to-
gether with any proposed statutory language needed 
to authorize and effectuate the same. 
(5) An integrated plan for the Forest Service 
and the Department of the Interior wildland fire 
management programs to operate the fire fighting 
air tanker assets referred to in this section. 
SEC. 8117. Notwithstanding any other provision of 
this Act, to reflect savings from revised economic assump-
tions, the total amount appropriated in title II of this Act
117 
is hereby reduced by $532,000,000, the total amount ap-
propriated in title III of this Act is hereby reduced by 
$564,000,000, and the total amount appropriated in title 
IV of this Act is hereby reduced by $381,000,000: Pro-
vided, That the Secretary of Defense shall allocate this 
reduction proportionally to each budget activity, activity 
group, subactivity group, and each program, project, and 
activity, within each appropriation account. 
SEC. 8118. The total amount available in this Act 
for pay for civilian personnel of the Department of De-
fense for fiscal year 2011 shall be the amount otherwise 
appropriated or made available by this Act for such pay 
reduced by $723,000,000. 
SEC. 8119. None of the funds appropriated or other-
wise made available to the Department of Defense may 
be used for the disestablishment, closure, or realignment 
of the Joint Forces Command unless within 120 days of 
the enactment of this Act— 
(1) the Secretary of Defense notifies the con-
gressional defense committees of the proposed dis-
establishment, closure, or realignment of the Joint 
Forces Command; and 
(2) the Secretary submits to the congressional 
defense committees a plan for the disestablishment,
118 
closure, or realignment of the Joint Forces Com-
mand, which plan shall contain at a minimum— 
(A) an explanation of the projected savings 
of the proposed disestablishment, closure, or re-
alignment; 
(B) a cost-benefit analysis of the proposed 
disestablishment, closure, or realignment; 
(C) the budgetary impact of the proposed 
disestablishment, closure, or realignment; 
(D) the strategic and operational con-
sequences of the proposed disestablishment, clo-
sure, or realignment; and 
(E) an appropriate local economic assess-
ment of the proposed disestablishment, closure, 
or realignment, which shall include at a min-
imum— 
(i) a list of Federal, State, and local 
government departments and agencies that 
are required by statute or regulation to 
provide assistance and outreach for the 
community affected by the proposed dis-
establishment, closure, or realignment; and 
(ii) a list of the contractors and busi-
nesses affected by the proposed disestab-
lishment, closure, or realignment.
119 
SEC. 8120. The explanatory statement regarding this 
Act, printed in the House of Representatives section of 
the Congressional Record on or about April 13, 2011, by 
the Chairman of the Committee on Appropriations of the 
House of Representatives, shall have the same effect with 
respect to the allocation of funds and implementation of 
this Act as if it were a Report of the Committee on Appro-
priations. 
TITLE IX 
OVERSEAS CONTINGENCY OPERATIONS 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $11,107,033,000: Provided, That each amount in 
this paragraph is designated as being for contingency op-
erations directly related to the global war on terrorism 
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $1,308,719,000: Provided, That each amount in 
this paragraph is designated as being for contingency op-
erations directly related to the global war on terrorism
120 
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $732,920,000: Provided, That each 
amount in this paragraph is designated as being for con-
tingency operations directly related to the global war on 
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
Congress) and as an emergency requirement pursuant to 
section 403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $1,843,442,000: Provided, That each amount 
in this paragraph is designated as being for contingency 
operations directly related to the global war on terrorism 
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $268,031,000: Provided, That each amount in this
121 
paragraph is designated as being for contingency oper-
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $48,912,000: Provided, That each amount in this 
paragraph is designated as being for contingency oper-
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, 
Marine Corps’’, $45,437,000: Provided, That each amount 
in this paragraph is designated as being for contingency 
operations directly related to the global war on terrorism 
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010.
122 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, 
Air Force’’, $27,002,000: Provided, That each amount in 
this paragraph is designated as being for contingency op-
erations directly related to the global war on terrorism 
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $853,022,000: Provided, That each 
amount in this paragraph is designated as being for con-
tingency operations directly related to the global war on 
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
Congress) and as an emergency requirement pursuant to 
section 403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Per-
sonnel, Air Force’’, $16,860,000: Provided, That each 
amount in this paragraph is designated as being for con-
tingency operations directly related to the global war on 
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
Congress) and as an emergency requirement pursuant to
123 
section 403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $59,162,782,000: Provided, That each 
amount in this paragraph is designated as being for con-
tingency operations directly related to the global war on 
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
Congress) and as an emergency requirement pursuant to 
section 403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $8,970,724,000: Provided, That each 
amount in this paragraph is designated as being for con-
tingency operations directly related to the global war on 
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
Congress) and as an emergency requirement pursuant to 
section 403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $4,008,022,000: Provided, That 
each amount in this paragraph is designated as being for
124 
contingency operations directly related to the global war 
on terrorism pursuant to section 3(c)(2) of H. Res. 5 
(112th Congress) and as an emergency requirement pur-
suant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $12,969,643,000: Provided, That 
each amount in this paragraph is designated as being for 
contingency operations directly related to the global war 
on terrorism pursuant to section 3(c)(2) of H. Res. 5 
(112th Congress) and as an emergency requirement pur-
suant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $9,276,990,000: Provided, That 
each amount in this section is designated as being for con-
tingency operations directly related to the global war on 
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
Congress) and as an emergency requirement pursuant to 
section 403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010:
125 
Provided further, That of the funds provided under this 
heading: 
(1) Not to exceed $12,500,000 for the Combat-
ant Commander Initiative Fund, to be used in sup-
port of Operation New Dawn and Operation Endur-
ing Freedom. 
(2) Not to exceed $1,600,000,000, to remain 
available until expended, for payments to reimburse 
key cooperating nations for logistical, military, and 
other support, including access provided to United 
States military operations in support of Operation 
New Dawn and Operation Enduring Freedom, not-
withstanding any other provision of law: Provided, 
That such reimbursement payments may be made in 
such amounts as the Secretary of Defense, with the 
concurrence of the Secretary of State, and in con-
sultation with the Director of the Office of Manage-
ment and Budget, may determine, in his discretion, 
based on documentation determined by the Secretary 
of Defense to adequately account for the support 
provided, and such determination is final and con-
clusive upon the accounting officers of the United 
States, and 15 days following notification to the ap-
propriate congressional committees: Provided further, 
That the requirement to provide notification shall
126 
not apply with respect to a reimbursement for access 
based on an international agreement: Provided fur-
ther, That these funds may be used for the purpose 
of providing specialized training and procuring sup-
plies and specialized equipment and providing such 
supplies and loaning such equipment on a non-reim-
bursable basis to coalition forces supporting United 
States military operations in Iraq and Afghanistan, 
and 15 days following notification to the appropriate 
congressional committees: Provided further, That the 
Secretary of Defense shall provide quarterly reports 
to the congressional defense committees on the use 
of funds provided in this paragraph. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Army Reserve’’, $206,784,000: Provided, That 
each amount in this paragraph is designated as being for 
contingency operations directly related to the global war 
on terrorism pursuant to section 3(c)(2) of H. Res. 5 
(112th Congress) and as an emergency requirement pur-
suant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010.
127 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Navy Reserve’’, $93,559,000: Provided, That 
each amount in this paragraph is designated as being for 
contingency operations directly related to the global war 
on terrorism pursuant to section 3(c)(2) of H. Res. 5 
(112th Congress) and as an emergency requirement pur-
suant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps Reserve’’, $29,685,000: Provided, 
That each amount in this paragraph is designated as 
being for contingency operations directly related to the 
global war on terrorism pursuant to section 3(c)(2) of H. 
Res. 5 (112th Congress) and as an emergency requirement 
pursuant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force Reserve’’, $188,807,000: Provided, 
That each amount in this paragraph is designated as
128 
being for contingency operations directly related to the 
global war on terrorism pursuant to section 3(c)(2) of H. 
Res. 5 (112th Congress) and as an emergency requirement 
pursuant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Army National Guard’’, $497,849,000: Provided, 
That each amount in this paragraph is designated as 
being for contingency operations directly related to the 
global war on terrorism pursuant to section 3(c)(2) of H. 
Res. 5 (112th Congress) and as an emergency requirement 
pursuant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Air National Guard’’, $402,983,000: Provided, 
That each amount in this paragraph is designated as 
being for contingency operations directly related to the 
global war on terrorism pursuant to section 3(c)(2) of H. 
Res. 5 (112th Congress) and as an emergency requirement 
pursuant to section 403(a) of S. Con. Res. 13 (111th Con-
129 
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
AFGHANISTAN INFRASTRUCTURE FUND 
(INCLUDING TRANSFER OF FUNDS) 
There is hereby established in the Treasury of the 
United States the ‘‘Afghanistan Infrastructure Fund’’. 
For 
the 
‘‘Afghanistan 
Infrastructure 
Fund’’, 
$400,000,000, to remain available until September 30, 
2012: Provided, That such sums shall be available for in-
frastructure projects in Afghanistan, notwithstanding any 
other provision of law, which shall be undertaken by the 
Secretary of State, unless the Secretary of State and the 
Secretary of Defense jointly decide that a specific project 
will be undertaken by the Department of Defense: Pro-
vided further, That the infrastructure referred to in the 
preceding proviso is in support of the counterinsurgency 
strategy, requiring funding for facility and infrastructure 
projects, including, but not limited to, water, power, and 
transportation projects and related maintenance and 
sustainment costs: Provided further, That the authority to 
undertake such infrastructure projects is in addition to 
any other authority to provide assistance to foreign na-
tions: Provided further, That any projects funded by this 
appropriation shall be jointly formulated and concurred in 
by the Secretary of State and Secretary of Defense: Pro-
130 
vided further, That funds may be transferred to the De-
partment of State for purposes of undertaking projects, 
which funds shall be considered to be economic assistance 
under the Foreign Assistance Act of 1961 for purposes 
of making available the administrative authorities con-
tained in that Act: Provided further, That the transfer au-
thority in the preceding proviso is in addition to any other 
authority available to the Department of Defense to trans-
fer funds: Provided further, That any unexpended funds 
transferred to the Secretary of State under this authority 
shall be returned to the Afghanistan Infrastructure Fund 
if the Secretary of State, in coordination with the Sec-
retary of Defense, determines that the project cannot be 
implemented for any reason, or that the project no longer 
supports the counterinsurgency strategy in Afghanistan: 
Provided further, That any funds returned to the Sec-
retary of Defense under the previous proviso shall be avail-
able for use under this appropriation and shall be treated 
in the same manner as funds not transferred to the Sec-
retary of State: Provided further, That contributions of 
funds for the purposes provided herein to the Secretary 
of State in accordance with section 635(d) of the Foreign 
Assistance Act from any person, foreign government, or 
international organization may be credited to this Fund, 
to remain available until expended, and used for such pur-
131 
poses: Provided further, That the Secretary of Defense 
shall, not fewer than 15 days prior to making transfers 
to or from, or obligations from the Fund, notify the appro-
priate committees of Congress in writing of the details of 
any such transfer: Provided further, That the ‘‘appropriate 
committees of Congress’’ are the Committees on Armed 
Services, Foreign Relations and Appropriations of the 
Senate and the Committees on Armed Services, Foreign 
Affairs and Appropriations of the House of Representa-
tives: Provided further, That each amount in this para-
graph is designated as being for contingency operations 
directly related to the global war on terrorism pursuant 
to section 3(c)(2) of H. Res. 5 (112th Congress) and as 
an emergency requirement pursuant to section 403(a) of 
S. Con. Res. 13 (111th Congress), the concurrent resolu-
tion on the budget for fiscal year 2010. 
AFGHANISTAN SECURITY FORCES FUND 
For the ‘‘Afghanistan Security Forces Fund’’, 
$11,619,283,000, to remain available until September 30, 
2012: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
of law, for the purpose of allowing the Commander, Com-
bined Security Transition Command—Afghanistan, or the 
Secretary’s designee, to provide assistance, with the con-
currence of the Secretary of State, to the security forces
132 
of Afghanistan, including the provision of equipment, sup-
plies, services, training, facility and infrastructure repair, 
renovation, and construction, and funding: Provided fur-
ther, That the authority to provide assistance under this 
heading is in addition to any other authority to provide 
assistance to foreign nations: Provided further, That up 
to $15,000,000 of these funds may be available for coali-
tion police trainer life support costs: Provided further, 
That contributions of funds for the purposes provided 
herein from any person, foreign government, or inter-
national organization may be credited to this Fund and 
used for such purposes: Provided further, That the Sec-
retary of Defense shall notify the congressional defense 
committees in writing upon the receipt and upon the obli-
gation of any contribution, delineating the sources and 
amounts of the funds received and the specific use of such 
contributions: Provided further, That the Secretary of De-
fense shall, not fewer than 15 days prior to obligating 
from this appropriation account, notify the congressional 
defense committees in writing of the details of any such 
obligation: Provided further, That the Secretary of Defense 
shall notify the congressional defense committees of any 
proposed new projects or transfer of funds between budget 
sub-activity groups in excess of $20,000,000: Provided fur-
ther, That each amount in this paragraph is designated
133 
as being for contingency operations directly related to the 
global war on terrorism pursuant to section 3(c)(2) of H. 
Res. 5 (112th Congress) and as an emergency requirement 
pursuant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
IRAQ SECURITY FORCES FUND 
For 
the 
‘‘Iraq 
Security 
Forces 
Fund’’, 
$1,500,000,000, to remain available until September 30, 
2012: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
of law, for the purpose of allowing the Commander, United 
States Forces-Iraq, or the Secretary’s designee, to provide 
assistance, with the concurrence of the Secretary of State, 
to the security forces of Iraq, including the provision of 
equipment, supplies, services, training, facility and infra-
structure repair, and renovation: Provided further, That 
the authority to provide assistance under this heading is 
in addition to any other authority to provide assistance 
to foreign nations: Provided further, That contributions of 
funds for the purposes provided herein from any person, 
foreign government, or international organization may be 
credited to this Fund and used for such purposes: Pro-
vided further, That the Secretary shall notify the congres-
sional defense committees in writing upon the receipt and
134 
upon the obligation of any contribution, delineating the 
sources and amounts of the funds received and the specific 
use of such contributions: Provided further, That the Sec-
retary of Defense shall, not fewer than 15 days prior to 
obligating from this appropriation account, notify the con-
gressional defense committees in writing of the details of 
any such obligation: Provided further, That the Secretary 
of Defense shall notify the congressional defense commit-
tees of any proposed new projects or transfer of funds be-
tween 
budget 
sub-activity 
groups 
in 
excess 
of 
$20,000,000: Provided further, That each amount in this 
paragraph is designated as being for contingency oper-
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
PAKISTAN COUNTERINSURGENCY FUND 
(INCLUDING TRANSFER OF FUNDS) 
For 
the 
‘‘Pakistan 
Counterinsurgency 
Fund’’, 
$800,000,000, to remain available until September 30, 
2012: Provided, That such funds shall be available to the 
Secretary of Defense, with the concurrence of the Sec-
retary of State, notwithstanding any other provision of 
law, for the purpose of allowing the Secretary of Defense,
135 
or the Secretary’s designee, to provide assistance to Paki-
stan’s security forces; including program management and 
the provision of equipment, supplies, services, training, 
and funds; and facility and infrastructure repair, renova-
tion, and construction to build the counterinsurgency ca-
pability of Pakistan’s military and Frontier Corps: Pro-
vided further, That the authority to provide assistance 
under this provision is in addition to any other authority 
to provide assistance to foreign nations: Provided further, 
That the Secretary of Defense may transfer funds pro-
vided herein to appropriations for operation and mainte-
nance; procurement; research, development, test and eval-
uation; defense working capital funds; and to the Depart-
ment of State, Pakistan Counterinsurgency Capability 
Fund to accomplish the purpose provided herein: Provided 
further, That the transfer authority in the preceding pro-
viso is in addition to any other authority available to the 
Department of Defense to transfer funds: Provided fur-
ther, That funds so transferred shall be merged with and 
be available for the same purposes and for the same time 
period as the appropriation or fund to which transferred: 
Provided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to making transfers from this 
appropriation account, notify the Committees on Appro-
priations in writing of the details of any such transfer:
136 
Provided further, That each amount in this paragraph is 
designated as being for contingency operations directly re-
lated to the global war on terrorism pursuant to section 
3(c)(2) of H. Res. 5 (112th Congress) and as an emer-
gency requirement pursuant to section 403(a) of S. Con. 
Res. 13 (111th Congress), the concurrent resolution on 
the budget for fiscal year 2010. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, 
Army’’, $2,720,138,000, to remain available until Sep-
tember 30, 2013: Provided, That each amount in this 
paragraph is designated as being for contingency oper-
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, 
Army’’, $343,828,000, to remain available until Sep-
tember 30, 2013: Provided, That each amount in this 
paragraph is designated as being for contingency oper-
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress)
137 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $896,996,000, 
to remain available until September 30, 2013: Provided, 
That each amount in this paragraph is designated as 
being for contingency operations directly related to the 
global war on terrorism pursuant to section 3(c)(2) of H. 
Res. 5 (112th Congress) and as an emergency requirement 
pursuant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $369,885,000, to remain available until 
September 30, 2013: Provided, That each amount in this 
paragraph is designated as being for contingency oper-
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010.
138 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $6,401,832,000, to remain available until Sep-
tember 30, 2013: Provided, That each amount in this 
paragraph is designated as being for contingency oper-
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $1,169,549,000, to remain available until Sep-
tember 30, 2013: Provided, That each amount in this 
paragraph is designated as being for contingency oper-
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procure-
ment, Navy’’, $90,502,000, to remain available until Sep-
tember 30, 2013: Provided, That each amount in this 
paragraph is designated as being for contingency oper-
139 
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $558,024,000, to re-
main available until September 30, 2013: Provided, That 
each amount in this paragraph is designated as being for 
contingency operations directly related to the global war 
on terrorism pursuant to section 3(c)(2) of H. Res. 5 
(112th Congress) and as an emergency requirement pur-
suant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, 
Navy’’, $316,835,000, to remain available until September 
30, 2013: Provided, That each amount in this paragraph 
is designated as being for contingency operations directly 
related to the global war on terrorism pursuant to section 
3(c)(2) of H. Res. 5 (112th Congress) and as an emer-
gency requirement pursuant to section 403(a) of S. Con.
140 
Res. 13 (111th Congress), the concurrent resolution on 
the budget for fiscal year 2010. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $1,589,119,000, to remain available until Sep-
tember 30, 2013: Provided, That each amount in this 
paragraph is designated as being for contingency oper-
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, 
Air Force’’, $1,991,955,000, to remain available until 
September 30, 2013: Provided, That each amount in this 
paragraph is designated as being for contingency oper-
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, 
Air Force’’, $56,621,000, to remain available until Sep-
141 
tember 30, 2013: Provided, That each amount in this 
paragraph is designated as being for contingency oper-
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $292,959,000, to remain available 
until September 30, 2013: Provided, That each amount 
in this paragraph is designated as being for contingency 
operations directly related to the global war on terrorism 
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $2,868,593,000, to remain available until 
September 30, 2013: Provided, That each amount in this 
paragraph is designated as being for contingency oper-
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section
142 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $1,262,499,000, to remain available until 
September 30, 2013: Provided, That each amount in this 
paragraph is designated as being for contingency oper-
ations directly related to the global war on terrorism pur-
suant to section 3(c)(2) of H. Res. 5 (112th Congress) 
and as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons and other procure-
ment for the reserve components of the Armed Forces, 
$850,000,000, to remain available for obligation until Sep-
tember 30, 2013, of which $250,000,000 shall be available 
only for the Army National Guard: Provided, That the 
Chiefs of National Guard and Reserve components shall, 
not later than 30 days after the enactment of this Act, 
individually submit to the congressional defense commit-
tees the modernization priority assessment for their re-
spective National Guard or Reserve component: Provided 
further, That each amount in this paragraph is designated
143 
as being for contingency operations directly related to the 
global war on terrorism pursuant to section 3(c)(2) of H. 
Res. 5 (112th Congress) and as an emergency requirement 
pursuant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the Mine Resistant Ambush Protected Vehicle 
Fund, $3,415,000,000, to remain available until Sep-
tember 30, 2012: Provided, That such funds shall be avail-
able to the Secretary of Defense, notwithstanding any 
other provision of law, to procure, sustain, transport, and 
field Mine Resistant Ambush Protected vehicles: Provided 
further, That the Secretary shall transfer such funds only 
to appropriations made available in this or any other Act 
for operation and maintenance; procurement; research, de-
velopment, test and evaluation; and defense working cap-
ital funds to accomplish the purpose provided herein: Pro-
vided further, That such transferred funds shall be merged 
with and be available for the same purposes and the same 
time period as the appropriation to which transferred: 
Provided further, That this transfer authority is in addi-
tion to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary
144 
shall, not fewer than 10 days prior to making transfers 
from this appropriation, notify the congressional defense 
committees in writing of the details of any such transfer: 
Provided further, That each amount in this paragraph is 
designated as being for contingency operations directly re-
lated to the global war on terrorism pursuant to section 
3(c)(2) of H. Res. 5 (112th Congress) and as an emer-
gency requirement pursuant to section 403(a) of S. Con. 
Res. 13 (111th Congress), the concurrent resolution on 
the budget for fiscal year 2010. 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $143,234,000, to re-
main available until September 30, 2012: Provided, That 
each amount in this paragraph is designated as being for 
contingency operations directly related to the global war 
on terrorism pursuant to section 3(c)(2) of H. Res. 5 
(112th Congress) and as an emergency requirement pur-
suant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010.
145 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $104,781,000, to re-
main available until September 30, 2012: Provided, That 
each amount in this paragraph is designated as being for 
contingency operations directly related to the global war 
on terrorism pursuant to section 3(c)(2) of H. Res. 5 
(112th Congress) and as an emergency requirement pur-
suant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $484,382,000, to 
remain available until September 30, 2012: Provided, 
That each amount in this paragraph is designated as 
being for contingency operations directly related to the 
global war on terrorism pursuant to section 3(c)(2) of H. 
Res. 5 (112th Congress) and as an emergency requirement 
pursuant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010.
146 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, 
Test 
and 
Evaluation, 
Defense-Wide’’, 
$222,616,000, to remain available until September 30, 
2012: Provided, That each amount in this paragraph is 
designated as being for contingency operations directly re-
lated to the global war on terrorism pursuant to section 
3(c)(2) of H. Res. 5 (112th Congress) and as an emer-
gency requirement pursuant to section 403(a) of S. Con. 
Res. 13 (111th Congress), the concurrent resolution on 
the budget for fiscal year 2010. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working 
Capital Funds’’, $485,384,000: Provided, That each 
amount in this paragraph is designated as being for con-
tingency operations directly related to the global war on 
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
Congress) and as an emergency requirement pursuant to 
section 403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.
147 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $1,422,092,000, of which $1,398,092,000 shall be 
for operation and maintenance, to remain available until 
September 30, 2011, and of which $24,000,000 shall be 
for research, development, test and evaluation, to remain 
available until September 30, 2012: Provided, That each 
amount in this paragraph is designated as being for con-
tingency operations directly related to the global war on 
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
Congress) and as an emergency requirement pursuant to 
section 403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities, Defense’’, $440,510,000, to re-
main available until September 30, 2012: Provided, That 
each amount in this paragraph is designated as being for 
contingency operations directly related to the global war 
on terrorism pursuant to section 3(c)(2) of H. Res. 5 
(112th Congress) and as an emergency requirement pur-
suant to section 403(a) of S. Con. Res. 13 (111th Con-
148 
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Joint Improvised Explosive Device Defeat 
Fund’’, $2,793,768,000, to remain available until Sep-
tember 30, 2013: Provided, That such funds shall be avail-
able to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Di-
rector of the Joint Improvised Explosive Device Defeat 
Organization to investigate, develop and provide equip-
ment, supplies, services, training, facilities, personnel and 
funds to assist United States forces in the defeat of impro-
vised explosive devices: Provided further, That the Sec-
retary of Defense may transfer funds provided herein to 
appropriations for military personnel; operation and main-
tenance; procurement; research, development, test and 
evaluation; and defense working capital funds to accom-
plish the purpose provided herein: Provided further, That 
this transfer authority is in addition to any other transfer 
authority available to the Department of Defense: Pro-
vided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to making transfers from this 
appropriation, notify the congressional defense committees 
in writing of the details of any such transfer: Provided
149 
further, That each amount in this paragraph is designated 
as being for contingency operations directly related to the 
global war on terrorism pursuant to section 3(c)(2) of H. 
Res. 5 (112th Congress) and as an emergency requirement 
pursuant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the In-
spector General’’, $10,529,000: Provided, That each 
amount in this paragraph is designated as being for con-
tingency operations directly related to the global war on 
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
Congress) and as an emergency requirement pursuant to 
section 403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9001. Notwithstanding any other provision of 
law, funds made available in this title are in addition to 
amounts appropriated or otherwise made available for the 
Department of Defense for fiscal year 2011. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national 
interest, the Secretary may, with the approval of the Of-
150 
fice of Management and Budget, transfer up to 
$4,000,000,000 between the appropriations or funds made 
available to the Department of Defense in this title: Pro-
vided, That the Secretary shall notify the Congress 
promptly of each transfer made pursuant to the authority 
in this section: Provided further, That the authority pro-
vided in this section is in addition to any other transfer 
authority available to the Department of Defense and is 
subject to the same terms and conditions as the authority 
provided in the Department of Defense Appropriations 
Act, 2011. 
SEC. 9003. Supervision and administration costs as-
sociated with a construction project funded with appro-
priations available for operation and maintenance or the 
‘‘Afghanistan Security Forces Fund’’ provided in this Act 
and executed in direct support of overseas contingency op-
erations in Afghanistan, may be obligated at the time a 
construction contract is awarded: Provided, That for the 
purpose of this section, supervision and administration 
costs include all in-house Government costs. 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase for use by military 
and civilian employees of the Department of Defense in 
Iraq and Afghanistan: (a) passenger motor vehicles up to 
a limit of $75,000 per vehicle; and (b) heavy and light
151 
armored vehicles for the physical security of personnel or 
for force protection purposes up to a limit of $250,000 
per vehicle, notwithstanding price or other limitations ap-
plicable to the purchase of passenger carrying vehicles. 
SEC. 9005. Not to exceed $500,000,000 of the 
amount appropriated in this title under the heading ‘‘Op-
eration and Maintenance, Army’’ may be used, notwith-
standing any other provision of law, to fund the Com-
mander’s Emergency Response Program (CERP), for the 
purpose of enabling military commanders in Iraq and Af-
ghanistan to respond to urgent, small scale, humanitarian 
relief and reconstruction requirements within their areas 
of responsibility: Provided, That projects (including any 
ancillary or related elements in connection with such 
project) executed under this authority shall not exceed 
$20,000,000: Provided further, That not later than 45 
days after the end of each fiscal year quarter, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report regarding the source of funds and the 
allocation and use of funds during that quarter that were 
made available pursuant to the authority provided in this 
section or under any other provision of law for the pur-
poses described herein: Provided further, That, not later 
than 30 days after the end of each month, the Army shall 
submit to the congressional defense committees monthly
152 
commitment, obligation, and expenditure data for the 
Commander’s Emergency Response Program in Iraq and 
Afghanistan: Provided further, That not less than 15 days 
before making funds available pursuant to the authority 
provided in this section or under any other provision of 
law for the purposes described herein for a project with 
a total anticipated cost for completion of $5,000,000 or 
more, the Secretary shall submit to the congressional de-
fense committees a written notice containing each of the 
following: 
(1) The location, nature and purpose of the 
proposed project, including how the project is in-
tended to advance the military campaign plan for 
the country in which it is to be carried out. 
(2) The budget, implementation timeline with 
milestones, and completion date for the proposed 
project, including any other CERP funding that has 
been or is anticipated to be contributed to the com-
pletion of the project. 
(3) A plan for the sustainment of the proposed 
project, including the agreement with either the host 
nation, a non-Department of Defense agency of the 
United States Government or a third party contrib-
utor to finance the sustainment of the activities and
153 
maintenance of any equipment or facilities to be pro-
vided through the proposed project. 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, not-
withstanding any other provision of law, to provide sup-
plies, services, transportation, including airlift and sealift, 
and other logistical support to coalition forces supporting 
military and stability operations in Iraq and Afghanistan: 
Provided, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees 
regarding support provided under this section. 
SEC. 9007. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for 
a purpose as follows: 
(1) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq. 
(3) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Af-
ghanistan.
154 
SEC. 9008. None of the funds made available in this 
Act may be used in contravention of the following laws 
enacted or regulations promulgated to implement the 
United Nations Convention Against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment 
(done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Fed-
eral Regulations, and part 95 of title 22, Code of 
Federal Regulations. 
(3) Sections 1002 and 1003 of the Department 
of Defense, Emergency Supplemental Appropriations 
to Address Hurricanes in the Gulf of Mexico, and 
Pandemic Influenza Act, 2006 (Public Law 109– 
148). 
SEC. 9009. (a) The Secretary of Defense shall submit 
to the congressional defense committees not later than 45 
days after the end of each fiscal quarter a report on the 
proposed use of all funds appropriated by this or any prior 
Act under each of the headings Iraq Security Forces
155 
Fund, Afghanistan Security Forces Fund, Afghanistan In-
frastructure Fund, and Pakistan Counterinsurgency Fund 
on a project-by-project basis, for which the obligation of 
funds is anticipated during the 3-month period from such 
date, including estimates for the accounts referred to in 
this section of the costs required to complete each such 
project. 
(b) The report required by this subsection shall in-
clude the following: 
(1) The use of all funds on a project-by-project 
basis for which funds appropriated under the head-
ings referred to in subsection (a) were obligated 
prior to the submission of the report, including esti-
mates for the accounts referred to in subsection (a) 
of the costs to complete each project. 
(2) The use of all funds on a project-by-project 
basis for which funds were appropriated under the 
headings referred to in subsection (a) in prior appro-
priations Acts, or for which funds were made avail-
able by transfer, reprogramming, or allocation from 
other headings in prior appropriations Acts, includ-
ing estimates for the accounts referred to in sub-
section (a) of the costs to complete each project. 
(3) An estimated total cost to train and equip 
the Iraq, Afghanistan, and Pakistan security forces,
156 
disaggregated by major program and sub-elements 
by force, arrayed by fiscal year. 
SEC. 9010. Funds made available in this title to the 
Department of Defense for operation and maintenance 
may be used to purchase items having an investment unit 
cost of not more than $250,000: Provided, That, upon de-
termination by the Secretary of Defense that such action 
is necessary to meet the operational requirements of a 
Commander of a Combatant Command engaged in contin-
gency operations overseas, such funds may be used to pur-
chase items having an investment item unit cost of not 
more than $500,000. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9011. Of the funds appropriated by this Act for 
the Office of the Director of National Intelligence, 
$3,375,000 is available, as specified in the classified 
annex, for transfer to other departments and agencies of 
the Federal Government. 
SEC. 9012. (a) The Task Force for Business and Sta-
bility Operations in Afghanistan may, subject to the direc-
tion and control of the Secretary of Defense and with the 
concurrence of the Secretary of State, carry out projects 
in fiscal year 2011 to assist the commander of the United 
States Central Command in developing a link between 
United States military operations in Afghanistan under
157 
Operation Enduring Freedom and the economic elements 
of United States national power in order to reduce vio-
lence, enhance stability, and restore economic normalcy in 
Afghanistan through strategic business and economic op-
portunities. 
(b) The projects carried out under paragraph (a) may 
include projects that facilitate private investment, indus-
trial development, banking and financial system develop-
ment, agricultural diversification and revitalization, and 
energy development in and with respect to Afghanistan. 
(c) The Secretary may use up to $150,000,000 of the 
funds available for overseas contingency operations in 
‘‘Operation and Maintenance, Army’’ for additional activi-
ties to carry out projects under paragraph (a). 
SEC. 9013. (a) Not more than 85 percent of the 
funds provided in this title for Operation and Maintenance 
may be available for obligation or expenditure until the 
date on which the Secretary of Defense submits the report 
under subsection (b). 
(b) Not later than 120 days after the date of the en-
actment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on con-
tractor employees in the United States Central Command, 
including—
158 
(1) the number of employees of a contractor 
awarded a contract by the Department of Defense 
(including subcontractor employees) who are em-
ployed at the time of the report in the area of oper-
ations of the United States Central Command, in-
cluding a list of the number of such employees in 
each of Iraq, Afghanistan, and all other areas of op-
erations of the United States Central Command; and 
(2) for each fiscal year quarter beginning on 
the date of the report and ending on September 30, 
2012— 
(A) the number of such employees planned 
by the Secretary to be employed during each 
such period in each of Iraq, Afghanistan, and 
all other areas of operations of the United 
States Central Command; and 
(B) an explanation of how the number of 
such employees listed under subparagraph (A) 
relates to the planned number of military per-
sonnel in such locations. 
SEC. 9014. From funds made available in this title 
to the Department of Defense for operation and mainte-
nance, up to $129,100,000 may be used by the Secretary 
of Defense, notwithstanding any other provision of law, 
to support the United States Government transition activi-
159 
ties in Iraq by undertaking facilities renovation and con-
struction associated with establishing Office of Security 
Cooperation locations, at no more than four sites, in Iraq: 
Provided, That not less than 15 days before making funds 
available pursuant to the authority provided in this sec-
tion, the Secretary shall submit to the congressional de-
fense committees a written notice containing a detailed 
justification and timeline for each proposed site and the 
source of funds. 
SEC. 9015. Any reference to ‘‘this Act’’ in this divi-
sion shall apply solely to this division. 
This division may be cited as the ‘‘Department of De-
fense Appropriations Act, 2011’’. 
DIVISION B—FULL-YEAR CONTINUING 
APPROPRIATIONS, 2011 
The following sums are hereby appropriated, out of 
any money in the Treasury not otherwise appropriated, 
and out of applicable corporate or other revenues, receipts, 
and funds, for the several departments, agencies, corpora-
tions, and other organizational units of Government for 
fiscal year 2011, and for other purposes, namely: 
TITLE I—GENERAL PROVISIONS 
SEC. 1101. (a) Such amounts as may be necessary, 
at the level specified in subsection (c) and under the au-
thority and conditions provided in applicable appropria-
160 
tions Acts for fiscal year 2010, for projects or activities 
(including the costs of direct loans and loan guarantees) 
that are not otherwise specifically provided for, and for 
which appropriations, funds, or other authority were made 
available in the following appropriations Acts: 
(1) The Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Ap-
propriations Act, 2010 (Public Law 111–80). 
(2) The Energy and Water Development and 
Related Agencies Appropriations Act, 2010 (Public 
Law 111–85). 
(3) The Department of Homeland Security Ap-
propriations Act, 2010 (Public Law 111–83). 
(4) The Department of the Interior, Environ-
ment, and Related Agencies Appropriations Act, 
2010 (division A of Public Law 111–88). 
(5) The Legislative Branch Appropriations Act, 
2010 (division A of Public Law 111–68). 
(6) The Consolidated Appropriations Act, 2010 
(Public Law 111–117). 
(7) Section 102(c) (except the last proviso re-
lating to waiver of fees) of chapter 1 of title I of the 
Supplemental Appropriations Act, 2010 (Public Law 
111–212) that addresses guaranteed loans in the 
rural housing insurance fund.
161 
(b) For purposes of this division, the term ‘‘level’’ 
means an amount. 
(c) The level referred to in subsection (a) shall be 
the amounts appropriated in the appropriations Acts re-
ferred to in such subsection, including transfers and obli-
gation limitations, except that— 
(1) such level shall not include any amount pre-
viously designated as an emergency requirement and 
necessary to meet emergency needs pursuant to sec-
tions 403(a) and 423(b) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget 
for fiscal year 2010; and 
(2) such level shall be calculated without regard 
to any rescission or cancellation of funds or contract 
authority. 
SEC. 1102. Appropriations made by section 1101 
shall be available to the extent and in the manner that 
would be provided by the pertinent appropriations Act. 
SEC. 1103. Appropriations provided by this division 
that, in the applicable appropriations Act for fiscal year 
2010, carried a multiple-year or no-year period of avail-
ability shall retain a comparable period of availability. 
SEC. 1104. Except as otherwise expressly provided in 
this division, the requirements, authorities, conditions, 
limitations, and other provisions of the appropriations
162 
Acts referred to in section 1101(a) shall continue in effect 
through the date specified in section 1106. 
SEC. 1105. No appropriation or funds made available 
or authority granted pursuant to section 1101 shall be 
used to initiate or resume any project or activity for which 
appropriations, funds, or other authority were specifically 
prohibited during fiscal year 2010. 
SEC. 1106. Unless otherwise provided for in this divi-
sion or in the applicable appropriations Act, appropria-
tions and funds made available and authority granted pur-
suant to this division shall be available through September 
30, 2011. 
SEC. 1107. Expenditures made pursuant to the Con-
tinuing Appropriations Act, 2011 (Public Law 111–242), 
shall be charged to the applicable appropriation, fund, or 
authorization provided by this division. 
SEC. 1108. Funds appropriated by this division may 
be obligated and expended notwithstanding section 10 of 
Public Law 91–672 (22 U.S.C. 2412), section 15 of the 
State Department Basic Authorities Act of 1956 (22 
U.S.C. 2680), section 313 of the Foreign Relations Au-
thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 
6212), and section 504(a)(1) of the National Security Act 
of 1947 (50 U.S.C. 414(a)(1)).
163 
SEC. 1109. (a) For entitlements and other mandatory 
payments whose budget authority was provided in appro-
priations Acts for fiscal year 2010, and for activities under 
the Food and Nutrition Act of 2008, the levels established 
by section 1101 shall be the amounts necessary to main-
tain program levels under current law and under the au-
thority and conditions provided in the applicable appro-
priations Acts for fiscal year 2010. 
(b) In addition to the amounts otherwise provided by 
section 1101, the following amounts shall be available for 
the following accounts for advance payments for the first 
quarter of fiscal year 2012: 
(1) ‘‘Department of Labor, Employment Stand-
ards Administration, Special Benefits for Disabled 
Coal Miners’’, for benefit payments under title IV of 
the Federal Mine Safety and Health Act of 1977, 
$41,000,000, to remain available until expended. 
(2) ‘‘Department of Health and Human Serv-
ices, Centers for Medicare and Medicaid Services, 
Grants to States for Medicaid’’, for payments to 
States or in the case of section 1928 on behalf of 
States under title XIX of the Social Security Act, 
$86,445,289,000, to remain available until ex-
pended.
165 
war on terrorism pursuant to section 3(c)(2) of H. Res. 
5 (112th Congress) and as an emergency requirement pur-
suant to section 403(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
SEC. 1111. Any language specifying an earmark in 
an appropriations Act for fiscal year 2010, or in a com-
mittee report or joint explanatory statement accom-
panying such an Act, shall have no legal effect with re-
spect to funds appropriated by this division. For purposes 
of this section, the term ‘‘earmark’’ means a congressional 
earmark or congressionally directed spending item, as de-
fined in clause 9(e) of rule XXI of the Rules of the House 
of Representatives and paragraph 5(a) of rule XLIV of 
the Standing Rules of the Senate. 
SEC. 1112. Notwithstanding section 1101, none of 
the funds appropriated or otherwise made available in this 
division or any other Act (including division A of this Act) 
may be used to transfer, release, or assist in the transfer 
or release to or within the United States, its territories, 
or possessions Khalid Sheikh Mohammed or any other de-
tainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and
166 
(2) is or was held on or after June 24, 2009, 
at the United States Naval Station, Guantanamo 
Bay, Cuba, by the Department of Defense. 
SEC. 1113. (a)(1) Notwithstanding section 1101, ex-
cept as provided in paragraph (2), none of the funds ap-
propriated or otherwise made available in this division or 
any other Act (including division A of this Act) may be 
used to transfer any individual detained at Guantanamo 
to the custody or effective control of the individual’s coun-
try of origin, any other foreign country, or any other for-
eign entity unless the Secretary of Defense submits to 
Congress the certification described in subsection (b) by 
not later than 30 days before the transfer of the indi-
vidual. 
(2) Paragraph (1) shall not apply to any action taken 
by the Secretary of Defense to transfer any individual de-
tained at Guantanamo to effectuate an order affecting the 
disposition of the individual that is issued by a court or 
competent tribunal of the United States having lawful ju-
risdiction. The Secretary of Defense shall notify Congress 
promptly upon issuance of any such order. 
(b) The certification described in this subsection is 
a written certification made by the Secretary of Defense, 
with the concurrence of the Secretary of State, that the 
government of the foreign country or the recognized lead-
167 
ership of the foreign entity to which the individual de-
tained at Guantanamo is to be transferred— 
(1) is not a designated state sponsor of ter-
rorism or a designated foreign terrorist organization; 
(2) maintains effective control over each deten-
tion facility in which an individual is to be detained 
if the individual is to be housed in a detention facil-
ity; 
(3) is not, as of the date of the certification, 
facing a threat that is likely to substantially affect 
its ability to exercise control over the individual; 
(4) has agreed to take effective steps to ensure 
that the individual cannot take action to threaten 
the United States, its citizens, or its allies in the fu-
ture; 
(5) has taken such steps as the Secretary deter-
mines are necessary to ensure that the individual 
cannot engage or re-engage in any terrorist activity; 
and 
(6) has agreed to share any information with 
the United States that— 
(A) is related to the individual or any asso-
ciates of the individual; and 
(B) could affect the security of the United 
States, its citizens, or its allies.
168 
(c)(1) Except as provided in paragraph (3), none of 
the funds appropriated or otherwise made available in this 
division or any other Act (including division A of this Act) 
may be used to transfer any individual detained at Guan-
tanamo to the custody or effective control of the individ-
ual’s country of origin, any other foreign country, or any 
other foreign entity if there is a confirmed case of any 
individual who was detained at United States Naval Sta-
tion, Guantanamo Bay, Cuba, at any time after September 
11, 2001, who was transferred to the foreign country or 
entity and subsequently engaged in any terrorist activity. 
(2) The Secretary of Defense may waive the prohibi-
tion in paragraph (1) if the Secretary determines that 
such a transfer is in the national security interests of the 
United States and includes, as part of the certification de-
scribed in subsection (b) relating to such transfer, the de-
termination of the Secretary under this paragraph. 
(3) Paragraph (1) shall not apply to any action taken 
by the Secretary to transfer any individual detained at 
Guantanamo to effectuate an order affecting the disposi-
tion of the individual that is issued by a court or com-
petent tribunal of the United States having lawful jurisdic-
tion. The Secretary shall notify Congress promptly upon 
issuance of any such order. 
(d) For the purposes of this section:
169 
(1) The term ‘‘individual detained at Guanta-
namo’’ means any individual who is located at 
United States Naval Station, Guantanamo Bay, 
Cuba, as of October 1, 2009, who— 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is— 
(i) in the custody or under the effec-
tive control of the Department of Defense; 
or 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
(2) The term ‘‘foreign terrorist organization’’ 
means any organization so designated by the Sec-
retary of State under section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189). 
SEC. 1114. (a) Notwithstanding section 1101, none 
of the funds appropriated or otherwise made available by 
this division or any other Act (including division A of this 
Act) may be used to construct or modify any facility in 
the United States, its territories, or possessions to house 
any individual described in subsection (c) for the purposes
170 
of detention or imprisonment in the custody or under the 
effective control of the Department of Defense. 
(b) The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval 
Station, Guantanamo Bay, Cuba. 
(c) An individual described in this subsection is any 
individual who, as of June 24, 2009, is located at United 
States Naval Station, Guantanamo Bay, Cuba, and who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba. 
SEC. 1115. Section 1(b)(2) of the Passport Act of 
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by 
substituting the date specified in section 1106 of this divi-
sion for ‘‘September 30, 2010’’. 
SEC. 1116. (a) Section 1115(d) of Public Law 111– 
32 shall be applied by substituting the date specified in 
section 1106 of this division for ‘‘October 1, 2010’’. 
(b) Section 824(g) of the Foreign Service Act of 1980 
(22 U.S.C. 4064(g)) shall be applied by substituting the
171 
date specified in section 1106 of this division for ‘‘October 
1, 2010’’ in paragraph (2). 
(c) Section 61(a) of the State Department Basic Au-
thorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied 
by substituting the date specified in section 1106 of this 
division for ‘‘October 1, 2010’’ in paragraph (2). 
(d) Section 625(j)(1) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by sub-
stituting the date specified in section 1106 of this division 
for ‘‘October 1, 2010’’ in subparagraph (B). 
SEC. 1117. The authority provided by section 1334 
of the Foreign Affairs Reform and Restructuring Act of 
1998 (22 U.S.C. 6553) shall remain in effect through the 
date specified in section 1106 of this division. 
SEC. 1118. With respect to any discretionary account 
for which advance appropriations were provided for fiscal 
year 2011 or 2012 in an appropriations Act for fiscal year 
2010, in addition to amounts otherwise made available by 
this Act, advance appropriations are provided in the same 
amount for fiscal year 2012 or 2013, respectively, with 
a comparable period of availability. 
SEC. 1119. (a) ACROSS-THE-BOARD RESCISSIONS.— 
There is hereby rescinded an amount equal to 0.2 percent 
of—
173 
and as an emergency requirement pursuant to sec-
tion 403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 
2010. 
(d) OMB REPORT.—Within 30 days after the date 
of the enactment of this section, the Director of the Office 
of Management and Budget shall submit to the Commit-
tees on Appropriations of the House of Representatives 
and the Senate a report specifying the account and 
amount of each rescission made pursuant to this section. 
TITLE II—AGRICULTURE, RURAL DEVELOP-
MENT, FOOD AND DRUG ADMINISTRATION, 
AND RELATED AGENCIES 
SEC. 1201. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Office of the Secretary’’ shall 
be $5,061,000. 
SEC. 1202. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Office of Tribal Relations’’ 
shall be $499,000. 
SEC. 1203. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Executive Operations, Office 
of Chief Economist’’ shall be $12,032,000. 
SEC. 1204. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Executive Operations, Na-
tional Appeals Division’’ shall be $14,254,000.
174 
SEC. 1205. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Executive Operations, Office 
of Homeland Security’’ shall be $1,499,000. 
SEC. 1206. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Office of Advocacy and Out-
reach’’ shall be $1,425,000. 
SEC. 1207. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Office of the Chief Informa-
tion Officer’’ shall be $40,000,000. 
SEC. 1208. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Office of the Chief Financial 
Officer’’ shall be $6,260,000. 
SEC. 1209. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Office of Civil Rights’’ shall 
be $22,737,000. 
SEC. 1210. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Agriculture Buildings and 
Facilities and Rental Payments’’ shall be $246,970,000, 
of which $178,470,000 shall be available for payments to 
the General Services Administration for rent; of which 
$13,500,000 shall be for payment to the Department of 
Homeland Security for building and security activities; 
and of which $55,000,000 shall be for buildings operations 
and maintenance expenses.
175 
SEC. 1211. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Hazardous Materials Man-
agement’’ shall be $4,000,000. 
SEC. 1212. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Departmental Administra-
tion’’ shall be $29,706,000. 
SEC. 1213. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Office of the Assistant Sec-
retary for Congressional Relations’’ shall be $3,877,000. 
SEC. 1214. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Office of Communications’’ 
shall be $9,499,000. 
SEC. 1215. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Office of the General Coun-
sel’’ shall be $41,499,000. 
SEC. 1216. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Economic Research Service’’ 
shall be $81,978,000. 
SEC. 1217. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, National Agricultural Statis-
tics Service’’ shall be $156,761,000: Provided, That the 
amounts included under such heading in Public Law 111– 
80 shall be applied to funds appropriated by this division 
by substituting ‘‘$33,139,000’’ for ‘‘$37,908,000’’.
176 
SEC. 1218. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Agricultural Research Serv-
ice, Salaries and Expenses’’ shall be $1,135,501,000. 
SEC. 1219. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Agricultural Research Serv-
ice, Buildings and Facilities’’ shall be $0. 
SEC. 1220. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, National Institute of Food 
and Agriculture, Research and Education Activities’’ shall 
be $700,140,000: Provided, That the amounts included 
under such heading in Public Law 111–80 shall be applied 
to funds appropriated by this division by substituting 
‘‘$236,808,000’’ for ‘‘$215,000,000’’; by substituting 
‘‘$33,000,000’’ 
for 
‘‘$29,000,000’’; 
by 
substituting 
‘‘$51,000,000’’ 
for 
‘‘$48,500,000’’; 
by 
substituting 
‘‘$265,000,000’’ for ‘‘$262,482,000’’; by substituting 
‘‘$2,844,000’’ 
for 
‘‘$89,029,000’’; 
by 
substituting 
‘‘$19,375,000’’ for ‘‘$18,250,000’’; and by substituting 
‘‘$11,253,000’’ for ‘‘$45,122,000’’. 
SEC. 1221. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, National Institute of Food 
and 
Agriculture, 
Extension 
Activities’’ 
shall 
be 
$480,092,000: Provided, That the amounts included under 
such heading in Public Law 111–80 shall be applied to 
funds appropriated by this division by substituting
177 
‘‘$294,500,000’’ for ‘‘$297,500,000’’ and by substituting 
‘‘$8,565,000’’ for ‘‘$20,396,000’’. 
SEC. 1222. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, National Institute of Food 
and 
Agriculture, 
Integrated 
Activities’’ 
shall 
be 
‘‘$37,000,000’’: Provided, That the amounts included 
under such heading in Public Law 111–80 shall be applied 
to funds appropriated by this division by substituting 
‘‘$29,000,000’’ 
for 
‘‘$45,148,000’’; 
by 
substituting 
‘‘$9,000,000’’ 
for 
‘‘$12,649,000’’; 
by 
substituting 
‘‘$11,000,000’’ 
for 
‘‘$14,596,000’’; 
by 
substituting 
‘‘$3,000,000’’ for ‘‘$4,096,000’’; by substituting ‘‘$0’’ for 
‘‘$4,388,000’’; by substituting ‘‘$0’’ for ‘‘$1,365,000’’; by 
substituting ‘‘$2,000,000’’ for ‘‘$3,054,000’’; by sub-
stituting ‘‘$4,000,000’’ for ‘‘$5,000,000’’; by substituting 
‘‘$1,000,000’’ for ‘‘$3,000,000’’; by substituting ‘‘$0’’ for 
‘‘$732,000’’; 
by 
substituting 
‘‘$1,000,000’’ 
for 
‘‘$1,312,000’’; and by substituting ‘‘$6,000,000’’ for 
‘‘$9,830,000’’. 
SEC. 1223. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Animal and Plant Health In-
spection Service, Salaries and Expenses’’ shall be 
$865,000,000: Provided, That the amounts included under 
such heading in Public Law 111–80 shall be applied to 
funds appropriated by this division by substituting
178 
‘‘$40,000,000’’ for ‘‘$60,243,000’’ and by substituting 
‘‘$21,000,000’’ for ‘‘$23,390,000’’. 
SEC. 1224. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Animal and Plant Health In-
spection Service, Buildings and Facilities’’ shall be 
$3,536,000. 
SEC. 1225. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Agricultural Marketing Serv-
ice, Marketing Services’’ shall be $86,711,000. 
SEC. 1226. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Agricultural Marketing Serv-
ice, Limitation on Administrative Expenses’’ shall be 
$60,947,000 (from fees collected). 
SEC. 1227. The amounts included under the heading 
‘‘Agricultural Programs, Agricultural Marketing Service, 
Funds for Strengthening Markets, Income, and Supply 
(Section 32)’’ in Public Law 111–80 shall be applied to 
funds appropriated by this division by substituting ‘‘$0’’ 
for ‘‘$10,000,000’’. 
SEC. 1228. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Grain Inspection, Packers 
and Stockyards Administration, Salaries and Expenses’’ 
shall be $40,342,000. 
SEC. 1229. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Grain Inspection, Packers
179 
and Stockyards Administration, Limitation on Inspection 
and Weighing Services Expenses’’ shall be $47,500,000 
(from fees collected). 
SEC. 1230. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Food Safety and Inspection 
Service’’ shall be $1,008,520,000: Provided, That the 
Food Safety and Inspection Service shall continue imple-
mentation of section 11016 of Public Law 110–246. 
SEC. 1231. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Farm Service Agency, Sala-
ries and Expenses’’ shall be $1,210,711,000. 
SEC. 1232. Notwithstanding Section 1101, the level 
for ‘‘Agricultural Programs, Farm Service Agency, State 
Mediation Grants’’ shall be $4,185,000. 
SEC. 1233. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Farm Service Agency, Grass-
roots Source Water Protection Program’’ shall be 
$4,250,000. 
SEC. 1234. The amounts included under the heading 
‘‘Agricultural Programs, Farm Service Agency, Agricul-
tural Credit Insurance Fund Program Account’’ in Public 
Law 111–80 shall be applied to funds appropriated by this 
division 
by 
substituting 
‘‘$1,975,000,000’’ 
for 
‘‘$2,150,000,000’’; by substituting ‘‘$475,000,000’’ for 
‘‘$650,000,000’’; by substituting ‘‘$2,572,343,000’’ for
180 
‘‘$2,670,000,000’’; by substituting ‘‘$122,343,000’’ for 
‘‘$170,000,000’’; by substituting ‘‘$950,000,000’’ for 
‘‘$1,000,000,000’’; 
by 
substituting 
‘‘$0’’ 
for 
‘‘$150,000,000’’; by substituting ‘‘$0’’ for ‘‘$75,000,000’’ 
the first and second place it appears; by substituting ‘‘$0’’ 
for ‘‘$10,000,000’’; by substituting ‘‘$38,570,000’’ for 
‘‘$32,070,000’’; 
by 
substituting 
‘‘$32,870,000’’ 
for 
‘‘$26,520,000’’; 
by 
substituting 
‘‘$5,700,000’’ 
for 
‘‘$5,550,000’’; 
by 
substituting 
‘‘$109,410,000’’ 
for 
‘‘$106,402,000’’; by substituting ‘‘$57,540,000’’ for 
‘‘$47,400,000’’; 
by 
substituting 
‘‘$34,950,000’’ 
for 
‘‘$35,100,000’’; 
by 
substituting 
‘‘$16,920,000’’ 
for 
‘‘$23,902,000’’; by substituting ‘‘$0’’ for ‘‘$1,065,000’’; 
by substituting ‘‘$0’’ for ‘‘$1,343,000’’; by substituting 
‘‘$0’’ 
for 
‘‘$278,000’’; 
by 
substituting 
‘‘$0’’ 
for 
‘‘$793,000’’; 
by 
substituting 
‘‘$313,508,000’’ 
for 
‘‘$321,093,000’’; and by substituting ‘‘$305,588,000’’ for 
‘‘$313,173,000’’. Funds appropriated by this division to 
such heading for farm ownership, operating, direct and 
guaranteed loans may be transferred among these pro-
grams: Provided, That the Secretary of Agriculture shall 
notify the Committees on Appropriations of the House of 
Representatives and the Senate at least 15 days in ad-
vance of any transfer.
181 
SEC. 1235. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Risk Management Agency’’ 
shall be $79,000,000. 
SEC. 1236. Notwithstanding section 1101, the level 
for ‘‘Conservation Programs, Natural Resources Con-
servation Service, Conservation Operations’’ shall be 
$872,247,000. 
SEC. 1237. Notwithstanding section 1101, the level 
for ‘‘Conservation Programs, Natural Resources Con-
servation Service, Watershed and Flood Prevention Oper-
ations’’ shall be $0. 
SEC. 1238. Notwithstanding section 1101, the level 
for ‘‘Conservation Programs, Natural Resources Con-
servation Service, Watershed Rehabilitation Program’’ 
shall be $18,000,000. 
SEC. 1239. Notwithstanding section 1101, the level 
for ‘‘Conservation Programs, Natural Resources Con-
servation Service, Resource Conservation and Develop-
ment’’ shall be $0. 
SEC. 1240. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Development, 
Salaries and Expenses’’ shall be $191,987,000. 
SEC. 1241. The amounts included under the heading 
‘‘Rural Development Programs, Rural Housing Service, 
Rural Housing Insurance Fund Program Account’’ in
182 
Public Law 111–80 for gross obligations for the principal 
amount of direct and guaranteed loans as authorized by 
title V of the Housing Act of 1949 shall be applied to 
funds appropriated by this division by substituting 
‘‘$25,121,406,000’’ for ‘‘$13,121,488,000’’; by sub-
stituting ‘‘$1,121,406,000’’ for ‘‘$1,121,488,000’’; by 
substituting ‘‘$24,000,000,000’’ for ‘‘$12,000,000,000’’; 
by substituting ‘‘$23,360,000’’ for ‘‘$34,412,000’’; by 
substituting ‘‘$30,960,000’’ for ‘‘$129,090,000’’; by sub-
stituting ‘‘$5,052,000’’ for ‘‘$5,045,000’’; and by sub-
stituting ‘‘$4,966,000’’ for ‘‘$4,970,000’’. 
SEC. 1242. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Housing Serv-
ice, Rural Housing Insurance Fund Program Account’’ for 
the cost of direct and guaranteed loans, including the cost 
of modifying loans, authorized by section 502 of the Hous-
ing Act of 1949 shall be $70,200,000: Provided, That the 
amounts included for such costs under such heading in 
Public Law 111–80 shall be applied to funds appropriated 
by this division by substituting ‘‘$70,200,000’’ for 
‘‘$40,710,000’’ in the case of direct loans and by sub-
stituting ‘‘$0’’ for ‘‘$172,800,000’’ in the case of unsub-
sidized guaranteed loans. 
SEC. 1243. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Housing Serv-
183 
ice, Rural Housing Insurance Fund Program Account’’ for 
the cost of repair, rehabilitation, and new construction of 
rental housing authorized by section 515 of the Housing 
Act of 1949 shall be $23,446,000. 
SEC. 1244. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Housing Serv-
ice, Rural Housing Insurance Fund Program Account’’ for 
the cost of multi-family housing guaranteed loans author-
ized by section 538 of the Housing Act of 1949 shall be 
$3,000,000. 
SEC. 1245. In addition to amounts otherwise appro-
priated or made available by this division, there is appro-
priated to the Secretary of Agriculture $288,000 for sec-
tion 523 self-help housing land development loans author-
ized by section 523 of the Housing Act of 1949 and 
$294,000 for site development loans authorized by section 
524 of such Act. 
SEC. 1246. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Housing Serv-
ice, Rural Housing Insurance Fund Program Account’’ for 
administrative expenses necessary to carry out the direct 
and guaranteed loan programs shall be $454,383,000. 
SEC. 1247. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Housing Serv-
ice, Rental Assistance Program’’ shall be $955,635,000:
184 
Provided, That the amounts included under such heading 
in Public Law 111–80 shall be applied to funds appro-
priated by this division by substituting ‘‘$0’’ for 
‘‘$5,958,000’’; and by substituting ‘‘$3,000,000’’ for 
‘‘$3,400,000’’. 
SEC. 1248. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Housing Serv-
ice, Multi-Family Housing Revitalization Program Ac-
count’’ shall be $30,000,000: Provided, That the amounts 
included under such heading in Public Law 111–80 shall 
be applied to funds appropriated by this division by sub-
stituting ‘‘$14,000,000’’ for ‘‘$16,400,000’’; by sub-
stituting ‘‘$15,000,000’’ for ‘‘$25,000,000’’; and by sub-
stituting ‘‘$1,000,000’’ for ‘‘$1,791,000’’. 
SEC. 1249. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Housing Serv-
ice, Mutual and Self-Help Housing Grants’’ shall be 
$37,000,000. 
SEC. 1250. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Housing Serv-
ice, 
Rural 
Housing 
Assistance 
Grants’’ 
shall 
be 
$40,400,000: Provided, That the amounts included under 
such heading in Public Law 111–80 shall be applied to 
funds 
appropriated 
by 
substituting 
‘‘$0’’ 
for 
‘‘$4,000,000’’.
185 
SEC. 1251. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Housing Serv-
ice, Rural Community Facilities Program Account’’ shall 
be $41,462,000: Provided, That the amounts included 
under such heading in Public Law 111–80 shall be applied 
to funds appropriated by this division by substituting 
‘‘$5,000,000’’ for ‘‘$6,256,000’’; and by substituting 
‘‘$7,000,000’’ for ‘‘$13,902,000’’. 
SEC. 1252. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Business–Coop-
erative Service, Rural Business Program Account’’ shall 
be $85,451,000. 
SEC. 1253. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Business–Coop-
erative Service, Rural Development Loan Fund Program 
Account’’ for the principal amount of direct loans as au-
thorized by Rural Development Loan Fund shall be 
$19,181,000; and for the cost of direct loans, $7,400,000. 
SEC. 1254. Notwithstanding section 1101, in connec-
tion with the ‘‘Rural Development Programs, Rural Busi-
ness–Cooperative Service, Rural Economic Development 
Loans Program Account’’, of the funds derived from inter-
est on the cushion of credit payments, as authorized by 
section 313 of the Rural Electrification Act of 1936,
186 
$207,000,000 shall not be obligated and $207,000,000 is 
rescinded. 
SEC. 1255. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Business–Coop-
erative Service, Rural Cooperative Development Grants’’ 
shall be $30,254,000: Provided, That the amounts in-
cluded under such heading in Public Law 111–80 shall 
be applied to funds appropriated by this division by sub-
stituting ‘‘$0’’ for ‘‘$300,000’’; by substituting ‘‘$0’’ for 
‘‘$2,800,000’’; and by substituting ‘‘$18,867,000’’ for 
‘‘$20,367,000’’. 
SEC. 1256. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Business–Coop-
erative Service, Rural Microenterprise Investment Pro-
gram Account’’ shall be $0. 
SEC. 1257. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Business–Coop-
erative Service, Rural Energy for America Program’’ shall 
be $5,000,000. 
SEC. 1258. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Utilities Serv-
ice, Rural Water and Waste Disposal Program Account’’ 
shall be $529,002,000: Provided, That the amounts in-
cluded under such heading in Public Law 111–80 shall
187 
be applied to funds appropriated by this division by sub-
stituting ‘‘$12,000,000’’ for ‘‘$17,500,000’’. 
SEC. 1259. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Utilities Serv-
ice, Rural Electrification and Telecommunications Loans 
Program Account’’ for the cost of guaranteed under-
writing loans pursuant to section 313A shall be $700,000: 
Provided, That, notwithstanding section 6106(b) of the 
Food, Conservation, and Energy Act of 2008, a guaran-
teed underwriting loan may not be issued until the Sec-
retary of Agriculture certifies to the Committees on Ap-
propriations of the House and Senate that the regulations 
governing the program fully implement the requirements 
of section 6106(a) of the Food, Conservation, and Energy 
Act of 2008. 
SEC. 1260. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Utilities Serv-
ice, Rural Electrification and Telecommunications Loans 
Program Account’’ for administrative expenses necessary 
to carry out the direct and guaranteed loan programs shall 
be $38,374,000. 
SEC. 1261. Notwithstanding section 1101, the level 
for ‘‘Rural Development Programs, Rural Utilities Serv-
ice, Distance Learning, Telemedicine, and Broadband 
Program’’ for the cost of grants for telemedicine and dis-
188 
tance learning services in rural areas, as authorized by 7 
U.S.C. 950aaa et seq. shall be $32,500,000. 
SEC. 1262. Notwithstanding section 1101, the level 
for ‘‘Rural Development, Rural Utilities Service, Distance 
Learning, Telemedicine, and Broadband Program’’ for the 
cost of broadband loans, as authorized by section 601 of 
the Rural Electrification Act shall be $22,320,000. In ad-
dition, $13,406,000, to remain available until expended, 
for a grant program to finance broadband transmission 
in rural areas eligible for Distance Learning and Tele-
medicine Program benefits authorized by 7 U.S.C. 
950aaa. 
SEC. 1263. Notwithstanding the section 1101, the 
level for ‘‘Domestic Food Programs, Food and Nutrition 
Service, Child Nutrition Programs’’ in Public Law 111– 
80 shall be applied to funds appropriated by this division 
by substituting ‘‘$0’’ for ‘‘$1,000,000’’ and by sub-
stituting ‘‘$0’’ for ‘‘$5,000,000’’, and shall be applied to 
funds made available under section 32 of the Act of Au-
gust 24, 1935 (7 U.S.C. 612c) by substituting 
‘‘$5,277,574,000’’ for ‘‘$6,747,877,000’’ and by sub-
stituting ‘‘$0’’ for ‘‘$242,022,000’’. 
SEC. 1264. Notwithstanding section 1101, the level 
for ‘‘Domestic Food Programs, Food and Nutrition Serv-
ice, Special Supplemental Nutrition Program for Women,
189 
Infants, and Children (WIC)’’ shall be $6,747,522,000: 
Provided, That the amounts included under such heading 
in Public Law 111–80 shall be applied to funds appro-
priated by this division by substituting ‘‘$35,000,000’’ for 
‘‘$60,000,000’’. 
SEC. 1265. Notwithstanding section 1101, the level 
for ‘‘Domestic Food Programs, Food and Nutrition Serv-
ice, 
Commodity 
Assistance 
Program’’, 
shall 
be 
$246,619,000, of which $176,049,000 shall be for the 
Commodity Supplemental Food Program: Provided, That 
the amounts included under such heading in Public Law 
111–80 shall be applied to funds appropriated by this divi-
sion by substituting ‘‘$0’’ for ‘‘$6,000,000’’. 
SEC. 1266. Notwithstanding section 1101, the level 
for ‘‘Foreign Assistance and Related Programs, Foreign 
Agricultural Service, Salaries and Expenses’’ shall be 
$186,000,000. 
SEC. 1267. Notwithstanding section 1101, the level 
for ‘‘Foreign Assistance and Related Programs, Foreign 
Agricultural Service, Food for Peace Title II Grants’’ shall 
be $1,500,000,000. 
SEC. 1268. Notwithstanding section 1101, the level 
for ‘‘Foreign Assistance and Related Programs, Foreign 
Agricultural Service, McGovern-Dole International Food
190 
for Education and Child Nutrition Program Grants’’ shall 
be $199,500,000. 
SEC. 1269. Notwithstanding section 1101, the level 
for ‘‘Related Agencies and Food and Drug Administra-
tion, Food and Drug Administration, Salaries and Ex-
penses’’ shall be $3,655,687,000: Provided, That of the 
amount provided under this heading, $667,057,000 shall 
be derived from prescription drug user fees authorized by 
section 736 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 379h), shall be credited to this account and 
remain available until expended, and shall not include any 
fees pursuant to paragraphs (2) and (3) of section 736(a) 
of such Act (21 U.S.C. 379h(a)(2) and (a)(3)) assessed 
for fiscal year 2012 but collected in fiscal year 2011; 
$61,860,000 shall be derived from medical device user fees 
authorized by section 738 of such Act (21 U.S.C. 379j), 
and shall be credited to this account and remain available 
until expended; $19,448,000 shall be derived from animal 
drug user fees authorized by section 740 of such Act (21 
U.S.C. 379j–12), and shall be credited to this account and 
remain available until expended; $5,397,000 shall be de-
rived from animal generic drug user fees authorized by 
section 741 of such Act (21 U.S.C. 379f), and shall be 
credited to this account and shall remain available until 
expended; and $450,000,000 shall be derived from tobacco
191 
product user fees authorized by section 919 of such Act 
(21 U.S.C. 387s) and shall be credited to this account and 
remain available until expended: Provided further, That in 
addition and notwithstanding any other provision under 
this heading, amounts collected for prescription drug user 
fees that exceed the fiscal year 2011 limitation are appro-
priated and shall be credited to this account and remain 
available until expended: Provided further, That fees de-
rived from prescription drug, medical device, animal drug, 
animal generic drug, and tobacco product assessments for 
fiscal year 2011 received during fiscal year 2011, includ-
ing any such fees assessed prior to fiscal year 2011 but 
credited for fiscal year 2011, shall be subject to the fiscal 
year 2011 limitations: Provided further, That none of 
these funds shall be used to develop, establish, or operate 
any program of user fees authorized by 31 U.S.C. 9701: 
Provided further, That of the total amount appropriated 
under this heading: (1) $837,358,000 shall be for the Cen-
ter for Food Safety and Applied Nutrition and related 
field activities in the Office of Regulatory Affairs; (2) 
$957,116,000 shall be for the Center for Drug Evaluation 
and Research and related field activities in the Office of 
Regulatory Affairs; (3) $325,647,000 shall be for the Cen-
ter for Biologics Evaluation and Research and for related 
field activities in the Office of Regulatory Affairs; (4)
192 
$161,730,000 shall be for the Center for Veterinary Medi-
cine and for related field activities in the Office of Regu-
latory Affairs; (5) $359,781,000 shall be for the Center 
for Devices and Radiological Health and for related field 
activities in the Office of Regulatory Affairs; (6) 
$60,664,000 shall be for the National Center for Toxi-
cological Research; (7) $421,463,000 shall be for the Cen-
ter for Tobacco Products and for related field activities 
in the Office of Regulatory Affairs; (8) not to exceed 
$136,239,000 shall be for Rent and Related activities, of 
which $41,951,000 is for White Oak Consolidation, other 
than the amounts paid to the General Services Adminis-
tration for rent; (9) not to exceed $183,048,000 shall be 
for payments to the General Services Administration for 
rent; and (10) $212,642,000 shall be for other activities, 
including the Office of the Commissioner of Food and 
Drugs; the Office of Foods; the Office of the Chief Sci-
entist; the Office of Policy, Planning and Budget; the Of-
fice of International Programs; the Office of Administra-
tion; and central services for these offices: Provided fur-
ther, That none of the funds made available under this 
heading shall be used to transfer funds under section 
770(n) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 379dd): Provided further, That not to exceed 
$25,000 of the amount provided under this heading shall