145 
HR 2219 RFS
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, 2012. 
SEC. 9003. Supervision and administration costs as-
sociated with a construction project funded with appro-
priations available for operation and maintenance, ‘‘Af-
ghanistan Infrastructure Fund’’ or the ‘‘Afghanistan Se-
curity Forces Fund’’ provided in this Act and executed 
in direct support of overseas contingency operations in Af-
ghanistan, may be obligated at the time a construction 
contract is awarded: Provided, That for the purpose of this 
section, supervision and administration costs include all 
in-house Government costs. 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase for use by military 
and civilian employees of the Department of Defense in 
the U. S. Central Command area of responsibility: (a) pas-
senger motor vehicles up to a limit of $75,000 per vehicle 
and (b) heavy and light armored vehicles for the physical 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
146 
HR 2219 RFS
security of personnel or for force protection purposes up 
to a limit of $250,000 per vehicle, notwithstanding price 
or other limitations applicable to the purchase of pas-
senger carrying vehicles. 
SEC. 9005. Not to exceed $400,000,000 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 Afghanistan 
to respond to urgent, small scale, humanitarian relief and 
reconstruction requirements within their areas of responsi-
bility: Provided, That each project (including any ancillary 
or related elements in connection with such project) exe-
cuted under this authority shall not exceed $20,000,000: 
Provided further, That not later than 45 days after the 
end of each fiscal year quarter, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port regarding the source of funds and the allocation and 
use of funds during that quarter that were made available 
pursuant to the authority provided in this section or under 
any other provision of law for the purposes described here-
in: Provided further, That, not later than 30 days after 
the end of each month, the Army shall submit to the con-
gressional defense committees monthly commitment, obli-
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
147 
HR 2219 RFS
gation, and expenditure data for the Commander’s Emer-
gency Response Program in Afghanistan: Provided further, 
That not less than 15 days before making funds available 
pursuant to the authority provided in this section or under 
any other provision of law for the purposes described here-
in for a project with a total anticipated cost for completion 
of $5,000,000 or more, the Secretary shall submit to the 
congressional defense committees a written notice con-
taining 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 
maintenance of any equipment or facilities to be pro-
vided through the proposed project. 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
148 
HR 2219 RFS
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. 
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 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
149 
HR 2219 RFS
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 Afghanistan Security 
Forces Fund, Afghanistan Infrastructure Fund, and Paki-
stan Counterinsurgency Fund on a project-by-project 
basis, for which the obligation of funds is anticipated dur-
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
150 
HR 2219 RFS
ing the 3-month period from such date, including esti-
mates 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 Afghanistan and Pakistan security forces, 
disaggregated by major program and sub-elements 
by force, arrayed by fiscal year. 
SEC. 9010. (a) FUNDING FOR OUTREACH AND RE-
INTEGRATION SERVICES UNDER YELLOW RIBBON RE-
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
151 
HR 2219 RFS
INTEGRATION PROGRAM.—Of the amounts appropriated 
or otherwise made available by title IX, up to $20,000,000 
may be available for outreach and reintegration services 
under the Yellow Ribbon Reintegration Program under 
section 582(h) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
125; 10 U.S.C. 10101 note). 
(b) SUPPLEMENT NOT SUPPLANT.—The amount 
made available by subsection (a) for the services described 
in that subsection is in addition to any other amounts 
available in this Act for such services. 
SEC. 9011. Funds made available in this title to the 
Department of Defense for operation and maintenance 
may be used to purchase items having an investment unit 
cost of not more than $250,000: Provided, That, upon 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. 
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 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
152 
HR 2219 RFS
in fiscal year 2012 to assist the commander of the United 
States Central Command in developing a link between 
United States military operations in Afghanistan under 
Operation Enduring Freedom and the economic elements 
of United States national power in order to reduce 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. From funds made available in this title 
to the Department of Defense for operation and mainte-
nance, up to $524,000,000 may be used by the Secretary 
of Defense, notwithstanding any other provision of law, 
to support the United States Government transition activi-
ties in Iraq by undertaking facilities renovation and con-
struction associated with establishing Office of Security 
Cooperation locations, at no more than ten sites, in Iraq: 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
153 
HR 2219 RFS
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. 9014. (a) Not more than 85 percent of the 
funds provided in this title for operation and maintenance 
may be available for obligation or expenditure until the 
date on which the Secretary of Defense submits the report 
under subsection (b). 
(b) Not later than 120 days after the date of the 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— 
(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 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
154 
HR 2219 RFS
(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. 9015. Of the amounts appropriated or trans-
ferred to the Pakistan Counterinsurgency Fund (hereafter 
in this subsection referred to as the ‘Fund’) for any fiscal 
year after fiscal year 2011— 
(1) not more than 25 percent of such amounts 
may be obligated or expended until such time as the 
Secretary of Defense, with the concurrence of the 
Secretary of State— 
(A) submits to the appropriate congres-
sional committees a report on the strategy to 
utilize the Fund and the metrics used to deter-
mine progress with respect to the Fund; and 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
155 
HR 2219 RFS
(B) notifies the appropriate congressional 
committees of the intent of the Secretary to ob-
ligate or expend amounts that are in excess of 
such 25 percent and a period of 30 days has 
elapsed following such notification. 
(2) Notwithstanding any other provision of law, 
none of the amounts described in the matter pre-
ceding paragraph (1) shall be available for re-
programming. 
(3) Such report shall include, at a minimum, 
the following: 
(A) A discussion of United States strategic 
objectives in Pakistan. 
(B) A listing of the terrorist or extremist 
organizations in Pakistan opposing United 
States goals in the region and against which 
the United States encourages Pakistan to take 
action. 
(C) A discussion of the gaps in capabilities 
of Pakistani security units that hamper the 
ability of the Government of Pakistan to take 
action against the organizations listed in sub-
paragraph (B). 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
156 
HR 2219 RFS
(D) A discussion of how assistance pro-
vided utilizing the Fund will address the gaps 
in capabilities listed in subparagraph (C). 
(E) A discussion of other efforts under-
taken by other United States Government de-
partments and agencies to address the gaps in 
capabilities listed in subparagraph (C) or com-
plementary activities of the Department of De-
fense and how those efforts are coordinated 
with the activities undertaken to utilize the 
Fund. 
(F) Metrics that will be used to track 
progress in achieving the United States stra-
tegic objectives in Pakistan, to track progress 
of the Government of Pakistan in combating 
the organizations listed in subparagraph (B), 
and to address the gaps in capabilities listed in 
subparagraph (C). 
SEC. 9016. (a) Not to exceed $176,575,000 from 
amounts made available to the Department of Defense in 
this Act or any other Act for fiscal year 2012 may be obli-
gated for information operations or military information 
support operations: Provided, That such amount is to be 
derived from the amounts provided in title IX of this Act 
for the following accounts in this title as follows: 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
157 
HR 2219 RFS
‘‘Operations 
and 
Maintenance, 
Army’’, 
$104,675,000. 
‘‘Operations 
and 
Maintenance, 
Navy’’, 
$1,200,000. 
‘‘Operations and Maintenance, Air Force’’, 
$20,400,000. 
‘‘Operations and Maintenance, Defense Wide’’, 
$50,300,000. 
(b) Such amounts are to be allocated only in accord-
ance with the direction and for the purposes specified in 
the classified annex accompanying this Act. 
(RESCISSIONS) 
SEC. 9017. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following account in the speci-
fied amount: 
‘‘Mine Resistant Ambush Protection Vehicle Fund’’, 
2011/2013, $595,000,000. 
TITLE X—ADDITIONAL GENERAL PROVISIONS 
SPENDING REDUCTION ACCOUNT 
SEC. 10001. The amount by which the applicable al-
location of new budget authority made by the Committee 
on Appropriations of the House of Representatives under 
section 302(b) of the Congressional Budget Act of 1974 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
158 
HR 2219 RFS
exceeds the amount of proposed new budget authority is 
$0. 
SEC. 10002. The total amount of appropriations 
made available by this Act is hereby reduced by 
$124,800,000. 
SEC. 10003. None of the funds made available by this 
Act may be used by the Department of Defense to furnish 
military equipment, military training or advice, or other 
support for military activities, to any group or individual, 
not part of a country’s armed forces, for the purpose of 
assisting that group or individual in carrying out military 
activities in or against Libya. 
SEC. 10004. None of the funds made available by this 
Act may be used in contravention of section 2533a of title 
10, United States Code (popularly known as the ‘‘Berry 
Amendment’’). 
SEC. 10005. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, or pro-
vide a loan or loan guarantee to, any United States com-
mercial air carrier if that contract, memorandum of un-
derstanding, cooperative agreement, loan, or loan guar-
antee allows the air carrier to charge baggage fees to any 
member of the Armed Forces who is traveling on official 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
159 
HR 2219 RFS
military orders and is being deployed overseas or is return-
ing from an overseas deployment. 
SEC. 10006. None of the funds made available by this 
Act may be used in contravention of section 1590 or 1591 
of title 18, United States Code, or in contravention of the 
requirements of section 106(g) or (h) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 
(h)). 
SEC. 10007. None of the funds in this Act may be 
used to procure air transportation from a commercial air 
carrier for a member of the Armed Forces who is traveling 
under orders to deploy to or return from an overseas con-
tingency operation under terms that allow the carrier to 
charge the member fees for checked baggage other than 
for bags weighing more than 80 pounds or bags in excess 
of 4 per individual. 
SEC. 10008. None of the funds made available by this 
Act may be used by the Department of Defense to lease 
or purchase new light duty vehicles, for any executive fleet, 
or for an agency’s fleet inventory, except in accordance 
with Presidential Memorandum-Federal Fleet Perform-
ance, dated May 24, 2011. 
SEC. 10009. None of the funds made available by this 
Act may be used to reduce the number of B–1 aircraft 
of the Armed Forces. 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
160 
HR 2219 RFS
SEC. 10010. None of the funds made available by this 
Act may be obligated or expended for assistance to the 
following entities: 
(1) The Government of Iran. 
(2) Hamas. 
(3) Hizbullah. 
(4) The Muslim Brotherhood. 
SEC. 10011. None of the funds made available by this 
Act may be used to enforce section 526 of the Energy 
Independence and Security Act of 2007 (Public Law 110– 
140; 42 U.S.C. 17142). 
SEC. 10012. None of the funds made available by this 
Act for international military education and training, for-
eign military financing, excess defense articles, assistance 
under section 1206 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3456), issuance for direct commercial sales of military 
equipment, or peacekeeping operations for the countries 
of Chad, Yemen, Somalia, Sudan, Democratic Republic of 
the Congo, and Burma may be used to support any mili-
tary training or operations that include child soldiers, as 
defined by the Child Soldiers Prevention Act of 2008, and 
except if such assistance is otherwise permitted under sec-
tion 404 of the Child Soldiers Prevention Act of 2008 
(Public Law 110–457; 22 U.S.C. 2370c–1). 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
161 
HR 2219 RFS
SEC. 10013. None of the funds made available by this 
Act may be used in contravention of section 7 of title 1, 
United States Code (the Defense of Marriage Act). 
SEC. 10014. None of the funds made available by this 
Act may be used in contravention of the War Powers Res-
olution (50 U.S.C. 1541 et seq.). 
SEC. 10015. None of the funds made available by this 
Act may be used to implement any rule, regulation, or ex-
ecutive order regarding the disclosure of political contribu-
tions that takes effect on or after the date of enactment 
of this Act. 
SEC. 10016. None of the funds made available in this 
Act may be used to enforce section 376 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109–163). 
SEC. 10017. None of the funds made available by this 
Act may be used for— 
(1) deploying members of the Armed Forces on 
to the ground of Libya for the purposes of engaging 
in military operations unless the purpose of such de-
ployment is limited solely to rescuing members of 
the United States Armed Forces; 
(2) awarding a contract to a private security 
contractor to conduct any activity on the ground of 
Libya; or 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
162 
HR 2219 RFS
(3) otherwise establishing or maintaining any 
presence of members of the Armed Forces or private 
security contractors on the ground of Libya unless 
the purpose of such deployment is limited solely to 
rescuing members of the United States Armed 
Forces. 
SEC. 10018. None of the funds made available by this 
Act may be used to research, develop, manufacture, or 
procure a newly designed flight suit or integrated aircrew 
ensemble. 
SEC. 10019. None of the funds made available by this 
Act may be used to enter into a contract that allows the 
contractor to use amounts paid to the contractor under 
such contract to pay a tax to the Afghan Ministry of Fi-
nance. 
SEC. 10020. None of the funds made available by this 
Act may be used to implement the curriculum of the Chap-
lain Corps Tier 1 DADT repeal training dated April 11, 
2011. 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS
163 
HR 2219 RFS
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2012’’. 
Passed the House of Representatives July 8, 2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Mar 15 2010 
22:31 Jul 11, 2011
Jkt 099200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H2219.RFS
H2219
emcdonald on DSK2BSOYB1PROD with BILLS