161 
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
162 
(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. 
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2012’’. 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for 
military functions administered by the Department of De-
fense and for other purposes, namely:
163 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Army on active 
duty, (except members of reserve components provided for 
elsewhere), cadets, and aviation cadets; for members of the 
Reserve Officers’ Training Corps; and for payments pursu-
ant to section 156 of Public Law 97–377, as amended (42 
U.S.C. 402 note), and to the Department of Defense Mili-
tary Retirement Fund, $43,291,009,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Navy on active 
duty (except members of the Reserve provided for elsewhere), 
midshipmen, and aviation cadets; for members of the Re-
serve Officers’ Training Corps; and for payments pursuant 
to section 156 of Public Law 97–377, as amended (42
164 
U.S.C. 402 note), and to the Department of Defense Mili-
tary Retirement Fund, $26,801,134,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Marine Corps 
on active duty (except members of the Reserve provided for 
elsewhere); and for payments pursuant to section 156 of 
Public Law 97–377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, 
$13,653,366,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Air Force on 
active duty (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of 
the Reserve Officers’ Training Corps; and for payments 
pursuant to section 156 of Public Law 97–377, as amended 
(42 U.S.C. 402 note), and to the Department of Defense 
Military Retirement Fund, $28,038,108,000.
165 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Re-
serve on active duty under sections 10211, 10302, and 3038 
of title 10, United States Code, or while serving on active 
duty under section 12301(d) of title 10, United States Code, 
in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty or other duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments 
to the Department of Defense Military Retirement Fund, 
$4,280,507,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10, United 
States Code, or while serving on active duty under section 
12301(d) of title 10, United States Code, in connection with 
performing duty specified in section 12310(a) of title 10, 
United States Code, or while undergoing reserve training, 
or while performing drills or equivalent duty, and expenses 
authorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military 
Retirement Fund, $1,933,544,000.
168 
or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United 
States Code; and for payments to the Department of Defense 
Military Retirement Fund, $3,087,129,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Army, as authorized 
by law; and not to exceed $12,478,000 can be used for emer-
gencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Army, and 
payments may be made on his certificate of necessity for 
confidential military purposes, $29,813,840,000. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Navy and the Marine 
Corps, as authorized by law; and not to exceed $15,055,000 
can be used for emergencies and extraordinary expenses, to 
be expended on the approval or authority of the Secretary 
of the Navy, and payments may be made on his certificate 
of 
necessity 
for 
confidential 
military 
purposes, 
$38,176,209,000.
169 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Marine Corps, as au-
thorized by law, $5,545,437,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Air Force, as author-
ized by law; and not to exceed $7,699,000 can be used for 
emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of the Air Force, 
and payments may be made on his certificate of necessity 
for confidential military purposes, $35,252,873,000. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of activities and agencies 
of the Department of Defense (other than the military de-
partments), as authorized by law, $30,450,742,000: Pro-
vided, That not more than $47,026,000 may be used for 
the Combatant Commander Initiative Fund authorized 
under section 166a of title 10, United States Code: Provided 
further, That not to exceed $40,000,000 can be used for 
emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of Defense, and 
payments may be made on his certificate of necessity for
170 
confidential military purposes: Provided further, That of 
the funds provided under this heading, not less than 
$34,311,000 shall be made available for the Procurement 
Technical Assistance Cooperative Agreement Program, of 
which not less than $3,600,000 shall be available for centers 
defined in 10 U.S.C. 2411(1)(D): Provided further, That 
none of the funds appropriated or otherwise made available 
by this Act may be used to plan or implement the consolida-
tion of a budget or appropriations liaison office of the Office 
of the Secretary of Defense, the office of the Secretary of 
a military department, or the service headquarters of one 
of the Armed Forces into a legislative affairs or legislative 
liaison office: Provided further, That $8,420,000, to remain 
available until expended, is available only for expenses re-
lating to certain classified activities, and may be trans-
ferred as necessary by the Secretary of Defense to operation 
and maintenance appropriations or research, development, 
test and evaluation appropriations, to be merged with and 
to be available for the same time period as the appropria-
tions to which transferred: Provided further, That any ceil-
ing on the investment item unit cost of items that may be 
purchased with operation and maintenance funds shall not 
apply to the funds described in the preceding proviso: Pro-
vided further, That the transfer authority provided under
171 
this heading is in addition to any other transfer authority 
provided elsewhere in this Act. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
zation, and administration, of the Army Reserve; repair of 
facilities and equipment; hire of passenger motor vehicles; 
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $3,092,176,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
zation, and administration, of the Navy Reserve; repair of 
facilities and equipment; hire of passenger motor vehicles; 
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $1,305,134,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
zation, and administration, of the Marine Corps Reserve; 
repair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; recruit-
172 
ing; procurement of services, supplies, and equipment; and 
communications, $271,443,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
zation, and administration, of the Air Force Reserve; repair 
of facilities and equipment; hire of passenger motor vehicles; 
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $3,274,359,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and 
hospital treatment and related expenses in non-Federal hos-
pitals; maintenance, operation, and repairs to structures 
and facilities; hire of passenger motor vehicles; personnel 
services in the National Guard Bureau; travel expenses 
(other than mileage), as authorized by law for Army per-
sonnel on active duty, for Army National Guard division, 
regimental, and battalion commanders while inspecting 
units in compliance with National Guard Bureau regula-
tions when specifically authorized by the Chief, National 
Guard Bureau; supplying and equipping the Army Na-
tional Guard as authorized by law; and expenses of repair,
173 
modification, maintenance, and issue of supplies and 
equipment (including aircraft), $6,949,932,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For expenses of training, organizing, and admin-
istering the Air National Guard, including medical and 
hospital treatment and related expenses in non-Federal hos-
pitals; maintenance, operation, and repairs to structures 
and facilities; transportation of things, hire of passenger 
motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modifica-
tion, maintenance, and issue of supplies and equipment, 
including those furnished from stocks under the control of 
agencies of the Department of Defense; travel expenses (other 
than mileage) on the same basis as authorized by law for 
Air National Guard personnel on active Federal duty, for 
Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when 
specifically authorized by the Chief, National Guard Bu-
reau, $6,094,780,000. 
UNITED STATES COURT OF APPEALS FOR THE ARMED 
FORCES 
For salaries and expenses necessary for the United 
States Court of Appeals for the Armed Forces, $13,861,000, 
of which not to exceed $5,000 may be used for official rep-
resentation purposes.
174 
ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $346,031,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds 
are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar 
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of the Army, to be merged with and to be available 
for the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred 
back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addi-
tion to any other transfer authority provided elsewhere in 
this Act. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Navy, $308,668,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such funds
175 
are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar 
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of the Navy, to be merged with and to be available 
for the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred 
back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addi-
tion to any other transfer authority provided elsewhere in 
this Act. 
ENVIRONMENTAL RESTORATION, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $525,453,000, 
to remain available until transferred: Provided, That the 
Secretary of the Air Force shall, upon determining that 
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of unsafe 
buildings and debris of the Department of the Air Force, 
or for similar purposes, transfer the funds made available 
by this appropriation to other appropriations made avail-
176 
able to the Department of the Air Force, to be merged with 
and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: 
Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer au-
thority provided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense, $10,716,000, to remain 
available until transferred: Provided, That the Secretary of 
Defense shall, upon determining that such funds are re-
quired for environmental restoration, reduction and recy-
cling of hazardous waste, removal of unsafe buildings and 
debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to 
other appropriations made available to the Department of 
Defense, to be merged with and to be available for the same 
purposes and for the same time period as the appropria-
tions to which transferred: Provided further, That upon a 
determination that all or part of the funds transferred from 
this appropriation are not necessary for the purposes pro-
177 
vided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer author-
ity provided under this heading is in addition to any other 
transfer authority provided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, FORMERLY USED 
DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $326,495,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds 
are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of De-
fense, transfer the funds made available by this appropria-
tion to other appropriations made available to the Depart-
ment of the Army, to be merged with and to be available 
for the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred 
back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addi-
tion to any other transfer authority provided elsewhere in 
this Act.
178 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, 
Disaster, and Civic Aid programs of the Department of De-
fense (consisting of the programs provided under sections 
401, 402, 404, 407, 2557, and 2561 of title 10, United 
States Code), $107,662,000, to remain available until Sep-
tember 30, 2013. 
COOPERATIVE THREAT REDUCTION ACCOUNT 
For assistance to the republics of the former Soviet 
Union and, with appropriate authorization by the Depart-
ment of Defense and Department of State, to countries out-
side of the former Soviet Union, including assistance pro-
vided by contract or by grants, for facilitating the elimi-
nation and the safe and secure transportation and storage 
of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons 
components, and weapon-related technology and expertise; 
for programs relating to the training and support of defense 
and military personnel for demilitarization and protection 
of weapons, weapons components and weapons technology 
and expertise, and for defense and military contacts, 
$508,219,000, to remain available until September 30, 
2014: Provided, That of the amounts provided under this 
heading, not less than $13,500,000 shall be available only 
to support the dismantling and disposal of nuclear sub-
179 
marines, submarine reactor components, and security en-
hancements for transport and storage of nuclear warheads 
in the Russian Far East and North. 
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 
DEVELOPMENT FUND 
For the Department of Defense Acquisition Workforce 
Development Fund, $175,501,000. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$5,410,334,000, to remain available for obligation until 
September 30, 2014.
180 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including 
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$1,461,223,000, to remain available for obligation until 
September 30, 2014. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For construction, procurement, production, and modi-
fication of weapons and tracked combat vehicles, equipment, 
including ordnance, spare parts, and accessories therefor; 
specialized equipment and training devices; expansion of 
public and private plants, including the land necessary 
therefor, for the foregoing purposes, and such lands and in-
terests therein, may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement
181 
and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes, 
$1,964,061,000, to remain available for obligation until 
September 30, 2014. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized 
equipment and training devices; expansion of public and 
private plants, including ammunition facilities, authorized 
by section 2854 of title 10, United States Code, and the 
land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$1,876,724,000, to remain available for obligation until 
September 30, 2014. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modi-
fication of vehicles, including tactical, support, and non- 
tracked combat vehicles; the purchase of passenger motor ve-
182 
hicles for replacement only; communications and electronic 
equipment; other support equipment; spare parts, ordnance, 
and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including 
the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing 
purposes, $6,511,961,000, to remain available for obligation 
until September 30, 2014. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and in-
stallation of equipment, appliances, and machine tools in 
public and private plants; reserve plant and Government 
and 
contractor-owned 
equipment 
layaway,
183 
$17,591,566,000, to remain available for obligation until 
September 30, 2014. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, and related support equipment including spare parts, 
and accessories therefor; expansion of public and private 
plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway, 
$3,281,432,000, to remain available for obligation until 
September 30, 2014. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized 
equipment and training devices; expansion of public and 
private plants, including ammunition facilities, authorized 
by section 2854 of title 10, United States Code, and the 
land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
184 
curement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$689,751,000, to remain available for obligation until Sep-
tember 30, 2014. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public 
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical, 
long lead time components and designs for vessels to be con-
structed or converted in the future; and expansion of public 
and private plants, including land necessary therefor, and 
such lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title, as 
follows: 
Carrier 
Replacement 
Program 
(AP), 
$554,798,000; 
Virginia Class Submarine, $3,232,215,000; 
Virginia Class Submarine (AP), $1,524,761,000; 
CVN Refuelings (AP), $529,652,000; 
DDG–1000 Program, $453,727,000;
185 
DDG–51 Destroyer, $1,980,709,000; 
DDG–51 Destroyer (AP), $100,723,000; 
Littoral Combat Ship, $1,802,093,000; 
LPD–17, $1,847,444,000; 
LHA–R, $2,018,691,000; 
Joint High Speed Vessel, $370,206,000; 
Oceanographic Ships, $89,000,000; 
Moored Training Ship, $155,200,000; 
LCAC 
Service 
Life 
Extension 
Program, 
$84,076,000; 
Service Craft, $3,863,000; and 
For outfitting, post delivery, conversions, and 
first destination transportation, $292,871,000. 
Completion of Prior Year Shipbuilding Pro-
grams, $73,992,000. 
In all: $15,114,021,000, to remain available for obliga-
tion until September 30, 2016: Provided, That additional 
obligations may be incurred after September 30, 2016, for 
engineering services, tests, evaluations, and other such budg-
eted work that must be performed in the final stage of ship 
construction: Provided further, That none of the funds pro-
vided under this heading for the construction or conversion 
of any naval vessel to be constructed in shipyards in the 
United States shall be expended in foreign facilities for the 
construction of major components of such vessel: Provided
186 
further, That none of the funds provided under this heading 
shall be used for the construction of any naval vessel in 
foreign shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of 
support equipment and materials not otherwise provided 
for, Navy ordnance (except ordnance for new aircraft, new 
ships, and ships authorized for conversion); the purchase 
of passenger motor vehicles for replacement only; expansion 
of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-owned 
equipment layaway, $6,135,465,000, to remain available 
for obligation until September 30, 2014. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufac-
ture, and modification of missiles, armament, military 
equipment, spare parts, and accessories therefor; plant 
equipment, appliances, and machine tools, and installation 
thereof in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of passenger
187 
motor vehicles for replacement only; and expansion of pub-
lic and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, 
$1,377,570,000, to remain available for obligation until 
September 30, 2014. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
aircraft and equipment, including armor and armament, 
specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, Govern-
ment-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior 
to approval of title; reserve plant and Government and con-
tractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes including rents and trans-
portation of things, $12,174,885,000, to remain available 
for obligation until September 30, 2014. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
missiles, spacecraft, rockets, and related equipment, includ-
ing spare parts and accessories therefor, ground handling
188 
equipment, and training devices; expansion of public and 
private plants, Government-owned equipment and installa-
tion thereof in such plants, erection of structures, and ac-
quisition of land, for the foregoing purposes, and such lands 
and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes in-
cluding rents and transportation of things, $5,924,017,000, 
to remain available for obligation until September 30, 
2014. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized 
equipment and training devices; expansion of public and 
private plants, including ammunition facilities, authorized 
by section 2854 of title 10, United States Code, and the 
land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes,
189 
$485,005,000, to remain available for obligation until Sep-
tember 30, 2014. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment, 
and ground electronic and communication equipment), and 
supplies, materials, and spare parts therefor, not otherwise 
provided for; the purchase of passenger motor vehicles for 
replacement only; lease of passenger motor vehicles; and ex-
pansion of public and private plants, Government-owned 
equipment and installation thereof in such plants, erection 
of structures, and acquisition of land, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon, prior to ap-
proval of title; reserve plant and Government and con-
tractor-owned equipment layaway, $17,376,695,000, to re-
main available for obligation until September 30, 2014. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) nec-
essary for procurement, production, and modification of 
equipment, supplies, materials, and spare parts therefor, 
not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only; expansion of public and pri-
vate plants, equipment, and installation thereof in such
190 
plants, erection of structures, and acquisition of land for 
the foregoing purposes, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior 
to approval of title; reserve plant and Government and con-
tractor-owned equipment layaway, $4,573,608,000, to re-
main available for obligation until September 30, 2014. 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant 
to sections 108, 301, 302, and 303 of the Defense Production 
Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 
$169,964,000, to remain available until expended. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities 
and equipment, $8,311,011,000, to remain available for ob-
ligation until September 30, 2013. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities 
and equipment, $17,406,689,000, to remain available for
191 
obligation until September 30, 2013: Provided, That funds 
appropriated in this paragraph which are available for the 
V–22 may be used to meet unique operational requirements 
of the Special Operations Forces: Provided further, That 
funds appropriated in this paragraph shall be available for 
the Cobra Judy program. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR 
FORCE 
For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities 
and equipment, $26,007,694,000, to remain available for 
obligation until September 30, 2013. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), nec-
essary for basic and applied scientific research, develop-
ment, test and evaluation; advanced research projects as 
may be designated and determined by the Secretary of De-
fense, pursuant to law; maintenance, rehabilitation, lease, 
and operation of facilities and equipment, $19,117,270,000, 
to remain available for obligation until September 30, 
2013: Provided, That of the funds made available in this
192 
paragraph, $200,000,000 for the Defense Rapid Innovation 
Program shall only be available for expenses, not otherwise 
provided for, to include program management and over-
sight, to conduct research, development, test and evaluation 
to include proof of concept demonstration; engineering, test-
ing, and validation; and transition to full-scale production: 
Provided further, That the Secretary of Defense may trans-
fer funds provided herein for the Defense Rapid Innovation 
Program to appropriations for research, development, test 
and evaluation to accomplish the purpose provided herein: 
Provided further, That this transfer authority is in addi-
tion to any other transfer authority available to the Depart-
ment of Defense: Provided further, That the Secretary of 
Defense shall, not fewer than 30 days prior to making 
transfers from this appropriation, notify the congressional 
defense committees in writing of the details of any such 
transfer. 
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 oper-
ational test and evaluation, including initial operational 
test and evaluation which is conducted prior to, and in sup-
port of, production decisions; joint operational testing and 
evaluation; and administrative expenses in connection
193 
therewith, $191,292,000, to remain available for obligation 
until September 30, 2013. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For 
the 
Defense 
Working 
Capital 
Funds, 
$1,562,010,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, projects, 
and activities, and for expenses of the National Defense Re-
serve 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, $700,519,000, to remain available until ex-
pended: Provided, That none of the funds provided in this 
paragraph shall be used to award a new contract that pro-
vides for the acquisition of any of the following major com-
ponents unless such components are manufactured in the 
United States: auxiliary equipment, including pumps, for 
all shipboard services; propulsion system components (en-
gines, reduction gears, and propellers); shipboard cranes; 
and spreaders for shipboard cranes: Provided further, That 
the exercise of an option in a contract awarded through the 
obligation of previously appropriated funds shall not be
194 
considered to be the award of a new contract: Provided fur-
ther, That the Secretary of the military department respon-
sible for such procurement may waive the restrictions in 
the first proviso on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic 
supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition 
must be made in order to acquire capability for national 
security purposes. 
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical 
and health care programs of the Department of Defense as 
authorized 
by 
law, 
$32,536,070,000; 
of 
which 
$30,885,846,000 shall be for operation and maintenance, of 
which not to exceed 1 percent shall remain available until 
September 30, 2013, and of which up to $16,842,141,000 
may be available for contracts entered into under the 
TRICARE program; of which $632,518,000, to remain 
available for obligation until September 30, 2014, shall be 
for procurement; and of which $1,017,706,000, to remain 
available for obligation until September 30, 2013, shall be 
for research, development, test and evaluation.
195 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE 
For expenses, not otherwise provided for, necessary for 
the destruction of the United States stockpile of lethal chem-
ical agents and munitions, to include construction of facili-
ties, in accordance with the provisions of section 1412 of 
the Department of Defense Authorization Act, 1986 (50 
U.S.C. 1521), and for the destruction of other chemical war-
fare materials that are not in the chemical weapon stock-
pile, $1,554,422,000, of which $1,147,691,000 shall be for 
operation and maintenance, of which no less than 
$71,211,000, shall be for the Chemical Stockpile Emergency 
Preparedness Program, consisting of $19,211,000 for activi-
ties on military installations and $52,000,000, to remain 
available until September 30, 2013, to assist State and local 
governments and $406,731,000, to remain available until 
September 30, 2013, shall be for research, development, test 
and evaluation, of which $401,768,000 shall only be for the 
Assembled Chemical Weapons Alternatives (ACWA) pro-
gram. 
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
196 
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, $1,205,072,000: Provided, 
That the funds appropriated under this heading shall be 
available for obligation for the same time period and for 
the same purpose as the appropriation to which transferred: 
Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer au-
thority contained elsewhere in this Act. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspec-
tor General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, $332,919,000, of which 
$327,419,000 shall be for operation and maintenance, of 
which not to exceed $700,000 is available for emergencies 
and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may 
be made on the Inspector General’s certificate of necessity 
for confidential military purposes; of which $1,000,000, to
197 
remain available until September 30, 2014, shall be for pro-
curement; and of which $4,500,000, to remain available 
until September 30, 2013, shall be for research, develop-
ment, testing, and evaluation. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM FUND 
For payment to the Central Intelligence Agency Retire-
ment and Disability System Fund, to maintain the proper 
funding level for continuing the operation of the Central 
Intelligence Agency Retirement and Disability System, 
$513,700,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For necessary expenses of the Intelligence Community 
Management Account, $593,713,000. 
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:
198 
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 com-
puted under the provisions of section 5332 of title 5, United 
States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employ-
ees, whichever is higher: Provided further, That this section 
shall not apply to Department of Defense foreign service 
national employees serving at United States diplomatic 
missions whose pay is set by the Department of State under 
the Foreign Service Act of 1980: Provided further, That the 
limitations of this provision shall not apply to foreign na-
tional employees of the Department of Defense in the Re-
public 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 appropria-
tions in this Act which are limited for obligation during 
the current fiscal year shall be obligated during the last 2 
months of the fiscal year: Provided, That this section shall 
not apply to obligations for support of active duty training
199 
of reserve components or summer camp training of the Re-
serve 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 Management 
and Budget, transfer not to exceed $3,000,000,000 of work-
ing capital funds of the Department of Defense or funds 
made available in this Act to the Department of Defense 
for military functions (except military construction) be-
tween 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 appropria-
tion or fund to which transferred: Provided, That such au-
thority to transfer may not be used 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 funds are requested has been de-
nied by the Congress: Provided further, That the Secretary 
of Defense shall notify the Congress promptly of all transfers 
made pursuant to this authority or any other authority in 
this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request 
to the Committees on Appropriations for reprogramming 
of funds, unless for higher priority items, based on unfore-
200 
seen military requirements, than those for which originally 
appropriated and in no case where the item for which re-
programming is requested has been denied by the Congress: 
Provided 
further, 
That 
a 
request 
for 
multiple 
reprogrammings of funds using authority provided in this 
section shall be made prior to June 30, 2012: Provided fur-
ther, That transfers among military personnel appropria-
tions 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 pro-
grams, projects, and activities) contained in the tables titled 
‘‘Explanation of Project Level Adjustments’’ in the explana-
tory statement regarding this Act, the obligation and ex-
penditure of amounts appropriated or otherwise made 
available in this Act for those programs, projects, and ac-
tivities for which the amounts appropriated exceed the 
amounts requested are hereby required by law to be carried 
out in the manner provided by such tables to the same ex-
tent as if the tables were included in the text of this Act. 
(b) Amounts specified in the referenced tables described 
in subsection (a) shall not be treated as subdivisions of ap-
propriations for purposes of section 8005 of this Act: Pro-
201 
vided, That section 8005 shall apply when transfers of the 
amounts described in subsection (a) occur between appro-
priation accounts. 
SEC. 8007. (a) Not later than 60 days after enactment 
of this Act, the Department of Defense shall submit a report 
to the congressional defense committees to establish the base-
line for application of reprogramming and transfer au-
thorities for fiscal year 2012: Provided, That the report 
shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) a delineation in the table for each appropria-
tion both by budget activity and program, project, 
and activity as detailed in the Budget Appendix; 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 re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional defense commit-
tees, unless the Secretary of Defense certifies in writing to
202 
the congressional defense committees that such reprogram-
ming 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 disbursements to be made 
from such funds: Provided, That transfers may be made be-
tween such funds: Provided further, That transfers may be 
made between working capital funds and the ‘‘Foreign Cur-
rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
ation and Maintenance’’ appropriation accounts in such 
amounts as may be determined by the Secretary of Defense, 
with the approval of the Office of Management and Budget, 
except that such transfers may not be made unless the Sec-
retary of Defense has notified the Congress of the proposed 
transfer. Except in amounts equal to the amounts appro-
priated 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, un-
less the Secretary of Defense has notified the Congress prior 
to any such obligation. 
SEC. 8009. Funds appropriated by this Act may not 
be used to initiate a special access program without prior
203 
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 em-
ploys economic order quantity procurement in excess of 
$20,000,000 in any one year of the contract or that includes 
an unfunded contingent liability in excess of $20,000,000; 
or (2) a contract for advance procurement leading to a 
multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any one year, un-
less the congressional defense committees have been notified 
at least 30 days in advance of the proposed contract award: 
Provided, That no part of any appropriation contained in 
this Act shall be available to initiate a multiyear contract 
for which the economic order quantity advance procurement 
is not funded at least to the limits of the Government’s li-
ability: Provided further, That no part of any appropria-
tion contained in this Act shall be available to initiate 
multiyear procurement contracts for any systems or compo-
nent thereof if the value of the multiyear contract would 
exceed $500,000,000 unless specifically provided in this Act: 
Provided further, That no multiyear procurement contract 
can be terminated without 10-day prior notification to the 
congressional defense committees: Provided further, That the 
execution of multiyear authority shall require the use of a
204 
present value analysis to determine lowest cost compared 
to an annual procurement: Provided further, That none of 
the funds provided in this Act may be used for a multiyear 
contract executed after the date of the enactment of this Act 
unless in the case of any such contract— 
(1) the Secretary of Defense has submitted to 
Congress a budget request for full funding of units to 
be procured through the contract and, in the case of 
a contract for procurement of aircraft, that includes, 
for any aircraft unit to be procured through the con-
tract for which procurement funds are requested in 
that budget request for production beyond advance 
procurement activities in the fiscal year covered by 
the budget, full funding of procurement of such unit 
in that fiscal year; 
(2) cancellation provisions in the contract do not 
include consideration of recurring manufacturing 
costs of the contractor associated with the production 
of unfunded units to be delivered under the contract; 
(3) the contract provides that payments to the 
contractor under the contract shall not be made in 
advance of incurred costs on funded units; and 
(4) the contract does not provide for a price ad-
justment based on a failure to award a follow-on con-
tract.
205 
Funds appropriated in title III of this Act may be 
used for a multiyear procurement contract as follows: 
UH–60M/HH–60M and MH–60R/MH–60S Heli-
copter Airframes; and MH–60R/S Mission Avionics and 
Common Cockpits. 
SEC. 8011. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by appropriated pursuant to section 401 of title 10, United 
States Code, for humanitarian and civic assistance costs 
under chapter 20 of title 10, United States Code. Such funds 
may also be obligated for humanitarian and civic assist-
ance costs incidental to authorized operations and pursuant 
to authority granted in section 401 of chapter 20 of title 
10, United States Code, and these obligations shall be re-
ported as required by section 401(d) of title 10, United 
States Code: Provided, That funds available for operation 
and maintenance shall be available for providing humani-
tarian and similar assistance by using Civic Action Teams 
in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact 
of Free Association as authorized by Public Law 99–239: 
Provided further, That upon a determination by the Sec-
retary of the Army that such action is beneficial for grad-
uate medical education programs conducted at Army med-
ical facilities located in Hawaii, the Secretary of the Army
206 
may authorize the provision of medical services at such fa-
cilities and transportation to such facilities, on a nonreim-
bursable basis, for civilian patients from American Samoa, 
the Commonwealth of the Northern Mariana Islands, the 
Marshall Islands, the Federated States of Micronesia, 
Palau, and Guam. 
SEC. 8012. (a) During fiscal year 2012, the civilian 
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the management 
of such personnel during that fiscal year shall not be subject 
to any constraint or limitation (known as an end-strength) 
on the number of such personnel who may be employed on 
the last day of such fiscal year. 
(b) The fiscal year 2013 budget request for the Depart-
ment of Defense as well as all justification material and 
other documentation supporting the fiscal year 2013 De-
partment of Defense budget request shall be prepared and 
submitted to the Congress as if subsections (a) and (b) of 
this provision were effective with regard to fiscal year 2013. 
(c) Nothing in this section shall be construed to apply 
to military (civilian) technicians. 
SEC. 8013. None of the funds made available by this 
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress.
207 
SEC. 8014. None of the funds appropriated by this Act 
shall be available for the basic pay and allowances of any 
member of the Army participating as a full-time student 
and receiving benefits paid by the Secretary of Veterans Af-
fairs from the Department of Defense Education Benefits 
Fund when time spent as a full-time student is credited 
toward completion of a service commitment: Provided, That 
this section shall not apply to those members who have reen-
listed with this option prior to October 1, 1987: Provided 
further, That this section applies only to active components 
of the Army. 
(TRANSFER OF FUNDS) 
SEC. 8015. 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 agree-
ment pursuant to section 831 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101–510; 
10 U.S.C. 2302 note), as amended, under the authority of 
this provision or any other transfer authority contained in 
this Act. 
SEC. 8016. None of the funds in this Act may be avail-
able for the purchase by the Department of Defense (and 
its departments and agencies) of welded shipboard anchor
208 
and mooring chain 4 inches in diameter and under unless 
the anchor and mooring chain are manufactured in the 
United States from components which are substantially 
manufactured in the United States: Provided, That for the 
purpose of this section, the term ‘‘manufactured’’ shall in-
clude cutting, heat treating, quality control, testing of chain 
and welding (including the forging and shot blasting proc-
ess): Provided further, That for the purpose of this section 
substantially all of the components of anchor and mooring 
chain shall be considered to be produced or manufactured 
in the United States if the aggregate cost of the components 
produced or manufactured in the United States exceeds the 
aggregate cost of the components produced or manufactured 
outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis, the Sec-
retary of the service responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying 
in writing to the Committees on Appropriations that such 
an acquisition must be made in order to acquire capability 
for national security purposes. 
SEC. 8017. None of the funds available to the Depart-
ment of Defense may be used to demilitarize or dispose of 
M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 
rifles, .30 caliber rifles, or M–1911 pistols, or to demili-
209 
tarize or destroy small arms ammunition or ammunition 
components that are not otherwise prohibited from commer-
cial sale under Federal law, unless the small arms ammuni-
tion or ammunition components are certified by the Sec-
retary of the Army or designee as unserviceable or unsafe 
for further use. 
SEC. 8018. No more than $500,000 of the funds appro-
priated or made available in this Act shall be used during 
a single fiscal year for any single relocation of an organiza-
tion, unit, activity or function of the Department of Defense 
into or within the National Capital Region: Provided, That 
the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congres-
sional defense committees that such a relocation is required 
in the best interest of the Government. 
SEC. 8019. In addition to the funds provided elsewhere 
in this Act, $15,000,000 is appropriated only for incentive 
payments authorized by section 504 of the Indian Financ-
ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
contractor or a subcontractor at any tier that makes a sub-
contract 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 individ-
uals defined under section 4221(9) of title 25, United States 
Code, shall be considered a contractor for the purposes of
210 
being allowed additional compensation under section 504 
of the Indian Financing Act of 1974 (25 U.S.C. 1544) 
whenever the prime contract or subcontract amount is over 
$500,000 and involves the expenditure of funds appro-
priated by an Act making Appropriations for the Depart-
ment 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 acquisition of supplies or services, 
including any contract and any subcontract at any tier for 
acquisition of commercial items produced or manufactured, 
in whole or in part, by any subcontractor or supplier de-
fined in section 1544 of title 25, United States Code, or 
a small business owned and controlled by an individual or 
individuals defined under section 4221(9) of title 25, 
United States Code. 
SEC. 8020. Funds appropriated by this Act for the De-
fense Media Activity shall not be used for any national or 
international political or psychological activities. 
SEC. 8021. During the current fiscal year, the Depart-
ment of Defense is authorized to incur obligations of not 
to exceed $350,000,000 for purposes specified in section 
2350j(c) of title 10, United States Code, in anticipation of 
receipt of contributions, only from the Government of Ku-
wait, under that section: Provided, That upon receipt, such
211 
contributions from the Government of Kuwait shall be cred-
ited to the appropriations or fund which incurred such obli-
gations. 
SEC. 8022. (a) Of the funds made available in this 
Act, not less than $37,745,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
(1) $27,838,000 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) $8,990,000 shall be available from ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $917,000 shall be available from ‘‘Other Pro-
curement, 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. 8023. (a) None of the funds appropriated in this 
Act are available to establish a new Department of Defense 
(department) federally funded research and development 
center (FFRDC), either as a new entity, or as a separate 
entity administrated by an organization managing another 
FFRDC, or as a nonprofit membership corporation con-
212 
sisting of a consortium of other FFRDCs and other non-
profit entities. 
(b) No member of a Board of Directors, Trustees, Over-
seers, Advisory Group, Special Issues Panel, Visiting Com-
mittee, or any similar entity of a defense FFRDC, and no 
paid consultant to any defense FFRDC, except when acting 
in a technical advisory capacity, may be compensated for 
his or her services as a member of such entity, or as a paid 
consultant by more than one FFRDC in a fiscal year: Pro-
vided, That a member of any such entity referred to pre-
viously in this subsection shall be allowed travel expenses 
and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of member-
ship duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to the department from any source 
during fiscal year 2012 may be used by a defense FFRDC, 
through a fee or other payment mechanism, for construction 
of new buildings, for payment of cost sharing for projects 
funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to in-
clude employee participation in community service and/or 
development. 
(d) Notwithstanding any other provision of law, of the 
funds available to the department during fiscal year 2012,
213 
not more than 5,750 staff years of technical effort (staff 
years) may be funded for defense FFRDCs: Provided, That 
of the specific amount referred to previously in this sub-
section, 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 Mili-
tary Intelligence Program (MIP). 
(e) The Secretary of Defense shall, with the submission 
of the department’s fiscal year 2013 budget request, submit 
a report presenting the specific amounts of staff years of 
technical effort to be allocated for each defense FFRDC dur-
ing 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 $150,245,000. 
SEC. 8024. 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 facil-
ity or property under the control of the Department of De-
fense which were not melted and rolled in the United States 
or Canada: Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, 
American Society of Testing and Materials (ASTM) or 
American Iron and Steel Institute (AISI) specifications of
214 
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 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: Provided further, 
That these restrictions shall not apply to contracts which 
are in being as of the date of the enactment of this Act. 
SEC. 8025. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the Armed Services 
Committee of the House of Representatives, the Armed Serv-
ices Committee of the Senate, the Subcommittee on Defense 
of the Committee on Appropriations of the Senate, and the 
Subcommittee on Defense of the Committee on Appropria-
tions of the House of Representatives. 
SEC. 8026. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well 
as the production of components and other Defense-related 
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military
215 
department or Defense Agency concerned, with power of del-
egation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and 
private bids: Provided further, That Office of Management 
and Budget Circular A–76 shall not apply to competitions 
conducted under this section. 
SEC. 8027. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment described in paragraph (2) has violated the terms of 
the agreement by discriminating against certain types of 
products produced in the United States that are covered by 
the agreement, the Secretary of Defense shall rescind the 
Secretary’s blanket waiver of the Buy American Act with 
respect to such types of products produced in that foreign 
country. 
(2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of 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 pur-
chases from foreign entities in fiscal year 2012. Such report
216 
shall separately indicate the dollar value of items for which 
the Buy American Act was waived pursuant to any agree-
ment 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 Amer-
ican Act’’ means chapter 83 of title 41, United States Code. 
SEC. 8028. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by section 
2921(c)(1) of the National Defense Authorization Act of 
1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be 
available until expended for the payments specified by sec-
tion 2921(c)(2) of that Act. 
SEC. 8029. (a) Notwithstanding any other provision 
of law, the Secretary of the Air Force may convey at no 
cost to the Air Force, without consideration, to Indian 
tribes located in the States of Nevada, Idaho, North Dakota, 
South Dakota, Montana, Oregon, Minnesota, and Wash-
ington relocatable military housing units located at Grand 
Forks Air Force Base, Malmstrom Air Force Base, Moun-
tain Home Air Force Base, Ellsworth Air Force Base, and 
Minot Air Force Base that are excess to the needs of the 
Air Force.
217 
(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 Walk-
ing Shield Program on behalf of Indian tribes located in 
the States of Nevada, Idaho, North Dakota, South Dakota, 
Montana, Oregon, Minnesota, and Washington. Any such 
conveyance shall be subject to the condition that the housing 
units shall be removed within a reasonable period of time, 
as determined by the Secretary. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for hous-
ing units under subsection (a) before submitting requests 
to the Secretary of the Air Force under subsection (b). 
(d) In this section, the term ‘‘Indian tribe’’ means any 
recognized Indian tribe included on the current list pub-
lished by the Secretary of the Interior under section 104 
of the Federally Recognized Indian Tribe Act of 1994 (Pub-
lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). 
SEC. 8030. 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.
218 
SEC. 8031. (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 pur-
chase of an investment item for the purpose of acquiring 
a new inventory item for sale or anticipated sale during 
the current fiscal year or a subsequent fiscal year to cus-
tomers 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 dur-
ing fiscal year 1994 and if the purchase of such an invest-
ment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense 
for procurement. 
(b) The fiscal year 2013 budget request for the Depart-
ment of Defense as well as all justification material and 
other documentation supporting the fiscal year 2013 De-
partment of Defense budget shall be prepared and submitted 
to the Congress on the basis that any equipment which was 
classified as an end item and funded in a procurement ap-
propriation contained in this Act shall be budgeted for in 
a proposed fiscal year 2013 procurement appropriation and 
not in the supply management business area or any other 
area or category of the Department of Defense Working 
Capital Funds.
219 
SEC. 8032. None of the funds appropriated by this Act 
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year, 
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30, 
2013: Provided, That funds appropriated, transferred, or 
otherwise credited to the Central Intelligence Agency Cen-
tral Services Working Capital Fund during this or any 
prior or subsequent fiscal year shall remain available until 
expended: Provided further, That any funds appropriated 
or transferred to the Central Intelligence Agency for ad-
vanced research and development acquisition, for agent op-
erations, and for covert action programs authorized by the 
President under section 503 of the National Security Act 
of 1947, as amended, shall remain available until Sep-
tember 30, 2013. 
SEC. 8033. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and 
deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
tems for the Services, the Unified and Specified Commands, 
and the component commands. 
SEC. 8034. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
220 
nance, 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. 8035. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, complies 
with the Buy American Act. For purposes of this subsection, 
the term ‘‘Buy American Act’’ means chapter 83 of title 
41, United States Code. 
(b) If the Secretary of Defense determines that a person 
has been convicted of intentionally affixing a label bearing 
a ‘‘Made in America’’ inscription to any product sold in 
or shipped to the United States that is not made in Amer-
ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment of Defense. 
(c) In the case of any equipment or products purchased 
with appropriations provided under this Act, it is the sense 
of the Congress that any entity of the Department of De-
221 
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-made equipment and products are cost-competitive, 
quality competitive, and available in a timely fashion. 
SEC. 8036. 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 activ-
ity responsible for the procurement determines— 
(1) as a result of thorough technical evaluation, 
only one source is found fully qualified to perform the 
proposed work; 
(2) the purpose of the contract is to explore an 
unsolicited proposal which offers significant scientific 
or technological promise, represents the product of 
original thinking, and was submitted in confidence 
by one source; or 
(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new 
product or idea of a specific concern is given finan-
cial support: Provided, That this limitation shall not 
apply to contracts in an amount of less than $25,000, 
contracts related to improvements of equipment that 
is in development or production, or contracts as to
222 
which a civilian official of the Department of Defense, 
who has been confirmed by the Senate, determines 
that the award of such contract is in the interest of 
the national defense. 
SEC. 8037. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the department 
who is transferred or reassigned from a headquarters 
activity if the member or employee’s place of duty re-
mains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), 
on a case-by-case basis, if the Secretary determines, and cer-
tifies 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 re-
quirements 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 impro-
223 
vised explosive devices, and, as determined by the Sec-
retary of the Army, other similar threats; or 
(3) an Army field operating agency established 
to improve the effectiveness and efficiencies of biomet-
ric activities and to integrate common biometric tech-
nologies throughout the Department of Defense. 
SEC. 8038. (a) None of the funds appropriated by this 
Act shall be available to convert to contractor performance 
an activity or function of the Department of Defense that, 
on or after the date of the enactment of this Act, is per-
formed by Department of Defense civilian employees un-
less— 
(1) the conversion is based on the result of a pub-
lic-private competition that includes a most efficient 
and cost effective organization plan developed by such 
activity or function; 
(2) the Competitive Sourcing Official determines 
that, over all performance periods stated in the solici-
tation of offers for performance of the activity or 
function, the cost of performance of the activity or 
function by a contractor would be less costly to the 
Department of Defense by an amount that equals or 
exceeds the lesser of— 
(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance
224 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advantage 
for a proposal that would reduce costs for the Depart-
ment of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the premium 
or subscription share than the amount that is 
paid by the Department of Defense for health 
benefits for civilian employees under chapter 89 
of title 5, United States Code. 
(b)(1) The Department of Defense, without regard to 
subsection (a) of this section or subsection (a), (b), or (c) 
of section 2461 of title 10, United States Code, and notwith-
standing any administrative regulation, requirement, or 
policy to the contrary shall have full authority to enter into 
a contract for the performance of any commercial or indus-
trial type function of the Department of Defense that—
225 
(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 provided 
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 out-
sourcing goal, target, or measurement that may be estab-
226 
lished 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 commercial ac-
tivities. 
(RESCISSIONS) 
SEC. 8039. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and programs 
in the specified amounts: 
‘‘Aircraft 
Procurement, 
Army, 
2010/2012’’, 
$5,100,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army, 2010/2012’’, $4,353,000; 
‘‘Procurement of Ammunition, Army, 2010/ 
2012’’, $21,674,000; 
‘‘Other 
Procurement, 
Army, 
2010/2012’’, 
$58,647,000; 
‘‘Weapons 
Procurement, 
Navy, 
2010/2012’’, 
$8,500,000; 
‘‘Aircraft Procurement, Air Force, 2010/2012’’, 
$32,897,000; 
‘‘Missile Procurement, Air Force, 2010/2012’’, 
$3,889,000;
227 
‘‘Other Procurement, Air Force, 2010/2012’’, 
$12,200,000; 
‘‘Procurement, 
Defense-Wide, 
2010/2012’’, 
$716,000; 
‘‘Aircraft 
Procurement, 
Army, 
2011/2013’’, 
$21,500,000; 
‘‘Missile 
Procurement, 
Army, 
2011/2013’’, 
$99,800,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army, 2011/2013’’, $18,834,000; 
‘‘Procurement of Ammunition, Army, 2011/ 
2013’’, $15,000,000; 
‘‘Other 
Procurement, 
Army, 
2011/2013’’, 
$444,171,000; 
‘‘Aircraft 
Procurement, 
Navy, 
2011/2013’’, 
$53,144,000; 
‘‘Weapons 
Procurement, 
Navy, 
2011/2013’’, 
$12,849,000; 
‘‘Procurement of Ammunition, Navy and Marine 
Corps, 2011/2013’’, $28,262,000; 
‘‘Other 
Procurement, 
Navy, 
2011/2013’’, 
$59,598,000; 
‘‘Aircraft Procurement, Air Force, 2011/2013’’, 
$223,213,000;
228 
‘‘Missile Procurement, Air Force, 2011/2013’’, 
$192,774,000; 
‘‘Other Procurement, Air Force, 2011/2013’’, 
$52,868,000; 
‘‘Procurement, 
Defense-Wide, 
2011/2013’’, 
$4,312,000; 
‘‘Research, Development, Test and Evaluation, 
Army, 2011/2012’’, $358,625,000; 
‘‘Research, Development, Test and Evaluation, 
Navy, 2011/2012’’, $43,516,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2011/2012’’, $273,994,000; 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide, 2011/2012’’, $254,284,000; 
‘‘Defense Health Program, 2011/2012’’, $257,000. 
SEC. 8040. None of the funds available in this Act may 
be used to reduce the authorized positions for military tech-
nicians (dual status) of the Army National Guard, Air Na-
tional Guard, Army Reserve and Air Force Reserve for the 
purpose of applying any administratively imposed civilian 
personnel ceiling, freeze, or reduction on military techni-
cians (dual status), unless such reductions are a direct re-
sult of a reduction in military force structure. 
SEC. 8041. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
229 
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose. 
SEC. 8042. 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 ac-
tivities 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. 8043. During the current fiscal year, none of the 
funds appropriated in this Act may be used to reduce the 
civilian medical and medical support personnel assigned to 
military treatment facilities below the September 30, 2003, 
level: Provided, That the Service Surgeons General may 
waive this section by certifying to the congressional defense 
committees that the beneficiary population is declining in 
some catchment areas and civilian strength reductions may
230 
be consistent with responsible resource stewardship and 
capitation-based budgeting. 
SEC. 8044. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any 
other department or agency of the United States except as 
specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction and 
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law. 
SEC. 8045. 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 do-
mestic origin: Provided, That the Secretary of the military 
department responsible for such procurement may waive 
this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of 
Representatives and the Senate, that adequate domestic 
supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition 
must be made in order to acquire capability for national 
security purposes: Provided further, That this restriction 
shall not apply to the purchase of ‘‘commercial items’’, as
231 
defined by section 4(12) of the Office of Federal Procure-
ment Policy Act, except that the restriction shall apply to 
ball or roller bearings purchased as end items. 
SEC. 8046. None of the funds in this Act may be used 
to purchase any supercomputer which is not manufactured 
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an 
acquisition must be made in order to acquire capability for 
national security purposes that is not available from 
United States manufacturers. 
SEC. 8047. 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 respon-
sibilities or budgetary resources of any program, project, 
or activity financed by this Act to the jurisdiction of an-
other Federal agency not financed by this Act without the 
express authorization of Congress: Provided, That this limi-
tation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of 
Acts providing supplemental appropriations for the De-
partment of Defense. 
SEC. 8048. (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 ex-
232 
pended to transfer to another nation or an international 
organization any defense articles or services (other than in-
telligence services) for use in the activities described in sub-
section (b) unless the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representa-
tives, 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 fol-
lowing: 
(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 re-
quirements of all elements of the Armed Forces
233 
(including the reserve components) for the type 
of equipment or supplies to be transferred have 
been met; and 
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced 
and, if so, how the President proposes to provide 
funds for such replacement. 
SEC. 8049. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment 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 ex-
cess of the normal salary paid by the contractor to the 
employee; and 
(2) such bonus is part of restructuring costs asso-
ciated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8050. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act under 
the heading ‘‘Operation and Maintenance, Defense-Wide’’ 
may be transferred to appropriations available for the pay 
of military personnel, to be merged with, and to be available 
for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in con-
234 
nection with support and services for eligible organizations 
and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code. 
SEC. 8051. 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 nega-
tive unliquidated or unexpended balance, an obligation or 
an adjustment of an obligation may be charged to any cur-
rent appropriation account for the same purpose as the ex-
pired 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 obliga-
tion is not chargeable to a current appropriation of 
the Department of Defense under the provisions of sec-
tion 1405(b)(8) of the National Defense Authorization 
Act for Fiscal Year 1991, Public Law 101–510, as 
amended (31 U.S.C. 1551 note): Provided, That in
235 
the case of an expired account, if subsequent review 
or investigation discloses that there was not in fact a 
negative unliquidated or unexpended balance in the 
account, any charge to a current account under the 
authority of this section shall be reversed and re-
corded against the expired account: Provided further, 
That the total amount charged to a current appro-
priation under this section may not exceed an 
amount equal to 1 percent of the total appropriation 
for that account. 
SEC. 8052. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may permit 
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available, 
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such 
use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that 
subsection. Such funds shall be available for such purposes 
without fiscal year limitation. 
SEC. 8053. Using funds made available by this Act 
or any other Act, the Secretary of the Air Force, pursuant
236 
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 further, 
That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from 
private, regional or municipal services, if provisions are in-
cluded for the consideration of United States coal as an en-
ergy source. 
SEC. 8054. None of the funds appropriated in title IV 
of this Act may be used to procure end-items for delivery 
to military forces for operational training, operational use 
or inventory requirements: Provided, That this restriction 
does not apply to end-items used in development, proto-
typing, and test activities preceding and leading to accept-
ance for operational use: Provided further, That this restric-
tion 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 Appropria-
237 
tions of the House of Representatives and the Senate that 
it is in the national security interest to do so. 
SEC. 8055. None of the funds made available in this 
Act may be used to approve or license the sale of the F– 
22A advanced tactical fighter to any foreign government: 
Provided, That the Department of Defense may conduct or 
participate in studies, research, design and other activities 
to define and develop a future export version of the F–22A 
that protects classified and sensitive information, tech-
nologies and U.S. warfighting capabilities. 
SEC. 8056. (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 pro-
curement 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 pro-
duced in the United States for that country. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or 
after the date of the enactment of this Act; and
238 
(2) options for the procurement of items that are 
exercised after such date under contracts that are en-
tered into before such date if the option prices are ad-
justed for any reason other than the application 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. 8057. (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 in-
formation from the Department of State that the unit has 
committed a gross violation of human rights, unless all nec-
essary 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 avail-
239 
able 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 de-
scribing the extraordinary circumstances, the purpose and 
duration of the training program, the United States forces 
and the foreign security forces involved in the training pro-
gram, and the information relating to human rights viola-
tions that necessitates the waiver. 
SEC. 8058. (a) PROHIBITION
ON CONVERSION
OF 
FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO CON-
TRACTOR PERFORMANCE.—None of the funds appropriated 
or otherwise made available by this Act, or that remain 
available for obligation for the Department of Defense under 
any prior appropriations act, may be used to begin or an-
nounce the competition to award to a contractor or convert 
to performance by a contractor any functions performed by 
Federal employees pursuant to a study conducted under Of-
fice of Management and Budget (OMB) Circular A–76.
240 
(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 Man-
agement and Budget (OMB) Circular A–76 once all report-
ing and certifications required by section 325 of the Na-
tional Defense Authorization Act for Fiscal Year 2010 (Pub-
lic Law 111–84) have been satisfactorily completed. 
SEC. 8059. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’ 
for any new start advanced concept technology demonstra-
tion project or joint capability demonstration project may 
only be obligated 45 days after a report, including a de-
scription of the project, the planned acquisition and transi-
tion strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense com-
mittees: 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. 8060. 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
241 
Committees, Subcommittees on Defense on certain matters 
as directed in the classified annex accompanying this Act. 
SEC. 8061. During the current fiscal year, none of the 
funds available to the Department of Defense may be used 
to provide support to another department or agency of the 
United States if such department or agency is more than 
90 days in arrears in making payment to the Department 
of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, 
That this restriction shall not apply if the department is 
authorized by law to provide support to such department 
or agency on a nonreimbursable basis, and is providing the 
requested support pursuant to such authority: Provided fur-
ther, That the Secretary of Defense may waive this restric-
tion on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representa-
tives and the Senate that it is in the national security inter-
est to do so. 
SEC. 8062. Notwithstanding section 12310(b) of title 
10, United States Code, a Reserve who is a member of the 
National Guard serving on full-time National Guard duty 
under section 502(f) of title 32, United States Code, may 
perform duties in support of the ground-based elements of 
the National Ballistic Missile Defense System.
242 
SEC. 8063. None of the funds provided in this Act may 
be used to transfer to any nongovernmental entity ammuni-
tion held by the Department of Defense that has a center- 
fire cartridge and a United States military nomenclature 
designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 
‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
cendiary tracer (API–T)’’, except to an entity performing 
demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to 
the satisfaction of the Department of Defense that armor 
piercing projectiles are either: (1) rendered incapable of 
reuse by the demilitarization process; or (2) used to manu-
facture ammunition pursuant to a contract with the De-
partment of Defense or the manufacture of ammunition for 
export pursuant to a License for Permanent Export of Un-
classified Military Articles issued by the Department of 
State. 
SEC. 8064. 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 fraternal
243 
nonprofit organization as may be approved by the Chief 
of the National Guard Bureau, or his designee, on a case- 
by-case basis. 
SEC. 8065. None of the funds appropriated by this Act 
shall be used for the support of any nonappropriated funds 
activity of the Department of Defense that procures malt 
beverages and wine with nonappropriated funds for resale 
(including such alcoholic beverages sold by the drink) on 
a military installation located in the United States unless 
such malt beverages and wine are procured within that 
State, or in the case of the District of Columbia, within 
the District of Columbia, in which the military installation 
is located: Provided, That in a case in which the military 
installation is located in more than one State, purchases 
may be made in any State in which the installation is lo-
cated: Provided further, That such local procurement re-
quirements for malt beverages and wine shall apply to all 
alcoholic beverages only for military installations in States 
which are not contiguous with another State: Provided fur-
ther, That alcoholic beverages other than wine and malt bev-
erages, in contiguous States and the District of Columbia 
shall be procured from the most competitive source, price 
and other factors considered.
244 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8066. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$124,493,000 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: Provided fur-
ther, That the Secretary of Defense is authorized to enter 
into and carry out contracts for the acquisition of real 
property, construction, personal services, and operations re-
lated to projects carrying out the purposes of this section: 
Provided further, That contracts entered into under the au-
thority of this section may provide for such indemnification 
as the Secretary determines to be necessary: Provided fur-
ther, That projects authorized by this section shall comply 
with applicable Federal, State, and local law to the max-
imum extent consistent with the national security, as deter-
mined by the Secretary of Defense. 
SEC. 8067. Section 8106 of the Department of Defense 
Appropriations Act, 1997 (titles I through VIII of the mat-
ter under subsection 101(b) of Public Law 104–208; 110 
Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect 
to apply to disbursements that are made by the Department 
of Defense in fiscal year 2012.
245 
SEC. 8068. (a) IN GENERAL.—Subchapter I of chapter 
88 of title 10, United States Code, is amended by adding 
the following new section at its end— 
‘‘§ 1790. 
MILITARY 
PERSONNEL 
CITIZENSHIP 
PROCESSING. 
‘‘AUTHORIZATION OF PAYMENTS.—Using funds pro-
vided for operations and maintenance and notwithstanding 
section 2215 of title 10, United States Code, the Secretary 
of Defense may reimburse the Secretary of Homeland Secu-
rity for costs associated with the processing and adjudica-
tion by the United States Citizenship and Immigration 
Services (USCIS) of applications for naturalization de-
scribed in sections 328(b)(4) and 329(b)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. §§ 1439(b)(4) and 
1440(b)(4)). Such reimbursements shall be deposited and re-
main available as provided by sections 286(m) and (n) of 
such Act (8 U.S.C. § 1356(m). Such reimbursements shall 
be based on actual costs incurred by USCIS for processing 
applications for naturalization, and shall not exceed 
$7,500,000 per fiscal year.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of subchapter I of chapter 88 of title 10, 
United States Code, is amended by inserting after the item 
relating to section 1789 the following new item: 
‘‘1790. Military personnel citizenship processing.’’.
246 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. Of the amounts appropriated in this Act 
under the heading ‘‘Research, Development, Test and Eval-
uation, Defense-Wide’’, $235,700,000 shall be for the Israeli 
Cooperative Programs: Provided, That of this amount, 
$110,525,000 shall be for the Short Range Ballistic Missile 
Defense (SRBMD) program, including cruise missile de-
fense research and development under the SRBMD pro-
gram, of which $15,000,000 shall be for production activi-
ties of SRBMD missiles in the United States and in Israel 
to meet Israel’s defense requirements consistent with each 
nation’s laws, regulations, and procedures, $66,220,000 
shall be available for an upper-tier component to the Israeli 
Missile Defense Architecture, and $58,955,000 shall be for 
the Arrow System Improvement Program including devel-
opment of a long range, ground and airborne, detection 
suite: Provided further, That funds made available under 
this provision for production of missiles and missile compo-
nents may be transferred to appropriations available for 
the procurement of weapons and equipment, to be merged 
with and to be available for the same time period and the 
same purposes as the appropriation to which transferred: 
Provided further, That the transfer authority provided 
under this provision is in addition to any other transfer 
authority contained in this Act.
247 
SEC. 8070. (a) 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 
operational and administrative control of U.S. Navy forces 
assigned to the Pacific fleet. 
(b) None of the funds available to the Department of 
Defense may be obligated to modify command and control 
relationships to give United States Transportation Com-
mand operational and administrative control of C–130 and 
KC–135 forces assigned to the Pacific and European Air 
Force Commands. 
(c) The command and control relationships in sub-
sections (a) and (b) which existed on March 13, 2011, shall 
remain in force unless changes are specifically authorized 
in a subsequent Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8071. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$73,992,000 shall be available until September 30, 2012, 
to fund prior year shipbuilding cost increases: Provided, 
That upon enactment of this Act, the Secretary of the Navy 
shall transfer funds to the following appropriations in the 
amounts specified: Provided further, That the amounts 
transferred shall be merged with and be available for the
248 
same purposes as the appropriations to which transferred 
to: 
(1) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2005/2012’’: LPD–17 Amphibious 
Transport Dock Program $18,627,000; 
(2) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2006/2012’’: LPD–17 Amphibious 
Transport Dock Program $23,437,000; and 
(3) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2008/2012’’: LPD–17 Amphibious 
Transport Dock Program $31,928,000. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8072. (a) Of the amounts appropriated in title 
IV of this Act under the heading ‘‘Research, Development, 
Test and Evaluation, Army’’, for Budget Activities 4, 5 and 
7, $50,000,000 shall be transferred to Program Element 
0605807A: Provided, That no funds may be transferred 
until 30 days after the Secretary of the Army provides to 
the congressional defense committees a report including the 
details of any such transfer: Provided further, That the 
transfer authority provided under this provision is in addi-
tion to any other transfer authority contained in this Act. 
(b) Of the amounts appropriated in title IV of this 
Act under the heading ‘‘Research, Development, Test and 
Evaluation, Air Force’’, for Budget Activities 4, 5 and 7,
249 
$34,000,000 shall be transferred to Program Element 
0605807F: Provided, That no funds may be transferred 
until 30 days after the Secretary of the Air Force provides 
to the congressional defense committees a report including 
the details of any such transfer: Provided further, That the 
transfer authority provided under this provision is in addi-
tion to any other transfer authority contained in this Act. 
SEC. 8073. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 414) during fiscal year 2012 
until the enactment of the Intelligence Authorization Act 
for Fiscal Year 2012. 
SEC. 8074. None of the funds provided in this Act shall 
be available for obligation or expenditure through a re-
programming of funds that creates or initiates a new pro-
gram, project, or activity unless such program, project, or 
activity must be undertaken immediately in the interest of 
national security and only after written prior notification 
to the congressional defense committees. 
SEC. 8075. The budget of the President for fiscal year 
2013 submitted to the Congress pursuant to section 1105 
of title 31, United States Code, shall include separate budget 
justification documents for costs of United States Armed
250 
Forces’ participation in contingency operations for the 
Military Personnel accounts, the Operation and Mainte-
nance accounts, and the Procurement accounts: Provided, 
That these documents shall include a description of the 
funding requested for each contingency operation, for each 
military service, to include all Active and Reserve compo-
nents, and for each appropriations account: Provided fur-
ther, That these documents shall include estimated costs for 
each element of expense or object class, a reconciliation of 
increases and decreases for each contingency operation, and 
programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and esti-
mates 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 Regu-
lation) for all contingency operations for the budget year 
and the two preceding fiscal years. 
SEC. 8076. None of the funds available to the Depart-
ment of Defense in the current fiscal year, and hereafter, 
may be obligated or expended for research, development, 
test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system. 
SEC. 8077. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act,
251 
$20,000,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the Sec-
retary of Defense that it shall serve the national interest, 
he shall make a grant in the amount specified as follows: 
$20,000,000 to the United Service Organizations. 
SEC. 8078. 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 lev-
els funded in this Act: Provided, That the Air Force shall 
allow the 53rd Weather Reconnaissance Squadron to per-
form other missions in support of national defense require-
ments during the non-hurricane season. 
SEC. 8079. None of the funds provided in this Act shall 
be available for integration of foreign intelligence informa-
tion unless the information has been lawfully collected and 
processed during the conduct of authorized foreign intel-
ligence activities: Provided, That information pertaining to 
United States persons shall only be handled in accordance 
with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Execu-
tive Order No. 12333. 
SEC. 8080. (a) At the time members of reserve compo-
nents of the Armed Forces are called or ordered to active
252 
duty under section 12302(a) of title 10, United States Code, 
each member shall be notified in writing of the expected 
period during which the member will be mobilized. 
(b) The Secretary of Defense may waive the require-
ments of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a na-
tional security emergency or to meet dire operational re-
quirements of the Armed Forces. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8081. 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 adjust-
ments for any ship construction program appropriated in 
law: Provided, That the Secretary may transfer not to ex-
ceed $100,000,000 under the authority provided by this sec-
tion: Provided further, That the Secretary may not transfer 
any funds until 30 days after the proposed transfer has been 
reported to the Committees on Appropriations of the House 
of Representatives and the Senate, unless a response from 
the Committees is received sooner: Provided further, That 
any funds transferred pursuant to this section shall retain 
the same period of availability as when originally appro-
priated: Provided further, That the transfer authority pro-
253 
vided by this section is in addition to any other transfer 
authority contained elsewhere in this Act. 
SEC. 8082. For purposes of section 7108 of title 41, 
United States Code, any subdivision of appropriations 
made under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ that is not closed at the time reimbursement is made 
shall be available to reimburse the Judgment Fund and 
shall be considered for the same purposes as any subdivision 
under the heading ‘‘Shipbuilding and Conversion, Navy’’ 
appropriations in the current fiscal year or any prior fiscal 
year. 
SEC. 8083. (a) None of the funds appropriated by this 
Act may be used to transfer research and development, ac-
quisition, 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 Aer-
ial Vehicle (UAV) in order to support the Secretary of De-
fense in matters relating to the employment of unmanned 
aerial vehicles. 
SEC. 8084. 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 Regional 
Initiative Program for the purpose of enabling the Pacific 
Command to execute Theater Security Cooperation activi-
254 
ties such as humanitarian assistance, and payment of in-
cremental and personnel costs of training and exercising 
with foreign security forces: Provided, That funds made 
available for this purpose may be used, notwithstanding 
any other funding authorities for humanitarian assistance, 
security assistance or combined exercise expenses: Provided 
further, That funds may not be obligated to provide assist-
ance to any foreign country that is otherwise prohibited 
from receiving such type of assistance under any other pro-
vision of law. 
SEC. 8085. None of the funds appropriated by this Act 
for programs of the Office of the Director of National Intel-
ligence shall remain available for obligation beyond the cur-
rent fiscal year, except for funds appropriated for research 
and technology, which shall remain available until Sep-
tember 30, 2013. 
SEC. 8086. 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.
255 
SEC. 8087. During the current fiscal year, not to ex-
ceed $200,000,000 from funds available under ‘‘Operation 
and Maintenance, Defense-Wide’’ under section 1206 of the 
National Defense Authorization Act for Fiscal Year 2006 
(Public Law 109–163; 119 Stat. 3456; relating to program 
to build the capacity of foreign military forces) may be 
transferred to the Department of State ‘‘Global Security 
Contingency Fund’’: Provided, That this transfer authority 
is in addition to any other transfer authority available to 
the Department of Defense: Provided further, That the Sec-
retary of Defense shall, not fewer than 15 days prior to 
making transfers to the Department of State, notify the con-
gressional defense committees in writing of the details of 
any such transfer: Provided further, That none of the funds 
available under ‘‘Operation and Maintenance, Defense- 
Wide’’ under section 1206 of the National Defense Author-
ization Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3456; relating to program to build the capacity of for-
eign military forces) may be obligated prior to the Depart-
ment of Defense formally submitting a request for authority 
to transfer funds to the ‘‘Global Security Contingency 
Fund’’ to the Subcommittees on Defense of the Committees 
on Appropriations of the House and Senate. 
SEC. 8088. The Director of National Intelligence shall 
include the budget exhibits identified in paragraphs (1) and
256 
(2) as described in the Department of Defense Financial 
Management Regulation with the congressional budget jus-
tification 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. 8089. The amounts appropriated in title II of 
this Act are hereby reduced by $515,000,000 to reflect excess 
cash balances in Department of Defense Working Capital 
Funds, as follows: From ‘‘Operation and Maintenance, 
Army’’, $515,000,000. 
SEC. 8090. (a) Not later than 60 days after enactment 
of this Act, the Office of the Director of National Intelligence 
shall submit a report to the congressional intelligence com-
mittees to establish the baseline for application of re-
programming and transfer authorities for fiscal year 2012: 
Provided, That the report shall include—
257 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) a delineation in the table for each appropria-
tion 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 cer-
tifies in writing to the congressional intelligence committees 
that such reprogramming or transfer is necessary as an 
emergency requirement. 
SEC. 8091. 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 fu-
ture-years intelligence program (including associated an-
nexes) reflecting the estimated expenditures and proposed 
appropriations included in that budget. Any such future- 
years intelligence program shall cover the fiscal year with
258 
respect to which the budget is submitted and at least the 
four succeeding fiscal years. 
SEC. 8092. For the purposes of this Act, the term ‘‘con-
gressional intelligence committees’’ means the Permanent 
Select Committee on Intelligence of the House of Represent-
atives, the Select Committee on Intelligence of the Senate, 
the Subcommittee on Defense of the Committee on Appro-
priations of the House of Representatives, and the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate. 
SEC. 8093. The Department of Defense shall continue 
to report incremental contingency operations costs for Oper-
ation New Dawn and Operation Enduring Freedom on a 
monthly basis in the Cost of War Execution Report as pre-
scribed in the Department of Defense Financial Manage-
ment Regulation Department of Defense Instruction 
7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, 
Annex 1, dated September 2005. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8094. 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 ‘‘Operation and 
Maintenance, Air Force’’ may be transferred by the mili-
tary department concerned to its central fund established
259 
for Fisher Houses and Suites pursuant to section 2493(d) 
of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8095. Of the funds appropriated in the Intel-
ligence Community Management Account for the Program 
Manager for the Information Sharing Environment, 
$20,000,000 is available for transfer by the Director of Na-
tional Intelligence to other departments and agencies for 
purposes of Government-wide information sharing activi-
ties: Provided, That funds transferred under this provision 
are to be merged with and available for the same purposes 
and time period as the appropriation to which transferred: 
Provided further, That the Office of Management and Budg-
et must approve any transfers made under this provision. 
SEC. 8096. Funds appropriated by this Act for oper-
ation and maintenance may be available for the purpose 
of making remittances to the Defense Acquisition Workforce 
Development Fund in accordance with the requirements of 
section 1705 of title 10, United States Code. 
SEC. 8097. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public website of that agency any report 
required to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the agency 
that it shall serve the national interest.
260 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises 
national security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to the 
requesting Committee or Committees of Congress for no less 
than 45 days. 
SEC. 8098. (a) None of the funds appropriated or oth-
erwise made available by this Act may be expended for any 
Federal contract for an amount in excess of $1,000,000, un-
less the contractor agrees not to— 
(1) enter into any agreement with any of its em-
ployees or independent contractors that requires, as a 
condition of employment, that the employee or inde-
pendent contractor agree to 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 sexual 
assault or harassment, including assault and battery, 
intentional infliction of emotional distress, false im-
prisonment, or negligent hiring, supervision, or reten-
tion; 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
261 
or independent contractor resolve through arbitration 
any claim under title VII of the Civil Rights Act of 
1964 or any tort related to or arising out of sexual 
assault or harassment, including assault and battery, 
intentional infliction of emotional distress, false im-
prisonment, or negligent hiring, supervision, or reten-
tion. 
(b) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal con-
tract unless the contractor certifies that it requires each cov-
ered subcontractor to agree not to enter into, and not to 
take any action to enforce any provision of, any agreement 
as described in paragraphs (1) and (2) of subsection (a), 
with respect to any employee or independent contractor per-
forming work related to such subcontract. For purposes of 
this subsection, a ‘‘covered subcontractor’’ is an entity that 
has a subcontract in excess of $1,000,000 on a contract sub-
ject 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 en-
forced 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
262 
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 waiv-
er 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 Sec-
retary of Defense shall transmit to Congress, and simulta-
neously make public, any determination under this sub-
section not less than 15 business days before the contract 
or subcontract addressed in the determination may be 
awarded. 
SEC. 8099. (a)(1) No National Intelligence Program 
funds appropriated in this Act may be used for a mission 
critical or mission essential business management informa-
tion technology system that is not registered with the Direc-
tor of National Intelligence. A system shall be considered 
to be registered with that officer upon the furnishing notice 
of the system, together with such information concerning 
the system as the Director of the Business Transformation 
Office may prescribe.
263 
(2) During the fiscal year 2012 no funds may be obli-
gated or expended for a financial management automated 
information system, a mixed information system sup-
porting financial and non-financial systems, or a business 
system improvement of more than $3,000,000, within the 
Intelligence Community without the approval of the Busi-
ness Transformation Investment Review Board. 
(b) This section shall not apply to any programmatic 
or analytic systems or programmatic or analytic system 
improvements. 
SEC. 8100. None of the funds made available under 
this Act may be distributed to the Association of Commu-
nity Organizations for Reform Now (ACORN) or its sub-
sidiaries. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8101. From within the funds appropriated for 
operation and maintenance for the Defense Health Program 
in this Act, up to $135,631,000, shall be available for trans-
fer to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund in ac-
cordance with the provisions of section 1704 of the National 
Defense Authorization Act for Fiscal Year 2010, Public Law 
111–84: Provided, That for purposes of section 1704(b), the 
facility operations funded are operations of the integrated 
Captain James A. Lovell Federal Health Care Center, con-
264 
sisting of the North Chicago Veterans Affairs Medical Cen-
ter, the Navy Ambulatory Care Center, and supporting fa-
cilities designated as a combined Federal medical facility 
as described by section 706 of Public Law 110–417: Pro-
vided further, That additional funds may be transferred 
from funds appropriated for operation and maintenance for 
the Defense Health Program to the Joint Department of De-
fense-Department of Veterans Affairs Medical Facility 
Demonstration Fund upon written notification by the Sec-
retary of Defense to the Committees on Appropriations of 
the House of Representatives and the Senate. 
SEC. 8102. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
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. 8103. Appropriations available to the Depart-
ment of Defense may be used for the purchase of heavy and 
light armored vehicles for the physical security of personnel 
or for force protection purposes up to a limit of $250,000 
per vehicle, notwithstanding price or other limitations ap-
plicable to the purchase of passenger carrying vehicles.
265 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8104. Of the amounts appropriated in ‘‘Oper-
ation and Maintenance, Defense-wide’’, $22,930,000 shall 
be available to the Secretary of Defense for transfer to 
‘‘Community Development Fund’’, Department of Housing 
and Urban Development, to remain available until ex-
pended to address community development needs associated 
with the relocation of various facilities and functions eligi-
ble for assistance under title I of the Housing and Commu-
nity Development Act of 1974 (42 U.S.C. 5301 et seq.) to 
assist the civilian population of Guam in its response to 
the military buildup of Guam: Provided, That the funds 
shall be deemed to be Community Development Block Grant 
funds available under title I of the Housing and Commu-
nity Development Act of 1974 (42 U.S.C. 5301 et seq.) and 
shall be made available to the Guam Housing and Urban 
Renewal Authority: Provided further, That, in admin-
istering funds appropriated or otherwise made available 
under this section, the Secretary of Housing and Urban De-
velopment may waive or specify alternative requirements 
for any provision of any statute or regulation in connection 
with the obligation or the use of the funds except for require-
ments relating to fair housing, nondiscrimination, labor 
standards, and the environment, upon a finding that such 
a waiver is necessary to expedite or facilitate the use of
266 
such funds: Provided further, That, with respect to the pre-
vious proviso, the Secretary of Housing and Urban Develop-
ment shall publish any such waiver or alternative require-
ment in the Federal Register no later than 30 days before 
the effective date of such waiver or alternative requirement: 
Provided further, That the transfer authority in this section 
is in addition to any other transfer authority available to 
the Department of Defense. 
SEC. 8105. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Defense-wide’’, $10,070,000 shall 
be available to the Secretary of Defense for transfer to ‘‘As-
sistance to Territories’’, Department of the Interior, to re-
main available until expended, to be used to assist the civil-
ian population of Guam in its response to the military 
buildup of Guam: Provided, That the funds so transferred 
shall be available for technical assistance, as authorized by 
section 1469d of title 48, United States Code, involving pro-
vision of vehicles and supplies for student transportation: 
Provided further, That the transfer authority in this section 
is in addition to any other transfer authority available to 
the Department of Defense. 
SEC. 8106. None of the funds appropriated or other-
wise made available in this Act may be used to transfer, 
release, or assist in the transfer or release to or within the
267 
United States, its territories, or possessions Khalid Sheikh 
Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces; and 
(2) is or was held on or after June 24, 2009, at 
the United States Naval Station, Guantanamo Bay, 
Cuba, by the Department of Defense. 
SEC. 8107. (a)(1) Except as provided in paragraph 
(2) and subsection (d), none of the funds appropriated or 
otherwise made available in this Act may be used to trans-
fer any individual detained at Guantanamo to the custody 
or effective control of the individual’s country of origin, any 
other foreign country, or any other foreign entity unless the 
Secretary of Defense submits to Congress the certification 
described in subsection (b) by not later than 30 days before 
the transfer of the individual. 
(2) Paragraph (1) shall not apply to any action taken 
by the Secretary of Defense to transfer any individual 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 juris-
diction or a pre-trial agreement entered into before a mili-
tary commission before the date of the enactment of this 
Act. The Secretary of Defense shall notify Congress prompt-
ly upon issuance of any such order.
268 
(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 govern-
ment of the foreign country or the recognized leadership of 
the foreign entity to which the individual detained at Guan-
tanamo is to be transferred— 
(1) is not a designated state sponsor of terrorism 
or a designated foreign terrorist organization; 
(2) maintains effective control over each 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, fac-
ing a threat that is likely to substantially affect its 
ability to exercise control over the individual; 
(4) has taken or agreed to take effective steps to 
ensure that the individual cannot take action to 
threaten the United States, its citizens, or its allies in 
the future; 
(5) has taken or agreed to take such steps as the 
Secretary determines are necessary to ensure that the 
individual cannot engage or re-engage in any ter-
rorist activity; and 
(6) has agreed to share any information with the 
United States that—
269 
(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. 
(c)(1) Except as provided in paragraph (2) and sub-
section (d), none of the funds appropriated or otherwise 
made available in this Act may be used to transfer any 
individual detained at Guantanamo to the custody or effec-
tive control of the individual’s country of origin, any other 
foreign country, or any other foreign entity if there is a 
confirmed case of any individual who was detained at 
United States Naval Station, Guantanamo Bay, Cuba, at 
any time after September 11, 2001, who was transferred 
to the foreign country or entity and subsequently engaged 
in any terrorist activity. 
(2) Paragraph (1) shall not apply to any action taken 
by the Secretary to transfer any individual detained at 
Guantanamo to effectuate an order affecting the disposition 
of the individual that is issued by a court or competent 
tribunal of the United States having lawful jurisdiction or 
a pre-trial agreement entered into before a military com-
mission before the date of the enactment of this Act. The 
Secretary shall notify Congress promptly upon issuance of 
any such order.
270 
(d)(1) The Secretary of Defense may waive the appli-
cability to a detainee transfer of a certification requirement 
specified in paragraph (4) or (5) of subsection (b), or the 
prohibition in subsection (c), if the Secretary, with the con-
currence of the Secretary of State and in consultation with 
the Director of National Intelligence, determines that— 
(A) alternative actions will be taken to address 
the underlying purpose of the requirement or require-
ments to be waived; 
(B) in the case of a waiver of paragraph (4) or 
(5) of subsection (b), it is not possible to certify that 
the risks addressed in the paragraph to be waived 
have been completely eliminated, but the actions to be 
taken under subparagraph (A) will substantially 
mitigate such risks with regard to the individual to 
be transferred; 
(C) in the case of a waiver of subsection (c), the 
Secretary has considered any confirmed case in which 
an individual who was transferred to the country 
subsequently engaged in terrorist activity, and the ac-
tions to be taken under subparagraph (A) will sub-
stantially mitigate the risk of recidivism with regard 
to the individual to be transferred; and 
(D) the transfer is in the national security inter-
ests of the United States.
271 
(2) Whenever the Secretary makes a determination 
under paragraph (1), the Secretary shall submit to the con-
gressional defense committees, not later than 30 days before 
the transfer of the individual concerned the following: 
(A) A copy of the determination and the waiver 
concerned; 
(B) A statement of the basis for the determina-
tion, including— 
(i) an explanation why the transfer is in 
the national security interests of the United 
States; and 
(ii) in the case of a waiver of paragraph (4) 
or (5) of subsection (b), an explanation why it 
is not possible to certify that the risks addressed 
in the paragraph to be waived have been com-
pletely eliminated. 
(C) A summary of the alternative actions to be 
taken to address the underlying purpose of, and to 
mitigate the risks addressed in, the paragraph or sub-
section to be waived. 
(e) In this section: 
(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—
272 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is— 
(i) in the custody or under the effective 
control of the Department of Defense; or 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
(2) The term ‘‘foreign terrorist organization’’ 
means any organization so designated by the Sec-
retary of State under section 219 of the Immigration 
and Nationality Act (8 U.S.C. 1189). 
SEC. 8108. (a) IN GENERAL.—None of the funds ap-
propriated or otherwise made available to the Department 
of Defense in this Act may be used to construct, renovate, 
or expand any facility in the United States, its territories, 
or possessions to house any individual detained at United 
States Naval Station, Guantanamo Bay, Cuba, for the pur-
poses of detention or imprisonment in the custody or under 
the control of the Department of Defense unless authorized 
by Congress. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba.
273 
TITLE IX 
OVERSEAS CONTINGENCY OPERATIONS 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $7,195,335,000: Provided, That such amounts in 
this paragraph are designated by Congress as being for the 
overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $1,259,234,000: Provided, That such amounts in 
this paragraph are designated by Congress as being for the 
overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $717,360,000: Provided, That such amounts 
in this paragraph are designated by Congress as being for 
the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency
274 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $1,492,381,000: Provided, That such amounts 
in this paragraph are designated by Congress as being for 
the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $207,162,000: Provided, That such amounts in this 
paragraph are designated by Congress as being for the over-
seas 
contingency 
operations 
pursuant 
to 
section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $44,530,000: Provided, That such amounts in this 
paragraph are designated by Congress as being for the over-
seas 
contingency 
operations 
pursuant 
to 
section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency
275 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, Ma-
rine Corps’’, $25,421,000: Provided, That such amounts in 
this paragraph are designated by Congress as being for the 
overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, Air 
Force’’ $26,815,000: Provided, That such amounts in this 
paragraph are designated by Congress as being for the over-
seas 
contingency 
operations 
pursuant 
to 
section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $679,579,000: Provided, That such amounts 
in this paragraph are designated by Congress as being for 
the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency
276 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Per-
sonnel, Air Force’’, $9,435,000: Provided, That such 
amounts in this paragraph are designated by Congress as 
being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177), 
as amended. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Mainte-
nance, Army’’, $46,406,481,000: Provided, That such 
amounts in this paragraph are designated by Congress as 
being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177), 
as amended. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Mainte-
nance, Navy’’, $7,670,026,000: Provided, That such 
amounts in this paragraph are designated by Congress as 
being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
277 
gency Deficit Control Act of 1985 (Public Law 99–177), 
as amended. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Mainte-
nance, Marine Corps’’, $3,918,210,000: Provided, That such 
amounts in this paragraph are designated by Congress as 
being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177), 
as amended. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force’’, $10,851,547,000: Provided, That such 
amounts in this paragraph are designated by Congress as 
being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177), 
as amended. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Mainte-
nance, Defense-Wide’’, $9,219,211,000: Provided, That each 
amount in this section is designated by Congress as being 
for the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99–177), as
278 
amended: Provided further, That of the funds provided 
under this heading: Not to exceed $1,690,000,000, to remain 
available until September 30, 2013, for payments to reim-
burse key cooperating nations for logistical, military, and 
other support, including access, provided to United States 
military operations in support of Operation Enduring 
Freedom, Operation New Dawn, and post-operation Iraq 
border security related to the activities of the Office of Secu-
rity Cooperation in Iraq, notwithstanding any other provi-
sion of law: Provided further, That such reimbursement 
payments may be made in such amounts as the Secretary 
of Defense, with the concurrence of the Secretary of State, 
and in consultation with the Director of the Office of Man-
agement and Budget, may determine, in his discretion, 
based on documentation determined by the Secretary of De-
fense to adequately account for the support provided, and 
such determination is final and conclusive upon the ac-
counting officers of the United States, and 15 days fol-
lowing notification to the appropriate congressional com-
mittees: Provided further, That the requirement to provide 
notification shall not apply with respect to a reimburse-
ment for access based on an international agreement: Pro-
vided further, That these funds may be used for the purpose 
of providing specialized training and procuring supplies 
and specialized equipment and providing such supplies and
279 
loaning such equipment on a non-reimbursable basis to coa-
lition forces supporting United States military operations 
in Afghanistan, and 15 days following notification to the 
appropriate congressional committees: Provided further, 
That the Secretary of Defense shall provide quarterly re-
ports 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 Mainte-
nance, Army Reserve’’, $217,500,000: Provided, That such 
amounts in this paragraph are designated by Congress as 
being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177), 
as amended. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Navy Reserve’’, $74,148,000: Provided, That such 
amounts in this paragraph are designated by Congress as 
being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177), 
as amended.
280 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Marine Corps Reserve’’, $36,084,000: Provided, That 
such amounts in this paragraph are designated by Congress 
as being for the overseas contingency operations pursuant 
to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99– 
177), as amended. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force Reserve’’, $142,050,000: Provided, That 
such amounts in this paragraph are designated by Congress 
as being for the overseas contingency operations pursuant 
to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99– 
177), as amended. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Operation and Mainte-
nance, Army National Guard’’, $377,544,000: Provided, 
That such amounts in this paragraph are designated by 
Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 
99–177), as amended.
281 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Mainte-
nance, Air National Guard’’, $34,050,000: Provided, That 
such amounts in this paragraph are designated by Congress 
as being for the overseas contingency operations pursuant 
to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99– 
177), as amended. 
AFGHANISTAN INFRASTRUCTURE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For 
the 
‘‘Afghanistan 
Infrastructure 
Fund’’, 
$400,000,000, to remain available until September 30, 
2013: Provided, That such sums shall be available for infra-
structure projects in Afghanistan, notwithstanding any 
other provision of law, which shall be undertaken by the 
Secretary of State, unless the Secretary of State and the 
Secretary of Defense jointly decide that a specific project 
will be undertaken by the Department of Defense: Provided 
further, That the infrastructure referred to in the preceding 
proviso is in support of the counterinsurgency strategy, re-
quiring funding for facility and infrastructure projects, in-
cluding, but not limited to, water, power, and transpor-
tation projects and related maintenance and sustainment 
costs: Provided further, That the authority to undertake 
such infrastructure projects is in addition to any other au-
282 
thority to provide assistance to foreign nations: Provided 
further, That any projects funded by this appropriation 
shall be jointly formulated and concurred in by the Sec-
retary of State and Secretary of Defense: Provided further, 
That funds may be transferred to the Department of State 
for purposes of undertaking projects, which funds shall be 
considered to be economic assistance under the Foreign As-
sistance Act of 1961 for purposes of making available the 
administrative authorities contained in that Act: Provided 
further, That the transfer authority in the preceding proviso 
is in addition to any other authority available to the De-
partment of Defense to transfer funds: Provided further, 
That any unexpended funds transferred to the Secretary of 
State under this authority shall be returned to the Afghani-
stan Infrastructure Fund if the Secretary of State, in co-
ordination with the Secretary of Defense, determines that 
the project cannot be implemented for any reason, or that 
the project no longer supports the counterinsurgency strat-
egy in Afghanistan: Provided further, That any funds re-
turned to the Secretary of Defense under the previous pro-
viso shall be available for use under this appropriation and 
shall be treated in the same manner as funds not transferred 
to the Secretary of State: Provided further, That contribu-
tions of funds for the purposes provided herein to the Sec-
retary of State in accordance with section 635(d) of the For-
283 
eign 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-
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 appropriate com-
mittees of Congress in writing of the details of any such 
transfer: Provided further, That the ‘‘appropriate commit-
tees of Congress’’ are the Committees on Armed Services, 
Foreign Relations and Appropriations of the Senate and 
the Committees on Armed Services, Foreign Affairs and Ap-
propriations of the House of Representatives: Provided fur-
ther, That such amounts in this paragraph are designated 
by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 
99–177), as amended. 
AFGHANISTAN SECURITY FORCES FUND 
For the ‘‘Afghanistan Security Forces Fund’’, 
$11,200,000,000, to remain available until September 30, 
2013: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
of law, for the purpose of allowing the Commander, Com-
bined Security Transition Command—Afghanistan, or the 
Secretary’s designee, to provide assistance, with the concur-
284 
rence of the Secretary of State, to the security forces of Af-
ghanistan, including the provision of equipment, supplies, 
services, training, facility and infrastructure repair, ren-
ovation, and construction, and funding: Provided further, 
That the authority to provide assistance under this heading 
is in addition to any other authority to provide assistance 
to foreign nations: Provided further, That contributions of 
funds for the purposes provided herein from any person, 
foreign government, or international organization may be 
credited to this Fund and used for such purposes: Provided 
further, That the Secretary of Defense shall notify the con-
gressional defense committees in writing upon the receipt 
and upon the obligation of any contribution, delineating 
the sources and amounts of the funds received and the spe-
cific use of such contributions: Provided further, That the 
Secretary of Defense shall, not fewer than 15 days prior 
to obligating from this appropriation account, notify the 
congressional defense committees in writing of the details 
of any such obligation: Provided further, That the Secretary 
of Defense shall notify the congressional defense committees 
of any proposed new projects or transfer of funds between 
budget sub-activity groups in excess of $20,000,000: Pro-
vided further, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency 
operations pursuant to section 251(b)(2)(A)(ii) of the Bal-
285 
anced Budget and Emergency Deficit Control Act of 1985 
(Public Law 99–177), as amended. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, 
Army’’, $1,137,381,000, to remain available until Sep-
tember 30, 2014: Provided, That such amounts in this para-
graph are designated by Congress as being for the overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985 (Public Law 99–177), as amended. 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, 
Army’’, $126,556,000, to remain available until September 
30, 2014: Provided, That such amounts in this paragraph 
are designated by Congress as being for the overseas contin-
gency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985 (Public Law 99–177), as amended. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $130,141,000, to 
remain available until September 30, 2014: Provided, That 
such amounts in this paragraph are designated by Congress
286 
as being for the overseas contingency operations pursuant 
to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99– 
177), as amended. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $208,381,000, to remain available until 
September 30, 2014: Provided, That such amounts in this 
paragraph are designated by Congress as being for the over-
seas 
contingency 
operations 
pursuant 
to 
section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $2,326,376,000, to remain available until Sep-
tember 30, 2014: Provided, That such amounts in this para-
graph are designated by Congress as being for the overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985 (Public Law 99–177), as amended. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $750,633,000, to remain available until September 
30, 2014: Provided, That such amounts in this paragraph
287 
are designated by Congress as being for the overseas contin-
gency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985 (Public Law 99–177), as amended. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procurement, 
Navy’’, $41,070,000, to remain available until September 
30, 2014: Provided, That such amounts in this paragraph 
are designated by Congress as being for the overseas contin-
gency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985 (Public Law 99–177), as amended. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $317,100,000, to re-
main available until September 30, 2014: Provided, That 
such amounts in this paragraph are designated by Congress 
as being for the overseas contingency operations pursuant 
to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99– 
177), as amended. 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, 
Navy’’, $259,881,000, to remain available until September
288 
30, 2014: Provided, That such amounts in this paragraph 
are designated by Congress as being for the overseas contin-
gency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985 (Public Law 99–177), as amended. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $1,233,996,000, to remain available until Sep-
tember 30, 2014: Provided, That such amounts in this para-
graph are designated by Congress as being for the overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985 (Public Law 99–177), as amended. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, 
Air Force’’, $1,299,777,000, to remain available until Sep-
tember 30, 2014: Provided, That such amounts in this para-
graph are designated by Congress as being for the overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985 (Public Law 99–177), as amended. 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, 
Air Force’’, $28,420,000, to remain available until Sep-
tember 30, 2014: Provided, That such amounts in this para-
289 
graph are designated by Congress as being for the overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985 (Public Law 99–177), as amended. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $92,510,000, to remain available 
until September 30, 2014: Provided, That such amounts in 
this paragraph are designated by Congress as being for the 
overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $3,194,641,000, to remain available until Sep-
tember 30, 2014: Provided, That such amounts in this para-
graph are designated by Congress as being for the overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985 (Public Law 99–177), as amended. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, Defense- 
Wide’’, $426,668,000, to remain available until September 
30, 2014: Provided, That such amounts in this paragraph
290 
are designated by Congress as being for the overseas contin-
gency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985 (Public Law 99–177), as amended. 
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, 
$500,000,000, to remain available for obligation until Sep-
tember 30, 2014: Provided, That the Chiefs of National 
Guard and Reserve components shall, not later than 30 
days after the enactment of this Act, individually submit 
to the congressional defense committees the modernization 
priority assessment for their respective National Guard or 
Reserve component: Provided further, That such amounts 
in this paragraph are designated by Congress as being for 
the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended. 
MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the Mine Resistant Ambush Protected Vehicle 
Fund, $3,445,170,000, to remain available until September 
30, 2013: Provided, That such funds shall be available to
291 
the Secretary of Defense, notwithstanding any other provi-
sion of law, to procure, sustain, transport, and field Mine 
Resistant Ambush Protected vehicles: Provided further, That 
the Secretary shall transfer such funds only to appropria-
tions made available in this or any other Act for operation 
and maintenance; procurement; research, development, test 
and evaluation; and defense working capital funds to ac-
complish the purpose provided herein: Provided 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 addition to any other 
transfer authority available to the Department of Defense: 
Provided further, That the Secretary shall, not fewer than 
10 days prior to making transfers from this appropriation, 
notify the congressional defense committees in writing of 
the details of any such transfer: Provided further, That such 
amounts in this paragraph are designated by Congress as 
being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177), 
as amended.
292 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $18,513,000, to remain 
available until September 30, 2013: Provided, That such 
amounts in this paragraph are designated by Congress as 
being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177), 
as amended. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $158,484,000, to re-
main available until September 30, 2013: Provided, That 
such amounts in this paragraph are designated by Congress 
as being for the overseas contingency operations pursuant 
to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99– 
177), as amended. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR 
FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $207,600,000, to 
remain available until September 30, 2013: Provided, That
293 
such amounts in this paragraph are designated by Congress 
as being for the overseas contingency operations pursuant 
to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99– 
177), as amended. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Defense-Wide’’, $197,361,000, 
to remain available until September 30, 2013: Provided, 
That such amounts in this paragraph are designated by 
Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 
99–177), as amended. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working Cap-
ital Funds’’, $396,513,000: Provided, That such amounts 
in this paragraph are designated by Congress as being for 
the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended.
294 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $1,228,288,000, which shall be for operation and 
maintenance, to remain available until September 30, 
2012: Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency 
operations pursuant to section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
(Public Law 99–177), as amended. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities, Defense’’, $463,458,000, to remain 
available until September 30, 2013: Provided, That such 
amounts in this paragraph are designated by Congress as 
being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177), 
as amended. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Joint Improvised Explosive Device Defeat 
Fund’’, $2,441,984,000, to remain available until Sep-
tember 30, 2014: Provided, That such funds shall be avail-
295 
able to the Secretary of Defense, notwithstanding any other 
provision of law, for the purpose of allowing the Director 
of the Joint Improvised Explosive Device Defeat Organiza-
tion to investigate, develop and provide equipment, sup-
plies, services, training, facilities, personnel and funds to 
assist United States forces in the defeat of improvised explo-
sive devices: Provided further, That the Secretary of Defense 
may transfer funds provided herein to appropriations for 
military personnel; operation and maintenance; procure-
ment; research, development, test and evaluation; and de-
fense working capital funds to accomplish the purpose pro-
vided herein: Provided further, That this transfer authority 
is in addition to any other transfer authority available to 
the Department of Defense: Provided further, That the Sec-
retary of Defense shall, not fewer than 15 days prior to 
making transfers from this appropriation, notify the con-
gressional defense committees in writing of the details of 
any such transfer: Provided further, That such amounts in 
this paragraph are designated by Congress as being for the 
overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended.
296 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the Inspec-
tor General’’, $11,055,000: Provided, That such amounts in 
this paragraph are designated by Congress as being for the 
overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99–177), as 
amended. 
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 2012. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national in-
terest, the Secretary may, with the approval of the Office 
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: Provided, That the Sec-
retary shall notify the Congress promptly of each transfer 
made pursuant to the authority in this section: Provided 
further, That the authority provided in this section is in 
addition to any other transfer authority available to the 
Department of Defense and is subject to the same terms and
297 
conditions as the authority provided in the Department of 
Defense Appropriations Act, 2012. 
SEC. 9003. Supervision and administration costs asso-
ciated with a construction project funded with appropria-
tions available for operation and maintenance, ‘‘Afghani-
stan Infrastructure Fund’’, or the ‘‘Afghanistan Security 
Forces Fund’’ provided in this Act and executed in direct 
support of overseas contingency operations in Afghanistan, 
may be obligated at the time a construction contract is 
awarded: Provided, That for the purpose of this section, su-
pervision and administration costs include all in-house 
Government costs. 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase for use by military 
and civilian employees of the Department of Defense in the 
U.S. Central Command area of responsibility: (a) passenger 
motor vehicles up to a limit of $75,000 per vehicle; and 
(b) heavy and light armored vehicles for the physical secu-
rity of personnel or for force protection purposes up to a 
limit of $250,000 per vehicle, notwithstanding price or 
other limitations applicable to the purchase of passenger 
carrying vehicles. 
SEC. 9005. Not to exceed $400,000,000 of the amount 
appropriated in this title under the heading ‘‘Operation 
and Maintenance, Army’’ may be used, notwithstanding
298 
any other provision of law, to fund the Commander’s Emer-
gency Response Program (CERP), for the purpose of ena-
bling military commanders in Afghanistan to respond to 
urgent, small-scale, humanitarian relief and reconstruction 
requirements within their areas of responsibility: Provided, 
That each project (including any ancillary or related ele-
ments in connection with such project) executed under this 
authority shall not exceed $20,000,000: Provided further, 
That not later than 45 days after the end of each fiscal 
year quarter, the Secretary of Defense shall submit to the 
congressional defense committees a report regarding the 
source of funds and the allocation and use of funds during 
that quarter that were made available pursuant to the au-
thority provided in this section or under any other provi-
sion of law for the purposes described herein: Provided fur-
ther, That, not later than 30 days after the end of each 
month, the Army shall submit to the congressional defense 
committees monthly commitment, obligation, and expendi-
ture data for the Commander’s Emergency Response Pro-
gram in Afghanistan: Provided further, That not less than 
15 days before making funds available pursuant to the au-
thority provided in this section or under any other provi-
sion 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-
299 
fense committees a written notice containing each of the fol-
lowing: 
(1) The location, nature and purpose of the pro-
posed project, including how the project is intended to 
advance the military campaign plan for the country 
in which it is to be carried out. 
(2) The budget, implementation timeline with 
milestones, and completion date for the proposed 
project, including any other CERP funding that has 
been or is anticipated to be contributed to the comple-
tion 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. 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, notwith-
standing any other provision of law, to provide supplies, 
services, transportation, including airlift and sealift, and 
other logistical support to coalition forces supporting mili-
tary and stability operations in Iraq and Afghanistan: Pro-
vided, That the Secretary of Defense shall provide quarterly
300 
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 sta-
tioning 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 sta-
tioning of United States Armed Forces in Afghani-
stan. 
SEC. 9008. None of the funds made available in this 
Act may be used in contravention of the following laws en-
acted or regulations promulgated to implement the United 
Nations Convention Against Torture and Other Cruel, In-
human 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
301 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Federal 
Regulations, and part 95 of title 22, Code of Federal 
Regulations. 
(3) Sections 1002 and 1003 of the Department of 
Defense, Emergency Supplemental Appropriations to 
Address Hurricanes in the Gulf of Mexico, and Pan-
demic Influenza Act, 2006 (Public Law 109–148). 
SEC. 9009. None of the funds provided for the ‘‘Afghan-
istan Security Forces Fund’’ (ASFF) may be obligated for 
a revised spend plan prior to the meeting and approval of 
the Afghanistan Resources Oversight Council (AROC) of the 
Department of Defense: Provided, That the AROC must re-
view and approve the requirement and acquisition plan for 
any contract or task order in excess of $10,000,000 using 
ASFF: Provided further, That in approving the acquisition 
plan, the AROC shall consider the extent of competition for 
the purchase, any relevant qualifications or requirements 
for eligible contractors for the purchase, the adequacy of 
steps to ensure that the purchase meets cost, schedule, and 
performance requirements, and the adequacy of steps to 
manage and oversee contractor performance: Provided fur-
ther, That the AROC must review and approve all projects 
and contracting under the ‘‘Afghanistan Infrastructure
302 
Fund’’ (AIF) and any project in excess of $1,000,000 from 
the Commanders Emergency Response Program (CERP): 
Provided further, That the Department of Defense must cer-
tify to the congressional defense committees that the AROC 
has convened and approved a process for ensuring compli-
ance with the requirements in the preceding provisos for 
the ASFF, AIF, and CERP. 
SEC. 9010. (a) FUNDING FOR OUTREACH AND RE-
INTEGRATION SERVICES UNDER YELLOW RIBBON RE-
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 sec-
tion 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 deter-
mination by the Secretary of Defense that such action is
303 
necessary to meet the operational requirements of a Com-
mander of a Combatant Command engaged in contingency 
operations overseas, such funds may be used to purchase 
items having an investment item unit cost of not more than 
$500,000. 
SEC. 9012. Notwithstanding any other provision of 
law, up to $150,000,000 of funds made available in this 
title under the heading ‘‘Operation and Maintenance, 
Army’’ may be obligated and expended for purposes of the 
Task Force for Business and Stability Operations, subject 
to the direction and control of the Secretary of Defense, with 
concurrence of the Secretary of State, to carry out strategic 
business and economic assistance activities in Afghanistan 
in support of Operation Enduring Freedom: Provided, That 
not less than 15 days before making funds available pursu-
ant to the authority provided in this section, the Secretary 
shall submit to the congressional defense committees a writ-
ten notice containing a detailed justification and timeline 
for each proposed project. 
SEC. 9013. From funds made available to the Depart-
ment of Defense in this title under the heading ‘‘Operation 
and Maintenance, Air Force’’ up to $524,000,000 may be 
used by the Secretary of Defense, notwithstanding any other 
provision of law, to support United States Government 
transition activities in Iraq by funding the operations and
304 
activities of the Office of Security Cooperation in Iraq and 
security assistance teams, including life support, transpor-
tation and personal security, and facilities renovation and 
construction: Provided, That not less than 15 days before 
making funds available pursuant to the authority provided 
in this section, the Secretary shall submit to the congres-
sional defense committees a written notice containing a de-
tailed justification and timeline for each proposed site. 
SEC. 9014. The amounts appropriated in title IX of 
this Act are hereby reduced by $5,000,000,000 to reflect re-
duced troop strength in theater: Provided, That the reduc-
tions shall be applied to the military personnel and oper-
ation and maintenance appropriations only: Provided fur-
ther, That the Secretary of Defense shall, not fewer than 
15 days prior to reducing funds for this purpose, notify 
the congressional defense committees in writing of the de-
tails of any such reduction by appropriation and budget 
line item. 
SEC. 9015. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and programs 
in the specified amounts: 
‘‘Overseas 
Contingency 
Operations 
Transfer 
Fund, 2010’’, $356,810,000;
305 
‘‘Procurement of Ammunition, Army, 2010/ 
2012’’, $21,000,000; 
‘‘Other Procurement, Air Force, 2010/2012’’, 
$2,250,000. 
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2012’’.
Calendar No. 169 
112TH CONGRESS 
1ST SESSION 
H. R. 2219 
[Report No. 112–77] 
AN ACT 
Making appropriations for the Department of De-
fense for the fiscal year ending September 30, 
2012, and for other purposes. 
JULY 11, 2011 
Received; read twice and referred to the Committee on 
Appropriations 
SEPTEMBER 15, 2011 
Reported with an amendment