datamatters24/research-document-archive huggingface dataset:
transfer authorities for fiscal year 2011: Provided, That 
the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation both by budget activity and program, 
project, and activity as detailed in the Budget Ap-
pendix; and 
(3) an identification of items of special congres-
sional interest. 
(b) Notwithstanding section 8005 of this Act, none 
of the funds provided in this Act shall be available for 
reprogramming or transfer until the report identified in 
subsection (a) is submitted to the congressional defense 
committees, unless the Secretary of Defense certifies in 
writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency 
requirement. 
SEC. 8008. The Secretaries of the Air Force and the 
Army are authorized, using funds available under the 
headings ‘‘Operation and Maintenance, Air Force’’ and 
‘‘Operation and Maintenance, Army’’, to complete facility
conversions and phased repair projects which may include 
upgrades and additions to Alaskan range infrastructure 
and training areas, and improved access to these ranges. 
(TRANSFER OF FUNDS) 
SEC. 8009. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, 
United States Code, may be maintained in only such 
amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds: Provided further, 
That transfers may be made between working capital 
funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of 
the Office of Management and Budget, except that such 
transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except 
in amounts equal to the amounts appropriated to working 
capital funds in this Act, no obligations may be made 
against a working capital fund to procure or increase the 
value of war reserve material inventory, unless the Sec-
retary of Defense has notified the Congress prior to any 
such obligation.
SEC. 8010. Funds appropriated by this Act may not 
be used to initiate a special access program without prior 
notification 30 calendar days in advance to the congres-
sional defense committees. 
SEC. 8011. None of the funds provided in this Act 
shall be available to initiate: (1) a multiyear contract that 
employs economic order quantity procurement in excess of 
$20,000,000 in any one year of the contract or that in-
cludes an unfunded contingent liability in excess of 
$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, unless the congressional defense committees 
have been notified at least 30 days in advance of the pro-
posed contract award: Provided, That no part of any ap-
propriation contained in this Act shall be available to ini-
tiate a multiyear contract for which the economic order 
quantity advance procurement is not funded at least to 
the limits of the Government’s liability: Provided further, 
That no part of any appropriation contained in this Act 
shall be available to initiate multiyear procurement con-
tracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 un-
less specifically provided in this Act: Provided further, 
That no multiyear procurement contract can be termi-
nated without 10-day prior notification to the congres-
sional defense committees: Provided further, That the exe-
cution of multiyear authority shall require the use of a 
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 in-
cludes, for any aircraft unit to be procured through 
the contract for which procurement funds are re-
quested in that budget request for production be-
yond advance procurement activities in the fiscal 
year covered by the budget, full funding of procure-
ment 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 produc-
tion of unfunded units to be delivered under the con-
tract;
(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 
contract. 
Funds appropriated in title III of this Act may be 
used for a multiyear procurement contract as follows: 
Navy MH–60R/S Helicopter Systems. 
SEC. 8012. Within the funds appropriated for the op-
eration and maintenance of the Armed Forces, funds are 
hereby 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 assistance costs incidental to authorized operations 
and pursuant to authority granted in section 401 of chap-
ter 20 of title 10, United States Code, and these obliga-
tions shall be reported as required by section 401(d) of 
title 10, United States Code: Provided, That funds avail-
able for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using 
Civic Action Teams in the Trust Territories of the Pacific 
Islands and freely associated states of Micronesia, pursu-
ant to the Compact of Free Association as authorized by
Public Law 99–239: Provided further, That upon a deter-
mination by the Secretary of the Army that such action 
is beneficial for graduate medical education programs con-
ducted at Army medical facilities located in Hawaii, the 
Secretary of the Army may authorize the provision of med-
ical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients 
from American Samoa, the Commonwealth of the North-
ern Mariana Islands, the Marshall Islands, the Federated 
States of Micronesia, Palau, and Guam. 
SEC. 8013. (a) During fiscal year 2011, the civilian 
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the manage-
ment of such personnel during that fiscal year shall not 
be subject to any constraint or limitation (known as an 
end-strength) on the number of such personnel who may 
be employed on the last day of such fiscal year. 
(b) The fiscal year 2012 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2012 
Department of Defense budget request shall be prepared 
and submitted to the Congress as if subsections (a) and 
(b) of this provision were effective with regard to fiscal 
year 2012.
(c) Nothing in this section shall be construed to apply 
to military (civilian) technicians. 
SEC. 8014. None of the funds made available by this 
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress. 
SEC. 8015. None of the funds appropriated by this 
Act shall be available for the basic pay and allowances of 
any member of the Army participating as a full-time stu-
dent and receiving benefits paid by the Secretary of Vet-
erans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is 
credited toward completion of a service commitment: Pro-
vided, That this section shall not apply to those members 
who have reenlisted with this option prior to October 1, 
1987: Provided further, That this section applies only to 
active components of the Army. 
SEC. 8016. (a) None of the funds appropriated by 
this Act shall be available to convert to contractor per-
formance an activity or function of the Department of De-
fense that, on or after the date of the enactment of this 
Act, is performed by Department of Defense civilian em-
ployees unless— 
(1) the conversion is based on the result of a 
public-private competition that includes a most effi-
cient and cost effective organization plan developed 
by such activity or function; 
(2) the Competitive Sourcing Official deter-
mines that, over all performance periods stated in 
the solicitation of offers for performance of the ac-
tivity or function, the cost of performance of the ac-
tivity or function by a contractor would be less costly 
to the Department of Defense by an amount that 
equals or exceeds the lesser of— 
(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advan-
tage for a proposal that would reduce costs for the 
Department of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the pre-
mium or subscription share than the amount
that is paid by the Department of Defense for 
health benefits for civilian employees under 
chapter 89 of title 5, United States Code. 
(b)(1) The Department of Defense, without regard 
to subsection (a) of this section or subsection (a), (b), or 
(c) of section 2461 of title 10, United States Code, and 
notwithstanding any administrative regulation, require-
ment, or policy to the contrary shall have full authority 
to enter into a contract for the performance of any com-
mercial or industrial type function of the Department of 
Defense that— 
(A) is included on the procurement list es-
tablished pursuant to section 2 of the Javits- 
Wagner-O’Day Act (section 8503 of title 41, 
United States Code); 
(B) is planned to be converted to perform-
ance by a qualified nonprofit agency for the 
blind or by a qualified nonprofit agency for 
other severely handicapped individuals in ac-
cordance with that Act; or 
(C) is planned to be converted to perform-
ance by a qualified firm under at least 51 per-
cent ownership by an Indian tribe, as defined in 
section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, 
as defined in section 8(a)(15) of the Small 
Business Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot con-
tracts or contracts for depot maintenance as pro-
vided in sections 2469 and 2474 of title 10, United 
States Code. 
(c) The conversion of any activity or function of the 
Department of Defense under the authority provided by 
this section shall be credited toward any competitive or 
outsourcing goal, target, or measurement that may be es-
tablished by statute, regulation, or policy and is deemed 
to be awarded under the authority of, and in compliance 
with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of com-
mercial activities. 
(TRANSFER OF FUNDS) 
SEC. 8017. Funds appropriated in title III of this Act 
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing 
a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National De-
fense Authorization Act for Fiscal Year 1991 (Public Law 
101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority 
contained in this Act. 
SEC. 8018. None of the funds in this Act may be 
available for the purchase by the Department of Defense 
(and its departments and agencies) of welded shipboard 
anchor and mooring chain 4 inches in diameter and under 
unless the anchor and mooring chain are manufactured 
in the United States from components which are substan-
tially manufactured in the United States: Provided, That 
for the purpose of this section, the term ‘‘manufactured’’ 
shall include cutting, heat treating, quality control, testing 
of chain and welding (including the forging and shot blast-
ing process): Provided further, That for the purpose of this 
section substantially all of the components of anchor and 
mooring chain shall be considered to be produced or manu-
factured in the United States if the aggregate cost of the 
components produced or manufactured in the United 
States exceeds the aggregate cost of the components pro-
duced or manufactured outside the United States: Pro-
vided further, That when adequate domestic supplies are 
not available to meet Department of Defense requirements 
on a timely basis, the Secretary of the service responsible 
for the procurement may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations that such an acquisition must be made
in order to acquire capability for national security pur-
poses. 
SEC. 8019. None of the funds available to the De-
partment of Defense may be used to demilitarize or dis-
pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 
.22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 
to demilitarize or destroy small arms ammunition or am-
munition components that are not otherwise prohibited 
from commercial sale under Federal law, unless the small 
arms ammunition or ammunition components are certified 
by the Secretary of the Army or designee as unserviceable 
or unsafe for further use. 
SEC. 8020. No more than $500,000 of the funds ap-
propriated or made available in this Act shall be used dur-
ing a single fiscal year for any single relocation of an orga-
nization, unit, activity or function of the Department of 
Defense into or within the National Capital Region: Pro-
vided, That the Secretary of Defense may waive this re-
striction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relo-
cation is required in the best interest of the Government. 
SEC. 8021. In addition to the funds provided else-
where in this Act, $15,000,000 is appropriated only for 
incentive payments authorized by section 504 of the In-
dian Financing Act of 1974 (25 U.S.C. 1544): Provided,
That a prime contractor or a subcontractor at any tier 
that makes a subcontract award to any subcontractor or 
supplier as defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by 
an individual or individuals defined under section 4221(9) 
of title 25, United States Code, shall be considered a con-
tractor for the purposes of being allowed additional com-
pensation under section 504 of the Indian Financing Act 
of 1974 (25 U.S.C. 1544) whenever the prime contract 
or subcontract amount is over $500,000 and involves the 
expenditure of funds appropriated by an Act making Ap-
propriations for the Department of Defense with respect 
to any fiscal year: Provided further, That notwithstanding 
section 430 of title 41, United States Code, this section 
shall be applicable to any Department of Defense acquisi-
tion of supplies or services, including any contract and any 
subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part by any sub-
contractor or supplier defined in section 1544 of title 25, 
United States Code, or a small business owned and con-
trolled by an individual or individuals defined under sec-
tion 4221(9) of title 25, United States Code. 
SEC. 8022. Funds appropriated by this Act for the 
Defense Media Activity shall not be used for any national 
or international political or psychological activities.
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 author-
ized by law; and not to exceed $12,478,000 can be used 
for emergencies and extraordinary expenses, to be ex-
pended 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, 
$33,306,117,000. 
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 
$14,804,000 can be used for emergencies and extraor-
dinary expenses, to be expended on the approval or author-
ity of the Secretary of the Navy, and payments may be 
made on his certificate of necessity for confidential mili-
tary purposes, $37,809,239,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Marine Corps, 
as authorized by law, $5,539,740,000. 
VerDate Mar 15 2010 
22:10 Feb 11, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
emcdonald on DSK2BSOYB1PROD with BILLS
131
HR 1804 PP
(7) provide for the dissemination on a statewide
basis of exemplary programs and practices relating to
the use of technology in education;
(8) establish a funding estimate (including a
statement of likely funding sources) and a schedule for
the development and implementation of such plan;
(9) describe how the State educational agency
will assess the impact of implementing such plan on
student achievement and aggregate achievement for
schools;
(10) describe how the State educational agency
and local educational agencies in the State will co-
ordinate and cooperate with business and industry,
and with public and private telecommunications enti-
ties;
(11) describe how the State educational agency
will promote the purchase of equipment by local edu-
cational agencies that, when placed in schools, will
meet the highest possible level of interoperability and
open system design;
(12) describe how the State educational agency
will consider using existing telecommunications infra-
structure and technology resources;
172 
SEC. 1221. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, National Institute of Food 
and Agriculture, Research and Education Activities’’ shall 
be $647,993,000: Provided, That the amounts included 
under such heading in Public Law 111–80 shall be applied 
to funds appropriated by this division as follows: by sub-
stituting ‘‘$221,763,000’’ for ‘‘$215,000,000’’; by sub-
stituting ‘‘$34,816,000’’ for ‘‘$29,000,000’’; by sub-
stituting ‘‘$51,000,000’’ for ‘‘$48,500,000’’; by sub-
stituting ‘‘$227,801,000’’ for ‘‘$216,482,000’’; by sub-
stituting ‘‘$0’’ for ‘‘$89,029,000’’; by substituting 
‘‘$20,500,000’’ for ‘‘$18,250,000’’; and by substituting 
‘‘$11,253,000’’ for ‘‘$45,122,000’’. 
SEC. 1222. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, National Institute of Food 
and 
Agriculture, 
Extension 
Activities’’ 
shall 
be 
$453,265,000: Provided, That the amounts included under 
such heading in Public Law 111–80 shall be applied to 
funds appropriated by this division as follows: by sub-
stituting ‘‘$267,673,000’’ for ‘‘$297,500,000’’ and by sub-
stituting ‘‘$8,565,000’’ for ‘‘$20,396,000’’. 
SEC. 1223. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, National Institute of Food 
and 
Agriculture, 
Integrated 
Activities’’ 
shall 
be 
$24,874,000: Provided, That the amounts included under 
VerDate Mar 15 2010 
23:35 Feb 11, 2011
Jkt 099200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H1.IH
H1
emcdonald on DSK2BSOYB1PROD with BILLS
HR 1 PCS
and for payments to the Department of Defense Military 
Retirement Fund, $4,333,165,000. 
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 con-
nection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing re-
serve 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 Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund, 
$1,940,191,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Marine 
Corps Reserve 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 under-
going reserve training, or while performing drills or equiv-
alent duty, and for members of the Marine Corps platoon 
VerDate Mar 15 2010 
22:02 Mar 01, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1.PCS
H1
smartinez on DSKB9S0YB1PROD with BILLS
170 
HR 1 PCS
SEC. 1213. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Office of the Assistant Sec-
retary for Congressional Relations’’ shall be $3,877,000. 
SEC. 1214. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Office of Communications’’ 
shall be $9,514,000. 
SEC. 1215. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Office of the Inspector Gen-
eral’’ shall be $80,000,000. 
SEC. 1216. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Office of the General Coun-
sel’’ shall be $39,620,000. 
SEC. 1217. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Economic Research Service’’ 
shall be $79,500,000. 
SEC. 1218. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, National Agricultural Statis-
tics Service’’ shall be $151,565,000: Provided, That the 
amounts included under such heading in Public Law 111– 
80 shall be applied to funds appropriated by this division 
by substituting ‘‘$33,494,000’’ for ‘‘$37,908,000’’. 
SEC. 1219. Notwithstanding section 1101, the level 
for ‘‘Agricultural Programs, Agricultural Research Serv-
ice, Salaries and Expenses’’ shall be $1,065,406,000. 
VerDate Mar 15 2010 
22:02 Mar 01, 2011
Jkt 099200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H1.PCS
H1
smartinez on DSKB9S0YB1PROD with BILLS
vilian employee of the Department of Defense who
is eligible for assistance under title II.
(4) The terms ‘‘Military-Civilian Integration
and Technology Transfer Advisory Board’’ and ‘‘Ad-
visory Board’’ mean the Military-Civilian Integration
and Technology Transfer Advisory Board established
under section 2516(a) of title 10, United States
Code.
(5) The terms ‘‘Office of Training Oversight
and Administration’’ and ‘‘Office’’ mean the Office
of Training Oversight and Administration estab-
lished under section 201.
(6) The term ‘‘qualified defense contractor’’
means a private business producing goods or services
for the Department of Defense that, during the
three years immediately preceding the date of the
enactment of this Act—
(A) obtained at least 30 percent of its
gross income from defense contracts or sub-
contracts; or
(B) had at least 30 percent of its
workforce actively engaged in work directly re-
lated to defense contracts or subcontracts.