under this heading: Provided further, That the Secretary 
of Defense shall submit a report not later than 60 days 
after the end of each fiscal quarter to the congressional 
defense committees providing assessments of the evolving 
threats, individual service requirements to counter the 
threats, the current strategy for predeployment training 
of members of the Armed Forces on improvised explosive 
devices, and details on the execution of the Fund: Provided 
further, That the Secretary of Defense may transfer funds 
provided herein to appropriations for operation and main-
tenance; procurement; research, development, test and 
evaluation; and defense working capital funds to accom-
plish the purpose provided herein: Provided further, That 
amounts transferred shall be merged with and available 
for the same purposes and time period as the appropria-
tions to which transferred: Provided further, That this 
transfer authority is in addition to any other transfer au-
thority available to the Department of Defense: Provided 
further, That the Secretary of Defense shall, not fewer 
than 15 days prior to making transfers from this appro-
priation, notify the congressional defense committees in 
writing of the details of any such transfer. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the In-
spector General in carrying out the provisions of the In-
spector General Act of 1978, as amended, $346,919,000, 
of which $286,919,000 shall be for operation and mainte-
nance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on 
the approval or authority of the Inspector General, and 
payments may be made on the Inspector General’s certifi-
cate of necessity for confidential military purposes; of 
which $1,000,000, to remain available until September 30, 
2014, shall be for procurement; and of which $1,600,000, 
to remain available until September 30, 2013, shall be for 
research, development, testing, and evaluation. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM FUND 
For payment to the Central Intelligence Agency Re-
tirement and Disability System Fund, to maintain the 
proper funding level for continuing the operation of the 
Central Intelligence Agency Retirement and Disability 
System, $513,700,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For necessary expenses of the Intelligence Commu-
nity Management Account, $458,225,000.
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained 
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress. 
SEC. 8002. During the current fiscal year, provisions 
of law prohibiting the payment of compensation to, or em-
ployment of, any person not a citizen of the United States 
shall not apply to personnel of the Department of Defense: 
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of 
Defense funded by this Act shall not be at a rate in excess 
of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is 
computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percent-
age increase provided by the appropriate host nation to 
its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of De-
fense foreign service national employees serving at United 
States diplomatic missions whose pay is set by the Depart-
ment of State under the Foreign Service Act of 1980: Pro-
vided further, That the limitations of this provision shall 
not apply to foreign national employees of the Department 
of Defense in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained 
in this Act shall remain available for obligation beyond 
the current fiscal year, unless expressly so provided herein. 
SEC. 8004. No more than 20 percent of the appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the 
last 2 months of the fiscal year: Provided, That this sec-
tion shall not apply to obligations for support of active 
duty training of reserve components or summer camp 
training of the Reserve Officers’ Training Corps. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of 
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Manage-
ment and Budget, transfer not to exceed $4,000,000,000 
of working capital funds of the Department of Defense 
or funds made available in this Act to the Department 
of Defense for military functions (except military con-
struction) between such appropriations or funds or any 
subdivision thereof, to be merged with and to be available 
for the same purposes, and for the same time period, as 
the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless 
for higher priority items, based on unforeseen military re-
quirements, than those for which originally appropriated
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further, 
That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority 
or any other authority in this Act: Provided further, That 
no part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropria-
tions for reprogramming of funds, unless for higher pri-
ority items, based on unforeseen military requirements, 
than those for which originally appropriated and in no 
case where the item for which reprogramming is requested 
has been denied by the Congress: Provided further, That 
a request for multiple reprogrammings of funds using au-
thority provided in this section shall be made prior to June 
30, 2012: Provided further, That transfers among military 
personnel appropriations shall not be taken into account 
for purposes of the limitation on the amount of funds that 
may be transferred under this section. 
SEC. 8006. (a) With regard to the list of specific pro-
grams, projects, and activities (and the dollar amounts 
and adjustments to budget activities corresponding to 
such programs, projects, and activities) contained in the 
tables titled ‘‘Explanation of Project Level Adjustments’’ 
in the explanatory statement regarding this Act, the obli-
gation and expenditure of amounts appropriated or other-
wise made available in this Act for those programs, 
projects, and activities for which the amounts appro-
priated exceed the amounts requested are hereby required 
by law to be carried out in the manner provided by such 
tables to the same extent as if the tables were included 
in the text of this Act. 
(b) Amounts specified in the referenced tables de-
scribed in subsection (a) shall not be treated as subdivi-
sions of appropriations for purposes of section 8005 of this 
Act: Provided, That section 8005 shall apply when trans-
fers of the amounts described in subsection (a) occur be-
tween appropriation accounts. 
SEC. 8007. (a) Not later than 60 days after enact-
ment of this Act, the Department of Defense shall submit 
a report to the congressional defense committees to estab-
lish the baseline for application of reprogramming and 
transfer authorities for fiscal year 2012: Provided, That 
the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation both by budget activity and program,
project, and activity as detailed in the Budget Ap-
pendix; and 
(3) an identification of items of special congres-
sional interest. 
(b) Notwithstanding section 8005 of this Act, none 
of the funds provided in this Act shall be available for 
reprogramming or transfer until the report identified in 
subsection (a) is submitted to the congressional defense 
committees, unless the Secretary of Defense certifies in 
writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency 
requirement. 
(TRANSFER OF FUNDS) 
SEC. 8008. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, 
United States Code, may be maintained in only such 
amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds: Provided further, 
That transfers may be made between working capital 
funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of
the Office of Management and Budget, except that such 
transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except 
in amounts equal to the amounts appropriated to working 
capital funds in this Act, no obligations may be made 
against a working capital fund to procure or increase the 
value of war reserve material inventory, unless the Sec-
retary of Defense has notified the Congress prior to any 
such obligation. 
SEC. 8009. Funds appropriated by this Act may not 
be used to initiate a special access program without prior 
notification 30 calendar days in advance to the congres-
sional defense committees. 
SEC. 8010. None of the funds provided in this Act 
shall be available to initiate: (1) a multiyear contract that 
employs economic order quantity procurement in excess of 
$20,000,000 in any one year of the contract or that in-
cludes an unfunded contingent liability in excess of 
$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 advanced 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: 
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 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. 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 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 2013 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2013 
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 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. 
SEC. 8014. None of the funds appropriated by this 
Act shall be available for the basic pay and allowances of 
any member of the Army participating as a full-time stu-
dent and receiving benefits paid by the Secretary of Vet-
erans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is 
credited toward completion of a service commitment: Pro-
vided, That this section shall not apply to those members 
who have reenlisted with this option prior to October 1,
1987: Provided further, That this section applies only to 
active components of the Army. 
(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 
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. 8016. 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. 8017. None of the funds available to the De-
partment of Defense, herein and hereafter, 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 demilitarize or destroy small arms 
ammunition or ammunition components that are not oth-
erwise prohibited from commercial sale under Federal law, 
unless the small arms ammunition or ammunition compo-
nents are certified by the Secretary of the Army or des-
ignee as unserviceable or unsafe for further use. 
SEC. 8018. 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. 8019. 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 1906 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 
subcontractor or supplier 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. 
SEC. 8020. Funds appropriated by this Act for the 
Defense Media Activity shall not be used for any national 
or international political or psychological activities. 
SEC. 8021. During the current fiscal year, the De-
partment of Defense is authorized to incur obligations of 
not to exceed $350,000,000 for purposes specified in sec-
tion 2350j(c) of title 10, United States Code, in anticipa-
tion of receipt of contributions, only from the Government 
of Kuwait, under that section: Provided, That upon re-
ceipt, such contributions from the Government of Kuwait 
shall be credited to the appropriations or fund which in-
curred such obligations. 
SEC. 8022. (a) Of the funds made available in this 
Act, not less than $30,945,000 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, counter-drug activities, and drug demand 
reduction activities involving youth programs; 
(2) $2,190,000 shall be available from ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $917,000 shall be available from ‘‘Other 
Procurement, Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and 
local government agencies. 
SEC. 8023. (a) None of the funds appropriated in this 
Act are available to establish a new Department of De-
fense (department) federally funded research and develop-
ment center (FFRDC), either as a new entity, or as a 
separate entity administrated by an organization man-
aging another FFRDC, or as a nonprofit membership cor-
poration consisting of a consortium of other FFRDCs and 
other nonprofit entities. 
(b) No member of a Board of Directors, Trustees, 
Overseers, Advisory Group, Special Issues Panel, Visiting 
Committee, or any similar entity of a defense FFRDC, 
and no paid consultant to any defense FFRDC, except 
when acting in a technical advisory capacity, may be com-
pensated for his or her services as a member of such enti-
ty, or as a paid consultant by more than one FFRDC in 
a fiscal year: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed 
travel expenses and per diem as authorized under the Fed-
eral Joint Travel Regulations, when engaged in the per-
formance of membership duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to the department from any source 
during fiscal year 2012 may be used by a defense FFRDC, 
through a fee or other payment mechanism, for construc-
tion of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of 
contract overruns, or for certain charitable contributions, 
not to include employee participation in community service 
and/or development. 
(d) Notwithstanding any other provision of law, of 
the funds available to the department during fiscal year 
2012, not more than 5,750 staff years of technical effort 
(staff years) may be funded for defense FFRDCs: Pro-
vided, That of the specific amount referred to previously 
in this subsection, not more than 1,125 staff years may 
be funded for the defense studies and analysis FFRDCs: 
Provided further, That this subsection shall not apply to 
staff years funded in the National Intelligence Program 
(NIP) and the Military Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submis-
sion of the department’s fiscal year 2013 budget request, 
submit a report presenting the specific amounts of staff 
years of technical effort to be allocated for each defense 
FFRDC during that fiscal year and the associated budget 
estimates. 
(f) Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act for FFRDCs 
is hereby reduced by $125,000,000. 
SEC. 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 fa-
cility or property under the control of the Department of 
Defense which were not melted and rolled in the United 
States or Canada: Provided, That these procurement re-
strictions shall apply to any and all Federal Supply Class 
9515, American Society of Testing and Materials (ASTM) 
or American Iron and Steel Institute (AISI) specifications 
of carbon, alloy or armor steel plate: Provided further, 
That the Secretary of the military department responsible 
for the procurement may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate that adequate domestic supplies are not available 
to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order 
to acquire capability for national security purposes: Pro-
vided further, That these restrictions shall not apply to 
contracts which are in being as of the date of the enact-
ment of this Act. 
SEC. 8025. For the purposes of this Act, the term 
‘‘congressional defense committees’’ means the Armed 
Services Committee of the House of Representatives, the 
Armed Services Committee of the Senate, the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representa-
tives. 
SEC. 8026. During the current fiscal year, the De-
partment of Defense may acquire the modification, depot 
maintenance and repair of aircraft, vehicles and vessels 
as well as the production of components and other De-
fense-related articles, through competition between De-
partment of Defense depot maintenance activities and pri-
vate firms: Provided, That the Senior Acquisition Execu-
tive of the military department or Defense Agency con-
cerned, with power of delegation, shall certify that success-
ful bids include comparable estimates of all direct and in-
direct costs for both public and private bids: Provided fur-
ther, That Office of Management and Budget Circular A–
76 shall not apply to competitions conducted under this 
section. 
SEC. 8027. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the 
terms of the agreement by discriminating against certain 
types of products produced in the United States that are 
covered by the agreement, the Secretary of Defense shall 
rescind the Secretary’s blanket waiver of the Buy Amer-
ican Act with respect to such types of products produced 
in that foreign country. 
(2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country 
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products 
in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense 
purchases from foreign entities in fiscal year 2012. Such 
report shall separately indicate the dollar value of items 
for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade 
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a 
party. 
(c) For purposes of this section, the term ‘‘Buy 
American Act’’ means chapter 83 of title 41, United 
States Code. 
SEC. 8028. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by sec-
tion 2921(c)(1) of the National Defense Authorization Act 
of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 
be available until expended for the payments specified by 
section 2921(c)(2) of that Act. 
SEC. 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 Da-
kota, South Dakota, Montana, Oregon, Minnesota, and 
Washington relocatable military housing units located at 
Grand Forks Air Force Base, Malmstrom Air Force Base, 
Mountain Home Air Force Base, Ellsworth Air Force 
Base, and Minot Air Force Base that are excess to the 
needs of the Air Force. 
(b) The Secretary of the Air Force shall convey, at 
no cost to the Air Force, military housing units under sub-
section (a) in accordance with the request for such units
that are submitted to the Secretary by the Operation 
Walking Shield Program on behalf of Indian tribes located 
in the States of Nevada, Idaho, North Dakota, South Da-
kota, Montana, Oregon, Minnesota, and Washington. Any 
such conveyance shall be subject to the condition that the 
housing units shall be removed within a reasonable period 
of time, as determined by the Secretary. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for 
housing units under subsection (a) before submitting re-
quests to the Secretary of the Air Force under subsection 
(b). 
(d) In this section, the term ‘‘Indian tribe’’ means 
any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section 
104 of the Federally Recognized Indian Tribe Act of 1994 
(Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 
1). 
SEC. 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. 
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 
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable 
to the Department of Defense Business Operations Fund 
during fiscal year 1994 and if the purchase of such an 
investment item would be chargeable during the current 
fiscal year to appropriations made to the Department of 
Defense for procurement. 
(b) The fiscal year 2013 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2013 
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be 
budgeted for in a proposed fiscal year 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. 
SEC. 8032. None of the funds appropriated by this 
Act for programs of the Central Intelligence Agency shall 
remain available for obligation beyond the current fiscal
year, except for funds appropriated for the Reserve for 
Contingencies, which shall remain available until Sep-
tember 30, 2013: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intel-
ligence Agency Central Services Working Capital Fund 
during this or any prior or subsequent fiscal year shall 
remain available until expended: Provided further, That 
any funds appropriated or transferred to the Central Intel-
ligence Agency for advanced research and development ac-
quisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of 
the National Security Act of 1947, as amended, shall re-
main available until September 30, 2013. 
SEC. 8033. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence 
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands. 
SEC. 8034. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Main-
tenance, Defense-Wide’’, not less than $12,000,000 shall 
be made available only for the mitigation of environmental 
impacts, including training and technical assistance to
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost 
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities. 
SEC. 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, com-
plies with the Buy American Act. For purposes of this 
subsection, the term ‘‘Buy American Act’’ means chapter 
83 of title 41, United States Code. 
(b) If the Secretary of Defense determines that a per-
son has been convicted of intentionally affixing a label 
bearing a ‘‘Made in America’’ inscription to any product 
sold in or shipped to the United States that is not made 
in America, the Secretary shall determine, in accordance 
with section 2410f of title 10, United States Code, wheth-
er the person should be debarred from contracting with 
the Department of Defense. 
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is 
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase 
only American-made equipment and products, provided 
that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely 
fashion. 
SEC. 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 
activity responsible for the procurement determines— 
(1) as a result of thorough technical evaluation, 
only one source is found fully qualified to perform 
the proposed work; 
(2) the purpose of the contract is to explore an 
unsolicited proposal which offers significant sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or 
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to ensure that a 
new product or idea of a specific concern is given fi-
nancial support: Provided, That this limitation shall 
not apply to contracts in an amount of less than 
$25,000, contracts related to improvements of equip-
ment that is in development or production, or con-
tracts as to which a civilian official of the Depart-
ment of Defense, who has been confirmed by the
Senate, determines that the award of such contract 
is in the interest of the national defense. 
SEC. 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 depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place 
of duty remains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection 
(a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the 
House of Representatives and Senate that the granting 
of the waiver will reduce the personnel requirements or 
the financial requirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the 
National Intelligence Program; 
(2) an Army field operating agency established 
to eliminate, mitigate, or counter the effects of im-
provised explosive devices, and, as determined by the 
Secretary of the Army, other similar threats; or
(3) an Army field operating agency established 
to improve the effectiveness and efficiencies of bio-
metric activities and to integrate common biometric 
technologies throughout the Department of Defense. 
SEC. 8038. The Secretary of Defense, notwith-
standing any other provision of law, acting through the 
Office of Economic Adjustment of the Department of De-
fense, may use funds made available in this Act under the 
heading ‘‘Operation and Maintenance, Defense-Wide’’ to 
make grants and supplement other Federal funds in ac-
cordance with the guidance provided in the explanatory 
statement regarding this Act. 
(RESCISSIONS) 
SEC. 8039. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: 
‘‘National Defense Sealift Fund’’, 2002/XXXX, 
$20,444,000. 
‘‘National Defense Sealift Fund’’, 2003/XXXX, 
$8,500,000. 
‘‘National Defense Sealift Fund’’, 2004/XXXX, 
$6,500,000. 
‘‘Aircraft 
Procurement, 
Navy’’, 
2010/2012, 
$90,000,000.
‘‘Aircraft 
Procurement, 
Navy’’, 
2011/2013, 
$55,000,000. 
‘‘Weapons 
Procurement, 
Navy’’, 
2011/2013, 
$35,427,000. 
‘‘Procurement of Ammunition, Navy and Marine 
Corps’’, 2011/2013, $8,612,000. 
‘‘Shipbuilding and Conversion, Navy’’, 2011/2015, 
$110,351,000. 
‘‘Aircraft Procurement, Air Force’’, 2011/2013, 
$30,000,000. 
‘‘Missile Procurement, Air Force’’, 2011/2013, 
$122,500,000. 
‘‘Other 
Procurement, 
Air 
Force’’, 
2011/2013, 
$90,000,000. 
‘‘Procurement, 
Defense-Wide’’, 
2011/2013, 
$45,000,000. 
‘‘Research, Development, Test and Evaluation, 
Navy’’, 2011/2012, $34,771,000. 
‘‘Research, Development, Test and Evaluation, Air 
Force’’, 2011/2012, $105,000,000. 
‘‘Research, Development, Test and Evaluation, De-
fense-Wide’’, 2011/2012, $318,000,000. 
Notwithstanding any other provision of law, none of the 
funds provided may be used for the construction of addi-
tional sealift capacity, as described under the heading
‘‘National Defense Sealift Fund’’ in Public Law 107–117, 
Public Law 107–248, and Public Law 108–87, or for the 
purposes described in section 115 of division H of Public 
Law 108–199, as amended by section 1017 of division A 
of Public Law 109–13. 
SEC. 8040. None of the funds available in this Act 
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the Army National Guard, 
Air National Guard, Army Reserve and Air Force Reserve 
for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military 
(civilian) technicians, unless such reductions are a direct 
result of a reduction in military force structure. 
SEC. 8041. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose. 
SEC. 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 
activities and programs included within the National Intel-
ligence Program and the Military Intelligence Program: 
Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel 
and training procedures. 
SEC. 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 as-
signed to military treatment facilities below the September 
30, 2003, level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional defense committees that the beneficiary population 
is declining in some catchment areas and civilian strength 
reductions may be consistent with responsible resource 
stewardship and capitation-based budgeting. 
SEC. 8044. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to 
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction 
and counter-drug activities may be transferred to any
other department or agency of the United States except 
as specifically provided in an appropriations law. 
SEC. 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 domestic origin: Provided, That the Secretary of 
the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that 
such an acquisition must be made in order to acquire ca-
pability for national security purposes: Provided further, 
That this restriction shall not apply to the purchase of 
‘‘commercial items’’, as defined by section 103 of title 41, 
United States Code, 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 manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees 
that such an acquisition must be made in order to acquire 
capability for national security purposes that is not avail-
able from United States manufacturers.
SEC. 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 re-
sponsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction 
of another Federal agency not financed by this Act with-
out the express authorization of Congress: Provided, That 
this limitation shall not apply to transfers of funds ex-
pressly provided for in Defense Appropriations Acts, or 
provisions of Acts providing supplemental appropriations 
for the Department of Defense. 
SEC. 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 
expended to transfer to another nation or an international 
organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense commit-
tees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations 
of the Senate are notified 15 days in advance of such 
transfer. 
(b) This section applies to—
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter 
VI or chapter VII of the United Nations Charter 
under the authority of a United Nations Security 
Council resolution; and 
(2) any other international peacekeeping, peace- 
enforcement, or humanitarian assistance operation. 
(c) A notice under subsection (a) shall include the 
following: 
(1) A description of the equipment, supplies, or 
services to be transferred. 
(2) A statement of the value of the equipment, 
supplies, or services to be transferred. 
(3) In the case of a proposed transfer of equip-
ment or supplies— 
(A) a statement of whether the inventory 
requirements of all elements of the Armed 
Forces (including the reserve components) for 
the type of equipment or supplies to be trans-
ferred have been met; and 
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced 
and, if so, how the President proposes to pro-
vide funds for such replacement.
SEC. 8049. None of the funds available to the De-
partment of Defense under this Act shall be obligated or 
expended to pay a contractor under a contract with the 
Department of Defense for costs of any amount paid by 
the contractor to an employee when— 
(1) such costs are for a bonus or otherwise in 
excess of the normal salary paid by the contractor 
to the employee; and 
(2) such bonus is part of restructuring costs as-
sociated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 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 per-
sonnel in connection with support and services for eligible 
organizations and activities outside the Department of De-
fense pursuant to section 2012 of title 10, United States 
Code. 
SEC. 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 
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged 
to any current appropriation account for the same purpose 
as the expired or closed account if— 
(1) the obligation would have been properly 
chargeable (except as to amount) to the expired or 
closed account before the end of the period of avail-
ability or closing of that account; 
(2) the obligation is not otherwise properly 
chargeable to any current appropriation account of 
the Department of Defense; and 
(3) in the case of an expired account, the obli-
gation is not chargeable to a current appropriation 
of the Department of Defense under the provisions 
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law 
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there 
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall 
be reversed and recorded against the expired ac-
count: Provided further, That the total amount 
charged to a current appropriation under this sec-
tion may not exceed an amount equal to 1 percent 
of the total appropriation for that account. 
SEC. 8052. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may per-
mit the use of equipment of the National Guard Distance 
Learning Project by any person or entity on a space-avail-
able, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for 
such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Dis-
tance Learning Project and be available to defray the costs 
associated with the use of equipment of the project under 
that subsection. Such funds shall be available for such 
purposes without fiscal year limitation. 
SEC. 8053. Using funds available by this Act or any 
other Act, the Secretary of the Air Force, pursuant to a 
determination under section 2690 of title 10, United 
States Code, may implement cost-effective agreements for 
required 
heating 
facility 
modernization 
in 
the 
Kaiserslautern Military Community in the Federal Repub-
lic of Germany: Provided, That in the City of 
Kaiserslautern and at the Rhine Ordnance Barracks area,
such agreements will include the use of United States an-
thracite as the base load energy for municipal district heat 
to the United States Defense installations: Provided fur-
ther, That at Landstuhl Army Regional Medical Center 
and Ramstein Air Base, furnished heat may be obtained 
from private, regional or municipal services, if provisions 
are included for the consideration of United States coal 
as an energy source. 
SEC. 8054. None of the funds appropriated in title 
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational 
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development, 
prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this 
restriction does not apply to programs funded within the 
National Intelligence Program: Provided further, That the 
Secretary of Defense may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do 
so. 
SEC. 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 activi-
ties to define and develop a future export version of the 
F–22A that protects classified and sensitive information, 
technologies and U.S. warfighting capabilities. 
SEC. 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 procurement of defense items entered into under 
section 2531 of title 10, United States Code, and the 
country does not discriminate against the same or similar 
defense items produced in the United States for that coun-
try. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on 
or after the date of the enactment of this Act; and 
(2) options for the procurement of items that 
are exercised after such date under contracts that 
are entered into before such date if the option prices
are adjusted for any reason other than the applica-
tion of a waiver granted under subsection (a). 
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by 
section 11 (chapters 50–65) of the Harmonized Tariff 
Schedule and products classified under headings 4010, 
4202, 4203, 6401 through 6406, 6505, 7019, 7218 
through 7229, 7304.41 through 7304.49, 7306.40, 7502 
through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 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 
information from the Department of State that the unit 
has committed a gross violation of human rights, unless 
all necessary corrective steps have been taken. 
(b) The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision 
to conduct any training program referred to in subsection 
(a), full consideration is given to all credible information 
available to the Department of State relating to human 
rights violations by foreign security forces. 
(c) The Secretary of Defense, after consultation with 
the Secretary of State, may waive the prohibition in sub-
section (a) if he determines that such waiver is required 
by extraordinary circumstances. 
(d) Not more than 15 days after the exercise of any 
waiver under subsection (c), the Secretary of Defense shall 
submit a report to the congressional defense committees 
describing the extraordinary circumstances, the purpose 
and duration of the training program, the United States 
forces and the foreign security forces involved in the train-
ing program, and the information relating to human rights 
violations that necessitates the waiver. 
SEC. 8058. None of the funds appropriated or other-
wise made available by this or other Department of De-
fense Appropriations Acts may be obligated or expended 
for the purpose of performing repairs or maintenance to 
military family housing units of the Department of De-
fense, including areas in such military family housing 
units that may be used for the purpose of conducting offi-
cial Department of Defense business. 
SEC. 8059. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’ for any new start advanced concept technology 
demonstration project or joint capability demonstration 
project may only be obligated 30 days after a report, in-
cluding a description of the project, the planned acquisi-
tion and transition strategy, and its estimated annual and 
total cost, has been provided in writing to the congres-
sional defense committees: Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case 
basis by certifying to the congressional defense committees 
that it is in the national interest to do so. 
SEC. 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 
Committees, Subcommittees on Defense on certain mat-
ters 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 Depart-
ment of Defense for goods or services previously provided 
to such department or agency on a reimbursable basis: 
Provided, That this restriction shall not apply if the de-
partment is authorized by law to provide support to such 
department or agency on a nonreimbursable basis, and is 
providing the requested support pursuant to such author-
ity: Provided further, That the Secretary of Defense may 
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that it is in the 
national security interest to do so. 
SEC. 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 ele-
ments of the National Ballistic Missile Defense System. 
SEC. 8063. None of the funds provided in this Act 
may be used to transfer to any nongovernmental entity 
ammunition held by the Department of Defense that has 
a center-fire cartridge and a United States military no-
menclature designation of ‘‘armor penetrator’’, ‘‘armor 
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 
‘‘armor-piercing incendiary-tracer (API-T)’’, except to an 
entity performing demilitarization services for the Depart-
ment of Defense under a contract that requires the entity 
to demonstrate to the satisfaction of the Department of 
Defense that armor piercing projectiles are either: (1) ren-
dered incapable of reuse by the demilitarization process; 
or (2) used to manufacture ammunition pursuant to a con-
tract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Per-
manent Export of Unclassified Military Articles issued by 
the Department of State. 
SEC. 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 fra-
ternal nonprofit organization as may be approved by the 
Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis. 
SEC. 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 Colum-
bia, within the District of Columbia, in which the military 
installation is located: Provided, That in a case in which 
the military installation is located in more than one State, 
purchases may be made in any State in which the installa-
tion is located: Provided further, That such local procure-
ment requirements for malt beverages and wine shall 
apply to all alcoholic beverages only for military installa-
tions in States which are not contiguous with another 
State: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most 
competitive source, price and other factors considered. 
(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: Pro-
vided further, That the Secretary of Defense is authorized 
to enter into and carry out contracts for the acquisition 
of real property, construction, personal services, and oper-
ations related to projects carrying out the purposes of this 
section: Provided further, That contracts entered into 
under the authority of this section may provide for such 
indemnification as the Secretary determines to be nec-
essary: Provided further, That projects authorized by this 
section shall comply with applicable Federal, State, and
local law to the maximum extent consistent with the na-
tional security, as determined by the Secretary of Defense. 
SEC. 8067. Section 8106 of the Department of De-
fense Appropriations Act, 1997 (titles I through VIII of 
the matter under subsection 101(b) of Public Law 104– 
208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con-
tinue in effect to apply to disbursements that are made 
by the Department of Defense in fiscal year 2012. 
SEC. 8068. In addition to amounts provided else-
where in this Act, $4,000,000 is hereby appropriated to 
the Department of Defense, to remain available for obliga-
tion until expended: Provided, That notwithstanding any 
other provision of law, that upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, these funds shall be available only for a grant to the 
Fisher House Foundation, Inc., only for the construction 
and furnishing of additional Fisher Houses to meet the 
needs of military family members when confronted with 
the illness or hospitalization of an eligible military bene-
ficiary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. Of the amounts appropriated in this Act 
under the headings ‘‘Procurement, Defense-Wide’’ and 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’, $235,700,000 shall be for the Israeli Cooperative
Programs: Provided, That of this amount, $110,500,000 
shall be for the Short Range Ballistic Missile Defense 
(SRBMD) program, including cruise missile defense re-
search and development under the SRBMD program, of 
which $15,000,000 shall be for production activities of 
David Sling Weapon System missiles in the United States 
and in Israel to meet Israel’s defense requirements, con-
sistent with each nation’s laws, regulations, and proce-
dures, $66,200,000 shall be available for an upper-tier 
component to the Israeli Missile Defense architecture, and 
$59,000,000 shall be for the Arrow System Improvement 
Program including development of a long range, ground 
and airborne, detection suite: Provided further, That funds 
made available under this provision for production of mis-
siles and missile components may be transferred to appro-
priations 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 appropria-
tion to which transferred: Provided further, That the 
transfer authority provided under this provision is in addi-
tion to any other transfer authority contained in this Act. 
SEC. 8070. None of the funds available to the De-
partment of Defense may be obligated to modify command 
and control relationships to give Fleet Forces Command 
administrative and operational control of United States
Navy forces assigned to the Pacific fleet: Provided, That 
the command and control relationships which existed on 
October 1, 2004, shall remain in force unless changes are 
specifically authorized in a subsequent Act. 
(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 same purposes as the appropriations to which 
transferred: 
To: 
Under the heading ‘‘Shipbuilding and Conver-
sion, Navy, 2005/2012’’: LPD–17 Amphibious 
Transport Dock Program $18,627,000. 
Under the heading ‘‘Shipbuilding and Conver-
sion, Navy, 2006/2012’’: LPD–17 Amphibious 
Transport Dock Program $23,437,000. 
Under the heading ‘‘Shipbuilding and Conver-
sion, Navy, 2008/2012’’: LPD–17 Amphibious 
Transport Dock Program $31,928,000.
SEC. 8072. Notwithstanding any other provision of 
law or regulation, the Secretary of Defense may exercise 
the provisions of section 7403(g) of title 38, United States 
Code, for occupations listed in section 7403(a)(2) of title 
38, United States Code, as well as the following: 
Pharmacists, Audiologists, Psychologists, Social 
Workers, 
Othotists/Prosthetists, 
Occupational 
Therapists, 
Physical 
Therapists, 
Rehabilitation 
Therapists, Respiratory Therapists, Speech Patholo-
gists, Dietitian/Nutritionists, Industrial Hygienists, 
Psychology Technicians, Social Service Assistants, 
Practical Nurses, Nursing Assistants, and Dental 
Hygienists: 
(1) The requirements of section 
7403(g)(1)(A) of title 38, United States 
Code, shall apply. 
(2) 
The 
limitations 
of 
section 
7403(g)(1)(B) of title 38, United States 
Code, shall not apply. 
SEC. 8073. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2012 until the enactment of the Intelligence Author-
ization Act for Fiscal Year 2012. 
SEC. 8074. None of the funds provided in this Act 
shall be available for obligation or expenditure through a 
reprogramming of funds that creates or initiates a new 
program, project, or activity unless such program, project, 
or activity must be undertaken immediately in the interest 
of national security and only after written prior notifica-
tion to the congressional defense committees. 
SEC. 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 sepa-
rate budget justification documents for costs of United 
States Armed Forces’ participation in contingency oper-
ations for the Military Personnel accounts, the Operation 
and Maintenance accounts, and the Procurement ac-
counts: Provided, That these documents shall include a de-
scription of the funding requested for each contingency op-
eration, for each military service, to include all Active and 
Reserve components, and for each appropriations account: 
Provided further, That these documents shall include esti-
mated costs for each element of expense or object class, 
a reconciliation of increases and decreases for each contin-
gency operation, and programmatic data including, but 
not limited to, troop strength for each Active and Reserve
component, and estimates of the major weapons systems 
deployed in support of each contingency: Provided further, 
That these documents shall include budget exhibits OP– 
5 and OP–32 (as defined in the Department of Defense 
Financial Management Regulation) for all contingency op-
erations for the budget year and the two preceding fiscal 
years. 
SEC. 8076. None of the funds in this Act may be 
used for research, development, test, evaluation, procure-
ment or deployment of nuclear armed interceptors of a 
missile defense system. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8077. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$44,000,000 is hereby appropriated to the Department of 
Defense: Provided, That upon the determination of the 
Secretary of Defense that it shall serve the national inter-
est, he shall make grants in the amounts specified as fol-
lows: $20,000,000 to the United Service Organizations 
and $24,000,000 to the Red Cross. 
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
levels funded in this Act: Provided, That the Air Force 
shall allow the 53rd Weather Reconnaissance Squadron to 
perform other missions in support of national defense re-
quirements during the non-hurricane season. 
SEC. 8079. None of the funds provided in this Act 
shall be available for integration of foreign intelligence in-
formation unless the information has been lawfully col-
lected and processed during the conduct of authorized for-
eign intelligence activities: Provided, That information 
pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as imple-
mented through Executive Order No. 12333. 
SEC. 8080. (a) At the time members of reserve com-
ponents of the Armed Forces are called or ordered to ac-
tive duty under section 12302(a) of title 10, United States 
Code, each member shall be notified in writing of the ex-
pected period during which the member will be mobilized. 
(b) The Secretary of Defense may waive the require-
ments of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a 
national security emergency or to meet dire operational 
requirements of the Armed Forces.
(INCLUDING TRANSFER OF FUNDS) 
SEC. 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 ad-
justments for any ship construction program appropriated 
in law: Provided, That the Secretary may transfer not to 
exceed $100,000,000 under the authority provided by this 
section: Provided further, That the Secretary may not 
transfer any funds until 30 days after the proposed trans-
fer has been reported to the Committees on Appropria-
tions of the House of Representatives and the Senate un-
less a response from the Committees is received sooner: 
Provided further, That any funds transferred pursuant to 
this section shall retain the same period of availability as 
when originally appropriated: Provided further, That the 
transfer authority provided by this section is in addition 
to any other transfer authority contained elsewhere in this 
Act. 
SEC. 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 sub-
division 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 develop-
ment, acquisition, or other program authority relating to 
current tactical unmanned aerial vehicles (TUAVs) from 
the Army. 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Sky Warrior Unmanned 
Aerial Vehicle (UAV) in order to support the Secretary 
of Defense in matters relating to the employment of un-
manned aerial vehicles. 
SEC. 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 Re-
gional Initiative Program for the purpose of enabling the 
Pacific Command to execute Theater Security Cooperation 
activities such as humanitarian assistance, and payment 
of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds 
made available for this purpose may be used, notwith-
standing any other funding authorities for humanitarian 
assistance, security assistance or combined exercise ex-
penses: Provided further, That funds may not be obligated 
to provide assistance to any foreign country that is other-
wise prohibited from receiving such type of assistance 
under any other provision of law. 
SEC. 8085. None of the funds appropriated by this 
Act for programs of the Office of the Director of National 
Intelligence shall remain available for obligation beyond 
the current fiscal year, except for funds appropriated for 
research and technology, which shall remain available until 
September 30, 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. 
SEC. 8087. Notwithstanding any other provision of 
law, not more than 35 percent of funds provided in this 
Act for environmental remediation may be obligated under 
indefinite delivery/indefinite quantity contracts with a 
total contract value of $130,000,000 or higher. 
SEC. 8088. The Director of National Intelligence 
shall include the budget exhibits identified in paragraphs
(1) and (2) as described in the Department of Defense 
Financial Management Regulation with the congressional 
budget justification books: 
(1) For procurement programs requesting more 
than $10,000,000 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 $5,000,000 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 Secretary of Defense shall create a 
major force program category for space for each future- 
years defense program of the Department of Defense sub-
mitted to Congress under section 221 of title 10, United 
States Code, during fiscal year 2012. The Secretary of De-
fense shall designate an official in the Office of the Sec-
retary of Defense to provide overall supervision of the 
preparation and justification of program recommendations 
and budget proposals to be included in such major force 
program category.
SEC. 8090. (a) Not later than 60 days after enact-
ment of this Act, 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 pursuant to section 
8092 of this Act 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 re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation by Expenditure Center, project, and sub-
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 pursuant to section 8092 of this 
Act until the report identified in subsection (a) is sub-
mitted to the congressional intelligence committees, unless 
the Director of National Intelligence certifies in writing 
15 days in advance to the congressional intelligence com-
mittees that such reprogramming or transfer is necessary 
as an emergency requirement. 
SEC. 8091. (a) None of the funds provided for the 
National Intelligence Program in this or any prior appro-
priations Act shall be available for obligation or expendi-
ture through a reprogramming or transfer of funds in ac-
cordance with section 102A(d) of the National Security 
Act of 1947 (50 U.S.C. 403–1(d)) that— 
(1) creates a new program, project, or sub-
project; 
(2) eliminates a program, project, or subproject; 
(3) increases funds or personnel by any means 
for any program, project, or subproject; 
(4) for which funds have been denied or re-
stricted; 
(5) relocates an office or employees; or 
(6) reorganizes or renames an office, 
unless the Committees on Appropriations of the House of 
Representatives and the Senate are notified 15 days in 
advance of such reprogramming of funds. 
(b) None of the funds provided for the National Intel-
ligence Program in this or any prior appropriations Act 
shall be available for obligation or expenditure through a 
reprogramming or transfer of funds in accordance with 
section 102A(d) of the National Security Act of 1947 (50
U.S.C. 403–1(d)) in excess of $1,000,000 or 10 percent, 
whichever is less, that— 
(1) augments existing programs, projects, or 
subprojects; 
(2) reduces by 10 percent funding for any exist-
ing program, project, or subproject or the number of 
personnel by 10 percent as approved by Congress; or 
(3) results from any general savings, including 
savings from a reduction in personnel costs, which 
would result in a change in existing programs, 
projects, or subprojects as approved by Congress, 
unless the Appropriations Committees of both Houses of 
Congress are notified 15 days in advance of such re-
programming of funds. 
SEC. 8092. The Director of National Intelligence 
shall submit to Congress each year, at or about the time 
that the President’s budget is submitted to Congress that 
year under section 1105(a) of title 31, United States 
Code, a future-years intelligence program (including asso-
ciated annexes) reflecting the estimated expenditures and 
proposed appropriations included in that budget. Any such 
future-years intelligence program shall cover the fiscal 
year with respect to which the budget is submitted and 
at least the four succeeding fiscal years.
SEC. 8093. For the purposes of this Act, the term 
‘‘congressional intelligence committees’’ means the Perma-
nent Select Committee on Intelligence of the House of 
Representatives, the Select Committee on Intelligence of 
the Senate, the Subcommittee on Defense of the Com-
mittee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on 
Appropriations of the Senate. 
SEC. 8094. The Department of Defense shall con-
tinue to report incremental contingency operations costs 
for Operation New Dawn and Operation Enduring Free-
dom on a monthly basis in the Cost of War Execution 
Report as prescribed in the Department of Defense Finan-
cial Management Regulation Department of Defense In-
struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 
Operations’’, Annex 1, dated September 2005. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8095. During the current fiscal year, not to ex-
ceed $11,000,000 from each of the appropriations made 
in title II of this Act for ‘‘Operation and Maintenance, 
Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-
ation and Maintenance, Air Force’’ may be transferred by 
the military department concerned to its central fund es-
tablished for Fisher Houses and Suites pursuant to sec-
tion 2493(d) of title 10, United States Code.
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8096. Of the funds appropriated in the Intel-
ligence Community Management Account for the Program 
Manager for the Information Sharing Environment, 
$22,000,000 is available for transfer by the Director of 
National Intelligence to other departments and agencies 
for purposes of Government-wide information sharing ac-
tivities: Provided, That funds transferred under this provi-
sion are to be merged with and available for the same pur-
poses and time period as the appropriation to which trans-
ferred: Provided further, That the Office of Management 
and Budget must approve any transfers made under this 
section: Provided further, That the Director of National 
Intelligence shall notify the Committees on Appropriations 
of the House of Representatives and the Senate of such 
transfers pursuant to section pursuant to the reprogram-
ming procedures established in sections 8090 and 8091. 
SEC. 8097. Funds appropriated by this Act for oper-
ation and maintenance may be available for the purpose 
of making remittances to the Defense Acquisition Work-
force Development Fund in accordance with the require-
ments of section 1705 of title 10, United States Code. 
SEC. 8098. (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and 
(c), post on the public website of that agency any report
required to be submitted by the Congress in this or any 
other Act, upon the determination by the head of the agen-
cy that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report com-
promises national security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall 
do so only after such report has been made available to 
the requesting Committee or Committees of Congress for 
no less than 45 days. 
SEC. 8099. (a) None of the funds appropriated or 
otherwise made available by this Act may be expended for 
any Federal contract for an amount in excess of 
$1,000,000, unless the contractor agrees not to— 
(1) enter into any agreement with any of its 
employees or independent contractors that requires, 
as a condition of employment, that the employee or 
independent contractor agree to resolve through ar-
bitration any claim under title VII of the Civil 
Rights Act of 1964 or any tort related to or arising 
out of sexual assault or harassment, including as-
sault and battery, intentional infliction of emotional 
distress, false imprisonment, or negligent hiring, su-
pervision, or retention; or
100 
(2) take any action to enforce any provision of 
an existing agreement with an employee or inde-
pendent contractor that mandates that the employee 
or independent contractor resolve through arbitra-
tion any claim under title VII of the Civil Rights Act 
of 1964 or any tort related to or arising out of sex-
ual assault or harassment, including assault and 
battery, intentional infliction of emotional distress, 
false imprisonment, or negligent hiring, supervision, 
or retention. 
(b) None of the funds appropriated or otherwise 
made available by this Act may be expended for any Fed-
eral contract unless the contractor certifies that it requires 
each covered subcontractor to agree not to enter into, and 
not to take any action to enforce any provision of, any 
agreement as described in paragraphs (1) and (2) of sub-
section (a), with respect to any employee or independent 
contractor performing work related to such subcontract. 
For purposes of this subsection, a ‘‘covered subcon-
tractor’’ is an entity that has a subcontract in excess of 
$1,000,000 on a contract subject to subsection (a). 
(c) The prohibitions in this section do not apply with 
respect to a contractor’s or subcontractor’s agreements 
with employees or independent contractors that may not 
be enforced in a court of the United States.
101 
(d) The Secretary of Defense may waive the applica-
tion of subsection (a) or (b) to a particular contractor or 
subcontractor for the purposes of a particular contract or 
subcontract if the Secretary or the Deputy Secretary per-
sonally determines that the waiver is necessary to avoid 
harm to national security interests of the United States, 
and that the term of the contract or subcontract is not 
longer than necessary to avoid such harm. The determina-
tion shall set forth with specificity the grounds for the 
waiver and for the contract or subcontract term selected, 
and shall state any alternatives considered in lieu of a 
waiver and the reasons each such alternative would not 
avoid harm to national security interests of the United 
States. The Secretary of Defense shall transmit to Con-
gress, and simultaneously make public, any determination 
under this subsection not less than 15 business days be-
fore the contract or subcontract addressed in the deter-
mination may be awarded. 
SEC. 8100. (a)(1) No National Intelligence Program 
funds appropriated in this Act may be used for a mission 
critical or mission essential business management infor-
mation technology system that is not registered with the 
Director of National Intelligence. A system shall be con-
sidered to be registered with that officer upon the fur-
nishing notice of the system, together with such informa-
102 
tion concerning the system as the Director of the Business 
Transformation Office may prescribe. 
(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. 8101. 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. 8102. Within the funds appropriated for oper-
ation and maintenance for the Defense Health Program 
in this Act, up to $132,200,000, shall be available for 
transfer to the Joint Department of Defense—Depart-
ment of Veterans Affairs Medical Facility Demonstration 
Fund in accordance with the provisions of section 1704 
of the National Defense Authorization Act for Fiscal Year 
2010, Public Law 111–84: Provided, That for purposes
103 
of section 1704(b), the facility operations funded are oper-
ations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Vet-
erans Affairs Medical Center, the Navy Ambulatory Care 
Center, and supporting facilities designated as a combined 
Federal medical facility as described by section 706 of 
Public Law 110–417: Provided further, That additional 
funds may be transferred from funds appropriated for op-
eration and maintenance for the Defense Health Program 
to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund upon 
written notification by the Secretary of Defense to the 
Committees on Appropriations of the House of Represent-
atives and the Senate. 
SEC. 8103. The Secretaries of the Army, Navy, Air 
Force, and the Directors of the Defense Agencies and 
Field Activities (in coordination with the appropriate Prin-
cipal Staff Assistant), in coordination with the Under Sec-
retary of Defense for Personnel and Readiness, shall re-
port to the congressional defense committees within 60 
days of enactment of this Act their plan for documenting 
the number of full-time contractor employees (or its equiv-
alent), as required by United States Code title 10, section 
2330a.
104 
SEC. 8104. Section 310(b) of the Supplemental Ap-
propriations Act, 2009 (Public Law 111–32; 124 Stat. 
1871), as amended by Public Law 112–10, is amended 
by striking ‘‘2 years’’ both places it appears and inserting 
‘‘3 years’’. 
SEC. 8105. The Office of the Director of National 
Intelligence shall not employ more Senior Executive and 
General Schedule 15 equivalent employees than are speci-
fied in the classified annex: Provided, That, notwith-
standing any other provision of law, the Office of the Di-
rector of National Intelligence shall select individuals for 
Senior Executive positions in a manner consistent with all 
requirements established in statute and all Office of Per-
sonnel Management regulations, guidance and procedures 
governing the appointment of individuals to the Senior Ex-
ecutive Service for other Federal agencies: Provided fur-
ther, That the Director of National Intelligence shall cer-
tify within 90 days of enactment of this Act to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate that the Office of the Director of National 
Intelligence, in consultation with the Director of the Office 
of Personnel Management, has revised it selection process 
for Senior Executive positions to conform with Office of 
Personnel Management regulations, requirements, and 
procedures: Provided further, That during fiscal year
105 
2012, the Office of the Director of National Intelligence 
shall not appoint any individual to a Senior Executive po-
sition if that person was not serving in a Senior Executive 
position in fiscal year 2011 until the Director of National 
Intelligence has submitted its new policies and procedures 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate. 
SEC. 8106. 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. 8107. 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 per-
sonnel or for force protection purposes up to a limit of 
$250,000 per vehicle, notwithstanding price or other limi-
tations applicable to the purchase of passenger carrying 
vehicles. 
SEC. 8108. Of the amounts appropriated for Military 
Personnel under title I of the Act, not to exceed 1 percent
106 
of each appropriation shall remain available until Sep-
tember 30, 2013. 
SEC. 8109. Of the amounts appropriated for ‘‘Oper-
ation and Maintenance, Defense-Wide’’, $33,000,000 shall 
be available to the Secretary of Defense, notwithstanding 
any other provision of law, acting through the Office of 
Economic Adjustment of the Department of Defense, to 
make grants, conclude cooperative agreements, and sup-
plement other Federal funds, to remain available until ex-
pended, to assist the civilian population of Guam in re-
sponse to the military buildup of Guam, to include ad-
dressing the need for vehicles and supplies for civilian stu-
dent transportation, preservation and repository of arti-
facts unearthed during military construction, and con-
struction of a mental health and substance abuse facility. 
SEC. 8110. None of the funds made available by this 
Act may be used by the Secretary of Defense to operate 
more than 1,000 parking spaces provided by the combina-
tion spaces provided by the BRAC 133 project and the 
lease of spaces in the immediate vicinity of the BRAC 133 
project. 
SEC. 8111. (a) None of the funds provided in this 
title for Operation and Maintenance may be available for 
obligation or expenditure to relocate Air Force program 
offices, or acquisition management functions of major
107 
weapons systems, to a central location, or to any location 
other than the Air Force Material Command site where 
they are currently located until 30 days after the Sec-
retary of the Air Force submits the initial report under 
subsection (b). 
(b) The Secretary of the Air Force shall submit to 
the congressional defense committees a report which in-
cludes the following: a listing of all Air Force Material 
Command functions to be transferred and an identifica-
tion of the locations where these functions will be trans-
ferred from and to; a listing of all Air Force Material 
Command personnel positions to be transferred and an 
identification of the locations these positions will be trans-
ferred from and to; and the cost benefit analysis and the 
life-cycle cost analysis underpinning the Secretary of the 
Air Forces decisions to relocate Air Force Material Com-
mand functions and personnel. 
SEC. 8112. Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall resume monthly reporting of the numbers of civilian 
personnel end strength by appropriation account for each 
and every appropriation account used to finance Federal 
civilian personnel salaries to the congressional defense 
committees.
108 
SEC. 8113. In addition to amounts provided else-
where in this Act, $10,000,000 is hereby appropriated, for 
an additional amount for ‘‘Research, Development, Test 
and Evaluation, Army’’, to remain available until Sep-
tember 30, 2013. Such funds may be available for the Sec-
retary of the Army to conduct research on alternative en-
ergy resources for deployed forces. 
SEC. 8114. (a) None of the funds appropriated in this 
Act for the National Intelligence Program or the Military 
Intelligence Program are available to establish a new fed-
erally funded research and development center (FFRDC), 
either as a new entity, or as a separate entity adminis-
trated by an organization managing another FFRDC, or 
as a nonprofit membership corporation consisting of a con-
sortium of other FFRDCs and other nonprofit entities. 
(b) No member of a Board of Directors, Trustees, 
Overseers, Advisory Group, Special Issues Panel, Visiting 
Committee, or any similar entity of a defense or intel-
ligence FFRDC, and no paid consultant to any defense 
or intelligence FFRDC, except when acting in a technical 
advisory capacity, may be compensated for his or her serv-
ices as a member of such entity, or as a paid consultant 
by more than one FFRDC in a fiscal year: Provided, That 
a member of any such entity referred to previously in this 
subsection shall be allowed travel expenses and per diem
109 
as authorized under the Federal Joint Travel Regulations, 
when engaged in the performance of membership duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to a National Intelligence Program 
or Military Intelligence Program from any source during 
fiscal year 2012 may be used by a defense or intelligence 
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 contribu-
tions, not to include employee participation in community 
service and/or development. 
(d) Notwithstanding any other provision of law, of 
the funds available to the National Intelligence Program 
or Military Intelligence Program during fiscal year 2012, 
the total level of funding and staff years of technical effort 
(staff years) for FFRDCs shall not exceed the allocation 
included in the classified annex accompanying this Act. 
(e) The Secretary of Defense and the Director of Na-
tional Intelligence shall, with the submission of the fiscal 
year 2013 budget request, submit a report presenting the 
specific amounts of staff years of technical effort to be 
allocated for each FFRDC during that fiscal year and the 
associated budget estimates for the National Intelligence 
Programs and Military Intelligence Programs: Provided,
110 
That such information shall be provided in a classified 
manner. 
(f) Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act for National In-
telligence Program and Military Intelligence Program 
FFRDCs is hereby reduced by the amount specified in the 
classified annex. 
SEC. 8115. The Secretary of Defense shall study and 
report to the Congressional Defense Committees the feasi-
bility of using commercially available telecommunications 
expense management solutions across the Department of 
Defense by March 1, 2012. 
SEC. 8116. None of the funds appropriated in this 
or any other Act may be used to plan, prepare for, or oth-
erwise take any action to undertake or implement the sep-
aration of the National Intelligence Program budget from 
the Department of Defense budget. 
SEC. 8117. None of the funds appropriated in title 
II in this Act for ‘‘Operation and Maintenance’’ may be 
used for Information Operations/Military Information 
Support Operations activities. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8118. Upon a determination by the Director of 
National Intelligence that such action is necessary and in 
the national interest, the Director may, with the approval
111 
of the Office of Management and Budget, transfer not to 
exceed $1,000,000,000 of the funds made available in this 
Act to the intelligence community and the associated 
Agencies for intelligence functions (except military con-
struction) between such appropriations or funds or any 
subdivision thereof, to be merged with and to be available 
for the same purposes, and for the same time period, as 
the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless 
for higher priority items, based on unforeseen intelligence 
requirements, than those for which originally appropriated 
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further, 
That such transfers shall be made only in accordance with 
sections 8091 and 8092 of the Act: Provided further, That 
no part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropria-
tions of the House of Representatives and Senate for re-
programming of funds, unless for higher priority items, 
based on unforeseen military requirements, than those for 
which originally appropriated and in no case where the 
item for which reprogramming is requested has been de-
nied by the Congress: Provided further, That a request for 
multiple reprogrammings of funds using authority pro-
vided in this section shall be made prior to June 30, 2012.
112 
SEC. 8119. Notwithstanding any other provision of 
this Act, to reflect savings from revised economic assump-
tions, the total amount appropriated in title II of this Act 
is hereby reduced by $501,800,000, the total amount ap-
propriated in title III of this Act is hereby reduced by 
$484,800,000, and the total amount appropriated in title 
IV of this Act is hereby reduced by $323,500,000: Pro-
vided, That the Secretary of Defense shall allocate this 
reduction proportionally to each budget activity, activity 
group, subactivity group, and each program, project, and 
activity, within each appropriation account. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8120. In addition to amounts provided else-
where in this Act, there is appropriated $250,000,000, for 
an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, to be available until expended: Provided, 
That such funds shall only be available to the Secretary 
of Defense, acting through the Office of Economic Adjust-
ment of the Department of Defense, or for transfer to the 
Secretary of Education, notwithstanding any other provi-
sion of law, to make grants, conclude cooperative agree-
ments, or supplement other Federal funds to construct, 
renovate, repair, or expand elementary and secondary pub-
lic schools on military installations in order to address ca-
pacity or facility condition deficiencies at such schools:
113 
Provided further, That in making such funds available, the 
Office of Economic Adjustment or the Secretary of Edu-
cation shall give priority consideration to those military 
installations with schools having the most serious capacity 
or facility condition deficiencies as determined by the Sec-
retary of Defense. 
SEC. 8121. None of the funds appropriated or other-
wise made available in this or any other Act may be used 
to transfer, release, or assist in the transfer or release to 
or within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other 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. 8122. (a)(1) Except as provided in paragraph 
(2), none of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer 
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 certifi-
cation described in subsection (b) by not later than 30 
days before the transfer of the individual.
114 
(2) Paragraph (1) shall not apply to any action taken 
by the Secretary of Defense to transfer any individual de-
tained at Guantanamo to effectuate an order affecting the 
disposition of the individual that is issued by a court or 
competent tribunal of the United States having lawful ju-
risdiction. The Secretary of Defense shall notify Congress 
promptly upon issuance of any such order. 
(b) The certification described in this subsection is 
a written certification made by the Secretary of Defense, 
with the concurrence of the Secretary of State, that the 
government of the foreign country or the recognized lead-
ership of the foreign entity to which the individual de-
tained at Guantanamo is to be transferred— 
(1) is not a designated state sponsor of ter-
rorism or a designated foreign terrorist organization; 
(2) maintains effective control over each deten-
tion facility in which an individual is to be detained 
if the individual is to be housed in a detention facil-
ity; 
(3) is not, as of the date of the certification, 
facing a threat that is likely to substantially affect 
its ability to exercise control over the individual; 
(4) has agreed to take effective steps to ensure 
that the individual cannot take action to threaten
115 
the United States, its citizens, or its allies in the fu-
ture; 
(5) has taken such steps as the Secretary deter-
mines are necessary to ensure that the individual 
cannot engage or reengage in any terrorist activity; 
(6) has agreed to share any information with 
the United States that— 
(A) is related to the individual or any asso-
ciates of the individual; and 
(B) could affect the security of the United 
States, its citizens, or its allies; and 
(7) has agreed to allow appropriate agencies of 
the United States to have access to the individual, 
if requested. 
(c)(1) Except as provided in paragraph (3), none of 
the funds appropriated or otherwise made available in this 
or any other Act may be used to transfer 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 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 ter-
rorist activity.
116 
(2) The Secretary of Defense may waive the prohibi-
tion in paragraph (1) if the Secretary determines that 
such a transfer is in the national security interests of the 
United States and includes, as part of the certification de-
scribed in subsection (b) relating to such transfer, the de-
termination of the Secretary under this paragraph. 
(3) Paragraph (1) shall not apply to any action taken 
by the Secretary to transfer any individual detained at 
Guantanamo to effectuate an order affecting the disposi-
tion of the individual that is issued by a court or com-
petent tribunal of the United States having lawful jurisdic-
tion. The Secretary shall notify Congress promptly upon 
issuance of any such order. 
(d) For the purposes of this section: 
(1) The term ‘‘individual detained at Guanta-
namo’’ means any individual who is located at 
United States Naval Station, Guantanamo Bay, 
Cuba, as of October 1, 2009, who— 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is— 
(i) in the custody or under the effec-
tive control of the Department of Defense; 
or
117 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
(2) The term ‘‘foreign terrorist organization’’ 
means any organization so designated by the Sec-
retary of State under section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189). 
SEC. 8123. (a) None of the funds appropriated or 
otherwise made available by this or any other Act may 
be used to modify any facility in the United States, its 
territories, or possessions to house any individual de-
scribed in subsection (c) for the purposes of detention or 
imprisonment in the custody or under the effective control 
of the Department of Defense. 
(b) The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval 
Station, Guantanamo Bay, Cuba. 
(c) An individual described in this subsection is any 
individual who, as of June 24, 2009, is located at United 
States Naval Station, Guantanamo Bay, Cuba, and who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is—
118 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba. 
SEC. 8124. (a) IN GENERAL.—Of the funds made 
available to the Department of Defense under ‘‘Operation 
and Maintenance, Defense-Wide’’ in title II, $1,000,000 
shall be available to the Department to commission 
through a competitive, independent, private sector entity 
that is an organization described in section 501(c)(3) of 
the Internal Revenue Code of 1986 and exempt from tax 
under section 501(a) of such Code, and has recognized 
credentials and expertise in military affairs, to conduct a 
forward-looking, independent assessment of the current 
and prospective situation on the ground in Afghanistan 
and Pakistan, its impact on the surrounding region, and 
its consequences for United States interests. The entity 
shall examine 4 broad topic areas to include the strategic 
environment in and around Afghanistan and Pakistan, as 
well as security, political, and economic and reconstruction 
developments in those 2 countries. 
(b) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the entity described in sub-
section (a) shall submit to the President and the Congress 
a report on the assessment conducted under subsection
119 
(a), including relevant policy recommendations relating 
thereto. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the entity described in subsection (a) should 
be modeled on the Iraq Study Group. 
SEC. 8125. Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report 
on the approximately $100,000,000,000 in efficiency sav-
ings identified by the military departments in the defense 
budget covering fiscal years 2012 through 2016 that are 
to be reinvested in the priorities of the military depart-
ments. Such report shall include an analysis of— 
(1) each savings identified by the military de-
partments, including— 
(A) the budget account from which such 
savings will be derived; 
(B) the number of military personnel and 
full-time civilian employees of the Federal Gov-
ernment affected by such savings; 
(C) the estimated reductions in the number 
and funding of contractor personnel caused by 
such savings; and 
(D) a specific description of activities or 
services that will be affected by such savings,
120 
including the locations of such activities or serv-
ices; and 
(2) each reinvestment planned to be funded 
with such savings, including— 
(A) with respect to such reinvestment in 
procurement and research, development, test 
and evaluation accounts, the budget account to 
which such savings will be reinvested, including, 
by line item, the number of items to be pro-
cured, as shown in annual P–1 and R–1 docu-
ments; 
(B) with respect to such reinvestment in 
military personnel and operation and mainte-
nance accounts, the budget account and the 
subactivity (as shown in annual–1 and O–1 
budget documents) to which such savings will 
be reinvested; 
(C) the number of military personnel and 
full-time civilian employees of the Federal Gov-
ernment affected by such reinvestment; 
(D) the estimated number and funding of 
contractor personnel affected by such reinvest-
ment; and 
(E) a specific description of activities or 
services that will be affected by such reinvest-
121 
ment, including the locations of such activities 
or services. 
SEC. 8126. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration that any unpaid Federal tax liability that has 
been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that 
is not being paid in a timely manner pursuant to an agree-
ment with the authority responsible for collecting the tax 
liability. 
SEC. 8127. None of the funds made available by this 
Act may be used to enter into a contract, memorandum 
of understanding, or cooperative agreement with, make a 
grant to, or provide a loan or loan guarantee to, any cor-
poration that was convicted of a felony criminal violation 
under any Federal law within the preceding 24 months. 
TITLE IX 
OVERSEAS CONTINGENCY OPERATIONS 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $6,822,635,000: Provided, That each amount in 
this paragraph is designated as being for the global war
122 
on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $919,034,000: Provided, That each amount in this 
paragraph is designated as being for the global war on 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $675,360,000: Provided, That each 
amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress). 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $1,436,353,000: Provided, That each amount 
in this paragraph is designated as being for the global war 
on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $207,162,000: Provided, That each amount in this 
paragraph is designated as being for the global war on
123 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $44,530,000: Provided, That each amount in this 
paragraph is designated as being for the global war on 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, 
Marine Corps’’, $25,421,000: Provided, That each amount 
in this paragraph is designated as being for the global war 
on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, 
Air Force’’, $26,815,000: Provided, That each amount in 
this paragraph is designated as being for the global war 
on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $646,879,000: Provided, That each 
amount in this paragraph is designated as being for the
124 
global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress). 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Per-
sonnel, Air Force’’, $9,435,000: Provided, That each 
amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress). 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $39,175,755,000: Provided, That each 
amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress). 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $6,749,489,000: Provided, That each 
amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress). 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $3,571,210,000: Provided, That 
each amount in this paragraph is designated as being for
125 
the global war on terrorism pursuant to section 301 of 
H. Con. Res. 34 (112th Congress). 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $10,739,587,000: Provided, That 
each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of 
H. Con. Res. 34 (112th Congress). 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $9,312,876,000: Provided, That 
each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of 
H. Con. Res. 34 (112th Congress): Provided further, That 
of the funds provided under this heading: 
(1) Not to exceed $12,500,000 for the Combat-
ant Commander Initiative Fund, to be used in sup-
port of Operation New Dawn and Operation Endur-
ing Freedom. 
(2) Not to exceed $1,750,000,000, to remain 
available until expended, for payments to reimburse 
key cooperating nations for logistical, military, and 
other support, including access provided to United 
States military operations in support of Operation 
New Dawn and Operation Enduring Freedom, not-
126 
withstanding any other provision of law: Provided, 
That such reimbursement payments may be made in 
such amounts as the Secretary of Defense, with the 
concurrence of the Secretary of State, and in con-
sultation with the Director of the Office of Manage-
ment and Budget, may determine, in his discretion, 
based on documentation determined by the Secretary 
of Defense to adequately account for the support 
provided, and such determination is final and con-
clusive upon the accounting officers of the United 
States, and 15 days following notification to the ap-
propriate congressional committees: Provided further, 
That the requirement to provide notification shall 
not apply with respect to a reimbursement for access 
based on an international agreement: Provided fur-
ther, That these funds may be used for the purpose 
of providing specialized training and procuring sup-
plies and specialized equipment and providing such 
supplies and loaning such equipment on a non-reim-
bursable basis to coalition forces supporting United 
States military operations in Iraq and Afghanistan, 
and 15 days following notification to the appropriate 
congressional committees: Provided further, That the 
Secretary of Defense shall provide quarterly reports
127 
to the congressional defense committees on the use 
of funds provided in this paragraph. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Army Reserve’’, $217,500,000: Provided, That 
each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of 
H. Con. Res. 34 (112th Congress). 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Navy Reserve’’, $74,148,000: Provided, That 
each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of 
H. Con. Res. 34 (112th Congress). 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps Reserve’’, $36,084,000: Provided, 
That each amount in this paragraph is designated as 
being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress). 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force Reserve’’, $142,050,000: Provided, 
That each amount in this paragraph is designated as
128 
being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress). 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Army National Guard’’, $387,544,000: Provided, 
That each amount in this paragraph is designated as 
being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress). 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Air National Guard’’, $34,050,000: Provided, 
That each amount in this paragraph is designated as 
being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress). 
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
In addition to amounts provided elsewhere in this 
Act, there is appropriated $5,000,000,000 for the ‘‘Over-
seas Contingency Operations Transfer Fund’’ for expenses 
directly relating to overseas contingency operations by 
United States military forces, to be available until ex-
pended: Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursu-
ant to section 301 of H. Con. Res. 34 (112th Congress):
129 
Provided further, That of the funds made available in this 
section, the Secretary of Defense may transfer these funds 
only to military personnel accounts, operation and mainte-
nance accounts, procurement accounts, and working cap-
ital fund accounts: Provided further, That the funds trans-
ferred shall be merged with and shall be available for the 
same purposes and for the same time period, as the appro-
priation to which transferred: Provided further, that the 
Secretary shall notify the congressional defense commit-
tees 15 days prior to such transfer: Provided further, That 
the transfer authority provided under this heading is in 
addition to any other transfer authority available to the 
Department of Defense: Provided further, That upon a de-
termination that all or part of the funds transferred from 
this appropriation are not necessary for the purposes pro-
vided herein, such amounts may be transferred back to 
this appropriation and shall be available for the same pur-
poses and for the same time period as originally appro-
priated. 
AFGHANISTAN INFRASTRUCTURE FUND 
(INCLUDING TRANSFER OF FUNDS) 
There is hereby established in the Treasury of the 
United States the ‘‘Afghanistan Infrastructure Fund’’. 
For 
the 
‘‘Afghanistan 
Infrastructure 
Fund’’, 
$475,000,000, to remain available until September 30,
130 
2013: Provided, That such sums shall be available for in-
frastructure projects in Afghanistan, notwithstanding any 
other provision of law, which shall be undertaken by the 
Secretary of State, unless the Secretary of State and the 
Secretary of Defense jointly decide that a specific project 
will be undertaken by the Department of Defense: Pro-
vided further, That the infrastructure referred to in the 
preceding proviso is in support of the counterinsurgency 
strategy, requiring funding for facility and infrastructure 
projects, including, but not limited to, water, power, and 
transportation projects and related maintenance and 
sustainment costs: Provided further, That the authority to 
undertake such infrastructure projects is in addition to 
any other authority to provide assistance to foreign na-
tions: Provided further, That any projects funded by this 
appropriation shall be jointly formulated and concurred in 
by the Secretary of State and Secretary of Defense: Pro-
vided further, That funds may be transferred to the De-
partment of State for purposes of undertaking projects, 
which funds shall be considered to be economic assistance 
under the Foreign Assistance Act of 1961 for purposes 
of making available the administrative authorities con-
tained in that Act: Provided further, That the transfer au-
thority in the preceding proviso is in addition to any other 
authority available to the Department of Defense to trans-
131 
fer funds: Provided further, That any unexpended funds 
transferred to the Secretary of State under this authority 
shall be returned to the Afghanistan Infrastructure Fund 
if the Secretary of State, in coordination with the Sec-
retary of Defense, determines that the project cannot be 
implemented for any reason, or that the project no longer 
supports the counterinsurgency strategy in Afghanistan: 
Provided further, That any funds returned to the Sec-
retary of Defense under the previous proviso shall be avail-
able for use under this appropriation and shall be treated 
in the same manner as funds not transferred to the Sec-
retary of State: Provided further, That contributions of 
funds for the purposes provided herein to the Secretary 
of State in accordance with section 635(d) of the Foreign 
Assistance Act from any person, foreign government, or 
international organization may be credited to this Fund, 
to remain available until expended, and used for such pur-
poses: Provided further, That the Secretary of Defense 
shall, not fewer than 15 days prior to making transfers 
to or from, or obligations from the Fund, notify the appro-
priate committees of Congress in writing of the details of 
any such transfer: Provided further, That for the purpose 
of the section the ‘‘appropriate committees of Congress’’ 
are the Committees on Armed Services, Foreign Relations 
and Appropriations of the Senate and the Committees on
132 
Armed Services, Foreign Affairs and Appropriations of the 
House of Representatives: Provided further, That each 
amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress). 
AFGHANISTAN SECURITY FORCES FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Afghanistan Security Forces Fund’’, 
$12,800,000,000 (reduced by $35,000,000), to remain 
available until September 30, 2013: Provided, That such 
funds shall be available to the Secretary of Defense, not-
withstanding any other provision of law, for the purpose 
of allowing the Commander, Combined Security Transi-
tion Command—Afghanistan, or the Secretary’s designee, 
to provide assistance, with the concurrence of the Sec-
retary of State, to the security forces of Afghanistan, in-
cluding the provision of equipment, supplies, services, 
training, facility and infrastructure repair, renovation, and 
construction, and funding: Provided further, That the au-
thority to provide assistance under this heading is in addi-
tion to any other authority to provide assistance to foreign 
nations: Provided further, That up to $15,000,000 of these 
funds may be available for coalition police trainer life sup-
port costs: Provided further, That contributions of funds 
for the purposes provided herein from any person, foreign
133 
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 congres-
sional 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 specific 
use of such contributions: Provided further, That the Sec-
retary of Defense shall, not fewer than 15 days prior to 
obligating from this appropriation account, notify the con-
gressional defense committees in writing of the details of 
any such obligation: Provided further, That the Secretary 
of Defense shall notify the congressional defense commit-
tees of any proposed new projects or transfer of funds be-
tween 
budget 
sub-activity 
groups 
in 
excess 
of 
$20,000,000: Provided further, That each amount in this 
paragraph is designated as being for the global war on 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
PAKISTAN COUNTERINSURGENCY FUND 
(INCLUDING TRANSFER OF FUNDS) 
For 
the 
‘‘Pakistan 
Counterinsurgency 
Fund’’, 
$1,100,000,000, to remain available until September 30, 
2013: Provided, That such funds shall be available to the 
Secretary of Defense, with the concurrence of the Sec-
retary of State, notwithstanding any other provision of
134 
law, for the purpose of allowing the Secretary of Defense, 
or the Secretary’s designee, to provide assistance to Paki-
stan’s security forces; including program management and 
the provision of equipment, supplies, services, training, 
and funds; and facility and infrastructure repair, renova-
tion, and construction to build the counterinsurgency ca-
pability of Pakistan’s military and Frontier Corps: Pro-
vided further, That the authority to provide assistance 
under this provision is in addition to any other authority 
to provide assistance to foreign nations: Provided further, 
That the Secretary of Defense may transfer funds pro-
vided herein to appropriations for operation and mainte-
nance; procurement; research, development, test and eval-
uation; defense working capital funds; and to the Depart-
ment of State, Pakistan Counterinsurgency Capability 
Fund to accomplish the purpose provided herein: Provided 
further, That the transfer authority in the preceding pro-
viso is in addition to any other authority available to the 
Department of Defense to transfer funds: Provided fur-
ther, That funds so transferred shall be merged with and 
be available for the same purposes and for the same time 
period as the appropriation or fund to which transferred: 
Provided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to making transfers from this 
appropriation account, notify the Committees on Appro-
135 
priations in writing of the details of any such transfer: 
Provided further, That each amount in this paragraph is 
designated as being for the global war on terrorism pursu-
ant to section 301 of H. Con. Res. 34 (112th Congress). 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, 
Army’’, $387,900,000, to remain available until Sep-
tember 30, 2014: Provided, That each amount in this 
paragraph is designated as being for the global war on 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, 
Army’’, $118,412,000, to remain available until Sep-
tember 30, 2014: Provided, That each amount in this 
paragraph is designated as being for the global war on 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $37,117,000, 
to remain available until September 30, 2014: Provided, 
That each amount in this paragraph is designated as
136 
being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress). 
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 each amount in this 
paragraph is designated as being for the global war on 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $1,398,195,000, to remain available until Sep-
tember 30, 2014: Provided, That each amount in this 
paragraph is designated as being for the global war on 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $492,060,000, to remain available until September 
30, 2014: Provided, That each amount in this paragraph 
is designated as being for the global war on terrorism pur-
suant to section 301 of H. Con. Res. 34 (112th Congress). 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procure-
ment, Navy’’, $41,070,000, to remain available until Sep-
137 
tember 30, 2014: Provided, That each amount in this 
paragraph is designated as being for the global war on 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
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 
each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of 
H. Con. Res. 34 (112th Congress). 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, 
Navy’’, $249,514,000, to remain available until September 
30, 2014: Provided, That each amount in this paragraph 
is designated as being for the global war on terrorism pur-
suant to section 301 of H. Con. Res. 34 (112th Congress). 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $1,183,996,000, to remain available until Sep-
tember 30, 2014: Provided, That each amount in this 
paragraph is designated as being for the global war on 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).
138 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, 
Air Force’’, $440,265,000, to remain available until Sep-
tember 30, 2014: Provided, That each amount in this 
paragraph is designated as being for the global war on 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, 
Air Force’’, $46,920,000, to remain available until Sep-
tember 30, 2014: Provided, That each amount in this 
paragraph is designated as being for the global war on 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $139,510,000, to remain available 
until September 30, 2014: Provided, That each amount 
in this paragraph is designated as being for the global war 
on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $3,213,010,000, to remain available until 
September 30, 2014: Provided, That each amount in this
139 
paragraph is designated as being for the global war on 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $406,668,000, to remain available until Sep-
tember 30, 2014: Provided, That each amount in this 
paragraph is designated as being for the global war on 
terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress). 
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, 
$1,500,000,000, to remain available for obligation until 
September 30, 2014, of which $490,000,000 shall be 
available only for the Army National Guard: Provided, 
That the Chiefs of National Guard and Reserve compo-
nents shall, not later than 30 days after the enactment 
of this Act, individually submit to the congressional de-
fense committees the modernization priority assessment 
for their respective National Guard or Reserve component: 
Provided further, That each amount in this paragraph is 
designated as being for the global war on terrorism pursu-
ant to section 301 of H. Con. Res. 34 (112th Congress).
140 
MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the Mine Resistant Ambush Protected Vehicle 
Fund, $3,195,170,000, to remain available until Sep-
tember 30, 2013: Provided, That such funds shall be avail-
able to the Secretary of Defense, notwithstanding any 
other provision of law, to procure, sustain, transport, and 
field Mine Resistant Ambush Protected vehicles: Provided 
further, That the Secretary shall transfer such funds only 
to appropriations made available in this or any other Act 
for operation and maintenance; procurement; research, de-
velopment, test and evaluation; and defense working cap-
ital funds to accomplish the purpose provided herein: Pro-
vided further, That such funds transferred shall be merged 
with and be available for the same purposes and the same 
time period as the appropriation to which transferred: 
Provided further, That this transfer authority is in addi-
tion to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary 
shall, not fewer than 10 days prior to making transfers 
from this appropriation, notify the congressional defense 
committees in writing of the details of any such transfer: 
Provided further, That each amount in this paragraph is 
designated as being for the global war on terrorism pursu-
ant to section 301 of H. Con. Res. 34 (112th Congress).
141 
RESEARCH, DEVELOPMENT, TEST, AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $8,513,000, to remain 
available until September 30, 2013: Provided, That each 
amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress). 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $53,884,000, to re-
main available until September 30, 2013: Provided, That 
each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of 
H. Con. Res. 34 (112th Congress). 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $182,000,000, to 
remain available until September 30, 2013: Provided, 
That each amount in this paragraph is designated as
147 
gation, and expenditure data for the Commander’s Emer-
gency Response Program in Afghanistan: Provided further, 
That not less than 15 days before making funds available 
pursuant to the authority provided in this section or under 
any other provision of law for the purposes described here-
in for a project with a total anticipated cost for completion 
of $5,000,000 or more, the Secretary shall submit to the 
congressional defense committees a written notice con-
taining each of the following: 
(1) The location, nature and purpose of the 
proposed project, including how the project is in-
tended to advance the military campaign plan for 
the country in which it is to be carried out. 
(2) The budget, implementation timeline with 
milestones, and completion date for the proposed 
project, including any other CERP funding that has 
been or is anticipated to be contributed to the com-
pletion of the project. 
(3) A plan for the sustainment of the proposed 
project, including the agreement with either the host 
nation, a non-Department of Defense agency of the 
United States Government or a third party contrib-
utor to finance the sustainment of the activities and 
maintenance of any equipment or facilities to be pro-
vided through the proposed project.
148 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, not-
withstanding any other provision of law, to provide sup-
plies, services, transportation, including airlift and sealift, 
and other logistical support to coalition forces supporting 
military and stability operations in Iraq and Afghanistan: 
Provided, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees 
regarding support provided under this section. 
SEC. 9007. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for 
a purpose as follows: 
(1) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq. 
(3) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Af-
ghanistan. 
SEC. 9008. None of the funds made available in this 
Act may be used in contravention of the following laws 
enacted or regulations promulgated to implement the