Sec. 5. Statement of appropriations. 
Sec. 6. Availability of funds. 
DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 
2012 
Title I—Military Personnel, Army 
Title II—Operation and Maintenance 
Title III—Procurement 
Title IV—Research, Development, Test and Evaluation 
Title V—Revolving and Management Funds 
Title VI—Other Department of Defense Programs 
Title VII—Related agencies 
Title VIII—General provisions 
Title IX—Overseas contingency operations 
DIVISION B—ENERGY AND WATER DEVELOPMENT 
APPROPRIATIONS ACT, 2012 
Title I—Corps of Engineers—Civil 
Title II—Department of the Interior 
Title III—Department of Energy 
Title IV—Independent agencies 
Title V—General provisions 
DIVISION C—FINANCIAL SERVICES AND GENERAL GOVERNMENT 
APPROPRIATIONS ACT, 2012 
Title I—Department of the Treasury 
Title II—Executive Office of the President and Funds Appropriated to the 
President 
Title III—The Judiciary 
Title IV—District of Columbia 
Title V—Independent agencies 
Title VI—General provisions—This Act 
Title VII—General provisions—Government-wide 
Title VIII—General provisions—District of Columbia 
DIVISION D—DEPARTMENT OF HOMELAND SECURITY 
APPROPRIATIONS ACT, 2012 
Title I—Departmental management and operations 
Title II—Security, enforcement, and investigations 
Title III—Protection, preparedness, response, and recovery 
Title IV—Research and development, training, and services 
Title V—General provisions 
DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, 
AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 
Title I—Department of the Interior 
Title II—Environmental Protection Agency 
Title III—Related agencies 
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Title IV—General provisions 
DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND HUMAN 
SERVICES, EDUCATION, AND RELATED AGENCIES APPROPRIA-
TIONS ACT, 2012 
Title I—Department of Labor 
Title II—Department of Health and Human Services 
Title III—Department of Education 
Title IV—Related agencies 
Title V—General provisions 
DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012 
Title I—Legislative Branch 
Title II—General provisions 
DIVISION H—MILITARY CONSTRUCTION AND VETERANS AFFAIRS 
AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 
Title I—Department of Defense 
Title II—Department of Veterans Affairs 
Title III—Related agencies 
Title IV—Overseas contingency operations 
Title V—General provisions 
DIVISION I—DEPARTMENT OF STATE, FOREIGN OPERATIONS, 
AND RELATED PROGRAMS APPROPRIATIONS ACT, 2012 
Title I—Department of State and related agency 
Title II—United States Agency for International Development 
Title III—Bilateral economic assistance 
Title IV—International security assistance 
Title V—Multilateral assistance 
Title VI—Export and investment assistance 
Title VII—General provisions 
Title VIII—Overseas contingency operations 
SEC. 3. REFERENCES. 
Except as expressly provided otherwise, any reference 
to ‘‘this Act’’ contained in any division of this Act shall 
be treated as referring only to the provisions of that divi-
sion. 
SEC. 4. EXPLANATORY STATEMENT. 
The explanatory statement regarding this Act printed 
in the House of Representatives section of the Congres-
sional Record on or about December 16, 2011 by the 
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Chairman of the Committee of Appropriations of the 
House shall have the same effect with respect to the allo-
cation of funds and implementation of this Act as if it 
were a joint explanatory statement of a committee of con-
ference. 
SEC. 5. STATEMENT OF APPROPRIATIONS. 
The following sums in this Act are appropriated, out 
of any money in the Treasury not otherwise appropriated, 
for the fiscal year ending September 30, 2012. 
SEC. 6. AVAILABILITY OF FUNDS. 
Each amount designated in this Act by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 shall 
be available (or rescinded, if applicable) only if the Presi-
dent subsequently so designates all such amounts and 
transmits such designations to the Congress. 
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DIVISION A—DEPARTMENT OF DEFENSE 
APPROPRIATIONS ACT, 2012 
TITLE I—MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the 
Army on active duty, (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets; 
for members of the Reserve Officers’ Training Corps; and 
for payments pursuant to section 156 of Public Law 97– 
377, as amended (42 U.S.C. 402 note), and to the Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund, 
$43,298,409,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the 
Navy on active duty (except members of the Reserve pro-
vided for elsewhere), midshipmen, and aviation cadets; for 
members of the Reserve Officers’ Training Corps; and for 
payments pursuant to section 156 of Public Law 97–377, 
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as amended (42 U.S.C. 402 note), and to the Department 
of Defense Military Retirement Fund, $26,803,334,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the Ma-
rine Corps on active duty (except members of the Reserve 
provided for elsewhere); and for payments pursuant to sec-
tion 156 of Public Law 97–377, as amended (42 U.S.C. 
402 note), and to the Department of Defense Military Re-
tirement Fund, $13,635,136,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel 
between permanent duty stations, for members of the Air 
Force on active duty (except members of reserve compo-
nents provided for elsewhere), cadets, and aviation cadets; 
for members of the Reserve Officers’ Training Corps; and 
for payments pursuant to section 156 of Public Law 97– 
377, as amended (42 U.S.C. 402 note), and to the Depart-
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ment 
of 
Defense 
Military 
Retirement 
Fund, 
$28,096,708,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Re-
serve on active duty under sections 10211, 10302, and 
3038 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or 
while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and expenses au-
thorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military 
Retirement Fund, $4,289,407,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10, 
United States Code, or while serving on active duty under 
section 12301(d) of title 10, United States Code, in con-
nection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing re-
serve training, or while performing drills or equivalent 
duty, and expenses authorized by section 16131 of title 
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10, United States Code; and for payments to the Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund, 
$1,935,544,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Marine 
Corps Reserve on active duty under section 10211 of title 
10, United States Code, or while serving on active duty 
under section 12301(d) of title 10, United States Code, 
in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiv-
alent duty, and for members of the Marine Corps platoon 
leaders class, and expenses authorized by section 16131 
of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, 
$644,722,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Force 
Reserve on active duty under sections 10211, 10305, and 
8038 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or 
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title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments 
to the Department of Defense Military Retirement Fund, 
$3,088,929,000. 
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TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Army, as author-
ized by law; and not to exceed $12,478,000 can be used 
for emergencies and extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of 
the Army, and payments may be made on his certificate 
of 
necessity 
for 
confidential 
military 
purposes, 
$31,072,902,000. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Navy and the 
Marine Corps, as authorized by law; and not to exceed 
$14,804,000 can be used for emergencies and extraor-
dinary expenses, to be expended on the approval or author-
ity of the Secretary of the Navy, and payments may be 
made on his certificate of necessity for confidential mili-
tary purposes, $38,120,821,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Marine Corps, 
as authorized by law, $5,542,937,000. 
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OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of the Air Force, as 
authorized by law; and not to exceed $7,699,000 can be 
used for emergencies and extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of 
the Air Force, and payments may be made on his certifi-
cate of necessity for confidential military purposes, 
$34,985,486,000. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance of activities and agen-
cies of the Department of Defense (other than the military 
departments), as authorized by law, $30,152,008,000: 
Provided, That not more than $47,026,000 may be used 
for the Combatant Commander Initiative Fund authorized 
under section 166a of title 10, United States Code: Pro-
vided further, That not to exceed $36,000,000 can be used 
for emergencies and extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of 
Defense, and payments may be made on his certificate of 
necessity for confidential military purposes: Provided fur-
ther, That of the funds provided under this heading, not 
less than $34,311,000 shall be made available for the Pro-
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curement Technical Assistance Cooperative Agreement 
Program, of which not less than $3,600,000 shall be avail-
able for centers defined in 10 U.S.C. 2411(1)(D): Pro-
vided further, That none of the funds appropriated or oth-
erwise made available by this Act may be used to plan 
or implement the consolidation of a budget or appropria-
tions liaison office of the Office of the Secretary of De-
fense, the office of the Secretary of a military department, 
or the service headquarters of one of the Armed Forces 
into a legislative affairs or legislative liaison office: Pro-
vided further, That $8,420,000, to remain available until 
expended, is available only for expenses relating to certain 
classified activities, and may be transferred as necessary 
by the Secretary of Defense to operation and maintenance 
appropriations or research, development, test and evalua-
tion appropriations, to be merged with and to be available 
for the same time period as the appropriations to which 
transferred: Provided further, That any ceiling on the in-
vestment item unit cost of items that may be purchased 
with operation and maintenance funds shall not apply to 
the funds described in the preceding proviso: Provided fur-
ther, That the transfer authority provided under this head-
ing is in addition to any other transfer authority provided 
elsewhere in this Act. 
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OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Army Reserve; re-
pair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $3,071,733,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Navy Reserve; re-
pair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $1,305,134,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Marine Corps Re-
serve; repair of facilities and equipment; hire of passenger 
motor vehicles; travel and transportation; care of the dead; 
recruiting; procurement of services, supplies, and equip-
ment; and communications, $271,443,000. 
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OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary 
for the operation and maintenance, including training, or-
ganization, and administration, of the Air Force Reserve; 
repair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $3,274,359,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and 
hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; hire of passenger motor vehicles; per-
sonnel services in the National Guard Bureau; travel ex-
penses (other than mileage), as authorized by law for 
Army personnel on active duty, for Army National Guard 
division, regimental, and battalion commanders while in-
specting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, Na-
tional Guard Bureau; supplying and equipping the Army 
National Guard as authorized by law; and expenses of re-
pair, modification, maintenance, and issue of supplies and 
equipment (including aircraft), $6,924,932,000. 
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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For expenses of training, organizing, and admin-
istering the Air National Guard, including medical and 
hospital treatment and related expenses in non-Federal 
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; transportation of things, hire of pas-
senger motor vehicles; supplying and equipping the Air 
National Guard, as authorized by law; expenses for repair, 
modification, maintenance, and issue of supplies and 
equipment, including those furnished from stocks under 
the control of agencies of the Department of Defense; 
travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on 
active Federal duty, for Air National Guard commanders 
while inspecting units in compliance with National Guard 
Bureau regulations when specifically authorized by the 
Chief, National Guard Bureau, $6,098,780,000. 
UNITED STATES COURT OF APPEALS FOR THE ARMED 
FORCES 
For salaries and expenses necessary for the United 
States Court of Appeals for the Armed Forces, 
$13,861,000, of which not to exceed $5,000 may be used 
for official representation purposes. 
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ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $346,031,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe 
buildings and debris of the Department of the Army, or 
for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and 
to be available for the same purposes and for the same 
time period as the appropriations to which transferred: 
Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer au-
thority provided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Navy, $308,668,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such 
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funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe 
buildings and debris of the Department of the Navy, or 
for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available 
to the Department of the Navy, to be merged with and 
to be available for the same purposes and for the same 
time period as the appropriations to which transferred: 
Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer au-
thority provided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $525,453,000, 
to remain available until transferred: Provided, That the 
Secretary of the Air Force shall, upon determining that 
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of un-
safe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations 
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made available to the Department of the Air Force, to be 
merged with and to be available for the same purposes 
and for the same time period as the appropriations to 
which transferred: Provided further, That upon a deter-
mination 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: Provided further, That the transfer au-
thority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense, $10,716,000, to re-
main available until transferred: Provided, That the Sec-
retary of Defense shall, upon determining that such funds 
are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar 
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of Defense, to be merged with and to be avail-
able for the same purposes and for the same time period 
as the appropriations to which transferred: Provided fur-
ther, That upon a determination that all or part of the 
funds transferred from this appropriation are not nec-
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essary for the purposes provided herein, such amounts 
may be transferred back to this appropriation: Provided 
further, That the transfer authority provided under this 
heading is in addition to any other transfer authority pro-
vided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, FORMERLY USED 
DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $326,495,000, to 
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such 
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe 
buildings and debris at sites formerly used by the Depart-
ment of Defense, transfer the funds made available by this 
appropriation to other appropriations made available to 
the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time 
period as the appropriations to which transferred: Pro-
vided further, That upon a determination that all or part 
of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts 
may be transferred back to this appropriation: Provided 
further, That the transfer authority provided under this 
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heading is in addition to any other transfer authority pro-
vided elsewhere in this Act. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, 
Disaster, and Civic Aid programs of the Department of 
Defense (consisting of the programs provided under sec-
tions 401, 402, 404, 407, 2557, and 2561 of title 10, 
United States Code), $107,662,000, to remain available 
until September 30, 2013. 
COOPERATIVE THREAT REDUCTION ACCOUNT 
For assistance to the republics of the former Soviet 
Union and, with appropriate authorization by the Depart-
ment of Defense and Department of State, to countries 
outside of the former Soviet Union, including assistance 
provided by contract or by grants, for facilitating the 
elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for estab-
lishing programs to prevent the proliferation of weapons, 
weapons components, and weapon-related technology and 
expertise; for programs relating to the training and sup-
port of defense and military personnel for demilitarization 
and protection of weapons, weapons components and 
weapons technology and expertise, and for defense and 
military contacts, $508,219,000, to remain available until 
September 30, 2014: Provided, That of the amounts pro-
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vided under this heading, not less than $13,500,000 shall 
be available only to support the dismantling and disposal 
of nuclear submarines, submarine reactor components, 
and security enhancements for transport and storage of 
nuclear warheads in the Russian Far East and North. 
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 
DEVELOPMENT FUND 
For the Department of Defense Acquisition Work-
force Development Fund, $105,501,000. 
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TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, ground handling equipment, spare parts, and 
accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including 
the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes, $5,360,334,000, to remain available 
for obligation until September 30, 2014. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including 
ordnance, ground handling equipment, spare parts, and 
accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including 
the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired, 
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and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes, $1,461,223,000, to remain available 
for obligation until September 30, 2014. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For construction, procurement, production, and 
modification of weapons and tracked combat vehicles, 
equipment, including ordnance, spare parts, and acces-
sories therefor; specialized equipment and training devices; 
expansion of public and private plants, including the land 
necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing 
purposes, $2,070,405,000, to remain available for obliga-
tion until September 30, 2014. 
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PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities, au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor- 
owned equipment layaway; and other expenses necessary 
for the foregoing purposes, $1,884,424,000, to remain 
available for obligation until September 30, 2014. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and 
modification of vehicles, including tactical, support, and 
non-tracked combat vehicles; the purchase of passenger 
motor vehicles for replacement only; communications and 
electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized 
equipment and training devices; expansion of public and 
private plants, including the land necessary therefor, for 
the foregoing purposes, and such lands and interests 
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therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other 
expenses 
necessary 
for 
the 
foregoing 
purposes, 
$7,924,214,000, to remain available for obligation until 
September 30, 2014. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Govern-
ment 
and 
contractor-owned 
equipment 
layaway, 
$17,675,734,000, to remain available for obligation until 
September 30, 2014. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, and related support equipment including spare parts, 
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and accessories therefor; expansion of public and private 
plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment 
layaway, $3,224,432,000, to remain available for obliga-
tion until September 30, 2014. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities, au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor- 
owned equipment layaway; and other expenses necessary 
for the foregoing purposes, $626,848,000, to remain avail-
able for obligation until September 30, 2014. 
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SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public 
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical, 
long lead time components and designs for vessels to be 
constructed or converted in the future; and expansion of 
public and private plants, including land necessary there-
for, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of 
title, as follows: 
Carrier 
Replacement 
Program 
(AP), 
$554,798,000; 
Virginia Class Submarine, $3,221,314,000; 
Virginia 
Class 
Submarine 
(AP), 
$1,461,361,000; 
CVN Refuelings (AP), $529,652,000; 
DDG–1000 Program, $453,727,000; 
DDG–51 Destroyer, $1,980,709,000; 
DDG–51 Destroyer (AP), $100,723,000; 
Littoral Combat Ship, $1,755,093,000; 
LPD–17, $1,837,444,000; 
LHA–Replacement, $1,999,191,000; 
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Joint High Speed Vessel, $372,332,000; 
Oceanographic Ships, $89,000,000; 
Moored Training Ship, $131,200,000; 
LCAC 
Service 
Life 
Extension 
Program, 
$84,076,000; 
Service Craft, $3,863,000; and 
For outfitting, post delivery, conversions, and 
first destination transportation, $270,639,000. 
Completion of Prior Year Shipbuilding Pro-
grams, $73,992,000. 
In all: $14,919,114,000, to remain available for obli-
gation until September 30, 2016: Provided, That addi-
tional obligations may be incurred after September 30, 
2016, for engineering services, tests, evaluations, and 
other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That 
none of the funds provided under this heading for the con-
struction or conversion of any naval vessel to be con-
structed in shipyards in the United States shall be ex-
pended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none 
of the funds provided under this heading shall be used 
for the construction of any naval vessel in foreign ship-
yards. 
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OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of 
support equipment and materials not otherwise provided 
for, Navy ordnance (except ordnance for new aircraft, new 
ships, and ships authorized for conversion); the purchase 
of passenger motor vehicles for replacement only; expan-
sion of public and private plants, including the land nec-
essary therefor, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and con-
tractor-owned equipment layaway, $6,013,385,000, to re-
main available for obligation until September 30, 2014. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manu-
facture, and modification of missiles, armament, military 
equipment, spare parts, and accessories therefor; plant 
equipment, appliances, and machine tools, and installation 
thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; ve-
hicles for the Marine Corps, including the purchase of pas-
senger motor vehicles for replacement only; and expansion 
of public and private plants, including land necessary 
therefor, and such lands and interests therein, may be ac-
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quired, and construction prosecuted thereon prior to ap-
proval of title, $1,422,570,000, to remain available for ob-
ligation until September 30, 2014. 
AIRCRAFT PROCUREMENT, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For construction, procurement, and modification of 
aircraft and equipment, including armor and armament, 
specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, Gov-
ernment-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes in-
cluding 
rents 
and 
transportation 
of 
things, 
$12,950,000,000, to remain available for obligation until 
September 30, 2014: Provided, That of the amount made 
available under this heading, $63,500,000 made available 
for C–130J aircraft shall be transferred to the Depart-
ment of Homeland Security, Coast Guard, ‘‘Acquisition, 
Construction, and Improvements’’: Provided further, That 
the transfer authority provided under this heading is in 
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addition to any other transfer authority provided else-
where in this Act. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
missiles, spacecraft, rockets, and related equipment, in-
cluding spare parts and accessories therefor, ground han-
dling equipment, and training devices; expansion of public 
and private plants, Government-owned equipment and in-
stallation thereof in such plants, erection of structures, 
and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; 
reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes including rents and transportation of 
things, $6,080,877,000, to remain available for obligation 
until September 30, 2014. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities, au-
thorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
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quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor- 
owned equipment layaway; and other expenses necessary 
for the foregoing purposes, $499,185,000, to remain avail-
able for obligation until September 30, 2014. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment, 
and ground electronic and communication equipment), 
and supplies, materials, and spare parts therefor, not oth-
erwise provided for; the purchase of passenger motor vehi-
cles for replacement only; lease of passenger motor vehi-
cles; and expansion of public and private plants, Govern-
ment-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon, prior to approval of title; reserve plant and Gov-
ernment 
and 
contractor-owned 
equipment 
layaway, 
$17,403,564,000, to remain available for obligation until 
September 30, 2014. 
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PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) 
necessary for procurement, production, and modification 
of equipment, supplies, materials, and spare parts there-
for, not otherwise provided for; the purchase of passenger 
motor vehicles for replacement only; expansion of public 
and private plants, equipment, and installation thereof in 
such plants, erection of structures, and acquisition of land 
for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; reserve plant and Gov-
ernment 
and 
contractor-owned 
equipment 
layaway, 
$4,893,428,000, to remain available for obligation until 
September 30, 2014. 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant 
to sections 108, 301, 302, and 303 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 
2093), $169,964,000, to remain available until expended. 
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TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $8,745,492,000, to remain avail-
able for obligation until September 30, 2013. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $17,753,940,000, to remain avail-
able for obligation until September 30, 2013: Provided, 
That funds appropriated in this paragraph which are 
available for the V–22 may be used to meet unique oper-
ational requirements of the Special Operations Forces: 
Provided further, That funds appropriated in this para-
graph shall be available for the Cobra Judy program. 
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $26,535,996,000, to remain avail-
able for obligation until September 30, 2013. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), 
necessary for basic and applied scientific research, devel-
opment, test and evaluation; advanced research projects 
as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, 
lease, and operation of facilities and equipment, 
$19,193,955,000, to remain available for obligation until 
September 30, 2013: Provided, That of the funds made 
available in this paragraph, $200,000,000 for the Defense 
Rapid Innovation Program shall only be available for ex-
penses, not otherwise provided for, to include program 
management and oversight, to conduct research, develop-
ment, test and evaluation to include proof of concept dem-
onstration; engineering, testing, and validation; and tran-
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sition to full-scale production: Provided further, That the 
Secretary of Defense may transfer funds provided herein 
for the Defense Rapid Innovation Program to appropria-
tions for research, development, test and evaluation to ac-
complish the purpose provided herein: Provided further, 
That this transfer authority is in addition to any other 
transfer authority available to the Department of Defense: 
Provided further, That the Secretary of Defense shall, not 
fewer than 30 days prior to making transfers from this 
appropriation, notify the congressional defense committees 
in writing of the details of any such transfer. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary 
for the independent activities of the Director, Operational 
Test and Evaluation, in the direction and supervision of 
operational test and evaluation, including initial oper-
ational test and evaluation which is conducted prior to, 
and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in 
connection therewith, $191,292,000, to remain available 
for obligation until September 30, 2013. 
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TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For 
the 
Defense 
Working 
Capital 
Funds, 
$1,575,010,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, 
projects, and activities, and for expenses of the National 
Defense Reserve Fleet, as established by section 11 of the 
Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 
and for the necessary expenses to maintain and preserve 
a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $1,100,519,000, to remain 
available until expended: Provided, That none of the funds 
provided in this paragraph shall be used to award a new 
contract that provides for the acquisition of any of the 
following major components unless such components are 
manufactured in the United States: auxiliary equipment, 
including pumps, for all shipboard services; propulsion 
system components (engines, reduction gears, and propel-
lers); shipboard cranes; and spreaders for shipboard 
cranes: Provided further, That the exercise of an option 
in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award 
of a new contract: Provided further, That the Secretary 
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of the military department responsible for such procure-
ment may waive the restrictions in the first proviso on 
a case-by-case basis by certifying in writing to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made 
in order to acquire capability for national security pur-
poses. 
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TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical 
and health care programs of the Department of Defense 
as authorized by law, $32,482,059,000; of which 
$30,582,235,000 shall be for operation and maintenance, 
of which not to exceed 1 percent shall remain available 
until September 30, 2013, and of which up to 
$16,512,141,000 may be available for contracts entered 
into 
under 
the 
TRICARE 
program; 
of 
which 
$632,518,000, to remain available for obligation until Sep-
tember 30, 2014, shall be for procurement; and of which 
$1,267,306,000, to remain available for obligation until 
September 30, 2013, shall be for research, development, 
test and evaluation: Provided, That, notwithstanding any 
other provision of law, of the amount made available under 
this heading for research, development, test and evalua-
tion, not less than $8,000,000 shall be available for HIV 
prevention educational activities undertaken in connection 
with United States military training, exercises, and hu-
manitarian assistance activities conducted primarily in Af-
rican nations. 
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CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE 
For expenses, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal 
chemical agents and munitions in accordance with the pro-
visions of section 1412 of the Department of Defense Au-
thorization Act, 1986 (50 U.S.C. 1521), and for the de-
struction of other chemical warfare materials that are not 
in the chemical weapon stockpile, $1,554,422,000, of 
which $1,147,691,000 shall be for operation and mainte-
nance, of which no less than $71,211,000, shall be for the 
Chemical Stockpile Emergency Preparedness Program, 
consisting of $19,211,000 for activities on military instal-
lations and $52,000,000, to remain available until Sep-
tember 30, 2013, to assist State and local governments 
and $406,731,000, to remain available until September 
30, 2013, shall be for research, development, test and eval-
uation, of which $401,768,000 shall only be for the As-
sembled Chemical Weapons Alternatives (ACWA) pro-
gram. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of 
the Department of Defense, for transfer to appropriations 
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available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for oper-
ation and maintenance; for procurement; and for research, 
development, test and evaluation, $1,209,620,000: Pro-
vided, That the funds appropriated under this heading 
shall be available for obligation for the same time period 
and for the same purpose as the appropriation to which 
transferred: Provided further, That upon a determination 
that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided here-
in, such amounts may be transferred back to this appro-
priation: Provided further, That the transfer authority pro-
vided under this heading is in addition to any other trans-
fer authority contained elsewhere in this Act: Provided fur-
ther, That $23,000,000 may not be obligated or expended 
until the Secretary of Defense submits an implementation 
plan for the expansion of prescription drug testing to the 
congressional defense committees. 
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 $341,419,000 shall be for operation and mainte-
nance, of which not to exceed $700,000 is available for 
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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 $4,500,000, 
to remain available until September 30, 2013, shall be for 
research, development, testing, and evaluation. 
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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, $547,891,000. 
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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. 
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SEC. 8003. No part of any appropriation contained 
in this Act shall remain available for obligation beyond 
the current fiscal year, unless expressly so provided herein. 
SEC. 8004. No more than 20 percent of the appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the 
last 2 months of the fiscal year: Provided, That this sec-
tion shall not apply to obligations for support of active 
duty training of reserve components or summer camp 
training of the Reserve Officers’ Training Corps. 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of 
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Manage-
ment and Budget, transfer not to exceed $3,750,000,000 
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 
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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 described in section 4 (in the 
matter preceding division A of this consolidated Act), the 
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obligation and expenditure of amounts appropriated or 
otherwise 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; 
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(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-
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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-
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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-
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quested in that budget request for production be-
yond advance procurement activities in the fiscal 
year covered by the budget, full funding of procure-
ment of such unit in that fiscal year; 
(2) cancellation provisions in the contract do 
not include consideration of recurring manufacturing 
costs of the contractor associated with the produc-
tion of unfunded units to be delivered under the con-
tract; 
(3) the contract provides that payments to the 
contractor under the contract shall not be made in 
advance of incurred costs on funded units; and 
(4) the contract does not provide for a price ad-
justment based on a failure to award a follow-on 
contract. 
Funds appropriated in title III of this Act may be 
used for a multiyear procurement contract as follows: 
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. 
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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 
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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, 
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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 
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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 may be used to demilitarize or dis-
pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 
.22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 
to demilitarize or destroy small arms ammunition or am-
munition components that are not otherwise prohibited 
from commercial sale under Federal law, unless the small 
arms ammunition or ammunition components are certified 
by the Secretary of the Army or designee as unserviceable 
or unsafe for further use. 
SEC. 8018. No more than $500,000 of the funds ap-
propriated or made available in this Act shall be used dur-
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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 
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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 $37,745,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
(1) $27,838,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil 
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Air Patrol Corporation operation and maintenance, 
readiness, counterdrug activities, and drug demand 
reduction activities involving youth programs; 
(2) $8,990,000 shall be available from ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $917,000 shall be available from ‘‘Other 
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-
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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). 
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(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 $150,245,000. 
SEC. 8024. None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy 
or armor steel plate for use in any Government-owned 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 
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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– 
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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 
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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 
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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 
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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 
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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 
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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- 
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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 insure that a 
new product or idea of a specific concern is given fi-
nancial support: Provided, That this limitation shall 
not apply to contracts in an amount of less than 
$25,000, contracts related to improvements of equip-
ment that is in development or production, or con-
tracts as to which a civilian official of the Depart-
ment of Defense, who has been confirmed by the 
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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 
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(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 described in section 4 (in the matter preceding 
division A of this consolidated Act). 
SEC. 8039. (a) None of the funds appropriated by 
this Act shall be available to convert to contractor per-
formance an activity or function of the Department of De-
fense that, on or after the date of the enactment of this 
Act, is performed by Department of Defense civilian em-
ployees unless— 
(1) the conversion is based on the result of a 
public-private competition that includes a most effi-
cient and cost effective organization plan developed 
by such activity or function; 
(2) the Competitive Sourcing Official deter-
mines that, over all performance periods stated in 
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the solicitation of offers for performance of the ac-
tivity or function, the cost of performance of the ac-
tivity or function by a contractor would be less costly 
to the Department of Defense by an amount that 
equals or exceeds the lesser of— 
(A) 10 percent of the most efficient organi-
zation’s personnel-related costs for performance 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advan-
tage for a proposal that would reduce costs for the 
Department of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the pre-
mium or subscription share than the amount 
that is paid by the Department of Defense for 
health benefits for civilian employees under 
chapter 89 of title 5, United States Code. 
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(b)(1) The Department of Defense, without regard 
to subsection (a) of this section or subsection (a), (b), or 
(c) of section 2461 of title 10, United States Code, and 
notwithstanding any administrative regulation, require-
ment, or policy to the contrary shall have full authority 
to enter into a contract for the performance of any com-
mercial or industrial type function of the Department of 
Defense that— 
(A) is included on the procurement list es-
tablished pursuant to section 2 of the Javits- 
Wagner-O’Day Act (section 8503 of title 41, 
United States Code); 
(B) is planned to be converted to perform-
ance by a qualified nonprofit agency for the 
blind or by a qualified nonprofit agency for 
other severely handicapped individuals in ac-
cordance with that Act; or 
(C) is planned to be converted to perform-
ance by a qualified firm under at least 51 per-
cent ownership by an Indian tribe, as defined in 
section 4(e) of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
450b(e)), or a Native Hawaiian Organization, 
as defined in section 8(a)(15) of the Small 
Business Act (15 U.S.C. 637(a)(15)). 
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(2) This section shall not apply to depot con-
tracts or contracts for depot maintenance as pro-
vided in sections 2469 and 2474 of title 10, United 
States Code. 
(c) The conversion of any activity or function of the 
Department of Defense under the authority provided by 
this section shall be credited toward any competitive or 
outsourcing goal, target, or measurement that may be es-
tablished by statute, regulation, or policy and is deemed 
to be awarded under the authority of, and in compliance 
with, subsection (h) of section 2304 of title 10, United 
States Code, for the competition or outsourcing of com-
mercial activities. 
(RESCISSIONS) 
SEC. 8040. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: 
‘‘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; 
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‘‘Aircraft Procurement, Army, 2010/2012’’, 
$5,100,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army, 2010/2012’’, $4,353,000; 
‘‘Procurement of Ammunition, Army, 2010/ 
2012’’, $21,674,000; 
‘‘Other 
Procurement, 
Army, 
2010/2012’’, 
$58,647,000; 
‘‘Aircraft Procurement, Navy, 2010/2012’’, 
$90,000,000; 
‘‘Aircraft Procurement, Air Force, 2010/2012’’, 
$32,897,000; 
‘‘Missile Procurement, Air Force, 2010/2012’’, 
$3,889,000; 
‘‘Other Procurement, Air Force, 2010/2012’’, 
$12,200,000; 
‘‘Procurement, 
Defense-Wide, 
2010/2012’’, 
$716,000; 
‘‘Aircraft Procurement, Army, 2011/2013’’, 
$21,500,000; 
‘‘Missile 
Procurement, 
Army, 
2011/2013’’, 
$99,800,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army, 2011/2013’’, $18,834,000; 
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‘‘Procurement of Ammunition, Army, 2011/ 
2013’’, $15,000,000; 
‘‘Other 
Procurement, 
Army, 
2011/2013’’, 
$438,436,000; 
‘‘Aircraft Procurement, Navy, 2011/2013’’, 
$78,000,000; 
‘‘Weapons Procurement, Navy, 2011/2013’’, 
$34,276,000; 
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps, 2011/2013’’, $28,262,000; 
‘‘Other 
Procurement, 
Navy, 
2011/2013’’, 
$59,598,000; 
Under the heading, ‘‘Shipbuilding and Conver-
sion, Navy, 2011/2015’’: Littoral Combat Ship Ad-
vance Procurement: $110,351,000; 
‘‘Aircraft Procurement, Air Force, 2011/2013’’, 
$220,213,000; 
‘‘Missile Procurement, Air Force, 2011/2013’’, 
$193,900,000; 
‘‘Other Procurement, Air Force, 2011/2013’’, 
$52,868,000; 
‘‘Procurement, 
Defense-Wide, 
2011/2013’’, 
$4,312,000; 
‘‘Research, Development, Test and Evaluation, 
Army, 2011/2012’’, $356,625,000; 
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‘‘Research, Development, Test and Evaluation, 
Navy, 2011/2012’’, $65,687,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2011/2012’’, $258,094,000; 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide, 2011/2012’’, $254,284,000; 
‘‘Defense 
Health 
Program, 
2011/2012’’, 
$257,000: 
Provided, That the funds rescinded from the 
National Defense Sealift accounts are those de-
scribed 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. 8041. None of the funds available in this Act 
may be used to reduce the authorized positions for mili-
tary technicians (dual status) 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 technicians (dual status), unless such reductions 
are a direct result of a reduction in military force struc-
ture. 
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SEC. 8042. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose. 
SEC. 8043. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available 
for reimbursement of pay, allowances and other expenses 
which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the 
activities and programs included within the National Intel-
ligence Program and the Military Intelligence Program: 
Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel 
and training procedures. 
SEC. 8044. During the current fiscal year, none of 
the funds appropriated in this Act may be used to reduce 
the civilian medical and medical support personnel as-
signed to military treatment facilities below the September 
30, 2003, level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional defense committees that the beneficiary population 
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is declining in some catchment areas and civilian strength 
reductions may be consistent with responsible resource 
stewardship and capitation-based budgeting. 
SEC. 8045. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to 
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction 
and counter-drug activities may be transferred to any 
other department or agency of the United States except 
as specifically provided in an appropriations law. 
SEC. 8046. None of the funds appropriated by this 
Act may be used for the procurement of ball and roller 
bearings other than those produced by a domestic source 
and of domestic origin: Provided, That the Secretary of 
the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that 
such an acquisition must be made in order to acquire ca-
pability for national security purposes: Provided further, 
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That this restriction shall not apply to the purchase of 
‘‘commercial items’’, as defined by section 4(12) of the 
Office of Federal Procurement Policy Act, except that the 
restriction shall apply to ball or roller bearings purchased 
as end items. 
SEC. 8047. None of the funds in this Act may be 
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees 
that such an acquisition must be made in order to acquire 
capability for national security purposes that is not avail-
able from United States manufacturers. 
SEC. 8048. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of the Department of Defense who ap-
proves or implements the transfer of administrative re-
sponsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction 
of another Federal agency not financed by this Act with-
out the express authorization of Congress: Provided, That 
this limitation shall not apply to transfers of funds ex-
pressly provided for in Defense Appropriations Acts, or 
provisions of Acts providing supplemental appropriations 
for the Department of Defense. 
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SEC. 8049. (a) Notwithstanding any other provision 
of law, none of the funds available to the Department of 
Defense for the current fiscal year may be obligated or 
expended to transfer to another nation or an international 
organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense commit-
tees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations 
of the Senate are notified 15 days in advance of such 
transfer. 
(b) This section applies to— 
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter 
VI or chapter VII of the United Nations Charter 
under the authority of a United Nations Security 
Council resolution; and 
(2) any other international peacekeeping, peace- 
enforcement, or humanitarian assistance operation. 
(c) A notice under subsection (a) shall include the 
following: 
(1) A description of the equipment, supplies, or 
services to be transferred. 
(2) A statement of the value of the equipment, 
supplies, or services to be transferred. 
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(3) In the case of a proposed transfer of equip-
ment or supplies— 
(A) a statement of whether the inventory 
requirements of all elements of the Armed 
Forces (including the reserve components) for 
the type of equipment or supplies to be trans-
ferred have been met; and 
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced 
and, if so, how the President proposes to pro-
vide funds for such replacement. 
SEC. 8050. None of the funds available to the De-
partment of Defense under this Act shall be obligated or 
expended to pay a contractor under a contract with the 
Department of Defense for costs of any amount paid by 
the contractor to an employee when— 
(1) such costs are for a bonus or otherwise in 
excess of the normal salary paid by the contractor 
to the employee; and 
(2) such bonus is part of restructuring costs as-
sociated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8051. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
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Wide’’ may be transferred to appropriations available for 
the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations 
to which transferred, to be used in support of such per-
sonnel in connection with support and services for eligible 
organizations and activities outside the Department of De-
fense pursuant to section 2012 of title 10, United States 
Code. 
SEC. 8052. During the current fiscal year, in the case 
of an appropriation account of the Department of Defense 
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section 
1552 of title 31, United States Code, and which has a 
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged 
to any current appropriation account for the same purpose 
as the expired or closed account if— 
(1) the obligation would have been properly 
chargeable (except as to amount) to the expired or 
closed account before the end of the period of avail-
ability or closing of that account; 
(2) the obligation is not otherwise properly 
chargeable to any current appropriation account of 
the Department of Defense; and 
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(3) in the case of an expired account, the obli-
gation is not chargeable to a current appropriation 
of the Department of Defense under the provisions 
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law 
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there 
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall 
be reversed and recorded against the expired ac-
count: Provided further, That the total amount 
charged to a current appropriation under this sec-
tion may not exceed an amount equal to 1 percent 
of the total appropriation for that account. 
SEC. 8053. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may per-
mit the use of equipment of the National Guard Distance 
Learning Project by any person or entity on a space-avail-
able, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for 
such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Dis-
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tance Learning Project and be available to defray the costs 
associated with the use of equipment of the project under 
that subsection. Such funds shall be available for such 
purposes without fiscal year limitation. 
SEC. 8054. Using funds made available by this Act 
or any other Act, the Secretary of the Air Force, pursuant 
to a determination under section 2690 of title 10, United 
States Code, may implement cost-effective agreements for 
required 
heating 
facility 
modernization 
in 
the 
Kaiserslautern Military Community in the Federal Repub-
lic of Germany: Provided, That in the City of 
Kaiserslautern and at the Rhine Ordnance Barracks area, 
such agreements will include the use of United States an-
thracite as the base load energy for municipal district heat 
to the United States Defense installations: Provided fur-
ther, That at Landstuhl Army Regional Medical Center 
and Ramstein Air Base, furnished heat may be obtained 
from private, regional or municipal services, if provisions 
are included for the consideration of United States coal 
as an energy source. 
SEC. 8055. None of the funds appropriated in title 
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational 
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development, 
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prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this 
restriction does not apply to programs funded within the 
National Intelligence Program: Provided further, That the 
Secretary of Defense may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do 
so. 
SEC. 8056. None of the funds made available in this 
Act may be used to approve or license the sale of the F– 
22A advanced tactical fighter to any foreign government: 
Provided, That the Department of Defense may conduct 
or participate in studies, research, design and other activi-
ties to define and develop a future export version of the 
F–22A that protects classified and sensitive information, 
technologies and U.S. warfighting capabilities. 
SEC. 8057. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign 
country, or would invalidate reciprocal trade agreements 
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for the procurement of defense items entered into under 
section 2531 of title 10, United States Code, and the 
country does not discriminate against the same or similar 
defense items produced in the United States for that coun-
try. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on 
or after the date of the enactment of this Act; and 
(2) options for the procurement of items that 
are exercised after such date under contracts that 
are entered into before such date if the option prices 
are adjusted for any reason other than the applica-
tion of a waiver granted under subsection (a). 
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by 
section 11 (chapters 50–65) of the Harmonized Tariff 
Schedule and products classified under headings 4010, 
4202, 4203, 6401 through 6406, 6505, 7019, 7218 
through 7229, 7304.41 through 7304.49, 7306.40, 7502 
through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8058. (a) None of the funds made available by 
this Act may be used to support any training program in-
volving a unit of the security forces or police of a foreign 
country if the Secretary of Defense has received credible 
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information from the Department of State that the unit 
has committed a gross violation of human rights, unless 
all necessary corrective steps have been taken. 
(b) The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision 
to conduct any training program referred to in subsection 
(a), full consideration is given to all credible information 
available to the Department of State relating to human 
rights violations by foreign security forces. 
(c) The Secretary of Defense, after consultation with 
the Secretary of State, may waive the prohibition in sub-
section (a) if he determines that such waiver is required 
by extraordinary circumstances. 
(d) Not more than 15 days after the exercise of any 
waiver under subsection (c), the Secretary of Defense shall 
submit a report to the congressional defense committees 
describing the extraordinary circumstances, the purpose 
and duration of the training program, the United States 
forces and the foreign security forces involved in the train-
ing program, and the information relating to human rights 
violations that necessitates the waiver. 
SEC. 8059. None of the funds appropriated or 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 
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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. 8060. 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 45 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. 8061. 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. 8062. During the current fiscal year, none of 
the funds available to the Department of Defense may be 
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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. 8063. 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. 8064. 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 
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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. 8065. 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. 8066. None of the funds appropriated by this 
Act shall be used for the support of any nonappropriated 
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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. 8067. 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-
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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. 8068. 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. 8069. 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 
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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. 
SEC. 8070. (a) IN GENERAL.—Subchapter I of chap-
ter 88 of title 10, United States Code, is amended by add-
ing the following new section at its end— 
‘‘§ 1790. 
MILITARY 
PERSONNEL 
CITIZENSHIP 
PROCESSING. 
‘‘AUTHORIZATION OF PAYMENTS.—Using funds pro-
vided for operation and maintenance and notwithstanding 
section 2215 of title 10, United States Code, the Secretary 
of Defense may reimburse the Secretary of Homeland Se-
curity for costs associated with the processing and adju-
dication by the United States Citizenship and Immigration 
Services (USCIS) of applications for naturalization de-
scribed in sections 328(b)(4) and 329(b)(4) of the Immi-
gration and Nationality Act (8 U.S.C. §§ 1439(b)(4) and 
1440(b)(4)). Such reimbursements shall be deposited and 
remain available as provided by sections 286(m) and (n) 
of such Act (8 U.S.C. § 1356(m)). Such reimbursements 
shall be based on actual costs incurred by USCIS for proc-
essing applications for naturalization, and shall not exceed 
$7,500,000 per fiscal year.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter I of chapter 88 of title 10, 
United States Code, is amended by inserting after the 
item relating to section 1789 the following new item: 
‘‘1790. Military personnel citizenship processing.’’. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8071. Of the amounts appropriated in this Act 
under the heading ‘‘Research, Development, Test and 
Evaluation, Defense-Wide’’, $235,700,000 shall be for the 
Israeli Cooperative Programs: Provided, That of this 
amount, $110,525,000 shall be for the Short Range Bal-
listic Missile Defense (SRBMD) program, including cruise 
missile defense research and development under the 
SRBMD program, of which $15,000,000 shall be for pro-
duction activities of SRBMD 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, $66,220,000 shall be available for an upper-tier 
component to the Israeli Missile Defense Architecture, and 
$58,955,000 shall be for the Arrow System Improvement 
Program including 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 
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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. 8072. (a) None of the funds available to the 
Department of Defense may be obligated to modify com-
mand and control relationships to give Fleet Forces Com-
mand operational and administrative control of U.S. Navy 
forces assigned to the Pacific fleet. 
(b) None of the funds available to the Department 
of Defense may be obligated to modify command and con-
trol relationships to give United States Transportation 
Command operational and administrative control of C– 
130 and KC–135 forces assigned to the Pacific and Euro-
pean Air Force Commands. 
(c) The command and control relationships in sub-
sections (a) and (b) which existed on March 13, 2011, 
shall remain in force unless changes are specifically au-
thorized in a subsequent Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8073. 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 
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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: 
(1) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2005/2012’’: LPD–17 Amphibious 
Transport Dock Program $18,627,000; 
(2) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2006/2012’’: LPD–17 Amphibious 
Transport Dock Program $23,437,000; and 
(3) Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2008/2012’’: LPD–17 Amphibious 
Transport Dock Program $31,928,000. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8074. (a) Of the amounts appropriated in title 
IV of this Act under the heading ‘‘Research, Development, 
Test and Evaluation, Army’’, for Budget Activities 4, 5 
and 7, $50,000,000 shall be transferred to Program Ele-
ment 0605601A: Provided, That no funds may be trans-
ferred until 30 days after the Secretary of the Army pro-
vides to the congressional defense committees a report in-
cluding the details of any such transfer: Provided further, 
That the transfer authority provided under this provision 
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is in addition to any other transfer authority contained 
in this Act. 
(b) Of the amounts appropriated in title IV of this 
Act under the heading ‘‘Research, Development, Test and 
Evaluation, Air Force’’, for Budget Activities 4, 5 and 7, 
$34,000,000 shall be transferred to Program Element 
0605807F: Provided, That no funds may be transferred 
until 30 days after the Secretary of the Air Force provides 
to the congressional defense committees a report including 
the details of any such transfer: Provided further, That 
the transfer authority provided under this provision is in 
addition to any other transfer authority contained in this 
Act. 
SEC. 8075. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2012 until the enactment of the Intelligence Author-
ization Act for Fiscal Year 2012. 
SEC. 8076. None of the funds provided in this Act 
shall be available for obligation or expenditure through a 
reprogramming of funds that creates or initiates a new 
program, project, or activity unless such program, project, 
or activity must be undertaken immediately in the interest 
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of national security and only after written prior notifica-
tion to the congressional defense committees. 
SEC. 8077. The budget of the President for fiscal 
year 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. 
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100 
SEC. 8078. None of the funds in this Act may be 
used for research, development, test, evaluation, procure-
ment or deployment of nuclear armed interceptors of a 
missile defense system. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8079. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$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. 8080. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force 
shall allow the 53rd Weather Reconnaissance Squadron to 
perform other missions in support of national defense re-
quirements during the non-hurricane season. 
SEC. 8081. None of the funds provided in this Act 
shall be available for integration of foreign intelligence in-
formation unless the information has been lawfully col-
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101 
lected and processed during the conduct of authorized for-
eign intelligence activities: Provided, That information 
pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as imple-
mented through Executive Order No. 12333. 
SEC. 8082. (a) At the time members of reserve com-
ponents of the Armed Forces are called or ordered to ac-
tive duty under section 12302(a) of title 10, United States 
Code, each member shall be notified in writing of the ex-
pected period during which the member will be mobilized. 
(b) The Secretary of Defense may waive the require-
ments of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a 
national security emergency or to meet dire operational 
requirements of the Armed Forces. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8083. The Secretary of Defense may transfer 
funds from any available Department of the Navy appro-
priation to any available Navy ship construction appro-
priation for the purpose of liquidating necessary changes 
resulting from inflation, market fluctuations, or rate ad-
justments for any ship construction program appropriated 
in law: Provided, That the Secretary may transfer not to 
exceed $100,000,000 under the authority provided by this 
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102 
section: Provided further, That the Secretary may not 
transfer any funds until 30 days after the proposed trans-
fer has been reported to the Committees on Appropria-
tions of the House of Representatives and the Senate, un-
less a response from the Committees is received sooner: 
Provided further, That any funds transferred pursuant to 
this section shall retain the same period of availability as 
when originally appropriated: Provided further, That the 
transfer authority provided by this section is in addition 
to any other transfer authority contained elsewhere in this 
Act. 
SEC. 8084. For purposes of section 7108 of title 41, 
United States Code, any subdivision of appropriations 
made under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ that is not closed at the time reimbursement is 
made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any sub-
division under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ appropriations in the current fiscal year or any 
prior fiscal year. 
SEC. 8085. (a) None of the funds appropriated by 
this Act may be used to transfer research and develop-
ment, acquisition, or other program authority relating to 
current tactical unmanned aerial vehicles (TUAVs) from 
the Army. 
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103 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Sky Warrior Unmanned 
Aerial Vehicle (UAV) in order to support the Secretary 
of Defense in matters relating to the employment of un-
manned aerial vehicles. 
SEC. 8086. 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. 8087. 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 
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104 
research and technology, which shall remain available until 
September 30, 2013. 
SEC. 8088. 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. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8089. During the current fiscal year, not to ex-
ceed $200,000,000 from funds available under ‘‘Operation 
and Maintenance, Defense-Wide’’ may be transferred to 
the Department of State ‘‘Global Security Contingency 
Fund’’: Provided, That this transfer authority is in addi-
tion to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary 
of Defense shall, not fewer than 30 days prior to making 
transfers to the Department of State ‘‘Global Security 
Contingency Fund’’, notify the congressional defense com-
mittees in writing with the source of funds and a detailed 
justification, execution plan, and timeline for each pro-
posed project. 
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SEC. 8090. 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, Research, Development, 
Test and Evaluation Program; R–2, Research, De-
velopment, Test and Evaluation Budget Item Jus-
tification; R–3, Research, Development, Test and 
Evaluation Project Cost Analysis; and R–4, Re-
search, Development, Test and Evaluation Program 
Schedule Profile. 
SEC. 8091. The amounts appropriated in title II of 
this Act are hereby reduced by $515,000,000 to reflect 
excess cash balances in Department of Defense Working 
Capital Funds, as follows: From ‘‘Operation and Mainte-
nance, Army’’, $515,000,000. 
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SEC. 8092. (a) Not later than 60 days after enact-
ment of this Act, the Office of the Director of National 
Intelligence shall submit a report to the congressional in-
telligence committees to establish the baseline for applica-
tion of reprogramming and transfer authorities for fiscal 
year 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 and project; and 
(3) an identification of items of special congres-
sional interest. 
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence 
certifies in writing to the congressional intelligence com-
mittees that such reprogramming or transfer is necessary 
as an emergency requirement. 
SEC. 8093. (a) None of the funds provided for the 
National Intelligence Program in this or any prior appro-
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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 start effort; 
(2) terminates a program with appropriated 
funding of $10,000,000 or more; 
(3) transfers funding into or out of the Na-
tional Intelligence Program; or 
(4) transfers funding between appropriations, 
unless the congressional intelligence committees are noti-
fied 30 days in advance of such reprogramming of funds; 
this notification period may be reduced for urgent national 
security requirements. 
(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)) that results in a cumulative increase or 
decrease of the levels specified in the classified annex un-
less the congressional intelligence committees are notified 
30 days in advance of such reprogramming of funds; this 
notification period may be reduced for urgent national se-
curity requirements. 
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SEC. 8094. The Director of National Intelligence 
shall submit to Congress each year, at or about the time 
that the President’s budget is submitted to Congress that 
year under section 1105(a) of title 31, United States 
Code, a future-years intelligence program (including asso-
ciated annexes) reflecting the estimated expenditures and 
proposed appropriations included in that budget. Any such 
future-years intelligence program shall cover the fiscal 
year with respect to which the budget is submitted and 
at least the four succeeding fiscal years. 
SEC. 8095. For the purposes of this Act, the term 
‘‘congressional intelligence committees’’ means the Perma-
nent Select Committee on Intelligence of the House of 
Representatives, the Select Committee on Intelligence of 
the Senate, the Subcommittee on Defense of the Com-
mittee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on 
Appropriations of the Senate. 
SEC. 8096. The Department of Defense shall con-
tinue to report incremental contingency operations costs 
for Operation New Dawn and Operation Enduring Free-
dom on a monthly basis in the Cost of War Execution 
Report as prescribed in the Department of Defense Finan-
cial Management Regulation Department of Defense In-
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109 
struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 
Operations’’, Annex 1, dated September 2005. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8097. 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. 8098. Of the funds appropriated in the Intel-
ligence Community Management Account for the Program 
Manager for the Information Sharing Environment, 
$20,000,000 is available for transfer by the Director of 
National Intelligence to other departments and agencies 
for purposes of Government-wide information sharing ac-
tivities: Provided, That funds transferred under this provi-
sion are to be merged with and available for the same pur-
poses and time period as the appropriation to which trans-
ferred: Provided further, That the Office of Management 
and Budget must approve any transfers made under this 
provision. 
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SEC. 8099. 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. 8100. (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. 8101. (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, 
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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 
(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 
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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. 
(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-
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fore the contract or subcontract addressed in the deter-
mination may be awarded. 
SEC. 8102. (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-
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. 8103. 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. 
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(INCLUDING TRANSFER OF FUNDS) 
SEC. 8104. From within the funds appropriated for 
operation and maintenance for the Defense Health Pro-
gram in this Act, up to $135,631,000, shall be available 
for transfer to the Joint Department of Defense-Depart-
ment of Veterans Affairs Medical Facility Demonstration 
Fund in accordance with the provisions of section 1704 
of the National Defense Authorization Act for Fiscal Year 
2010, Public Law 111–84: Provided, That for purposes 
of section 1704(b), the facility operations funded are oper-
ations of the integrated Captain James A. Lovell Federal 
Health Care Center, consisting of the North Chicago Vet-
erans Affairs Medical Center, the Navy Ambulatory Care 
Center, and supporting facilities designated as a combined 
Federal medical facility as described by section 706 of 
Public Law 110–417: Provided further, That additional 
funds may be transferred from funds appropriated for op-
eration and maintenance for the Defense Health Program 
to the Joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund upon 
written notification by the Secretary of Defense to the 
Committees on Appropriations of the House of Represent-
atives and the Senate. 
SEC. 8105. Section 310(b) of the Supplemental Ap-
propriations Act, 2009 (Public Law 111–32; 124 Stat. 
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1871), as amended by Public Law 112–10, is amended 
by striking ‘‘2 years’’ both places it appears and inserting 
‘‘3 years’’. 
SEC. 8106. The Office of the Director of National 
Intelligence shall not employ more Senior Executive em-
ployees than are specified in the classified annex: Pro-
vided, That not later than 90 days after the enactment 
of this Act, the Director of National Intelligence shall sub-
mit to the congressional intelligence committees the Office 
of the Director of National Intelligence strategic human 
capital plan and the Office of Director of National Intel-
ligence current and future grade structure, to include Gen-
eral Schedule 15 positions. 
SEC. 8107. 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. 8108. 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 
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$250,000 per vehicle, notwithstanding price or other limi-
tations applicable to the purchase of passenger carrying 
vehicles. 
SEC. 8109. The Inspector General of the Department 
of Defense shall conduct a review of Anti-deficiency Act 
violations and their causes in the Department of Defense 
Military Personnel accounts. Based on the findings of the 
review, the Inspector General shall submit to the congres-
sional defense committees a report containing the results 
of the review and recommendations for corrective actions 
to be implemented. 
SEC. 8110. 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: 
Provided, That the Secretary of Defense shall, not fewer 
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than 15 days prior to obligating funds for this purpose, 
notify the congressional defense committees in writing of 
the details of any such obligation. 
SEC. 8111. None of the funds made available by this 
Act may be used by the Secretary of Defense to take bene-
ficial occupancy of more than 2,000 parking spaces (other 
than handicap-reserved spaces) to be provided by the 
BRAC 133 project: Provided, That this limitation may be 
waived in part if: (1) the Secretary of Defense certifies 
to Congress that levels of service at existing intersections 
in the vicinity of the project have not experienced failing 
levels of service as defined by the Transportation Research 
Board Highway Capacity Manual over a consecutive 90- 
day period; (2) the Department of Defense and the Vir-
ginia Department of Transportation agree on the number 
of additional parking spaces that may be made available 
to employees of the facility subject to continued 90-day 
traffic monitoring; and (3) the Secretary of Defense noti-
fies the congressional defense committees in writing at 
least 14 days prior to exercising this waiver of the number 
of additional parking spaces to be made available: Pro-
vided further, That the Secretary of Defense shall imple-
ment the Department of Defense Inspector General rec-
ommendations outlined in report number DODIG–2012– 
024, and certify to Congress not later than 180 days after 
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enactment of this Act that the recommendations have been 
implemented. 
SEC. 8112. (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 
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 Force’s decision to relocate Air Force Material Com-
mand functions and personnel. 
SEC. 8113. Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense 
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shall resume quarterly 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 within 15 days after the end of each fiscal 
quarter. 
SEC. 8114. 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. 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. 
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(INCLUDING TRANSFER OF FUNDS) 
SEC. 8117. 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 
of the Office of Management and Budget, transfer not to 
exceed $2,000,000,000 of the funds made available in this 
Act for the National Intelligence Program: Provided, That 
such authority to transfer may not be used unless for 
higher priority items, based on unforeseen intelligence 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 a request for multiple reprogrammings of funds 
using authority provided in this section shall be made 
prior to June 30, 2012. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8118. 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-
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ments, or supplement other Federal funds to construct, 
renovate, repair, or expand elementary and secondary pub-
lic schools on military installations in order to address ca-
pacity or facility condition deficiencies at such schools: 
Provided further, That in making such funds available, the 
Office of Economic Adjustment or the Secretary of Edu-
cation shall give priority consideration to those military 
installations with schools having the most serious capacity 
or facility condition deficiencies as determined by the Sec-
retary of Defense. 
SEC. 8119. 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 of the United States; 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. 8120. (a)(1) Except as provided in paragraph 
(2) and subsection (d), 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 control of the individual’s country of ori-
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gin, any other foreign country, or any other foreign entity 
unless the Secretary of Defense submits to Congress the 
certification described in subsection (b) not later than 30 
days before the transfer of the individual. 
(2) Paragraph (1) shall not apply to any action taken 
by the Secretary to transfer any individual detained at 
Guantanamo to effectuate— 
(A) an order affecting the disposition of the in-
dividual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction 
(which the Secretary shall notify Congress of 
promptly after issuance); or 
(B) a pre-trial agreement entered in a military 
commission case prior to the date of the enactment 
of this Act. 
(b) A certification described in this subsection is a 
written certification made by the Secretary of Defense, 
with the concurrence of the Secretary of State and in con-
sultation with the Director of National Intelligence, that— 
(1) the government of the foreign country or 
the recognized leadership of the foreign entity to 
which the individual detained at Guantanamo is to 
be transferred— 
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(A) is not a designated state sponsor of 
terrorism or a designated foreign terrorist orga-
nization; 
(B) maintains control over each detention 
facility in which the individual is to be detained 
if the individual is to be housed in a detention 
facility; 
(C) is not, as of the date of the certifi-
cation, facing a threat that is likely to substan-
tially affect its ability to exercise control over 
the individual; 
(D) has taken or agreed to take effective 
actions to ensure that the individual cannot 
take action to threaten the United States, its 
citizens, or its allies in the future; 
(E) has taken or agreed to take such ac-
tions as the Secretary of Defense determines 
are necessary to ensure that the individual can-
not engage or reengage in any terrorist activity; 
and 
(F) has agreed to share with the United 
States any information that— 
(i) is related to the individual or any 
associates of the individual; and 
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(ii) could affect the security of the 
United States, its citizens, or its allies; and 
(2) includes an assessment, in classified or un-
classified form, of the capacity, willingness, and past 
practices (if applicable) of the foreign country or en-
tity in relation to the Secretary’s certifications. 
(c)(1) Except as provided in paragraph (2) and sub-
section (d), 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 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 trans-
ferred to such foreign country or entity and subsequently 
engaged in any terrorist activity. 
(2) Paragraph (1) shall not apply to any action taken 
by the Secretary to transfer any individual detained at 
Guantanamo to effectuate— 
(A) an order affecting the disposition of the in-
dividual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction 
(which the Secretary shall notify Congress of 
promptly after issuance); or 
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(B) a pre-trial agreement entered in a military 
commission case prior to the date of the enactment 
of this Act. 
(d)(1) The Secretary of Defense may waive the appli-
cability to a detainee transfer of a certification require-
ment specified in subparagraph (D) or (E) of subsection 
(b)(1) or the prohibition in subsection (c), if the Secretary 
certifies the rest of the criteria required by subsection (b) 
for transfers prohibited by (c) and, with the concurrence 
of the Secretary of State and in consultation with the Di-
rector of National Intelligence, determines that— 
(A) alternative actions will be taken to address 
the underlying purpose of the requirement or re-
quirements to be waived; 
(B) in the case of a waiver of subparagraph (D) 
or (E) of subsection (b)(1), it is not possible to cer-
tify that the risks addressed in the paragraph to be 
waived have been completely eliminated, but the ac-
tions to be taken under subparagraph (A) will sub-
stantially mitigate such risks with regard to the indi-
vidual to be transferred; 
(C) in the case of a waiver of subsection (c), the 
Secretary has considered any confirmed case in 
which an individual who was transferred to the 
country subsequently engaged in terrorist activity, 
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and the actions to be taken under subparagraph (A) 
will substantially mitigate the risk of recidivism with 
regard to the individual to be transferred; and 
(D) the transfer is in the national security in-
terests of the United States. 
(2) Whenever the Secretary makes a determination 
under paragraph (1), the Secretary shall submit to the ap-
propriate committees of Congress, not later than 30 days 
before the transfer of the individual concerned, the fol-
lowing: 
(A) A copy of the determination and the waiver 
concerned. 
(B) A statement of the basis for the determina-
tion, including— 
(i) an explanation why the transfer is in 
the national security interests of the United 
States; and 
(ii) in the case of a waiver of subparagraph 
(D) or (E) of subsection (b)(1), an explanation 
why it is not possible to certify that the risks 
addressed in the subparagraph to be waived 
have been completely eliminated. 
(C) A summary of the alternative actions to be 
taken to address the underlying purpose of, and to 
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mitigate the risks addressed in, the subparagraph or 
subsection to be waived. 
(D) The assessment required by subsection 
(b)(2). 
(e) In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Appropriations, and the Select 
Committee on Intelligence of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Appropriations, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives. 
(2) The term ‘‘individual detained at Guanta-
namo’’ means any individual 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 control 
of the Department of Defense; or 
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(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
(3) 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. 8121. (a) None of the funds appropriated or 
otherwise made available in this or any other Act may be 
used to construct, acquire, or modify any facility in the 
United States, its territories, or possessions to house any 
individual described in subsection (c) for the purposes of 
detention or imprisonment in the custody or under the ef-
fective 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— 
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(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. 8122. Of the funds made available to the De-
partment of Defense under ‘‘Operation and Maintenance, 
Defense-Wide’’ in title II, $1,000,000 may be available to 
the Department to competitively commission an inde-
pendent assessment of the current and prospective situa-
tion on the ground in Afghanistan and Pakistan, including 
the strategic environment in and around Afghanistan and 
Pakistan; the security, political, and economic and recon-
struction developments in those two countries; and rel-
evant policy recommendations relating thereto. 
SEC. 8123. 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— 
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(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, 
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 
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131 
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-
ment, including the locations of such activities 
or services. 
SEC. 8124. 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, where the awarding agency is aware of the unpaid 
tax liability, unless the agency has considered suspension 
or debarment of the corporation and made a determination 
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132 
that this further action is not necessary to protect the in-
terests of the Government. 
SEC. 8125. 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, 
where the awarding agency is aware of the conviction, un-
less the agency has considered suspension or debarment 
of the corporation and made a determination that this fur-
ther action is not necessary to protect the interests of the 
Government. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8126. There is hereby established in the Treas-
ury of the United States the ‘‘Military Intelligence Pro-
gram Transfer Fund’’. In addition to amounts provided 
elsewhere in this Act, there is appropriated $310,758,000 
for the ‘‘Military Intelligence Program Transfer Fund’’: 
Provided, That of the funds made available in this section, 
the Secretary of Defense may transfer these funds only 
to ‘‘Operation and Maintenance, Defense-Wide’’ or ‘‘Re-
search, Development, Test and Evaluation, Defense- 
Wide’’ and only for the purposes described in the classified 
annex accompanying this Act: Provided further, That the 
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133 
Secretary shall notify the congressional defense commit-
tees in writing of the details of any such transfer not fewer 
than 15 days prior to making such transfers: Provided fur-
ther, That funds transferred shall be merged with and be 
available for the same purposes and for the same time pe-
riod as the appropriations to which the funds are trans-
ferred: Provided further, That this transfer authority is in 
addition to any other transfer authority provided in this 
Act. 
SEC. 8127. None of the funds made available by this 
Act may be used in contravention of section 1590 or 1591 
of title 18, United States Code, or in contravention of the 
requirements of section 106(g) or (h) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 
(h)). 
SEC. 8128. None of the funds made available by this 
Act for international military education and training, for-
eign military financing, excess defense articles, assistance 
under section 1206 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3456), issuance for direct commercial sales of military 
equipment, or peacekeeping operations for the countries 
of Chad, Yemen, Somalia, Sudan, Democratic Republic of 
the Congo, and Burma may be used to support any mili-
tary training or operations that include child soldiers, as 
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defined by the Child Soldiers Prevention Act of 2008, and 
except if such assistance is otherwise permitted under sec-
tion 404 of the Child Soldiers Prevention Act of 2008 
(Public Law 110–457; 22 U.S.C. 2370c–1). 
SEC. 8129. None of the funds made available by this 
Act may be used in contravention of the War Powers Res-
olution (50 U.S.C. 1541 et seq.). 
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135 
TITLE IX 
OVERSEAS CONTINGENCY OPERATIONS 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $7,195,335,000: Provided, That such amounts in 
this paragraph are designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $1,259,234,000: Provided, That such amounts in 
this paragraph are designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $714,360,000: Provided, That such 
amounts in this paragraph are designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
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MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $1,492,381,000: Provided, That such 
amounts in this paragraph are designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $207,162,000: Provided, That such amounts in 
this paragraph are designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $44,530,000: Provided, That such amounts in this 
paragraph are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, 
Marine Corps’’, $25,421,000: Provided, That such 
amounts in this paragraph are designated by the Congress 
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for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, 
Air Force’’ $26,815,000: Provided, That such amounts in 
this paragraph are designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $664,579,000: Provided, That such 
amounts in this paragraph are designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Per-
sonnel, Air Force’’, $9,435,000: Provided, That such 
amounts in this paragraph are designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
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138 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $44,794,156,000: Provided, That such 
amounts in this paragraph are designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $7,674,026,000: Provided, That such 
amounts in this paragraph are designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $3,935,210,000: Provided, That 
such amounts in this paragraph are designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
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139 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $10,879,347,000: Provided, That 
such amounts in this paragraph are designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $9,252,211,000: Provided, That 
each amount in this section is designated by the Congress 
for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985: Pro-
vided further, That of the funds provided under this head-
ing: Not to exceed $1,690,000,000, to remain available 
until September 30, 2013, for payments to reimburse key 
cooperating nations for logistical, military, and other sup-
port, including access, provided to United States military 
operations in support of Operation Enduring Freedom, 
Operation New Dawn, and post-operation Iraq border se-
curity related to the activities of the Office of Security 
Cooperation in Iraq, notwithstanding any other provision 
of law: Provided further, That such reimbursement pay-
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ments may be made in such amounts as the Secretary of 
Defense, with the concurrence of the Secretary of State, 
and in consultation with the Director of the Office of Man-
agement and Budget, may determine, in his discretion, 
based on documentation determined by the Secretary of 
Defense to adequately account for the support provided, 
and such determination is final and conclusive upon the 
accounting officers of the United States, and 15 days fol-
lowing notification to the appropriate congressional com-
mittees: Provided further, That the requirement to provide 
notification shall not apply with respect to a reimburse-
ment for access based on an international agreement: Pro-
vided further, That these funds may be used for the pur-
pose of providing specialized training and procuring sup-
plies and specialized equipment and providing such sup-
plies and loaning such equipment on a non-reimbursable 
basis to coalition forces supporting United States military 
operations in Afghanistan, and 15 days following notifica-
tion to the appropriate congressional committees: Provided 
further, That the Secretary of Defense shall provide quar-
terly reports to the congressional defense committees on 
the use of funds provided in this paragraph. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Army Reserve’’, $217,500,000: Provided, That 
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such amounts in this paragraph are designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Navy Reserve’’, $74,148,000: Provided, That 
such amounts in this paragraph are designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps Reserve’’, $36,084,000: Provided, 
That such amounts in this paragraph are designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force Reserve’’, $142,050,000: Provided, 
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That such amounts in this paragraph are designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Army National Guard’’, $377,544,000: Provided, 
That such amounts in this paragraph are designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Air National Guard’’, $34,050,000: Provided, 
That such amounts in this paragraph are designated by 
the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
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143 
AFGHANISTAN INFRASTRUCTURE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For 
the 
‘‘Afghanistan 
Infrastructure 
Fund’’, 
$400,000,000, to remain available until September 30, 
2013: Provided, That such sums shall be available for 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 
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of making available the administrative authorities con-
tained in that Act: Provided further, That the transfer au-
thority in the preceding proviso is in addition to any other 
authority available to the Department of Defense to trans-
fer funds: Provided further, That any unexpended funds 
transferred to the Secretary of State under this authority 
shall be returned to the Afghanistan Infrastructure Fund 
if the Secretary of State, in coordination with the Sec-
retary of Defense, determines that the project cannot be 
implemented for any reason, or that the project no longer 
supports the counterinsurgency strategy in Afghanistan: 
Provided further, That any funds returned to the Sec-
retary of Defense under the previous proviso shall be avail-
able for use under this appropriation and shall be treated 
in the same manner as funds not transferred to the Sec-
retary of State: Provided further, That contributions of 
funds for the purposes provided herein to the Secretary 
of State in accordance with section 635(d) of the Foreign 
Assistance Act from any person, foreign government, or 
international organization may be credited to this Fund, 
to remain available until expended, and used for such pur-
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 
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any such transfer: Provided further, That the ‘‘appropriate 
committees of Congress’’ are the Committees on Armed 
Services, Foreign Relations and Appropriations of the 
Senate and the Committees on Armed Services, Foreign 
Affairs and Appropriations of the House of Representa-
tives: Provided further, That such amounts in this para-
graph are designated by the Congress for Overseas Con-
tingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
AFGHANISTAN SECURITY FORCES FUND 
For the ‘‘Afghanistan Security Forces Fund’’, 
$11,200,000,000, to remain available until September 30, 
2013: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
of law, for the purpose of allowing the Commander, Com-
bined Security Transition Command—Afghanistan, or the 
Secretary’s designee, to provide assistance, with the con-
currence of the Secretary of State, to the security forces 
of Afghanistan, including the provision of equipment, sup-
plies, services, training, facility and infrastructure repair, 
renovation, and construction, and funding: Provided fur-
ther, That the authority to provide assistance under this 
heading is in addition to any other authority to provide 
assistance to foreign nations: Provided further, That con-
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146 
tributions of funds for the purposes provided herein from 
any person, foreign government, or international organiza-
tion may be credited to this Fund and used for such pur-
poses: Provided further, That the Secretary of Defense 
shall notify the congressional defense committees in writ-
ing upon the receipt and upon the obligation of any con-
tribution, delineating the sources and amounts of the 
funds received and the specific use of such contributions: 
Provided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to obligating from this appro-
priation account, notify the congressional defense commit-
tees in writing of the details of any such obligation: Pro-
vided further, That the Secretary of Defense shall notify 
the congressional defense committees of any proposed new 
projects or transfer of funds between budget sub-activity 
groups in excess of $20,000,000: Provided further, That 
such amounts in this paragraph are designated by the 
Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, 
Army’’, $1,137,381,000, to remain available until Sep-
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