[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1363 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1363
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2011, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 4, 2011
Mr. Rogers of Kentucky introduced the following bill; which was
referred to the Committee on Appropriations, and in addition to the
Committee on the Budget, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2011, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Division A--Department of Defense Appropriations, 2011
Division B--Further Continuing Appropriations, 2011
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2011
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2011, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $41,042,653,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $25,912,449,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $13,210,161,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $27,105,755,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve 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 authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,333,165,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy 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 undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,940,191,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent 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,
$612,191,000.
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 while undergoing
reserve 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, $1,650,797,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of 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 undergoing 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,
$7,511,296,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
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 undergoing 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,
$3,060,098,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $12,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $33,306,117,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,804,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$37,809,239,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,539,740,000.
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 expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $36,062,989,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$30,210,810,000: Provided, That not more than $50,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity
for confidential military purposes: Provided further, That of the
funds provided under this heading, not less than $31,659,000 shall be
made available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That
$8,251,000, 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
evaluation 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 investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,840,427,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,344,264,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $275,484,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,291,027,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,454,624,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, 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, $5,963,839,000.
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, $14,068,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $464,581,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
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
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $304,867,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the 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
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $502,653,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made 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 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 authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $10,744,000, to remain available
until transferred: Provided, That the Secretary 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 appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the 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 authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $316,546,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
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: 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 authority
provided 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 sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $108,032,000, to remain available until
September 30, 2012.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and,
with appropriate authorization by the Department 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 establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $522,512,000, to remain available until September 30, 2013:
Provided, That of the amounts provided under this heading, not less
than $13,500,000 shall be available only to support the dismantling and
disposal of nuclear 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 Workforce Development
Fund, $217,561,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, 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, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $5,254,791,000, to remain available for obligation until
September 30, 2013.
Missile Procurement, Army
For construction, procurement, production, modification, 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, 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 contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,570,108,000, to remain available for obligation until
September 30, 2013.
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 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, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,461,086,000, to remain available for obligation until September 30,
2013.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
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
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,847,066,000, to remain available for
obligation until September 30, 2013.
Other Procurement, Army
(including transfer of funds)
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 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 contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$8,145,665,000, to remain available for obligation until September 30,
2013: Provided, That of the funds made available in this paragraph,
$15,000,000 shall be made available to procure equipment, not otherwise
provided for, and may be transferred to other procurement accounts
available to the Department of the Army, and that funds so transferred
shall be available for the same purposes and the same time period as
the account to which transferred.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary 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 contractor-owned
equipment layaway, $16,170,868,000, to remain available for obligation
until September 30, 2013.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
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
contractor-owned equipment layaway, $3,221,957,000, to remain available
for obligation until September 30, 2013.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
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
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $790,527,000, to remain available for
obligation until September 30, 2013.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-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 therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program, $1,721,969,000.
Carrier Replacement Program (AP), $908,313,000.
NSSN, $3,430,343,000.
NSSN (AP), $1,691,236,000.
CVN Refueling, $1,248,999,000.
CVN Refuelings (AP), $408,037,000.
DDG-1000 Program, $77,512,000.
DDG-51 Destroyer, $2,868,454,000.
DDG-51 Destroyer (AP), $47,984,000.
Littoral Combat Ship, $1,168,984,000.
Littoral Combat Ship (AP), $190,351,000.
LHA-R, $942,837,000.
Joint High Speed Vessel, $180,703,000.
Oceanographic Ships, $88,561,000.
LCAC Service Life Extension Program, $83,035,000.
Service Craft, $13,770,000.
For outfitting, post delivery, conversions, and first
destination transportation, $295,570,000.
In all: $15,366,658,000, to remain available for obligation until
September 30, 2015: Provided, That additional obligations may be
incurred after September 30, 2015, 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 construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
(including transfer of funds)
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, and the purchase of seven vehicles required for physical security
of personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $250,000 per vehicle; expansion of public
and private plants, including the land necessary 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 contractor-owned
equipment layaway, $5,804,963,000, to remain available for obligation
until September 30, 2013: Provided, That of the funds made available
in this paragraph, $15,000,000 shall be made available to procure
equipment, not otherwise provided for, and may be transferred to other
procurement accounts available to the Department of the Navy, and that
funds so transferred shall be available for the same purposes and the
same time period as the account to which transferred.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, 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; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,236,436,000, to remain available for obligation
until September 30, 2013.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $13,483,739,000, to remain available for
obligation until September 30, 2013: Provided, That none of the funds
provided in this Act for modification of C-17 aircraft, Global Hawk
Unmanned Aerial Vehicle and F-22 aircraft may be obligated until all C-
17, Global Hawk and F-22 contracts funded with prior year ``Aircraft
Procurement, Air Force'' appropriated funds are definitized unless the
Secretary of the Air Force certifies in writing to the congressional
defense committees that each such obligation is necessary to meet the
needs of a warfighting requirement or prevents increased costs to the
taxpayer, and provides the reasons for failing to definitize the prior
year contracts along with the prospective contract definitization
schedule: Provided further, That the Secretary of the Air Force shall
expand the current HH-60 Operational Loss Replacement program to meet
the approved HH-60 Recapitalization program requirements.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things,
$5,424,764,000, to remain available for obligation until September 30,
2013.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
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
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $731,487,000, to remain available for
obligation until September 30, 2013.
Other Procurement, Air Force
(including transfer of funds)
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only, and the purchase of two vehicles
required for physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to exceed $250,000
per vehicle; lease of passenger motor vehicles; and expansion of public
and private plants, Government-owned equipment and installation thereof
in such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $17,568,091,000, to remain available for obligation until
September 30, 2013: Provided, That of the funds made available in this
paragraph, $15,000,000 shall be made available to procure equipment,
not otherwise provided for, and may be transferred to other procurement
accounts available to the Department of the Air Force, and that funds
so transferred shall be available for the same purposes and the same
time period as the account to which transferred.
Procurement, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and 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 Government and contractor-owned equipment
layaway, $4,009,321,000, to remain available for obligation until
September 30, 2013: Provided, That of the funds made available in this
paragraph, $15,000,000 shall be made available to procure equipment,
not otherwise provided for, and may be transferred to other procurement
accounts available to the Department of Defense, and that funds so
transferred shall be available for the same purposes and the same time
period as the account to which transferred.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $34,346,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$9,710,998,000, to remain available for obligation until September 30,
2012.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$17,736,303,000, to remain available for obligation until September 30,
2012: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided further, That
funds appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$26,517,405,000, to remain available for obligation until September 30,
2012.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, 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, $20,797,412,000, to remain
available for obligation until September 30, 2012: Provided, That of
the funds made available in this paragraph, $3,200,000 shall only be
available for program management and oversight of innovative research
and development.
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 operational 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, $194,910,000, to remain available for obligation
until September 30, 2012.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,434,536,000.
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, $1,474,866,000, 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 propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$31,382,198,000; of which $29,671,764,000 shall be for operation and
maintenance, of which not to exceed 1 percent shall remain available
until September 30, 2012, and of which up to $16,212,121,000 may be
available for contracts entered into under the TRICARE program; of
which $534,921,000, to remain available for obligation until September
30, 2013, shall be for procurement; and of which $1,175,513,000, to
remain available for obligation until September 30, 2012, 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
evaluation, not less than $10,000,000 shall be available for HIV
prevention educational activities undertaken in connection with United
States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations.
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, to include construction of facilities, in accordance
with the provisions of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of
other chemical warfare materials that are not in the chemical weapon
stockpile, $1,467,307,000, of which $1,067,364,000 shall be for
operation and maintenance, of which no less than $111,178,000, shall be
for the Chemical Stockpile Emergency Preparedness Program, consisting
of $35,130,000 for activities on military installations and
$76,048,000, to remain available until September 30, 2012, to assist
State and local governments; $7,132,000 shall be for procurement, to
remain available until September 30, 2013; and $392,811,000, to remain
available until September 30, 2012, shall be for research, development,
test and evaluation, of which $385,868,000 shall only be for the
Assembled Chemical Weapons Alternatives (ACWA) program.
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 available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,156,957,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $306,794,000, of which $305,794,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $1,000,000, to remain available until September
30, 2013, shall be for procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $292,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $649,732,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment 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 indirect 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 percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That, in the case of a host nation that does not provide salary
increases on an annual basis, any increase granted by that nation shall
be annualized for the purpose of applying the preceding proviso:
Provided further, That this section shall not apply to Department of
Defense foreign service national employees serving at United States
diplomatic missions whose pay is set by the Department of State under
the Foreign Service Act of 1980: Provided further, That the
limitations of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training 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 interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$4,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) 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 requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested 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 prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been 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, 2011: 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 programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement regarding this Act,
the obligation and expenditure of amounts appropriated or otherwise
made available in this Act for those programs, projects, and activities
for which the amounts appropriated exceed the amounts requested are
hereby required by law to be carried out in the manner provided by such
tables to the same extent as if the tables were included in the text of
this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2011: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
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 balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
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''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the 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 Secretary of Defense has notified the Congress prior to any
such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional 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 includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance
procurement activities in the fiscal year covered by the
budget, full funding of procurement of such unit in that fiscal
year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units to
be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
Navy MH-60R/S Helicopter Systems.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2011, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2012 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2012 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2012.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation 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 student and receiving benefits paid by the
Secretary of Veterans 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: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only
to active components of the Army.
Sec. 8015. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage 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 premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees
under chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established
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 performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by
an Indian tribe, as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)), or a Native Hawaiian Organization,
as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(transfer of funds)
Sec. 8016. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense 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: Provided, That subsection (j) of
section 831 of the National Defense Authorization Act for Fiscal Year
1991 is amended by striking ``September 30, 2010'' and inserting
``September 30, 2011'', and by striking ``September 30, 2013'' and
inserting ``September 30, 2014''.
Sec. 8017. 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 substantially
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 blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United States:
Provided further, That when 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 purposes.
Sec. 8018. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition 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. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8020. In addition to the funds provided elsewhere in this
Act, $15,000,000 is appropriated only for incentive payments authorized
by section 504 of the Indian 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
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 430 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part by any subcontractor or
supplier 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. 8021. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8022. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8023. (a) Of the funds made available in this Act, not less
than $30,374,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $27,048,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving
youth programs;
(2) $2,424,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $902,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8024. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
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 compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year:
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 Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2011 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to 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 2011, not more than
5,750 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That of the specific amount referred to
previously in this subsection, not more than 1,125 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2012 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$125,000,000.
Sec. 8025. 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 facility 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 restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8026. 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
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8027. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8028. (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 American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2011. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8029. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687
note) shall be available until expended for the payments specified by
section 2921(c)(2) of that Act.
Sec. 8030. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and 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 subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list 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. 8031. During the current fiscal year, appropriations 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. 8032. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during 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 2012 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2012 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2012 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. 8033. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2012: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence 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
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947, as
amended, shall remain available until September 30, 2012.
Sec. 8034. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8035. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8036. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8037. 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 scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this
limitation shall not apply to contracts in an amount of less
than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which
a civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
Sec. 8038. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and 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 improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats; or
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense.
Sec. 8039. The Secretary of Defense, notwithstanding any other
provision of law, acting through the Office of Economic Adjustment of
the Department of Defense, 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 accordance with the
guidance provided in the explanatory statement regarding this Act.
(rescissions)
Sec. 8040. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2009/2011'', $86,300,000.
``Other Procurement, Army, 2009/2011'', $147,600,000.
``Aircraft Procurement, Navy, 2009/2011'', $26,100,000.
``Aircraft Procurement, Air Force, 2009/2011'',
$116,900,000.
``Aircraft Procurement, Army, 2010/2012'', $14,000,000.
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2010/2012'', $36,000,000.
``Missile Procurement, Army, 2010/2012'', $9,171,000.
``Aircraft Procurement, Navy, 2010/2012'', $284,847,000.
``Procurement of Ammunition, Navy and Marine Corps, 2010/
2012'', $11,576,000.
Under the heading, ``Shipbuilding and Conversion, Navy,
2010/2014'': DDG-51 Destroyer, $22,000,000.
``Other Procurement, Navy, 2010/2012'', $9,042,000.
``Aircraft Procurement, Air Force, 2010/2012'',
$151,300,000.
``Other Procurement, Air Force, 2010/2012'', $36,600,000.
``Research, Development, Test and Evaluation, Army, 2010/
2011'', $53,500,000.
``Research, Development, Test and Evaluation, Air Force,
2010/2011'', $198,600,000.
``Research, Development, Test and Evaluation, Defense-Wide,
2010/2011'', $10,000,000.
Sec. 8041. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, Air National Guard, Army Reserve and Air Force
Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8042. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant 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 counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence 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 assigned to military treatment facilities
below the September 30, 2003, level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population is
declining in some catchment areas and civilian strength reductions may
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 interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence 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
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, 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 manufactured in the United States,
unless the Secretary of Defense 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 available 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 approves or implements the transfer of
administrative responsibilities 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 without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
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 committees, 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-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment 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 transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how
the President proposes to provide funds for such
replacement.
Sec. 8050. None of the funds available to the Department 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 associated
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-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 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 expired 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 obligation
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 availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section 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 permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, 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 Distance 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 Republic 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
anthracite as the base load energy for municipal district heat to the
United States Defense installations: Provided further, That at
Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services, if
provisions are 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 delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, 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 activities 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 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 country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(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 application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, 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 involving a unit of the security
forces or police of a foreign country if the Secretary of Defense has
received credible information from the Department of State that the
unit has committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the Secretary of
State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given to
all credible information available to the Department of State relating
to human rights violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the Secretary
of State, may waive the prohibition in subsection (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
training program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8059. None of the funds appropriated or made available in
this Act to the Department of the Navy shall be used to develop, lease
or procure the T-AKE class of ships unless the main propulsion diesel
engines and propulsors are manufactured in the United States by a
domestically operated entity: Provided, 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 adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire
capability for national security purposes or there exists a significant
cost or quality difference.
Sec. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8061. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 30 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional 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. 8062. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment of this Act, to the
House and Senate Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8063. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support
to another department or agency of the United States if such department
or agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable
basis, and is providing the requested support pursuant to such
authority: Provided 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. 8064. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8065. 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 nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8066. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8067. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided 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.
Sec. 8068. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year, and
hereafter, may be used to fund civil requirements associated with the
satellite and ground control segments of such system's modernization
program.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $147,258,300 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
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 operations 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 necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8070. Section 8106 of the Department of Defense
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 continue in effect to apply to disbursements that are
made by the Department of Defense in fiscal year 2011.
Sec. 8071. In addition to amounts provided elsewhere in this Act,
$4,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation 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 interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $415,115,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$205,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, $84,722,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program, including
cruise missile defense research and development under the SRBMD
program, $58,966,000 shall be available for an upper-tier component to
the Israeli Missile Defense Architecture, and $66,427,000 shall be for
the Arrow System Improvement Program including development of a long
range, ground and airborne, detection suite, of which $12,000,000 shall
be for producing Arrow missile components in the United States and
Arrow missile components in Israel to meet Israel's defense
requirements, consistent with each nation's laws, regulations and
procedures: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations available for the procurement of weapons
and equipment, to be merged with and to be available for the same time
period and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
Sec. 8073. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command administrative and operational control of
U.S. Navy forces assigned to the Pacific fleet: Provided, That the
command and control relationships which existed on October 1, 2004,
shall remain in force unless changes are specifically authorized in a
subsequent Act.
Sec. 8074. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the provisions of
section 7403(g) of title 38, United States Code, for occupations listed
in section 7403(a)(2) of title 38, United States Code, as well as the
following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory Therapists,
Speech Pathologists, Dietitian/Nutritionists, Industrial
Hygienists, Psychology Technicians, Social Service Assistants,
Practical Nurses, Nursing Assistants, and Dental Hygienists:
(A) The requirements of section 7403(g)(1)(A) of
title 38, United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of
title 38, United States Code, shall not apply.
Sec. 8075. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2011 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2011.
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 of national security and only after written
prior notification to the congressional defense committees.
Sec. 8077. The budget of the President for fiscal year 2012
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, and the Procurement accounts: Provided, That
these documents shall include a description of the funding requested
for each contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations account:
Provided further, That these documents shall include estimated costs
for each element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop strength for
each Active and Reserve component, and 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 operations for the budget year and the two
preceding fiscal years.
Sec. 8078. None of the funds in this Act may be used for research,
development, test, evaluation, procurement 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, $65,200,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, he shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations; $24,000,000
to the Red Cross; $1,200,000 to the Special Olympics; and $20,000,000
to the Youth Mentoring Grants Program: Provided further, That funds
available in this section for the Youth Mentoring Grants Program may be
available for transfer to the Department of Justice Youth Mentoring
Grants Program.
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 Squadron 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 requirements during the non-hurricane
season.
Sec. 8081. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign 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 implemented through Executive Order No.
12333.
Sec. 8082. (a) At the time members of reserve components of the
Armed Forces are called or ordered to active duty under section
12302(a) of title 10, United States Code, each member shall be notified
in writing of the expected period during which the member will be
mobilized.
(b) The Secretary of Defense may waive the requirements 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 appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally 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 subdivision 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 development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
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 unmanned aerial vehicles.
Sec. 8086. Notwithstanding any other provision of law or
regulation, during the current fiscal year and hereafter, the Secretary
of Defense may adjust wage rates for civilian employees hired for
certain health care occupations as authorized for the Secretary of
Veterans Affairs by section 7455 of title 38, United States Code.
Sec. 8087. Up to $15,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses:
Provided further, That funds may not be obligated to provide assistance
to any foreign country that is otherwise prohibited from receiving such
type of assistance under any other provision of law.
Sec. 8088. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2012.
Sec. 8089. 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
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8090. Notwithstanding any other provision of law, not more
than 35 percent of funds provided in this Act for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8091. 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
$20,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning; P-
21, Production Schedule; and P-40, Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1,
RDT&E Program; R-2, RDT&E Budget Item Justification; R-3, RDT&E
Project Cost Analysis; and R-4, RDT&E Program Schedule Profile.
Sec. 8092. The Secretary of Defense shall create a major force
program category for space for each future-years defense program of the
Department of Defense submitted to Congress under section 221 of title
10, United States Code, during fiscal year 2011. The Secretary of
Defense shall designate an official in the Office of the Secretary of
Defense to provide overall supervision of the preparation and
justification of program recommendations and budget proposals to be
included in such major force program category.
Sec. 8093. (a) Not later than 60 days after enactment of this Act,
the Office of the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2011: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
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
associated 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 Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee 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 continue to report
incremental contingency operations costs for Operation New Dawn and
Operation Enduring Freedom on a monthly basis in the Cost of War
Execution Report as prescribed in the Department of Defense Financial
Management Regulation Department of Defense Instruction 7000.14, Volume
12, Chapter 23 ``Contingency Operations'', Annex 1, dated September
2005.
Sec. 8097. The amounts appropriated in title II of this Act are
hereby reduced by $483,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows: From
``Operation and Maintenance, Army'', $483,000,000.
(including transfer of funds)
Sec. 8098. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8099. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $24,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That funds
transferred under this provision are to be merged with and available
for the same purposes and time period as the appropriation to which
transferred: Provided further, That the Office of Management and
Budget must approve any transfers made under this provision.
Sec. 8100. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances to
the Defense Acquisition Workforce Development Fund in accordance with
the requirements of section 1705 of title 10, United States Code.
Sec. 8101. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8102. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000 unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention;
or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
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 Federal 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 subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract 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 application 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 personally 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 determination 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 Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(e) By March 1, 2011, or within 60 days after enactment of this
Act, whichever is later, the Government Accountability Office shall
submit a report to the Congress evaluating the effect that the
requirements of this section have had on national security, including
recommendations, if any, for changes to these requirements.
Sec. 8103. (a) Prohibition on Conversion of Functions Performed by
Federal Employees to Contractor Performance.--None of the funds
appropriated by this Act or otherwise available to the Department of
Defense may be used to begin or announce the competition to award to a
contractor or convert to performance by a contractor any functions
performed by Federal employees pursuant to a study conducted under
Office of Management and Budget (OMB) Circular A-76.
(b) Exception.--The prohibition in subsection (a) shall not apply
to the award of a function to a contractor or the conversion of a
function to performance by a contractor pursuant to a study conducted
under Office of Management and Budget (OMB) Circular A-76 once all
reporting and certifications required by section 325 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) have
been satisfactorily completed.
Sec. 8104. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical or mission
essential business management information technology system that is not
registered with the Director of National Intelligence. A system shall
be considered to be registered with that officer upon the furnishing
notice of the system, together with such information concerning the
system as the Director of the Business Transformation Office may
prescribe.
(2) During the current fiscal year no funds may be obligated or
expended for a financial management automated information system, a
mixed information system supporting 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 Business
Transformation Office, and the designated Intelligence Community
functional lead element.
(b) The Director of the Business Transformation Office shall
provide the congressional intelligence committees a semi-annual report
of approvals under paragraph (1) no later than March 30 and September
30 of each year. The report shall include the results of the Business
Transformation Investment Review Board's semi-annual activities, and
each report shall certify that the following steps have been taken for
systems approved under paragraph (1):
(1) Business process reengineering.
(2) An analysis of alternatives and an economic analysis
that includes a calculation of the return on investment.
(3) Assurance the system is compatible with the enterprise-
wide business architecture.
(4) Performance measures.
(5) An information assurance strategy consistent with the
Chief Information Officer of the Intelligence Community.
(c) This section shall not apply to any programmatic or analytic
systems or programmatic or analytic system improvements.
(including transfer of funds)
Sec. 8105. Of the funds appropriated in this Act for the Office of
the Director of National Intelligence, $50,000,000, may be transferred
to appropriations available to the Central Intelligence Agency, the
National Security Agency, and the National Geospatial Intelligence
Agency, the Defense Intelligence Agency and the National Reconnaissance
Office for the Business Transformation Transfer Funds, to be merged
with and to be available for the same time period and the same purposes
as the appropriation to which transferred: Provided, That the transfer
authority provided under this provision is in addition to any other
transfer authority contained in this Act.
(including transfer of funds)
Sec. 8106. In addition to funds made available elsewhere in this
Act, there is hereby appropriated $538,875,000, to remain available
until transferred: Provided, That these funds are appropriated to the
``Tanker Replacement Transfer Fund'' (referred to as ``the Fund''
elsewhere in this section): Provided further, That the Secretary of
the Air Force may transfer amounts in the Fund to ``Operation and
Maintenance, Air Force'', ``Aircraft Procurement, Air Force'', and
``Research, Development, Test and Evaluation, Air Force'', only for the
purposes of proceeding with a tanker acquisition program: Provided
further, That funds transferred shall be merged with and be available
for the same purposes and for the same time period as the
appropriations or fund to which transferred: Provided further, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That the
Secretary of the Air Force shall, not fewer than 15 days prior to
making transfers using funds provided in this section, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That the Secretary shall submit a report
no later than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of the
transfer of funds from this appropriation.
(including transfer of funds)
Sec. 8107. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$132,200,000, shall be available for transfer to the Joint Department
of Defense-Department 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 operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans 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
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8108. (a) Of the amounts made available in this Act under the
heading ``Operation and Maintenance, Navy'', not less than $2,000,000,
shall be made available for leveraging the Army's Contractor Manpower
Reporting Application, modified as appropriate for Service-specific
requirements, for documenting the number of full-time contractor
employees (or its equivalent) pursuant to United States Code title 10,
section 2330a(c) and meeting the requirements of United States Code
title 10, section 2330a(e) and United States Code title 10, section
235.
(b) Of the amounts made available in this Act under the heading
``Operation and Maintenance, Air Force'', not less than $2,000,000
shall be made available for leveraging the Army's Contractor Manpower
Reporting Application, modified as appropriate for Service-specific
requirements, for documenting the number of full-time contractor
employees (or its equivalent) pursuant to United States Code title 10
section 2330a(c) and meeting the requirements of United States Code
title 10, section 2330a(e) and United States Code title 10, section
235.
(c) The Secretaries of the Army, Navy, Air Force, and the Directors
of the Defense Agencies and Field Activities (in coordination with the
appropriate Principal Staff Assistant), in coordination with the Under
Secretary of Defense for Personnel and Readiness, shall report to the
congressional defense committees within 60 days of enactment of this
Act their plan for documenting the number of full-time contractor
employees (or its equivalent), as required by United States Code title
10, section 2330a.
(including transfer of funds)
Sec. 8109. In addition to amounts provided elsewhere 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 Adjustment
of the Department of Defense, or for transfer to the Secretary of
Education, notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal funds to
construct, renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity or
facility condition deficiencies at such schools: Provided further,
That in making such funds available, the Office of Economic Adjustment
or the Secretary of Education shall give priority consideration to
those military installations with schools having the most serious
capacity or facility condition deficiencies as determined by the
Secretary of Defense.
Sec. 8110. In addition to amounts provided elsewhere in this Act,
there is appropriated $300,000,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to remain available until
expended. Such funds may be available for the Office of Economic
Adjustment, notwithstanding any other provision of law, for
transportation infrastructure improvements associated with medical
facilities related to recommendations of the Defense Base Closure and
Realignment Commission.
Sec. 8111. Section 310(b) of the Supplemental Appropriations Act,
2009 (Public Law 111-32; 124 Stat. 1871) is amended by striking ``1
year'' both places it appears and inserting ``2 years''.
Sec. 8112. The Office of the Director of National Intelligence
shall not employ more Senior Executive employees than are specified in
the classified annex: Provided, That not later than 90 days after
enactment of this Act, the Director of National Intelligence shall
certify that the Office of the Director of National Intelligence
selects individuals for Senior Executive positions in a manner
consistent with statutes, regulations, and the requirements of other
Federal agencies in making such appointments and will submit its
policies and procedures related to the appointment of personnel to
Senior Executive positions to the congressional intelligence oversight
committees.
Sec. 8113. For all major defense acquisition programs for which
the Department of Defense plans to proceed to source selection during
the current fiscal year, the Secretary of Defense shall perform an
assessment of the winning bidder to determine whether or not the
proposed costs are realistic and reasonable with respect to proposed
development and production costs. The Secretary of Defense shall
provide a report of these assessments, to specifically include whether
any cost assessments determined that such proposed costs were
unreasonable or unrealistic, to the congressional defense committees
not later than 60 days after enactment of this Act and on a quarterly
basis thereafter.
Sec. 8114. (a) The Deputy Under Secretary of Defense for
Installations and Environment, in collaboration with the Secretary of
Energy, shall conduct energy security pilot projects at facilities of
the Department of Defense.
(b) In addition to the amounts provided elsewhere in this Act,
$20,000,000, is appropriated to the Department of Defense for
``Operation and Maintenance, Defense-Wide'' for energy security pilot
projects under subsection (a).
Sec. 8115. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended 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. 8116. Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense, the Chief of the Air Force
Reserve, and the Director of the National Guard Bureau, in
collaboration with the Secretary of Agriculture and the Secretary of
the Interior, shall submit to the Committees on Appropriations of the
House and Senate, the House Committee on Agriculture, the Senate
Committee on Agriculture, Nutrition and Forestry, the House Committee
on Natural Resources, and the Senate Committee on Energy and Natural
Resources a report of firefighting aviation assets. The report required
under this section shall include each of the following:
(1) A description of the programming details necessary to
obtain an appropriate mix of fixed wing and rotor wing
firefighting assets needed to produce an effective aviation
resource base to support the wildland fire management program
into the future. Such programming details shall include the
acquisition and contracting needs of the mix of aviation
resources fleet, including the acquisition of up to 24 C-130Js
equipped with the Mobile Airborne Fire Fighting System II (in
this section referred to as ``MAFFS''), to be acquired over
several fiscal years starting in fiscal year 2012.
(2) The costs associated with acquisition and contracting
of the aviation assets described in paragraph (1).
(3) A description of the costs of the operation,
maintenance, and sustainment of a fixed and rotor wing aviation
fleet, including a C-130J/MAFFS II in an Air National Guard
tactical airlift unit construct of 4, 6, or 8 C-130Js per unit
starting in fiscal year 2012, projected out through fiscal year
2020. Such description shall include the projected costs
associated with each of the following through fiscal year 2020:
(A) Crew ratio based on 4, 6, or 8 C-130J Air
National Guard unit construct and requirement for full-
time equivalent crews.
(B) Associated maintenance and other support
personnel and requirement for full-time equivalent
positions.
(C) Yearly flying hour model and the cost for use
of a fixed and rotor wing aviation fleet, including C-
130J in its MAFFS capacity supporting the United States
Forest Service.
(D) Yearly flying hour model and cost for use of a
C-130J in its capacity supporting Air National Guard
tactical airlift training.
(E) Any other costs required to conduct both the
airlift and firefighting missions, including the Air
National Guard unit construct for C-130Js.
(4) Proposed program management, utilization, and cost
share arrangements for the aircraft described in paragraph (1)
for primary support of the Forest Service and secondary
support, on an as available basis, for the Department of
Defense, together with any proposed statutory language needed
to authorize and effectuate the same.
(5) An integrated plan for the Forest Service and the
Department of the Interior wildland fire management programs to
operate the fire fighting air tanker assets referred to in this
section.
Sec. 8117. Notwithstanding any other provision of this Act, to
reflect savings from revised economic assumptions, the total amount
appropriated in title II of this Act is hereby reduced by $244,000,000,
the total amount appropriated in title III of this Act is hereby
reduced by $258,000,000, and the total amount appropriated in title IV
of this Act is hereby reduced by $175,000,000: Provided, That the
Secretary of Defense shall allocate this reduction proportionally to
each budget activity, activity group, subactivity group, and each
program, project, and activity, within each appropriation account.
Sec. 8118. The total amount available in this Act for pay for
civilian personnel of the Department of Defense for fiscal year 2011
shall be the amount otherwise appropriated or made available by this
Act for such pay reduced by $723,000,000.
Sec. 8119. None of the funds appropriated or otherwise made
available to the Department of Defense may be used for the
disestablishment, closure, or realignment of the Joint Forces Command
unless within 120 days of the enactment of this Act--
(1) the Secretary of Defense notifies the congressional
defense committees of the proposed disestablishment, closure,
or realignment of the Joint Forces Command; and
(2) the Secretary submits to the congressional defense
committees a plan for the disestablishment, closure, or
realignment of the Joint Forces Command, which plan shall
contain at a minimum--
(A) an explanation of the projected savings of the
proposed disestablishment, closure, or realignment;
(B) a cost-benefit analysis of the proposed
disestablishment, closure, or realignment;
(C) the budgetary impact of the proposed
disestablishment, closure, or realignment;
(D) the strategic and operational consequences of
the proposed disestablishment, closure, or realignment;
and
(E) an appropriate local economic assessment of the
proposed disestablishment, closure, or realignment,
which shall include at a minimum--
(i) a list of Federal, State, and local
government departments and agencies that are
required by statute or regulation to provide
assistance and outreach for the community
affected by the proposed disestablishment,
closure, or realignment; and
(ii) a list of the contractors and
businesses affected by the proposed
disestablishment, closure, or realignment.
Sec. 8120. The explanatory statement regarding this Act, printed
in the House of Representatives section of the Congressional Record on
or about April 6, 2011, by the Chairman of the Committee on
Appropriations of the House of Representatives, shall have the same
effect with respect to the allocation of funds and implementation of
this Act as if it were a Report of the Committee on Appropriations.
Sec. 8121. None of the funds appropriated or otherwise made
available by this Act or any other appropriations 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. 8122. (a)(1) Except as provided in paragraph (2), none of the
funds appropriated or otherwise made available by this Act or any other
appropriations Act may be used to transfer any individual detained at
Guantanamo to the custody or effective control of the individual's
country of origin, any other foreign country, or any other foreign
entity unless the Secretary of Defense submits to Congress the
certification described in subsection (b) by not later than 30 days
before the transfer of the individual.
(2) Paragraph (1) shall not apply to any action taken by the
Secretary of Defense to transfer any individual detained at Guantanamo
to effectuate an order affecting the disposition of the individual that
is issued by a court or competent tribunal of the United States having
lawful jurisdiction. The Secretary of Defense shall notify Congress
promptly upon issuance of any such order.
(b) The certification described in this subsection is a written
certification made by the Secretary of Defense, with the concurrence of
the Secretary of State, that the government of the foreign country or
the recognized leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(1) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(2) maintains effective control over each detention
facility in which an individual is to be detained if the
individual is to be housed in a detention facility;
(3) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
exercise control over the individual;
(4) has agreed to take effective steps to ensure that the
individual cannot take action to threaten the United States,
its citizens, or its allies in the future;
(5) has taken such steps as the Secretary determines are
necessary to ensure that the individual cannot engage or re-
engage in any terrorist activity; and
(6) has agreed to share any information with the United
States that--
(A) is related to the individual or any associates
of the individual; and
(B) could affect the security of the United States,
its citizens, or its allies.
(c)(1) Except as provided in paragraph (3), none of the funds
appropriated or otherwise made available by this Act or any other
appropriations Act may be used to transfer any individual detained at
Guantanamo to the custody or effective control of the individual's
country of origin, any other foreign country, or any other foreign
entity if there is a confirmed case of any individual who was detained
at United States Naval Station, Guantanamo Bay, Cuba, at any time after
September 11, 2001, who was transferred to the foreign country or
entity and subsequently engaged in any terrorist activity.
(2) The Secretary of Defense may waive the prohibition in paragraph
(1) if the Secretary determines that such a transfer is in the national
security interests of the United States and includes, as part of the
certification described in subsection (b) relating to such transfer,
the determination of the Secretary under this paragraph.
(3) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate an order affecting the disposition of the individual that is
issued by a court or competent tribunal of the United States having
lawful jurisdiction. The Secretary shall notify Congress promptly upon
issuance of any such order.
(d) For the purposes of this section:
(1) The term ``individual detained at Guantanamo'' means
any individual who is located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(I) in the custody or under the effective
control of the Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(2) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
Sec. 8123. (a) None of the funds appropriated or otherwise made
available by this Act or any other appropriations Act may be used to
construct 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
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(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.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$11,468,033,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,308,719,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$732,920,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$2,060,442,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$268,031,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$48,912,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$45,437,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$27,002,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$853,022,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $16,860,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$59,212,782,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$8,970,724,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $4,008,022,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $12,989,643,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $9,276,990,000: Provided, That each amount in this section is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010: Provided further, That of the funds
provided under this heading:
(1) Not to exceed $12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation New Dawn
and Operation Enduring Freedom.
(2) Not to exceed $1,600,000,000, to remain available until
expended, for payments to reimburse key cooperating nations for
logistical, military, and other support, including access
provided to United States military operations in support of
Operation New Dawn and Operation Enduring Freedom,
notwithstanding any other provision of law: Provided, That
such reimbursement payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of
State, and in consultation with the Director of the Office of
Management 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 following
notification to the appropriate congressional committees:
Provided further, That the requirement to provide notification
shall not apply with respect to a reimbursement for access
based on an international agreement: Provided further, That
these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized
equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Iraq and
Afghanistan, and 15 days following notification to the
appropriate congressional committees: Provided further, That
the Secretary of Defense shall provide quarterly reports 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 Maintenance, Army
Reserve'', $206,784,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $93,559,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $29,685,000: Provided, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of
H. Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $203,807,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $497,849,000: Provided, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of
H. Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $417,983,000: Provided, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of
H. Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Afghanistan Infrastructure Fund
(including transfer of funds)
There is hereby established in the Treasury of the United States
the ``Afghanistan Infrastructure Fund''. For the ``Afghanistan
Infrastructure Fund'', $400,000,000, to remain available until
September 30, 2012: Provided, That such sums shall be available for
infrastructure projects in Afghanistan, notwithstanding any other
provision of law, which shall be undertaken by the Secretary of State,
unless the Secretary of State and the Secretary of Defense jointly
decide that a specific project will be undertaken by the Department of
Defense: Provided further, That the infrastructure referred to in the
preceding proviso is in support of the counterinsurgency strategy,
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 nations: 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: Provided further, That funds may be transferred
to the Department of State for purposes of undertaking projects, which
funds shall be considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act: Provided further,
That the transfer authority in the preceding proviso is in addition to
any other authority available to the Department of Defense to transfer
funds: Provided further, That any unexpended funds transferred to the
Secretary of State under this authority shall be returned to the
Afghanistan Infrastructure Fund if the Secretary of State, in
coordination with the Secretary 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 Secretary of Defense under the
previous proviso shall be available for use under this appropriation
and shall be treated in the same manner as funds not transferred to the
Secretary of State: Provided further, That 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
purposes: Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to making transfers to or from, or obligations
from the Fund, notify the appropriate committees of Congress in writing
of the details of 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 Representatives: Provided further, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of
H. Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $11,619,283,000, to
remain available until September 30, 2012: 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,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That up to $15,000,000 of these
funds may be available for coalition police trainer life support costs:
Provided further, That contributions of funds for the purposes
provided herein from any person, foreign government, or international
organization may be credited to this Fund and used for such purposes:
Provided further, That the Secretary of Defense shall notify the
congressional defense committees in writing upon the receipt and upon
the obligation of any contribution, delineating the sources and amounts
of the funds received and the specific use of such contributions:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to obligating from this appropriation account, notify the
congressional defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense shall
notify the congressional defense committees of any proposed new
projects or transfer of funds between budget sub-activity groups in
excess of $20,000,000: Provided further, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of
H. Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Iraq Security Forces Fund
For the ``Iraq Security Forces Fund'', $1,500,000,000, to remain
available until September 30, 2012: 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, United
States Forces-Iraq, or the Secretary's designee, to provide assistance,
with the concurrence of the Secretary of State, to the security forces
of Iraq, including the provision of equipment, supplies, services,
training, facility and infrastructure repair, and renovation: Provided
further, That the authority to provide assistance under this heading is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund and used for
such purposes: Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt and upon
the obligation of any contribution, delineating the sources and amounts
of the funds received and the specific use of such contributions:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to obligating from this appropriation account, notify the
congressional defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense shall
notify the congressional defense committees of any proposed new
projects or transfer of funds between budget sub-activity groups in
excess of $20,000,000: Provided further, That each amount in this
paragraph is designated as being for contingency operations directly
related to the global war on terrorism pursuant to section 3(c)(2) of
H. Res. 5 (112th Congress) and as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$2,720,138,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$343,828,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $896,996,000, to remain available until
September 30, 2013: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$369,885,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$6,423,832,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$1,269,549,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$90,502,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $558,024,000, to remain available until September 30,
2013: Provided, That each amount in this paragraph is designated as
being for contingency operations directly related to the global war on
terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and
as an emergency requirement pursuant to section 403(a) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$316,835,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,589,119,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$1,991,955,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$56,621,000, to remain available until September 30, 2013: Provided,
That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $292,959,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,868,593,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$1,262,499,000, to remain available until September 30, 2013:
Provided, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons and other procurement for the reserve
components of the Armed Forces, $850,000,000, to remain available for
obligation until September 30, 2013, of which $250,000,000 shall be
available only for the Army National Guard: Provided, That the Chiefs
of National Guard and Reserve components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$3,415,000,000, to remain available until September 30, 2012:
Provided, That such funds shall be available to the Secretary of
Defense, notwithstanding any other provision of law, to procure,
sustain, transport, and field Mine Resistant Ambush Protected vehicles:
Provided further, That the Secretary shall transfer such funds only to
appropriations made available in this or any other Act for operation
and maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish the purpose
provided herein: Provided further, That such transferred funds shall
be merged with and be available for the same purposes and the same time
period as the appropriation to which transferred: Provided further,
That this transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided further,
That the Secretary shall, not fewer than 10 days prior to making
transfers from this appropriation, notify the congressional defense
committees in writing of the details of any such transfer: Provided
further, That each amount in this paragraph is designated as being for
contingency operations directly related to the global war on terrorism
pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and as an
emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $143,234,000, to remain available until September
30, 2012: Provided, That each amount in this paragraph is designated
as being for contingency operations directly related to the global war
on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress)
and as an emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $104,781,000, to remain available until September
30, 2012: Provided, That each amount in this paragraph is designated
as being for contingency operations directly related to the global war
on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th Congress)
and as an emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $484,382,000, to remain available until
September 30, 2012: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $222,616,000, to remain available until
September 30, 2012: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$485,384,000: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,422,092,000, of which $1,398,092,000 shall be for operation and
maintenance, to remain available until September 30, 2011, and of which
$24,000,000 shall be for research, development, test and evaluation, to
remain available until September 30, 2012: Provided, That each amount
in this paragraph is designated as being for contingency operations
directly related to the global war on terrorism pursuant to section
3(c)(2) of H. Res. 5 (112th Congress) and as an emergency requirement
pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $440,510,000, to remain available until
September 30, 2012: Provided, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$2,793,768,000, 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 Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish 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
15 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That each amount in this paragraph is
designated as being for contingency operations directly related to the
global war on terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th
Congress) and as an emergency requirement pursuant to section 403(a) of
S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,529,000: Provided, That each amount in this paragraph
is designated as being for contingency operations directly related to
the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2011.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $4,000,000,000 between the appropriations or funds made available to
the Department of Defense in this title: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in the Department of Defense
Appropriations Act, 2011.
Sec. 9003. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance or the ``Afghanistan Security Forces Fund'' provided in
this Act and executed in direct support of overseas contingency
operations in Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this section,
supervision and administration costs include all in-house Government
costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in Iraq and Afghanistan: (a) passenger motor
vehicles up to a limit of $75,000 per vehicle; and (b) heavy and light
armored vehicles for the physical security of personnel or for force
protection purposes up to a limit of $250,000 per vehicle,
notwithstanding price or other limitations applicable to the purchase
of passenger carrying vehicles.
Sec. 9005. Not to exceed $500,000,000 of the amount appropriated
in this title under the heading ``Operation and Maintenance, Army'' may
be used, notwithstanding any other provision of law, to fund the
Commander's Emergency Response Program (CERP), for the purpose of
enabling military commanders in Iraq and Afghanistan to respond to
urgent, small scale, humanitarian relief and reconstruction
requirements within their areas of responsibility: Provided, That
projects (including any ancillary or related elements in connection
with such project) executed under this authority shall not exceed
$20,000,000: Provided further, That not later than 45 days after the
end of each fiscal year quarter, the Secretary of Defense shall submit
to the congressional defense committees a report regarding the source
of funds and the allocation and use of funds during that quarter that
were made available pursuant to the authority provided in this section
or under any other provision of law for the purposes described herein:
Provided further, That, not later than 30 days after the end of each
month, the Army shall submit to the congressional defense committees
monthly commitment, obligation, and expenditure data for the
Commander's Emergency Response Program in Iraq and Afghanistan:
Provided further, That not less than 15 days before making funds
available pursuant to the authority provided in this section or under
any other provision of law for the purposes described herein for a
project with a total anticipated cost for completion of $5,000,000 or
more, the Secretary shall submit to the congressional defense
committees a written notice containing each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or
a third party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to
coalition forces supporting military and stability operations in Iraq
and Afghanistan: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees regarding
support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title 22,
Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
Law 109-148).
Sec. 9009. (a) The Secretary of Defense shall submit to the
congressional defense committees not later than 45 days after the end
of each fiscal quarter a report on the proposed use of all funds
appropriated by this or any prior Act under each of the headings Iraq
Security Forces Fund, Afghanistan Security Forces Fund, Afghanistan
Infrastructure Fund, and Pakistan Counterinsurgency Fund on a project-
by-project basis, for which the obligation of funds is anticipated
during the 3-month period from such date, including estimates for the
accounts referred to in this section of the costs required to complete
each such project.
(b) The report required by this subsection shall include the
following:
(1) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
subsection (a) were obligated prior to the submission of the
report, including estimates for the accounts referred to in
subsection (a) of the costs to complete each project.
(2) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to in
subsection (a) in prior appropriations Acts, or for which funds
were made available by transfer, reprogramming, or allocation
from other headings in prior appropriations Acts, including
estimates for the accounts referred to in subsection (a) of the
costs to complete each project.
(3) An estimated total cost to train and equip the Iraq,
Afghanistan, and Pakistan security forces, disaggregated by
major program and sub-elements by force, arrayed by fiscal
year.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action
is necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item unit cost
of not more than $500,000.
(including transfer of funds)
Sec. 9011. Of the funds appropriated by this Act for the Office of
the Director of National Intelligence, $3,375,000 is available, as
specified in the classified annex, for transfer to other departments
and agencies of the Federal Government.
Sec. 9012. (a) The Task Force for Business and Stability Operations
in Afghanistan may, subject to the direction and control of the
Secretary of Defense and with the concurrence of the Secretary of
State, carry out projects in fiscal year 2011 to assist the commander
of the United States Central Command in developing a link between
United States military operations in Afghanistan under Operation
Enduring Freedom and the economic elements of United States national
power in order to reduce violence, enhance stability, and restore
economic normalcy in Afghanistan through strategic business and
economic opportunities.
(b) The projects carried out under paragraph (a) may include
projects that facilitate private investment, industrial development,
banking and financial system development, agricultural diversification
and revitalization, and energy development in and with respect to
Afghanistan.
(c) The Secretary may use up to $150,000,000 of the funds available
for overseas contingency operations in ``Operation and Maintenance,
Army'' for additional activities to carry out projects under paragraph
(a).
Sec. 9013. (a) Not more than 85 percent of the funds provided in
this title for Operation and Maintenance may be available for
obligation or expenditure until the date on which the Secretary of
Defense submits the report under subsection (b).
(b) Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on contractor employees in the United States
Central Command, including--
(1) the number of employees of a contractor awarded a
contract by the Department of Defense (including subcontractor
employees) who are employed at the time of the report in the
area of operations of the United States Central Command,
including a list of the number of such employees in each of
Iraq, Afghanistan, and all other areas of operations of the
United States Central Command; and
(2) for each fiscal year quarter beginning on the date of
the report and ending on September 30, 2012--
(A) the number of such employees planned by the
Secretary to be employed during each such period in
each of Iraq, Afghanistan, and all other areas of
operations of the United States Central Command; and
(B) an explanation of how the number of such
employees listed under subparagraph (A) relates to the
planned number of military personnel in such locations.
Sec. 9014. From funds made available in this title to the
Department of Defense for operation and maintenance, up to $129,100,000
may be used by the Secretary of Defense, notwithstanding any other
provision of law, to support the United States Government transition
activities in Iraq by undertaking facilities renovation and
construction associated with establishing Office of Security
Cooperation locations, at no more than four sites, in Iraq: Provided,
That not less than 15 days before making funds available pursuant to
the authority provided in this section, the Secretary shall submit to
the congressional defense committees a written notice containing a
detailed justification and timeline for each proposed site and the
source of funds.
Sec. 9015. Any reference to ``this Act'' in this division shall
apply solely to this division.
This division may be cited as the ``Department of Defense
Appropriations Act, 2011''.
DIVISION B--FURTHER CONTINUING APPROPRIATIONS, 2011
Sec. 2001. The Continuing Appropriations Act, 2011 (Public Law
111-242) is further amended--
(1) by striking the date specified in section 106(3) and
inserting ``April 15, 2011''; and
(2) by adding after section 294, as added by the Additional
Continuing Appropriations Amendments, 2011 (Public Law 112-6),
the following new sections:
``Sec. 295. Notwithstanding section 101, amounts are provided for
`Agricultural Programs--Agriculture Buildings and Facilities and Rental
Payments' at a rate for operations of $262,093,000, of which
$178,812,000 shall be available for payments to the General Services
Administration for rent and of which $69,781,000 shall be for buildings
operations and maintenance expenses.
``Sec. 296. Notwithstanding section 101, amounts are provided for
`Agricultural Programs--Departmental Administration' at a rate for
operations of $28,809,000: Provided, That the second proviso under such
heading in Public Law 111-80 shall not apply to funds appropriated by
this Act.
``Sec. 297. Notwithstanding section 101, amounts are provided for
`Agricultural Programs--National Agricultural Statistics Service' at a
rate for operations of $151,830,000: Provided, That the amounts
included under such heading in Public Law 111-80 shall be applied to
funds appropriated by this Act by substituting `$33,494,000' for
`$37,908,000'.
``Sec. 298. Notwithstanding section 101, amounts are provided for
`Agricultural Programs--National Institute of Food and Agriculture--
Integrated Activities' at a rate for operations of $24,874,000:
Provided, That the amounts included under such heading in Public Law
111-80 shall be applied to funds appropriated by this Act as follows:
by substituting `$15,044,000' for `$45,148,000'; by substituting
`$10,948,000' for `$12,649,000'; by substituting `$0' for
`$14,596,000'; by substituting `$0' for `$4,388,000'; by substituting
`$0' for `$1,365,000'; by substituting `$0' for `$3,054,000'; by
substituting `$0' for `$5,000,000'; by substituting `$0' for
`$3,000,000'; by substituting `$0' for `$732,000'; and by substituting
`$0' for `$1,312,000'.
``Sec. 299. Notwithstanding sections 101 and 231, amounts are
provided for `Agricultural Programs--Animal and Plant Health Inspection
Service--Salaries and Expenses' at a rate for operations of
$832,543,000: Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by this Act by
substituting `$45,219,000' for `$60,243,000'.
``Sec. 300. Notwithstanding section 101, amounts are provided for
`Agricultural Programs--Farm Service Agency--Salaries and Expenses' at
a rate for operations of $1,229,777,000.
``Sec. 301. Notwithstanding section 101, amounts are provided for
`Conservation Programs--Natural Resources Conservation Service--
Watershed Rehabilitation Program' at a rate for operations of
$25,161,000.
``Sec. 302. Notwithstanding section 101, amounts are provided for
`Conservation Programs--Natural Resources Conservation Service--
Resource Conservation and Development' at a rate for operations of
$24,730,000.
``Sec. 303. Notwithstanding section 101, amounts are provided for
`Rural Development Programs--Rural Development Salaries and Expenses'
at a rate for operations of $186,987,000.
``Sec. 304. Notwithstanding section 101, amounts are provided for
`Rural Development Programs--Rural Housing Service--Rental Assistance
Program' at a rate for operations of $956,570,000: Provided, That this
section shall not apply to the amounts made available by section 101
for the liquidation of debts under such account.
``Sec. 305. Notwithstanding section 101, in connection with the
`Rural Development Programs--Rural Business-Cooperative Service--Rural
Economic Development Loans Program Account', of the funds derived from
interest on the cushion of credit payments, as authorized by section
313 of the Rural Electrification Act of 1936, $102,463,000 shall not be
obligated and $102,463,000 is rescinded.
``Sec. 306. Notwithstanding section 101, amounts are provided for
`Rural Development Programs--Rural Utilities Service--Rural Water and
Waste Disposal Program Account' at a rate for operations of
$551,230,000: Provided, That the amounts included under such heading in
Public Law 111-80 shall be applied to funds appropriated by this Act by
substituting `$0' for `$17,500,000'.
``Sec. 307. Notwithstanding section 101, amounts are provided for
`Domestic Food Programs--Food and Nutrition Service--Special
Supplemental Nutrition Program for Women, Infants, and Children (WIC)'
at a rate for operations of $7,052,000,000.
``Sec. 308. Notwithstanding section 101, amounts are provided for
`Foreign Assistance and Related Programs--Foreign Agricultural
Service--Food for Peace Title II Grants' at a rate for operations of
$1,455,000,000.
``Sec. 309. Notwithstanding section 101, amounts are provided for
`Foreign Assistance and Related Programs--Foreign Agricultural
Service--McGovern-Dole International Food for Education and Child
Nutrition Program Grants' at a rate for operations of $199,500,000:
Provided, That the first proviso under such heading in Public Law 111-
80 shall not apply to funds appropriated by this Act.
``Sec. 310. Section 748 of Public Law 111-80 shall not apply for
fiscal year 2011.
``Sec. 311. Subsections (g)(5)(A), (h)(1)(C)(i), (h)(2)(B)(i),
(j)(5)(A), and (k)(8)(A) of section 749 of Public Law 111-80 shall be
applied to funds appropriated by this Act by substituting `$0' for each
of the dollar amounts specified in such subsections.
``Sec. 312. Of the unobligated balances available for the cost of
broadband loans, as authorized by section 601 of the Rural
Electrification Act of 1936, $39,000,000 is rescinded.
``Sec. 313. Notwithstanding sections 101 and 117, amounts are
provided for `Department of Commerce--Bureau of the Census--Periodic
Censuses and Programs' at a rate for operations of $942,315,000.
``Sec. 314. Notwithstanding sections 101 and 240, amounts are
provided for `Department of Commerce--National Institute of Standards
and Technology--Construction of Research Facilities' at a rate for
operations of $80,000,000: Provided, That the set-aside for a
competitive construction grant program under such heading in division B
of Public Law 111-117 shall not apply to funds appropriated by this
Act.
``Sec. 315. Notwithstanding section 101, amounts are provided for
`Department of Justice--General Administration--National Drug
Intelligence Center' at a rate for operations of $34,023,000.
``Sec. 316. Notwithstanding section 101, amounts are provided for
`Department of Justice--General Administration--Tactical Law
Enforcement Wireless Communications' at a rate for operations of
$136,143,000.
``Sec. 317. Notwithstanding section 101, amounts are provided for
`Department of Justice--United States Marshals Service--Construction'
at a rate for operations of $16,625,000.
``Sec. 318. Notwithstanding section 101, amounts are provided for
`Department of Justice--Federal Bureau of Investigation--Construction'
at a rate for operations of $106,915,000.
``Sec. 319. Notwithstanding section 101, amounts are provided for
`Department of Justice--Bureau of Alcohol, Tobacco, Firearms and
Explosives--Construction' at a rate for operations of $0.
``Sec. 320. Notwithstanding section 101, amounts are provided for
`Department of Justice--Office of Justice Programs--Weed and Seed
Program Fund' at a rate for operations of $0.
``Sec. 321. Notwithstanding section 101, amounts are provided for
`National Aeronautics and Space Administration--Space Operations' at a
rate for operations of $6,047,800,000: Provided, That the proviso under
such heading in division B of Public Law 111-117 shall not apply to
funds appropriated by this Act.
``Sec. 322. Notwithstanding section 101, amounts are provided for
`National Aeronautics and Space Administration--Construction and
Environmental Compliance and Remediation' at a rate for operations of
$408,300,000: Provided, That such rate shall not apply to amounts made
available by section 101 from lease proceeds under such account:
Provided further, That the first proviso under such heading in division
B of Public Law 111-117 shall not apply to funds appropriated by this
Act.
``Sec. 323. Of the unobligated balances of funds made available in
prior appropriation Acts for `Corps of Engineers-Civil--Construction',
$100,000,000 is rescinded: Provided, That no amounts in this section
may be rescinded from amounts that were designated by Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985.
``Sec. 324. Notwithstanding sections 101 and 172, amounts are
provided for `Corps of Engineers-Civil--Mississippi River and
Tributaries' at a rate for operations of $240,000,000: Provided, That
the proviso under such heading in Public Law 111-85 shall not apply to
funds appropriated by this Act: Provided further, That of the
unobligated balances of funds made available in prior appropriation
Acts for `Corps of Engineers-Civil--Mississippi River and Tributaries'
or `Corps of Engineers-Civil--Flood Control, Mississippi River and
Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi,
Missouri, and Tennessee', $22,000,000 is rescinded: Provided further,
That such rescission shall be derived by cancelling unobligated
balances for the Yazoo Basin, Backwater Pump, Mississippi project:
Provided further, That no amounts in this section may be rescinded from
amounts that were designated by Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
``Sec. 325. Of the unobligated balances of funds made available in
prior appropriation Acts for `Department of Energy--Energy Programs--
Energy Efficiency and Renewable Energy', $11,243,000 is rescinded:
Provided, That no amounts in this section may be rescinded from amounts
that were designated by Congress as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
``Sec. 326. Of the unobligated balances of funds made available in
prior appropriation Acts for `Department of Energy--Energy Programs--
Electricity Delivery and Energy Reliability', $2,400,000 is rescinded:
Provided, That no amounts in this section may be rescinded from amounts
that were designated by Congress as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
``Sec. 327. Of the unobligated balances of funds made available in
prior appropriation Acts for `Department of Energy--Energy Programs--
Nuclear Energy', $6,300,000 is rescinded: Provided, That no amounts in
this section may be rescinded from amounts that were designated by
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
``Sec. 328. Of the unobligated balances of funds made available in
prior appropriation Acts for `Department of Energy--Energy Programs--
Fossil Energy Research and Development', $30,600,000 is rescinded:
Provided, That no amounts in this section may be rescinded from amounts
that were designated by Congress as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
``Sec. 329. Of the unobligated balances of funds made available in
prior appropriation Acts for `Department of Energy--Energy Programs--
Naval Petroleum and Oil Shale Reserves', $2,100,000 is rescinded:
Provided, That no amounts in this section may be rescinded from amounts
that were designated by Congress as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
``Sec. 330. Notwithstanding section 101, amounts are provided for
`Department of Energy--Energy Programs--Strategic Petroleum Reserve' at
a rate for operations of $209,414,000: Provided, That of the
unobligated balances of funds made available under such heading in
Public Law 110-161, $14,493,000 is rescinded, to be derived from
amounts made available for new site land acquisition activities:
Provided further, That of the unobligated balances of funds made
available under such heading in Public Law 110-329, $31,507,000 is
rescinded, to be derived from amounts made available for new site
expansion activities, beyond land acquisition: Provided further, That
of the unobligated balances of funds made available under such heading
in Public Law 111-85, $25,000,000 is rescinded: Provided further, That
of the unobligated balances of funds made available under such heading
in prior appropriation Acts, in addition to the other amounts rescinded
in this section, $15,300,000 is rescinded: Provided further, That no
amounts in this section may be rescinded from amounts that were
designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
``Sec. 331. Of the unobligated balances of funds made available in
prior appropriation Acts for `Department of Energy--Energy Programs--
Clean Coal Technology', $18,000,000 is rescinded: Provided, That no
amounts in this section may be rescinded from amounts that were
designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
``Sec. 332. Of the unobligated balances of funds made available in
prior appropriation Acts for `Department of Energy--Energy Programs--
Energy Information Administration', $400,000 is rescinded: Provided,
That no amounts in this section may be rescinded from amounts that were
designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
``Sec. 333. Notwithstanding section 101, amounts are provided for
`Department of Energy--Energy Programs--Non-Defense Environmental
Cleanup' at a rate for operations of $225,000,000.
``Sec. 334. Notwithstanding section 101, amounts are provided for
`Department of Energy--Energy Programs--Uranium Enrichment
Decontamination and Decommissioning Fund' at a rate for operations of
$514,000,000: Provided, That of the unobligated balances of funds made
available under such heading in prior appropriation Acts, $10,000,000
is rescinded: Provided further, That no amounts in this section may be
rescinded from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
``Sec. 335. Of the unobligated balances of funds made available in
prior appropriation Acts for `Department of Energy--Energy Programs--
Science', $7,200,000 is rescinded: Provided, That no amounts in this
section may be rescinded from amounts that were designated by Congress
as an emergency requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
``Sec. 336. Notwithstanding section 101, amounts are provided for
`Department of Energy--Energy Programs--Advanced Technology Vehicles
Manufacturing Loan Program' at a rate for operations of $9,998,000.
``Sec. 337. Of the unobligated balances of funds made available in
prior appropriation Acts for `Department of Energy--Energy Programs--
Departmental Administration', $11,900,000 is rescinded: Provided, That
no amounts in this section may be rescinded from amounts that were
designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
``Sec. 338. Of the unobligated balances of funds made available in
prior appropriation Acts for `Department of Energy--Atomic Energy
Defense Activities--National Nuclear Security Administration--Naval
Reactors', $1,200,000 is rescinded: Provided, That no amounts in this
section may be rescinded from amounts that were designated by Congress
as an emergency requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
``Sec. 339. Notwithstanding sections 101 and 182, amounts are
provided for `Department of Energy--Atomic Energy Defense Activities--
National Nuclear Security Administration--Office of the Administrator'
at a rate for operations of $399,793,000: Provided, That the last
proviso under such heading in Public Law 111-85 shall not apply to
funds appropriated by this Act: Provided further, That of the
unobligated balances of funds made available under such heading in
prior appropriation Acts, $4,400,000 is rescinded: Provided further,
That no amounts in this section may be rescinded from amounts that were
designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
``Sec. 340. Notwithstanding sections 101 and 183, amounts are
provided for `Department of Energy--Environmental and Other Defense
Activities--Defense Environmental Cleanup' at a rate for operations of
$5,096,000,000, of which $33,700,000 shall be transferred to the
`Uranium Enrichment Decontamination and Decommissioning Fund':
Provided, That the proviso under such heading in Public Law 111-85
shall not apply to funds appropriated by this Act: Provided further,
That of the unobligated balances of funds made available under such
heading in prior appropriation Acts, $11,900,000 is rescinded: Provided
further, That no amounts in this section may be rescinded from amounts
that were designated by Congress as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
``Sec. 341. Notwithstanding sections 101 and 184, amounts are
provided for `Department of Energy--Environmental and Other Defense
Activities--Other Defense Activities' at a rate for operations of
$823,000,000: Provided, That the proviso under such heading in Public
Law 111-85 shall not apply to funds appropriated by this Act: Provided
further, That of the unobligated balances of funds made available under
such heading in prior appropriation Acts, $3,400,000 is rescinded:
Provided further, That no amounts in this section may be rescinded from
amounts that were designated by Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
``Sec. 342. Notwithstanding section 101, amounts are provided for
`Denali Commission' at a rate for operations of $10,700,000: Provided,
That of the unobligated balances of funds made available under such
heading in prior appropriation Acts, $15,000,000 is rescinded: Provided
further, That no amounts in this section may be rescinded from amounts
that were designated by Congress as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
``Sec. 343. Notwithstanding section 101, amounts are provided for
`Department of the Treasury--Departmental Offices--Department-Wide
Systems and Capital Investments Programs' at a rate for operations of
$4,000,000, and the first proviso under such heading in division C of
Public Law 111-117 shall not apply to funds appropriated by this Act.
``Sec. 344. Of the unobligated balances available under the
heading `Department of the Treasury--Treasury Forfeiture Fund',
$400,000,000 is rescinded.
``Sec. 345. Notwithstanding section 101, amounts are provided for
`Department of the Treasury--Financial Management Service--Salaries and
Expenses' at a rate for operations of $232,838,000.
``Sec. 346. Notwithstanding section 101, amounts are provided for
`Department of the Treasury--Alcohol and Tobacco Tax and Trade Bureau--
Salaries and Expenses' at a rate for operations of $99,831,000, and the
proviso under such heading in division C of Public Law 111-117 shall
not apply to funds appropriated by this Act.
``Sec. 347. Notwithstanding section 101, amounts are provided for
`Department of the Treasury--Bureau of the Public Debt--Administering
the Public Debt' at a rate for operations of $184,658,000.
``Sec. 348. Notwithstanding sections 101 and 250, amounts are
provided for `Department of the Treasury--Community Development
Financial Institutions Fund Program Account' at a rate for operations
of $163,600,000, and the requirement to transfer funds to the Capital
Magnet Fund and the funding designation of $3,150,000 for an additional
pilot project grant under such heading in division C of Public Law 111-
117 shall not apply to funds appropriated by this Act.
``Sec. 349. Notwithstanding section 101, amounts are provided for
`Executive Office of the President and Funds Appropriated to the
President--Office of Management and Budget--Salaries and Expenses' at a
rate for operations of $92,500,000.
``Sec. 350. Notwithstanding section 101, amounts are provided for
`Executive Office of the President and Funds Appropriated to the
President--Partnership Fund for Program Integrity Innovation' at a rate
for operations of $0.
``Sec. 351. Notwithstanding section 101, amounts are provided for
`Executive Office of the President and Funds Appropriated to the
President--Office of National Drug Control Policy--Counterdrug
Technology Assessment Center' at a rate for operations of $0.
``Sec. 352. Notwithstanding sections 101 and 251, amounts are
provided for `Executive Office of the President and Funds Appropriated
to the President--Office of National Drug Control Policy--Other Federal
Drug Control Programs' at a rate for operations of $142,400,000, of
which $85,500,000 shall be for the Drug-Free Communities Program; and
amounts included under such heading shall be applied to funds
appropriated by this Act by substituting `$0' for `$1,000,000',
`$1,250,000', and `$250,000'.
``Sec. 353. Notwithstanding section 101, amounts are provided for
`The Judiciary--Supreme Court of the United States--Care of the
Building and Grounds' at a rate for operations of $8,175,000.
``Sec. 354. Notwithstanding section 101, amounts are provided for
`The Judiciary--Courts of Appeals, District Courts, and Other Judicial
Services--Fees of Jurors and Commissioners' at a rate for operations of
$52,410,000.
``Sec. 355. Notwithstanding section 101, amounts are provided for
`District of Columbia--Federal Funds--Federal Payment to the District
of Columbia Courts' at a rate for operations of $244,660,000, of which
$59,000,000 shall be for capital improvements.
``Sec. 356. Notwithstanding section 101, amounts are provided for
`District of Columbia--Federal Funds--Federal Payment for Consolidated
Laboratory Facility' at a rate for operations of $0.
``Sec. 357. Notwithstanding section 101, amounts are provided for
`District of Columbia--Federal Funds--Federal Payment for Housing for
the Homeless' at a rate for operations of $10,000,000.
``Sec. 358. Notwithstanding section 101, amounts are provided for
`District of Columbia--Federal Funds--Federal Payment for Youth
Services' at a rate for operations of $0.
``Sec. 359. Section 814 of division C of Public Law 111-117 shall
be applied to funds appropriated by this Act by striking `Federal'.
``Sec. 360. Notwithstanding section 101, amounts are provided for
`Election Assistance Commission--Salaries and Expenses' at a rate for
operations of $16,800,000, of which $3,250,000 shall be transferred to
the National Institute of Standards and Technology for election reform
activities authorized under the Help America Vote Act of 2002 (Public
Law 107-252).
``Sec. 361. Notwithstanding sections 101 and 253, the aggregate
amount of new obligational authority provided under the heading
`General Services Administration--Real Property Activities--Federal
Buildings Fund--Limitations on Availability of Revenue' for Federal
buildings and courthouses and other purposes of the Fund shall be
available at a rate for operations of $7,504,272,000, of which: (1) $0
is for `Construction and Acquisition'; and (2) $284,000,000 is for
`Repairs and Alterations' for Special Emphasis Programs and Basic
Repairs and Alterations.
``Sec. 362. Notwithstanding section 101, amounts are provided for
`General Services Administration--Federal Citizen Services Fund' at a
rate for operations of $34,689,000.
``Sec. 363. Notwithstanding section 101, amounts are provided for
`General Services Administration--Electronic Government Fund' at a rate
for operations of $17,000,000.
``Sec. 364. Notwithstanding section 101, amounts are provided for
`National Archives and Records Administration--Electronic Records
Archives' at a rate for operations of $72,000,000, of which $52,500,000
shall remain available until September 30, 2013.
``Sec. 365. Notwithstanding section 101, amounts are provided for
`National Archives and Records Administration--National Historical
Publications and Records Commission--Grants Program' at a rate for
operations of $6,000,000.
``Sec. 366. The amounts included under the heading `Office of
Personnel Management--Salaries and Expenses' in division C of Public
Law 111-117 shall be applied to funds appropriated by this Act by
substituting `$101,270,000' for `$102,970,000' and by substituting
`$111,038,000' for `$112,738,000'.
``Sec. 367. Notwithstanding section 156 of this Act and section
503 of Public Law 111-83, amounts made available by this Act for the
Department of Homeland Security shall be available for reprogramming or
transfer between and within appropriations to the extent necessary to
address emergent circumstances, to meet critical operational
requirements, to avoid furloughs or reduction in force, or to provide
funding for critical programs and activities required by law: Provided,
That such reprogrammings or transfers may not result in the termination
or initiation of a program, project, or activity: Provided further,
That the Committees on Appropriations of the Senate and the House of
Representatives shall be notified 15 days in advance of such
reprogramming or transfer of funds.
``Sec. 368. Notwithstanding sections 101 and 186, amounts are
provided for `Department of Homeland Security--Office of the Under
Secretary for Management' at a rate for operations of $239,933,000.
``Sec. 369. Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Office of the Chief Financial
Officer' at a rate for operations of $53,530,000.
``Sec. 370. Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Office of the Federal Coordinator for
Gulf Coast Rebuilding' at a rate for operations of $0.
``Sec. 371. Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--U.S. Customs and Border Protection--
Automation Modernization' at a rate for operations of $341,575,000, of
which $153,090,000 shall be for the Automated Commercial Environment.
``Sec. 372. Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--U.S. Customs and Border Protection--
Border Security Fencing, Infrastructure, and Technology' at a rate for
operations of $574,173,000.
``Sec. 373. Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--U.S. Customs and Border Protection--
Air and Marine Interdiction, Operations, Maintenance, and Procurement'
at a rate for operations of $516,326,000.
``Sec. 374. Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--U.S. Immigration and Customs
Enforcement--Automation Modernization' at a rate for operations of
$75,000,000.
``Sec. 375. Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--U.S. Immigration and Customs
Enforcement--Construction' at a rate for operations of $0.
``Sec. 376. Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Transportation Security
Administration--Surface Transportation Security' at a rate for
operations of $105,961,000.
``Sec. 377. Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Transportation Security
Administration--Transportation Threat Assessment and Credentialing' at
a rate for operations of $162,999,000.
``Sec. 378. Notwithstanding sections 101 and 193, amounts are
provided for `Department of Homeland Security--National Protection and
Programs Directorate--Infrastructure Protection and Information
Security' at a rate for operations of $859,000,000.
``Sec. 379. Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--National Protection and Programs
Directorate--United States Visitor and Immigrant Status Indicator
Technology' at a rate for operations of $334,613,000.
``Sec. 380. Notwithstanding sections 101 and 195, amounts are
provided for `Department of Homeland Security--Federal Emergency
Management Agency--State and Local Programs' at a rate for operations
of $2,417,500,000: Provided, That of the amount provided by this Act
for the State Homeland Security Grant Program under such heading,
$50,000,000 shall be for the Driver's License Security Grant Program
and $10,000,000 shall be for the Citizen Corps Program: Provided
further, That the amounts provided by this Act for the Citizen Corps
Program under such heading shall not be subject to the requirements of
subtitle A of title XX of the Homeland Security Act of 2002 (6 U.S.C.
603 et seq.): Provided further, That the amounts included under such
heading in Public Law 111-83 shall be applied to funds appropriated by
this Act as follows: in paragraph (1), by substituting `$788,000,000'
for `$950,000,000'; in paragraph (2), by substituting `$788,000,000'
for `$887,000,000'; in paragraph (3), by substituting `$17,500,000' for
`$35,000,000'; in paragraph (4), by substituting `$35,000,000' for
`$41,000,000'; in paragraph (5), by substituting `$0' for
`$13,000,000'; in paragraph (6), by substituting `$260,000,000' for
`$300,000,000'; in paragraph (7), by substituting `$260,000,000' for
`$300,000,000'; in paragraph (8), by substituting `$5,000,000' for
`$12,000,000'; in paragraph (9), by substituting `$0' for
`$50,000,000'; in paragraph (10), by substituting `$0' for
`$50,000,000'; in paragraph (11), by substituting `$0' for
`$50,000,000'; in paragraph (12), by substituting `$20,000,000' for
`$60,000,000' and by substituting `$0' for each subsequent amount in
such paragraph; and in paragraph (13), by substituting `$244,000,000'
for `$267,200,000': Provided further, That the directed obligation
provisions in paragraphs 13(A), 13(B), and 13(C) under such heading in
Public Law 111-83 shall not apply to funds appropriated by this Act:
Provided further, That 5.5 percent of the amount provided for `Federal
Emergency Management Agency--State and Local Programs' by this Act
shall be transferred to the `Federal Emergency Management Agency--
Management and Administration' account for program administration.
``Sec. 381. Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Federal Emergency Management Agency--
Flood Map Modernization Fund' at a rate for operations of $194,000,000.
``Sec. 382. Notwithstanding sections 101 and 196, amounts are
provided for `Department of Homeland Security--Federal Emergency
Management Agency--National Predisaster Mitigation Fund' at a rate for
operations of $60,000,000: Provided, That the directed obligation
provision under such heading in Public Law 111-83 shall not apply to
funds appropriated by this Act.
``Sec. 383. Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Federal Law Enforcement Training
Center--Salaries and Expenses' at a rate for operations of
$235,919,000.
``Sec. 384. Notwithstanding section 101, amounts are provided for
`Department of Homeland Security--Federal Law Enforcement Training
Center--Acquisition, Construction, Improvements, and Related Expenses'
at a rate for operations of $38,456,000.
``Sec. 385. Notwithstanding sections 101 and 197, amounts are
provided for `Department of Homeland Security--Science and Technology--
Research, Development, Acquisition, and Operations' at a rate for
operations of $690,000,000.
``Sec. 386. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following amounts are
rescinded from the following accounts and programs:
``(1) `Operations', $1,692,000.
``(2) `Violent Crime Reduction Program', $4,871,492.
``(3) `Office for Domestic Preparedness', $10,568,934.
``Sec. 387. Of the unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of Public Law
111-83, the following amounts are rescinded from the following
accounts:
``(1) `Office of the Secretary and Executive Management',
$1,437,015.
``(2) `Office of the Under Secretary for Management',
$821,104.
``(3) `U.S. Customs and Border Protection--Salaries and
Expenses', $8,500,000.
``(4) `U.S. Immigration and Customs Enforcement--Salaries
and Expenses', $8,500,000.
``(5) `Transportation Security Administration--Federal Air
Marshals', $2,429,978.
``(6) `Coast Guard--Operating Expenses', $13,508,196.
``(7) `Coast Guard--Reserve Training', $3,411,505.
``(8) `National Protection and Programs Directorate--
Infrastructure Protection and Information Security', $861,290.
``(9) `United States Secret Service--Salaries and
Expenses', $602,956.
``(10) `Federal Emergency Management Agency--Management and
Administration', $814,153.
``(11) `Office of Health Affairs', $831,400.
``(12) `United States Citizenship and Immigration
Services', $7,945,983.
``(13) `Federal Law Enforcement Training Center--Salaries
and Expenses', $1,010,795.
``Sec. 388. Of the unobligated balances available for the
following accounts of the Department of Homeland Security, the
following amounts are rescinded:
``(1) `U.S. Customs and Border Protection--Automation
Modernization', $10,000,000.
``(2) `U.S. Customs and Border Protection--Border Security
Fencing, Infrastructure, and Technology', $119,000,000.
``(3) `Federal Emergency Management Agency--National
Predisaster Mitigation Fund', $19,603,000.
``(4) `Science and Technology--Research, Development,
Acquisition, and Operations', $6,500,000.
``(5) `Domestic Nuclear Detection Office--Research,
Development, and Operations', $15,700,000.
``(6) `Coast Guard--Acquisition, Construction, and
Improvements', $1,122,000.
``Sec. 389. Of the unobligated balances made available under
section 44945 of title 49, United States Code, $800,000 is rescinded.
``Sec. 390. Of the unobligated balances available for accounts
under the heading `Department of Homeland Security--Transportation
Security Administration', $15,000,000 is rescinded (in addition to
amounts otherwise rescinded by this Act): Provided, That the
Transportation Security Administration shall not rescind any
unobligated balances from the following programs: explosives detection
systems; checkpoint support; aviation regulation and other enforcement;
and air cargo.
``Sec. 391. Of the unobligated balances available for `Department
of Homeland Security--National Protection and Programs Directorate--
Infrastructure Protection and Information Security', the following
amounts are rescinded:
``(1) $6,000,000, to be derived from amounts made available
for Next Generation Networks.
``(2) $9,600,000, to be derived from amounts which shall be
specified by the Secretary of Homeland Security in a report
submitted not later than 15 days after the date of the
enactment of this Act to the Committees on Appropriations of
the Senate and the House of Representatives, describing the
amounts rescinded and the original purpose of such funds.
``Sec. 392. Of the unobligated balances available in the
Department of the Treasury Forfeiture Fund established by section 9703
of title 31, United States Code, as added by section 638 of Public Law
102-393, $22,600,000 is rescinded.
``Sec. 393. Notwithstanding sections 101 and 258, amounts are
provided for `Department of the Interior--Bureau of Land Management--
Management of Lands and Resources' at a rate for operations of
$927,523,000: Provided, That the amounts included under such heading in
division A of Public Law 111-88 shall be applied to funds appropriated
by this Act by substituting `$927,523,000' for `$959,571,000' the
second place it appears.
``Sec. 394. Notwithstanding sections 101 and 259, amounts are
provided for `Department of the Interior--Bureau of Land Management--
Construction' at a rate for operations of $3,590,000.
``Sec. 395. Notwithstanding sections 101 and 260, amounts are
provided for `Department of the Interior--Bureau of Land Management--
Land Acquisition' at a rate for operations of $22,212,000: Provided,
That the proviso under such heading in division A of Public Law 111-88
shall not apply to funds appropriated by this Act.
``Sec. 396. Notwithstanding sections 101 and 261, amounts are
provided for `Department of the Interior--United States Fish and
Wildlife Service--Resource Management' at a rate for operations of
$1,235,052,000: Provided, That the amounts included under such heading
in division A of Public Law 111-88 shall be applied to funds
appropriated by this Act as follows: by substituting `$20,945,000' for
`$22,103,000'; and by substituting `$10,474,000' for `$11,632,000'.
``Sec. 397. Notwithstanding sections 101 and 262, amounts are
provided for `Department of the Interior--United States Fish and
Wildlife Service--Construction' at a rate for operations of
$23,737,000.
``Sec. 398. Notwithstanding sections 101 and 263, amounts are
provided for `Department of the Interior--United States Fish and
Wildlife Service--Land Acquisition' at a rate for operations of
$57,471,000.
``Sec. 399. Of the unobligated amounts available for `Department
of the Interior--United States Fish and Wildlife Service--Landowner
Incentive Program' from prior year appropriations, all remaining
amounts are rescinded.
``Sec. 400. Notwithstanding section 101, amounts are provided for
`Department of the Interior--United States Fish and Wildlife Service--
Cooperative Endangered Species Conservation Fund' at a rate for
operations of $63,831,000: Provided, That the amounts included under
such heading in division A of Public Law 111-88 shall be applied to
funds appropriated by this Act as follows: by substituting
`$24,835,000' for `$29,000,000'; by substituting `$4,987,297' for
`$5,145,706'; and by substituting `$38,996,000' for `$56,000,000'.
``Sec. 401. Notwithstanding section 101, amounts are provided for
`Department of the Interior--United States Fish and Wildlife Service--
North American Wetlands Conservation Fund' at a rate for operations of
$40,000,000.
``Sec. 402. Notwithstanding section 101, amounts are provided for
`Department of the Interior--United States Fish and Wildlife Service--
Neotropical Migratory Bird Conservation' at a rate for operations of
$4,430,000.
``Sec. 403. Notwithstanding section 101, amounts are provided for
`Department of the Interior--United States Fish and Wildlife Service--
Multinational Species Conservation Fund' at a rate for operations of
$7,875,000.
``Sec. 404. Notwithstanding section 101, amounts are provided for
`Department of the Interior--United States Fish and Wildlife Service--
State and Tribal Wildlife Grants' at a rate for operations of
$80,000,000.
``Sec. 405. Notwithstanding section 101, amounts are provided for
`Department of the Interior--National Park Service--Park Partnership
Project Grants' at a rate for operations of $0: Provided, That all of
the provisos under such heading in division A of Public Law 111-88
shall not apply to funds appropriated by this Act.
``Sec. 406. Notwithstanding sections 101 and 266, amounts are
provided for `Department of the Interior--National Park Service--
Construction' at a rate for operations of $210,066,000: Provided, That
the last proviso under such heading in division A of Public Law 111-88
shall not apply to funds appropriated by this Act.
``Sec. 407. Notwithstanding sections 101 and 267, amounts are
provided for `Department of the Interior--National Park Service--Land
Acquisition and State Assistance' at a rate for operations of
$90,846,000: Provided, That the amounts included under such heading in
division A of Public Law 111-88 shall be applied to funds appropriated
by this Act as follows: by substituting `$31,000,000' for
`$40,000,000'; and by substituting `$6,000,000' for `$9,000,000'.
``Sec. 408. Of the unobligated amounts available for `Department
of the Interior--National Park Service--Urban Park and Recreation
Fund', $625,000 is rescinded.
``Sec. 409. Notwithstanding sections 101 and 268, amounts are
provided for `Department of the Interior--United States Geological
Survey--Surveys, Investigations, and Research' at a rate for operations
of $1,076,355,000: Provided, That the amounts included under such
heading in division A of Public Law 111-88 shall be applied to funds
appropriated by this Act by substituting `$53,500,000' for
`$40,150,000'.
``Sec. 410. Notwithstanding section 101, amounts are provided for
`Department of the Interior--Bureau of Indian Affairs--Indian Land and
Water Claim Settlements and Miscellaneous Payments to Indians' at a
rate for operations of $46,480,000, of which $0 shall be for the matter
pertaining to Public Law 109-379.
``Sec. 411. Notwithstanding section 101, amounts are provided for
`Department of the Interior--Bureau of Indian Affairs--Indian Land
Consolidation' at a rate for operations of $0.
``Sec. 412. Notwithstanding section 101, amounts are provided for
`Department of the Interior--Departmental Offices--Office of the
Secretary--Salaries and Expenses' at a rate for operations of
$117,336,000.
``Sec. 413. Notwithstanding sections 101 and 270, amounts are
provided for `Department of the Interior--Departmental Offices--Insular
Affairs--Assistance to Territories' at a rate for operations of
$78,670,000: Provided, That the amounts included under such heading in
division A of Public Law 111-88 shall be applied to funds appropriated
by this Act by substituting `$9,080,000' for `$9,280,000'.
``Sec. 414. Notwithstanding section 101, amounts are provided for
`Department of the Interior--Departmental Offices--Insular Affairs--
Compact of Free Association' at a rate for operations of $5,422,000, of
which $2,104,000 is for section 122 of division A of Public Law 111-88.
``Sec. 415. Notwithstanding section 101, amounts are provided for
`Department of the Interior--Department-wide Programs--Wildland Fire
Management' at a rate for operations of $919,897,000: Provided, That
the amounts included under such heading in division A of Public Law
111-88 shall be applied to funds appropriated by this Act by
substituting `$0' for `$125,000,000': Provided further, That of the
unobligated balances available under such heading in division A of
Public Law 111-88 and prior appropriations Acts, $150,000,000 is
rescinded: Provided further, That no amounts in this section may be
rescinded from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
``Sec. 416. Notwithstanding sections 101 and 271, amounts are
provided for `Environmental Protection Agency--Science and Technology'
at a rate for operations of $826,370,000, of which $0 shall be for the
purposes specified in `Research/National Priorities' under the heading
`Science and Technology' in the joint explanatory statement of the
managers accompanying Public Law 111-88 and $51,297,000 shall be for
`Homeland Security' under the heading `Science and Technology' in the
table of detailed funding recommendations contained at the end of such
joint explanatory statement.
``Sec. 417. Notwithstanding sections 101 and 272, amounts are
provided for `Environmental Protection Agency--Environmental Programs
and Management' at a rate for operations of $2,779,851,000: Provided,
That of the amounts provided by this Act for such account, $0 shall be
for cap and trade technical assistance and $0 shall be for the program
specified in `Environmental Protection/National Priorities' under the
heading `Environmental Programs and Management' in the joint
explanatory statement of the managers accompanying Public Law 111-88:
Provided further, That of the amounts provided by this Act for such
account, amounts are provided for the Geographic Programs specified in
such joint explanatory statement at a rate for operations of
$424,875,000: Provided further, That of such amount for Geographic
Programs, $300,000,000 shall be for the Great Lakes Restoration
Initiative: Provided further, That of the amounts provided by this Act
for such account, $15,142,000 shall be for `Homeland Security' under
the heading `Environmental Programs and Management' in the table of
detailed funding recommendations contained at the end of such joint
explanatory statement.
``Sec. 418. Notwithstanding section 101, amounts are provided for
`Environmental Protection Agency--Hazardous Substance Superfund' at a
rate for operations of $1,293,475,000: Provided, That the amounts
included under such heading in division A of Public Law 111-88 shall be
applied to funds appropriated by this Act as follows: by substituting
`$1,293,475,000' for `$1,306,541,000' in the second place it appears;
and by substituting `September 30, 2010' for `September 30, 2009':
Provided further, That of the amounts provided by this Act for such
account, $43,468,000 shall be for `Homeland Security' under the heading
`Hazardous Substance Superfund' in the table of detailed funding
recommendations contained at the end of the joint explanatory statement
of the managers accompanying Public Law 111-88.
``Sec. 419. Notwithstanding sections 101 and 274, amounts are
provided for `Environmental Protection Agency--State and Tribal
Assistance Grants' at a rate for operations of $4,077,946,000:
Provided, That the amounts included under such heading in division A of
Public Law 111-88 shall be applied to funds appropriated by this Act as
follows: by substituting `$1,700,000,000' for `$2,100,000,000'; by
substituting `$1,087,000,000' for `$1,387,000,000'; by substituting
`$14,500,000' for `$17,000,000'; by substituting `$10,000,000' for
`$13,000,000'; by substituting `$0' for `$156,777,000'; by substituting
`$0' for `$20,000,000'; and by substituting `$1,106,446,000' for
`$1,116,446,000'.
``Sec. 420. Notwithstanding section 101, the amounts authorized to
transfer under the heading `Environmental Protection Agency--
Administrative Provisions, Environmental Protection Agency' in division
A of Public Law 111-88 shall be applied to funds appropriated by this
Act by substituting `$300,000,000' for `$475,000,000'.
``Sec. 421. Notwithstanding sections 101 and 276, amounts are
provided for `Department of Agriculture--Forest Service--Forest and
Rangeland Research' at a rate for operations of $297,252,000.
``Sec. 422. Notwithstanding sections 101 and 277, amounts are
provided for `Department of Agriculture--Forest Service--State and
Private Forestry' at a rate for operations of $272,797,000: Provided,
That the amounts included under such heading in division A of Public
Law 111-88 shall be applied to funds appropriated by this Act by
substituting `$52,317,000' for `$76,460,000'.
``Sec. 423. Notwithstanding sections 101 and 278, amounts are
provided for `Department of Agriculture--Forest Service--National
Forest System' at a rate for operations of $1,534,089,000.
``Sec. 424. Notwithstanding sections 101 and 279, amounts are
provided for `Department of Agriculture--Forest Service--Capital
Improvement and Maintenance' at a rate for operations of $499,618,000:
Provided, That the amounts included under such heading in division A of
Public Law 111-88 shall be applied to funds appropriated by this Act by
substituting `$50,731,000' for `$90,000,000'.
``Sec. 425. Notwithstanding sections 101 and 281, amounts are
provided for `Department of Agriculture--Forest Service--Wildland Fire
Management' at a rate for operations of $2,172,387,000: Provided, That
the amounts included under such heading in division A of Public Law
111-88 shall be applied to funds appropriated by this Act by
substituting `$0' for `$75,000,000'.
``Sec. 426. Notwithstanding section 101, amounts are provided for
`Department of Agriculture--Forest Service--FLAME Wildfire Suppression
Reserve Fund' at a rate for operations of $291,000,000.
``Sec. 427. Notwithstanding section 101, amounts are provided for
`National Gallery of Art--Repair, Restoration and Renovation of
Buildings' at a rate for operations of $48,221,000: Provided, That the
amounts included under such heading in division A of Public Law 111-88
shall be applied to funds appropriated by this Act by substituting
`$42,250,000' for `$40,000,000'.
``Sec. 428. Notwithstanding section 101, amounts are provided for
`John F. Kennedy Center for the Performing Arts--Operations and
Maintenance' at a rate for operations of $22,500,000: Provided, That
the proviso under such heading in division A of Public Law 111-88 shall
not apply to funds appropriated by this Act.
``Sec. 429. Notwithstanding section 101, amounts are provided for
`John F. Kennedy Center for the Performing Arts--Capital Repair and
Restoration' at a rate for operations of $13,920,000.
``Sec. 430. Notwithstanding section 101, amounts are provided for
`Commission of Fine Arts--National Capital Arts and Cultural Affairs'
at a rate for operations of $0.
``Sec. 431. Notwithstanding sections 101, 200, and 283, amounts
are provided for `Department of Labor--Employment and Training
Administration--Training and Employment Services' at a rate for
operations of $3,636,148,000, of which $196,661,000 shall be for
national activities described in paragraph (3) under such heading in
division D of Public Law 111-117: Provided, That the amounts included
for national activities under such heading in division D of Public Law
111-117 shall be applied to funds appropriated by this Act as follows:
by substituting `$44,561,000' for `$93,450,000', by substituting `$0'
for `48,889,000', by substituting `$90,000,000' for `$108,493,000', by
substituting `$0' for `$125,000,000', and by substituting `$0' for
`$65,000,000'.
``Sec. 432. Of the unobligated balances available in `Department
of Labor--Working Capital Fund', $3,900,000 is permanently rescinded,
to be derived solely from amounts available in the Investment in
Reinvention Fund (other than amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985).
``Sec. 433. Notwithstanding sections 101, 203, and 285, amounts
are provided for `Department of Health and Human Services--Health
Resources and Services Administration--Health Resources and Services'
at a rate for operations of $6,982,520,000: Provided, That the
eighteenth, nineteenth, twenty-second, and twenty-fifth provisos under
such heading in division D of Public Law 111-117 shall not apply to
funds appropriated by this Act.
``Sec. 434. Notwithstanding sections 101 and 204, amounts are
provided for `Department of Health and Human Services--Centers for
Disease Control and Prevention--Disease Control, Research, and
Training' at a rate for operations of $6,044,273,000, of which
$750,000,000 shall be derived from funds transferred, pursuant to
section 4002(c) of Public Law 111-148, from amounts appropriated by
section 4002(b) of such Public Law: Provided, That for purposes of this
section, section 4002(c) of Public Law 111-148 shall be applied as if
`, over the fiscal year 2008 level,' were stricken from such section:
Provided further, That the amount included before the first proviso
under such heading in division D of Public Law 111-117 shall be applied
to funds appropriated by this Act by substituting `0' for
`$20,620,000'.
``Sec. 435. Notwithstanding section 101, amounts are provided for
`Department of Health and Human Services--Administration for Children
and Families--Low Income Home Energy Assistance' at a rate for
operations of $4,709,672,000, of which $200,000,000 shall be for
payments under section 2602(e) of the Low Income Home Energy Assistance
Act of 1981.
``Sec. 436. Notwithstanding sections 101 and 208, amounts are
provided for `Department of Health and Human Services--Administration
for Children and Families--Children and Families Services Programs' at
a rate for operations of $9,269,747,000: Provided, That the fifteenth
proviso under such heading in division D of Public Law 111-117 shall
not apply to funds appropriated by this Act.
``Sec. 437. Notwithstanding sections 101 and 286, in addition to
amounts otherwise made available by section 130, amounts are provided
for `Department of Health and Human Services--Office of the Secretary--
Public Health and Social Services Emergency Fund' at a rate for
operations of $546,109,000, of which $65,578,000 shall be for expenses
necessary to prepare for and respond to an influenza pandemic (none of
which shall be available past September 30, 2011), $35,000,000 shall be
for expenses necessary for fit-out and other costs related to a
competitive lease procurement to renovate or replace the existing
headquarters building for Public Health Service agencies and other
components of the Department of Health and Human Services, and
$235,000,000 shall be for Hospital Preparedness Cooperative Agreement
Grants.
``Sec. 438. Of the unobligated balances available for `Department
of Education--Education for the Disadvantaged' in division D of Public
Law 111-117, $186,500,000 is rescinded, to be derived from the amounts
specified under such heading for availability under section 1502 of the
ESEA.
``Sec. 439. Notwithstanding sections 101 and 212, amounts are
provided for `Department of Education--School Improvement Programs' at
a rate for operations of $5,080,695,000, of which $3,216,244,000 shall
become available on July 1, 2011, and remain available through
September 30, 2012: Provided, That of such amounts, no funds shall be
available for activities authorized under subpart 1 of part D of title
II of the ESEA or part Z of title VIII of the Higher Education Act of
1965: Provided further, That the second, third, and thirteenth provisos
under such heading in division D of Public Law 111-117 shall not apply
to funds appropriated by this Act.
``Sec. 440. Notwithstanding sections 101 and 213, amounts are
provided for `Department of Education--Innovation and Improvement' at a
rate for operations of $1,019,353,000, of which no funds shall be
available for activities authorized under section 2151(c) of the ESEA,
section 1504 of the ESEA, or part F of title VIII of the Higher
Education Act of 1965, and $477,047,000 shall be for part D of title V
of the ESEA: Provided, That the first, second, third, fourth, fifth,
seventeenth, and eighteenth provisos under such heading in division D
of Public Law 111-117 shall not apply to funds appropriated by this
Act.
``Sec. 441. Notwithstanding sections 101 and 214, amounts are
provided for `Department of Education--Safe Schools and Citizenship
Education' at a rate for operations of $341,053,000, of which,
notwithstanding section 2343(b) of the ESEA, $2,578,000 is for the
continuation costs of awards made on a competitive basis under section
2345 of the ESEA and $207,053,000 shall be for subpart 2 of part A of
title IV of the ESEA: Provided, That the first and third provisos under
such heading in division D of Public Law 111-117 shall not apply to
funds appropriated by this Act.
``Sec. 442. Notwithstanding sections 101 and 216, amounts are
provided for `Department of Education--Rehabilitation Services and
Disability Research' at a rate for operations of $3,478,026,000:
Provided, That the second proviso under such heading in division D of
Public Law 111-117 shall not apply to funds appropriated by this Act.
``Sec. 443. Notwithstanding section 101, amounts are provided for
`Department of Education--Special Institutions for Persons with
Disabilities--National Technical Institute for the Deaf' at a rate for
operations of $65,677,000, of which $240,000 shall be available for
construction.
``Sec. 444. Notwithstanding sections 101 and 217, amounts are
provided for `Department of Education--Career, Technical, and Adult
Education' at a rate for operations of $1,897,541,000, of which
$1,106,541,000 shall become available on July 1, 2011, and remain
available through September 30, 2012 and no funds shall be available
for activities authorized under subpart 4 of part D of title V of the
ESEA: Provided, That the first, second, third, seventh, and eighth
provisos under such heading in division D of Public Law 111-117 shall
not apply to funds appropriated by this Act.
``Sec. 445. Notwithstanding sections 101 and 219, amounts are
provided for `Department of Education--Higher Education' at a rate for
operations of $2,094,985,000, of which no funds shall be available for
activities authorized under section 428L of part B of title IV of the
Higher Education Act of 1965, subpart 1 of part D of title VII of the
Higher Education Act of 1965, part H of title VIII of the Higher
Education Amendments of 1998, section 1543 of the Higher Education
Amendments of 1992, or section 117 of the Carl D. Perkins Career and
Technical Education Act of 2006: Provided, That the seventh, eighth,
ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth provisos
under such heading in division D of Public Law 111-117 shall not apply
to funds appropriated by this Act.
``Sec. 446. Notwithstanding section 101, amounts are provided for
`Railroad Retirement Board--Dual Benefits Payments Account' at a rate
for operations of $57,000,000.
``Sec. 447. Of the funds appropriated for `Social Security
Administration--Limitation on Administrative Expenses' for fiscal years
2010 and prior years (other than funds appropriated by Public Law 111-
5) for investment in information technology and telecommunications
hardware and software infrastructure, $300,000,000 is rescinded (in
addition to the amounts rescinded by section 288).
``Sec. 448. Of the funds made available for `Military
Construction, Defense-Wide' in title I of division E of Public Law 110-
329, $23,000,000 is rescinded.
``Sec. 449. Of the funds made available for `Military
Construction, Defense-Wide' in title I of division E of Public Law 111-
117, $125,500,000 is rescinded.
``Sec. 450. Of the funds made available for `Military
Construction, Army' in title I of division E of Public Law 111-117,
$160,000,000 is rescinded.
``Sec. 451. Of the funds made available for `Military
Construction, Navy and Marine Corps' in title I of division E of Public
Law 111-117, $34,000,000 is rescinded.
``Sec. 452. Of the funds made available for `Military
Construction, Air Force' in title I of division E of Public Law 111-
117, $87,000,000 is rescinded.
``Sec. 453. Of the unobligated balances available for `Department
of Defense Base Closure Account 2005' from prior appropriations (other
than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an
emergency requirement), $200,000,000 is rescinded.
``Sec. 454. Notwithstanding section 101, amounts are provided for
`Department of Veterans Affairs--Departmental Administration--
Information Technology Systems' at a rate for operations of
$3,146,898,000: Provided, That of the funds made available under such
heading in division E of Public Law 111-117, $147,000,000 is rescinded.
``Sec. 455. Notwithstanding section 101, amounts are provided for
`Department of Veterans Affairs--Departmental Administration--
Construction, Major Projects' at a rate for operations of
$1,151,036,000.
``Sec. 456. Notwithstanding sections 101 and 137, amounts are
provided for `International Security Assistance--Funds Appropriated to
the President--Foreign Military Financing Program' at a rate for
operations of $5,385,000,000, of which not less than $3,000,000,000
shall be available for grants only for Israel, $1,300,000,000 shall be
available for grants only for Egypt, and not less than $300,000,000
shall be available for assistance for Jordan: Provided, That, for
purposes of this Act, the dollar amount in the first paragraph of the
fourth proviso under such heading in title IV of division F of Public
Law 111-117 shall be deemed to be $789,000,000.
``Sec. 457. Notwithstanding section 101, amounts are provided for
`Department of State--Administration of Foreign Affairs--Civilian
Stabilization Initiative' at a rate for operations of $40,000,000.
``Sec. 458. Notwithstanding section 101, amounts are provided for
`United States Agency for International Development--Funds Appropriated
to the President--Civilian Stabilization Initiative' at a rate for
operations of $10,000,000.
``Sec. 459. Notwithstanding section 101, amounts are provided for
`Department of State--Administration of Foreign Affairs--Educational
and Cultural Exchange Programs' at a rate for operations of
$625,000,000.
``Sec. 460. Notwithstanding section 101, amounts are provided for
the following accounts at a rate for operations of $0: `Department of
State--Administration of Foreign Affairs--Buying Power Maintenance
Account' and `Multilateral Assistance--Funds Appropriated to the
President--Contribution to the Asian Development Fund'.
``Sec. 461. Notwithstanding section 101, amounts are provided for
`Department of State--International Organizations--Contributions to
International Organizations' at a rate for operations of
$1,545,000,000.
``Sec. 462. Notwithstanding section 101, amounts are provided for
`Department of State--International Organizations--Contributions for
International Peacekeeping Activities' at a rate for operations of
$2,095,000,000.
``Sec. 463. Notwithstanding section 101, amounts are provided for
`Related Programs--United States Institute of Peace' at a rate for
operations of $42,676,000.
``Sec. 464. Notwithstanding section 101, amounts are provided for
`Bilateral Economic Assistance--Funds Appropriated to the President--
Economic Support Fund' at a rate for operations of $6,284,000,000.
``Sec. 465. Notwithstanding section 101, amounts are provided for
`Bilateral Economic Assistance--Funds Appropriated to the President--
Assistance for Europe, Eurasia and Central Asia' at a rate for
operations of $716,354,000.
``Sec. 466. Notwithstanding section 101, amounts are provided for
`Bilateral Economic Assistance--Independent Agencies--Millennium
Challenge Corporation' at a rate for operations of $900,000,000.
``Sec. 467. Notwithstanding section 101, amounts are provided for
`International Security Assistance--Department of State--
Nonproliferation, Anti-terrorism, Demining and Related Programs' at a
rate for operations of $740,000,000.
``Sec. 468. Notwithstanding section 101, amounts are provided for
`International Security Assistance--Department of State--Peacekeeping
Operations' at a rate for operations of $305,000,000.
``Sec. 469. Notwithstanding section 101, amounts are provided for
`Multilateral Assistance--Funds Appropriated to the President--
International Organizations and Programs' at a rate for operations of
$350,550,000.
``Sec. 470. Notwithstanding section 101, amounts are provided for
`Multilateral Assistance--Funds Appropriated to the President--
International Financial Institutions--Contribution to the International
Development Association' at a rate for operations of $1,235,000,000.
``Sec. 471. Notwithstanding section 101, amounts are provided for
`Multilateral Assistance--Funds Appropriated to the President--
International Financial Institutions--Contribution to the Clean
Technology Fund' at a rate for operations of $250,000,000.
``Sec. 472. Notwithstanding section 101, amounts are provided for
`Multilateral Assistance--Funds Appropriated to the President--
International Financial Institutions--Contribution to the African
Development Fund' at a rate for operations of $125,000,000.
``Sec. 473. (a) Of the unobligated balances available from funds
appropriated under the heading `Export and Investment Assistance--
Export-Import Bank of the United States--Subsidy Appropriation' in the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8) and under
such heading in prior acts making appropriations for the Department of
State, foreign operations, and related programs, $150,000,000 is
rescinded.
``(b) Of the unobligated balances from funds appropriated or
otherwise made available for the Buying Power Maintenance Account,
$15,000,000 is rescinded.
``(c) Of the unobligated balances available for the Development
Assistance account, as identified by Treasury Appropriation Fund
Symbols 7206/111021, $1,000,000 is rescinded.
``(d) Of the unobligated balances available for the Assistance for
the Independent States of the Former Soviet Union account, as
identified by Treasury Appropriation Fund Symbols 7206/111093, 7207/
121093, and 72X1093, $11,700,000 is rescinded.
``(e) Of the unobligated balances available for the International
Narcotics Control and Law Enforcement account, as identified by
Treasury Appropriation Fund Symbols 11X1022, 1106/121022, and 191105/
111022, $7,183,000 is rescinded.
``Sec. 474. Notwithstanding section 101, amounts are provided for
`Department of Transportation--Office of the Secretary--Transportation
Planning, Research, and Development' at a rate for operations of
$9,800,000.
``Sec. 475. Notwithstanding section 101, amounts are provided for
`Department of Transportation--Federal Aviation Administration--
Facilities and Equipment' at a rate for operations of $2,927,500,000.
``Sec. 476. Notwithstanding section 101, amounts are provided for
`Department of Transportation--Federal Aviation Administration--
Research, Engineering, and Development' at a rate for operations of
$187,000,000.
``Sec. 477. Notwithstanding section 101, amounts are provided for
`Department of Transportation--Federal Railroad Administration--Capital
Assistance for High Speed Rail Corridors and Intercity Passenger Rail
Service' at a rate for operations of $1,000,000,000.
``Sec. 478. Notwithstanding section 101, amounts are provided for
`Department of Transportation--Federal Railroad Administration--
Railroad Research and Development' at a rate for operations of
$35,100,000.
``Sec. 479. Notwithstanding section 101, amounts are provided for
`Department of Transportation--Federal Transit Administration--Capital
Investment Grants' at a rate for operations of $1,720,000,000.
``Sec. 480. Notwithstanding section 101, amounts are provided for
`Department of Transportation--Federal Transit Administration--Research
and University Research Centers' at a rate for operations of
$64,200,000.
``Sec. 481. Notwithstanding section 101, amounts are provided for
`Department of Housing and Urban Development--Public and Indian
Housing--Public Housing Operating Fund' at a rate for operations of
$4,626,000,000.
``Sec. 482. Notwithstanding sections 101 and 226, amounts are
provided for `Department of Housing and Urban Development--Community
Planning and Development--Community Development Fund' at a rate for
operations of $4,230,068,480, of which $0 shall be for grants for the
Economic Development Initiative (EDI), $0 shall be for neighborhood
initiatives, and $0 shall be for grants specified in the last proviso
of the last paragraph under such heading in title II of division A of
Public Law 111-117: Provided, That the second and third paragraphs
under such heading in title II of division A of Public Law 111-117
shall not apply to funds appropriated by this Act.''.
This division may be cited as the ``Further Additional Continuing
Appropriations Amendments, 2011''.
This Act may be cited as the ``Department of Defense and Further
Additional Continuing Appropriations Act, 2011''.
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