[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2219 Reported in Senate (RS)]

                                                       Calendar No. 169
112th CONGRESS
  1st Session
                                H. R. 2219

                          [Report No. 112-77]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2011

  Received; read twice and referred to the Committee on Appropriations

                           September 15, 2011

               Reported by Mr. Inouye, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2012, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <DELETED>That the 
following sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the fiscal year ending September 30, 2012, 
for military functions administered by the Department of Defense and 
for other purposes, namely:

                       <DELETED>TITLE I</DELETED>

                 <DELETED>MILITARY PERSONNEL</DELETED>

              <DELETED>Military Personnel, Army</DELETED>

<DELETED>    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, 
$43,859,709,000.</DELETED>

              <DELETED>Military Personnel, Navy</DELETED>

<DELETED>    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, 
$27,141,334,000.</DELETED>

          <DELETED>Military Personnel, Marine Corps</DELETED>

<DELETED>    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, 
$13,480,436,000.</DELETED>

            <DELETED>Military Personnel, Air Force</DELETED>

<DELETED>    For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty stations, for 
members of the Air Force on active duty (except members of reserve 
components provided for elsewhere), cadets, and aviation cadets; for 
members of the Reserve Officers' Training Corps; and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), and to the Department of Defense Military Retirement Fund, 
$28,264,646,000.</DELETED>

               <DELETED>Reserve Personnel, Army</DELETED>

<DELETED>    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, $4,333,507,000.</DELETED>

               <DELETED>Reserve Personnel, Navy</DELETED>

<DELETED>    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, 
$1,948,544,000.</DELETED>

           <DELETED>Reserve Personnel, Marine Corps</DELETED>

<DELETED>    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, 
$645,422,000.</DELETED>

            <DELETED>Reserve Personnel, Air Force</DELETED>

<DELETED>    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, $1,711,653,000.</DELETED>

           <DELETED>National Guard Personnel, Army</DELETED>

<DELETED>    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, $7,607,345,000.</DELETED>

         <DELETED>National Guard Personnel, Air Force</DELETED>

<DELETED>    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, 
$3,099,629,000.</DELETED>

                      <DELETED>TITLE II</DELETED>

              <DELETED>OPERATION AND MAINTENANCE</DELETED>

           <DELETED>Operation and Maintenance, Army</DELETED>

<DELETED>    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, $34,581,321,000.</DELETED>

           <DELETED>Operation and Maintenance, Navy</DELETED>

<DELETED>    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, 
$39,385,685,000.</DELETED>

       <DELETED>Operation and Maintenance, Marine Corps</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Marine Corps, as authorized by 
law, $6,036,996,000.</DELETED>

        <DELETED>Operation and Maintenance, Air Force</DELETED>

<DELETED>    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, 
$36,065,107,000.</DELETED>

       <DELETED>Operation and Maintenance, Defense-Wide</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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, $30,682,265,000 (reduced by $650,000) (reduced by 
$3,600,000):  Provided, That not more than $47,026,000 may be used for 
the Combatant Commander Initiative Fund authorized under section 166a 
of title 10, United States Code:  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 $34,311,000 shall be made 
available for the Procurement Technical Assistance Cooperative 
Agreement Program, of which not less than $3,600,000 shall be available 
for centers defined in 10 U.S.C. 2411(1)(D):  Provided further, That 
none of the funds appropriated or otherwise made available by this Act 
may be used to plan or implement the 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 
$8,420,000, to remain available until expended, is available only for 
expenses relating to certain classified activities, and may be 
transferred as necessary by the Secretary of Defense to operation and 
maintenance appropriations or research, development, test and 
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.</DELETED>

       <DELETED>Operation and Maintenance, Army Reserve</DELETED>

<DELETED>    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, $3,047,033,000.</DELETED>

       <DELETED>Operation and Maintenance, Navy Reserve</DELETED>

<DELETED>    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, $1,323,134,000.</DELETED>

   <DELETED>Operation and Maintenance, Marine Corps Reserve</DELETED>

<DELETED>    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, $271,443,000.</DELETED>

    <DELETED>Operation and Maintenance, Air Force Reserve</DELETED>

<DELETED>    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, $3,310,459,000.</DELETED>

   <DELETED>Operation and Maintenance, Army National Guard</DELETED>

<DELETED>    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), $6,979,232,000.</DELETED>

    <DELETED>Operation and Maintenance, Air National Guard</DELETED>

<DELETED>    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, 
$6,094,380,000.</DELETED>

 <DELETED>United States Court of Appeals for the Armed Forces</DELETED>

<DELETED>    For salaries and expenses necessary for the United States 
Court of Appeals for the Armed Forces, $13,861,000, of which not to 
exceed $5,000 may be used for official representation 
purposes.</DELETED>

           <DELETED>Environmental Restoration, Army</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the Department of the Army, $346,031,000, 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.</DELETED>

           <DELETED>Environmental Restoration, Navy</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the Department of the Navy, $308,668,000, 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.</DELETED>

        <DELETED>Environmental Restoration, Air Force</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the Department of the Air Force, $525,453,000, to 
remain available until transferred:  Provided, That the Secretary of 
the Air Force shall, upon determining that such funds are required for 
environmental restoration, 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.</DELETED>

       <DELETED>Environmental Restoration, Defense-Wide</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the Department of Defense, $10,716,000, to remain 
available until transferred:  Provided, That the Secretary of Defense 
shall, upon determining that such funds are 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.</DELETED>

       <DELETED>Environmental Restoration, Formerly Used Defense 
                            Sites</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the Department of the Army, $276,495,000, 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.</DELETED>

   <DELETED>Overseas Humanitarian, Disaster, and Civic Aid</DELETED>

<DELETED>    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), $107,662,000, to 
remain available until September 30, 2013.</DELETED>

        <DELETED>Cooperative Threat Reduction Account</DELETED>

<DELETED>    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, $508,219,000, to remain available until September 30, 
2014.</DELETED>

   <DELETED>Department of Defense Acquisition Workforce Development 
                             Fund</DELETED>

<DELETED>    For the Department of Defense Acquisition Workforce 
Development Fund, $105,501,000.</DELETED>

                      <DELETED>TITLE III</DELETED>

                     <DELETED>PROCUREMENT</DELETED>

             <DELETED>Aircraft Procurement, Army</DELETED>

<DELETED>    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, $6,487,481,000, to remain available for obligation until 
September 30, 2014.</DELETED>

              <DELETED>Missile Procurement, Army</DELETED>

<DELETED>    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, $1,464,223,000, to remain available for obligation until 
September 30, 2014.</DELETED>

     <DELETED>Procurement of Weapons and Tracked Combat Vehicles, 
                             Army</DELETED>

<DELETED>    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, $2,178,886,000, to remain available for obligation until 
September 30, 2014.</DELETED>

           <DELETED>Procurement of Ammunition, Army</DELETED>

<DELETED>    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, $1,952,625,000, to remain 
available for obligation until September 30, 2014.</DELETED>

               <DELETED>Other Procurement, Army</DELETED>

<DELETED>    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, $9,371,952,000, to remain 
available for obligation until September 30, 2014.</DELETED>

             <DELETED>Aircraft Procurement, Navy</DELETED>

<DELETED>    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, $17,804,750,000, to remain available for obligation 
until September 30, 2014.</DELETED>

              <DELETED>Weapons Procurement, Navy</DELETED>

<DELETED>    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, $2,975,749,000, to remain available 
for obligation until September 30, 2014.</DELETED>

  <DELETED>Procurement of Ammunition, Navy and Marine Corps</DELETED>

<DELETED>    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, $633,048,000, to remain available 
for obligation until September 30, 2014.</DELETED>

          <DELETED>Shipbuilding and Conversion, Navy</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    Carrier Replacement Program (AP), $554,798,000.</DELETED>
<DELETED>    Virginia Class Submarine, $3,221,314,000.</DELETED>
<DELETED>    Virginia Class Submarine (AP), $1,461,361,000.</DELETED>
<DELETED>    CVN Refueling (AP), $529,652,000.</DELETED>
<DELETED>    DDG-1000, $453,727,000.</DELETED>
<DELETED>    DDG-51, $1,978,314,000.</DELETED>
<DELETED>    DDG-51 (AP), $100,723,000.</DELETED>
<DELETED>    Littoral Combat Ship, $1,755,093,000.</DELETED>
<DELETED>    LHA Replacement, $1,999,191,000.</DELETED>
<DELETED>    LPD-17, $1,833,444,000.</DELETED>
<DELETED>    Joint High Speed Vessel, $185,106,000.</DELETED>
<DELETED>    Oceanographic Ships, $89,000,000.</DELETED>
<DELETED>    Moored Training Ship (AP), $131,200,000.</DELETED>
<DELETED>    Service Craft, $3,863,000.</DELETED>
<DELETED>    LCAC Service Life Extension Program, 
$84,076,000.</DELETED>
<DELETED>    For outfitting, post delivery, conversions, and first 
destination transportation, $270,639,000.</DELETED>
<DELETED>    Completion of Prior Year Shipbuilding Programs, 
$73,992,000.</DELETED>
<DELETED>    In all: $14,725,493,000, to remain available for 
obligation until September 30, 2016:  Provided, That additional 
obligations may be incurred after September 30, 2016, for engineering 
services, tests, evaluations, and other such budgeted work that must be 
performed in the final stage of ship construction:  Provided further, 
That none of the funds provided under this heading for the 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.</DELETED>

               <DELETED>Other Procurement, Navy</DELETED>

<DELETED>    For procurement, production, and modernization of support 
equipment and materials not otherwise provided for, Navy ordnance 
(except ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of passenger motor vehicles for replacement 
only; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
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, $5,996,459,000, to 
remain available for obligation until September 30, 2014.</DELETED>

              <DELETED>Procurement, Marine Corps</DELETED>

<DELETED>    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, $1,453,602,000, to remain available for 
obligation until September 30, 2014.</DELETED>

           <DELETED>Aircraft Procurement, Air Force</DELETED>

<DELETED>    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, $13,987,613,000, to 
remain available for obligation until September 30, 2014.</DELETED>

           <DELETED>Missile Procurement, Air Force</DELETED>

<DELETED>    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, $5,689,998,000, to remain available for obligation until 
September 30, 2014.</DELETED>

        <DELETED>Procurement of Ammunition, Air Force</DELETED>

<DELETED>    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, $522,565,000, to remain available 
for obligation until September 30, 2014.</DELETED>

            <DELETED>Other Procurement, Air Force</DELETED>

<DELETED>    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; 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, $17,260,619,000, to remain 
available for obligation until September 30, 2014.</DELETED>

              <DELETED>Procurement, Defense-Wide</DELETED>

<DELETED>    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, $5,046,447,000, to remain available for obligation until 
September 30, 2014.</DELETED>

          <DELETED>Defense Production Act Purchases</DELETED>

<DELETED>    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), $29,964,000, to remain 
available until expended.</DELETED>

                      <DELETED>TITLE IV</DELETED>

     <DELETED>RESEARCH, DEVELOPMENT, TEST AND EVALUATION</DELETED>

  <DELETED>Research, Development, Test and Evaluation, Army</DELETED>

<DELETED>    For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$9,381,166,000, to remain available for obligation until September 30, 
2013.</DELETED>

  <DELETED>Research, Development, Test and Evaluation, Navy</DELETED>

<DELETED>    For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$17,798,950,000, to remain available for obligation until September 30, 
2013:  Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique operational 
requirements of the Special Operations Forces:  Provided further, That 
funds appropriated in this paragraph shall be available for the Cobra 
Judy program.</DELETED>

       <DELETED>Research, Development, Test and Evaluation, Air 
                            Force</DELETED>

<DELETED>    For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$26,313,196,000, to remain available for obligation until September 30, 
2013.</DELETED>

     <DELETED>Research, Development, Test and Evaluation, Defense-
                             Wide</DELETED>

<DELETED>    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, $19,324,865,000 
(reduced by $16,000,000) (reduced by $10,000,000), to remain available 
for obligation until September 30, 2013.</DELETED>

      <DELETED>Operational Test and Evaluation, Defense</DELETED>

<DELETED>    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, $191,292,000, to remain available for obligation 
until September 30, 2013.</DELETED>

                       <DELETED>TITLE V</DELETED>

           <DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>

            <DELETED>Defense Working Capital Funds</DELETED>

<DELETED>    For the Defense Working Capital Funds, 
$1,575,010,000.</DELETED>

            <DELETED>National Defense Sealift Fund</DELETED>

<DELETED>    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $1,100,519,000, to remain available until 
expended:  Provided, That none of the funds provided in this paragraph 
shall be used to award a new contract that provides for the acquisition 
of any of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including 
pumps, for all shipboard services; propulsion system components 
(engines, reduction gears, and 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.</DELETED>

                      <DELETED>TITLE VI</DELETED>

        <DELETED>OTHER DEPARTMENT OF DEFENSE PROGRAMS</DELETED>

               <DELETED>Defense Health Program</DELETED>

<DELETED>    For expenses, not otherwise provided for, for medical and 
health care programs of the Department of Defense as authorized by law, 
$32,317,459,000 (increased by $500,000) (increased by $16,000,000) 
(increased by $10,000,000) (increased by $3,600,000); of which 
$30,497,735,000 shall be for operation and maintenance, of which not to 
exceed 1 percent shall remain available until September 30, 2013, and 
of which up to $16,092,272,000 may be available for contracts entered 
into under the TRICARE program; of which $632,518,000, to remain 
available for obligation until September 30, 2014, shall be for 
procurement; and of which $1,187,206,000 (increased by $500,000) 
(increased by $16,000,000) (increased by $10,000,000) (increased by 
$3,600,000), to remain available for obligation until September 30, 
2013, shall be for research, development, test and evaluation:  
Provided, That, notwithstanding any other provision of law, of the 
amount made available under this heading for research, development, 
test and evaluation, not less than $8,000,000 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.</DELETED>

 <DELETED>Chemical Agents and Munitions Destruction, Defense</DELETED>

<DELETED>    For expenses, not otherwise provided for, necessary for 
the destruction of the United States stockpile of lethal chemical 
agents and munitions in accordance with the 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, $1,554,422,000, of which 
$1,147,691,000 shall be for operation and maintenance, of which no less 
than $103,097,000 shall be for the Chemical Stockpile Emergency 
Preparedness Program, consisting of $30,615,000, for activities on 
military installations and $72,482,000, to remain available until 
September 30, 2013, to assist state and local governments; and 
$406,731,000 to remain available until September 30, 2013, shall be for 
research, development, test and evaluation, of which $401,768,000 shall 
be only for the Assembled Chemical Weapons Alternatives (ACWA) 
Program.</DELETED>

        <DELETED>Drug Interdiction and Counter-Drug Activities, 
                           Defense</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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, $1,208,147,000:  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:  Provided 
further, That $23,000,000 may not be obligated or expended until the 
Secretary of Defense submits an implementation plan for the expansion 
of prescription drug testing to the congressional defense 
committees.</DELETED>

    <DELETED>Joint Improvised Explosive Device Defeat Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the ``Joint Improvised Explosive Device Defeat Fund'', 
$220,634,000, to remain available until September 30, 2014, for Staff 
and Infrastructure:  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 not later than 60 days of 
the enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a plan for the intended management and 
use of the amounts provided under this heading:  Provided further, That 
the Secretary of Defense shall submit a report not later than 60 days 
after the end of each fiscal quarter to the congressional defense 
committees providing assessments of the evolving threats, individual 
service requirements to counter the threats, the current strategy for 
predeployment training of members of the Armed Forces on improvised 
explosive devices, and details on the execution of the Fund:  Provided 
further, That the Secretary of Defense may transfer funds provided 
herein to appropriations for operation and maintenance; procurement; 
research, development, test and evaluation; and defense working capital 
funds to accomplish the purpose provided herein:  Provided further, 
That amounts transferred shall be merged with and available for the 
same purposes and time period as the appropriations 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 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.</DELETED>

           <DELETED>Office of the Inspector General</DELETED>

<DELETED>    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, $346,919,000, of which $286,919,000 shall be for 
operation and maintenance, of which not to exceed $700,000 is available 
for emergencies and extraordinary expenses to be expended on the 
approval or authority of the Inspector General, and payments may be 
made on the Inspector General's certificate of necessity for 
confidential military purposes; of which $1,000,000, to remain 
available until September 30, 2014, shall be for procurement; and of 
which $1,600,000, to remain available until September 30, 2013, shall 
be for research, development, testing, and evaluation.</DELETED>

                      <DELETED>TITLE VII</DELETED>

                  <DELETED>RELATED AGENCIES</DELETED>

 <DELETED>Central Intelligence Agency Retirement and Disability System 
                             Fund</DELETED>

<DELETED>    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, $513,700,000.</DELETED>

      <DELETED>Intelligence Community Management Account</DELETED>

<DELETED>    For necessary expenses of the Intelligence Community 
Management Account, $458,225,000.</DELETED>

                     <DELETED>TITLE VIII</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    Sec. 8001.  No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not authorized 
by the Congress.</DELETED>
<DELETED>    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 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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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, 2012:  Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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 
2012:  Provided, That the report shall include--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) an identification of items of special 
        congressional interest.</DELETED>
<DELETED>    (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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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--</DELETED>
        <DELETED>    (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 advanced procurement activities in the fiscal year 
        covered by the budget, full funding of procurement of such unit 
        in that fiscal year;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) the contract does not provide for a price 
        adjustment based on a failure to award a follow-on 
        contract.</DELETED>
<DELETED>     Funds appropriated in title III of this Act may be used 
for a multiyear procurement contract as follows:</DELETED>
<DELETED>     UH-60M/HH-60M and MH-60R/MH-60S Helicopter Airframes; and 
MH-60R/S Mission Avionics and Common Cockpits.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 8012. (a) During fiscal year 2012, 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.</DELETED>
<DELETED>    (b) The fiscal year 2013 budget request for the Department 
of Defense as well as all justification material and other 
documentation supporting the fiscal year 2013 Department of Defense 
budget request shall be prepared and submitted to the Congress as if 
subsections (a) and (b) of this provision were effective with regard to 
fiscal year 2013.</DELETED>
<DELETED>    (c) Nothing in this section shall be construed to apply to 
military (civilian) technicians.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 8015.  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.</DELETED>
<DELETED>    Sec. 8016.  None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are 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.</DELETED>
<DELETED>    Sec. 8017.  None of the funds available to the Department 
of Defense, herein and hereafter, may be used to demilitarize or 
dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber 
rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or 
destroy small arms ammunition or ammunition components that are not 
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.</DELETED>
<DELETED>    Sec. 8018.  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.</DELETED>
<DELETED>    Sec. 8019.  In addition to the funds provided elsewhere in 
this Act, $15,000,000 is appropriated only for incentive payments 
authorized by section 504 of the Indian 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 1906 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.</DELETED>
<DELETED>    Sec. 8020.  Funds appropriated by this Act for the Defense 
Media Activity shall not be used for any national or international 
political or psychological activities.</DELETED>
<DELETED>    Sec. 8021.  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.</DELETED>
<DELETED>    Sec. 8022. (a) Of the funds made available in this Act, 
not less than $30,945,000 shall be available for the Civil Air Patrol 
Corporation, of which--</DELETED>
        <DELETED>    (1) $27,838,000 shall be available from 
        ``Operation and Maintenance, Air Force'' to support Civil Air 
        Patrol Corporation operation and maintenance, readiness, 
        counter-drug activities, and drug demand reduction activities 
        involving youth programs;</DELETED>
        <DELETED>    (2) $2,190,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and</DELETED>
        <DELETED>    (3) $917,000 shall be available from ``Other 
        Procurement, Air Force'' for vehicle procurement.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8023. (a) None of the funds appropriated in this Act 
are available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other nonprofit 
entities.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Notwithstanding any other provision of law, none of 
the funds available to the department from any source during fiscal 
year 2012 may be used by a defense FFRDC, through a fee or other 
payment mechanism, for construction of new buildings, for payment of 
cost sharing for projects funded by Government grants, for absorption 
of contract overruns, or for certain charitable contributions, not to 
include employee participation in community service and/or 
development.</DELETED>
<DELETED>    (d) Notwithstanding any other provision of law, of the 
funds available to the department during fiscal year 2012, not more 
than 5,750 staff years of technical effort (staff years) may be funded 
for defense FFRDCs:  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).</DELETED>
<DELETED>    (e) The Secretary of Defense shall, with the submission of 
the department's fiscal year 2013 budget request, submit a report 
presenting the specific amounts of staff years of technical effort to 
be allocated for each defense FFRDC during that fiscal year and the 
associated budget estimates.</DELETED>
<DELETED>    (f) Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act for FFRDCs is hereby reduced by 
$125,000,000.</DELETED>
<DELETED>    Sec. 8024.  None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy or armor 
steel plate for use in any Government-owned 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.</DELETED>
<DELETED>    Sec. 8025.  For the purposes of this Act, the term 
``congressional defense committees'' means the Armed Services Committee 
of the House of Representatives, the Armed Services Committee of the 
Senate, the 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.</DELETED>
<DELETED>    Sec. 8026.  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.</DELETED>
<DELETED>    Sec. 8027. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, determines 
that a foreign country which is party to an agreement described in 
paragraph (2) has violated the terms of the agreement by discriminating 
against certain types of products produced in the United States that 
are covered by the agreement, the Secretary of Defense shall rescind 
the Secretary's blanket waiver of the Buy American Act with respect to 
such types of products produced in that foreign country.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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 2012. Such report shall separately indicate the 
dollar value of items for which the Buy American Act was waived 
pursuant to any agreement described in subsection (a)(2), the Trade 
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any international 
agreement to which the United States is a party.</DELETED>
<DELETED>    (c) For purposes of this section, the term ``Buy American 
Act'' means chapter 83 of title 41, United States Code.</DELETED>
<DELETED>    Sec. 8028.  During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military Facility 
Investment Recovery Account established by section 2921(c)(1) of the 
National Defense Authorization Act of 1991 (Public Law 101-510; 10 
U.S.C. 2687 note) shall be available until expended for the payments 
specified by section 2921(c)(2) of that Act.</DELETED>
<DELETED>    Sec. 8029. (a) Notwithstanding any other provision of law, 
the Secretary of the Air Force may convey at no cost to the Air Force, 
without consideration, to Indian tribes located in the States of 
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, 
and 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    Sec. 8030.  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.</DELETED>
<DELETED>    Sec. 8031. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of 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.</DELETED>
<DELETED>    (b) The fiscal year 2013 budget request for the Department 
of Defense as well as all justification material and other 
documentation supporting the fiscal year 2013 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 2013 procurement appropriation and not in the 
supply management business area or any other area or category of the 
Department of Defense Working Capital Funds.</DELETED>
<DELETED>    Sec. 8032.  None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 2013:  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, 2013.</DELETED>
<DELETED>    Sec. 8033.  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.</DELETED>
<DELETED>    Sec. 8034.  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.</DELETED>
<DELETED>    Sec. 8035. (a) None of the funds appropriated in this Act 
may be expended by an entity of the Department of Defense unless the 
entity, in expending the funds, complies with the Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means 
chapter 83 of title 41, United States Code.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8036.  None of the funds appropriated by this Act 
shall be available for a contract for studies, analysis, or consulting 
services entered into without competition on the basis of an 
unsolicited proposal unless the head of the activity responsible for 
the procurement determines--</DELETED>
        <DELETED>    (1) as a result of thorough technical evaluation, 
        only one source is found fully qualified to perform the 
        proposed work;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) the purpose of the contract is to take 
        advantage of unique and significant industrial accomplishment 
        by a specific concern, or to ensure 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.</DELETED>
<DELETED>    Sec. 8037. (a) Except as provided in subsections (b) and 
(c), none of the funds made available by this Act may be used--
</DELETED>
        <DELETED>    (1) to establish a field operating agency; 
        or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) This section does not apply to--</DELETED>
        <DELETED>    (1) field operating agencies funded within the 
        National Intelligence Program;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    Sec. 8038.  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.</DELETED>

                    <DELETED>(rescissions)</DELETED>

<DELETED>    Sec. 8039.  Of the funds appropriated in Department of 
Defense Appropriations Acts, the following funds are hereby rescinded 
from the following accounts and programs in the specified 
amounts:</DELETED>
<DELETED>    ``National Defense Sealift Fund'', 2002/XXXX, 
$20,444,000.</DELETED>
<DELETED>    ``National Defense Sealift Fund'', 2003/XXXX, 
$8,500,000.</DELETED>
<DELETED>    ``National Defense Sealift Fund'', 2004/XXXX, 
$6,500,000.</DELETED>
<DELETED>    ``Aircraft Procurement, Navy'', 2010/2012, 
$90,000,000.</DELETED>
<DELETED>    ``Aircraft Procurement, Navy'', 2011/2013, 
$55,000,000.</DELETED>
<DELETED>    ``Weapons Procurement, Navy'', 2011/2013, 
$35,427,000.</DELETED>
<DELETED>    ``Procurement of Ammunition, Navy and Marine Corps'', 
2011/2013, $8,612,000.</DELETED>
<DELETED>    ``Shipbuilding and Conversion, Navy'', 2011/2015, 
$110,351,000.</DELETED>
<DELETED>    ``Aircraft Procurement, Air Force'', 2011/2013, 
$30,000,000.</DELETED>
<DELETED>    ``Missile Procurement, Air Force'', 2011/2013, 
$122,500,000.</DELETED>
<DELETED>    ``Other Procurement, Air Force'', 2011/2013, 
$90,000,000.</DELETED>
<DELETED>    ``Procurement, Defense-Wide'', 2011/2013, 
$45,000,000.</DELETED>
<DELETED>    ``Research, Development, Test and Evaluation, Navy'', 
2011/2012, $34,771,000.</DELETED>
<DELETED>    ``Research, Development, Test and Evaluation, Air Force'', 
2011/2012, $105,000,000.</DELETED>
<DELETED>    ``Research, Development, Test and Evaluation, Defense-
Wide'', 2011/2012, $318,000,000.</DELETED>
<DELETED>Notwithstanding any other provision of law, none of the funds 
provided may be used for the construction of additional sealift 
capacity, as described under the heading ``National Defense Sealift 
Fund'' in Public Law 107-117, Public Law 107-248, and Public Law 108-
87, or for the purposes described in section 115 of division H of 
Public Law 108-199, as amended by section 1017 of division A of Public 
Law 109-13.</DELETED>
<DELETED>    Sec. 8040.  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.</DELETED>
<DELETED>    Sec. 8041.  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.</DELETED>
<DELETED>    Sec. 8042.  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.</DELETED>
<DELETED>    Sec. 8043.  During the current fiscal year, none of the 
funds appropriated in this Act may be used to reduce the civilian 
medical and medical support personnel assigned to military treatment 
facilities below the September 30, 2003, level:  Provided, That the 
Service Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population is 
declining in some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and capitation-
based budgeting.</DELETED>
<DELETED>    Sec. 8044. (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8045.  None of the funds appropriated by this Act may 
be used for the procurement of ball and roller bearings other than 
those produced by a domestic source and of domestic origin:  Provided, 
That the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
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 103 of title 41, United States Code, except that the 
restriction shall apply to ball or roller bearings purchased as end 
items.</DELETED>
<DELETED>    Sec. 8046.  None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the United 
States, unless the Secretary of Defense 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.</DELETED>
<DELETED>    Sec. 8047.  None of the funds made available in this or 
any other Act may be used to pay the salary of any officer or employee 
of the Department of Defense who 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.</DELETED>
<DELETED>    Sec. 8048. (a) Notwithstanding any other provision of law, 
none of the funds available to the Department of Defense for the 
current fiscal year may be obligated or expended to transfer to another 
nation or an international organization any defense articles or 
services (other than intelligence services) for use in the activities 
described in subsection (b) unless the congressional defense 
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.</DELETED>
<DELETED>    (b) This section applies to--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.</DELETED>
<DELETED>    (c) A notice under subsection (a) shall include the 
following:</DELETED>
        <DELETED>    (1) A description of the equipment, supplies, or 
        services to be transferred.</DELETED>
        <DELETED>    (2) A statement of the value of the equipment, 
        supplies, or services to be transferred.</DELETED>
        <DELETED>    (3) In the case of a proposed transfer of 
        equipment or supplies--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    Sec. 8049.  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--</DELETED>
        <DELETED>    (1) such costs are for a bonus or otherwise in 
        excess of the normal salary paid by the contractor to the 
        employee; and</DELETED>
        <DELETED>    (2) such bonus is part of restructuring costs 
        associated with a business combination.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8050.  During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' may be transferred to 
appropriations available for the pay of military personnel, to be 
merged with, and to be available for the same time period as the 
appropriations to which transferred, to be used in support of such 
personnel in 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.</DELETED>
<DELETED>    Sec. 8051.  During the current fiscal year, in the case of 
an appropriation account of the Department of Defense for which the 
period of availability for obligation has 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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) the obligation is not otherwise properly 
        chargeable to any current appropriation account of the 
        Department of Defense; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    Sec. 8052. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of equipment 
of the National Guard Distance 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8053.  Using funds available by this Act or any other 
Act, the Secretary of the Air Force, pursuant to a determination under 
section 2690 of title 10, United States Code, may implement cost-
effective agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal 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.</DELETED>
<DELETED>    Sec. 8054.  None of the funds appropriated in title IV of 
this Act may be used to procure end-items for delivery to military 
forces for operational training, operational use or inventory 
requirements:  Provided, That this restriction does not apply to end-
items used in development, 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.</DELETED>
<DELETED>    Sec. 8055.  None of the funds made available in this Act 
may be used to approve or license the sale of the F-22A advanced 
tactical fighter to any foreign government:  Provided, That the 
Department of Defense may conduct or participate in studies, research, 
design and other activities to define and develop a future export 
version of the F-22A that protects classified and sensitive 
information, technologies and U.S. warfighting capabilities.</DELETED>
<DELETED>    Sec. 8056. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each limitation on 
the procurement of defense items from foreign sources provided in law 
if the Secretary determines that the application of the limitation with 
respect to that country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign country, or 
would invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, United 
States Code, and the country does not discriminate against the same or 
similar defense items produced in the United States for that 
country.</DELETED>
<DELETED>    (b) Subsection (a) applies with respect to--</DELETED>
        <DELETED>    (1) contracts and subcontracts entered into on or 
        after the date of the enactment of this Act; and</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8057. (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8058.  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.</DELETED>
<DELETED>    Sec. 8059.  Notwithstanding any other provision of law, 
funds appropriated in this Act under the heading ``Research, 
Development, Test and Evaluation, Defense-Wide'' for any new start 
advanced concept technology demonstration project or joint capability 
demonstration project may only be obligated 30 days after a report, 
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.</DELETED>
<DELETED>    Sec. 8060.  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.</DELETED>
<DELETED>    Sec. 8061.  During the current fiscal year, none of the 
funds available to the Department of Defense may be used to provide 
support to another department or agency of the United States if such 
department or agency is more than 90 days in arrears in making payment 
to the Department of Defense for goods or services previously provided 
to such department or agency on a reimbursable basis:  Provided, That 
this restriction shall not apply if the department is authorized by law 
to provide support to such department or agency on a nonreimbursable 
basis, and is providing the requested support pursuant to such 
authority:  Provided 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.</DELETED>
<DELETED>    Sec. 8062.  Notwithstanding section 12310(b) of title 10, 
United States Code, a Reserve who is a member of the National Guard 
serving on full-time National Guard duty under section 502(f) of title 
32, United States Code, may perform duties in support of the ground-
based elements of the National Ballistic Missile Defense 
System.</DELETED>
<DELETED>    Sec. 8063.  None of the funds provided in this Act may be 
used to transfer to any nongovernmental entity ammunition held by the 
Department of Defense that has a center-fire cartridge and a United 
States military 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.</DELETED>
<DELETED>    Sec. 8064.  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.</DELETED>
<DELETED>    Sec. 8065.  None of the funds appropriated by this Act 
shall be used for the support of any nonappropriated funds activity of 
the Department of Defense that procures malt beverages and wine with 
nonappropriated funds for resale (including such alcoholic beverages 
sold by the drink) on a military installation located in the United 
States unless such malt beverages and wine are procured within that 
State, or in the case of the District of Columbia, within the District 
of Columbia, in which the military installation is located:  Provided, 
That in a case in which the military installation is located in more 
than one State, purchases may be made in any State in which the 
installation is 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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8066.  Of the amounts appropriated in this Act under 
the heading ``Operation and Maintenance, Army'', $124,493,000 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.</DELETED>
<DELETED>    Sec. 8067.  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 2012.</DELETED>
<DELETED>    Sec. 8068.  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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8069.  Of the amounts appropriated in this Act under 
the headings ``Procurement, Defense-Wide'' and ``Research, Development, 
Test and Evaluation, Defense-Wide'', $235,700,000 shall be for the 
Israeli Cooperative Programs:  Provided, That of this amount, 
$110,500,000 shall be for the Short Range Ballistic Missile Defense 
(SRBMD) program, including cruise missile defense research and 
development under the SRBMD program, of which $15,000,000 shall be for 
production activities of David Sling Weapon System missiles in the 
United States and in Israel to meet Israel's defense requirements, 
consistent with each nation's laws, regulations, and procedures, 
$66,200,000 shall be available for an upper-tier component to the 
Israeli Missile Defense architecture, and $59,000,000 shall be for the 
Arrow System Improvement Program including development of a long range, 
ground and airborne, detection suite:  Provided further, That funds 
made available under this provision for production of 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.</DELETED>
<DELETED>    Sec. 8070.  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 
United States Navy forces assigned to the Pacific fleet:  Provided, 
That the command and control relationships which existed on October 1, 
2004, shall remain in force unless changes are specifically authorized 
in a subsequent Act.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8071.  Of the amounts appropriated in this Act under 
the heading ``Shipbuilding and Conversion, Navy'', $73,992,000 shall be 
available until September 30, 2012, to fund prior year shipbuilding 
cost increases:  Provided, That upon enactment of this Act, the 
Secretary of the Navy shall transfer funds to the following 
appropriations in the amounts specified:  Provided further, That the 
amounts transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred:</DELETED>
        <DELETED>    To:</DELETED>
        <DELETED>    Under the heading ``Shipbuilding and Conversion, 
        Navy, 2005/2012'': LPD-17 Amphibious Transport Dock Program 
        $18,627,000.</DELETED>
        <DELETED>    Under the heading ``Shipbuilding and Conversion, 
        Navy, 2006/2012'': LPD-17 Amphibious Transport Dock Program 
        $23,437,000.</DELETED>
        <DELETED>    Under the heading ``Shipbuilding and Conversion, 
        Navy, 2008/2012'': LPD-17 Amphibious Transport Dock Program 
        $31,928,000.</DELETED>
<DELETED>    Sec. 8072.  Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may exercise the provisions of 
section 7403(g) of title 38, United States Code, for occupations listed 
in section 7403(a)(2) of title 38, United States Code, as well as the 
following:</DELETED>
        <DELETED>    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:</DELETED>
                        <DELETED>    (1) The requirements of section 
                        7403(g)(1)(A) of title 38, United States Code, 
                        shall apply.</DELETED>
                        <DELETED>    (2) The limitations of section 
                        7403(g)(1)(B) of title 38, United States Code, 
                        shall not apply.</DELETED>
<DELETED>    Sec. 8073.  Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2012 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2012.</DELETED>
<DELETED>    Sec. 8074.  None of the funds provided in this Act shall 
be available for obligation or expenditure through a reprogramming of 
funds that creates or initiates a new program, project, or activity 
unless such program, project, or activity must be undertaken 
immediately in the interest of national security and only after written 
prior notification to the congressional defense committees.</DELETED>
<DELETED>    Sec. 8075.  The budget of the President for fiscal year 
2013 submitted to the Congress pursuant to section 1105 of title 31, 
United States Code, shall include separate budget justification 
documents for costs of United States Armed 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.</DELETED>
<DELETED>    Sec. 8076.  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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8077.  In addition to the amounts appropriated or 
otherwise made available elsewhere in this Act, $44,000,000 is hereby 
appropriated to the Department of Defense:  Provided, That upon the 
determination of the Secretary of Defense that it shall serve the 
national interest, he shall make grants in the amounts specified as 
follows: $20,000,000 to the United Service Organizations and 
$24,000,000 to the Red Cross.</DELETED>
<DELETED>    Sec. 8078.  None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish the 
operation of the 53rd Weather Reconnaissance 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.</DELETED>
<DELETED>    Sec. 8079.  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.</DELETED>
<DELETED>    Sec. 8080. (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.</DELETED>
<DELETED>    (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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8081.  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.</DELETED>
<DELETED>    Sec. 8082.  For purposes of section 7108 of title 41, 
United States Code, any subdivision of appropriations made under the 
heading ``Shipbuilding and Conversion, Navy'' that is not closed at the 
time reimbursement is made shall be available to reimburse the Judgment 
Fund and shall be considered for the same purposes as any subdivision 
under the heading ``Shipbuilding and Conversion, Navy'' appropriations 
in the current fiscal year or any prior fiscal year.</DELETED>
<DELETED>    Sec. 8083. (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8084.  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.</DELETED>
<DELETED>    Sec. 8085.  None of the funds appropriated by this Act for 
programs of the Office of the Director of National Intelligence shall 
remain available for obligation beyond the current fiscal year, except 
for funds appropriated for research and technology, which shall remain 
available until September 30, 2013.</DELETED>
<DELETED>    Sec. 8086.  For purposes of section 1553(b) of title 31, 
United States Code, any subdivision of appropriations made in this Act 
under the heading ``Shipbuilding and Conversion, Navy'' shall be 
considered to be for the same purpose as any subdivision under the 
heading ``Shipbuilding and Conversion, Navy'' appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply to the 
total amount of the appropriation.</DELETED>
<DELETED>    Sec. 8087.  Notwithstanding any other provision of law, 
not more than 35 percent of funds provided in this Act for 
environmental remediation may be obligated under indefinite delivery/
indefinite quantity contracts with a total contract value of 
$130,000,000 or higher.</DELETED>
<DELETED>    Sec. 8088.  The Director of National Intelligence shall 
include the budget exhibits identified in paragraphs (1) and (2) as 
described in the Department of Defense Financial Management Regulation 
with the congressional budget justification books:</DELETED>
        <DELETED>    (1) For procurement programs requesting more than 
        $10,000,000 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.</DELETED>
        <DELETED>    (2) For research, development, test and evaluation 
        projects requesting more than $5,000,000 in any fiscal year, 
        the R-1, RDT&E Program; R-2, RDT&E Budget Item Justification; 
        R-3, RDT&E Project Cost Analysis; and R-4, RDT&E Program 
        Schedule Profile.</DELETED>
<DELETED>    Sec. 8089.  The Secretary of Defense shall create a major 
force program category for space for each future-years defense program 
of the Department of Defense submitted to Congress under section 221 of 
title 10, United States Code, during fiscal year 2012. 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.</DELETED>
<DELETED>    Sec. 8090. (a) Not later than 60 days after enactment of 
this Act, 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 pursuant to 
section 8092 of this Act for fiscal year 2012:  Provided, That the 
report shall include--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) a delineation in the table for each 
        appropriation by Expenditure Center, project, and subproject; 
        and</DELETED>
        <DELETED>    (3) an identification of items of special 
        congressional interest.</DELETED>
<DELETED>    (b) None of the funds provided for the National 
Intelligence Program in this Act shall be available for reprogramming 
or transfer pursuant to section 8092 of this Act until the report 
identified in subsection (a) is submitted to the congressional 
intelligence committees, unless the Director of National Intelligence 
certifies in writing 15 days in advance to the congressional 
intelligence committees that such reprogramming or transfer is 
necessary as an emergency requirement.</DELETED>
<DELETED>    Sec. 8091. (a) None of the funds provided for the National 
Intelligence Program in this or any prior appropriations Act shall be 
available for obligation or expenditure through a reprogramming or 
transfer of funds in accordance with section 102A(d) of the National 
Security Act of 1947 (50 U.S.C. 403-1(d)) that--</DELETED>
        <DELETED>    (1) creates a new program, project, or 
        subproject;</DELETED>
        <DELETED>    (2) eliminates a program, project, or 
        subproject;</DELETED>
        <DELETED>    (3) increases funds or personnel by any means for 
        any program, project, or subproject;</DELETED>
        <DELETED>    (4) for which funds have been denied or 
        restricted;</DELETED>
        <DELETED>    (5) relocates an office or employees; or</DELETED>
        <DELETED>    (6) reorganizes or renames an office,</DELETED>
<DELETED>unless the Committees on Appropriations of the House of 
Representatives and the Senate are notified 15 days in advance of such 
reprogramming of funds.</DELETED>
<DELETED>    (b) None of the funds provided for the National 
Intelligence Program in this or any prior appropriations Act shall be 
available for obligation or expenditure through a reprogramming or 
transfer of funds in accordance with section 102A(d) of the National 
Security Act of 1947 (50 U.S.C. 403-1(d)) in excess of $1,000,000 or 10 
percent, whichever is less, that--</DELETED>
        <DELETED>    (1) augments existing programs, projects, or 
        subprojects;</DELETED>
        <DELETED>    (2) reduces by 10 percent funding for any existing 
        program, project, or subproject or the number of personnel by 
        10 percent as approved by Congress; or</DELETED>
        <DELETED>    (3) results from any general savings, including 
        savings from a reduction in personnel costs, which would result 
        in a change in existing programs, projects, or subprojects as 
        approved by Congress,</DELETED>
<DELETED>unless the Appropriations Committees of both Houses of 
Congress are notified 15 days in advance of such reprogramming of 
funds.</DELETED>
<DELETED>    Sec. 8092.  The Director of National Intelligence shall 
submit to Congress each year, at or about the time that the President's 
budget is submitted to Congress that year under section 1105(a) of 
title 31, United States Code, a future-years intelligence program 
(including 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.</DELETED>
<DELETED>    Sec. 8093.  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.</DELETED>
<DELETED>    Sec. 8094.  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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8095.  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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8096.  Of the funds appropriated in the Intelligence 
Community Management Account for the Program Manager for the 
Information Sharing Environment, $22,000,000 is available for transfer 
by the Director of National Intelligence to other departments and 
agencies for purposes of Government-wide information sharing 
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 section:  Provided further, That the Director of National 
Intelligence shall notify the Committees on Appropriations of the House 
of Representatives and the Senate of such transfers pursuant to section 
pursuant to the reprogramming procedures established in sections 8090 
and 8091.</DELETED>
<DELETED>    Sec. 8097.  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.</DELETED>
<DELETED>    Sec. 8098. (a) Any agency receiving funds made available 
in this Act, shall, subject to subsections (b) and (c), post on the 
public website of that agency any report required to be submitted by 
the Congress in this or any other Act, upon the determination by the 
head of the agency that it shall serve the national interest.</DELETED>
<DELETED>    (b) Subsection (a) shall not apply to a report if--
</DELETED>
        <DELETED>    (1) the public posting of the report compromises 
        national security; or</DELETED>
        <DELETED>    (2) the report contains proprietary 
        information.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8099. (a) None of the funds appropriated or otherwise 
made available by this Act may be expended for any Federal contract for 
an amount in excess of $1,000,000, unless the contractor agrees not 
to--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 8100. (a)(1) No National Intelligence Program funds 
appropriated in this Act may be used for a mission critical or mission 
essential business management 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.</DELETED>
<DELETED>    (2) During the fiscal year 2012 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 Investment Review Board.</DELETED>
<DELETED>    (b) This section shall not apply to any programmatic or 
analytic systems or programmatic or analytic system 
improvements.</DELETED>
<DELETED>    Sec. 8101.  None of the funds made available under this 
Act may be distributed to the Association of Community Organizations 
for Reform Now (ACORN) or its subsidiaries.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8102.  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.</DELETED>
<DELETED>    Sec. 8103.  The Secretaries of the Army, Navy, Air Force, 
and the Directors of the Defense Agencies and Field Activities (in 
coordination with the appropriate 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.</DELETED>
<DELETED>    Sec. 8104.  Section 310(b) of the Supplemental 
Appropriations Act, 2009 (Public Law 111-32; 124 Stat. 1871), as 
amended by Public Law 112-10, is amended by striking ``2 years'' both 
places it appears and inserting ``3 years''.</DELETED>
<DELETED>    Sec. 8105.  The Office of the Director of National 
Intelligence shall not employ more Senior Executive and General 
Schedule 15 equivalent employees than are specified in the classified 
annex:  Provided, That, notwithstanding any other provision of law, the 
Office of the Director of National Intelligence shall select 
individuals for Senior Executive positions in a manner consistent with 
all requirements established in statute and all Office of Personnel 
Management regulations, guidance and procedures governing the 
appointment of individuals to the Senior Executive Service for other 
Federal agencies:  Provided further, That the Director of National 
Intelligence shall certify within 90 days of enactment of this Act to 
the Committees on Appropriations of the House of Representatives and 
the Senate that the Office of the Director of National Intelligence, in 
consultation with the Director of the Office of Personnel Management, 
has revised it selection process for Senior Executive positions to 
conform with Office of Personnel Management regulations, requirements, 
and procedures:  Provided further, That during fiscal year 2012, the 
Office of the Director of National Intelligence shall not appoint any 
individual to a Senior Executive position if that person was not 
serving in a Senior Executive position in fiscal year 2011 until the 
Director of National Intelligence has submitted its new policies and 
procedures to the Committees on Appropriations of the House of 
Representatives and the Senate.</DELETED>
<DELETED>    Sec. 8106.  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.</DELETED>
<DELETED>    Sec. 8107.  Appropriations available to the Department of 
Defense may be used for the purchase of heavy and light armored 
vehicles for the physical security of personnel or for force protection 
purposes up to a limit of $250,000 per vehicle, notwithstanding price 
or other limitations applicable to the purchase of passenger carrying 
vehicles.</DELETED>
<DELETED>    Sec. 8108.  Of the amounts appropriated for Military 
Personnel under title I of the Act, not to exceed 1 percent of each 
appropriation shall remain available until September 30, 
2013.</DELETED>
<DELETED>    Sec. 8109.  Of the amounts appropriated for ``Operation 
and Maintenance, Defense-Wide'', $33,000,000 shall be available to the 
Secretary of Defense, notwithstanding any other provision of law, 
acting through the Office of Economic Adjustment of the Department of 
Defense, to make grants, conclude cooperative agreements, and 
supplement other Federal funds, to remain available until expended, to 
assist the civilian population of Guam in response to the military 
buildup of Guam, to include addressing the need for vehicles and 
supplies for civilian student transportation, preservation and 
repository of artifacts unearthed during military construction, and 
construction of a mental health and substance abuse facility.</DELETED>
<DELETED>    Sec. 8110.  None of the funds made available by this Act 
may be used by the Secretary of Defense to operate more than 1,000 
parking spaces provided by the combination spaces provided by the BRAC 
133 project and the lease of spaces in the immediate vicinity of the 
BRAC 133 project.</DELETED>
<DELETED>    Sec. 8111. (a) None of the funds provided in this title 
for Operation and Maintenance may be available for obligation or 
expenditure to relocate Air Force program offices, or acquisition 
management functions of major weapons systems, to a central location, 
or to any location other than the Air Force Material Command site where 
they are currently located until 30 days after the Secretary of the Air 
Force submits the initial report under subsection (b).</DELETED>
<DELETED>    (b) The Secretary of the Air Force shall submit to the 
congressional defense committees a report which includes the following: 
a listing of all Air Force Material Command functions to be transferred 
and an identification of the locations where these functions will be 
transferred from and to; a listing of all Air Force Material Command 
personnel positions to be transferred and an identification of the 
locations these positions will be transferred from and to; and the cost 
benefit analysis and the life-cycle cost analysis underpinning the 
Secretary of the Air Forces decisions to relocate Air Force Material 
Command functions and personnel.</DELETED>
<DELETED>    Sec. 8112.  Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall resume monthly 
reporting of the numbers of civilian personnel end strength by 
appropriation account for each and every appropriation account used to 
finance Federal civilian personnel salaries to the congressional 
defense committees.</DELETED>
<DELETED>    Sec. 8113.  In addition to amounts provided elsewhere in 
this Act, $10,000,000 is hereby appropriated, for an additional amount 
for ``Research, Development, Test and Evaluation, Army'', to remain 
available until September 30, 2013. Such funds may be available for the 
Secretary of the Army to conduct research on alternative energy 
resources for deployed forces.</DELETED>
<DELETED>    Sec. 8114. (a) None of the funds appropriated in this Act 
for the National Intelligence Program or the Military Intelligence 
Program are available to establish a new 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.</DELETED>
<DELETED>    (b) No member of a Board of Directors, Trustees, 
Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or 
any similar entity of a defense or intelligence FFRDC, and no paid 
consultant to any defense or intelligence FFRDC, except when acting in 
a technical advisory capacity, may be compensated for his or her 
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.</DELETED>
<DELETED>    (c) Notwithstanding any other provision of law, none of 
the funds available to a National Intelligence Program or Military 
Intelligence Program from any source during fiscal year 2012 may be 
used by a defense or intelligence FFRDC, through a fee or other payment 
mechanism, for construction of new buildings, for payment of cost 
sharing for projects funded by Government grants, for absorption of 
contract overruns, or for certain charitable contributions, not to 
include employee participation in community service and/or 
development.</DELETED>
<DELETED>    (d) Notwithstanding any other provision of law, of the 
funds available to the National Intelligence Program or Military 
Intelligence Program during fiscal year 2012, the total level of 
funding and staff years of technical effort (staff years) for FFRDCs 
shall not exceed the allocation included in the classified annex 
accompanying this Act.</DELETED>
<DELETED>    (e) The Secretary of Defense and the Director of National 
Intelligence shall, with the submission of the fiscal year 2013 budget 
request, submit a report presenting the specific amounts of staff years 
of technical effort to be allocated for each FFRDC during that fiscal 
year and the associated budget estimates for the National Intelligence 
Programs and Military Intelligence Programs:  Provided, That such 
information shall be provided in a classified manner.</DELETED>
<DELETED>    (f) Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act for National Intelligence Program 
and Military Intelligence Program FFRDCs is hereby reduced by the 
amount specified in the classified annex.</DELETED>
<DELETED>    Sec. 8115.  The Secretary of Defense shall study and 
report to the Congressional Defense Committees the feasibility of using 
commercially available telecommunications expense management solutions 
across the Department of Defense by March 1, 2012.</DELETED>
<DELETED>    Sec. 8116.  None of the funds appropriated in this or any 
other Act may be used to plan, prepare for, or otherwise take any 
action to undertake or implement the separation of the National 
Intelligence Program budget from the Department of Defense 
budget.</DELETED>
<DELETED>    Sec. 8117.  None of the funds appropriated in title II in 
this Act for ``Operation and Maintenance'' may be used for Information 
Operations/Military Information Support Operations 
activities.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8118.  Upon a determination by the Director of 
National Intelligence that such action is necessary and in the national 
interest, the Director may, with the approval of the Office of 
Management and Budget, transfer not to exceed $1,000,000,000 of the 
funds made available in this Act to the intelligence community and the 
associated Agencies for intelligence functions (except military 
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 intelligence 
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 such transfers shall be made only 
in accordance with sections 8091 and 8092 of the Act:  Provided 
further, That no part of the funds in this Act shall be available to 
prepare or present a request to the Committees on Appropriations of the 
House of Representatives and Senate 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, 2012.</DELETED>
<DELETED>    Sec. 8119.  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 
$501,800,000, the total amount appropriated in title III of this Act is 
hereby reduced by $484,800,000, and the total amount appropriated in 
title IV of this Act is hereby reduced by $323,500,000: 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.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    Sec. 8120.  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.</DELETED>
<DELETED>    Sec. 8121.  None of the funds appropriated or otherwise 
made available in this or any other Act may be used to transfer, 
release, or assist in the transfer or release to or within the United 
States, its territories, or possessions Khalid Sheikh Mohammed or any 
other detainee who--</DELETED>
        <DELETED>    (1) is not a United States citizen or a member of 
        the Armed Forces; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    Sec. 8122. (a)(1) Except as provided in paragraph (2), 
none of the funds appropriated or otherwise made available in this or 
any other Act may be used to transfer any individual detained at 
Guantanamo to the custody or effective control of the individual's 
country of origin, any other foreign country, or any other foreign 
entity unless the Secretary of Defense submits to Congress the 
certification described in subsection (b) by not later than 30 days 
before the transfer of the individual.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) is not a designated state sponsor of terrorism 
        or a designated foreign terrorist organization;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) has taken such steps as the Secretary 
        determines are necessary to ensure that the individual cannot 
        engage or reengage in any terrorist activity;</DELETED>
        <DELETED>    (6) has agreed to share any information with the 
        United States that--</DELETED>
                <DELETED>    (A) is related to the individual or any 
                associates of the individual; and</DELETED>
                <DELETED>    (B) could affect the security of the 
                United States, its citizens, or its allies; 
                and</DELETED>
        <DELETED>    (7) has agreed to allow appropriate agencies of 
        the United States to have access to the individual, if 
        requested.</DELETED>
<DELETED>    (c)(1) Except as provided in paragraph (3), none of the 
funds appropriated or otherwise made available in this or any other Act 
may be used to transfer any individual detained at Guantanamo to the 
custody or effective control of the individual's country of origin, any 
other foreign country, or any other foreign entity if there is a 
confirmed case of any individual who was detained at United States 
Naval Station, Guantanamo Bay, Cuba, at any time after September 11, 
2001, who was transferred to the foreign country or entity and 
subsequently engaged in any terrorist activity.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) For the purposes of this section:</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) is not a citizen of the United States 
                or a member of the Armed Forces of the United States; 
                and</DELETED>
                <DELETED>    (B) is--</DELETED>
                        <DELETED>    (i) in the custody or under the 
                        effective control of the Department of Defense; 
                        or</DELETED>
                        <DELETED>    (ii) otherwise under detention at 
                        United States Naval Station, Guantanamo Bay, 
                        Cuba.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    Sec. 8123. (a) None of the funds appropriated or otherwise 
made available by this or any other Act may be used to modify any 
facility in the United States, its territories, or possessions to house 
any individual described in subsection (c) for the purposes of 
detention or imprisonment in the custody or under the effective control 
of the Department of Defense.</DELETED>
<DELETED>    (b) The prohibition in subsection (a) shall not apply to 
any modification of facilities at United States Naval Station, 
Guantanamo Bay, Cuba.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) is not a citizen of the United States or a 
        member of the Armed Forces of the United States; and</DELETED>
        <DELETED>    (2) is--</DELETED>
                <DELETED>    (A) in the custody or under the effective 
                control of the Department of Defense; or</DELETED>
                <DELETED>    (B) otherwise under detention at United 
                States Naval Station, Guantanamo Bay, Cuba.</DELETED>
<DELETED>    Sec. 8124. (a) In General.--Of the funds made available to 
the Department of Defense under ``Operation and Maintenance, Defense-
Wide'' in title II, $1,000,000 shall be available to the Department to 
commission through a competitive, independent, private sector entity 
that is an organization described in section 501(c)(3) of the Internal 
Revenue Code of 1986 and exempt from tax under section 501(a) of such 
Code, and has recognized credentials and expertise in military affairs, 
to conduct a forward-looking, independent assessment of the current and 
prospective situation on the ground in Afghanistan and Pakistan, its 
impact on the surrounding region, and its consequences for United 
States interests. The entity shall examine 4 broad topic areas to 
include the strategic environment in and around Afghanistan and 
Pakistan, as well as security, political, and economic and 
reconstruction developments in those 2 countries.</DELETED>
<DELETED>    (b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the entity described in subsection (a) shall 
submit to the President and the Congress a report on the assessment 
conducted under subsection (a), including relevant policy 
recommendations relating thereto.</DELETED>
<DELETED>    (c) Sense of Congress.--It is the sense of Congress that 
the entity described in subsection (a) should be modeled on the Iraq 
Study Group.</DELETED>
<DELETED>    Sec. 8125.  Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the approximately 
$100,000,000,000 in efficiency savings identified by the military 
departments in the defense budget covering fiscal years 2012 through 
2016 that are to be reinvested in the priorities of the military 
departments. Such report shall include an analysis of--</DELETED>
        <DELETED>    (1) each savings identified by the military 
        departments, including--</DELETED>
                <DELETED>    (A) the budget account from which such 
                savings will be derived;</DELETED>
                <DELETED>    (B) the number of military personnel and 
                full-time civilian employees of the Federal Government 
                affected by such savings;</DELETED>
                <DELETED>    (C) the estimated reductions in the number 
                and funding of contractor personnel caused by such 
                savings; and</DELETED>
                <DELETED>    (D) a specific description of activities 
                or services that will be affected by such savings, 
                including the locations of such activities or services; 
                and</DELETED>
        <DELETED>    (2) each reinvestment planned to be funded with 
        such savings, including--</DELETED>
                <DELETED>    (A) with respect to such reinvestment in 
                procurement and research, development, test and 
                evaluation accounts, the budget account to which such 
                savings will be reinvested, including, by line item, 
                the number of items to be procured, as shown in annual 
                P-1 and R-1 documents;</DELETED>
                <DELETED>    (B) with respect to such reinvestment in 
                military personnel and operation and maintenance 
                accounts, the budget account and the subactivity (as 
                shown in annual-1 and O-1 budget documents) to which 
                such savings will be reinvested;</DELETED>
                <DELETED>    (C) the number of military personnel and 
                full-time civilian employees of the Federal Government 
                affected by such reinvestment;</DELETED>
                <DELETED>    (D) the estimated number and funding of 
                contractor personnel affected by such reinvestment; 
                and</DELETED>
                <DELETED>    (E) a specific description of activities 
                or services that will be affected by such reinvestment, 
                including the locations of such activities or 
                services.</DELETED>
<DELETED>    Sec. 8126.  None of the funds made available by this Act 
may be used to enter into a contract, memorandum of understanding, or 
cooperative agreement with, make a grant to, or provide a loan or loan 
guarantee to, any corporation that any unpaid Federal tax liability 
that has been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that is not being paid 
in a timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability.</DELETED>
<DELETED>    Sec. 8127.  None of the funds made available by this Act 
may be used to enter into a contract, memorandum of understanding, or 
cooperative agreement with, make a grant to, or provide a loan or loan 
guarantee to, any corporation that was convicted of a felony criminal 
violation under any Federal law within the preceding 24 
months.</DELETED>

                      <DELETED>TITLE IX</DELETED>

           <DELETED>OVERSEAS CONTINGENCY OPERATIONS</DELETED>

                 <DELETED>MILITARY PERSONNEL</DELETED>

              <DELETED>Military Personnel, Army</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Army'', 
$6,822,635,000:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

              <DELETED>Military Personnel, Navy</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Navy'', 
$919,034,000:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

          <DELETED>Military Personnel, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Marine 
Corps'', $675,360,000:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

            <DELETED>Military Personnel, Air Force</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Air 
Force'', $1,436,353,000:  Provided, That each amount in this paragraph 
is designated as being for the global war on terrorism pursuant to 
section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

               <DELETED>Reserve Personnel, Army</DELETED>

<DELETED>    For an additional amount for ``Reserve Personnel, Army'', 
$207,162,000:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

               <DELETED>Reserve Personnel, Navy</DELETED>

<DELETED>    For an additional amount for ``Reserve Personnel, Navy'', 
$44,530,000:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

           <DELETED>Reserve Personnel, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Reserve Personnel, Marine 
Corps'', $25,421,000:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

            <DELETED>Reserve Personnel, Air Force</DELETED>

<DELETED>    For an additional amount for ``Reserve Personnel, Air 
Force'', $26,815,000:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

           <DELETED>National Guard Personnel, Army</DELETED>

<DELETED>    For an additional amount for ``National Guard Personnel, 
Army'', $646,879,000:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

         <DELETED>National Guard Personnel, Air Force</DELETED>

<DELETED>    For an additional amount for ``National Guard Personnel, 
Air Force'', $9,435,000:  Provided, That each amount in this paragraph 
is designated as being for the global war on terrorism pursuant to 
section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

              <DELETED>OPERATION AND MAINTENANCE</DELETED>

           <DELETED>Operation and Maintenance, Army</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army'', $39,175,755,000:  Provided, That each amount in this paragraph 
is designated as being for the global war on terrorism pursuant to 
section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

           <DELETED>Operation and Maintenance, Navy</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Navy'', $6,749,489,000:  Provided, That each amount in this paragraph 
is designated as being for the global war on terrorism pursuant to 
section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

       <DELETED>Operation and Maintenance, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Marine Corps'', $3,571,210,000:  Provided, That each amount in this 
paragraph is designated as being for the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

        <DELETED>Operation and Maintenance, Air Force</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Air Force'', $10,739,587,000:  Provided, That each amount in this 
paragraph is designated as being for the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

       <DELETED>Operation and Maintenance, Defense-Wide</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Defense-Wide'', $9,312,876,000:  Provided, That each amount in this 
paragraph is designated as being for the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress):  Provided 
further, That of the funds provided under this heading:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Not to exceed $1,750,000,000, to remain 
        available until expended, for payments to reimburse key 
        cooperating nations for logistical, military, and other 
        support, including access provided to United States military 
        operations in support of Operation New Dawn and Operation 
        Enduring Freedom, 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.</DELETED>

       <DELETED>Operation and Maintenance, Army Reserve</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army Reserve'', $217,500,000:  Provided, That each amount in this 
paragraph is designated as being for the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

       <DELETED>Operation and Maintenance, Navy Reserve</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Navy Reserve'', $74,148,000:  Provided, That each amount in this 
paragraph is designated as being for the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

   <DELETED>Operation and Maintenance, Marine Corps Reserve</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Marine Corps Reserve'', $36,084,000:  Provided, That each amount in 
this paragraph is designated as being for the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

    <DELETED>Operation and Maintenance, Air Force Reserve</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Air Force Reserve'', $142,050,000:  Provided, That each amount in this 
paragraph is designated as being for the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

   <DELETED>Operation and Maintenance, Army National Guard</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army National Guard'', $387,544,000:  Provided, That each amount in 
this paragraph is designated as being for the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

    <DELETED>Operation and Maintenance, Air National Guard</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Air National Guard'', $34,050,000:  Provided, That each amount in this 
paragraph is designated as being for the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

    <DELETED>Overseas Contingency Operations Transfer Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    In addition to amounts provided elsewhere in this Act, 
there is appropriated $5,000,000,000 for the ``Overseas Contingency 
Operations Transfer Fund'' for expenses directly relating to overseas 
contingency operations by United States military forces, to be 
available until expended:  Provided, That each amount in this paragraph 
is designated as being for the global war on terrorism pursuant to 
section 301 of H. Con. Res. 34 (112th Congress):  Provided further, 
That of the funds made available in this section, the Secretary of 
Defense may transfer these funds only to military personnel accounts, 
operation and maintenance accounts, procurement accounts, and working 
capital fund accounts:  Provided further, That the funds transferred 
shall be merged with and shall be available for the same purposes and 
for the same time period, as the appropriation to which transferred:  
Provided further, that the Secretary shall notify the congressional 
defense committees 15 days prior to such transfer:  Provided further, 
That the transfer authority provided under this heading is in addition 
to any other transfer authority available to the Department of Defense: 
 Provided further, That upon a 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 and shall be available for the same purposes and for the 
same time period as originally appropriated.</DELETED>

           <DELETED>Afghanistan Infrastructure Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    There is hereby established in the Treasury of the United 
States the ``Afghanistan Infrastructure Fund''. For the ``Afghanistan 
Infrastructure Fund'', $475,000,000, to remain available until 
September 30, 2013:  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 for the 
purpose of the section the ``appropriate committees of Congress'' are 
the Committees on Armed Services, Foreign Relations and Appropriations 
of the Senate and the Committees on Armed Services, Foreign Affairs and 
Appropriations of the House of Representatives:  Provided further, That 
each amount in this paragraph is designated as being for the global war 
on terrorism pursuant to section 301 of H. Con. Res. 34 (112th 
Congress).</DELETED>

          <DELETED>Afghanistan Security Forces Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the ``Afghanistan Security Forces Fund'', 
$12,800,000,000 (reduced by $35,000,000), to remain available until 
September 30, 2013:  Provided, That such funds shall be available to 
the Secretary of Defense, 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 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

           <DELETED>Pakistan Counterinsurgency Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the ``Pakistan Counterinsurgency Fund'', 
$1,100,000,000, to remain available until September 30, 2013:  
Provided, That such funds shall be available to the Secretary of 
Defense, with the concurrence of the Secretary of State, 
notwithstanding any other provision of law, for the purpose of allowing 
the Secretary of Defense, or the Secretary's designee, to provide 
assistance to Pakistan's security forces; including program management 
and the provision of equipment, supplies, services, training, and 
funds; and facility and infrastructure repair, renovation, and 
construction to build the counterinsurgency capability of Pakistan's 
military and Frontier Corps:  Provided further, That the authority to 
provide assistance under this provision is in addition to any other 
authority to provide assistance to foreign nations:  Provided further, 
That the Secretary of Defense may transfer funds provided herein to 
appropriations for operation and maintenance; procurement; research, 
development, test and evaluation; defense working capital funds; and to 
the Department of State, Pakistan Counterinsurgency Capability Fund to 
accomplish the purpose provided herein:  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 funds so transferred shall be merged with and be 
available for the same purposes and for the same time period as the 
appropriation or fund to which transferred:  Provided further, That the 
Secretary of Defense shall, not fewer than 15 days prior to making 
transfers from this appropriation account, notify the Committees on 
Appropriations in writing of the details of any such transfer:  
Provided further, That each amount in this paragraph is designated as 
being for the global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress).</DELETED>

                     <DELETED>PROCUREMENT</DELETED>

             <DELETED>Aircraft Procurement, Army</DELETED>

<DELETED>    For an additional amount for ``Aircraft Procurement, 
Army'', $387,900,000, to remain available until September 30, 2014:  
Provided, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

              <DELETED>Missile Procurement, Army</DELETED>

<DELETED>    For an additional amount for ``Missile Procurement, 
Army'', $118,412,000, to remain available until September 30, 2014:  
Provided, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

     <DELETED>Procurement of Weapons and Tracked Combat Vehicles, 
                             Army</DELETED>

<DELETED>    For an additional amount for ``Procurement of Weapons and 
Tracked Combat Vehicles, Army'', $37,117,000, to remain available until 
September 30, 2014:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

           <DELETED>Procurement of Ammunition, Army</DELETED>

<DELETED>    For an additional amount for ``Procurement of Ammunition, 
Army'', $208,381,000, to remain available until September 30, 2014:  
Provided, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

               <DELETED>Other Procurement, Army</DELETED>

<DELETED>    For an additional amount for ``Other Procurement, Army'', 
$1,398,195,000, to remain available until September 30, 2014:  
Provided, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

             <DELETED>Aircraft Procurement, Navy</DELETED>

<DELETED>    For an additional amount for ``Aircraft Procurement, 
Navy'', $492,060,000, to remain available until September 30, 2014:  
Provided, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

              <DELETED>Weapons Procurement, Navy</DELETED>

<DELETED>    For an additional amount for ``Weapons Procurement, 
Navy'', $41,070,000, to remain available until September 30, 2014:  
Provided, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

  <DELETED>Procurement of Ammunition, Navy and Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Procurement of Ammunition, 
Navy and Marine Corps'', $317,100,000, to remain available until 
September 30, 2014:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

               <DELETED>Other Procurement, Navy</DELETED>

<DELETED>    For an additional amount for ``Other Procurement, Navy'', 
$249,514,000, to remain available until September 30, 2014:  Provided, 
That each amount in this paragraph is designated as being for the 
global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

              <DELETED>Procurement, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Procurement, Marine 
Corps'', $1,183,996,000, to remain available until September 30, 2014:  
Provided, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

           <DELETED>Aircraft Procurement, Air Force</DELETED>

<DELETED>    For an additional amount for ``Aircraft Procurement, Air 
Force'', $440,265,000, to remain available until September 30, 2014:  
Provided, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

           <DELETED>Missile Procurement, Air Force</DELETED>

<DELETED>    For an additional amount for ``Missile Procurement, Air 
Force'', $46,920,000, to remain available until September 30, 2014:  
Provided, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

        <DELETED>Procurement of Ammunition, Air Force</DELETED>

<DELETED>    For an additional amount for ``Procurement of Ammunition, 
Air Force'', $139,510,000, to remain available until September 30, 
2014:  Provided, That each amount in this paragraph is designated as 
being for the global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress).</DELETED>

            <DELETED>Other Procurement, Air Force</DELETED>

<DELETED>    For an additional amount for ``Other Procurement, Air 
Force'', $3,213,010,000, to remain available until September 30, 2014:  
Provided, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

              <DELETED>Procurement, Defense-Wide</DELETED>

<DELETED>    For an additional amount for ``Procurement, Defense-
Wide'', $406,668,000, to remain available until September 30, 2014:  
Provided, That each amount in this paragraph is designated as being for 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

        <DELETED>National Guard and Reserve Equipment</DELETED>

<DELETED>    For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons and other procurement for the 
reserve components of the Armed Forces, $1,500,000,000, to remain 
available for obligation until September 30, 2014, of which 
$490,000,000 shall be available only for the Army National Guard:  
Provided, That the Chiefs of National Guard and Reserve 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 the global war on terrorism 
pursuant to section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

    <DELETED>Mine Resistant Ambush Protected Vehicle Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For the Mine Resistant Ambush Protected Vehicle Fund, 
$3,195,170,000, 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, 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 funds transferred shall 
be merged with and be available for the same purposes and the same time 
period as the appropriation to which transferred:  Provided further, 
That this transfer authority is in 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 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

     <DELETED>RESEARCH, DEVELOPMENT, TEST, AND EVALUATION</DELETED>

  <DELETED>Research, Development, Test and Evaluation, Army</DELETED>

<DELETED>    For an additional amount for ``Research, Development, Test 
and Evaluation, Army'', $8,513,000, to remain available until September 
30, 2013:  Provided, That each amount in this paragraph is designated 
as being for the global war on terrorism pursuant to section 301 of H. 
Con. Res. 34 (112th Congress).</DELETED>

  <DELETED>Research, Development, Test and Evaluation, Navy</DELETED>

<DELETED>    For an additional amount for ``Research, Development, Test 
and Evaluation, Navy'', $53,884,000, to remain available until 
September 30, 2013:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

       <DELETED>Research, Development, Test and Evaluation, Air 
                            Force</DELETED>

<DELETED>    For an additional amount for ``Research, Development, Test 
and Evaluation, Air Force'', $182,000,000, to remain available until 
September 30, 2013:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

     <DELETED>Research, Development, Test and Evaluation, Defense-
                             Wide</DELETED>

<DELETED>    For an additional amount for ``Research, Development, Test 
and Evaluation, Defense-Wide'', $192,361,000, to remain available until 
September 30, 2013:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

           <DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>

            <DELETED>Defense Working Capital Funds</DELETED>

<DELETED>    For an additional amount for ``Defense Working Capital 
Funds'', $435,013,000:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

        <DELETED>OTHER DEPARTMENT OF DEFENSE PROGRAMS</DELETED>

               <DELETED>Defense Health Program</DELETED>

<DELETED>    For an additional amount for ``Defense Health Program'', 
$1,228,288,000 (increased by $20,000,000), which shall be for operation 
and maintenance:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

    <DELETED>Drug Interdiction and Counter-Drug Activities</DELETED>

<DELETED>    For an additional amount for ``Drug Interdiction and 
Counter-Drug Activities'', $469,458,000, to remain available until 
September 30, 2013:  Provided, That each amount in this paragraph is 
designated as being for the global war on terrorism pursuant to section 
301 of H. Con. Res. 34 (112th Congress).</DELETED>

    <DELETED>Joint Improvised Explosive Device Defeat Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For an additional amount for ``Joint Improvised Explosive 
Device Defeat Fund'', $2,577,500,000, to remain available until 
September 30, 2014:  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 
the global war on terrorism pursuant to section 301 of H. Con. Res. 34 
(112th Congress).</DELETED>

           <DELETED>Office of the Inspector General</DELETED>

<DELETED>    For an additional amount for the ``Office of the Inspector 
General'', $11,055,000:  Provided, That each amount in this paragraph 
is designated as being for the global war on terrorism pursuant to 
section 301 of H. Con. Res. 34 (112th Congress).</DELETED>

           <DELETED>GENERAL PROVISIONS--THIS TITLE</DELETED>

<DELETED>    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 2012.</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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 $3,000,000,000 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, 2012.</DELETED>
<DELETED>    Sec. 9003.  Supervision and administration costs 
associated with a construction project funded with appropriations 
available for operation and maintenance, ``Afghanistan Infrastructure 
Fund'' or the ``Afghanistan Security Forces Fund'' provided in this Act 
and executed in direct support of overseas contingency operations in 
Afghanistan, may be obligated at the time a construction contract is 
awarded:  Provided, That for the purpose of this section, supervision 
and administration costs include all in-house Government 
costs.</DELETED>
<DELETED>    Sec. 9004.  From funds made available in this title, the 
Secretary of Defense may purchase for use by military and civilian 
employees of the Department of Defense in the U. S. Central Command 
area of responsibility: (a) passenger motor vehicles up to a limit of 
$75,000 per vehicle and (b) heavy and light armored vehicles for the 
physical 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.</DELETED>
<DELETED>    Sec. 9005.  Not to exceed $400,000,000 of the amount 
appropriated in this title under the heading ``Operation and 
Maintenance, Army'' may be used, notwithstanding any other provision of 
law, to fund the Commander's Emergency Response Program (CERP), for the 
purpose of enabling military commanders in Afghanistan to respond to 
urgent, small scale, humanitarian relief and reconstruction 
requirements within their areas of responsibility:  Provided, That each 
project (including any ancillary or related 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 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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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:</DELETED>
        <DELETED>    (1) To establish any military installation or base 
        for the purpose of providing for the permanent stationing of 
        United States Armed Forces in Iraq.</DELETED>
        <DELETED>    (2) To exercise United States control over any oil 
        resource of Iraq.</DELETED>
        <DELETED>    (3) To establish any military installation or base 
        for the purpose of providing for the permanent stationing of 
        United States Armed Forces in Afghanistan.</DELETED>
<DELETED>    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):</DELETED>
        <DELETED>    (1) Section 2340A of title 18, United States 
        Code.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    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 
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.</DELETED>
<DELETED>    (b) The report required by this subsection shall include 
the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) An estimated total cost to train and equip the 
        Afghanistan and Pakistan security forces, disaggregated by 
        major program and sub-elements by force, arrayed by fiscal 
        year.</DELETED>
<DELETED>    Sec. 9010. (a) Funding for Outreach and Reintegration 
Services Under Yellow Ribbon Reintegration Program.--Of the amounts 
appropriated or otherwise made available by title IX, up to $20,000,000 
may be available for outreach and reintegration services under the 
Yellow Ribbon Reintegration Program under section 582(h) of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 125; 10 U.S.C. 10101 note).</DELETED>
<DELETED>    (b) Supplement Not Supplant.--The amount made available by 
subsection (a) for the services described in that subsection is in 
addition to any other amounts available in this Act for such 
services.</DELETED>
<DELETED>    Sec. 9011.  Funds made available in this title to the 
Department of Defense for operation and maintenance may be used to 
purchase items having an investment unit cost of not more than 
$250,000:  Provided, That, upon 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.</DELETED>
<DELETED>    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 2012 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    Sec. 9013.  From funds made available in this title to the 
Department of Defense for operation and maintenance, up to $524,000,000 
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 ten 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.</DELETED>
<DELETED>    Sec. 9014. (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).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) for each fiscal year quarter beginning on the 
        date of the report and ending on September 30, 2012--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    Sec. 9015.  Of the amounts appropriated or transferred to 
the Pakistan Counterinsurgency Fund (hereafter in this subsection 
referred to as the `Fund') for any fiscal year after fiscal year 2011--
</DELETED>
        <DELETED>    (1) not more than 25 percent of such amounts may 
        be obligated or expended until such time as the Secretary of 
        Defense, with the concurrence of the Secretary of State--
        </DELETED>
                <DELETED>    (A) submits to the appropriate 
                congressional committees a report on the strategy to 
                utilize the Fund and the metrics used to determine 
                progress with respect to the Fund; and</DELETED>
                <DELETED>    (B) notifies the appropriate congressional 
                committees of the intent of the Secretary to obligate 
                or expend amounts that are in excess of such 25 percent 
                and a period of 30 days has elapsed following such 
                notification.</DELETED>
        <DELETED>    (2) Notwithstanding any other provision of law, 
        none of the amounts described in the matter preceding paragraph 
        (1) shall be available for reprogramming.</DELETED>
        <DELETED>    (3) Such report shall include, at a minimum, the 
        following:</DELETED>
                <DELETED>    (A) A discussion of United States 
                strategic objectives in Pakistan.</DELETED>
                <DELETED>    (B) A listing of the terrorist or 
                extremist organizations in Pakistan opposing United 
                States goals in the region and against which the United 
                States encourages Pakistan to take action.</DELETED>
                <DELETED>    (C) A discussion of the gaps in 
                capabilities of Pakistani security units that hamper 
                the ability of the Government of Pakistan to take 
                action against the organizations listed in subparagraph 
                (B).</DELETED>
                <DELETED>    (D) A discussion of how assistance 
                provided utilizing the Fund will address the gaps in 
                capabilities listed in subparagraph (C).</DELETED>
                <DELETED>    (E) A discussion of other efforts 
                undertaken by other United States Government 
                departments and agencies to address the gaps in 
                capabilities listed in subparagraph (C) or 
                complementary activities of the Department of Defense 
                and how those efforts are coordinated with the 
                activities undertaken to utilize the Fund.</DELETED>
                <DELETED>    (F) Metrics that will be used to track 
                progress in achieving the United States strategic 
                objectives in Pakistan, to track progress of the 
                Government of Pakistan in combating the organizations 
                listed in subparagraph (B), and to address the gaps in 
                capabilities listed in subparagraph (C).</DELETED>
<DELETED>    Sec. 9016. (a) Not to exceed $176,575,000 from amounts 
made available to the Department of Defense in this Act or any other 
Act for fiscal year 2012 may be obligated for information operations or 
military information support operations:  Provided, That such amount is 
to be derived from the amounts provided in title IX of this Act for the 
following accounts in this title as follows:</DELETED>
        <DELETED>    ``Operations and Maintenance, Army'', 
        $104,675,000.</DELETED>
        <DELETED>    ``Operations and Maintenance, Navy'', 
        $1,200,000.</DELETED>
        <DELETED>    ``Operations and Maintenance, Air Force'', 
        $20,400,000.</DELETED>
        <DELETED>    ``Operations and Maintenance, Defense Wide'', 
        $50,300,000.</DELETED>
<DELETED>    (b) Such amounts are to be allocated only in accordance 
with the direction and for the purposes specified in the classified 
annex accompanying this Act.</DELETED>

                    <DELETED>(rescissions)</DELETED>

<DELETED>    Sec. 9017.  Of the funds appropriated in Department of 
Defense Appropriations Acts, the following funds are hereby rescinded 
from the following account in the specified amount:</DELETED>
<DELETED>    ``Mine Resistant Ambush Protection Vehicle Fund'', 2011/
2013, $595,000,000.</DELETED>

       <DELETED>TITLE X--ADDITIONAL GENERAL PROVISIONS</DELETED>

             <DELETED>spending reduction account</DELETED>

<DELETED>    Sec. 10001. The amount by which the applicable allocation 
of new budget authority made by the Committee on Appropriations of the 
House of Representatives under section 302(b) of the Congressional 
Budget Act of 1974 exceeds the amount of proposed new budget authority 
is $0.</DELETED>
<DELETED>    Sec. 10002.  The total amount of appropriations made 
available by this Act is hereby reduced by $124,800,000.</DELETED>
<DELETED>    Sec. 10003.  None of the funds made available by this Act 
may be used by the Department of Defense to furnish military equipment, 
military training or advice, or other support for military activities, 
to any group or individual, not part of a country's armed forces, for 
the purpose of assisting that group or individual in carrying out 
military activities in or against Libya.</DELETED>
<DELETED>    Sec. 10004.  None of the funds made available by this Act 
may be used in contravention of section 2533a of title 10, United 
States Code (popularly known as the ``Berry Amendment'').</DELETED>
<DELETED>    Sec. 10005.  None of the funds made available by this Act 
may be used to enter into a contract, memorandum of understanding, or 
cooperative agreement with, or provide a loan or loan guarantee to, any 
United States commercial air carrier if that contract, memorandum of 
understanding, cooperative agreement, loan, or loan guarantee allows 
the air carrier to charge baggage fees to any member of the Armed 
Forces who is traveling on official military orders and is being 
deployed overseas or is returning from an overseas 
deployment.</DELETED>
<DELETED>    Sec. 10006.  None of the funds made available by this Act 
may be used in contravention of section 1590 or 1591 of title 18, 
United States Code, or in contravention of the requirements of section 
106(g) or (h) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7104(g) or (h)).</DELETED>
<DELETED>    Sec. 10007.  None of the funds in this Act may be used to 
procure air transportation from a commercial air carrier for a member 
of the Armed Forces who is traveling under orders to deploy to or 
return from an overseas contingency operation under terms that allow 
the carrier to charge the member fees for checked baggage other than 
for bags weighing more than 80 pounds or bags in excess of 4 per 
individual.</DELETED>
<DELETED>    Sec. 10008.  None of the funds made available by this Act 
may be used by the Department of Defense to lease or purchase new light 
duty vehicles, for any executive fleet, or for an agency's fleet 
inventory, except in accordance with Presidential Memorandum-Federal 
Fleet Performance, dated May 24, 2011.</DELETED>
<DELETED>    Sec. 10009.  None of the funds made available by this Act 
may be used to reduce the number of B-1 aircraft of the Armed 
Forces.</DELETED>
<DELETED>    Sec. 10010.  None of the funds made available by this Act 
may be obligated or expended for assistance to the following 
entities:</DELETED>
        <DELETED>    (1) The Government of Iran.</DELETED>
        <DELETED>    (2) Hamas.</DELETED>
        <DELETED>    (3) Hizbullah.</DELETED>
        <DELETED>    (4) The Muslim Brotherhood.</DELETED>
<DELETED>    Sec. 10011.  None of the funds made available by this Act 
may be used to enforce section 526 of the Energy Independence and 
Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17142).</DELETED>
<DELETED>    Sec. 10012.  None of the funds made available by this Act 
for international military education and training, foreign military 
financing, excess defense articles, assistance under section 1206 of 
the National Defense Authorization Act for Fiscal Year 2006 (Public Law 
109-163; 119 Stat. 3456), issuance for direct commercial sales of 
military equipment, or peacekeeping operations for the countries of 
Chad, Yemen, Somalia, Sudan, Democratic Republic of the Congo, and 
Burma may be used to support any military training or operations that 
include child soldiers, as defined by the Child Soldiers Prevention Act 
of 2008, and except if such assistance is otherwise permitted under 
section 404 of the Child Soldiers Prevention Act of 2008 (Public Law 
110-457; 22 U.S.C. 2370c-1).</DELETED>
<DELETED>    Sec. 10013.  None of the funds made available by this Act 
may be used in contravention of section 7 of title 1, United States 
Code (the Defense of Marriage Act).</DELETED>
<DELETED>    Sec. 10014.  None of the funds made available by this Act 
may be used in contravention of the War Powers Resolution (50 U.S.C. 
1541 et seq.).</DELETED>
<DELETED>    Sec. 10015.  None of the funds made available by this Act 
may be used to implement any rule, regulation, or executive order 
regarding the disclosure of political contributions that takes effect 
on or after the date of enactment of this Act.</DELETED>
<DELETED>    Sec. 10016.  None of the funds made available in this Act 
may be used to enforce section 376 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163).</DELETED>
<DELETED>    Sec. 10017.  None of the funds made available by this Act 
may be used for--</DELETED>
        <DELETED>    (1) deploying members of the Armed Forces on to 
        the ground of Libya for the purposes of engaging in military 
        operations unless the purpose of such deployment is limited 
        solely to rescuing members of the United States Armed 
        Forces;</DELETED>
        <DELETED>    (2) awarding a contract to a private security 
        contractor to conduct any activity on the ground of Libya; 
        or</DELETED>
        <DELETED>    (3) otherwise establishing or maintaining any 
        presence of members of the Armed Forces or private security 
        contractors on the ground of Libya unless the purpose of such 
        deployment is limited solely to rescuing members of the United 
        States Armed Forces.</DELETED>
<DELETED>    Sec. 10018.  None of the funds made available by this Act 
may be used to research, develop, manufacture, or procure a newly 
designed flight suit or integrated aircrew ensemble.</DELETED>
<DELETED>    Sec. 10019.  None of the funds made available by this Act 
may be used to enter into a contract that allows the contractor to use 
amounts paid to the contractor under such contract to pay a tax to the 
Afghan Ministry of Finance.</DELETED>
<DELETED>    Sec. 10020.  None of the funds made available by this Act 
may be used to implement the curriculum of the Chaplain Corps Tier 1 
DADT repeal training dated April 11, 2011.</DELETED>
<DELETED>     This Act may be cited as the ``Department of Defense 
Appropriations Act, 2012''.</DELETED>
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, 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, $43,291,009,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the 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, $26,801,134,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $13,653,366,000.

                     Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of 
the Reserve Officers' Training Corps; and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, $28,038,108,000.

                        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, $4,280,507,000.

                        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, $1,933,544,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while 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, 
$643,422,000.

                      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, $1,709,695,000.

                     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, 
$7,562,645,000.

                  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, 
$3,087,129,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $12,478,000 can be used for 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, $29,813,840,000.

                    Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $15,055,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$38,176,209,000.

                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, 
$5,545,437,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as 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, $35,252,873,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$30,450,742,000:  Provided, That not more than $47,026,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code:  Provided further, That not to 
exceed $40,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of Defense, and payments may be made on his certificate of necessity 
for confidential military purposes:  Provided further, That of the 
funds provided under this heading, not less than $34,311,000 shall be 
made available for the Procurement Technical Assistance Cooperative 
Agreement Program, of which not less than $3,600,000 shall be available 
for centers defined in 10 U.S.C. 2411(1)(D):  Provided further, That 
none of the funds appropriated or otherwise made available by this Act 
may be used to plan or implement the 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 
$8,420,000, to remain available until expended, is available only for 
expenses relating to certain classified activities, and may be 
transferred as necessary by the Secretary of Defense to operation and 
maintenance appropriations or research, development, test and 
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, $3,092,176,000.

                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, $1,305,134,000.

            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, $271,443,000.

              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, $3,274,359,000.

             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), $6,949,932,000.

             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, $6,094,780,000.

          United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $13,861,000, of which not to exceed 
$5,000 may be used for official representation purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

    For the Department of the Army, $346,031,000, 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, $308,668,000, 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, $525,453,000, to remain 
available until transferred:  Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, 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, $10,716,000, 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, $326,495,000, 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), $107,662,000, to remain available until 
September 30, 2013.

                  Cooperative Threat Reduction Account

    For assistance to the republics of the former Soviet Union and, 
with appropriate authorization by the 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, $508,219,000, to remain available until September 30, 2014:  
Provided, That of the amounts provided under this heading, not less 
than $13,500,000 shall be available only to support the dismantling and 
disposal of nuclear 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, $175,501,000.

                               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, $5,410,334,000, to remain available for obligation until 
September 30, 2014.

                       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, $1,461,223,000, to remain available for obligation until 
September 30, 2014.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and 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, 
$1,964,061,000, to remain available for obligation until September 30, 
2014.

                    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, $1,876,724,000, to remain available for 
obligation until September 30, 2014.

                        Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests 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, 
$6,511,961,000, to remain available for obligation until September 30, 
2014.

                       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, $17,591,566,000, to remain available for obligation 
until September 30, 2014.

                       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, $3,281,432,000, to remain available 
for obligation until September 30, 2014.

            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, $689,751,000, to remain available for 
obligation until September 30, 2014.

                   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 (AP), $554,798,000;
            Virginia Class Submarine, $3,232,215,000;
            Virginia Class Submarine (AP), $1,524,761,000;
            CVN Refuelings (AP), $529,652,000;
            DDG-1000 Program, $453,727,000;
            DDG-51 Destroyer, $1,980,709,000;
            DDG-51 Destroyer (AP), $100,723,000;
            Littoral Combat Ship, $1,802,093,000;
            LPD-17, $1,847,444,000;
            LHA-R, $2,018,691,000;
            Joint High Speed Vessel, $370,206,000;
            Oceanographic Ships, $89,000,000;
            Moored Training Ship, $155,200,000;
            LCAC Service Life Extension Program, $84,076,000;
            Service Craft, $3,863,000; and
            For outfitting, post delivery, conversions, and first 
        destination transportation, $292,871,000.
            Completion of Prior Year Shipbuilding Programs, 
        $73,992,000.
    In all: $15,114,021,000, to remain available for obligation until 
September 30, 2016:  Provided, That additional obligations may be 
incurred after September 30, 2016, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction:  Provided further, That none of the 
funds provided under this heading for the 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

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except 
ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of passenger motor vehicles for replacement 
only; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
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, $6,135,465,000, to 
remain available for obligation until September 30, 2014.

                       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, $1,377,570,000, to remain available for obligation 
until September 30, 2014.

                    Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training 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, $12,174,885,000, to remain available for 
obligation until September 30, 2014.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, 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, 
$5,924,017,000, to remain available for obligation until September 30, 
2014.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; 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, $485,005,000, to remain available for 
obligation until September 30, 2014.

                      Other Procurement, Air Force

    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; 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, $17,376,695,000, to remain 
available for obligation until September 30, 2014.

                       Procurement, Defense-Wide

    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, $4,573,608,000, to remain available for obligation until 
September 30, 2014.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $169,964,000, to remain available 
until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$8,311,011,000, to remain available for obligation until September 30, 
2013.

            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, 
$17,406,689,000, to remain available for obligation until September 30, 
2013:  Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique 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, 
$26,007,694,000, to remain available for obligation until September 30, 
2013.

        Research, Development, Test and Evaluation, Defense-Wide

                     (including transfer of funds)

    For expenses of activities and agencies of the 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, $19,117,270,000, to remain 
available for obligation until September 30, 2013:  Provided, That of 
the funds made available in this paragraph, $200,000,000 for the 
Defense Rapid Innovation Program shall only be available for expenses, 
not otherwise provided for, to include program management and 
oversight, to conduct research, development, test and evaluation to 
include proof of concept demonstration; engineering, testing, and 
validation; and transition to full-scale production:  Provided further, 
That the Secretary of Defense may transfer funds provided herein for 
the Defense Rapid Innovation Program to appropriations for research, 
development, test and evaluation to accomplish the purpose provided 
herein:  Provided further, That this transfer authority is in addition 
to any other transfer authority available to the Department of Defense: 
 Provided further, That the Secretary of Defense shall, not fewer than 
30 days prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and 
Evaluation, in the direction and supervision of operational test and 
evaluation, including initial 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, $191,292,000, to remain available for obligation 
until September 30, 2013.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For the Defense Working Capital Funds, $1,562,010,000.

                     National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense 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, $700,519,000, to remain available until 
expended:  Provided, That none of the funds provided in this paragraph 
shall be used to award a new contract that provides for the acquisition 
of any of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including 
pumps, for all shipboard services; propulsion system components 
(engines, reduction gears, and 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, 
$32,536,070,000; of which $30,885,846,000 shall be for operation and 
maintenance, of which not to exceed 1 percent shall remain available 
until September 30, 2013, and of which up to $16,842,141,000 may be 
available for contracts entered into under the TRICARE program; of 
which $632,518,000, to remain available for obligation until September 
30, 2014, shall be for procurement; and of which $1,017,706,000, to 
remain available for obligation until September 30, 2013, shall be for 
research, development, test and evaluation.

           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, $1,554,422,000, of which $1,147,691,000 shall be for 
operation and maintenance, of which no less than $71,211,000, shall be 
for the Chemical Stockpile Emergency Preparedness Program, consisting 
of $19,211,000 for activities on military installations and 
$52,000,000, to remain available until September 30, 2013, to assist 
State and local governments and $406,731,000, to remain available until 
September 30, 2013, shall be for research, development, test and 
evaluation, of which $401,768,000 shall only be for the Assembled 
Chemical Weapons Alternatives (ACWA) 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, $1,205,072,000:  Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which transferred:  Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer 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, $332,919,000, of which $327,419,000 shall be for operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; of which $1,000,000, to remain available until September 30, 
2014, shall be for procurement; and of which $4,500,000, to remain 
available until September 30, 2013, shall be for research, development, 
testing, and evaluation.

                               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, $513,700,000.

               Intelligence Community Management Account

    For necessary expenses of the Intelligence Community Management 
Account, $593,713,000.

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001.  No part of any appropriation contained in this Act 
shall be used for publicity or propaganda 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 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 
$3,000,000,000 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, 2012:  Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section.
    Sec. 8006. (a) With regard to the list of specific 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 2012:  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:
     UH-60M/HH-60M and MH-60R/MH-60S Helicopter Airframes; and MH-60R/S 
Mission Avionics and Common Cockpits.
    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 2012, 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 2013 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2013 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2013.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8013.  None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to 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.

                          (transfer of funds)

    Sec. 8015.  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.
    Sec. 8016.  None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are 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. 8017.  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. 8018.  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. 8019.  In addition to the funds provided elsewhere in this 
Act, $15,000,000 is appropriated only for incentive payments authorized 
by section 504 of the Indian 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. 8020.  Funds appropriated by this Act for the Defense Media 
Activity shall not be used for any national or international political 
or psychological activities.
    Sec. 8021.  During the current fiscal year, the 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. 8022. (a) Of the funds made available in this Act, not less 
than $37,745,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $27,838,000 shall be available from ``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) $8,990,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $917,000 shall be available from ``Other Procurement, 
        Air Force'' for vehicle procurement.
    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8023. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
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 2012 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2012, not more than 
5,750 staff years of technical effort (staff years) may be funded for 
defense FFRDCs:  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 2013 budget request, submit a report 
presenting the specific amounts of staff years of technical effort to 
be allocated for each defense FFRDC during that fiscal year and the 
associated budget estimates.
    (f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced by 
$150,245,000.
    Sec. 8024.  None of the funds appropriated or made available in 
this Act shall be used to procure carbon, alloy or armor steel plate 
for use in any Government-owned 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. 8025.  For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
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. 8026.  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. 8027. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a foreign 
country which is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against certain 
types of products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy 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 2012. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade Agreement Act 
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to 
which the United States is a party.
    (c) For purposes of this section, the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.
    Sec. 8028.  During the current fiscal year, amounts contained in 
the Department of Defense Overseas Military Facility Investment 
Recovery Account established by 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. 8029. (a) Notwithstanding any other provision of law, the 
Secretary of the Air Force may convey at no cost to the Air Force, 
without consideration, to Indian tribes located in the States of 
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, 
and 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. 8030.  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. 8031. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of 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 2013 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2013 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 2013 procurement appropriation and not in the supply 
management business area or any other area or category of the 
Department of Defense Working Capital Funds.
    Sec. 8032.  None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 2013:  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, 2013.
    Sec. 8033.  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. 8034.  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. 8035. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, 
in expending the funds, complies with the Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means 
chapter 83 of title 41, United States Code.
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in 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. 8036.  None of the funds appropriated by this Act shall be 
available for a contract for studies, analysis, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the 
procurement determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work;
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant 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. 8037. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty 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. 8038. (a) None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the 
enactment of this Act, is 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.

                             (rescissions)

    Sec. 8039.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
            ``Aircraft Procurement, Army, 2010/2012'', $5,100,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
        2010/2012'', $4,353,000;
            ``Procurement of Ammunition, Army, 2010/2012'', 
        $21,674,000;
            ``Other Procurement, Army, 2010/2012'', $58,647,000;
            ``Weapons Procurement, Navy, 2010/2012'', $8,500,000;
            ``Aircraft Procurement, Air Force, 2010/2012'', 
        $32,897,000;
            ``Missile Procurement, Air Force, 2010/2012'', $3,889,000;
            ``Other Procurement, Air Force, 2010/2012'', $12,200,000;
            ``Procurement, Defense-Wide, 2010/2012'', $716,000;
            ``Aircraft Procurement, Army, 2011/2013'', $21,500,000;
            ``Missile Procurement, Army, 2011/2013'', $99,800,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
        2011/2013'', $18,834,000;
            ``Procurement of Ammunition, Army, 2011/2013'', 
        $15,000,000;
            ``Other Procurement, Army, 2011/2013'', $444,171,000;
            ``Aircraft Procurement, Navy, 2011/2013'', $53,144,000;
            ``Weapons Procurement, Navy, 2011/2013'', $12,849,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 2011/
        2013'', $28,262,000;
            ``Other Procurement, Navy, 2011/2013'', $59,598,000;
            ``Aircraft Procurement, Air Force, 2011/2013'', 
        $223,213,000;
            ``Missile Procurement, Air Force, 2011/2013'', 
        $192,774,000;
            ``Other Procurement, Air Force, 2011/2013'', $52,868,000;
            ``Procurement, Defense-Wide, 2011/2013'', $4,312,000;
            ``Research, Development, Test and Evaluation, Army, 2011/
        2012'', $358,625,000;
            ``Research, Development, Test and Evaluation, Navy, 2011/
        2012'', $43,516,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2011/2012'', $273,994,000;
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        2011/2012'', $254,284,000;
            ``Defense Health Program, 2011/2012'', $257,000.
    Sec. 8040.  None of the funds available in this Act may be used to 
reduce the authorized positions for military technicians (dual status) 
of the Army National Guard, Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military 
technicians (dual status), unless such reductions are a direct result 
of a reduction in military force structure.
    Sec. 8041.  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. 8042.  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. 8043.  During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 2003, level:  Provided, That the Service 
Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population is 
declining in some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and capitation-
based budgeting.
    Sec. 8044. (a) None of the funds available to the Department of 
Defense for any fiscal year for drug 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. 8045.  None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin:  Provided, That 
the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
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. 8046.  None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, 
unless the Secretary of Defense 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. 8047.  None of the funds made available in this or any other 
Act may be used to pay the salary of any officer or employee of the 
Department of Defense who 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. 8048. (a) Notwithstanding any other provision of law, none of 
the funds available to the Department of Defense for the current fiscal 
year may be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense 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. 8049.  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. 8050.  During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' may be transferred to 
appropriations available for the pay of military personnel, to be 
merged with, and to be available for the same time period as the 
appropriations to which transferred, to be used in support of such 
personnel in 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. 8051.  During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has 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. 8052. (a) Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau may permit the use of equipment of 
the National Guard Distance 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. 8053.  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. 8054.  None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements:  
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use:  Provided further, That this 
restriction does not apply to programs funded within the National 
Intelligence Program:  Provided further, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that it is in the national security 
interest to do so.
    Sec. 8055.  None of the funds made available in this Act may be 
used to approve or license the sale of the F-22A advanced tactical 
fighter to any foreign government:  Provided, That the Department of 
Defense may conduct or participate in studies, research, design and 
other 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. 8056. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if 
the Secretary determines that the application of the limitation with 
respect to that country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign country, or 
would invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, United 
States Code, and the country does not discriminate against the same or 
similar defense items produced in the United States for that 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. 8057. (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. 8058. (a) Prohibition on Conversion of Functions Performed by 
Federal Employees to Contractor Performance.--None of the funds 
appropriated or otherwise made available by this Act, or that remain 
available for obligation for the Department of Defense under any prior 
appropriations act, may be used to begin or 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. 8059.  Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, 
Test and Evaluation, Defense-Wide'' for any new start advanced concept 
technology demonstration project or joint capability demonstration 
project may only be obligated 45 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. 8060.  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. 8061.  During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide support 
to another department or agency of the United States if such department 
or agency is more than 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis:  Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable 
basis, and is providing the requested support pursuant to such 
authority:  Provided further, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of Representatives and 
the Senate that it is in the national security interest to do so.
    Sec. 8062.  Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of title 32, United 
States Code, may perform duties in support of the ground-based elements 
of the National Ballistic Missile Defense System.
    Sec. 8063.  None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the 
Department of Defense that has a center-fire cartridge and a United 
States military 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. 8064.  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. 8065.  None of the funds appropriated by this Act shall be 
used for the support of any nonappropriated funds activity of the 
Department of Defense that procures malt beverages and wine with 
nonappropriated funds for resale (including such alcoholic beverages 
sold by the drink) on a military installation located in the United 
States unless such malt beverages and wine are procured within that 
State, or in the case of the District of Columbia, within the District 
of Columbia, in which the military installation is located:  Provided, 
That in a case in which the military installation is located in more 
than one State, purchases may be made in any State in which the 
installation is 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.

                     (including transfer of funds)

    Sec. 8066.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Army'', $124,493,000 shall remain 
available until expended:  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. 8067.  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 2012.
    Sec. 8068. (a) In General.--Subchapter I of chapter 88 of title 10, 
United States Code, is amended by adding the following new section at 
its end--
``Sec. 1790. MILITARY PERSONNEL CITIZENSHIP PROCESSING.
    ``Authorization of Payments.--Using funds provided for operations 
and maintenance and notwithstanding section 2215 of title 10, United 
States Code, the Secretary of Defense may reimburse the Secretary of 
Homeland Security for costs associated with the processing and 
adjudication by the United States Citizenship and Immigration Services 
(USCIS) of applications for naturalization described in sections 
328(b)(4) and 329(b)(4) of the Immigration and Nationality Act (8 
U.S.C. Sec. Sec.  1439(b)(4) and 1440(b)(4)). Such reimbursements shall 
be deposited and remain available as provided by sections 286(m) and 
(n) of such Act (8 U.S.C. Sec.  1356(m). Such reimbursements shall be 
based on actual costs incurred by USCIS for processing applications for 
naturalization, and shall not exceed $7,500,000 per fiscal year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter I of chapter 88 of title 10, United States Code, is amended 
by inserting after the item relating to section 1789 the following new 
item:

``1790. Military personnel citizenship processing.''.

                     (including transfer of funds)

    Sec. 8069.  Of the amounts appropriated in this Act under the 
heading ``Research, Development, Test and Evaluation, Defense-Wide'', 
$235,700,000 shall be for the Israeli Cooperative Programs:  Provided, 
That of this amount, $110,525,000 shall be for the Short Range 
Ballistic Missile Defense (SRBMD) program, including cruise missile 
defense research and development under the SRBMD program, of which 
$15,000,000 shall be for production activities of SRBMD missiles in the 
United States and in Israel to meet Israel's defense requirements 
consistent with each nation's laws, regulations, and procedures, 
$66,220,000 shall be available for an upper-tier component to the 
Israeli Missile Defense Architecture, and $58,955,000 shall be for the 
Arrow System Improvement Program including development of a long range, 
ground and airborne, detection suite:  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. 8070. (a) None of the funds available to the Department of 
Defense may be obligated to modify command and control relationships to 
give Fleet Forces Command operational and administrative control of 
U.S. Navy forces assigned to the Pacific fleet.
    (b) None of the funds available to the Department of Defense may be 
obligated to modify command and control relationships to give United 
States Transportation Command operational and administrative control of 
C-130 and KC-135 forces assigned to the Pacific and European Air Force 
Commands.
    (c) The command and control relationships in subsections (a) and 
(b) which existed on March 13, 2011, shall remain in force unless 
changes are specifically authorized in a subsequent Act.

                     (including transfer of funds)

    Sec. 8071.  Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $73,992,000 shall be 
available until September 30, 2012, to fund prior year shipbuilding 
cost increases:  Provided, That upon enactment of this Act, the 
Secretary of the Navy shall transfer funds to the following 
appropriations in the amounts specified:  Provided further, That the 
amounts transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred to:
            (1) Under the heading ``Shipbuilding and Conversion, Navy, 
        2005/2012'': LPD-17 Amphibious Transport Dock Program 
        $18,627,000;
            (2) Under the heading ``Shipbuilding and Conversion, Navy, 
        2006/2012'': LPD-17 Amphibious Transport Dock Program 
        $23,437,000; and
            (3) Under the heading ``Shipbuilding and Conversion, Navy, 
        2008/2012'': LPD-17 Amphibious Transport Dock Program 
        $31,928,000.

                     (including transfer of funds)

    Sec. 8072. (a) Of the amounts appropriated in title IV of this Act 
under the heading ``Research, Development, Test and Evaluation, Army'', 
for Budget Activities 4, 5 and 7, $50,000,000 shall be transferred to 
Program Element 0605807A:  Provided, That no funds may be transferred 
until 30 days after the Secretary of the Army provides to the 
congressional defense committees a report including the details of any 
such transfer:  Provided further, That the transfer authority provided 
under this provision is in addition to any other transfer authority 
contained in this Act.
    (b) Of the amounts appropriated in title IV of this Act under the 
heading ``Research, Development, Test and Evaluation, Air Force'', for 
Budget Activities 4, 5 and 7, $34,000,000 shall be transferred to 
Program Element 0605807F:  Provided, That no funds may be transferred 
until 30 days after the Secretary of the Air Force provides to the 
congressional defense committees a report including the details of any 
such transfer:  Provided further, That the transfer authority provided 
under this provision is in addition to any other transfer authority 
contained in this Act.
    Sec. 8073.  Funds appropriated by this Act, or made available by 
the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes of 
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during 
fiscal year 2012 until the enactment of the Intelligence Authorization 
Act for Fiscal Year 2012.
    Sec. 8074.  None of the funds provided in this Act shall be 
available for obligation or expenditure through a 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. 8075.  The budget of the President for fiscal year 2013 
submitted to the Congress pursuant to section 1105 of title 31, United 
States Code, shall include separate budget justification documents for 
costs of United States Armed 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. 8076.  None of the funds available to the Department of 
Defense in the current fiscal year, and hereafter, may be obligated or 
expended for research, development, test, evaluation, procurement or 
deployment of nuclear armed interceptors of a missile defense system.
    Sec. 8077.  In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $20,000,000 is hereby 
appropriated to the Department of Defense:  Provided, That upon the 
determination of the Secretary of Defense that it shall serve the 
national interest, he shall make a grant in the amount specified as 
follows: $20,000,000 to the United Service Organizations.
    Sec. 8078.  None of the funds appropriated or made available in 
this Act shall be used to reduce or disestablish the operation of the 
53rd Weather Reconnaissance 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. 8079.  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. 8080. (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. 8081.  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. 8082.  For purposes of section 7108 of title 41, United States 
Code, any subdivision of appropriations made under the heading 
``Shipbuilding and Conversion, Navy'' that is not closed at the time 
reimbursement is made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the 
current fiscal year or any prior fiscal year.
    Sec. 8083. (a) None of the funds appropriated by this Act may be 
used to transfer research and development, 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. 8084.  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. 8085.  None of the funds appropriated by this Act for programs 
of the Office of the Director of National Intelligence shall remain 
available for obligation beyond the current fiscal year, except for 
funds appropriated for research and technology, which shall remain 
available until September 30, 2013.
    Sec. 8086.  For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act under 
the heading ``Shipbuilding and Conversion, Navy'' shall be considered 
to be for the same purpose as any subdivision under the heading 
``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. 8087.  During the current fiscal year, not to exceed 
$200,000,000 from funds available under ``Operation and Maintenance, 
Defense-Wide'' under section 1206 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456; relating 
to program to build the capacity of foreign military forces) may be 
transferred to the Department of State ``Global Security Contingency 
Fund'':  Provided, That this transfer authority is in addition to any 
other transfer authority available to the Department of Defense:  
Provided further, That the Secretary of Defense shall, not fewer than 
15 days prior to making transfers to the Department of State, notify 
the congressional defense committees in writing of the details of any 
such transfer:  Provided further, That none of the funds available 
under ``Operation and Maintenance, Defense-Wide'' under section 1206 of 
the National Defense Authorization Act for Fiscal Year 2006 (Public Law 
109-163; 119 Stat. 3456; relating to program to build the capacity of 
foreign military forces) may be obligated prior to the Department of 
Defense formally submitting a request for authority to transfer funds 
to the ``Global Security Contingency Fund'' to the Subcommittees on 
Defense of the Committees on Appropriations of the House and Senate.
    Sec. 8088.  The Director of National Intelligence shall include the 
budget exhibits identified in paragraphs (1) and (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. 8089.  The amounts appropriated in title II of this Act are 
hereby reduced by $515,000,000 to reflect excess cash balances in 
Department of Defense Working Capital Funds, as follows: From 
``Operation and Maintenance, Army'', $515,000,000.
    Sec. 8090. (a) Not later than 60 days after enactment of this Act, 
the Office of the Director of National Intelligence shall submit a 
report to the congressional intelligence committees to establish the 
baseline for application of reprogramming and transfer authorities for 
fiscal year 2012:  Provided, That the report shall include--
            (1) a table for each appropriation with a 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. 8091.  The Director of National Intelligence shall submit to 
Congress each year, at or about the time that the President's budget is 
submitted to Congress that year under section 1105(a) of title 31, 
United States Code, a 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. 8092.  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. 8093.  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.

                     (including transfer of funds)

    Sec. 8094.  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. 8095.  Of the funds appropriated in the Intelligence Community 
Management Account for the Program Manager for the Information Sharing 
Environment, $20,000,000 is available for transfer by the Director of 
National Intelligence to other departments and agencies for purposes of 
Government-wide information sharing 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. 8096.  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. 8097. (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by the 
Congress in this or any other Act, upon the determination by the head 
of the agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee 
or Committees of Congress for no less than 45 days.
    Sec. 8098. (a) None of the funds appropriated or 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.
    Sec. 8099. (a)(1) No National Intelligence Program funds 
appropriated in this Act may be used for a mission critical or mission 
essential business management 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 fiscal year 2012 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 Investment Review Board.
    (b) This section shall not apply to any programmatic or analytic 
systems or programmatic or analytic system improvements.
    Sec. 8100.  None of the funds made available under this Act may be 
distributed to the Association of Community Organizations for Reform 
Now (ACORN) or its subsidiaries.

                     (including transfer of funds)

    Sec. 8101.  From within the funds appropriated for operation and 
maintenance for the Defense Health Program in this Act, up to 
$135,631,000, shall be available for 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. 8102.  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. 8103.  Appropriations available to the Department of Defense 
may be used for the purchase of heavy and light armored vehicles for 
the physical security of personnel or for force protection purposes up 
to a limit of $250,000 per vehicle, notwithstanding price or other 
limitations applicable to the purchase of passenger carrying vehicles.

                     (including transfer of funds)

    Sec. 8104.  Of the amounts appropriated in ``Operation and 
Maintenance, Defense-wide'', $22,930,000 shall be available to the 
Secretary of Defense for transfer to ``Community Development Fund'', 
Department of Housing and Urban Development, to remain available until 
expended to address community development needs associated with the 
relocation of various facilities and functions eligible for assistance 
under title I of the Housing and Community Development Act of 1974 (42 
U.S.C. 5301 et seq.) to assist the civilian population of Guam in its 
response to the military buildup of Guam:  Provided, That the funds 
shall be deemed to be Community Development Block Grant funds available 
under title I of the Housing and Community Development Act of 1974 (42 
U.S.C. 5301 et seq.) and shall be made available to the Guam Housing 
and Urban Renewal Authority:  Provided further, That, in administering 
funds appropriated or otherwise made available under this section, the 
Secretary of Housing and Urban Development may waive or specify 
alternative requirements for any provision of any statute or regulation 
in connection with the obligation or the use of the funds except for 
requirements relating to fair housing, nondiscrimination, labor 
standards, and the environment, upon a finding that such a waiver is 
necessary to expedite or facilitate the use of such funds:  Provided 
further, That, with respect to the previous proviso, the Secretary of 
Housing and Urban Development shall publish any such waiver or 
alternative requirement in the Federal Register no later than 30 days 
before the effective date of such waiver or alternative requirement:  
Provided further, That the transfer authority in this section is in 
addition to any other transfer authority available to the Department of 
Defense.
    Sec. 8105.  Of the amounts appropriated for ``Operation and 
Maintenance, Defense-wide'', $10,070,000 shall be available to the 
Secretary of Defense for transfer to ``Assistance to Territories'', 
Department of the Interior, to remain available until expended, to be 
used to assist the civilian population of Guam in its response to the 
military buildup of Guam:  Provided, That the funds so transferred 
shall be available for technical assistance, as authorized by section 
1469d of title 48, United States Code, involving provision of vehicles 
and supplies for student transportation:  Provided further, That the 
transfer authority in this section is in addition to any other transfer 
authority available to the Department of Defense.
    Sec. 8106.  None of the funds appropriated or otherwise made 
available in this Act may be used to transfer, release, or assist in 
the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other 
detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
    Sec. 8107. (a)(1) Except as provided in paragraph (2) and 
subsection (d), none of the funds appropriated or otherwise made 
available in this Act may be used to 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 or a pre-trial agreement entered into before a 
military commission before the date of the enactment of this Act. 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 taken or agreed to take effective steps to ensure 
        that the individual cannot take action to threaten the United 
        States, its citizens, or its allies in the future;
            (5) has taken or agreed to take such steps as the Secretary 
        determines are necessary to ensure that the individual cannot 
        engage or re-engage in any 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 (2) and subsection (d), none 
of the funds appropriated or otherwise made available in this Act may 
be used to transfer any individual detained at Guantanamo to the 
custody or 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) Paragraph (1) shall not apply to any action taken by the 
Secretary to transfer any individual detained at Guantanamo to 
effectuate an order affecting the disposition of the individual that is 
issued by a court or competent tribunal of the United States having 
lawful jurisdiction or a pre-trial agreement entered into before a 
military commission before the date of the enactment of this Act. The 
Secretary shall notify Congress promptly upon issuance of any such 
order.
    (d)(1) The Secretary of Defense may waive the applicability to a 
detainee transfer of a certification requirement specified in paragraph 
(4) or (5) of subsection (b), or the prohibition in subsection (c), if 
the Secretary, with the concurrence of the Secretary of State and in 
consultation with the Director of National Intelligence, determines 
that--
            (A) alternative actions will be taken to address the 
        underlying purpose of the requirement or requirements to be 
        waived;
            (B) in the case of a waiver of paragraph (4) or (5) of 
        subsection (b), it is not possible to certify that the risks 
        addressed in the paragraph to be waived have been completely 
        eliminated, but the actions to be taken under subparagraph (A) 
        will substantially mitigate such risks with regard to the 
        individual to be transferred;
            (C) in the case of a waiver of subsection (c), the 
        Secretary has considered any confirmed case in which an 
        individual who was transferred to the country subsequently 
        engaged in terrorist activity, and the actions to be taken 
        under subparagraph (A) will substantially mitigate the risk of 
        recidivism with regard to the individual to be transferred; and
            (D) the transfer is in the national security interests of 
        the United States.
    (2) Whenever the Secretary makes a determination under paragraph 
(1), the Secretary shall submit to the congressional defense 
committees, not later than 30 days before the transfer of the 
individual concerned the following:
            (A) A copy of the determination and the waiver concerned;
            (B) A statement of the basis for the determination, 
        including--
                    (i) an explanation why the transfer is in the 
                national security interests of the United States; and
                    (ii) in the case of a waiver of paragraph (4) or 
                (5) of subsection (b), an explanation why it is not 
                possible to certify that the risks addressed in the 
                paragraph to be waived have been completely eliminated.
            (C) A summary of the alternative actions to be taken to 
        address the underlying purpose of, and to mitigate the risks 
        addressed in, the paragraph or subsection to be waived.
    (e) In 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. 8108. (a) In General.--None of the funds appropriated or 
otherwise made available to the Department of Defense in this Act may 
be used to construct, renovate, or expand any facility in the United 
States, its territories, or possessions to house any individual 
detained at United States Naval Station, Guantanamo Bay, Cuba, for the 
purposes of detention or imprisonment in the custody or under the 
control of the Department of Defense unless authorized by Congress.
    (b) Exception.--The prohibition in subsection (a) shall not apply 
to any modification of facilities at United States Naval Station, 
Guantanamo Bay, Cuba.

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$7,195,335,000:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$1,259,234,000:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$717,360,000:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,492,381,000:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$207,162,000:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$44,530,000:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                    Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$25,421,000:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'' 
$26,815,000:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$679,579,000:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $9,435,000:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$46,406,481,000:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$7,670,026,000:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $3,918,210,000:  Provided, That such amounts in this paragraph 
are designated by Congress as being for the overseas contingency 
operations pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
amended.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $10,851,547,000:  Provided, That such amounts in this 
paragraph are designated by Congress as being for the overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $9,219,211,000:  Provided, That each amount in this section is 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended:  
Provided further, That of the funds provided under this heading: Not to 
exceed $1,690,000,000, to remain available until September 30, 2013, 
for payments to reimburse key cooperating nations for logistical, 
military, and other support, including access, provided to United 
States military operations in support of Operation Enduring Freedom, 
Operation New Dawn, and post-operation Iraq border security related to 
the activities of the Office of Security Cooperation in Iraq, 
notwithstanding any other provision of law:  Provided further, That 
such reimbursement payments may be made in such amounts as the 
Secretary of Defense, with the concurrence of the Secretary of State, 
and in consultation with the Director of the Office of 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 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'', $217,500,000:  Provided, That such amounts in this paragraph 
are designated by Congress as being for the overseas contingency 
operations pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
amended.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $74,148,000:  Provided, That such amounts in this paragraph 
are designated by Congress as being for the overseas contingency 
operations pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
amended.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $36,084,000:  Provided, That such amounts in this 
paragraph are designated by Congress as being for the overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $142,050,000:  Provided, That such amounts in this paragraph 
are designated by Congress as being for the overseas contingency 
operations pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
amended.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $377,544,000:  Provided, That such amounts in this 
paragraph are designated by Congress as being for the overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $34,050,000:  Provided, That such amounts in this 
paragraph are designated by Congress as being for the overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.

                    Afghanistan Infrastructure Fund

                     (including transfer of funds)

    For the ``Afghanistan Infrastructure Fund'', $400,000,000, to 
remain available until September 30, 2013:  Provided, That such sums 
shall be available for 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 such amounts in this paragraph 
are designated by Congress as being for the overseas contingency 
operations pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
amended.

                    Afghanistan Security Forces Fund

    For the ``Afghanistan Security Forces Fund'', $11,200,000,000, to 
remain available until September 30, 2013:  Provided, That such funds 
shall be available to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Commander, 
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 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 such amounts 
in this paragraph are designated by Congress as being for the overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$1,137,381,000, to remain available until September 30, 2014:  
Provided, That such amounts in this paragraph are designated by 
Congress as being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177), as amended.

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$126,556,000, to remain available until September 30, 2014:  Provided, 
That such amounts in this paragraph are designated by Congress as being 
for the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (Public Law 99-177), as amended.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $130,141,000, to remain available until 
September 30, 2014:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$208,381,000, to remain available until September 30, 2014:  Provided, 
That such amounts in this paragraph are designated by Congress as being 
for the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (Public Law 99-177), as amended.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$2,326,376,000, to remain available until September 30, 2014:  
Provided, That such amounts in this paragraph are designated by 
Congress as being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177), as amended.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$750,633,000, to remain available until September 30, 2014:  Provided, 
That such amounts in this paragraph are designated by Congress as being 
for the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (Public Law 99-177), as amended.

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$41,070,000, to remain available until September 30, 2014:  Provided, 
That such amounts in this paragraph are designated by Congress as being 
for the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (Public Law 99-177), as amended.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $317,100,000, to remain available until September 30, 
2014:  Provided, That such amounts in this paragraph are designated by 
Congress as being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177), as amended.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$259,881,000, to remain available until September 30, 2014:  Provided, 
That such amounts in this paragraph are designated by Congress as being 
for the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (Public Law 99-177), as amended.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$1,233,996,000, to remain available until September 30, 2014:  
Provided, That such amounts in this paragraph are designated by 
Congress as being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177), as amended.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$1,299,777,000, to remain available until September 30, 2014:  
Provided, That such amounts in this paragraph are designated by 
Congress as being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177), as amended.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$28,420,000, to remain available until September 30, 2014:  Provided, 
That such amounts in this paragraph are designated by Congress as being 
for the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (Public Law 99-177), as amended.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $92,510,000, to remain available until September 30, 2014:  
Provided, That such amounts in this paragraph are designated by 
Congress as being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177), as amended.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$3,194,641,000, to remain available until September 30, 2014:  
Provided, That such amounts in this paragraph are designated by 
Congress as being for the overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177), as amended.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$426,668,000, to remain available until September 30, 2014:  Provided, 
That such amounts in this paragraph are designated by Congress as being 
for the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (Public Law 99-177), as amended.

                  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, $500,000,000, to remain available for 
obligation until September 30, 2014:  Provided, That the Chiefs of 
National Guard and Reserve components shall, not later than 30 days 
after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective National Guard or Reserve component:  Provided  
further, That such amounts in this paragraph are designated by Congress 
as being for the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (Public Law 99-177), as amended.

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

    For the Mine Resistant Ambush Protected Vehicle Fund, 
$3,445,170,000, to remain available until September 30, 2013:  
Provided, That such funds shall be available to 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 such amounts in this paragraph are designated by Congress 
as being for the overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (Public Law 99-177), as amended.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $18,513,000, to remain available until September 
30, 2013:  Provided, That such amounts in this paragraph are designated 
by Congress as being for the overseas contingency operations pursuant 
to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99-177), as amended.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $158,484,000, to remain available until September 
30, 2013:  Provided, That such amounts in this paragraph are designated 
by Congress as being for the overseas contingency operations pursuant 
to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99-177), as amended.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $207,600,000, to remain available until 
September 30, 2013:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $197,361,000, to remain available until 
September 30, 2013:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$396,513,000:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$1,228,288,000, which shall be for operation and maintenance, to remain 
available until September 30, 2012:  Provided, That such amounts in 
this paragraph are designated by Congress as being for the overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.

         Drug Interdiction and Counter-Drug Activities, Defense

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $463,458,000, to remain available until 
September 30, 2013:  Provided, That such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

    For the ``Joint Improvised Explosive Device Defeat Fund'', 
$2,441,984,000, to remain available until September 30, 2014:  
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 such amounts in this paragraph are 
designated by Congress as being for the overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                    Office of the Inspector General

    For an additional amount for the ``Office of the Inspector 
General'', $11,055,000:  Provided, That such amounts in this paragraph 
are designated by Congress as being for the overseas contingency 
operations pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
amended.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 9001.  Notwithstanding any other provision of law, funds made 
available in this title are in addition to amounts appropriated or 
otherwise made available for the Department of Defense for fiscal year 
2012.

                     (including transfer of funds)

    Sec. 9002.  Upon the determination of the Secretary of Defense that 
such action is necessary in the national 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, 2012.
    Sec. 9003.  Supervision and administration costs associated with a 
construction project funded with appropriations available for operation 
and maintenance, ``Afghanistan Infrastructure Fund'', or the 
``Afghanistan Security Forces Fund'' provided in this Act and executed 
in direct support of overseas contingency operations in Afghanistan, 
may be obligated at the time a construction contract is awarded:  
Provided, That for the purpose of this section, 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 the U.S. Central Command area of 
responsibility: (a) passenger motor vehicles up to a limit of $75,000 
per vehicle; and (b) heavy and light armored vehicles for the physical 
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 $400,000,000 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 Afghanistan to respond to urgent, 
small-scale, humanitarian relief and reconstruction requirements within 
their areas of responsibility:  Provided, That each project (including 
any ancillary or related 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 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.  None of the funds provided for the ``Afghanistan 
Security Forces Fund'' (ASFF) may be obligated for a revised spend plan 
prior to the meeting and approval of the Afghanistan Resources 
Oversight Council (AROC) of the Department of Defense:  Provided, That 
the AROC must review and approve the requirement and acquisition plan 
for any contract or task order in excess of $10,000,000 using ASFF:  
Provided further, That in approving the acquisition plan, the AROC 
shall consider the extent of competition for the purchase, any relevant 
qualifications or requirements for eligible contractors for the 
purchase, the adequacy of steps to ensure that the purchase meets cost, 
schedule, and performance requirements, and the adequacy of steps to 
manage and oversee contractor performance:  Provided further, That the 
AROC must review and approve all projects and contracting under the 
``Afghanistan Infrastructure Fund'' (AIF) and any project in excess of 
$1,000,000 from the Commanders Emergency Response Program (CERP):  
Provided further, That the Department of Defense must certify to the 
congressional defense committees that the AROC has convened and 
approved a process for ensuring compliance with the requirements in the 
preceding provisos for the ASFF, AIF, and CERP.
    Sec. 9010. (a) Funding for Outreach and Reintegration Services 
Under Yellow Ribbon Reintegration Program.--Of the amounts appropriated 
or otherwise made available by title IX, up to $20,000,000 may be 
available for outreach and reintegration services under the Yellow 
Ribbon Reintegration Program under section 582(h) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 125; 10 U.S.C. 10101 note).
    (b) Supplement Not Supplant.--The amount made available by 
subsection (a) for the services described in that subsection is in 
addition to any other amounts available in this Act for such services.
    Sec. 9011.  Funds made available in this title to the Department of 
Defense for operation and maintenance may be used to purchase items 
having an investment unit cost of not more than $250,000:  Provided, 
That, upon 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.
    Sec. 9012.  Notwithstanding any other provision of law, up to 
$150,000,000 of funds made available in this title under the heading 
``Operation and Maintenance, Army'' may be obligated and expended for 
purposes of the Task Force for Business and Stability Operations, 
subject to the direction and control of the Secretary of Defense, with 
concurrence of the Secretary of State, to carry out strategic business 
and economic assistance activities in Afghanistan in support of 
Operation Enduring Freedom:  Provided, That not less than 15 days 
before making funds available 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 project.
    Sec. 9013.  From funds made available to the Department of Defense 
in this title under the heading ``Operation and Maintenance, Air 
Force'' up to $524,000,000 may be used by the Secretary of Defense, 
notwithstanding any other provision of law, to support United States 
Government transition activities in Iraq by funding the operations and 
activities of the Office of Security Cooperation in Iraq and security 
assistance teams, including life support, transportation and personal 
security, and facilities renovation and construction:  Provided, That 
not less than 15 days before making funds available pursuant to the 
authority provided in this section, the Secretary shall submit to the 
congressional defense committees a written notice containing a detailed 
justification and timeline for each proposed site.
    Sec. 9014.  The amounts appropriated in title IX of this Act are 
hereby reduced by $5,000,000,000 to reflect reduced troop strength in 
theater:  Provided, That the reductions shall be applied to the 
military personnel and operation and maintenance appropriations only:  
Provided further, That the Secretary of Defense shall, not fewer than 
15 days prior to reducing funds for this purpose, notify the 
congressional defense committees in writing of the details of any such 
reduction by appropriation and budget line item.
    Sec. 9015.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
            ``Overseas Contingency Operations Transfer Fund, 2010'', 
        $356,810,000;
            ``Procurement of Ammunition, Army, 2010/2012'', 
        $21,000,000;
            ``Other Procurement, Air Force, 2010/2012'', $2,250,000.
    This Act may be cited as the ``Department of Defense Appropriations 
Act, 2012''.
                                                       Calendar No. 169

112th CONGRESS

  1st Session

                               H. R. 2219

                          [Report No. 112-77]

_______________________________________________________________________

                                 AN ACT

Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2012, and for other purposes.

_______________________________________________________________________

                             July 11, 2011

  Received; read twice and referred to the Committee on Appropriations

                           September 15, 2011

                       Reported with an amendment