Summary: H.R.2219 — 112th Congress (2011-2012)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to Senate with amendment(s) (09/15/2011)

Department of Defense Appropriations Act, 2012 - Title I: Military Personnel - Appropriates funds for FY2012 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

Title II: Operation and Maintenance - Appropriates funds for FY2012 for operation and maintenance (O&M) for the military departments, the defense agencies, the reserve components, and the Army and Air National Guard. Appropriates funds for: (1) the United States Court of Appeals for the Armed Forces; (2) environmental restoration for the military departments, the Department of Defense (DOD), and at formerly used defense sites; (3) overseas humanitarian, disaster, and civic aid; (4) former Soviet Union threat reduction; and (5) the Department of Defense Acquisition Workforce Development Fund.

Title III: Procurement - Appropriates funds for FY2012 for procurement by the Armed Forces of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Appropriates funds for: (1) defense-wide procurement, and (2) certain procurements under the Defense Production Act of 1950.

Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY2012 for research, development, test and evaluation (RDT&E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.

Title V: Revolving and Management Funds - Appropriates funds for: (1) the Defense Working Capital Funds, and (2) programs under the National Defense Sealift Fund.

Title VI: Other Department of Defense Programs - Appropriates funds for: (1) the Defense Health Program; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; and (4) the Office of the Inspector General.

Title VII: Related Agencies - Appropriates funds for the: (1) Central Intelligence Agency Retirement and Disability System Fund, and (2) Intelligence Community Management Account.

Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of authorized funds.

(Sec. 8007) Requires a report from DOD to the defense committees to establish the baseline for application of FY2012 reprogramming and transfer authorities.

(Sec. 8010) Allows for the use of procurement funds for multiyear contracts for: (1) UH-60M/HH-60M and MH-60R/MH-60S helicopter airframes; and MH-60R/S mission avionics and common cockpits.

(Sec. 8012) Prohibits, during FY2012, the management by end strengths of DOD civilian personnel.

(Sec. 8021) Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of receipts of contributions from the government of Kuwait.

(Sec. 8023) Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY2012 funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY2012 funds. Reduces, by $150.245 million, the total amount appropriated in this Act for FFRDCs.

(Sec. 8024) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.

(Sec. 8027) Requires the Secretary of Defense (Secretary) to report to Congress on the amount of DOD purchases from foreign entities in FY2012.

(Sec. 8029) Authorizes the Secretary of the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Elllsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.

(Sec. 8035) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program and Army agencies established to eliminate, mitigate, or counter the effects of improvised explosive devices, or to improve the effectiveness and efficiencies of biometric activities; (3) to convert to contractor performance a DOD activity or function performed by DOD civilian employees, unless specified conditions are met; (4) for assistance to the Democratic People's Republic of North Korea, unless specifically appropriated for such purpose; and (5) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.

(Sec. 8039) Rescinds specified funds from various accounts under prior defense appropriations Acts.

(Sec. 8044) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency (CIA) for drug interdiction or counter-drug activities.

(Sec. 8048) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless Congress is given 15 days' advance notice.

(Sec. 8055) Prohibits funds from being used to approve or license the sale of the F-22A advanced tactical fighter to any foreign government.

(Sec. 8056) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items, and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.

(Sec. 8057) Prohibits the use of appropriated funds to support any training program involving a unit of the security forces of a foreign country if the Secretary has received credible information that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees within 15 days after any such waiver).

(Sec. 8062) Authorizes members of the National Guard performing full-time duty to support ground-based elements of the National Ballistic Missile Defense System.

(Sec. 8063) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.

(Sec. 8064) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain, youth, social, or fraternal nonprofit organizations.

(Sec. 8068) Authorizes the Secretary, using DOD O&M funds, to reimburse the Secretary of Homeland Security for costs associated with the processing and adjudication of applications for naturalization as U.S. citizens through service in the Armed Forces.

(Sec. 8069) Earmarks specified procurement and RDT&E funds for the Israeli Cooperative Programs (missile defense).

(Sec. 8075) Requires the FY2013 budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.

(Sec. 8076) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.

(Sec. 8077) Appropriates funds to DOD for grants to the United Service Organizations.

(Sec. 8079) Prohibits the availability of funds for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.

(Sec. 8080) Requires reserve members called or ordered to active duty in time of national emergency to be notified in writing of their expected mobilization period. Allows the Secretary to waive such requirement in order to respond to a national security emergency or to meet dire operational requirements.

(Sec. 8084) Earmarks specified Navy O&M funds for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and the payment of incremental and personnel costs of training and exercising with foreign security forces.

(Sec. 8087) Authorizes the Secretary to transfer specified prior-year DOD funds to the Global Security Contingency Fund.

(Sec. 8089) Reduces by $15 million the amount of O&M funds appropriated in this Act, to reflect excess cash balances in DOD working capital funds.

(Sec. 8090) Requires the Office of the Director of National Intelligence (DNI) to report to the intelligence committees to establish the baseline for application of reprogramming and transfer authorities for FY2012. Prohibits funds provided for the National Intelligence Program (NIP) from being available for reprogramming or transfer until the report is submitted, unless the DNI certifies to such committees that the reprogramming or transfer is necessary as an emergency requirement.

(Sec. 8091) Directs the DNI to submit annually to Congress a future-years intelligence program reflecting estimated expenditures and proposed appropriations included in the President's budget.

(Sec. 8093) Requires DOD to continue to report incremental contingency operations costs for Operations New Dawn and Enduring Freedom on a monthly basis.

(Sec. 8095) Makes specified Intelligence Community Management Account funds available for transfer by the DNI to other departments and agencies for government-wide information sharing activities.

(Sec. 8096) Makes O&M funds available for remittances to the Defense Acquisition Workforce Development Fund.

(Sec. 8097) Requires any agency receiving funds appropriated under this Act to post on its public website any report required to be submitted to Congress in this or any other Act, upon the determination by such agency head that it shall serve the national interest. Provides exceptions when posting the report would compromise national security or for reports containing proprietary information.

(Sec. 8098) Provides specific requirements on the use of this Act's funds for any federal contract in excess of $1 million with respect to contractor resolution of claims under title VII of the Civil Rights Act of 1964. Allows the Secretary to waive such requirements to avoid harm to national security.

(Sec. 8099) Prohibits the use of NIP funds from this Act for a mission critical or mission essential business management information technology system not registered with the DNI.

(Sec. 8100) Prohibits funds from being distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.

(Sec. 8101) Earmarks specified O&M funds for operations of the integrated Captain James A. Lovell Federal Health Care Center in Chicago, Illinois.

(Sec. 8103) Allows DOD funds to 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.

(Sec. 8104) Earmarks specified DOD O&M funds for grants to assist the civilian population on Guam in response to the U.S. military buildup there.

(Sec. 8106) Prohibits funds from being used to transfer, release, or assist in the transfer or release to or within the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or member of the U.S. Armed Forces; and (2) is or was held on or after June 24, 2009, at U.S. Naval Station Guantanamo Bay, Cuba (Guantanamo), by DOD.

(Sec. 8107) Prohibits funds from being used to transfer any individual detained at Guantanamo to the custody or control of such individual's country of origin, or to any other foreign country or entity, unless the Secretary, at least 30 days beforehand, has made a certification to Congress relating to such transfer. Requires the certification to include, among other things, that the country to which the individual is about to be transferred: (1) is not a designated state sponsor of terrorism or foreign terrorist organization, and (2) has agreed to take steps to ensure that the individual cannot engage or re-engage in any terrorist activity. Prohibits any such transfer if there is a confirmed case that any individual previously detained at Guantanamo and then transferred to a foreign country or entity subsequently engaged in a terrorist activity, but authorizes the Secretary to waive such prohibition in the interests of national security after 30 days' advance notification to the defense committees.

(Sec. 8108) Prohibits the use of DOD funds to construct, renovate, or expand any facility in the United States or its territories or possessions in order to house any individual detained at Guantanamo for the purpose of detention or imprisonment. Makes such prohibition inapplicable to facility modifications at Guantanamo.

Title IX: Overseas Contingency Operations - Appropriates funds for FY2012 for overseas contingency operations, specifically for: (1) military personnel; (2) O&M; (3) the Afghanistan Infrastructure Fund; (4) the Afghanistan Security Forces Fund; (5) procurement, including National Guard and Reserve equipment; (6) the Mine Resistant Ambush Protected Vehicle Fund; (7) RDT&E; (8) Defense Working Capital Funds; (9) the Defense Health Program; (10) drug interdiction and counter-drug activities; (11) the Joint Improvised Explosive Device Defeat Fund; and (12) the Office of the Inspector General.

(Sec. 9002) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such appropriations for that fiscal year. Requires prompt congressional notification of each transfer.

(Sec. 9004) Authorizes the Secretary to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in Iraq and Afghanistan, with a limit of $75,000 per passenger vehicle and $250,000 per each heavy or light armored vehicle.

(Sec. 9005) Authorizes the use of up to $400 million to fund the Commander's Emergency Response Program (urgent humanitarian relief and reconstruction assistance in Iraq and Afghanistan).

(Sec. 9006) Allows DOD O&M funds to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan. Requires quarterly reports from the Secretary to the defense committees regarding such support.

(Sec. 9007) Prohibits any funds from being obligated or expended to: (1) establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Iraq or Afghanistan, or (2) exercise U.S. control over any oil resource of Iraq.

(Sec. 9008) Prohibits funds from being used in contravention of specified laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

(Sec. 9010) Allows the use of specified overseas contingency operations funds for outreach and integration services under the Yellow Ribbon Reintegration program.

(Sec. 9012) Allows specified O&M funds to be used by the Task Force for Business and Stability Operations to carry out strategic and economic assistance activities in Afghanistan in support of Operation Enduring Freedom. Requires 15 days' advance notification to the defense committees.

(Sec. 9013) Authorizes the Secretary to use specified O&M funds to support U.S. government transition activities in Iraq by funding the operations and activities of the Office of Security Cooperation in Iraq, security assistance teams, and facilities renovation and construction. Requires 15 days' advance notification to the defense committees.

(Sec. 9014) Reduces by $5 billion the amount appropriated under this title, to reflect reduced troop strength in theater. Requires 15 days' advance notification to the defense committees prior to any reduction.

(Sec. 9015) Rescinds specified funds from various accounts under prior defense appropriations Acts.