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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3326 Reported in Senate (RS)]

                                                       Calendar No. 159
111th CONGRESS
  1st Session
                                H. R. 3326

                          [Report No. 111-74]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2009

  Received; read twice and referred to the Committee on Appropriations

                           September 10, 2009

               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, 2010, 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, 2010, 
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, 
$39,901,547,000.</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, 
$25,095,581,000.</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, 
$12,528,845,000.</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, 
$25,938,850,000.</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, $4,308,513,000.</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, 
$1,918,111,000.</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, 
$610,580,000.</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, $1,600,462,000.</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, $7,525,628,000.</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, 
$2,949,899,000.</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, $30,454,152,000.</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 $14,657,000 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, 
$34,885,932,000 (increased by $1,000,000) (reduced by $1,000,000): 
Provided, That $60,199,000 shall be made available for the Joint POW/
MIA Accounting Command.</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, $5,557,510,000.</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, 
$33,785,349,000.</DELETED>

       <DELETED>Operation and Maintenance, Defense-Wide</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, $27,929,377,000: Provided, That not more than 
$50,000,000 may be used for the Combatant Commander Initiative Fund 
authorized under section 166a of title 10, United States Code: Provided 
further, That of the funds provided under this heading, not less than 
$29,732,000 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.</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,$2,621,196,000.</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, $1,280,001,000.</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, $228,925,000.</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, $3,079,228,000.</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), $6,353,627,000.</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, 
$5,888,741,000.</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, $13,932,000, 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, $415,864,000, 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>(including transfer of funds)</DELETED>

<DELETED>    For the Department of the Navy, $285,869,000, 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, $494,276,000, 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, $11,100,000, 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, $277,700,000, 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), $109,869,000, to 
remain available until September 30, 2011.</DELETED>

        <DELETED>Cooperative Threat Reduction Account</DELETED>

<DELETED>    For assistance to the republics 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, $404,093,000, to remain available until September 30, 
2012.</DELETED>

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

<DELETED>    For the Department of Defense Acquisition Workforce 
Development Fund, $100,000,000.</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, $5,144,991,000, to remain available for obligation until 
September 30, 2012.</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, $1,358,609,000, to remain available for obligation until 
September 30, 2012.</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, $2,681,952,000, to remain available for obligation until 
September 30, 2012.</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, $2,053,395,000, to remain 
available for obligation until September 30, 2012.</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, $9,293,801,000, to remain 
available for obligation until September 30, 2012.</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, $18,325,481,000, to remain available for obligation 
until September 30, 2012.</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, $3,226,403,000, to remain available 
for obligation until September 30, 2012.</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, $794,886,000, to remain available 
for obligation until September 30, 2012.</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, 
        $739,269,000.</DELETED>
        <DELETED>    Carrier Replacement Program (AP), 
        $484,432,000.</DELETED>
        <DELETED>    NSSN, $1,964,317,000.</DELETED>
        <DELETED>    NSSN (AP), $1,959,725,000.</DELETED>
        <DELETED>    CVN Refueling, $1,563,602,000.</DELETED>
        <DELETED>    CVN Refuelings (AP), $211,820,000.</DELETED>
        <DELETED>    DD(X), $1,073,161,000.</DELETED>
        <DELETED>    DDG-51 Destroyer, $1,912,267,000.</DELETED>
        <DELETED>    DDG-51 Destroyer (AP), $328,996,000.</DELETED>
        <DELETED>    Littoral Combat Ship, $2,160,000,000.</DELETED>
        <DELETED>    LPD-17, $872,392,000.</DELETED>
        <DELETED>    LPD-17 (AP), $184,555,000.</DELETED>
        <DELETED>    Intratheater Connector, $357,956,000.</DELETED>
        <DELETED>    LCAC Service Life Extension Program, 
        $63,857,000.</DELETED>
        <DELETED>    Prior year shipbuilding costs, 
        $454,586,000.</DELETED>
        <DELETED>    Service Craft, $3,694,000.</DELETED>
        <DELETED>    For outfitting, post delivery, conversions, and 
        first destination transportation, $386,903,000.</DELETED>
<DELETED>    In all: $14,721,532,000, to remain available for 
obligation until September 30, 2014: Provided, That additional 
obligations may be incurred after September 30, 2014, 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, $5,395,081,000, to 
remain available for obligation until September 30, 2012.</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, $1,563,743,000, to remain available for 
obligation until September 30, 2012.</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, $11,956,182,000, to 
remain available for obligation until September 30, 2012; Provided, 
That no funds provided in this Act for the procurement or modernization 
of C-17 aircraft may be obligated until all C-17 contracts funded with 
prior year ``Aircraft Procurement, Air Force'' appropriated funds are 
definitized.</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, $6,508,359,000, to remain available for obligation until 
September 30, 2012.</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, $809,941,000, to remain available 
for obligation until September 30, 2012.</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, $16,883,791,000, to remain 
available for obligation until September 30, 2012.</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, $4,036,816,000, to remain available for obligation until 
September 30, 2012.</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), $82,846,000, 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, 
$11,151,884,000, to remain available for obligation until September 30, 
2011.</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, 
$20,197,300,000, to remain available for obligation until September 30, 
2011: 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, 
$27,976,278,000, to remain available for obligation until September 30, 
2011.</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, $20,721,723,000, to 
remain available for obligation until September 30, 2011: Provided, 
That, notwithstanding any other provision of law, of the funds made 
available under this heading for missile defense programs, not less 
than $80,000,000 shall be available for the Kinetic Energy Interceptor 
Program.</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, $190,770,000, to remain available for obligation 
until September 30, 2011.</DELETED>

                       <DELETED>TITLE V</DELETED>

           <DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>

            <DELETED>Defense Working Capital Funds</DELETED>

<DELETED>    For the Defense Working Capital Funds, 
$1,455,004,000.</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, $1,692,758,000, 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>(including transfer of funds)</DELETED>

<DELETED>    For expenses, not otherwise provided for, for medical and 
health care programs of the Department of Defense as authorized by law, 
$29,891,109,000; of which $28,257,565,000 shall be for operation and 
maintenance, of which not to exceed 2 percent shall remain available 
until September 30, 2011, and of which up to $15,537,688,000 may be 
available for contracts entered into under the TRICARE program; of 
which $384,142,000, to remain available for obligation until September 
30, 2012, shall be for procurement; and of which $1,249,402,000, to 
remain available for obligation until September 30, 2011, shall be for 
research, development, test and evaluation: Provided, That, 
notwithstanding any other provision of law, of the amount made 
available under this heading for research, development, test and 
evaluation, not less than $10,000,000 shall be available for HIV 
prevention educational activities undertaken in connection with United 
States military training, exercises, and humanitarian assistance 
activities conducted primarily in African nations.</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, 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, $1,510,760,000, of which $1,146,802,000 
shall be for operation and maintenance, of which no less than 
$84,839,000, shall be for the Chemical Stockpile Emergency Preparedness 
Program, consisting of $34,905,000 for activities on military 
installations and $49,934,000, to remain available until September 30, 
2011, to assist State and local governments; $12,689,000 shall be for 
procurement, to remain available until September 30, 2012, of which no 
less than $12,689,000 shall be for the Chemical Stockpile Emergency 
Preparedness Program to assist State and local governments; and 
$351,269,000, to remain available until September 30, 2011, shall be 
for research, development, test and evaluation, of which $348,669,000 
shall only be 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, $1,237,684,000: 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.</DELETED>

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

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

<DELETED>    For the ``Joint Improvised Explosive Device Defeat Fund'', 
$364,550,000, of which $183,000,000 shall be for Attack the Network, to 
remain available until September 30, 2011; $25,000,000 shall be for 
Defeat the Device, to remain available until September 30, 2012; 
$35,000,000 shall be for Train the Force, to remain available until 
September 30, 2010; $121,550,000 shall be for Staff and Infrastructure, 
to remain available until September 30, 2010: 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 within 
60 days of the enactment of this Act, a plan for the intended 
management and use of the amounts provided under this heading shall be 
submitted to the congressional defense committees: 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 
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, $288,100,000, of which $287,100,000 shall be for 
operation and maintenance, of which not to exceed $700,000 is available 
for emergencies and extraordinary expenses to be expended on the 
approval or authority of the Inspector General, and payments may be 
made on the Inspector General's certificate of necessity for 
confidential military purposes; and of which $1,000,000, to remain 
available until September 30, 2012, shall be for procurement.</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, $290,900,000.</DELETED>

      <DELETED>Intelligence Community Management Account</DELETED>

<DELETED>    For necessary expenses of the Intelligence Community 
Management Account, $611,002,000.</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>(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, 2010: 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: Provided further, That no obligation of funds may be made 
pursuant to section 1206 of Public Law 109-163 (or any successor 
provision) unless the Secretary of Defense has notified the 
congressional defense committees prior to any such 
obligation.</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 report of the Committee on 
Appropriations of the House of Representatives accompanying 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 
2010: 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 ``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 report within 30 days of enactment of this Act that 
        certifies 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 identified 
        in that report for production beyond advance procurement 
        activities in the fiscal year 2010 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>    F-18 aircraft variants.</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 2010, 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 2011 budget request for the Department 
of Defense as well as all justification material and other 
documentation supporting the fiscal year 2011 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 2011.</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>    Sec. 8015. (a) None of the funds appropriated by this Act 
shall be available to convert to contractor performance an activity or 
function of the Department of Defense that, on or after the date of the 
enactment of this Act, is performed by more than 10 Department of 
Defense civilian employees unless--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) 10 percent of the most efficient 
                organization's personnel-related costs for performance 
                of that activity or function by Federal employees; 
                or</DELETED>
                <DELETED>    (B) $10,000,000; and</DELETED>
        <DELETED>    (3) the contractor does not receive an advantage 
        for a proposal that would reduce costs for the Department of 
        Defense by--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) is included on the procurement list established 
pursuant to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 
47);</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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)).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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

<DELETED>    Sec. 8016.  Funds appropriated in title III of this Act 
for the Department of Defense Pilot Mentor-Protege Program may be 
transferred to any other appropriation contained in this Act solely for 
the purpose of implementing a Mentor-Protege Program developmental 
assistance agreement pursuant to section 831 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 
2302 note), as amended, under the authority of this provision or any 
other transfer authority contained in this Act.</DELETED>
<DELETED>    Sec. 8017.  None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States: Provided, That for the purpose of 
this section, the term ``manufactured'' shall include cutting, heat 
treating, quality control, testing of chain and welding (including the 
forging and shot blasting process): Provided further, That for the 
purpose of this section substantially all of the components of anchor 
and mooring chain shall be considered to be produced or manufactured in 
the United States if the aggregate cost of the components produced or 
manufactured in the United States exceeds the aggregate cost of the 
components produced or manufactured outside the United States: Provided 
further, That when adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis, the Secretary of 
the service responsible for the procurement may waive this restriction 
on a case-by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order to 
acquire capability for national security purposes.</DELETED>
<DELETED>    Sec. 8018.  None of the funds available to the Department 
of Defense may be used to demilitarize or dispose of M-1 Carbines, M-1 
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or 
M-1911 pistols, or to demilitarize or destroy small arms ammunition or 
ammunition components that are not otherwise prohibited from commercial 
sale under Federal law.</DELETED>
<DELETED>    Sec. 8019.  No more than $500,000 of the funds 
appropriated or made available in this Act shall be used during a 
single fiscal year for any single relocation of an organization, unit, 
activity or function of the Department of Defense into or within the 
National Capital Region: Provided, That the Secretary of Defense may 
waive this restriction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relocation is 
required in the best interest of the Government.</DELETED>
<DELETED>    Sec. 8020.  In addition to the funds provided elsewhere in 
this Act, $15,000,000 is appropriated only for incentive payments 
authorized by section 504 of the Indian Financing Act of 1974 (25 
U.S.C. 1544): Provided, That a prime contractor or a subcontractor at 
any tier that makes a subcontract award to any subcontractor or 
supplier as defined in section 1544 of title 25, United States Code, or 
a small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code, shall be 
considered a contractor for the purposes of being allowed additional 
compensation under section 504 of the Indian Financing Act of 1974 (25 
U.S.C. 1544) whenever the prime contract or subcontract amount is over 
$500,000 and involves the expenditure of funds appropriated by an Act 
making Appropriations for the Department of Defense with respect to any 
fiscal year: Provided further, That notwithstanding section 430 of 
title 41, United States Code, this section shall be applicable to any 
Department of Defense acquisition of supplies or services, including 
any contract and any subcontract at any tier for acquisition of 
commercial items produced or manufactured, in whole or in part by any 
subcontractor or supplier defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by an individual 
or individuals defined under section 4221(9) of title 25, United States 
Code.</DELETED>
<DELETED>    Sec. 8021.  Funds appropriated by this Act for the Defense 
Media Activity shall not be used for any national or international 
political or psychological activities.</DELETED>
<DELETED>    Sec. 8022.  None of the funds appropriated by this Act 
shall be available to perform any cost study pursuant to the provisions 
of OMB Circular A-76 if the study being performed exceeds a period of 
24 months after initiation of such study with respect to a single 
function activity or 30 months after initiation of such study for a 
multi-function activity, commencing on the date on which the 
preliminary planning for the study begins through the date on which a 
performance decision is rendered with respect to the function, 
excluding time during which the study is suspended because of protests 
before the Government Accountability Office or United States Court of 
Federal Claims but including time during which the study is performed 
subsequent to such protests.</DELETED>
<DELETED>    Sec. 8023.  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. 8024. (a) Of the funds made available in this Act, 
not less than $34,756,000 shall be available for the Civil Air Patrol 
Corporation, of which--</DELETED>
        <DELETED>    (1) $26,433,000 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) $7,426,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and</DELETED>
        <DELETED>    (3) $897,000 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. 8025. (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 non-profit 
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 2010 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 2010, not more 
than 5,582 staff years of technical effort (staff years) may be funded 
for defense FFRDCs, not more than 3,236 staff years may be funded for 
the systems engineering and integration FFRDCs and not more than 1,264 
staff years may be funded for laboratory FFRDCs: Provided, That of the 
specific amount referred to previously in this subsection, not more 
than 1,082 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 2011 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 
$125,200,000.</DELETED>
<DELETED>    Sec. 8026.  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. 8027.  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. 8028.  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. 8029. (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 2010. 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 title III of the Act entitled ``An Act making 
appropriations for the Treasury and Post Office Departments for the 
fiscal year ending June 30, 1934, and for other purposes'', approved 
March 3, 1933 (41 U.S.C. 10a et seq.).</DELETED>
<DELETED>    Sec. 8030.  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. 8031. (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, and Minnesota 
relocatable military housing units located at Grand Forks Air Force 
Base, Malmstrom Air Force Base, Mountain Home 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, and Minnesota.</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. 8032.  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. 8033. (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 2011 budget request for the Department 
of Defense as well as all justification material and other 
documentation supporting the fiscal year 2011 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 2011 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. 8034.  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, 2011: 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, 2011.</DELETED>
<DELETED>    Sec. 8035.  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. 8036.  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. 8037. (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 title 
III of the Act entitled ``An Act making appropriations for the Treasury 
and Post Office Departments for the fiscal year ending June 30, 1934, 
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
seq.).</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. 8038.  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 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.</DELETED>
<DELETED>    Sec. 8039. (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; or</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.</DELETED>
<DELETED>    Sec. 8040.  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 report of the Committee on 
Appropriations of the House of Representatives accompanying this 
Act.</DELETED>

                    <DELETED>(rescissions)</DELETED>

<DELETED>    Sec. 8041.  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>    ``Other Procurement, Army, 2009/2011'', 
        $131,900,000.</DELETED>
        <DELETED>    ``Shipbuilding and Conversion, Navy, 2009/2013'', 
        $177,767,000.</DELETED>
        <DELETED>    ``Other Procurement, Navy, 2009/2011'', 
        $18,844,000.</DELETED>
        <DELETED>    ``Aircraft Procurement, Air Force, 2009/2011'', 
        $687,071,000.</DELETED>
        <DELETED>    ``Missile Procurement, Air Force, 2009/2011'', 
        $60,000,000.</DELETED>
        <DELETED>    ``Other Procurement, Air Force, 2009/2011'', 
        $36,400,000.</DELETED>
        <DELETED>    ``Research, Development, Test and Evaluation, 
        Navy, 2009/2010'', $20,000,000.</DELETED>
        <DELETED>    ``Research, Development, Test and Evaluation, Air 
        Force, 2009/2010'', $70,000,000.</DELETED>
        <DELETED>    ``Research, Development, Test and Evaluation, 
        Defense-Wide, 2009/2010'', $189,357,000.</DELETED>
<DELETED>    Sec. 8042.  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. 8043.  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. 8044.  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. 8045.  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. 8046. (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. 8047.  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.</DELETED>
<DELETED>    Sec. 8048.  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. 8049.  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. 8050. (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. 8051.  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. 8052.  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. 8053.  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. 8054. (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. 8055.  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 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. 8056.  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. 8057.  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.</DELETED>
<DELETED>    Sec. 8058. (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. 8059. (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 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. 8060.  None of the funds appropriated or made 
available in this Act to the Department of the Navy shall be used to 
develop, lease or procure the T-AKE class of ships unless the main 
propulsion diesel engines and propulsors are manufactured in the United 
States by a domestically operated entity: Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes or there exists a significant 
cost or quality difference.</DELETED>
<DELETED>    Sec. 8061.  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. 8062.  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. 8063.  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. 8064.  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. 8065.  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. 8066.  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. 8067.  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. 8068.  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>    Sec. 8069.  Funds available to the Department of Defense 
for the Global Positioning System during the current fiscal year may be 
used to fund civil requirements associated with the satellite and 
ground control segments of such system's modernization 
program.</DELETED>

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

<DELETED>    Sec. 8070.  Of the amounts appropriated in this Act under 
the heading ``Operation and Maintenance, Army'', $106,754,000 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. 8071.  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 2010.</DELETED>
<DELETED>    Sec. 8072.  In addition to amounts provided elsewhere in 
this Act, $5,000,000 is hereby appropriated to the Department of 
Defense, to remain available for obligation until expended: Provided, 
That notwithstanding any other provision of law, 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. 8073.  Of the amounts appropriated in this Act under 
the heading ``Research, Development, Test and Evaluation, Defense-
Wide'', $202,434,000 shall be for the Israeli Cooperative Programs: 
Provided, That of this amount, $45,792,000 shall be for the Short Range 
Ballistic Missile Defense (SRBMD) program, $50,036,000 shall be 
available for an upper-tier component to the Israeli Missile Defense 
Architecture, and $72,400,000 shall be for the Arrow Missile Defense 
Program, of which $25,000,000 shall be for producing Arrow missile 
components in the United States and Arrow missile components in Israel 
to meet Israel's defense requirements, consistent with each nation's 
laws, regulations and procedures: Provided further, That funds made 
available under this provision for production of missiles and missile 
components may be transferred to appropriations available for the 
procurement of weapons and equipment, to be merged with and to be 
available for the same time period and the same purposes as the 
appropriation to which transferred: Provided further, That the transfer 
authority provided under this provision is in addition to any other 
transfer authority contained in this Act.</DELETED>

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

<DELETED>    Sec. 8074.  Of the amounts appropriated in this Act under 
the heading ``Shipbuilding and Conversion, Navy'', $454,586,000 shall 
be available until September 30, 2010, to fund prior year shipbuilding 
cost increases: Provided, That upon enactment of this Act, the 
Secretary of the Navy shall transfer such 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, 2004/
2010:</DELETED>
<DELETED>    New SSN, $26,906,000.</DELETED>
<DELETED>    LPD-17 Amphibious Transport Dock Program, 
$16,844,000.</DELETED>
<DELETED>    Under the heading Shipbuilding and Conversion, Navy, 2005/
2010:</DELETED>
<DELETED>    New SSN, $18,702,000.</DELETED>
<DELETED>    LPD-17 Amphibious Transport Dock Program, 
$16,498,000.</DELETED>
<DELETED>    Under the heading Shipbuilding and Conversion, Navy, 2007/
2011:</DELETED>
<DELETED>    DD(X) Program, $309,636,000.</DELETED>
<DELETED>    Under the heading Shipbuilding and Conversion, Navy, 2008/
2012:</DELETED>
<DELETED>    LPD-17 Amphibious Transport Dock Program, 
$66,000,000.</DELETED>
<DELETED>    Sec. 8075.  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>    Sec. 8076.  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, Orthotists/Prosthetists, Occupational Therapists, 
        Physical Therapists, Rehabilitation Therapy Assistants, 
        Respiratory Therapists, Speech Pathologists, Dietitian/
        Nutritionists, Industrial Hygienists, Psychology Technicians, 
        Social Service Assistants, Practical Nurses, Nursing 
        Assistants, Medical Technologists, Medical Technicians, 
        Pharmacy Technicians, Health System Specialists, Medical 
        Instrument Technicians, and Dental Hygienists:</DELETED>
                <DELETED>    (A) The requirements of section 
                7403(g)(1)(A) of title 38, United States Code, shall 
                apply.</DELETED>
                <DELETED>    (B) The limitations of section 
                7403(g)(1)(B) of title 38, United States Code, shall 
                not apply.</DELETED>
<DELETED>    Sec. 8077.  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 2010 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2010.</DELETED>
<DELETED>    Sec. 8078.  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. 8079. (a) In addition to the amounts provided 
elsewhere in this Act, $3,000,000 is hereby appropriated to the 
Department of Defense for ``Operation and Maintenance, Army National 
Guard''. Such amount shall be made available to the Secretary of the 
Army only to make a grant in the amount of $3,000,000 to the entity 
specified in subsection (b) to facilitate access by veterans to 
opportunities for skilled employment in the construction 
industry.</DELETED>
<DELETED>    (b) The entity referred to in subsection (a) is the Center 
for Military Recruitment, Assessment and Veterans Employment, a 
nonprofit labor-management cooperation committee provided for by 
section 302(c)(9) of the Labor-Management Relations Act, 1947 (29 
U.S.C. 186(c)(9)), for the purposes set forth in section 6(b) of the 
Labor Management Cooperation Act of 1978 (29 U.S.C. 175a 
note).</DELETED>
<DELETED>    Sec. 8080.  The budget of the President for fiscal year 
2011 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. 8081.  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>    Sec. 8082.  Up to $2,500,000 of the funds appropriated 
under the heading ``Operation and Maintenance, Navy'' in this Act for 
the Pacific Missile Range Facility may be made available to contract 
for the repair, maintenance, and operation of adjacent off-base water, 
drainage, and flood control systems, electrical upgrade to support 
additional missions critical to base operations, and support for a 
range footprint expansion to further guard against 
encroachment.</DELETED>
<DELETED>    Sec. 8083.  In addition to the amounts appropriated or 
otherwise made available elsewhere in this Act, $88,700,000 is hereby 
appropriated to the Department of Defense: Provided, That the Secretary 
of Defense shall make grants in the amounts specified as follows: 
$20,000,000 to the United Service Organizations; $30,000,000 to the Red 
Cross; $6,000,000 to the SOAR Virtual School District; $5,000,000 to 
The Presidio Heritage Center; $5,000,000 to the Paralympics Military 
Program; $4,800,000 to the Arrest Deterioration of Ford Island Aviation 
Control Tower, Pearl Harbor, Hawaii; $2,000,000 to the Go For Broke 
program; $1,000,000 to Our Military Kids; $3,000,000 to the New Jersey 
Technology Center; $2,000,000 to the Women in Military Service for 
America Memorial; $500,000 to the Marshall Legacy Institute; $1,000,000 
to the Vietnam Veterans Memorial Fund for Demining Activities; 
$7,400,000 to the Edward M. Kennedy Institute for the Senate; and 
$1,000,000 for the Riverside General Hospital in Houston, Texas, for 
the treatment of psychological health issues.</DELETED>
<DELETED>    Sec. 8084.  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. 8085.  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. 8086. (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. 8087.  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 the transfer authority provided by this section is in 
addition to any other transfer authority contained elsewhere in this 
Act.</DELETED>
<DELETED>    Sec. 8088.  For purposes of section 612 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. 8089. (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) None of the funds appropriated by this Act may be used 
to institute an inter-Service common contract for acquisition of MQ-1 
or MQ-1C UAVs until 30 days after the Secretary of Defense certifies to 
the congressional defense committees that a common contract would 
achieve cost savings, be interoperable with, and not create undue 
sustainment costs compared to the current fleet.</DELETED>
<DELETED>    Sec. 8090.  Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized for 
the Secretary of Veterans Affairs by section 7455 of title 38, United 
States Code.</DELETED>
<DELETED>    Sec. 8091.  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. 8092.  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, 2011.</DELETED>
<DELETED>    Sec. 8093.  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. 8094.  Notwithstanding any other provision of law, 
that 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. 8095.  The Secretary of Defense shall create a major 
force program category for space for the Future Years Defense Program 
of the Department of Defense. 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. 8096.  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 
        $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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    Sec. 8097.  Notwithstanding any other provision of law, 
none of the funds made available in this Act may be used to pay 
negotiated indirect cost rates on a contract, grant, or cooperative 
agreement (or similar arrangement) entered into by the Department of 
Defense and an entity in excess of 35 percent of the total cost of the 
contract, grant, or agreement (or similar arrangement): Provided, That 
this limitation shall apply only to funds made available in this Act 
for basic research.</DELETED>
<DELETED>    Sec. 8098.  The Secretary of Defense shall maintain on the 
homepage of the Internet website of the Department of Defense a direct 
link to the Internet website of the Office of Inspector General of the 
Department of Defense.</DELETED>
<DELETED>    Sec. 8099. (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 2010: 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 and project; 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 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.</DELETED>
<DELETED>    Sec. 8100.  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. 8101.  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. 8102.  The Department of Defense shall continue to 
report incremental contingency operations costs for Operation Iraqi 
Freedom 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. 8103. (a) Continuation of Stop-Loss Special Pay.--In 
addition to the amounts appropriated or otherwise made available 
elsewhere in this Act, $8,300,000 is hereby appropriated to the 
Secretary of Defense to carry out this section. Such amount shall be 
made available to the Secretaries of the military departments only to 
provide special pay during fiscal year 2010 to members of the Army, 
Navy, Air Force, and Marine Corps, including members of their reserve 
components, who, at any time during fiscal year 2010, serve on active 
duty while the members' enlistment or period of obligated service is 
extended, or whose eligibility for retirement is suspended, pursuant to 
section 123 or 12305 of title 10, United States Code, or any other 
provision of law (commonly referred to as a ``stop-loss authority'') 
authorizing the President to extend an enlistment or period of 
obligated service, or suspend an eligibility for retirement, of a 
member of the uniformed services in time of war or of national 
emergency declared by Congress or the President.</DELETED>
<DELETED>    (b) Special Pay Amount.--The amount of the special pay 
paid under subsection (a) to or on behalf of an eligible member shall 
be $500 per month for each month or portion of a month during fiscal 
year 2010 that the member is retained on active duty as a result of 
application of the stop-loss authority.</DELETED>
<DELETED>    (c) Treatment of Deceased Members.--If an eligible member 
described in subsection (a) dies before the payment required by this 
section is made, the Secretary concerned shall make the payment in 
accordance with section 2771 of title 10, United States Code.</DELETED>
<DELETED>    (d) Clarification of Retroactive Stop-Loss Special Pay 
Authority.--Section 310 of the Supplemental Appropriations Act, 2009 
(Public Law 111-32) is amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(i) Effect of Subsequent Reenlistment of Voluntary 
Extension of Service.--Members of the Armed Forces, retired members, 
and former members otherwise described in subsection (a) are not 
eligible for a payment under this section if the members--</DELETED>
        <DELETED>    ``(1) voluntarily reenlisted or extended their 
        service after their enlistment or period of obligated service 
        was extended, or after their eligibility for retirement was 
        suspended, pursuant to a stop-loss authority; and</DELETED>
        <DELETED>    ``(2) received a bonus for such reenlistment or 
        extension of service.''.</DELETED>
<DELETED>    Sec. 8104.  Appropriations available to the Department of 
Defense for the purchase of heavy and light armored vehicles for force 
protection purposes may be used for such purchase, up to a limit of 
$262,000 per vehicle, notwithstanding other limitations applicable to 
the purchase of passenger carrying vehicles.</DELETED>

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

<DELETED>    Sec. 8105.  During the current fiscal year, not to exceed 
$12,000,000 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. 8106.  Of the funds appropriated in the Intelligence 
Community Management Account for the Program Manager for the 
Information Sharing Environment, $24,000,000 is available for transfer 
by the Director of National Intelligence to other departments and 
agencies for purposes of Government-wide information sharing 
activities: Provided, That the funds transferred under this provision 
are 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 the Office of Management and Budget must approve 
any transfers made under this provision.</DELETED>
<DELETED>    Sec. 8107. (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 of 
funds in accordance with section 102A(d) of the National Security Act 
of 1947 (50 U.S.C. 403-1(d)) unless the Committees on Appropriations of 
the House of Representatives and the Senate are notified 15 days in 
advance of the reprogramming that--</DELETED>
        <DELETED>    (1) creates or initiates a new program, project or 
        activity;</DELETED>
        <DELETED>    (2) eliminates a program, project or 
        activity;</DELETED>
        <DELETED>    (3) augments funds for existing projects in excess 
        of 10 percent or more; or</DELETED>
        <DELETED>    (4) reduces by 10 percent or more funding or 
        personnel for a project.</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 of 
funds in accordance with section 102A(d) of the National Security Act 
of 1947 (50 U.S.C. 403-1(d)) made after August 1, 2010, except in 
extraordinary circumstances and after the Committees on Appropriations 
of the House of Representatives and the Senate are notified 30 days in 
advance of the reprogramming.</DELETED>
<DELETED>    Sec. 8108.  None of the funds appropriated or otherwise 
made available by this Act, or that remain available for obligation for 
the Department of Defense from the Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-
329), the American Recovery and Reinvestment Act of 2009 (Public Law 
111-5), and the Supplemental Appropriations Act, 2009 (Public Law 111-
32), may be used 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, as of the date of enactment of this Act.</DELETED>

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

<DELETED>    Sec. 8109.  During the current fiscal year, the Secretary 
of Defense may transfer to the appropriation ``Foreign Currency 
Fluctuations, Defense'' unobligated amounts of funds appropriated for 
operation and maintenance for fiscal year 2007, 2008, or 2009 and 
unobligated amounts of funds appropriated for military personnel for 
any of such fiscal years if such unobligated amounts are not necessary 
for the liquidation of obligations or for the making of authorized 
adjustments to such appropriations for obligations incurred during the 
period of availability of such appropriations: Provided, That the 
amount in the appropriation ``Foreign Currency Fluctuations, Defense'' 
may not exceed the amount specified in subsection 2779(d) of title 10, 
United States Code, as a result of the transfer: Provided further, That 
the transfer authority provided by this section is in addition to any 
other transfer authority contained in this Act.</DELETED>
<DELETED>    Sec. 8110.  The amounts appropriated in title II of this 
Act are hereby reduced by $289,570,000 to reflect excess cash balances 
in Department of Defense Working Capital Funds.</DELETED>
<DELETED>    Sec. 8111. (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 current fiscal year no funds may be 
obligated or expended for a financial management automated information 
system, a mixed information system supporting financial and non-
financial systems, or a business system improvement of more than 
$1,000,000, within the Intelligence Community until the Director of 
National Intelligence certifies to the congressional intelligence 
committees that the system is being developed and managed in accordance 
with the Business Transformation requirements.</DELETED>
<DELETED>    (b) The Director of the Business Transformation Office 
shall provide the congressional intelligence committees notification of 
approvals under paragraph (1) no later than 30 days after 
certification. Each such notification shall include a statement 
confirming that the following steps have been taken with respect to the 
system:</DELETED>
        <DELETED>    (1) Business process reengineering.</DELETED>
        <DELETED>    (2) An analysis of alternatives and an economic 
        analysis that includes a calculation of the return on 
        investment.</DELETED>
        <DELETED>    (3) Assurance the system is compatible with the 
        enterprise-wide business architecture.</DELETED>
        <DELETED>    (4) Performance measures.</DELETED>
        <DELETED>    (5) An information assurance strategy consistent 
        with the Chief Information Officer of the Intelligence 
        Community.</DELETED>
<DELETED>    (c) This section shall not apply to any programmatic or 
analytic systems or programmatic or analytic system 
improvements.</DELETED>

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

<DELETED>    Sec. 8112. (a) In addition to funds made available 
elsewhere in this Act, there is hereby appropriated $439,615,000 to 
remain available until transferred: Provided, That these funds are 
appropriated to the ``Tanker Replacement Transfer Fund'' (referred to 
as ``the Fund'' elsewhere in this section): Provided further, That the 
Secretary of the Air Force may transfer amounts in the Fund to 
``Operation and Maintenance, Air Force'', ``Aircraft Procurement, Air 
Force'', and ``Research, Development, Test and Evaluation, Air Force'', 
only for the purposes of proceeding with a tanker acquisition program: 
Provided further, That funds transferred shall be merged with and be 
available for the same purposes and for the same time period as the 
appropriations or fund to which transferred: Provided further, That 
this transfer authority is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That the 
Secretary of the Air Force shall, not fewer than 15 days prior to 
making transfers using funds provided in this section, notify the 
congressional defense committees in writing of the details of any such 
transfer: Provided further, That the Secretary shall submit a report no 
later than 30 days after the end of each fiscal quarter to the 
congressional defense committees summarizing the details of the 
transfer of funds from this appropriation.</DELETED>
<DELETED>    (b) The Secretary of Defense is directed to award one or 
more contracts for the aerial refueling tanker replacement program 
according to either of the following alternatives:</DELETED>
        <DELETED>    (1) A contract to a single offeror based on a best 
        value or lowest cost source selection derived from full and 
        open competition, subject to the condition that non-development 
        aircraft produced under such contract must be finally assembled 
        in the United States. Such competition and source selection 
        shall include evaluation of the life-cycle costs of each 
        aircraft over a 40-year period (including costs of fuel 
        consumption, military construction and other factors normally 
        associated with operation and support of tanker aircraft) and 
        shall include an independent 40-year life-cycle cost estimate 
        conducted by a federally funded research and development 
        center.</DELETED>
        <DELETED>    (2) Contracts awarded to each of the two offerors 
        that responded to Request for Proposal No. FA8625-07-R-6470 (as 
        released on January 29, 2007) subject to the condition that all 
        non-development aircraft produced under any such contracts must 
        be finally assembled in the United States.</DELETED>
<DELETED>    (c) The Secretary of Defense shall certify in writing to 
the congressional defense committees by October 1, 2009, which of the 
procurement alternatives in subsection (b) represents the most cost-
effective and expeditious tanker replacement strategy that best 
responds to United States national security requirements. The 
certification shall be accompanied by a report to the congressional 
defense committees detailing the rationale for such 
certification.</DELETED>
<DELETED>    Sec. 8113. (a) Under regulations prescribed by the 
Secretary of Defense, the Secretary concerned shall provide any member 
or former member of the Armed Forces with the benefits specified in 
subsection (b) if the member or former member would, on any day during 
the period beginning on January 19, 2007, and ending on the date of the 
implementation of the Post-Deployment/Mobilization Respite Absence 
(PDMRA) program by the Secretary concerned, have qualified for a day of 
administrative absence under the Post-Deployment/Mobilization Respite 
Absence program had the program been in effect during such 
period.</DELETED>
<DELETED>    (b) Benefits.--The benefits authorized under this section 
are the following:</DELETED>
        <DELETED>    (1) In the case of an individual who is a former 
        member of the Armed Forces at the time of the provision of 
        benefits under this section, payment of an amount not to exceed 
        $200 for each day the individual would have qualified for a day 
        of administrative absence as described in subsection (a) during 
        the period specified in that subsection.</DELETED>
        <DELETED>    (2) In the case of an individual who is a member 
        of the Armed Forces at the time of the provision of benefits 
        under this section, either one day of administrative absence or 
        payment of an amount not to exceed $200, as selected by the 
        Secretary concerned, for each day the individual would have 
        qualified for a day of administrative absence as described in 
        subsection (a) during the period specified in that 
        subsection.</DELETED>
<DELETED>    (c) Exclusion of Certain Former Members.--A former member 
of the Armed Forces is not eligible under this section for the benefits 
specified in subsection (b)(1) if the former member was discharged or 
released from the Armed Forces under other than honorable 
conditions.</DELETED>
<DELETED>    (d) Maximum Number of Days of Benefits.--Not more than 40 
days of benefits may be provided to a member or former member of the 
Armed Forces under this section.</DELETED>
<DELETED>    (e) Form of Payment.--The paid benefits authorized under 
this section may be paid in a lump sum or installments, at the election 
of the Secretary concerned.</DELETED>
<DELETED>    (f) Construction With Other Pay and Leave.--The benefits 
provided a member or former member of the Armed Forces under this 
section are in addition to any other pay, absence, or leave provided by 
law.</DELETED>
<DELETED>    (g) Definitions.--In this section:</DELETED>
        <DELETED>    (1) The term ``Post-Deployment/Mobilization 
        Respite Absence program'' means the program of a military 
        department to provide days of administrative absence not 
        chargeable against available leave to certain deployed or 
        mobilized members of the Armed Forces in order to assist such 
        members in reintegrating into civilian life after deployment or 
        mobilization.</DELETED>
        <DELETED>    (2) The term ``Secretary concerned'' has the 
        meaning given that term in section 101(5) of title 37, United 
        States Code.</DELETED>
<DELETED>    (h) Termination.--</DELETED>
        <DELETED>    (1) The authority to provide benefits under this 
        section shall expire on the date that is 1 year after the date 
        of the enactment of this Act.</DELETED>
        <DELETED>    (2) Expiration under this subsection of the 
        authority to provide benefits under this section shall not 
        affect the utilization of any day of administrative absence 
        provided a member of the Armed Forces under subsection (b)(2), 
        or the payment of any payment authorized a member or former 
        member of the Armed Forces under subsection (b), before the 
        expiration of the authority in this section.</DELETED>
<DELETED>    Sec. 8114. (a) Resettlement Support and Other Public 
Benefits for Certain Iraqi Refugees.--Section 1244(g) of the Refugee 
Crisis in Iraq Act of 2007 (subtitle C of title XII of division A of 
Public Law 110-181; 122 Stat. 398) is amended by striking ``for a 
period not to exceed eight months'' and inserting ``to the same extent, 
and for the same periods of time, as such refugees''.</DELETED>
<DELETED>    (b) Resettlement Support and Other Public Benefits for 
Certain Afghan Allies.--Section 602(b)(8) of the Afghan Allies 
Protection Act of 2009 (title VI of division F of Public Law 111-8; 123 
Stat. 809) is amended by striking ``for a period not to exceed 8 
months'' and inserting ``to the same extent, and for the same periods 
of time, as such refugees''.</DELETED>
<DELETED>    Sec. 8115. (a) With respect to the list of specific 
programs, projects and activities contained in the tables entitled 
``Explanation of Project Level Adjustments'' in the report of the 
Committee on Appropriations of the House of Representatives, those 
which are considered congressional earmarks for purposes of rule XXI of 
the House of Representatives, when awarded to a for profit entity, 
shall be awarded under full and open competition.</DELETED>
<DELETED>    (b) For profit entities previously awarded a contract with 
the Department of Defense which remains in effect during fiscal year 
2010, to provide such programs projects or activities as described in 
subsection (a), shall be considered to have satisfied the conditions of 
full and open competition, provided that any such contract was awarded 
under full and open competition.</DELETED>
<DELETED>    Sec. 8116.  The amounts appropriated in title II of this 
Act are hereby reduced from the specified accounts in the specified 
amounts:</DELETED>
<DELETED>    ``Operation and Maintenance, Navy'', 
$192,000,000.</DELETED>
<DELETED>    ``Operation and Maintenance, Marine Corps'', 
$28,000,000.</DELETED>
<DELETED>    ``Operation and Maintenance, Air Force'', 
$188,000,000.</DELETED>
<DELETED>    ``Operation and Maintenance, Defense-Wide'', 
$142,000,000.</DELETED>
<DELETED>    Sec. 8117.  In carrying out Congressionally Directed 
Medical Research programs related to breast cancer research, the 
Secretary of Defense shall ensure the following:</DELETED>
        <DELETED>    (1) The selection process for choosing an 
        individual to serve as a member of an integration panel shall 
        be fair and representative of the interested community so that 
        the integration panel consists of a diverse representation of 
        the breast cancer survivor and advocacy community.</DELETED>
        <DELETED>    (2) An individual serving as a member of an 
        integration panel may not be an employee, serve on the board 
        of, or have a financial relationship with the same organization 
        (including any organization related to such organization 
        through common board membership, financial support, or other 
        similar relationship) as that of another individual serving as 
        a member of such panel.</DELETED>
<DELETED>    Sec. 8118.  None of the funds appropriated or otherwise 
made available by this Act, or that remain available for obligation for 
the Department of Defense from the Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-
329), the American Recovery and Reinvestment Act of 2009 (Public Law 
111-5), and the Supplemental Appropriations Act, 2009 (Public Law 111-
32), may be used to eliminate any personnel positions from the 194th 
Regional Support Wing of the United States Air National Guard as of the 
date of enactment of this Act.</DELETED>
<DELETED>    Sec. 8119. (a) None of the funds made available in this or 
any prior Act may be used to release an individual who is detained, as 
of April 30, 2009, at Naval Station, Guantanamo Bay, Cuba, into the 
continental United States, Alaska, Hawaii, the District of Columbia, or 
any of the United States territories of Guam, American Samoa (AS), the 
United States Virgin Islands (USVI), the Commonwealth of Puerto Rico 
and the Commonwealth of the Northern Mariana Islands (CNMI).</DELETED>
<DELETED>    (b) None of the funds made available in this or any prior 
Act may be used to transfer an individual who is detained, as of April 
30, 2009, at the Naval Station, Guantanamo Bay, Cuba, into the 
continental United States, Alaska, Hawaii, the District of Columbia, or 
any of the United States territories of Guam, American Samoa (AS), the 
United States Virgin Islands (USVI), the Commonwealth of Puerto Rico 
and the Commonwealth of the Northern Mariana Islands (CNMI), for the 
purposes of detaining or prosecuting such individual until 2 months 
after the plan detailed in subsection (c) is received.</DELETED>
<DELETED>    (c) The President shall submit to the Congress, in 
writing, a comprehensive plan regarding the proposed disposition of 
each individual who is detained, as of April 30, 2009, at Naval 
Station, Guantanamo Bay, Cuba, who is not covered under subsection (d). 
Such plan shall include, at a minimum, each of the following for each 
such individual:</DELETED>
        <DELETED>    (1) The findings of an analysis regarding any risk 
        to the national security of the United States that is posed by 
        the transfer of the individual.</DELETED>
        <DELETED>    (2) The costs associated with not transferring the 
        individual in question.</DELETED>
        <DELETED>    (3) The legal rationale and associated court 
        demands for transfer.</DELETED>
        <DELETED>    (4) A certification by the President that any risk 
        described in paragraph (1) has been mitigated, together with a 
        full description of the plan for such mitigation.</DELETED>
        <DELETED>    (5) A certification by the President that the 
        President has submitted to the Governor and legislature of the 
        State or territory (or, in the case of the District of 
        Columbia, to the Mayor of the District of Columbia) to which 
        the President intends to transfer the individual a 
        certification in writing at least 30 days prior to such 
        transfer (together with supporting documentation and 
        justification) that the individual does not pose a security 
        risk to the United States.</DELETED>
<DELETED>    (d) None of the funds made available in this or any prior 
Act may be used to transfer or release an individual detained at Naval 
Station, Guantanamo Bay, Cuba, as of April 30, 2009, to the country of 
such individual's nationality or last habitual residence or to the 
freely associated States of the Federated States of Micronesia (FSM), 
the Republic of the Marshall Islands (RMI), or the Republic of Palau, 
or to any other country other than the United States, unless the 
President submits to the Congress, in writing, at least 30 days prior 
to such transfer or release, the following information:</DELETED>
        <DELETED>    (1) The name of any individual to be transferred 
        or released and the country to which such individual is to be 
        transferred or released.</DELETED>
        <DELETED>    (2) An assessment of any risk to the national 
        security of the United States or its citizens, including 
        members of the Armed Services or the United States, that is 
        posed by such transfer or release and the actions taken to 
        mitigate such risk.</DELETED>
        <DELETED>    (3) The terms of any agreement with another 
        country for acceptance of such individual, including the amount 
        of any financial assistance related to such 
        agreement.</DELETED>
<DELETED>    Sec. 8120.  None of the funds appropriated or otherwise 
made available in this Act may be used for advance procurement of the 
F-22 aircraft: Provided, That $368,800,000 of the funds made available 
in title III under the heading ``Aircraft Procurement, Air Force'' may 
be available for the following programs in the following 
amounts:</DELETED>
        <DELETED>    (1) $64,000,000 for production line shut down 
        activities for the F-22.</DELETED>
        <DELETED>    (2) $138,800,000 for spare engines for F-22 and C-
        17 aircraft.</DELETED>
        <DELETED>    (3) $79,000,000 for LAIRCM kits for the Air 
        National Guard.</DELETED>
        <DELETED>    (4) $37,000,000 for advanced targeting 
        pods.</DELETED>
        <DELETED>    (5) $50,000,000 for advanced radar 
        development.</DELETED>
<DELETED>    Sec. 8121.  The amount appropriated in title VI under the 
heading ``Defense Health Program'' for operation and maintenance is 
hereby reduced by $26,000,000 and the amount appropriated under such 
heading for research, development, test, and evaluation is hereby 
increased by $26,000,000.</DELETED>
<DELETED>    Sec. 8122.  None of the funds appropriated or otherwise 
made available in this Act may be used to award to a contractor, or 
convert to performance by a contractor, the provision of utilities at 
the United States Military Academy at West Point.</DELETED>
<DELETED>    Sec. 8123.  The amounts otherwise provided by this Act are 
revised by reducing the amount made available under title II under the 
heading ``Operation and Maintenance, Air Force'', and increasing the 
amount available under title VI under the heading ``Chemical Agents and 
Munitions Destruction, Defense'', by $50,000,000.</DELETED>
<DELETED>    Sec. 8124.  None of the funds appropriated or otherwise 
made available in this Act may be used by the Secretary of the Army to 
convert government-owned ammunition production assets to the private 
sector.</DELETED>

                      <DELETED>TITLE IX</DELETED>

      <DELETED>OVERSEAS DEPLOYMENTS AND OTHER ACTIVITIES</DELETED>

                 <DELETED>MILITARY PERSONNEL</DELETED>

              <DELETED>Military Personnel, Army</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Army'', 
$10,492,723,000: Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

              <DELETED>Military Personnel, Navy</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Navy'', 
$1,622,717,000:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Military Personnel, Marine 
Corps'', $997,470,000:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Military Personnel, Air 
Force'', $1,855,337,000:  Provided, That the amount under this heading 
is designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

               <DELETED>Reserve Personnel, Army</DELETED>

<DELETED>    For an additional amount for ``Reserve Personnel, Army'', 
$302,637,000:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

               <DELETED>Reserve Personnel, Navy</DELETED>

<DELETED>    For an additional amount for ``Reserve Personnel, Navy'', 
$39,040,000:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Reserve Personnel, Marine 
Corps'', $31,337,000: Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Reserve Personnel, Air 
Force'', $24,822,000:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``National Guard Personnel, 
Army'', $839,966,000:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``National Guard Personnel, 
Air Force'', $18,500,000:  Provided, That the amount under this heading 
is designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

              <DELETED>OPERATION AND MAINTENANCE</DELETED>

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

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army'', $41,836,029,000:  Provided, That the amount under this heading 
is designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Navy'', $4,975,665,000: Provided, That up to $241,503,000 of the amount 
under this heading shall be transferred to the Coast Guard ``Operating 
Expenses'' account: Provided further, That the amount under this 
heading is designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.</DELETED>

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

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Marine Corps'', $2,961,279,000:  Provided, That the amount under this 
heading is designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.</DELETED>

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

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Air Force'', $7,858,895,000:  Provided, That the amount under this 
heading is designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.</DELETED>

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

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Defense-Wide'', $7,397,800,000, of which:</DELETED>
        <DELETED>    (1) Not to exceed $12,500,000 for the Combatant 
        Commander Initiative Fund, to be used in support of Operation 
        Iraqi Freedom and Operation Enduring Freedom.</DELETED>
        <DELETED>    (2) Not to exceed $1,540,000,000, 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 Iraqi Freedom 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 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:  Provided further, That the amount under 
        this heading is designated as being for overseas deployments 
        and other activities pursuant to section 423(a)(1) of S. Con. 
        Res. 13 (111th Congress), the concurrent resolution on the 
        budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army Reserve'', $163,461,000:  Provided, That the amount under this 
heading is designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.</DELETED>

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

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Navy Reserve'', $54,447,000:  Provided, That the amount under this 
heading is designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.</DELETED>

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

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Marine Corps Reserve'', $69,333,000:  Provided, That the amount under 
this heading is designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.</DELETED>

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

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Air Force Reserve'', $100,740,000:  Provided, That the amount under 
this heading is designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.</DELETED>

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

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army National Guard'', $257,317,000:  Provided, That the amount under 
this heading is designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.</DELETED>

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

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Air National Guard'', $231,889,000:  Provided, That the amount under 
this heading is designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.</DELETED>

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

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

<DELETED>    For an additional amount for expenses directly relating to 
overseas contingency operations by United States military forces, 
$14,636,901,000, to remain available for obligation until expended: 
Provided, That of the funds made available under this heading, the 
Secretary of Defense may transfer these funds only to military 
personnel accounts, operation and maintenance accounts, the defense 
health program appropriation, and working capital funds 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 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 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 the amount under this heading is designated as 
being for overseas deployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent 
resolution on the budget for fiscal year 2010.</DELETED>

          <DELETED>Afghanistan Security Forces Fund</DELETED>

<DELETED>    For the ``Afghanistan Security Forces Fund'', 
$7,462,769,000, to remain available until September 30, 2011: 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 amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>

                     <DELETED>PROCUREMENT</DELETED>

             <DELETED>Aircraft Procurement, Army</DELETED>

<DELETED>    For an additional amount for ``Aircraft Procurement, 
Army'', $1,636,229,000, to remain available until September 30, 2012:  
Provided, That the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>

              <DELETED>Missile Procurement, Army</DELETED>

<DELETED>    For an additional amount for ``Missile Procurement, 
Army'', $469,470,000, to remain available until September 30, 2012:  
Provided, That the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</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'', $1,219,466,000, to remain available 
until September 30, 2012:  Provided, That the amount under this heading 
is designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Procurement of Ammunition, 
Army'', $370,635,000, to remain available until September 30, 2012:  
Provided, That the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>

               <DELETED>Other Procurement, Army</DELETED>

<DELETED>    For an additional amount for ``Other Procurement, Army'', 
$5,635,306,000, to remain available until September 30, 2012:  
Provided, That the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>

             <DELETED>Aircraft Procurement, Navy</DELETED>

<DELETED>    For an additional amount for ``Aircraft Procurement, 
Navy'', $889,097,000, to remain available until September 30, 2012:  
Provided, That the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>

              <DELETED>Weapons Procurement, Navy</DELETED>

<DELETED>    For an additional amount for ``Weapons Procurement, 
Navy'', $73,700,000, to remain available until September 30, 2012:  
Provided, That the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Procurement of Ammunition, 
Navy and Marine Corps'', $698,780,000, to remain available until 
September 30, 2012:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

               <DELETED>Other Procurement, Navy</DELETED>

<DELETED>    For an additional amount for ``Other Procurement, Navy'', 
$260,797,000, to remain available until September 30, 2012:  Provided, 
That the amount under this heading is designated as being for overseas 
deployments and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution on the budget 
for fiscal year 2010.</DELETED>

              <DELETED>Procurement, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Procurement, Marine 
Corps'', $1,100,268,000, to remain available until September 30, 2012:  
Provided, That the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Aircraft Procurement, Air 
Force'', $825,718,000, to remain available until September 30, 2012:  
Provided, That the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Missile Procurement, Air 
Force'', $36,625,000, to remain available until September 30, 2012:  
Provided, That the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Procurement of Ammunition, 
Air Force'', $256,819,000, to remain available until September 30, 
2012:  Provided, That the amount under this heading is designated as 
being for overseas deployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent 
resolution on the budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Other Procurement, Air 
Force'', $2,275,238,000, to remain available until September 30, 2012:  
Provided, That the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Procurement, Defense-
Wide'', $489,980,000, to remain available until September 30, 2012:  
Provided, That the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>

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

<DELETED>    For procurement of items of equipment as designated by the 
Chief of the National Guard Bureau and the Chiefs of the reserve 
components of the Armed Forces, $500,000,000, to remain available for 
obligation until September 30, 2012, of which $300,000,000 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 the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>

               <DELETED>Rapid Acquisition Fund</DELETED>

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

<DELETED>    There is hereby established in the Treasury of the United 
States the Rapid Acquisition Fund. For the Rapid Acquisition Fund, 
$40,000,000, to remain available until September 30, 2012: Provided, 
That such funds shall be available to the Secretary of Defense, with 
the advice of the Chairman of the Joint Chiefs of Staff, for the 
purpose of providing for Joint Urgent Operational Needs: Provided 
further, That the Secretary of Defense may transfer such funds to 
appropriations for operation and maintenance; procurement; and 
research, development, test and evaluation: Provided further, That 
funds so transferred shall be merged with and shall be available for 
the same purposes and the same time period as that account 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 funds may be transferred back to 
this appropriation: Provided further, That the transfer authority 
provided herein is in addition to any other transfer authority 
available to the Department of Defense:  Provided further, That the 
amount under this heading is designated as being for overseas 
deployments and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution on the budget 
for fiscal year 2010.</DELETED>

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

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

<DELETED>    For the Mine Resistant Ambush Protected Vehicle Fund, 
$3,606,000,000, to remain available until September 30, 2011: 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 for 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 upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
funds may be transferred back to this appropriation:  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 the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</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'', $57,962,000, to remain available until 
September 30, 2011:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Research, Development, Test 
and Evaluation, Navy'', $38,280,000, to remain available until 
September 30, 2011:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Research, Development, Test 
and Evaluation, Air Force'', $29,286,000, to remain available until 
September 30, 2011:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

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

<DELETED>    For an additional amount for ``Research, Development, Test 
and Evaluation, Defense-Wide'', $115,826,000, to remain available until 
September 30, 2011:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

           <DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>

            <DELETED>Defense Working Capital Funds</DELETED>

<DELETED>    For an additional amount for ``Defense Working Capital 
Funds'', $412,215,000:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</DELETED>

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

               <DELETED>Defense Health Program</DELETED>

<DELETED>    For an additional amount for ``Defense Health Program'', 
$1,155,235,000, which shall be for operation and maintenance:  
Provided, That the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>

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

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

<DELETED>    For an additional amount for ``Drug Interdiction and 
Counter-Drug Activities'', $317,603,000, to remain available until 
September 30, 2011:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</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'', $1,490,000,000, of which $730,000,000 shall be 
for Attack the Network, to remain available until September 30, 2011; 
$600,000,000 shall be for Defeat the Device, to remain available until 
September 30, 2012; and $160,000,000 shall be for Train the Force, to 
remain available until September 30, 2010:  Provided, That the amount 
under this heading is designated as being for overseas deployments and 
other activities pursuant to section 423(a)(1) of S. Con. Res. 13 
(111th Congress), the concurrent resolution on the budget for fiscal 
year 2010.</DELETED>

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

<DELETED>    For an additional amount for the ``Office of the Inspector 
General'', $8,876,000:  Provided, That the amount under this heading is 
designated as being for overseas deployments and other activities 
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.</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 fiscal year 2010.</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, with 
the exception of the ``Overseas Contingency Operations Transfer Fund'': 
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, 2010: Provided 
further, That the amount in this section is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>
<DELETED>    Sec. 9003.  Supervision and administration costs 
associated with a construction project funded with appropriations 
available for operation and maintenance or the ``Afghanistan Security 
Forces Fund'' provided in this Act and executed in direct support of 
overseas contingency operations in Afghanistan or Iraq, 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 motor vehicles for use by military 
and civilian employees of the Department of Defense in Iraq and 
Afghanistan, up to a limit of $75,000 per vehicle, notwithstanding 
other limitations applicable to passenger carrying motor 
vehicles.</DELETED>
<DELETED>    Sec. 9005.  Not to exceed $1,300,000,000 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, for the 
purpose of enabling military commanders in Iraq and Afghanistan to 
respond to urgent humanitarian relief and reconstruction requirements 
within their areas of responsibility: Provided, That not later than 15 
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, of the funds 
provided, $500,000,000 shall not be available until 5 days after the 
Secretary of Defense has completed a thorough review of the Commander's 
Emergency Response Program and provided a report on his findings to the 
congressional defense committees.</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>(including transfer of funds)</DELETED>

<DELETED>    Sec. 9007.  During fiscal year 2010 and from funds in the 
``Defense Cooperation Account'', as established by 10 U.S.C. 2608, the 
Secretary of Defense may transfer not to exceed $6,500,000 to such 
appropriations or funds of the Department of Defense as the Secretary 
shall determine for use consistent with the purposes for which such 
funds were contributed and accepted: Provided, That such amounts shall 
be available for the same time period as the appropriation to which 
transferred: Provided further, That the Secretary shall report to the 
Congress all transfers made pursuant to this authority: Provided 
further, That the amount in this section is designated as being for 
overseas deployments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010.</DELETED>
<DELETED>    Sec. 9008.  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. 9009.  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. 9010. (a) Report on Iraq Troop Drawdown Status, 
Goals, and Timetable.--In recognition and support of the policy of 
President Barack Obama to withdraw all United States combat brigades 
from Iraq by August 31, 2010, and all United States military forces 
from Iraq on December 31, 2011, Congress directs the Secretary of 
Defense (in consultation with other members of the National Security 
Council) to prepare a report that identifies troop drawdown status and 
goals and includes--</DELETED>
        <DELETED>    (1) a detailed, month-by-month description of the 
        transition of United States military forces and equipment out 
        of Iraq; and</DELETED>
        <DELETED>    (2) a detailed, month-by-month description of the 
        transition of United States contractors out of Iraq.</DELETED>
<DELETED>    (b) Elements of Report.--At a minimum, the Secretary of 
Defense shall address the following:</DELETED>
        <DELETED>    (1) How the Government of Iraq is assuming the 
        responsibility for reconciliation initiatives as the mission of 
        the United States Armed Forces transitions.</DELETED>
        <DELETED>    (2) How the drawdown of military forces complies 
        with the President's planned withdrawal of combat brigades by 
        August 31, 2010, and all United States forces by December 31, 
        2011.</DELETED>
        <DELETED>    (3) The roles and responsibilities of remaining 
        contractors in Iraq as the United States mission evolves, 
        including the anticipated number of United States contractors 
        to remain in Iraq after August 31, 2010, and December 31, 
        2011.</DELETED>
<DELETED>    (c) Submission.--</DELETED>
        <DELETED>    (1) Not later than 90 days after the date of 
        enactment of this Act, and every 90 days thereafter through 
        September 30, 2010, the Secretary of Defense shall submit the 
        report required by subsection (a) and a classified annex to the 
        report, as necessary.</DELETED>
        <DELETED>    (2) The Secretary may submit the report required 
        by subsection (a) separately as provided in paragraph (1) or 
        include the information required by this report when submitting 
        reports required of the Secretary under section 9204 of the 
        Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 
        Stat. 2410).</DELETED>

                       <DELETED>TITLE X</DELETED>

            <DELETED>ADDITIONAL GENERAL PROVISIONS</DELETED>

<DELETED>    Sec. 1001.  Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on the use of hyperbaric oxygen therapy (in this 
section referred to as ``HBOT'') under the Secretary of Defense. Such 
report shall include the following:</DELETED>
        <DELETED>    (1) The number of members of the Armed Forces, 
        veterans, and civilians being treated with HBOT.</DELETED>
        <DELETED>    (2) The types of conditions being treated with 
        HBOT and the respective success rates for each 
        condition.</DELETED>
        <DELETED>    (3) The current inventory of all hyperbaric 
        chambers being used by the Secretary of Defense (including the 
        locations, the purposes, and the rate of use of such 
        chambers).</DELETED>
        <DELETED>    (4) Any plans for expanding the use of HBOT for 
        treatment.</DELETED>
<DELETED>     This Act may be cited as the ``Department of Defense 
Appropriations Act, 2010''.</DELETED>
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2010, for military functions administered by the 
Department of Defense and for other purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty, (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $41,267,448,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $25,440,472,000.

                    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, $12,883,790,000.

                     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, $26,378,761,000.

                        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, $4,286,656,000.

                        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, $1,905,166,000.

                    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, 
$611,500,000.

                      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, $1,584,712,000.

                     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, 
$7,535,088,000.

                  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, 
$2,923,599,000.

                                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, $30,667,886,000.

                    Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $14,657,000 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, 
$34,773,497,000.

                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, 
$5,435,923,000.

                  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, $33,739,447,000.

                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, 
$28,205,050,000: Provided, That not more than $50,000,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code: Provided further, That not to 
exceed $36,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of Defense, and payments may be made on his certificate of necessity 
for confidential military purposes: Provided further, That of the funds 
provided under this heading, not less than $29,732,000 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 
$6,667,000, to remain available until expended, is available only for 
expenses relating to certain classified activities, and may be 
transferred as necessary by the Secretary to operation and maintenance 
appropriations or research, development, test and evaluation 
appropriations, to be merged with and to be available for the same time 
period as the appropriations to which transferred: Provided further, 
That any ceiling on the investment item unit cost of items that may be 
purchased with operation and maintenance funds shall not apply to the 
funds described in the preceding proviso: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $2,582,624,000.

                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, $1,272,501,000.

            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, $219,425,000.

              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, $3,085,700,000.

             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), $5,989,034,000.

             Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department 
of Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $5,857,011,000.

          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, $13,932,000, 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, $430,864,000, 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, $285,869,000, 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, $494,276,000, 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, $11,100,000, 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, $307,700,000, 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), $109,869,000, to remain available until 
September 30, 2011.

                  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, $424,093,000, to remain available until September 30, 2012: 
Provided, That of the amounts provided under this heading, not less 
than $15,000,000 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, $100,000,000.

                               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, $5,244,252,000, to remain available for obligation until 
September 30, 2012.

                       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, $1,257,053,000, to remain available for obligation until 
September 30, 2012.

        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, 
$2,310,007,000, to remain available for obligation until September 30, 
2012.

                    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, $2,049,995,000, to remain available for 
obligation until September 30, 2012.

                        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; and the 
purchase of eight vehicles required for physical security of personnel, 
notwithstanding price limitations applicable to passenger vehicles but 
not to exceed $250,000 per vehicle; 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, $9,395,444,000, to 
remain available for obligation until September 30, 2012.

                       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, $18,079,312,000, to remain available for obligation 
until September 30, 2012.

                       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, $3,446,419,000, to remain available 
for obligation until September 30, 2012.

            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, $814,015,000, to remain available for 
obligation until September 30, 2012.

                   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, $739,269,000;
            Carrier Replacement Program (AP), $484,432,000;
            NSSN, $1,964,317,000;
            NSSN (AP), $1,959,725,000;
            CVN Refueling, $1,563,602,000;
            CVN Refuelings (AP), $211,820,000;
            DDG-1000 Program, $1,393,797,000;
            DDG-51 Destroyer, $3,650,000,000;
            DDG-51 Destroyer (AP), $328,996,000;
            Littoral Combat Ship, $1,080,000,000;
            LPD-17, $872,392,000;
            LPD-17 (AP), $184,555,000;
            LHA-R (AP), $170,000,000;
            Intratheater Connector, $177,956,000;
            LCAC Service Life Extension Program, $63,857,000;
            Prior year shipbuilding costs, $144,950,000;
            Service Craft, $3,694,000; and
            For outfitting, post delivery, conversions, and first 
        destination transportation, $391,238,000.
    In all: $15,384,600,000, to remain available for obligation until 
September 30, 2014: Provided, That additional obligations may be 
incurred after September 30, 2014, 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, and the purchase of seven vehicles required for physical security 
of personnel, notwithstanding price limitations applicable to passenger 
vehicles but not to exceed $250,000 per vehicle; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $5,499,413,000, to remain available for obligation 
until September 30, 2012.

                       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, $1,550,080,000, to remain available for obligation 
until September 30, 2012.

                    Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $13,148,720,000, to remain available for 
obligation until September 30, 2012.

                     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, 
$6,070,344,000, to remain available for obligation until September 30, 
2012.

                  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, $815,246,000, to remain available for 
obligation until September 30, 2012.

                      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, and the purchase of two vehicles 
required for physical security of personnel, notwithstanding price 
limitations applicable to passenger vehicles but not to exceed $250,000 
per vehicle; lease of passenger motor vehicles; and expansion of public 
and private plants, Government-owned equipment and installation thereof 
in such plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon, prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $17,283,800,000, to remain available for obligation until 
September 30, 2012.

                       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, $4,017,697,000, to remain available for obligation until 
September 30, 2012.

                  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, $1,500,000,000, to remain available for 
obligation until September 30, 2012: Provided, That the Chiefs of the 
Reserve and National Guard 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 Reserve or National Guard component.

                    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), $149,746,000, 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, 
$10,653,126,000, to remain available for obligation until September 30, 
2011.

            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, 
$19,148,509,000, to remain available for obligation until September 30, 
2011: 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, 
$28,049,015,000, to remain available for obligation until September 30, 
2011.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic and 
applied scientific research, development, test and evaluation; advanced 
research projects as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $20,408,968,000, to remain 
available for obligation until September 30, 2011, of which $2,500,000 
shall be available only for the Missile Defense Agency to construct a 
replacement Patriot launcher pad for the Japanese Ministry of Defense.

                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, $190,770,000, to remain available for obligation 
until September 30, 2011.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For the Defense Working Capital Funds, $1,455,004,000.

                     National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $1,242,758,000, 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, 
$28,311,113,000; of which $26,990,219,000 shall be for operation and 
maintenance, of which not to exceed one percent shall remain available 
until September 30, 2011, and of which up to $15,093,539,000 may be 
available for contracts entered into under the TRICARE program; of 
which $322,142,000, to remain available for obligation until September 
30, 2012, shall be for procurement; and of which $998,752,000, to 
remain available for obligation until September 30, 2011, 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, $1,539,869,000, of which $1,125,911,000 shall be for 
operation and maintenance, of which no less than $84,839,000, shall be 
for the Chemical Stockpile Emergency Preparedness Program, consisting 
of $34,905,000 for activities on military installations and 
$49,934,000, to remain available until September 30, 2011, to assist 
State and local governments; $12,689,000 shall be for procurement, to 
remain available until September 30, 2012, of which no less than 
$12,689,000 shall be for the Chemical Stockpile Emergency Preparedness 
Program to assist State and local governments; and $401,269,000, to 
remain available until September 30, 2011, shall be for research, 
development, test and evaluation, of which $398,669,000 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, $1,103,086,000: 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, $288,100,000, of which $287,100,000 shall be for operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; and of which $1,000,000, to remain available until September 
30, 2012, shall be for procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $290,900,000.

               Intelligence Community Management Account

    For necessary expenses of the Intelligence Community Management 
Account, $750,812,000.

                               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 
$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 must be made prior to June 30, 
2010: 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: Provided further, That no obligation of funds may be made 
pursuant to section 1206 of Public Law 109-163 (or any successor 
provision) unless the Secretary of Defense has notified the 
congressional defense committees prior to any such obligation.
    Sec. 8006. (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 2010: 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.
    Sec. 8007.  The Secretaries of the Air Force and the Army are 
authorized, using funds available under the headings ``Operation and 
Maintenance, Air Force'' and ``Operation and Maintenance, Army'', to 
complete facility conversions and phased repair projects which may 
include upgrades and additions to Alaskan range infrastructure and 
training areas, and improved access to these ranges.

                          (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.
    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 2010, 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 2011 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2011 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 
2011.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8013.  None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8014.  None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment: Provided, That this section shall 
not apply to those members who have reenlisted with this option prior 
to October 1, 1987: Provided further, That this section applies only to 
active components of the Army.
    Sec. 8015. (a) None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the 
enactment of this Act, is performed by more than 10 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 (41 U.S.C. 
        47);
            (B) is planned to be converted to performance by a 
        qualified nonprofit agency for the blind or by a qualified 
        nonprofit agency for other severely handicapped individuals in 
        accordance with that Act; or
            (C) is planned to be converted to performance by a 
        qualified firm under at least 51 percent ownership by an Indian 
        tribe, as defined in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)), 
        or a Native Hawaiian Organization, as defined in section 
        8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
    (2) This section shall not apply to depot contracts or contracts 
for depot maintenance as provided in sections 2469 and 2474 of title 
10, United States Code.
    (c) The conversion of any activity or function of the Department of 
Defense under the authority provided by this section shall be credited 
toward any competitive or outsourcing goal, target, or measurement that 
may be established by statute, regulation, or policy and is deemed to 
be awarded under the authority of, and in compliance with, subsection 
(h) of section 2304 of title 10, United States Code, for the 
competition or outsourcing of commercial activities.

                          (transfer of funds)

    Sec. 8016.  Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred 
to any other appropriation contained in this Act solely for the purpose 
of implementing a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as 
amended, under the authority of this provision or any other transfer 
authority contained in this Act.
    Sec. 8017.  None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States: Provided, That for the purpose of 
this section manufactured will include cutting, heat treating, quality 
control, testing of chain and welding (including the forging and shot 
blasting process): Provided further, That for the purpose of this 
section substantially all of the components of anchor and mooring chain 
shall be considered to be produced or manufactured in the United States 
if the aggregate cost of the components produced or manufactured in the 
United States exceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further, That when 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order to 
acquire capability for national security purposes.
    Sec. 8018.  None of the funds available to the Department of 
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1 
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or 
M-1911 pistols.
    Sec. 8019.  No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region: 
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the best 
interest of the Government.
    Sec. 8020.  In addition to the funds provided elsewhere in this 
Act, $15,000,000 is appropriated only for incentive payments authorized 
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): 
Provided, That a prime contractor or a subcontractor at any tier that 
makes a subcontract award to any subcontractor or supplier as defined 
in section 1544 of title 25, United States Code, or a small business 
owned and controlled by an individual or individuals defined under 
section 4221(9) of title 25, United States Code, shall be considered a 
contractor for the purposes of being allowed additional compensation 
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 
whenever the prime contract or subcontract amount is over $500,000 and 
involves the expenditure of funds appropriated by an Act making 
Appropriations for the Department of Defense with respect to any fiscal 
year: Provided further, That notwithstanding section 430 of title 41, 
United States Code, this section shall be applicable to any Department 
of Defense acquisition of supplies or services, including any contract 
and any subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part by any subcontractor or 
supplier defined in section 1544 of title 25, United States Code, or a 
small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code.
    Sec. 8021.  Funds appropriated by this Act for the Defense Media 
Activity shall not be used for any national or international political 
or psychological activities.
    Sec. 8022.  None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of OMB 
Circular A-76 if the study being performed exceeds a period of 24 
months after initiation of such study with respect to a single function 
activity or 30 months after initiation of such study for a multi-
function activity.
    Sec. 8023.  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. 8024. (a) Of the funds made available in this Act, not less 
than $25,756,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $22,433,000 shall be available from ``Operation and 
        Maintenance, Air Force'' to support Civil Air Patrol 
        Corporation operation and maintenance, readiness, counterdrug 
        activities, and drug demand reduction activities involving 
        youth programs;
            (2) $2,426,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $897,000 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. 8025. (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 2010 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 2010, not more than 
5,600 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 1,100 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 2011 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 
$120,200,000.
    Sec. 8026.  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. 8027.  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. 8028.  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. 8029. (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 2010. 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 title III of the Act entitled ``An Act making appropriations for 
the Treasury and Post Office Departments for the fiscal year ending 
June 30, 1934, and for other purposes'', approved March 3, 1933 (41 
U.S.C. 10a et seq.).
    Sec. 8030.  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. 8031. (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, and 
Minnesota 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, and Minnesota.
    (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. 8032.  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. 8033. (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 2011 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2011 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 2011 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. 8034.  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, 2011: 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, 2011.
    Sec. 8035.  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. 8036.  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. 8037. (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 title 
III of the Act entitled ``An Act making appropriations for the Treasury 
and Post Office Departments for the fiscal year ending June 30, 1934, 
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
seq.).
    (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. 8038.  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. 8039. (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; or
            (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.

                             (rescissions)

    Sec. 8040.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
            ``Research, Development, Test and Evaluation, Air Force, 
        2009/2010'', $110,230,000;
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        2009/2010'', $199,750,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
        2009/2011'', $41,087,000;
            ``Other Procurement, Army, 2009/2011'', $138,239,000;
            ``Aircraft Procurement, Air Force, 2009/2011'', 
        $628,900,000;
            ``Missile Procurement, Air Force, 2009/2011'', 
        $147,595,000;
            ``Other Procurement, Air Force, 2009/2011'', $5,000,000;
            ``Procurement, Defense-Wide, 2009/2011'', $5,200,000; and
            ``Procurement, Defense-Wide, 2008/2010'', $2,000,000.
    Sec. 8041.  None of the funds available in this Act may be used to 
reduce the authorized positions for military (civilian) technicians of 
the Army National Guard, Air National Guard, Army Reserve and Air Force 
Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8042.  None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to 
the Democratic People's Republic of Korea unless specifically 
appropriated for that purpose.
    Sec. 8043.  Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Intelligence Program and the Military Intelligence Program: Provided, 
That nothing in this section authorizes deviation from established 
Reserve and National Guard personnel and training procedures.
    Sec. 8044.  During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 2003, level: Provided, That the Service 
Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population is 
declining in some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and capitation-
based budgeting.
    Sec. 8045. (a) None of the funds available to the Department of 
Defense for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence Agency 
for any fiscal year for drug interdiction and counter-drug activities 
may be transferred to any other department or agency of the United 
States except as specifically provided in an appropriations law.
    Sec. 8046.  None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin: Provided, That 
the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That this 
restriction shall not apply to the purchase of ``commercial items'', as 
defined by section 4(12) of the Office of Federal Procurement Policy 
Act, except that the restriction shall apply to ball or roller bearings 
purchased as end items.
    Sec. 8047.  None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, 
unless the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
    Sec. 8048.  None of the funds made available in this or any other 
Act may be used to pay the salary of any officer or employee of the 
Department of Defense who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of 
another Federal agency not financed by this Act without the express 
authorization of Congress: Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.
    Sec. 8049. (a) Notwithstanding any other provision of law, none of 
the funds available to the Department of Defense for the current fiscal 
year may be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate are notified 15 days in 
advance of such transfer.
    (b) This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) A notice under subsection (a) shall include the following--
            (1) A description of the equipment, supplies, or services 
        to be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how 
                the President proposes to provide funds for such 
                replacement.
    Sec. 8050.  None of the funds available to the Department of 
Defense under this Act shall be obligated or expended to pay a 
contractor under a contract with the Department of Defense for costs of 
any amount paid by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of 
        the normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

                     (including transfer of funds)

    Sec. 8051.  During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' may be transferred to 
appropriations available for the pay of military personnel, to be 
merged with, and to be available for the same time period as the 
appropriations to which transferred, to be used in support of such 
personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code.
    Sec. 8052. (a) In General.--Service as a member of the Alaska 
Territorial Guard during World War II of any individual who was 
honorably discharged therefrom under section 8147 of the Department of 
Defense Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 705) 
shall be treated as active service for purposes of the computation 
under chapter 61, 71, 371, 571, 871, or 1223 of title 10, United States 
Code, as applicable, of the retired pay to which such individual may be 
entitled under title 10, United States Code.
    (b) Applicability.--Subsection (a) shall apply with respect to 
amounts of retired pay payable under title 10, United States Code, for 
months beginning on or after the date of the enactment of this Act. No 
retired pay shall be paid to any individual by reason of subsection (a) 
for any period before that date.
    (c) World War II Defined.--In this section, the term ``World War 
II'' has the meaning given that term in section 101(8) of title 38, 
United States Code.
    Sec. 8053. (a) Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau may permit the use of equipment of 
the National Guard Distance Learning Project by any person or entity on 
a space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8054.  Using funds 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 such agreements will 
include the use of United States anthracite as the base load energy for 
municipal district heat to the United States Defense installations: 
Provided further, That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from private, 
regional or municipal services, if provisions are included for the 
consideration of United States coal as an energy source.
    Sec. 8055.  None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements: 
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this restriction 
does not apply to programs funded within the National Intelligence 
Program: Provided further, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do so.
    Sec. 8056.  None of the funds made available in this Act may be 
used to approve or license the sale of the F-22A advanced tactical 
fighter to any foreign government: Provided, That the Department of 
Defense may conduct or participate in studies, research, design and 
other activities to define and develop a future export version of the 
F-22A that protects classified and sensitive information, technologies 
and U.S. warfighting capabilities.
    Sec. 8057. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if 
the Secretary determines that the application of the limitation with 
respect to that country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign country, or 
would invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, United 
States Code, and the country does not discriminate against the same or 
similar defense items produced in the United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason 
        other than the application of a waiver granted under subsection 
        (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 50-65) 
of the Harmonized Tariff Schedule and products classified under 
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 
8109, 8211, 8215, and 9404.
    Sec. 8058. (a) None of the funds made available by this Act may be 
used to support any training program involving a unit of the security 
forces of a foreign country if the Secretary of Defense has received 
credible information from the Department of State that the unit has 
committed a gross violation of human rights, unless all necessary 
corrective steps have been taken.
    (b) The Secretary of Defense, in consultation with the Secretary of 
State, shall ensure that prior to a decision to conduct any training 
program referred to in subsection (a), full consideration is given to 
all credible information available to the Department of State relating 
to human rights violations by foreign security forces.
    (c) The Secretary of Defense, after consultation with the Secretary 
of State, may waive the prohibition in subsection (a) if he determines 
that such waiver is required by extraordinary circumstances.
    (d) Not more than 15 days after the exercise of any waiver under 
subsection (c), the Secretary of Defense shall submit a report to the 
congressional defense committees describing the extraordinary 
circumstances, the purpose and duration of the training program, the 
United States forces and the foreign security forces involved in the 
training program, and the information relating to human rights 
violations that necessitates the waiver.
    Sec. 8059.  None of the funds appropriated or made available in 
this Act to the Department of the Navy shall be used to develop, lease 
or procure the T-AKE class of ships unless the main propulsion diesel 
engines and propulsors are manufactured in the United States by a 
domestically operated entity: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on a timely basis 
and that such an acquisition must be made in order to acquire 
capability for national security purposes or there exists a significant 
cost or quality difference.
    Sec. 8060.  None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts 
may be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.
    Sec. 8061.  Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, 
Test and Evaluation, Defense-Wide'' for any new start advanced concept 
technology demonstration project or joint capability demonstration 
project may only be obligated 30 days after a report, including a 
description of the project, the planned acquisition and transition 
strategy and its estimated annual and total cost, has been provided in 
writing to the congressional defense committees: Provided, That the 
Secretary of Defense may waive this restriction on a case-by-case basis 
by certifying to the congressional defense committees that it is in the 
national interest to do so.
    Sec. 8062.  The Secretary of Defense shall provide a classified 
quarterly report beginning 30 days after enactment of this Act, to the 
House and Senate Appropriations Committees, Subcommittees on Defense on 
certain matters as directed in the classified annex accompanying this 
Act.
    Sec. 8063.  During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide support 
to another department or agency of the United States if such department 
or agency is more than 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable 
basis, and is providing the requested support pursuant to such 
authority: Provided further, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of Representatives and 
the Senate that it is in the national security interest to do so.
    Sec. 8064.  Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of title 32, United 
States Code, may perform duties in support of the ground-based elements 
of the National Ballistic Missile Defense System.
    Sec. 8065.  None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the 
Department of Defense that has a center-fire cartridge and a United 
States military nomenclature designation of ``armor penetrator'', 
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or 
``armor-piercing incendiary-tracer (API-T)'', except to an entity 
performing demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to the 
satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition 
pursuant to a contract with the Department of Defense or the 
manufacture of ammunition for export pursuant to a License for 
Permanent Export of Unclassified Military Articles issued by the 
Department of State.
    Sec. 8066.  Notwithstanding any other provision of law, the Chief 
of the National Guard Bureau, or his designee, may waive payment of all 
or part of the consideration that otherwise would be required under 
section 2667 of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to any 
organization specified in section 508(d) of title 32, United States 
Code, or any other youth, social, or fraternal nonprofit organization 
as may be approved by the Chief of the National Guard Bureau, or his 
designee, on a case-by-case basis.
    Sec. 8067.  None of the funds appropriated by this Act shall be 
used for the support of any nonappropriated funds activity of the 
Department of Defense that procures malt beverages and wine with 
nonappropriated funds for resale (including such alcoholic beverages 
sold by the drink) on a military installation located in the United 
States unless such malt beverages and wine are procured within that 
State, or in the case of the District of Columbia, within the District 
of Columbia, in which the military installation is located: Provided, 
That in a case in which the military installation is located in more 
than one State, purchases may be made in any State in which the 
installation is located: Provided further, That such local procurement 
requirements for malt beverages and wine shall apply to all alcoholic 
beverages only for military installations in States which are not 
contiguous with another State: Provided further, That alcoholic 
beverages other than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most competitive 
source, price and other factors considered.
    Sec. 8068.  Funds available to the Department of Defense for the 
Global Positioning System during the current fiscal year may be used to 
fund civil requirements associated with the satellite and ground 
control segments of such system's modernization program.

                     (including transfer of funds)

    Sec. 8069.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Army'', $106,754,000 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. 8070.  Section 8106 of the Department of Defense 
Appropriations Act, 1997 (titles I through VIII of the matter under 
subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 
113 note) shall continue in effect to apply to disbursements that are 
made by the Department of Defense in fiscal year 2010.

                     (including transfer of funds)

    Sec. 8071.  Of the amounts appropriated in this Act under the 
heading ``Research, Development, Test and Evaluation, Defense-Wide'', 
$202,434,000 shall be for the Israeli Cooperative Programs: Provided, 
That of this amount, $80,092,000 shall be for the Short Range Ballistic 
Missile Defense (SRBMD) program, $50,036,000 shall be available for an 
upper-tier component to the Israeli Missile Defense Architecture, and 
$72,306,000 shall be for the Arrow Missile Defense Program, of which 
$25,000,000 shall be for producing Arrow missile components in the 
United States and Arrow missile components in Israel to meet Israel's 
defense requirements, consistent with each nation's laws, regulations 
and procedures: Provided further, That funds made available under this 
provision for production of missiles and missile components may be 
transferred to appropriations available for the procurement of weapons 
and equipment, to be merged with and to be available for the same time 
period and the same purposes as the appropriation to which transferred: 
Provided further, That the transfer authority provided under this 
provision is in addition to any other transfer authority contained in 
this Act.

                     (including transfer of funds)

    Sec. 8072.  Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $144,950,000 shall be 
available until September 30, 2010, to fund prior year shipbuilding 
cost increases: Provided, That upon enactment of this Act, the 
Secretary of the Navy shall transfer such funds to the following 
appropriations in the amounts specified: Provided further, That the 
amounts transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred:
            To:
                    Under the heading ``Shipbuilding and Conversion, 
                Navy, 2004/2010'':
                            New SSN, $26,906,000; and
                            LPD-17 Amphibious Transport Dock Program, 
                        $16,844,000.
                    Under the heading ``Shipbuilding and Conversion, 
                Navy, 2005/2010'':
                            New SSN, $18,702,000; and
                            LPD-17 Amphibious Transport Dock Program, 
                        $16,498,000.
                    Under the heading ``Shipbuilding and Conversion, 
                Navy, 2008/2012'':
                            LPD-17 Amphibious Transport Dock Program, 
                        $66,000,000.
    Sec. 8073.  None of the funds available to the Department of 
Defense may be obligated to modify command and control relationships to 
give Fleet Forces Command administrative and operational control of 
U.S. Navy forces assigned to the Pacific fleet: Provided, That the 
command and control relationships which existed on October 1, 2004, 
shall remain in force unless changes are specifically authorized in a 
subsequent Act.
    Sec. 8074.  Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may exercise the provisions of 
section 7403(g) of title 38, United States Code, for occupations listed 
in section 7403(a)(2) of title 38, United States Code, as well as the 
following:
            Pharmacists, Audiologists, Psychologists, Social Workers, 
        Othotists/Prosthetists, Occupational Therapists, Physical 
        Therapists, Rehabilitation Therapists, Respiratory Therapists, 
        Speech Pathologists, Dietitian/Nutritionists, Industrial 
        Hygienists, Psychology Technicians, Social Service Assistants, 
        Practical Nurses, Nursing Assistants, and Dental Hygienists:
                    (A) The requirements of section 7403(g)(1)(A) of 
                title 38, United States Code, shall apply.
                    (B) The limitations of section 7403(g)(1)(B) of 
                title 38, United States Code, shall not apply.
    Sec. 8075.  Funds appropriated by this Act, or made available by 
the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes of 
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during 
fiscal year 2010 until the enactment of the Intelligence Authorization 
Act for Fiscal Year 2010.
    Sec. 8076.  None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming of 
funds that creates or initiates a new program, project, or activity 
unless such program, project, or activity must be undertaken 
immediately in the interest of national security and only after written 
prior notification to the congressional defense committees.
    Sec. 8077.  In addition to funds made available elsewhere in this 
Act, $5,500,000 is hereby appropriated and shall remain available until 
expended to provide assistance, by grant or otherwise (such as the 
provision of funds for information technology and textbook purchases, 
professional development for educators, and student transition support) 
to public schools in states that are considered overseas assignments 
with unusually high concentrations of special needs military dependents 
enrolled: Provided, That up to 2 percent of the total appropriated 
funds under this section shall be available for the administration and 
execution of the programs and/or events that promote the purpose of 
this appropriation: Provided further, That up to 5 percent of the total 
appropriated funds under this section shall be available to public 
schools that have entered into a military partnership: Provided 
further, That $1,000,000 shall be available for a nonprofit trust fund 
to assist in the public-private funding of public school repair and 
maintenance projects: Provided further, That $500,000 shall be 
available to fund an ongoing special education support program in 
public schools with unusually high concentrations of active duty 
military dependents enrolled: Provided further, That to the extent a 
Federal agency provides this assistance by contract, grant, or 
otherwise, it may accept and expend non-Federal funds in combination 
with these Federal funds to provide assistance for the authorized 
purpose.
    Sec. 8078.  In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $50,500,000 is hereby 
appropriated to the Department of Defense: Provided, That the Secretary 
of Defense shall make grants in the amounts specified as follows: 
$20,000,000 to the Edward M. Kennedy Institute for the Senate; 
$5,500,000 to the U.S.S. Missouri Memorial Association; and $25,000,000 
to the National World War II Museum.
    Sec. 8079.  The budget of the President for fiscal year 2011 
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. 8080.  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.
    Sec. 8081.  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. 8082.  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. 8083. (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. 8084.  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 the transfer 
authority provided by this section is in addition to any other transfer 
authority contained elsewhere in this Act.
    Sec. 8085.  For purposes of section 612 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. 8086. (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. 8087.  Of the funds provided in this Act, $10,000,000 shall be 
available for the operations and development of training and technology 
for the Joint Interagency Training and Education Center and the 
affiliated Center for National Response at the Memorial Tunnel and for 
providing homeland defense/security and traditional warfighting 
training to the Department of Defense, other Federal agencies, and 
State and local first responder personnel at the Joint Interagency 
Training and Education Center.
    Sec. 8088.  Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized for 
the Secretary of Veterans Affairs by section 7455 of title 38, United 
States Code.
    Sec. 8089.  Up to $16,000,000 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. 8090.  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, 2011.
    Sec. 8091.  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 $294,000,000, 
the total amount appropriated in title III of this Act is hereby 
reduced by $322,000,000, the total amount appropriated in title IV of 
this Act is hereby reduced by $236,000,000, and the total amount 
appropriated in title V of this Act is hereby reduced by $9,000,000: 
Provided, That the Secretary of Defense shall allocate this reduction 
proportionally to each budget activity, activity group, subactivity 
group, and each program, project, and activity, within each 
appropriation account.
    Sec. 8092.  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. 8093.  Notwithstanding any other provision of law, that not 
more than 35 percent of funds provided in this Act for environmental 
remediation may be obligated under indefinite delivery/indefinite 
quantity contracts with a total contract value of $130,000,000 or 
higher.
    Sec. 8094.  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. 8095.  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. 8096. (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 2010: 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. 8097.  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. 8098.  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. 8099.  The Department of Defense shall continue to report 
incremental contingency operations costs for Operation Iraqi Freedom 
and Operation Enduring Freedom on a monthly basis in the Cost of War 
Execution Report as prescribed in the Department of Defense Financial 
Management Regulation Department of Defense Instruction 7000.14, Volume 
12, Chapter 23 ``Contingency Operations'', Annex 1, dated September 
2005.
    Sec. 8100.  The amounts appropriated in title II of this Act are 
hereby reduced by $500,000,000 to reflect excess cash balances in 
Department of Defense Working Capital Funds, as follows:
            From ``Operation and Maintenance, Air Force'', 
        $500,000,000.
    Sec. 8101.  During the current fiscal year, not to exceed 
$10,000,000 from each of the appropriations made in title III 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.
    Sec. 8102.  Of the funds appropriated in the Intelligence Community 
Management Account for the Program Manager for the Information Sharing 
Environment, $24,000,000 is available for transfer by the Director of 
National Intelligence to other departments and agencies for purposes of 
Government-wide information sharing activities: Provided, That funds 
transferred under this provision are to be merged with and available 
for the same purposes and time period as the appropriation to which 
transferred: Provided further, That the Office of Management and Budget 
must approve any transfers made under this provision.
    Sec. 8103.  Funds appropriated by this Act for operation and 
maintenance shall 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.

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$9,597,340,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$1,175,601,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$670,722,000.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,445,376,000.

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$293,637,000.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$37,040,000.

                    Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$31,337,000.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$19,822,000.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$824,966,000.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $9,500,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$51,928,167,000.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$5,899,597,000.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $3,775,270,000.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $9,929,868,000.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,550,900,000, of which:
            (1) Not to exceed $12,500,000 for the Combatant Commander 
        Initiative Fund, to be used in support of Operation Iraqi 
        Freedom and Operation Enduring Freedom; and
            (2) Not to exceed $1,600,000,000, to remain available until 
        expended, for payments to reimburse key cooperating nations for 
        logistical, military, and other support, including access 
        provided to United States military operations in support of 
        Operation Iraqi Freedom 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 these funds may be used for the purpose 
        of providing specialized training and procuring supplies and 
        specialized equipment and providing such supplies and loaning 
        such equipment on a non-reimbursable basis to coalition forces 
        supporting United States military operations in Iraq and 
        Afghanistan, and 15 days following notification to the 
        appropriate congressional committees: Provided further, That 
        the Secretary of Defense shall provide quarterly reports to the 
        congressional defense committees on the use of funds provided 
        in this paragraph.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $234,898,000.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $68,059,000.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $86,667,000.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $125,925,000.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $450,246,000.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $289,862,000.

                    Afghanistan Security Forces Fund

    For the ``Afghanistan Security Forces Fund'', $6,562,769,000, to 
remain available until September 30, 2011: 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.

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$1,119,319,000, to remain available until September 30, 2012.

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$475,954,000, to remain available until September 30, 2012.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $875,866,000, to remain available until 
September 30, 2012.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$365,635,000, to remain available until September 30, 2012.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$4,874,176,000, to remain available until September 30, 2012.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$1,342,577,000, to remain available until September 30, 2012.

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$50,700,000, to remain available until September 30, 2012.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $681,957,000, to remain available until September 30, 
2012.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$260,118,000, to remain available until September 30, 2012.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$868,197,000, to remain available until September 30, 2012.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$736,501,000, to remain available until September 30, 2012.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$36,625,000, to remain available until September 30, 2012.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $256,819,000, to remain available until September 30, 2012.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$3,138,021,000, to remain available until September 30, 2012.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$480,780,000, to remain available until September 30, 2012.

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

    For the Mine Resistant Ambush Protected Vehicle Fund, 
$6,656,000,000, to remain available until September 30, 2011: 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 for 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 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.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $57,962,000, to remain available until September 
30, 2011.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $84,180,000, to remain available until September 
30, 2011.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $39,286,000, to remain available until 
September 30, 2011.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $112,196,000, to remain available until 
September 30, 2011.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$412,215,000.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$1,563,675,000, which shall be for operation and maintenance.

             Drug Interdiction and Counter-drug Activities

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities'', $353,603,000, to remain available until September 30, 
2011.

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

    For the ``Joint Improvised Explosive Device Defeat Fund'', 
$2,033,560,000, to remain available until September 30, 2012: Provided, 
That such funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, for the purpose of allowing 
the 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 within 60 days of the enactment of this Act, a plan for 
the intended management and use of the amounts provided under this 
heading shall be submitted to the congressional defense committees: 
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 
this 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.

                    Office of the Inspector General

    For an additional amount for the ``Office of the Inspector 
General'', $8,876,000.

                     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 
2010.

                     (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, 2010: Provided further, That the amount in this 
section is designated as being for overseas deployments and other 
activities pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 
13 (111th Congress), the concurrent resolution on the budget for fiscal 
year 2010.
    Sec. 9003.  Supervision and administration costs associated with a 
construction project funded with appropriations available for operation 
and maintenance or the ``Afghanistan Security Forces Fund'' provided in 
this Act and executed in direct support of overseas contingency 
operations in Afghanistan, may be obligated at the time a construction 
contract is awarded: Provided, That for the purpose of this section, 
supervision and administration costs include all in-house Government 
costs.
    Sec. 9004.  From funds made available in this title, the Secretary 
of Defense may purchase for use by military and civilian employees of 
the Department of Defense in Iraq and Afghanistan: (a) passenger motor 
vehicles up to a limit of $75,000 per vehicle and (b) heavy and light 
armored vehicles for the physical security of personnel or for force 
protection purposes up to a limit of $250,000 per vehicle, 
notwithstanding price or other limitations applicable to the purchase 
of passenger carrying vehicles.
    Sec. 9005.  Not to exceed $1,200,000,000 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, for the purpose of enabling 
military commanders in Iraq and Afghanistan to respond to urgent 
humanitarian relief and reconstruction requirements within their areas 
of responsibility: Provided, That not later than 15 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.
    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.  Each amount in this title is designated as being for 
overseas deployments and other activities pursuant to section 401(c)(4) 
and 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent 
resolution on the budget for fiscal year 2010.
    Sec. 9008.  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. 9009. (a) The Director of the Office of Management and Budget, 
in consultation with the Secretary of Defense; the Commander of the 
United States Central Command; the Commander, Multi-National Security 
Transition Command--Iraq; and the Commander, Combined Security 
Transition Command--Afghanistan, shall submit to the congressional 
defense committees not later than 45 days after the end of each fiscal 
quarter a report on the proposed use of all funds appropriated by this 
or any prior Act under each of the headings ``Iraq Security Forces 
Fund'', ``Afghanistan Security Forces Fund'', 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 by the commanders referred to in this section 
of the costs required to complete each such project.
    (b) The report required by this subsection shall include the 
following:
            (1) The use of all funds on a project-by-project basis for 
        which funds appropriated under the headings referred to in 
        subsection (a) were obligated prior to the submission of the 
        report, including estimates by the commanders referred to in 
        subsection (a) of the costs to complete each project.
            (2) The use of all funds on a project-by-project basis for 
        which funds were appropriated under the headings referred to in 
        subsection (a) in prior appropriations Acts, or for which funds 
        were made available by transfer, reprogramming, or allocation 
        from other headings in prior appropriations Acts, including 
        estimates by the commanders referred to in subsection (a) of 
        the costs to complete each project.
            (3) An estimated total cost to train and equip the Iraq, 
        Afghanistan, and Pakistan security forces, disaggregated by 
        major program and sub-elements by force, arrayed by fiscal 
        year.
    (c) The Secretary of Defense shall notify the congressional defense 
committees of any proposed new projects or transfers of funds between 
sub-activity groups in excess of $20,000,000 using funds appropriated 
by this or any prior Act under the headings ``Iraq Security Forces 
Fund'', ``Afghanistan Security Forces Fund'', and ``Pakistan 
Counterinsurgency Fund''.
    Sec. 9010.  (a) None of the funds appropriated or otherwise made 
available by this Act or any prior Act may be used to transfer, 
release, or incarcerate any individual who was detained as of October 
1, 2009, at Naval Station, Guantanamo Bay, Cuba, to or within the 
United States or its territories.
     (b) In this section, the term ``United States'' means the several 
States and the District of Columbia.
    Sec. 9011.  In addition to amounts made available elsewhere in this 
title there is hereby appropriated $329,000,000 for the purchase of 
fuel to the following accounts in the specified amounts:
            ``Operation and Maintenance, Army'', $83,552,000;
            ``Operation and Maintenance, Navy'', $33,889,000;
            ``Operation and Maintenance, Marine Corps'', $1,619,000;
            ``Operation and Maintenance, Air Force'', $179,191,000;
            ``Operation and Maintenance, Army Reserve'', $8,567,000;
            ``Operation and Maintenance, Navy Reserve'', $3,007,000;
            ``Operation and Maintenance, Marine Corps Reserve'', 
        $39,000; and
            ``Operation and Maintenance, Army National Guard'', 
        $19,136,000.
    This Act may be cited as the ``Department of Defense Appropriations 
Act, 2010''.
                                                       Calendar No. 159

111th CONGRESS

  1st Session

                               H. R. 3326

                          [Report No. 111-74]

_______________________________________________________________________

                                 AN ACT

Making appropriations for the Department of Defense for the fiscal year 
           ending September 30, 2010, and for other purposes.

_______________________________________________________________________

                             August 3, 2009

  Received; read twice and referred to the Committee on Appropriations

                           September 10, 2009

                       Reported with an amendment
```